Regulations relating to catch documentation for bluefin tuna (Thunnus thynnus), bigeye tuna (Thunnus obesus) and swordfish (Xiphias gladius) (090320)

On 20 March 2009, under section 1 of the Act of 6 June 1997 No. 32 relating to the regulation of imports and exports, cf sections 1 and 3 of the regulations of 17 July 1998 relating to the delegation of authority under the Act relating to the regulation of imports and exports, and sections 36, 40 and 41 of the Act of 6 June 2008 No. 37 relating to the management of wild living marine resources (Marine Resources Act), the Ministry of Fisheries and Coastal Affairs adopted the following regulations:

Section 1Territorial extent and substantive scope 
These regulations apply within Norwegian land territory, in waters under Norwegian fisheries jurisdiction, and to Norwegian vessels outside such waters.

These regulations apply to landing, domestic trade, import, export and re-export fresh and frozen bluefin tuna (Thunnus thynnus), bigeye tuna (Thunnus obesus) and swordfish (Xiphias gladius).

Section 2Definitions
For the purpose of these regulations, the following definitions apply:

a) export of fish: any movement of fish landed from Norwegian vessels in Norwegian ports out of Norway
b) re-export of fish: any movement fish that have been imported to Norway or landed from a foreign vessel in Norway out of the country.

Section 3Duty to provide information for the completion of catch documents on landing 
When bluefin tuna, bigeye tuna or swordfish are landed from a Norwegian vessel, the person responsible on the vessel has a duty to provide the Directorate of Fisheries with the information necessary to issue catch documents. The Directorate of Fisheries shall issue a catch document for each fish that is landed. The person responsible on the vessel has a duty to keep any catch documents issued for two years.

Section 4Duty to provide catch documents when engaging in domestic trade
Bluefin tuna, bigeye tuna and swordfish that have been landed in Norway and are traded domestically shall be accompanied by approved catch documents issued by the Directorate of Fisheries.

Section 5Prohibition against import and landing from foreign vessels without catch documents
It is prohibited to import bluefin tuna, bigeye tuna or swordfish that are not accompanied by approved catch documents issued by the competent authority in the flag state of the vessel by which the fish were caught, or for foreign vessels to land such fish. The importer or the person responsible on the foreign vessel shall send copies of catch documents to the Directorate of Fisheries immediately. Importers have a duty to keep copies of catch documents for two years after the date of import.

Section 6Prohibition against export without catch documents
It is prohibited to export bluefin tuna, bigeye tuna or swordfish that are not accompanied by approved catch documents issued by the Directorate of Fisheries. Exporters have a duty to keep copies of catch documents for two years after the date of export.

Section 7Prohibition against re-export without re-export certificates
It is prohibited to re-export bluefin tuna, bigeye tuna or swordfish that are not accompanied by approved catch documents issued by the competent authority in the flag state of the vessel that caught the fish and approved re-export certificates issued by the Directorate of Fisheries. Re-exporters have a duty to keep copies of catch documents and re-export certificates for two years after the date of re-export.

Section 8Completion of catch documentation
The Directorate of Fisheries may issue more detailed provisions on the completion of catch documents and re-export certificates.

Section 9Control
The Directorate of Fisheries and the customs authorities are the control authorities under these regulations.

Section 10Penalties
Any person who wilfully or negligently contravenes provisions set out in or issued under these regulations is liable to a penalty under section 4 of the Act of 6 June 1997 No. 32 relating to the regulation of imports and exports and sections 62 and 64 of the Act of 6 June 2008 No. 37 relating to the management of wild living marine resources (Marine Resources Act). Complicity or an attempt to contravene the said provisions is subject to the same penalty.

Section 11Entry into force

These regulations enter into force on 6 April 2009.

Updated: 17.03.2015