The Nova Scotia Supreme Court has upheld the provincial fisheries minister’s right to impose a moratorium on new licences for fish buyers and processors that has been in place since 2018. Lobster Hub Inc., a lobster processor in Meteghan, Nova Scotia, launched an appeal in April after its applications to expand its processing license to include snow crab and other species were rejected by three different fisheries ministers over a three-year period. The company initially filed its request in February 2021, but the ministers cited an ongoing policy review that had halted the issuing of new licenses as the reason for rejection.
Justice James Chipman dismissed Lobster Hub’s appeal, stating that the moratorium falls within the fisheries minister’s authority to create and administer policies under the Fisheries and Coastal Resources Act. The company’s repeated rejections were based on the ongoing policy review, which justified the suspension of new licenses. Despite Lobster Hub’s argument that the moratorium unfairly prevented them from expanding their operations, the court ultimately ruled in favor of the fisheries minister’s decision to uphold the moratorium on new licenses for fish buyers and processors.
This decision by the Nova Scotia Supreme Court highlights the importance of the provincial government’s authority in regulating the fishing industry and issuing licenses to fish buyers and processors. The court’s ruling sets a precedent for the enforcement of policies and moratoriums that are put in place to protect and manage fish stocks in the region. By upholding the moratorium on new licenses, the court is supporting the government’s efforts to sustainably manage the fishing industry and prevent overfishing of certain species.
Lobster Hub Inc.’s unsuccessful appeal serves as a reminder to businesses in the fishing industry of the regulations and policies that govern their operations. Despite the company’s desire to expand its processing capabilities to include additional species, the moratorium on new licenses was deemed necessary to maintain the overall health and sustainability of fish stocks in Nova Scotia. This decision showcases the balance between economic interests and environmental conservation in the fishing industry, with the court ultimately prioritizing the protection of fish populations over individual business interests.
Moving forward, fish buyers and processors in Nova Scotia will need to abide by the regulations and policies set forth by the provincial fisheries minister to ensure compliance with the law. The court’s decision to uphold the moratorium on new licenses emphasizes the government’s role in managing the fishing industry and protecting marine resources for future generations. As the fishing industry continues to evolve and face challenges related to overfishing and environmental sustainability, regulatory measures such as moratoriums on new licenses play a crucial role in maintaining a balance between economic development and conservation efforts in Nova Scotia’s waters.
