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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Read the untranslated law here: https://lovdata.no/dokument/NL/lov/1999-03-26-15

Law on the right to participate in fishing and hunting (Participation Act).


Date LOV-1999-03-26-15


Ministry of Industry and Ministry of Fisheries

Edited

LOV-2015-06-19-78 from 07.01.2015, LOV-2015-06-19-65 from 10/01/2015

Published



Commencement 01.01.2000

Changes
LOV-1917-12-05-1

Promulgated


Short Title
Participation Act - deltl.

Chapter Overview:

Chapter I. Purpose and scope (§§ 1-3)
Chapter II. Acquisition Permit (§§ 4-11)
Chapter III. Special permission (§§ 12-19)
Chapter IV. Special limitations in fishing, etc. (§§ 20-21)
Chapter V. Registration and marking of vessels (§§ 22-26)
Chapter VI. Sanctions, etc. (§§ 27-31 a)
Chapter VII. Entry into force and amendments to other laws (§32)

Ref. former lover 5 Dec 1917 no. 1, June 16, 1939 no. 7, April 20, 1951, 14 Dec 1951 no. 1, June 16, 1972 no. 57.

Chapter I. Purpose and scope

§ 1. Purpose The purpose of this law is:

A.
Adapting fishing fleet's catch capacity to the resources available to ensure rational and sustainable exploitation of marine resources,

B.
Increasing profitability and value creation in the industry and through this safe housing and employment in coastal areas, and

C.
To facilitate the harvesting of marine resources still to come coastal population.

§ 1 a. Relationship to international law Act shall be applied in accordance with international law of indigenous peoples and minorities.

§ 2. Scope The Act regulates the right to engage in commercial fisheries and fishing and other harvesting of wild marine resources with vessel Norwegian pursuant to the Maritime Code §§ 1 to 4 and vessels owned by a foreigner residing in Norway when the vessel's length is less than 15 meters. Vessels Norwegian by Maritime Act § 1, third paragraph, are nevertheless not covered by this Act, unless the vessel is owned by a person resident in Norway and the vessel's length is less than 15 meters. As Norwegian vessels calculated in Act vessels covered by the first and second sentences.
Act does not apply harvesting of anadromous salmonids as defined in Law 15 May 1992 No.. 47 on salmonids and freshwater fish, etc. § 5 subparagraph a. The Ministry may in regulations provide that all or part of this Act shall not apply to the harvest of one or more species that are not fish, crustaceans, molluscs or marine mammals.

§ 3. Commercial fishing and hunting - definition With commercial fishing and trapping means in this law all harvesting of wild marine resources when competent practitioner has this occupation alone or together with other industries and the vessels used.
Scientific studies or practical fishing trials conducted with the permission of the Directorate of Fisheries, ref. Law on the management of wild living marine resources § 66, is not regarded as commercial fisheries and fishing under this Act.
The King may issue further provisions concerning when fishing and hunting shall be deemed to be commercial, including rules concerning the income earned by fishing and hunting.

Chapter II. Acquisition Permit

§ 4. Requirements for an acquisition permit An aircraft can not be used for commercial fishing or hunting without it being given an acquisition permit from the Ministry. May be laid down for such permission.
Acquisition permit granted to the vessel owner for a specific vessel. The permit does not entitled to use another vessel. Other than the natural or legal person holding the license can not be without their permission to fish or hunt with the vessel.
An acquisition permit only gives the right to practice fishing or hunting in accordance with the provisions at any time is determined by or pursuant to the law on the management of wild living marine resources or this Act.

§ 5. Nationality Requirements Acquisition Permit may be granted only to the person who is a Norwegian citizen or equal to a Norwegian citizen. As equivalent to a Norwegian citizen is considered a foreigner living in Norway. Immigration resident in Norway can only be awarded to commercial permit when the vessel's length is less than 15 meters.
The following companies and associations are considered as equivalent to a Norwegian citizen:

A.
Limited company and another company with limited liability when the company headquarters and the board seat is in Norway, when the board majority, including the chairman, consisting of Norwegian nationals who reside in Norway and have lived here for the last two years, and when Norwegian nationals own shares or shares corresponding to at least 6/10 of the share capital and may exercise voting rights in the company with at least 6/10 of the votes.

B.
Shipping partnership or other Norwegian company when its members have unlimited liability for the obligations, and when Norwegian nationals are shareholders of at least 6/10.


C.
Limited partnership when Norwegian citizens own at least 6/10 of the capital base, and when Norwegian citizens own at least 6/10 of the partnership capital.

For the purposes of this section shall be identical to the one owned by Norwegian citizens, it is considered owned by the Norwegian government, institution or fund managed by the Norwegian Government and Norwegian municipalities.

§ 5 a. Requirements for residency is prohibited from vessel for commercial fishing or hunting if at least half the crew and lott fishermen and boat driver is a resident of a coastal municipality or in a neighboring municipality to the coastal municipality. The requirement for fartøyførers residence does not apply if the vessel also causes the aircraft's owner. It may be given dispensation from the residency requirement for vessels leading domiciled elsewhere in Norway, or in Nordic countries or the European Economic Area as a whole.
King may by regulations make exceptions to the prohibition in the first paragraph of vessels used for commercial fishing or hunting in waters that are outside of Norwegian or another country's national jurisdiction, which is regulated by international organizations or agreements to which Norway is party to and which gives Norway access to fishing and hunting.
The requirement in subsection does not apply to the extent that it is authorized to exempt from subsection pursuant to Act 17 June 1966 No.. 19 prohibiting foreigners fishing etc in Norway's territorial waters § 4.

§ 6. Requirements for the former activity in fishing or hunting Acquisition Permit may be granted only to those who have driven commercial fishing or hunting or with Norwegian vessels in at least three of the last five years and is still linked to fishing profession.
For a company or association, the transferee may only be granted if the persons meeting the requirement in subsection holds more than 50 pct. Of the interests and actually have similar control over the business.
Ministry may in particular cases, when commercial and regional interest, by individual decision grant exemptions in subsections about previous activity in fishing or hunting. The King may by regulations make exceptions from the requirement of prior activity, including for vessels under a certain size.
When it is necessary for the implementation of agreements with foreign states, the King may by regulations lay down further rules, including rules other than those laid down in the first paragraph for a permit under § 4.

§ 7. Specific provisions regarding the acquisition permit application for an acquisition permit may be refused if:

A.
Granting is not desirable in the interests of the fishing fleet district-related distribution, consideration of the resource base or legislative intent otherwise. The King may issue further rules on when an application for an acquisition permit may be refused.

B.
Vessel previously removed from the fishery in pursuance of a kondemnerings- or structural arrangement or similar arrangement.

C.
Vessel owner or anyone who has driven a vessel on the vessel owner's behalf, grossly or repeatedly violated the provisions made in or pursuant to this Act or other fisheries legislation.

When a vessel shall be taken over by inheritance under the provisions of law on 3 March 1972. 5 of inheritance mm Chapter I or II, the new owner is given temporary permission to acquire up to five years until the activity requirement in § 6 subsection are met. Such temporary acquisition permit may also be granted by the transfer of the vessel as part of the generational change in favor of people who can inherit according to the Inheritance Act, Chapter I. The surviving spouse in undivided estate, ref. Inheritance Act, Chapter III, may be given an unlimited acquisition permit as long as the undivided property consists.
King may issue more detailed regulations on the allocation of permits for the acquisition of vessels in the cases mentioned in the second paragraph by foreclosures and bankruptcy, and the procedure of forced sale of fishing vessels where there is an acquisition permit attached to vessels. Companies and associations covered by finansieringsvirksomhetsloven1 § 1-4, first paragraph and has the right to provide financial services in Norway, may pursuant to such regulations be awarded temporary acquisition permit the sale or bankruptcy without regard to § 5

§ 8. Requirements for Vessels Acquisition Permission shall be granted if the vessel is not equipped for or suitable for fishing or hunting. The King may issue rules concerning the vessel, including rules that vessel can not be entered in the register of Norwegian fishing vessels if it does not meet the requirements of the maritime authorities or other authorities.

§ 9. Transfer of shares, ownership etc. Share or party to the company or association directly or indirectly own brand registered vessel must not be transferred to another owner without the Ministry has given permission for the change in the ownership structure.

The King may issue regulations concerning the duty to report own changes. When it is introduced such notification, do not apply the prohibition on the transfer before it is authorized. The rules concerning the reporting requirement may still contain a prohibition against the transfer before a certain deadline after the message is sent.

§ 10 Lapse of an acquisition permit An acquisition permit lapses when the owner loses title to the vessel, including the forced sale, condemnation and loss.

§ 11. Revocation of permits for An acquisition permit shall be revoked when the vessel owner

A.
No longer meets the requirements of § 5,

B.
Not driven commercial fishing or hunting for at least three of the last five years or with Norwegian vessels nor relate to fishing profession.

An acquisition permit may be revoked if:

A.
Vessel has not been used in commercial fishing or hunting a specified time set by the ministry in regulations or transferee permit,

B.
Vessel or vessel owner no longer fulfills the conditions laid down in or pursuant to this Act,

C.
Assumptions permit is based on has changed significantly,

D.
Vessel owner has deliberately given false information or withheld of significance for the decision to grant such permission,

E.
Vessel owner or others who have driven vessel, grossly or repeatedly violated the provisions made in or pursuant to this Act or other fisheries legislation, or

F.
Access to revocation follows from general administrative law.

In less severe cases, the Ministry may decide that an acquisition permit shall be revoked for a specified period.
King may issue supplementary rules for revocation of licenses.

Chapter III. Special permission

§ 12. Requirements for special permission to certain types of fishing and hunting No need without special permission from fishing vessel for commercial fishing and trapping. May be laid down for such a permit. The provisions of §§ 7 and 8 apply correspondingly for granting special permission.
The King may issue further regulations on what is regarded as fishing vessels and establish requirements for special permission to use other vessels than fishing vessels for commercial fishing and trapping.
King may issue regulations establishing procedures for the allocation of special permits.

§ 13. Relationship to commercial permit acquisition permit must be present for the special permit can be issued.

§ 14. Exemption from the special permission King may by regulations make exceptions from the requirement of a special permit for vessels under a certain size, and fishing and hunting for specific species, with specific tools or in specific areas.

§ 15. The scope of a special permit A special permit pursuant to § 12 is given to the vessel owner for a specific vessel. The permit does not entitled to use another vessel. Other than the natural or legal person holding the license can not be without their permission to fish or hunt with the vessel.
§ 4, third paragraph, and § 7 subsection applies correspondingly for special permits.

§ 16. Assigning new special permits for certain types of fishing and hunting When the ministry by an assessment from legislative intent find that the total number of special permits to a form of fishing or hunting will be increased, and that the Ministry therefore shall make allocation of new licenses, the Ministry shall make a special decision that such allocation shall be made. New licenses shall be announced publicly.
When there are special reasons, the granting of a new permit to happen without public announcement.
Award under subsection shall be made after an overall assessment of the applicants from the statutory purposes, including rules issued pursuant to § 12 subsection.

§ 17. Grant of special permission to substitute for similar special permit Ministry may in the following cases grant special permission to vessel owner for a specific vessel to replace similar special permit given:

A)
Vessel Owner replacing their old vessels with a used vessel or settlers.

B)
Vessel Owner buys or acquires otherwise vessel for continued operation.

C)
Vessel Owner or owner of another vessel provide corresponding special permit.

Ministry may issue grants to vessel owner on the allocation of new special permit pursuant to subsection A for an indefinite replacement vessel if the vessel is wrecked during the last six months, or vessel scheduled to be sold without the owner has acquired new vessels.

The King may issue further provisions on the granting of a special permit under subsection and commitments under the second paragraph, including the restrictions on the right to grant authorization pursuant to subsection and may consent under subsection, and the duration of commitments by other joint. The King may in individual fisheries open for granting special permission in more cases than what follows from the first paragraph.

§ 18 Expiration and revocation of a special permit A special permit lapses if the acquisition permit for the vessel lapses or is withdrawn.
The provisions of § 10 on lapse of permits for and § 11 on revocation of permits for apply correspondingly to special permission.

§ 19. Withdrawal and refinement of a whole group of special permissions King may revoke any special permits granted for a specific type of fishing or hunting. The King may also refine all special permits for a particular type of fishing or hunting for a narrower geographical area or to a lesser extent the types of fishing and hunting licenses than covers.

Chapter IV. Special limitations in fishing etc.

§ 20. Permission to fish in waters outside the Economic Zone Ministry may impose restrictions in participation or other regulatory measures for Norwegian vessels engaged in fishing in waters under other states' fisheries jurisdiction or in waters outside of any state fisheries jurisdiction.

§ 21. Annual limitations on the right to participate in some fisheries When consideration of resource management, the termination of the fishery or the profitability of the fishery makes it necessary, the King may by regulations effective for up to one year at a time, lay down rules on conditions the right to participate in a particular fishing. The vessel may be a requirement to vessel owner, vessel master or captain is registered fishermen or the requirement of prior participation in the fishery. Furthermore, there are requirements for professional and technical assumptions, including vessels and equipment, and the owner and crew needs to be able to engage in fishing. It can also set a maximum number of vessels to be given access to the fishery.
Provisions laid down by the first paragraph may be limited to specific vessel sizes, specific fishing practices, specific geographic areas or at certain times. For catches of crab can also be distinguished by where the vessel is registered.
Regulations under subsection that requires prior participation in the fishery may be eligible for corresponding provisions in § 17 subsections.
Notwithstanding the provisions made pursuant to the first paragraph, persons who are residents of Finnmark, municipalities Kåfjord, Skjervøy, Nordreisa, Kvænangen, Karlsøy, Lyngen and Storfjord and the areas with coastal Sami fixture in the rest of Troms and Nordland prescribed by the King , the right to fish for cod, haddock and saithe with conventional tools. The right under the first sentence applies only to the one in fishermen and own a mark registered vessels under 11 meters. The King may by regulations provide that the provision in the first sentence also applies to other fisheries.

Chapter V. Registration and marking of vessels

§ 22. Registration of Vessels Vessels have been granted permission to acquire for under § 4 shall be entered in a registry of Norwegian fishing vessels. Registration can be made before there is an acquisition permit.
Ministry may issue regulations about the registry to be passed over Norwegian fishing vessel, the information to be recorded about each vessel as well as provisions regarding the information to be provided in connection with an application for an acquisition permit and authorization. The ministry may also lay down rules on the administration of registers.

§ 23. Registration in the Register of Ships Vessels to be used for commercial fishing or hunting, can not be registered in the ship register, cf. Act of 24 June 1994 no. 39 on shipping §§ 11 et seq., Until there is an acquisition permit under the Act here.

§ 24. Marking of vessels Vessels to be used for commercial fishing or hunting, shall be labeled as Ministry.

§ 25. Fee Ministry may decide that the payment of fees by introducing the brand registry and an annual fee while the vessel is in the brand register. The fee and the fee is enforceable by execution.

§ 26. Striking with the Register Vessels shall be deleted with the Register of permanent or temporary revocation or termination of the acquisition permit.

Chapter VI. Sanctions, etc.


§ 27. Administrative forfeiture of catch If a vessel exceeds the allowable catch per. trip as stipulated in individual permits will devolve excess catch or its value the sales organization first-hand sales are added. This applies irrespective of whether the relationship entails criminal liability.
Ministry may by special regulations allow it landed bigger catches per. trip than the license giving access to.
The sales organization must submit assignments handed excess catch to Fisheries. Confiscation under subsection decided by the Directorate of Fisheries performs the calculation of excess catch and its value.

§ 28. Violation charges of willful or negligent violation of provisions made in or pursuant to this Act, may be subject to fines. In case of violation of regulations issued pursuant to this law, it can only be imposed violation charges when this emerges from the regulation.
If anyone acting on behalf of an entity has violated a provision contained in or pursuant to this Act, the entity may be imposed a fine. This applies even if no individual can be subject to administrative fines.
Administrative fines may be imposed on fixed rates or metered in each case. In establishing the fee may be among those taken into account profits or the potential profits that the person responsible has made from the infringement, the seriousness of the offense and additional costs control measures and consideration of this matter has caused.
The King may issue regulations laying down administrative fines and provisions relating to interest rates and extra fees if the violation fine is not paid when due.
Final decision on administrative penalties are enforceable by execution. Violation charges may also be requested through sales made by offsetting the catch settlement. The courts can try the size of the fee.

§ 29. Coercive fines To ensure that the rules laid down in or pursuant to this Act, or obligation issued pursuant to this Act are met, it may be imposed.
The fine is a continuous fine that goes from a set deadline for fulfillment of an order, if this deadline has expired without the order is fulfilled. The Ministry may in special cases reduce or waive fines.
The King may issue further regulations on the determination, execution and time enforcement penalty shall apply, and provisions relating to interest rates and extra fees if the coercive fine is not paid when due.
Coercive fine may be collected through sales made by offsetting the catch settlement.

§ 30. Implementation King may issue further regulations to implement this law.

§ 31. Penalties who willfully or negligently violates provisions made in or pursuant to §§ 4, 5a, 7, third paragraph, 9, 12, 15, 20, 21 and 24 is punishable by fines or imprisonment for up to one year.
Rough violation of the provisions mentioned in the first paragraph, which is made with gross negligence or willful misconduct, punishable by imprisonment of up to six years. In assessing whether the offense is gross, particular attention should be paid to whether economic or potential economic value of the violation is big, whether the violation was systematic and over time, if the offense is transnational in nature, and whether the offense occurred as part of organized activities.
When criminal liability under subsection may be asserted against the master of an action some of the crew of a vessel stands for, can the child be punished only if he has violated the provision with intent. In deciding whether a child should be punished, should take particular account of the deterrent effect of punishment gravity of the infringement, and whether they have had or could have obtained advantage by the offense.
Vessel may accept writs on behalf of the principal. The client can also be punished in criminal proceedings against the master.

§ 31a. To criminal forfeiture case of violation of the provisions referred to in § 31 first paragraph may catch confiscated. The same applies to accessories, objects or vessels used in the offense. This applies irrespective of who the owner is. In lieu of the value may fully or partially withdrawn from the offender or the person is acting on behalf of, or with the owner.
It may be determined that a lien or other rights to things being revoked, completely or partially eliminated. The provisions of the Penal Code § 74 shall apply accordingly.
When lawful and unlawful catches have been mixed together, the entire catch confiscated.

Chapter VII. Entry into force and amendments to other laws

§ 32. Commencement etc.
1.
This Act shall come into force from the tid1 King.

2.
From the same date the following laws:

Law of 16 June 1939 no. 7 on whaling.

Act of 20 April 1951 relating to trawling.
Act of 14 December 1951 No.. 1 about hunting for seals.
Law of 16 June 1972. 57 on the regulation of entry into the fishery.

3.
Regulations and decisions made pursuant to the laws referred to in paragraph. 2, shall apply until otherwise determined pursuant to this Act.

4.
Regulations issued pursuant to the temporary law of 29 June 1956 no. 8 on the property of the fishing vessels, shall continue to apply until they are repealed or superseded by provisions issued under this Act.

5.
Act of 5 December 1917 No.. 1 for registration and marking of fishing vessels §§ 1 and 2 shall be repealed. Act §§ 3 ff. Apply until repealed by Kongen.2

6.
From the time this Act comes into force, the following amendments to other Acts - - -