Land-based facilities near national salmon fjords and salmon waterways
The regulations for national salmon fjords and salmon waterways do not prohibit the establishment of land-based farming facilities in the nearby areas, but this seems to be the opinion of large parts of the administration. In this article, we will explain the regulations and show why this opinion is incorrect.
There are a total of 52 waterways and 29 fjord areas covered by the regulations for national salmon fjords and salmon waterways. Separate rules have been developed for farming and other activities in and around these waterways and fjords. The regime was designed in St.prp. 32 (2006-2007) On the protection of wild salmon and the completion of national salmon waterways and salmon fjords, and the Storting made, among other things, the following decisions which provide the basis for the specific content of the scheme:
“The protection regime in the national salmon waterways and salmon fjords established in Innst. S. no. 183 (2006-2007) and in Innst. S. no. 134 (2002-2003) must be in accordance with chapters 6.1 and 6.3 of St.prp. no. 32 (2006-2007).”
The two chapters the decision refers to describe the management regime in detail. The regulations for fish farming on land and in the vicinity of national salmon waterways are described in section 6.1 of the proposal (p. 74). Establishment can take place if the facilities:
“- does not entail a risk of fish escaping or the spread of fish diseases to the waterways.
- only leads to minor changes in the flow of water.”
These formulations require an individual assessment of the individual application for establishment, and not an absolute prohibition.
The situation for the national salmon fjords is described in section 6.3. Here, the regime for the relevant new land-based facilities in 2002 is described in that strict requirements are set for drains to the sea and that the distance from the drain’s discharge point to the mouth of a national salmon waterway must be a minimum of 5 km. When it comes to food fish, FOU and breeding facilities for salmon, it is generally written that new permits are not permitted, but here it seems as if the proposal only refers to marine facilities and not facilities on land.
The Storting decision has been followed up through regulations on the protection of salmon stocks. In the consultation letter for the regulation, it is specified that the regulations are "designed in line with the Storting’s decision".
The challenging provision is contained in regulations on the protection of salmon stocks Section 3 first paragraph. This provision states:
“It is not permitted to establish new aquaculture facilities for:
- Production of food fish and broodfish of anadromous fish, with the exception of cultivation facilities or gene banks for wild anadromous salmon fish
- Activities with experimental, research and teaching purposes, or
- Production of eels in the sea
This provision only applies to facilities located in the national salmon fjord or waterway. It does not apply to land-based facilities. This follows from the express rule on the regulation’s scope in Section 2, first paragraph, which has the following wording:
“The regulations apply within national salmon fjords and salmon waterways described in appendices 1 and 2, and in areas up to 5 km outside national salmon waterways that are not connected to national salmon fjords.”
The provision thus clearly expresses that only activities within the fjord and waterways itself are covered by the regulation, and the wording is in accordance with what is also written in the consultation memo for the regulation. Such an understanding is also in accordance with the Storting proposal, which does not contain any ban on land-based facilities.
The conclusion is therefore that Section 3 of the regulation does not prohibit land-based installations in national salmon waterways and salmon fjords.
The purpose provision in Section 1 of the regulation uses the wording “in or by national salmon waterways and national salmon fjords”. This is consistent with the fact that the regulations contain certain rules which are obviously aimed at land-based facilities by salmon fjords and salmon waterways. An important rule follows from Section 8 of the regulation, which sets requirements for drainage from such facilities into the fjord and the waterways. Such requirements also correspond well with the regulatory regime described in the Storting proposal.
Land-based facilities are therefore not prohibited near national salmon fjords and salmon waterways, but these regulations provide some special rules; among other things, strict requirements for drainage.