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Regulations For Harvesting Seaweed

Original Language Title: Forskrift om høsting av tang og tare

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Regulations for harvesting of seaweed


Date FOR 1995-07-13-642


Ministry of Industry and Ministry of Fisheries


Published Dept. In 1995 928


Commencement 07/13/1995

Edited

FOR 2013-03-15-284 from 1 July 2013

Changes
FOR 1988-03-04-217

For
Norway

Legal

LOV-2008-06-06-37-§16 LOV-2008-06-06-37-§36

Promulgated


Short Title
Regulations for harvesting of seaweed

Adopted by Royal Decree. 13 July 1995 pursuant to the Act on 6 June 2008 no. 37 on the management of wild living marine resources (Marine Resources Act) § 16 and § 36. Promoted by the Ministry of Fisheries (now Fisheries and Coastal Affairs).
Changes: Amended by regulations 26 November 2004 No.. 1526, 18 Dec 2008 no. 1535, January 14, 2011 No.. 52, March 15, 2013 no. 284.

§ 1. Scope These regulations apply to examination and harvesting of seaweed in Norwegian internal waters, Norwegian sea territory and the Economic Zone.
The regulation does not apply to areas under private ownership.
It is prohibited to harvest seaweed in waters deeper than 20 meters.

§ 2. Purpose purpose of these regulations is to ensure sustainable utilization of seaweeds as part of an integrated management of coastal resources and the environment.

§ 3. Definitions Open field is the harvest areas have been designated for the harvest of seaweed in the management plan for seaweed. Open fields harvested after stipulated harvest cycle.
Locked areas are defined areas within open field where it still shall be prohibited to harvest seaweed in all or part of the year.
Sustainable use is a use that will produce economic growth and better living conditions for people without destroying neither natural resources, environment or future generations to fulfill their needs.
Suitable for harvesting means that the resource and ecosystem in a field can withstand the strain harvesting means.

§ 4. The right to harvest seaweed right to harvest seaweed belongs to the state.
Harvesting seaweed in internal Norwegian waters, the Norwegian territorial waters and the continental shelf are prohibited unless in accordance with this Regulation granted for exploration and exploitation of seaweed deposits in specific areas.

§ 5. Regional Regulatory Directorate of Fisheries may establish regional regulations on where and when it is permitted to harvest seaweed in each region. Regulatory Proposals drawn up by county groups led by the county.
Directorate of Fisheries may, in consultation with the Environment Agency, open for harvesting seaweed for up to 5 years at a time if it is likely that the resource and ecosystem of the area can withstand the strain harvesting means.
Harvesting may only occur within the open field and under the conditions specified in these regulations, the regional regulations and management plan for seaweed.
All or part of the open field can be closed before five years have elapsed if some of the assumptions permit based on lapses.
Directorate of Fisheries may also lay down provisions for a permanent ban on the harvesting of seaweed in specific areas.

§ 6. Opening new fields Whoever wants to harvest seaweed in fields other than those that are open in accordance with § 5 can apply Fisheries for permission to examine whether a field is suitable for harvesting cf. § 7. It incumbent seeks to document whether the field is suitable for harvesting.

§ 7. Permission for research and survey Directorate of Fisheries may allow harvesting in areas other than those opened in pursuance of Regulations § 5. Authorisation may only be granted for research or investigation of whether a site is suitable for harvesting. Such permission may be granted to a specific person, company or institution.

§ 8. Provisions on the harvesting implements Directorate of Fisheries may make regulations regarding the tool that can be used for harvesting seaweed and regulate the use of machinery.

§ 9. Registration obligation Nobody can operate harvesting seaweed with trawl or other mechanical vehicle without having registered their vessels in the Fisheries register of vessels for seaweed harvesting.
When replacing the vessel shall be notified to the Directorate of Fisheries.

§ 10. Notification requirements and implementation no later than one month before the harvest starts, the vessel's owner responsible for notifying the Directorate of Fisheries' regional office about which fields are harvested, scheduled time for harvesting, including the planned date of commencement and completion of harvesting . Region Director notifies further Fylkesmannen ongoing about this.

Vessel skipper has the responsibility to notify the Directorate of Fisheries' regional office at least one week before harvest on an open field commence and the date harvest on an open field ends. When harvesting takes place on an open field should as far as possible run continuously until it is finished harvested. Interrupt reported to the Directorate of Fisheries' regional office.

§ 11. Reporting of harvest volume, control etc. It shall be kept logbook when harvested seaweed. The catch logbook shall contain the indication of the date, autumn place and quantity. Fisheries may require logbooks submitted.
Shall be given an annual report to the Directorate of Fisheries amount harvested each autumn field.
Directorate of Fisheries may by regulations lay down rules on reporting other matters of importance for the management of seaweed resource and establishing detailed rules concerning the implementation by subsections.

§ 12. Fishing in the fall areas fishing may be operated within the fields opened for harvesting seaweed to the extent that it does not come at the expense of seaweed fall forwards.
Fisheries may issue further regulations, including orders for the sake of seasonal fishing.

§ 13. Lost fishing gear etc. If fishing gear damaged as a result of harvesting of seaweed, or if the exercise of harvesting localized lost fishing gear, duties harvest to notify the Directorate of Fisheries' regional office.

§ 14. Duty of care Kelp trawling shall be exercised with due care to avoid damage to cultural heritage.
By discovery of possible heritage must trawl activity interrupted.
Harvester obliged immediately to notify either the nearest police station, the nearest maritime museum (ships discovery) or county's cultural heritage sector (other archaeological discoveries), and the Directorate of Fisheries specifying the precise location of the discovery.
Obligation discovery of cultural heritage is statutory acc. Cultural Heritage Act § 8, second paragraph, § 13, second paragraph and § 14 third paragraph.

§ 15. Authorisation of Fisheries and Coastal Affairs may amend these regulations and lay down more detailed provisions necessary for achieving a rational and appropriate exercise and implementation of harvesting.

§ 16. Penalties who willfully or negligently violates provisions made in or pursuant to these regulations is punishable under § 4 of the Act of 21 June 1963. 12 relating to scientific research and exploration for and exploitation of subsea natural resources than petroleum resources and in accordance with § 53 of the Act of 3 June 1983 no. 40 water fisheries, etc.

§ 17. Entry into force These regulations enter into force immediately.