Acronym NA
Category
Fisheries
Title Rettslige problemstillinger innenfor kystsoneforvaltning: Kompetanseutvikling - Legal issues within coastal zone management: Competence development Programme National Programme
Instrument (FP6)
Contact Type (FP7)
Strand (Interreg)
NA
Theme (FP7)
Activity Area (FP6)
Regional Area (Interreg)
Action (COST)
NA
Specific Programme (FP7)
NA
Funding source National Coordinator Tore Henriksen Coordinator email tore.henriksen@uit.no
Coordinator institution
UiT - The Arctic University of Norway (Norway)
Institutions involved
NA
Start year 2003 End year 2010 Funding (€) € 558,672 Website https://www.fhf.no/prosjekter/prosjektbasen/242042/ Summary The project included an analyses based on private law on the right to fish based on property right to the shore. Further the project aimed to discuss whether there are basis for fishing rights under private law in fjords and coastal waters. This has been done by documenting what are legitimate argumentation on the right to fish in saltwater and the legal protection for fishing in saltwater. This is a description of the legal framework or tool of analysis to be applied in order to establish whether there exist specific private fishing rights in the fjords and coastal waters. The mapping of the legal framework may prevent the increasing conflict over uses of marine spaces. A right to fish in an area, having a private law basis, may affect or limit the uses of others of the same area. E.g. recreational fishing or aquaculture facilities. In several fjords of Northern Norway local fishermen argue they have been forced by fish farms located in fishing areas. The project also deals with the question whether rights based on private law may restrict the competence of the regulatory authorities. Public regulations may be so comprehensive that they may lead to claims of compensations by holders of private fishing rights. Private rights may also give the right holders entitlement to comment on proposals to regulate the use of an area, e.g. the localization of a fish farm or wind mills. Finally the project includes a discussion whether private fishing rights may give priority in the allocation of quotas and thus restrict the discretion of the fishery authorities in deciding on the allocation of quotas.
The objective was to develop competence on legal questions on management of the coastal zone, particular in relation to aquaculture and management of the zone.
Keywords
Integrated management;
Fisheries management;
Spatial planning;
Aquaculture management;
Policy;
Marine Region
41
Norwegian Sea (27.IIa)
42
Barents Sea (27.I)
2
Marine Region Map
