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Law On The Right To Participate In Fishing And Hunting (Participation Act)

Original Language Title: Lov om retten til å delta i fiske og fangst (deltakerloven)

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Law on the right to participate in fishing and catch (participation law).

Date LO-1999-03-26-15
Ministry of The proximity and the fisheries Department
Last modified LAW-2015 -06-19-78 from 01.07.2015, LAW-2015 -06-19-65 from 01.10.2015
Published
Istrontrecation 01.01.2000
Changing LAW-1917-12-05-1
Announcement
Card title Participation law-deltl.

Capital overview :

Jf. former laws 5 des 1917 # 1, 16 June 1939 # 7, 20 apr 1951, 14 des 1951 No. 1 1, 16 June 1972 # 57.

Chapter I. Law's purpose and scope

SECTION 1. Law's purpose

The purpose of this law is :

a. to adapt fish fleet capacity to resource foundation to ensure a rational and sustainable utilization of the navy resources,
b. to increase profitability and value creation in the near and through this safe settlement and workplaces in coastal districts, and
c. adding to the right that the harvest of the navy resources is still going to come the coastal population to good.
Section 1 a. The relationship of the fold.

The law shall be applied in accordance with the population of the population of urpeople and minorities.

0 Added by law 21 sep 2012 # 66 (ikr. 1 jan 2013 ifg. res. 21 sep 2012 # 913).
SECTION 2. Scope

The law reguates the adhall to drive ervervated fishing and catch and other harvest of wild-living navy resources with vessels that are Norwegian by the rules of the sea law Section 1 to 4 and vessel owned by foreigner living in Norway when the vessel's greatest length is less than 15 feet. Ftools that are Norwegian after the sea law Section 1 third clause are still not reauthored by the law here, unless the vessel is owned by person living in Norway and the farmer's largest length is less than 15 meters. As Norwegian vessel is considered in the law here vessel that is reauthored by the first and second period.

The law still does not apply to the harvest of anadrome salmon fish as defined in law 15. May 1992 # 47 about laccefish and rural fish mv. Section 5 letter a. The Ministry of Law may in regulation decide that the whole or parts of the law here should not apply to harvest of one or more species that are not fish, crepments, mollusting animals or marine mammals.

0 Modified by laws 21 jan 2000 # 8, 6 June 2008 No. 37 (ikr. 1 jan 2009 ifg res. 12 des 2008 No. 1 1355), 31 May 2013 # 24 (ikr. 1 jan 2014 ifg. res. 31 May 2013 # 540).
SECTION 3. Ervervwise fishing and catch definition

With the ververvated fishing and catch meaning in this law all harvest of wild-living navy resources when the occupational practitioner has this to the living way alone or together with any other nutrition and where vessel is enjoyed.

Scientific investigations or practical fishing trials that are being carried out after permission of the Fiskerian Directorate, jf. The law of the management of the viltlevande navy resource Section 66 is not to consider the verversive fishing and catch after the law here.

The king can at regulation give closer regulations on when fishing and catch should be considered to be ervervwise, herunder rules about income earned by fishing and catch.

0 Changed by laws 6 June 2008 No. 37 (ikr. 1 jan 2009 ifg res. 12 des 2008 No. 1 1355). 31 May 2013 # 24 (ikr. 1 jan 2014 ifg. res. 31 May 2013 # 540).

Chapter II. Ervervpermit

SECTION 4. The requirement of the ervervpermit

A vessel cannot be enjoyed to the ervervorated fishing or catch without it being granted the ververvpermission of the ministry. It can be determined terms for such permission.

Ervervpermission is given to the vessel's owner for one specific vessel. The permission does not give the right to use any other vessel. Other than the physical or legal person who possesses the permission cannot without their own permission to fish or catch with the vessel.

A ververvpermit provides only the right to exercise fishing or catch in accordance with the provisions that at all times are determined in or in co-law on the management of the viltlevande navy resource or the law here.

0 Modified by law 6 June 2008 No. 37 (ikr. 1 jan 2009 ifg res. 12 des 2008 No. 1 1355).
SECTION 5. National Requirements

Ervervpermission can only be given to the one who is a Norwegian citizen or equal to the Norwegian citizen. As equal to the Norwegian citizen, foreigner is considered a resident in Norway. Foreigner settled in Norway can only be awarded the ervervpermit when the vessel's largest length is less than 15 meters.

The following companies and gatherings are considered equal to the Norwegian citizen :

a. The stock company, general stock company and other company with limited liability when the company's head office and the board's seat is in Norway, when the board of directors, consists of Norwegian nationals who are settled in Norway and have lived here in the two last year, and when Norwegian nationals own shares or shares responding to at least 6/10 of the company's capital and can exercise voting rights in the company with at least 6/10 of the vote.
b. partrederi or other Norwegian company when its members are bookmaking unlimited for the company's obligations, and when Norwegian nationals are co-owners for at least 6/10.
c. The Commission company when Norwegian nationals own at least 6/10 of the responsible capital, and when Norwegian nationals own at least 6/10 of the Commission of the Commission.

By the applicability of this paragraph shall be similar to what is owned by Norwegian nationals, it is considered owned by the Norwegian state, institution or fund controlled by the Norwegian state and Norwegian municipactions.

0 Modified by law 31 May 2013 # 24 (ikr. 1 jan 2014 ifg. res. 31 May 2013 # 540).
Section 5 a. Requirements of residence

It is forbidden to benefit vessels of the ervervated fishing or catch if not at least half of the crew and the lotus fishermen as well as the paternity driver is settled in a coastal municipality or in a neighboring county to a coastal municipality. The requirement of farharry's residence does not apply if farcloth is also a danger owner. It can after application be granted dispensation from the housing requirement for farcloth driver with residence elsewhere in Norway, or in the Norder or the EBeer area of the otherwise.

The king can at regulation make exceptions from the ban in the first clause of vessels to be enjoyed fishing or catch in waters that are outside of Norwegian or other state's national jurisdiction and which are regulated by international organizations or agreements that Norway is party in and that gives Norway access to fishing and catch.

The requirement in the first clause does not apply to the extent that it is granted permission from the first clause of the law of law 17. June 1966 # 19 about the ban on foreigners driver fishing m.v. in Norway's territorial waters Section 4.

0 Added by law 31 May 2013 # 24 (ikr. 1 jan 2014 ifg. res. 31 May 2013 # 540).
SECTION 6. Requirements of previous activity in fishing or catch

Ervervpermission can only be given to the one who has driven ervervated fishing or catch on or with Norwegian vessels in at least three of the last five years and is still associated with fishing and captivity.

For company or convergence, the ververvpermit can only be given if people who meet the requirement in the first clause possess more than 50 pst. of the ownership interests and actually have corresponding control over the business.

The Ministry can in particular case, when nutritional and regional consideration, it is, by single-law, make exceptions from the claim in the first and other clause about previous activity in fishing or catch. The king can at regulation make exceptions from the claim of previous activity, herunder for vessels under a certain size.

When it is necessary for the completion of the agreement with foreign state, the King at regulation may determine further rules, herunder other rules than those determined in the first clause, for permission of Section 4.

SECTION 7. Shonest regulations on ervervpermit

Sikad if the ververvpermit can be denied if :

a. The grant is not desirable from the envision of the fishing fleet's district distribution, the regard to the resource foundation or the purposes of the law. The king can at regulation give closer rules about when the application for the ervervpermit can be denied.
b. The vessel has previously been taken out of fishing in the co-hold of a containment or structural quota arrangement or similar arrangement.
c. The danger owner or others who have driven a vessel on the vessel's behalf, rough or repeatedly have violated regulations given in or in co-hold of this law or other fishing law.

When a vessel is to be overtaken by inheritance by the rules of law 3. March 1972 5 About heritage m.Chapter I or II, the new owner shall be given time-limited residence permit for up to five years until the activity requirement in Section 6 first clause is met. Such time-limited residence permit can also be issued at the transfer of the vessel as clause in generational change to the benefit of people who can obtain arverts by the above Chapter I. Relive spouse in unshift living, jf. The inheritance law of Chapter III, can be given a time-restricted ververvpermit as long as the bankruptcy estate consists.

The king can at regulation give closer regulations on the allocation of the ervervpermission of the erstice of vessels in cases as mentioned in other joints, by foreclosure and bankruptcy, and about the procedure of foreclosure by fishing vessels where there is an ervervpermit associated with craft. Companies and gatherings that are reauthored by the funding enterprise law 1 Section 1-4 first clause, and which has the right to drive financing business in Norway, can in co-compliance of such regulations be awarded temporary ervervpermission by foreclosure and bankruptcy without regard to Section 5.

0 Changed by laws 17 des 2004 # 88, 31 May 2013 # 24 (ikr. 1 jan 2014 ifg. res. 31 May 2013 # 540).
1 Opph., see now law 10 apr 2015 number 17.
SECTION 8. The vessel requirements

Ervervpermission shall not be given if the vessel is not equipped for or suitable to drive fishing or catch. The king can at regulation give rules about the demands of the vessel, herunder rules that the vessel cannot be admitted to the registry of Norwegian fishing vessels if it does not meet the demands that are faced by the maritime authorities or other authorities.

0 Modified by law 17 des 2004 # 88.
SECTION 9. Assignment of stock, owner shares m.v.

Stock or party in company or convergence that directly or indirectly owns brand registration vessel must not be overdragged to any other owner without the ministry in advance of the ownership statement.

The king can at regulation give rules about meldduty on ownership changes. When it is introduced such a meldduty, the ban does not apply to the transfer of transfer before it is granted permission. The rules of meldduty may still contain the ban on transfer before a certain due date after the message has been submitted.

0 Modified by law 17 des 2004 # 88.
SECTION 10. Waste of the ervervpermit

A ververvpermit falls away when the owner loses property rights to the vessel, herding at foreclosure, condensation and relis.

SECTION 11. Recall of the ervervpermit

A ververvpermit is to be recalled when the paternity owner :

a. no longer meet the requirements in Section 5,
b. has not driven ervervated fishing or catch in at least three of the last five years on or with Norwegian vessels and also is not associated with fishing and captivity.

A ververvpermit can be recalled when :

a. The vessel has not been taken advantage in the ervervated fishing or catch a further determined time determined by the ministry in regulation or in the ervervstifance,
b. The vessel or vessel owner no longer fills terms set in or in the co-hold of the law here,
c. the prerequisites that the permit builds on is significantly altered,
d. The color owner against better judgement has given incorrect information or foretelling conditions of essential importance to the ordinance of giving such permission,
e. The color owner or others who have driven the vessel, rough or repeatedly have violated regulations given in or in co-hold of this law or other fishing law, or
f. admission to the callbacks follows by common management legal rules.

In less serious cases, the ministry may decide that a ververvpermit is to be recalled for a specific amount of time.

The king can provide filler rules for callbacks of permits.

Chapter III. Special permission

SECTION 12. Demand for special permission of individual forms of fishing and catch

No one must without special permit benefit ocean fishing vessel to ervervated fishing and catch. It can be determined terms for such a permit. The provisions of Section 7 and 8 apply accordingly for assignment of special permission.

The king can at regulation give closer rules about what is to be reckoned as ocean fishing vessels and determining requirements for special permission to benefit other vessels than ocean fishing vessels to ervervated fishing and catch.

The king can at regulation determine closer rules for assignment of special permits.

0 Modified by law 31 May 2013 # 24 (ikr. 1 jan 2014 ifg. res. 31 May 2013 # 540).
SECTION 13. The relationship of the ervervpermit

Ervervpermission must be forage for that special permission can be given.

SECTION 14. Exceptions from the requirement of special permission

The king can at regulation make exceptions from the requirement of special permission for vessels under a certain size, and for fishing and capture of specific species, with specific tools or in specific areas.

SECTION 15. The range of a special permit

A special permit in the co-hold of Section 12 is given to the vessel's owner for one specific vessel. The permission does not give the right to use any other vessel. Other than the physical or legal person who possesses the permission cannot without their own permission to fish or catch with the vessel.

The Section 4 third clause and Section 7 third joints apply accordingly to special permits.

SECTION 16. Assignment of new special permits to some forms of fishing and catch

When the ministry at an assessment from the purposes of the law finds that the total number of special permits for a form of fishing or catch should be increased, and that the ministry is therefore to make the grant of new permits, the ministry shall fathom special decision that such allocation should happen. New permits should be seen out in public.

When very honest reasons, it can be allocation of new permission to happen without public clearing.

Assignment after the first clause shall be taken after an overall assessment of the applicant from the purposes of the law, herunder rules given in co-12 third joints.

SECTION 17. Assignment of special permission to substitute for the equivalent of special permission

The Ministry of the Ministry can in the following cases allocate special permission of the paternity owner of a specific vessel to substitute for the corresponding special permission as specified :

a) Farcloth owner shifts out its old vessel with a used craft or kidney build.
b) Farcloth owner buys or takes over the other way the vessel for continued operation.
c) Farcloth owner or owner of a different vessel specifies the equivalent of special permission.

The Ministry can provide the additiship of the farm ownership of new special permission after the first clause a for an undetermined replacement vessel if the vessel is fortualist in the last six months, or the vessel is scheduled to be sold without the owner has acquired new vessel.

The king may in regulation give closer regulations on assignment of special permission after the first clause and to the legend after other clause, herdunder about restrictions in the adhall to granting permission after the first clause and to give addisions after other clause, and whether Duration of the additale after other clause. The king can in single fisheries open for assignment of special permission in more cases than the following of the first clause.

0 Raised by law 31 May 2013 # 24 (ikr. 1 jan 2014 ifg. res. 31 May 2013 # 540), added by law 19 June 2015 # 78 (ikr. 1 July 2015 ifg. res. 19 June 2015 # 692).
SECTION 18. Waste and callbacks of a special permission

A special permit falls away if the ververvstigance of the vessel is dropping or recalled.

The provisions of Section 10 about the abduction of the ervervpermit and Section 11 about the return of the ervervpermit apply to the equivalent of special permission.

SECTION 19. Recall and containment of an entire group of special permits

The king can recall all special permissions given for a specific type of fishing or catch. The king can also refine all special permits for a specific type of fishing or catch to a narrow geographical area or to a smaller scope of types of fishing or catch than the permissions include.

Chapter IV. Honest limitations in fishing and catch m.v.

SECTION 20. Permission to fish in waters off Norway's economic zone

The Ministry may determine limitations in the participation or other regulatory measures for Norwegian vessels that run fishing in waters under other state's fisheries or in waters off some state fishing jurisdiction.

SECTION 21. Annual restrictions in the adhall to participate in some fisheries

When the envision of the resource administration, the deviation of the fishing or profitability of the fishing makes it necessary, the King at regulation can be effective for until one year at a time, determining provisions on terms of the adhall to participate in a specific fishing. It can theres face claims that the vessel owner, the vessel's driver or the earsman is registered in the fishing crews or claims of prior participation in the appropriate fishing. Further, it can be faced with professional and technical prerequisites, hernicity and equipment, and to eiers and manpower needs to be able to drive fishing. It can also be determined a maximum number of vessels to be granted access to the fishing.

Decisions determined after the first clause can be limited to specific color sizes, specific fish methods, specific geographical areas or in specific time periods. For the capture of kingrabbe, it can also be separated after where the vessel is registered.

In regulation, after the first clause that asks for prior participation in the appropriate fishing, the corresponding provisions may be given as in Section 17 first and other clauses.

Without the obstacle of regulations determined in co-clause of the first clause, people who are settled in the Finnmark, counties of Kåfjord, the island of Nordisen, Kfluids, and Storfjord and the areas of sea samic segment in the rest of the Trenms and Northern countries that The king determines, the right to fish cod, hyse and shai with conventional tools. The court after the first period only applies to the one in the fish's male number and owns a brand-registered vessel under 11 meters. The king can at regulation determine that the determination in the first period also applies to other fisheries.

0 Modified by laws 18 apr 2008 number 10, 21 sep 2012 # 66 (ikr. 1 jan 2013 ifg. res. 21 sep 2012 # 913), 19 June 2015 # 78 (ikr. 1 July 2015 ifg. res. 19 June 2015 # 692).

Chapter V. Registration and Marking of the vessel

SECTION 22. Registration of the vessel

Fwear as it is given ervervpermission for after Section 4 shall be admitted into a register of Norwegian fishing vessels. Registration cannot be made until the present is the residence permit.

The Ministry can provide regulations on which register should be conveyed over Norwegian fishing vessels, what information should be registered about the individual vessel as well as regulations on what information to be provided in the context of application for erverpermit and special permission. The Ministry can also determine the provisions of the administration of the records.

0 Modified by law 17 des 2004 # 88.
SECTION 23. Registration in the ship registry

Ftools to be enjoyed for ervervwise fishing or catch can not be registered in the ship registry, jf. law of 24. June 1994 No. 39 about the sea speed Section 11 flang., before there is the ververvpermit of the law here.

SECTION 24 Merking of the vessel

Ftools to be enjoyed for ervervwise fishing or catch should be marked as the ministry decides.

SECTION 25. Fee

The Ministry may decide that it should be paid a fee by the introduction of the brand registry and an annual charge as long as the vessel stands in the brand registry. The fee and tax are compulon for the outlay.

0 Modified by law 18 apr 2008 number 10.
SECTION 26 Deletion of the brand registry

Fwear is to be deleted in the brand registry by permanent or temporarily recalled or the abduction of the ervervstipermit.

Chapter VI. Sanctions m.v.

SECTION 27. Administrative attraction of the catch

If a vessel exceeds the scope of the per. trip determined in the individual permission, the merits of the merhaul or its value the sales organization that the first-hand statement has been added. This applies without regard to whether or not the relationship involves criminal liability.

The Ministry of Justice can at special regulation allow the ilandto be greater captive amounts per. trip than that permit gives access to.

The Promotion Organization is to give tasks over the delivered merhaul to the Fiskerian Directorate. Immitation after the first clause is determined by the Fiskerian Directorate that is conducting the estimation of the merhaul and its value.

0 Modified by law 31 May 2013 # 24 (ikr. 1 jan 2014 ifg. res. 31 May 2013 # 540).
SECTION 28. Overcharge Fee

By intentional or negligent violation of the provisions given in or in the co-hold of this Act, the violation of the violation fee may be allowed. By the violation of regulations given in the co-hold of this Act, it can only be illegation of the violation of the regulation when this goes forward by the regulation.

If someone acting on behalf of an enterprise has violated a provision given in or in the co-hold of this Act, the enterprise can illegation a violation fee. It applies even if no single person can illegation the violation fee.

The effective fee can be ilegges by fixed rates or is measured in each case. By determining the fee, it can sometimes be taken into account the profits or the potential profits that the person responsible has had at the violation, how severe the violation is and additional costs as control measures and the treatment of the case has co-led.

The king can in regulation give closer rules on determining the violation of the violation and provisions of the interest and additional fees if the violation fee is not paid at maturity.

Finally, the violation of the violation fee is the force basis for the issue of the issue. Overtime fees can also be required through the sales team at counter-bill in the scope of the prisoner stop. The courts can try the size of the fee.

0 Added by law 17 des 2004 # 88, modified by law 31 May 2013 # 24 (ikr. 1 jan 2014 ifg. res. 31 May 2013 # 540).
SECTION 29. Compulsive

To ensure that the rules granted in or in the co-hold of this law, or duty stipulation in the co-hold of this law, are met, it can be illegation.

The order of the donut is a running mulkt that runs from a particularly determined deadline for the fulfillment of a injunction, if this deadline has expired without the injunction being met. The Ministry of Justice can in very honest cases reduce or drop on incurred mulkt.

The king can in regulation give closer rules on determining, the completion and time of the period the foreclosure shall apply for, and regulations on interest and additional fees if the foreclosure is not paid at maturity.

Compulsive can be required through the sales team at counter-bill in the scope of the prisoner stop.

0 Added by law 17 des 2004 # 88, modified by law 31 May 2013 # 24 (ikr. 1 jan 2014 ifg. res. 31 May 2013 # 540).
SECTION 30. Transparency

The king can give closer regulations to the completion of this law.

0 Modified by law 17 des 2004 # 88, modified paragrafnumber from Section 28.
SECTION 31 Punishment

The act of intentional or negligent provision given in or in co-hold of Section 4, 5 a, 7 third clause, 9, 12, 15, 20, 21 and 24 are punishable by fines or imprisonment for up to one year.

Grounv violation of the regulations mentioned in the first clause, which has been made with gross negligence or with resolutions, can be punished with prison for up to six years. At the assessment of whether the violation is gross, it shall particularly be placed emphasis on whether the economic or potential economic value of the violation is great, if the violation has occurred systematically and over time, if the violation is of border overwhelming species, and whether the violation has occurred as clause of organized business.

When criminal liability after the first clause can be made current against the paternity driver for an act some of the crew on a vessel stands for, the child can only be punished if he has overlaid the determination of resolutions. At the decision of whether a child should be punished, it shall be especially taken into account the contraceptive impact of the punishment, where gross violation is, and whether the person has had or could have achieved benefit from the violation.

The vessel of the Farder can be passed in the parent of the employer on behalf of the employer. The employer can also be punished in the case as a rise against the paternity driver.

0 Changed by laws 17 des 2004 # 88, modified paragrafnumber from Section 29, 31 May 2013 # 24 (ikr. 1 jan 2014 ifg. res. 31 May 2013 # 540), 19 June 2015 # 65 (ikr. 1 oct 2015).
Section 31 a Penalty of the Strait of the

By violation of regulations mentioned in Section 31 first clause, capture can be pulled. The same applies to the tool, objects, or vessel that has been taken advantage of the Law violation. This applies without regard to who is the owner. Instead of the thing, the value can completely or partially be dragged with the culprit or that it has been acted on behalf of, or with the owner.

It can be determined that panteret and other rights in things that are revoked, completely or partially fall away. The provisions of the Criminal Code Section 74 apply accordingly.

When legal and illegal catch is mixed, the whole capture can be pulled.

0 Added by law 31 May 2013 # 24 (ikr. 1 jan 2014 ifg. res. 31 May 2013 # 540), modified by law 19 June 2015 # 65 (ikr. 1 oct 2015).

Chapter VII. Ipowertrecation and change in other laws

SECTION 32. Ipowertrecation m.v.
1. This law takes effect from the time 1 The king decides.
2. From the same time, the following promises :

Law of 16. June 1939 # 7 about the catch of whale

Law of 20. April 1951 about fishing with tral.

Law of 14. December 1951 # 1 about the catch of seal.

Law of 16. June 1972 No. 57 about the regulation of the participation in the fishing.

3. The regulation and ordinance determined in co-laws mentioned in the 2. In effect until something else is determined in the co-hold of the law here.
4. Decisions given in co-state of mid-size law of 29. June 1956 # 8 about the foreign-state court of fishing and prison costs, shall still apply until they repevement or dissolves of the provisions given in the co-hold of this law.
5. Law of 5. December 1917 # 1 about registration and marking of fishing vessels Section 1 and 2 repeables. Lovens Section 3 fg. applies until they are repeaking the King. 2
6. From the time the law here takes effect, the following changes are made in other laws :---
0 Modified by law 17 des 2004 # 88, changed paragrafnumber from Section 30.
1 The law went on ir. 1 jan 2000 ifg. res. 19 Nov 1999 # 1178.
2 From 1 jan 2013 ifg. Research. 7 des 2012 # 1144.