Regulations amending the Regulations of 29 june 1990 no. 485 relating to first-hand sales of raw fish

Laid down by Royal Decree on 21 April 2006 pursuant to the Act of 14 December 1951 No. 3on the Marketing of Raw Fish. Submitted by the Ministry of Fisheries and Coastal Affairs.

I

The following amendments are to be made to the Regulations of 29 June 1990 No. 485 relating to first-hand sales of raw fish:

Section 1, new third paragraph, shall read as follows:

The prohibition of the first and second paragraphs against the export of raw fish does not apply to raw fish caught by and landed from vessels flying the flag of a member state of the European Union. The exception is limited to raw fish landed at specified places and delivered to the establishments approved by the Directorate of Fisheries for this purpose, cf the Regulations of 21 April 2006 No. 433 relating to transit of fish caught by and landed from EU vessels. It is a condition for export that the raw fish has not been cleared through customs in Norway, and that it is exported in accordance with the Customs and Excise Act of 10 June 1966 and provisions laid down pursuant thereto.

The current third to eighth paragraphs become the fourth to ninth paragraphs.

II

These regulations enter into force from the date decided by the Ministry of Fisheries and Coastal Affairs.

The amended regulations read as follows:

REGULATIONS RELATING TO FIRST-HAND SALES OF RAW FISH
Laid down by Royal Decree of 29 June 1990 pursuant to sections 1, 2 and 5 of the Act of 14 December 1951 No. 3 on the Marketing of Raw Fish. Submitted by the Ministry of Fisheries.

§1 Scope of the regulations
It is prohibited to process, sell or export the following species:

  • slickheads (Alepocephalidae)
  • Baird’s smooth-head ( Alepocephalus bairdii)
  • blue ling (Molva dipterygia),
  • angler (Lophius piscatorius),
  • tusk (Brosme brosme),
  • black scabbardfish ( Aphanopus carbo),
  • blackspot sea-bream ( Pagellus bogaraveo),
  • European plaice and other fish of the family Pleuronectidae, including
  • Greenland halibut (Reinhardtius hippoglossoides)
  • halibut (Hippoglossus hippoglossus),
  • American plaice ( Hippoglossoides platessoides),
  • European sea-bass ( Dicentrarchus labrax), and
  • striped sea-bass ( Morone saxatilis),
  • sharks, including
  • blue shark ( Prionace glauca),
  • basking shark (Cetorhinus maximus),
  • porbeagle (Lamna nasus),
  • Greenland shark (Somniosus microcephalus), and
  • spiny dogfish (Squalus acanthias),
  • whiting (Merlangius merlangus),
  • haddock (Melanogrammus aeglefinus),
  • roughhead grenadier (Macrourus berglax),
  • crustaceans and molluscs,
  • ling (Molva molva),
  • wrasses (Labridae), including
  • ballan wrasse ( Labrus bergylta),
  • goldsinny wrasse ( Ctenolabrus rupestris),
  • cuckoo wrasse ( Labrus ossifagus),
  • rock cook ( Centrolabrus exoletus), and
  • corkwing wrasse ( Crenilabrus melops)
  • pollack (Pollachius pollachius),
  • hake (Merluccius merluccius),
  • bluefin tunny (Thunnus thynnus),
  • morid cods (Moridae), including
  • common mora (Mora moro), and
  • blue antimora ( Antimora rostrata),
  • orange roughy ( Hoplostethus atlanticus),
  • lumpfish ( Cyclopterus lumpus),
  • Beryx spp., including
  • splendid alfonsino ( Beryx splendens)
  • saithe (Pollachius virens),
  • skates (Rajidae),
  • forkbeard ( Phycis phycis),
  • greater forkbeard ( Phycis blennoides),
  • silver scabbardfish ( Lepidopus caudatus),
  • grenadier (Coryphaenoides rupestris),
  • small cetaceans,
  • wolf-fish (Anarhichadidae), including
  • northern wolf-fish ( Anarhichas denticulatus),
  • spotted wolf-fish ( Anarhichas minor), and
  • Atlantic wolf-fish ( Anarhichas lupus),
  • cod (Gadus morrhua),
  • fish of the family Soleidae, including
  • common sole (Solea vulgaris),
  • red-fish (Scorpaenidae),
  • redfish ( Sebastes marinus),
  • deepwater redfish ( Sebastes mentella),
  • Norway redfish ( Sebastes viviparus), and
  • blackbelly rosefish ( Helicolenus dactylopterus),
  • fish of the family Bothidae, including
  • turbot (Psetta maxima), and
  • brill (Scopthalmus rhombus),
  • greater argentine (Argentina silus),
  • wreckfish ( Polyprion anguilla),
  • common eel (Anguilla anguilla),
  • European conger ( Conger conger),

regardless of where such raw fish, etc are caught, and regardless of whether the fish, etc are delivered from a foreign or Norwegian fishing vessel, if first-hand sales of such fish do not take place through or with the approval of the sales organisations listed in section 2 of these regulations.

It is also prohibited to process, sell or export the following species:

  • sprat (Sprattus sprattus),
  • horse mackerel (Trachurus trachurus),
  • blue whiting (Micromesistius poutassou),
  • capelin (Mallotus villosus),
  • mackerel (Scomber scombrus),
  • polar cod (Boreogadus saida),
  • fish of the family Ammoditydae, including
  • sandeel (Ammoditytes tobianus),
  • herring (Clupea harengus) - except coastal herring and fjord herring measuring 16.5 cm or more in length caught by purse seining or gill netting and landed or brought to port between Vest-Agder and Østfold counties inclusive,
  • lesser argentine (Argentina sphyraene),
  • Norway pout (Trisopterus esmarkii),
  • and other types of fish not intended for human consumption, regardless of where they are caught, and regardless of whether they are delivered from a foreign or Norwegian fishing vessel, if first-hand sales of such fish do not take place through or with the approval of Norges Sildesalgslag.

The prohibition of the first and second paragraphs against the export of raw fish does not apply to raw fish caught by and landed from vessels flying the flag of a member state of the European Union. The exception is limited to raw fish landed at specified places and delivered to the establishments approved by the Directorate of Fisheries for this purpose, cf the Regulations of 21 April 2006 No. 433 relating to transit of fish caught by and landed from EU vessels. It is a condition for export that the raw fish has not been cleared through customs in Norway, and that it is exported in accordance with the Customs and Excise Act of 10 June 1966 and provisions laid down pursuant thereto.

The prohibition of the first and second paragraphs applies to raw fish landed from foreign vessels, regardless of whether any sales of raw fish have previously taken place at sea.

The prohibition of the first paragraph applies to the sale, etc of eels caught in fresh water. Eels caught in fresh water shall be sold through or with the approval of the sales organisation whose area of operations includes the place where the fish were caught. The prohibition of the first paragraph does not apply to the sale, etc of farmed crustaceans and molluscs for human consumption.

The prohibition of the first and second paragraphs applies to parts, products and by-products of the fish species listed above, crustaceans, molluscs and small cetaceans.

The prohibition of the first and second paragraphs also applies to first-hand sales on fishing grounds and under way to Norwegian ports, and to catches that fishing vessels themselves transport to foreign harbours or foreign fishing vessels. Regulation of such deliveries will be undertaken by the sales organisation that organises first-hand sales of fish in the district where the fishing vessel is registered in the register of fishing vessels, cf. the Act of 5 December 1917 No. 1 on the registering and marking of fishing vessels, if the sales organisation does not operate throughout the entire country.

The prohibition of the first and second paragraphs does not apply to the sale, etc of artificially hatched fish for growing on or for human consumption.

The Ministry of Fisheries may amend the lists of fish species in the first and second paragraphs.

§2 Geographical scope of the regulations
Sales of raw fish of the species to which these regulations apply shall be undertaken by the following sales organisations, whose statutes have been approved by the Ministry of Fisheries:

  • 1. For raw fish listed in section 1, first paragraph, of these regulations, and landed or brought to port between Finnmark county and Nordmøre inclusive, and for eels caught in the said area: Norges Råfisklag.
  • 2. For raw fish listed in section 1, first paragraph, of these regulations, and landed or brought to port in Sunnmøre and Romsdal, and for eels caught in the said area: Sunnmøre og Romsdal Fiskesalslag.
  • 3. For raw fish listed in section 1, first paragraph, of these regulations, and landed or brought to port in Sogn og Fjordane and Hordaland counties, and for eels caught in the said area: Vest-Norges Fiskesalslag.
  • 4. For raw fish listed in section 1, first paragraph, of these regulations, and landed or brought to port in Rogaland county, and for eels caught in the said area: Rogaland Fiskesalgslag S/L.
  • 5. For raw fish listed in section 1, first paragraph, of these regulations, and landed or brought to port on between the county boundary between Rogaland and Vest-Agder and the Swedish border, and for eels caught in the said area: Skagerakfisk S/L.
  • 6. For raw fish listed in section 1, second paragraph, of these regulations, and that are stored in the sea, landed or brought to port anywhere along the Norwegian coast: Norges Sildesalgslag.
  • 7. For farmed fish as mentioned in section 3 of these regulations, and for first-hand sales from fish farms anywhere in the country: Fiskeoppdretternes Salgslag A/L.
  • 8. …

§3 Sales of farmed salmon and trout etc. for human consumption
The processing, marketing and export for human consumption of farmed salmon, trout, char and hybrids of these species, and all species of farmed crustaceans and molluscs, is prohibited unless first-hand sales take place through or with the approval of one or more sales organisations that are approved by the Ministry of Fisheries.

The Ministry of Fisheries may by regulations lay down further provisions concerning the scope of the prohibition of the first paragraph, and may in such provisions list the species to which the prohibition shall apply at any given time.

The prohibition also applies to first-hand sales of parts, products and by-products of species of farmed fish, crustaceans and molluscs such as are mentioned in the first paragraph of this section.

The Ministry of Fisheries may repeal prohibitions laid down pursuant to this section.

§4 Exemptions from the prohibition
The individual sales organisation may within its district and within its area of operations make exemptions from the prohibition set out in sections 1 and 3 of these regulations.

§5 Processing of own catches etc
The provisions of section 1 do not prevent vessels from processing their own catches. Sales of fish, etc processed on board a vessel, and of products and by-products of such fish, must take place through or with the approval of one of the organisations listed in section 2 of these regulations.

The provisions of section 3 do not prevent facilities from processing their own production of farmed fish, crustaceans or molluscs. First-hand sales of fish, etc, processed at a facility, and of products and by-products of such fish, must take place through or with the approval of Fiskeoppdretternes Salgslag A/L.

§6 Prohibition of and restrictions on fishing
The individual sales organisation may prohibit or restrict the fishing of the fish species to which these regulations apply, or of species that the Ministry decides shall come within the scope of these regulations, if fishing operations take place in distant waters or using trawls. Such decisions may be made applicable to catches that are to be delivered by vessels registered with the register of fishing vessels in the individual sales organisation's district, cf. the Act of 5 December 1917 No.1 on the registering and marking of fishing vessels, if the sales organisation does not operate throughout the entire country.

§7 Delegation, etc
The Ministry of Fisheries will exercise the authority assigned to the Ministry pursuant to Act of 14 December 1951 No. 3 on the Marketing of Raw Fish.

The Ministry of Fisheries may lay down regulations on coordination of the activity of the sales organisations to which these regulations apply as regards sale, production, resale etc.

§8 Penal measures
Any person who wilfully or negligently contravenes these regulations is liable to fines. Complicity in or an attempt to commit an offence is subject to the same penalty, cf. section 9 of the Raw Fish Marketing Act.

§9 Entry into force. Repeal of other regulations 
These regulations enter into force on 1 August 1990.

Updated: 17.03.2015