DFO Decides “Last In, First Out” Policy (LIFO) is Out

On July 6, 2016, the Federal Department of Fisheries and Ocean’s (DFO) accepted the Ministerial Advisory Panel (MAP) recommendation in the fate of the “last-in, first-out” policy (LIFO) for the Northern shrimp fishery: after 20 years, LIFO’s out.  DFO will replace LIFO with a system of “proportional sharing” and has set a new interim quota.

DFO’s decisions – both abolishing LIFO and the replacement system – will be met with controversy. Newfoundland & Labrador’s seasonal, shore-based processing fleet and Aboriginal groups are likely to welcome the decision – but the primarily Maritime-based offshore fleet likely won’t. The question now is whether dissatisfied stakeholders will launch court challenges to DFO’s decision. But a court challenge of fisheries licensing and quota decisions can be complex and difficult. Here are some of the key considerations when contemplating whether and how to challenge a fisheries licensing/quota decision in court.

Please contact your McInnes Cooper lawyer or any member of our McInnes Cooper Energy & Natural Resources Team to discuss this topic or any other legal issue.

McInnes Cooper has prepared this document for information only; it is not intended to be legal advice.  You should consult McInnes Cooper about your unique circumstances before acting on this information. McInnes Cooper excludes all liability for anything contained in this document and any use you make of it.

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