Snow Crab in the Barents Sea: Managing a Non-native Species in Disputed Waters
The introduction of a new species to the Barents Sea raises questions as to the rights and duties of states under the law of the sea to exploit, manage and conserve the species. This paper discusses three of them. Thefirstquestion is whether the snow crab qualifies as a sedentary species. The entitl...
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University of Tromsø - The Arctic University of Norway, Faculty of Law
2020
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Online Access: | https://arcticreview.no/index.php/arctic/article/view/2545 https://doi.org/10.23865/arctic.v11.2545 |
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ftjarlp:oai:nordicopenaccess.no:article/2545 2023-05-15T14:18:43+02:00 Snow Crab in the Barents Sea: Managing a Non-native Species in Disputed Waters Henriksen, Tore 2020-12-09 application/pdf text/html application/epub+zip text/xml https://arcticreview.no/index.php/arctic/article/view/2545 https://doi.org/10.23865/arctic.v11.2545 eng eng University of Tromsø - The Arctic University of Norway, Faculty of Law https://arcticreview.no/index.php/arctic/article/view/2545/4796 https://arcticreview.no/index.php/arctic/article/view/2545/4827 https://arcticreview.no/index.php/arctic/article/view/2545/4828 https://arcticreview.no/index.php/arctic/article/view/2545/4829 https://arcticreview.no/index.php/arctic/article/view/2545 doi:10.23865/arctic.v11.2545 Copyright (c) 2020 Tore Henriksen http://creativecommons.org/licenses/by-nc/4.0 CC-BY-NC Arctic Review; Vol 11 (2020); 108-132 2387-4562 law of the sea international environmental law snow crab alien species Svalbard and Spitsbergen Treaty info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion 2020 ftjarlp https://doi.org/10.23865/arctic.v11.2545 2022-03-24T06:35:03Z The introduction of a new species to the Barents Sea raises questions as to the rights and duties of states under the law of the sea to exploit, manage and conserve the species. This paper discusses three of them. Thefirstquestion is whether the snow crab qualifies as a sedentary species. The entitlements and competence of states in respect of living marine resources depend on the location and the characteristics of the species. If it qualifies as a sedentary species under the law of the sea, it is subject to the sovereign rights of the coastal States. Otherwise, it is subject to the sovereign right of the coastal States as well as the freedom of fishing, dependent on its distribution. Thesecondquestion is what, if any, obligations Norway as a coastal State has in respect of conservation and management of the snow crab and how Norway is complying with these obligations. This includes a discussion of whether the snow crab qualifies as an introduced, alien species and the possible implications for the obligations of the coastal State. The area of distribution of the snow crab includes waters within 200 nautical miles off Svalbard, raising athirdquestion as to the implications of the 1920 Treaty concerning Spitsbergen (Svalbard Treaty) and in particular whether fishing vessels of Contracting parties have the right to participate in the harvest on an equal footing with Norwegian vessels. The Norwegian Snow Crab Regulations effectively reserves the harvest of snow crab for Norwegian fishing vessels. The paper discusses the implications of a recent decision by the Norwegian Supreme Court on dismissal of an appeal by a Latvian vessel and its captain convicted for illegal harvest of snow crab within 200 nautical miles off Svalbard. Article in Journal/Newspaper Arctic Barents Sea Snow crab Svalbard Spitsbergen Arctic Review on Law and Politics Barents Sea Norway Svalbard Arctic Review on Law and Politics 11 0 108 |
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Open Polar |
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Arctic Review on Law and Politics |
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ftjarlp |
language |
English |
topic |
law of the sea international environmental law snow crab alien species Svalbard and Spitsbergen Treaty |
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law of the sea international environmental law snow crab alien species Svalbard and Spitsbergen Treaty Henriksen, Tore Snow Crab in the Barents Sea: Managing a Non-native Species in Disputed Waters |
topic_facet |
law of the sea international environmental law snow crab alien species Svalbard and Spitsbergen Treaty |
description |
The introduction of a new species to the Barents Sea raises questions as to the rights and duties of states under the law of the sea to exploit, manage and conserve the species. This paper discusses three of them. Thefirstquestion is whether the snow crab qualifies as a sedentary species. The entitlements and competence of states in respect of living marine resources depend on the location and the characteristics of the species. If it qualifies as a sedentary species under the law of the sea, it is subject to the sovereign rights of the coastal States. Otherwise, it is subject to the sovereign right of the coastal States as well as the freedom of fishing, dependent on its distribution. Thesecondquestion is what, if any, obligations Norway as a coastal State has in respect of conservation and management of the snow crab and how Norway is complying with these obligations. This includes a discussion of whether the snow crab qualifies as an introduced, alien species and the possible implications for the obligations of the coastal State. The area of distribution of the snow crab includes waters within 200 nautical miles off Svalbard, raising athirdquestion as to the implications of the 1920 Treaty concerning Spitsbergen (Svalbard Treaty) and in particular whether fishing vessels of Contracting parties have the right to participate in the harvest on an equal footing with Norwegian vessels. The Norwegian Snow Crab Regulations effectively reserves the harvest of snow crab for Norwegian fishing vessels. The paper discusses the implications of a recent decision by the Norwegian Supreme Court on dismissal of an appeal by a Latvian vessel and its captain convicted for illegal harvest of snow crab within 200 nautical miles off Svalbard. |
format |
Article in Journal/Newspaper |
author |
Henriksen, Tore |
author_facet |
Henriksen, Tore |
author_sort |
Henriksen, Tore |
title |
Snow Crab in the Barents Sea: Managing a Non-native Species in Disputed Waters |
title_short |
Snow Crab in the Barents Sea: Managing a Non-native Species in Disputed Waters |
title_full |
Snow Crab in the Barents Sea: Managing a Non-native Species in Disputed Waters |
title_fullStr |
Snow Crab in the Barents Sea: Managing a Non-native Species in Disputed Waters |
title_full_unstemmed |
Snow Crab in the Barents Sea: Managing a Non-native Species in Disputed Waters |
title_sort |
snow crab in the barents sea: managing a non-native species in disputed waters |
publisher |
University of Tromsø - The Arctic University of Norway, Faculty of Law |
publishDate |
2020 |
url |
https://arcticreview.no/index.php/arctic/article/view/2545 https://doi.org/10.23865/arctic.v11.2545 |
geographic |
Barents Sea Norway Svalbard |
geographic_facet |
Barents Sea Norway Svalbard |
genre |
Arctic Barents Sea Snow crab Svalbard Spitsbergen |
genre_facet |
Arctic Barents Sea Snow crab Svalbard Spitsbergen |
op_source |
Arctic Review; Vol 11 (2020); 108-132 2387-4562 |
op_relation |
https://arcticreview.no/index.php/arctic/article/view/2545/4796 https://arcticreview.no/index.php/arctic/article/view/2545/4827 https://arcticreview.no/index.php/arctic/article/view/2545/4828 https://arcticreview.no/index.php/arctic/article/view/2545/4829 https://arcticreview.no/index.php/arctic/article/view/2545 doi:10.23865/arctic.v11.2545 |
op_rights |
Copyright (c) 2020 Tore Henriksen http://creativecommons.org/licenses/by-nc/4.0 |
op_rightsnorm |
CC-BY-NC |
op_doi |
https://doi.org/10.23865/arctic.v11.2545 |
container_title |
Arctic Review on Law and Politics |
container_volume |
11 |
container_issue |
0 |
container_start_page |
108 |
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1766290209776861184 |