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THE LEGAL BASIS

NORWEGIAN LEGISLATION ON THE DISCARD BAN – A BRIEF INTRODUCTION by Arne Wåge, The Directorate of Fisheries, Tromsø, 22-23 June 2007. THE LEGAL BASIS. ACT NO. 40 OF 3 JUNE 1983 RELATING TO SEA-WATER FISHERIES § 11 Use and return to the sea

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THE LEGAL BASIS

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  1. NORWEGIAN LEGISLATION ON THEDISCARD BAN– A BRIEF INTRODUCTIONby Arne Wåge, The Directorate of Fisheries,Tromsø, 22-23 June 2007

  2. THE LEGAL BASIS ACT NO. 40 OF 3 JUNE 1983 RELATING TO SEA-WATER FISHERIES § 11 Use and return to the sea “Fish caught in contravention of provisions set out in or issued pursuant to this Act and capable of surviving shall be returned to the sea immediately. The Ministry may order the landing of dead and dying fish and prohibit the return of catches or fish waste to the sea.”

  3. REGULATIONS REGULATIONS OF 22 DECEMBER 2004 RELATING TO SEA-WATER FISHERIES § 48 Prohibition against discarding fish • In the internal waters, territorial sea and Economic Zone of Norway, it is prohibited to discard or release catches that are dead or dying or catches of the following fish species: Cod, Haddock, Saithe, Redfish, Mackerel, Norwegian spring-spawning herring, Trondheimsfjord herring, North Sea herring, Greater argentine, Capelin, Greenland halibut, Whiting, Blue whiting, Angler (monkfish), Shrimps and Snow crabs

  4. REGULATIONS § 48 Prohibition against discarding fish (continue) (2) In the fisheries for mackerel, Norwegian spring-spawning herring, North Sea herring and herring in the Skagerrak, and capelin, it is in addition prohibited to discard fish waste.  (3) The regional offices of the Directorate of Fisheries may order that catches are to be hauled in. §§ 50-52 Prohibition against the use of drainage grids, grading units etc. in the fishery for herring and mackerel

  5. SVALBARD AND JAN MAYEN • Svalbard: • Corresponding legislation • Jan Mayen • No discard regime • Likely to be introduced in a fishery for capelin Svalbard Jan Mayen

  6. THE HISTORICAL DEVELOPMENT • April 1987: discard ban on cod and haddock in NEZ north of 62° N, the main purpose being to make discard of legal caught cod and haddock illegal (Highgrading) • August 1988: A discard ban on cod and haddock in NEZ, and in addition on the following species: Saithe, redfish, mackerel, shrimps, herring and greater argentine • December 1990: capelin • February 1995: greenland halibut • December 2002: whiting and blue whiting • February 2003: anglerfish

  7. Hard to control and enforce Additional management measures Practical approach Define and describe what is illegal discarding practises Provided the fishing activity is conducted in compliance with the regulations, a working group headed by the Directorate of Fisheries suggested some guidelines in 2005 for what’s not described as illegal discarding practise: Fish below minimum size that are not marketable Fish that from other reasons are not marketable MONITORING, CONTROL AND SURVEILLANCE (MCS) AND ENFORCEMENT

  8. Modernised Sea Fisheries Act Proposition to the Parliament Adoption of the Act The Discard provision: All catches shall be landed (the principle rule) Authority to the Ministry to issue regulations on exemptions from the main rule What kind of exemptions could be discussed Fish caught in contravention of legislation capable of surviving, damaged fish, fish of no market value? The scope of the new Act will cover all wild living marine resources. A NEW NORWEGIAN SEA FISHERIES ACT

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