Lobster Hub Inc. (LHI) appealed the denial of their application for fish buyer and processor licenses for multiple species, citing procedural unfairness and inconsistency due to a "moratorium" on new licenses by the Department of Fisheries and Aquaculture.
The moratorium, part of a "Licensing Policy Review" since 2018, was cited by the Minister as the reason for denying LHI's application.
Issues Addressed:
Minister’s Authority: LHI argued the Minister lacked power to declare a broad verbal moratorium. The court found that sections 72 and 75 of the Fisheries and Coastal Resources Act provide broad authority, allowing the Minister to control licensing in the public interest.
Fettering of Discretion: LHI claimed the Minister relied solely on policy, ignoring individual case merits. The court found no evidence that discretion was improperly limited.
Review of Minister's Decision: The court upheld the Minister’s decision, stating there was no palpable or overriding error. The moratorium was considered consistent with statutory purposes.
Outcome: Appeal dismissed; the moratorium was upheld as within the Minister's statutory authority. No monetary award was specified.
