Regulations relating to compensation to fishermen for lost fishing time at the location, recording and bringing ashore of scrap that is not derived from petroleum activities

Stipulated by Royal Decree of 19 June 2009 pursuant to Act of 29 November 1996 No. 72.

Contents


Section 1
Scope and definitions

The present regulations apply to state compensation to Norwegian fishermen for fishing time lost in connection with localization, recovery and transportation to shore of litter which does not originate from the petroleum activities.

The term "Norwegian fishermen" in the present regulations means persons registered in the registration list of fishermen and owners of vessels listed in the registry of Norwegian fishing vessels subject to registration licence.

The term "litter" in the present regulations means objects made of metal, concrete, plastic etc. which have been lost, left or discarded, including floating objects.

This compensation arrangement is applicable to Norway’s economic zone and to the restricted fishing zones of Svalbard and Jan Mayen.

Section 2
State compensation

Norwegian fishermen may apply for state compensation for fishing time lost in connection with localization (marking), recovery and transportation to shore of litter from the sea bed having been caught in the vessel’s fishing gear, and of objects floating in the sea. Compensation may be granted if the litter may represent a hazard to safety at sea, an obstacle to fishing activities or may cause considerable damage to fishing gear. Compensation may only be granted if the litter does not originate from the petroleum activities. Applica-tions may include compensation for lost fishing time also in cases where a fishing vessel has to wait for assistance from other vessels because it is unable to bring the litter on board itself.

Section 8-3, third and fifth paragraph, shall be applicable correspondingly.

Section 3
Commission

Applications according to Section 2 shall be dealt with by a commission consisting of a representative of the Directorate of Fisheries, a representative of the fisheries organizations and a member filling the qualification requirements for a judge, cf. Sections 53 and 54 of Act of 13 August 1915 No. 5.

The chairman and the representative of the fisheries organizations of the commission appointed according to Section 2 of the regulations 12. December 2008 No. 1357 to Chapter 8 of the Petroleum Act relating to compensation to fishermen of the same date as the present regulations, may also be appointed member of the commission mentioned in the first paragraph.

The member with competence as a judge shall be the chairman of the commission.

The decisions of the commission shall be made by majority vote.

Section 4
Appeal board

Decisions made by a commission as described in Section 3 may within a period of 2 months be brought before an appeal board consisting of a representative of the Directorate of Fisheries, a representative of the Norwegian Petroleum Directorate, a representative of the fisheries organizations and a representative of companies with licence according to Section 3-3 of the Petroleum Act, as well as a member filling the qualification requirements for a judge.

The same members as have been appointed to the appeal board according to Section 3 of the regulations 12. December 2008 No. 1357 to Chapter 8 of the Petroleum Act relating to compensation to fishermen of the 1
same date as the present regulations, may also be appointed as members of the appeal board according to the present regulations.

Section 3, third and fourth paragraph shall apply accordingly.

Section 5
Appointment of commission and appeal board

Commissions and appeal boards according to Sections 3 and 4 are appointed by the King for a period of two years at a time.

A deputy member shall be appointed for each member.

Section 6
Application for compensation

Applications for compensation shall be made by using a form stipulated for this purpose.

The application shall be forwarded via the chief fishery officer of the relevant district to the secretariat of the commission within two months from the time when the loss occurred.

Section 7
Stipulation of compensation

Any damages, insurance payments etc. which the party seeking compensation has received or will receive as a result of the event, shall be deducted in full from the amount of compensation awarded.

When the compensation for the loss of catch is stipulated, the vessel’s catching potential and results for the time around the event causing the damage shall be taken into account, calculated on the basis of current prices applicable to the catch in question. If the vessel has to interrupt fishing activities and return to shore, discharged volume shall also be taken into account.

Section 8
Secretariat

The secretariat of the commissions and appeal boards is with the Directorate of Fisheries.

Section 9
Entry into force

The present regulations enter into force on 1. July 2009. From the same date the Regulations 27. July 1990 No. 627 relating to compensation to fishermen for fishing time lost as a result of localizaton, recovery and transportation to shore of litter not originating from petroleum activities are repealed.

 

Unofficial translation from Norwegian

Last translated 17.1.2014

Updated: 17/12/2018