Image: Norges Fiskarlag / FIS

Norges Fiskarlag Avoids Confiscation Due to Overfishing of Cod Quota

NORWAY
Wednesday, April 17, 2024, 07:00 (GMT + 9)

With the assistance of the Fishermen's Association's (Norges Fiskarlag) lawyer, a vessel avoids a confiscation of just over NOK 1.6 million (USD 145,459) for overfishing the cod quota. The shipping company is satisfied.

In the new year of 2024, the shipping company received advance notice of the administrative confiscation of the catch value of just over NOK 1.6 million.

Photo: YouTube/vinterfiske torsk

The basis for the warning was that the shipping company's vessels in 2023 fished just over 60 tonnes of cod above their vessel quota.

Disagree

Lawyer Ståle Hellesø in the Norwegian Fishermen's Association says the shipping company has disagreed with the sales team's initial assessment in the case.

After assistance from him as a lawyer, it has now been clarified that the vessel has not fished beyond the permitted quota in 2023 and there has therefore been no breach of the regulatory regulations § 16 or the Marine Resources Act § 54 which gives authority for administrative confiscation of the notified catch value.

Relieved

The shipping company says in a comment that they are well satisfied with the assistance from the Norwegian Fishermen's Association and the outcome of the case, and feel that it is positive that the Norwegian Raw Fish Association has the ability to turn things around when the regulations are as they are.

Furthermore, the shipping company points out the importance of being a member of the Norwegian Fishermen's Association and that, among other things, they: "value the special expertise that the Fishermen's Association possesses."

This was the case

It appears from the notice that "Vessel A" had a residual quota of just under 10 tonnes of round cod in October 2023.

In the last quarter of 2023, the vessel received a structure quota from "vessel B", which, with a deduction for truncation linked to the structure quota of 10 per cent, corresponded to a quota of just over 70 tonnes.

In the period leading up to Christmas last year, "vessel A" fished for cod, and just over 70 tonnes of quota was charged to the vessel.

Norway's Råfislag stated in the notice that the vessel "vessel B" had fished just under 80 tonnes up to a date in September 2023, which was charged against the vessel's basic quota.

<-- Source: Stockfile FIS

A quota change was then made on "vessel B", where another quota was placed on the vessel. This quota was also just under 80 tonnes. This quota was not previously fished for in 2023, nor by "vessel B".

"Vessel A" received this quota as a structural quota until October 2023. The Raw Fish Association believed in the notice that, with this quota exchange on "vessel B", a deduction must be made for the quantity that vessel had fished before the quota exchange.

The raw fish association (Norges Rafisklag) therefore believed that the basic quota of just under 80 tonnes of cod which was first placed on "vessel B" and then allocated to "vessel A" as a structural quota, did not contain a single kilogram of cod at the time of allocation. The quantity "vessel Ar" fished on this quota was therefore fish in excess of the permitted quota and the value of the catch must be forfeited in favor of the Raw Fish Association.

Demanding regulations

• The regulations are demanding and the Raw Fish Association asked the Directorate of Fisheries in the case for a clarification on the provisions regarding quota utilization and reduction of quota when structuring. The clarification was in accordance with the point of view lawyer Ståle Hellesø had stated in his note to the notice.
• On behalf of the shipping company, we have now received clarification that the provision on quota utilization does not apply when a vessel is allocated a structural quota that the ceding vessel had not fished on earlier in the year.

Source: Fiskeribladet

When the emitting vessel has not fished the quota that is allocated to another vessel as a structural quota, no deduction shall be made in the quota when this is allocated.

"We are satisfied on behalf of our member that the Norwegian Raw Fish Association together with the Directorate of Fisheries have seen our point and withdrawn the notice of confiscation of just over NOK 1.6 million" , says Ståle Hellesø.

Source: Norges Fiskarlag (Translated from the original in Norwegian)

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