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11 judges will decide who has the right to snøkrabba

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 are back in the Supreme court and follow the proceedings from the tilhørerplass. They hope the court will be acquitted the company.

the Company's attorney Hallvard capital economics appealed the judgment to the Supreme court. The case was for the treatment of the Supreme court in October of last year, but after that the negotiations had been completed came the court that the entire case must be treated again. This time the negotiations take place in storkammer with 11 judges.

DELICACY: Snøkrabbe from the Barents sea is regarded as a delicacy that fishery companies from several countries want to drive catch on. Photo: institute Of marine research 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.

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, northeast of the so-called Smutthullet. It is located within the Norwegian 200 mile economic zone and within the so-called fisheries protection around 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.

In October 2018 was the negotiations in the Supreme court delineated to include 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.

The same is the theme of the talks this week.

Lawyer Hallvard capital economics claims in the Supreme court that snøkrabba not a sedentær art after havrettstraktatens article 77, no.. 4.

PROSEDERER: defense attorney George capital economics prosederer that snøkrabba not a sedentær art and thus not to be regarded as a part of the continental shelf. Photo: Christian Roth Christensen/Dagbladet Show more

- My claim is that snøkrabba not a sedentær art. Thus is it also not a part of the continental shelf, and are therefore not regulated by the Norwegian regulation on the prohibition of the capture of snøkrabbe. Then nor can the defendant be punished , says capital economics.

He explains this with the fact that a crab is not stationary on the seabed as corals, sponges and oysters.

- Snøkrabba can use their feet to lift themselves up from the ocean floor and then drop down. Go can crawl on the outside of a teine and they can creep up on each other so that each is in contact with the bottom. Likewise, go climb up on a rock and fall down. In the time it takes, it will be in the movement without having to have constant physical contact with the seabed, " explains capital economics.

- Have the right to fish

He also refers to the Russian research, which has determines that the go can move over large areas between the Norwegian and Russian continental shelf or economic zone. Purely linguistic means sedentær that a species live in the same place all your life.

If the Supreme court concludes that the snøkrabba not a sedentær art, the shipping company and the Russian commander could be acquitted.

The second question the Supreme court must decide is whether the capture of snøkrabbe on the Norwegian continental shelf (ncs) is punishable when the vessel does not have a valid exemption from the prohibition, regardless of whether or not the regulation on the prohibition of the capture of snøkrabbe, or the practice of it, contrary to the principle of equal treatment.

Advokat Hallvard capital economics stressing in court that the company has the right to fish snøkrabbe and that the right cannot be restricted on the basis of nationality. He refers to the principle of equal treatment in the svalbard treaty, and allege that a state cannot invoke its national law as a defense for breaking the international law principles.

< p> Prosecutors are reinforced

capital economics concluded today's proceedings with the claim that snøkrabba not sedentær and therefore not part of the continental shelf, that snøkrabbeforskriften not apply in the fisheries protection and that the shipowner and the captain shall be acquitted.

Prosecutors, this time reinforced by the deputy regjeringsadvokat Tolle Stabell. He should prosedere the second question while the attorney general Lars Fause to prosedere the first question about sedentær art.

the Proceedings continue with aktoratets procedures on Wednesday and Thursday. The negotiations in storkammeret is chaired by the justitiarius Toril Marie Closely.

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 →
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