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Svalbard Treaty

The Senator Case – A new turn in Norway’s dealings with foreign vessels operating in the waters off Svalbard

By: Tore Henriksen

PDF version: https://site.uit.no/jclos/files/2019/02/JCLOS-BLOG_28.2.2019_The-Senator-Case.pdf

Decision commented on: Judgment of Grand Chamber of the Norwegian Supreme Court in criminal proceedings (HR.2019-282S) A and SIA North Star vs. Prosecuting Authority

On 14 February 2019, the Supreme Court of Norway gave judgement in the Senator case, dismissing the appeals of the owner and the master of the Senator, a Latvian flagged fishing vessel. In the Courts of Appeal, the owner and master had been found guilty of violating the 2014 Regulation on prohibition on harvest of snow crabs (Snow crab regulation) through activities on the Norwegian continental shelf within the 200 nautical miles Fisheries Protection Zone (FPZ) off the archipelago of Svalbard. The vessel owner was fined NOK 150.000 and had to bear a confiscation of NOK 1.000.000. The master was fined NOK 40.000.

The Senator case adds to several criminal cases before the Supreme Court since the 1990s – see the Kiel case in a previous blog by Irene Dahl – where the defendants (owners of fishing vessels and masters) have disputed the charges of violating fisheries regulations in the 200 nautical miles Fisheries Protection Zone. They have argued that the regulations were not applicable as they were inconsistent with the non-discrimination obligation of Norway under the 1920 Treaty concerning Spitsbergen (Svalbard Treaty). In its decisions, the Supreme Court has avoided deciding whether this and other obligations are applicable in the maritime zones beyond the 12 nautical miles territorial sea. The Senator case is somewhat different from the previous cases as it concerned violation of a regulation prohibiting the harvest of snow crab, defined by Norway as a sedentary species. Sedentary species and hydrocarbon resources are part of the continental shelf regime of the law of the sea, cf. Law of the Sea Convention (LOSC), Article 77. A judgment in the Senator case addressing the relationship between the Snow crab regulation and the Svalbard Treaty could potentially have implications for the management of the hydro­carbon resources of the continental shelf off Svalbard. This relates to both the obligation under the Svalbard Treaty articles 2 and 3 not to discriminate between the subjects of the contracting parties and the restrictions on taxation under article 8.

Categories
Svalbard Treaty

The Norwegian snow crab regime and foreign vessels – a commentary on the Juras Vilkas decision of the Øst-Finnmark District Court

By: Irene Dahl and Elise Johansen

PDF Version: The Norwegian snow crab regime and foreign vessels – a commentary on the Juras Vilkas decision of the Øst-Finnmark District Court

Decision Commented On: Acquittal pronounced by the District Court of Øst-Finnmark 24.01.2017. Case: 16-127201MED-OSFI.

The Latvian vessel Juras Vilkas, owned by the shipping company Arctic Fishing, was licensed by the Latvian Ministry of Agriculture to catch snow crab on the Norwegian side of the delimitation line in the high seas area (the Loop Hole) of the Barents Sea. The license was granted pursuant to a letter from the EU Commission of 22 December 2016, authorizing licenses for 16 vessels to fish snow crab in the Barents Sea under the terms of the Convention on Future Multilateral Cooperation in North-East Atlantic Fisheries (NEAFC Convention). In the period 16 May – 25 July 2016 the captain of Juras Vilkas caught 80,340 kilos of snow crab (worth NOK 2 500 000) on the Norwegian continental shelf in the Loop Hole. The captain was prosecuted for violation of the Norwegian prohibition on snow crab catching and fined NOK 18 000. The shipping company was subject to a confiscation order of NOK 2 500 000 (the catch value). In the Decision of the District Court of Øst-Finnmark on 24 January 2017, both the captain and the company were acquitted on the grounds that the NEAFC Convention prevails over the Norwegian prohibition against catching snow crab on the Norwegian continental shelf.

This blog post provides an introduction to the Norwegian snow crab regime and analyzes the Court’s decision.

Categories
Fisheries Svalbard Treaty

Norwegian by-catch regulations are not discriminatory

By: Irene Dahl

PDF Version: Norwegian by-catch regulations are not discriminatory

Case commented on: The Kiel case

http://lovdata.no/dokument/HRSTR/avgjorelse/hr-2014-577-a

On March 21, 2014 the Supreme Court of Norway gave judgement in the Kiel case. The background to the case is discussed in Prof Henriksen’s post here. As stressed in that post, the case may have consequences for the management of the natural resources of the Norwegian High North. The case concerns the legality of imposing fines and confiscations on the master and owner (the accused) of a German flagged vessel for violating by-catch regulations for haddock within the 200 nautical miles Fisheries Protection Zone (FPZ) established off Svalbard. The accused sought an acquittal on the basis that the regulation violates the Svalbard treaty.

Categories
Fisheries Svalbard Treaty

Norwegian by-catch regulations alleged to violate the Svalbard Treaty

By: Tore Henriksen

PDF Version: Norwegian by-catch regulations alleged to violate the Svalbard Treaty

Matter commented on: The Kiel case

On March 11 and 12, 2014 the Supreme Court of Norway heard a case that may have consequences for the management of the natural resources of the Norwegian High North. The case concerns the legality of imposing fines and confiscations on the master and owner (defendants) of a German flagged vessel for violating by-catch regulations for haddock within the 200 nautical miles Fisheries Protection Zone established off Svalbard. The defendants seek an acquittal on the basis that the regulation violates the Svalbard treaty. Within a couple of weeks we will know the answer.