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 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.
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