May 18, 2015 — The West 65/30 Scallop Quota Group Association has made application to the Federal Court of Canada for a judicial review of the federal fisheries minister’s management of the inshore scallop fishery in Nova Scotia.
At issue is the fact Scallop Fishing Area (SFA) 28 licence holders (Full Bay Fleet) are being granted access to SFA 29 through a condition of licence. The practice has been ongoing since 2002, says Brian Giroux, executive director of the West 65/30 Scallop Quota Group Association and an SFA 29 licence holder.
“We’re asking a simple question,” Giroux says. “Is this fishery being operated legally? Has the minister exceeded the scope of the Fisheries Regulations?
“In the Nova Scotia scallop fishery, the minister has granted to license holders in SFA 28, access to SFA 29 simply by adding that SFA 29 access as a condition to existing SFA 28 licenses,” Giroux continues. “This process effectively destroys the essential protections provided by a limited entry fishery. It completely ignores any legal or scientific basis for the establishment of fishing areas or quotas. It also will reduce the values of area-specific fishing licenses. Why buy when a condition can be issued?”
SFA 29 as defined by the Atlantic Fisheries Regulations extends from Cape North, Cape Breton to the Yarmouth Ledge. SFA 28 encompasses the Bay of Fundy.