Z –v- QFS
Wednesday 11 May 2005 – An L2 licence holder missed out on RQ because previous licence holder had entered some false information in the log books. We were able to prove that this happened intentionally. However, the Tribunal ultimately awarded an RQ and Quota based upon the fact that several of the log book entries did not record whether the weights were whole fish, gutted or fillets. The Management Plan Provisions required QFS to use the interpretation that was most beneficial to the fisherman. In this case, if the incomplete entries were for fillets, you had to multiply the weight by at least 2 times! When this interpretation was applied, the licence holder did just meet the criteria of 500 kg in a particular year.
The Tribunal agreed with our interpretation of the legislation and awarded an RQ Symbol, much to the disappointment of QFS!