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. The first question is whether the snow crab qualifies as a sedentary species. The enti...
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Online Access: | https://hdl.handle.net/10037/20101 https://doi.org/10.23865/arctic.v11.2545 |
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ftunivtroemsoe:oai:munin.uit.no:10037/20101 2023-05-15T14:19:57+02:00 Snow Crab in the Barents Sea: Managing a Non-native Species in Disputed Waters Henriksen, Tore 2020-12-09 https://hdl.handle.net/10037/20101 https://doi.org/10.23865/arctic.v11.2545 eng eng Nordic Open Access Scholarly Publishing Arctic Review on Law and Politics https://arcticreview.no/index.php/arctic/article/view/2545?utm_medium=email&utm_campaign=Arctic%20Review%2009122020&utm_content=Arctic%20Review%2009122020+CID_caa71650446bb344ee11f672606d8c65&utm_sour Henriksen T. Snow Crab in the Barents Sea: Managing a Non-native Species in Disputed Waters . Arctic Review on Law and Politics. 2020;11:108-132 FRIDAID 1858044 https://doi.org/10.23865/arctic.v11.2545 1891-6252 2387-4562 https://hdl.handle.net/10037/20101 openAccess Copyright 2020 The Author(s) VDP::Social science: 200::Law: 340::Fishery law: 348 VDP::Samfunnsvitenskap: 200::Rettsvitenskap: 340::Fiskerirett: 348 Journal article Tidsskriftartikkel Peer reviewed publishedVersion 2020 ftunivtroemsoe https://doi.org/10.23865/arctic.v11.2545 2021-06-25T17:57:51Z 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. The first question 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. The second question 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 a third question 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 Arctic review on law and politics Barents Sea Snow crab Svalbard Spitsbergen University of Tromsø: Munin Open Research Archive Barents Sea Norway Svalbard Arctic Review on Law and Politics 11 0 108 |
institution |
Open Polar |
collection |
University of Tromsø: Munin Open Research Archive |
op_collection_id |
ftunivtroemsoe |
language |
English |
topic |
VDP::Social science: 200::Law: 340::Fishery law: 348 VDP::Samfunnsvitenskap: 200::Rettsvitenskap: 340::Fiskerirett: 348 |
spellingShingle |
VDP::Social science: 200::Law: 340::Fishery law: 348 VDP::Samfunnsvitenskap: 200::Rettsvitenskap: 340::Fiskerirett: 348 Henriksen, Tore Snow Crab in the Barents Sea: Managing a Non-native Species in Disputed Waters |
topic_facet |
VDP::Social science: 200::Law: 340::Fishery law: 348 VDP::Samfunnsvitenskap: 200::Rettsvitenskap: 340::Fiskerirett: 348 |
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. The first question 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. The second question 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 a third question 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 |
Nordic Open Access Scholarly Publishing |
publishDate |
2020 |
url |
https://hdl.handle.net/10037/20101 https://doi.org/10.23865/arctic.v11.2545 |
geographic |
Barents Sea Norway Svalbard |
geographic_facet |
Barents Sea Norway Svalbard |
genre |
Arctic Arctic review on law and politics Barents Sea Snow crab Svalbard Spitsbergen |
genre_facet |
Arctic Arctic review on law and politics Barents Sea Snow crab Svalbard Spitsbergen |
op_relation |
Arctic Review on Law and Politics https://arcticreview.no/index.php/arctic/article/view/2545?utm_medium=email&utm_campaign=Arctic%20Review%2009122020&utm_content=Arctic%20Review%2009122020+CID_caa71650446bb344ee11f672606d8c65&utm_sour Henriksen T. Snow Crab in the Barents Sea: Managing a Non-native Species in Disputed Waters . Arctic Review on Law and Politics. 2020;11:108-132 FRIDAID 1858044 https://doi.org/10.23865/arctic.v11.2545 1891-6252 2387-4562 https://hdl.handle.net/10037/20101 |
op_rights |
openAccess Copyright 2020 The Author(s) |
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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1766291693589495808 |