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 Norway has suverenerettigheter to snøkrabba

attorney general Lars Fause today with assistant regjeringsadvokat Tolle Stabell. Both prosederer the prosecution's points of view.

Initially, the switch Lars Fause stated that Norway has sovereign rights on the Norwegian continental shelf, also on the seabed. In addition, he claims that snøkrabbeforskriften have sufficient legal basis in Norwegian law and that the snøkrabba is to be regarded as a sedentær art.

ARREST: Fangstfartøyet "Senator" was taken in arrest outside of Smutthullet, but in an area located in fisheries protection at Svalbard and on the Norwegian continental shelf (ncs). Graphics: Kjell Erik Berg and Ola Strømman Show more

- No one can drive, hunting for snøkrabbe in the area in question without the explicit permission from the Norwegian authorities. The svalbard treaty does not apply in the area fiskefartøyet "Senator" ran capture. The one who trades without proper authorization, shall be punished, " says the Fause.

the shipping Company SIA North Star Ltd. from Latvia was in February last year, judged by the Hålogaland court of appeal to pay total of 1 350 000 nok to the Norwegian state in a fine, confiscation and legal fees, among other things, for violation of the marine resources act. The captain of the fangstfartøyet "Senator" was sentenced to pay a fine of 40 000.

Owner and chairman of the board Peteris Pildegovics in the company and the chief executive Kirill Levanidov in Seagourmet in Swansea follow the proceedings from the tilhørerplass.

FOLLOW ISSUE: Peter Pildegovics and Kirill Levanidov follow the case in the Supreme court from tilhørerbenken. Photo: Christian Roth Christensen/Dagbladet Show more

It is the first time in history that a higher court anywhere in the world to treat article 77 of the Un law of the sea convention, among other things, whether kyststatens sovereign rights over the continental shelf to explore and exploit its naturforekomster.

According to article 77 is resources exclusive and can not be utilized by anyone without the valid permission from the coastal state. About snøkrabba athlete or even swimmer, so, it is subject to kyststatens sovereign rights, " says Lars Fause.

the Origin of this criminal case started on Sunday 15. January 2017 when fangstfartøyet "Senator" went out from Båtsfjord harbour against krabbefiskefeltet at the central Bank, outside the so-called Smutthullet. It is located on the Norwegian continental shelf and within the fisheries protection at Svalbard.

the table

the coast Guard had "Senator" during a stir and a kystvaktskip went just after the out to the area where the "Senator" was.

16. January board coast Guard vessel from Latvia to implement the control. It turned out that the crew on board had set out a total 13 links with a total of 2594 pots for the capture of the attractive snøkrabba.

Proceedings in the Supreme court is bound to apply questions about snøkrabba is a sedentær art, whether it is a part of the seabed or not. This is regulated in the Havrettstraktatens article 77, and may be essential if Norway has an exclusive right to exploit it. In addition comes the question of the capture of snøkrabbe on the Norwegian continental shelf without a valid exemption is punishable, regardless of whether the svalbard treaty applies in the relevant area.

- Sedentær art

district attorney Lars Fause says that snøkrabba is to be regarded as a sedentær art and that it is in the stadium snøkrabba be caught, that applies to this case, i.e. that go there teinene be added. He also shows that the EUROPEAN union has defined snøkrabbe as a sedentær art.

- the shipping Company is from Latvia and in fiskerisammenheng represents the EUROPEAN union also Latvia, " says the Fause, which, incidentally, refers to the extensive state practice that snøkrabba is defined as a sedentær art.

The same notion was current in the preparatory works to the Havrettskonvensjonen of 1958.

Assistant regjeringsadvokat Tolle Stabell says in his procedure that the prosecution's view is that the defendant can be punished, regardless of the interpretation of the svalbard treaty.

- The sentenced has not applied for an exemption from the Snøkrabbeforskriften. The svalbard treaty gives the right to equal treatment, but not the right to drive, hunting for snøkrabbe. It is not disputed that the Norwegian authorities can prohibit or restrict harvesting after snøkrabbe, " says Stabell.

- Attacks the Norwegian position

He refers to those who are seeking for exemptions for whaling, can get permission or denial.

Krabbekrigen Dagbladet has in a series of articles uncovered the widespread social dumping and possible human trafficking and in Latvian, Lithuanian and Russian boats that came to Norway to fish snøkrabbe. Many norwegians have earned good money in the business, based on slavekontrakter in conflict with the Eu's minimum requirements. Read all the stuff here!

- the Person who is refused permission can take the decision to the courts. The company has in this case not applied for permission. They try instead to attack the Norwegian position through a criminal case.

Snøkrabbefangst has been regulated by a general ban since 1. January 2015, but it is provided the opening for the permission through a dispensasjonsordning. A justification for this scheme is that snøkrabbe is a new species in the Barents sea and that it is important for the Norwegian authorities to have the opportunity to monitor the development and taxation of the population. From 2017, it is given limited quotas.

A company applying for the permit must have the operating permit in Norway. It had not SINCE the North Star Ltd. for the vessel "Senator".

Tolle Stabell states that there are no international rights norm prohibiting Norway to punish those sentenced in this case.

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