Forskriftsendring gir rom for å kompensere bortfalt produksjon som følge av pålegg om utslakt ifbm smittevernbekjempelse

Regelendring åpner for midlertidig interregionalt biomassetak etter utslaktvedtak

19 Oct 2012

  Fiskeri- og Kystdepartementet vedtok denne uken en forskriftsendring som gir hjemmel for å tillate et midlertidig interregionalt biomassetak i tilfeller der oppdretter har måttet slakte ut fisk som følge […]

 

Fiskeri- og Kystdepartementet vedtok denne uken en forskriftsendring som gir hjemmel for å tillate et midlertidig interregionalt biomassetak i tilfeller der oppdretter har måttet slakte ut fisk som følge at myndighetstiltak for å hindre smittespredning.

Forskriftsendring gir rom for å kompensere bortfalt produksjon som følge av pålegg om utslakt ifbm smittevernbekjempelse

Flere slike vedtak har siste  året vært gjort for å hindre smitte av PD. Slikt midlertidig vedtak har til formål å sikre stabil tilgang av råstoff til fiskeindustrien langs kysten. Det er ikke en forutsetning for slikt vedtak at de oppdrettsregioner som omfattes er naboregioner.

Den nye bestemmelsen, som finnes i akvakulturdriftforskriftens § 48a, femte ledd, lyder som følger:

For at foretak som er pålagt utslaktning på grunn av sykdom skal kunne opprettholde produksjonen, kan Fiskeridirektoratet innvilge et midlertidig interregionalt biomassetak for tillatelser av samme type og art. Det kan bare innvilges midlertidig interregionalt biomassetak når søkeren dokumenterer at innvilgelsen sikrer råstofftilgang til videreforedling. Det interregionale biomassetaket opphører senest når produksjonen er gjenopprettet i regionen der pålagt utslaktning har funnet sted. Fiskeridirektoratet fastsetter omfang, varighet og nærmere vilkår for biomassetaket i enkeltvedtak. Første og tredje ledd gjelder tilsvarende, andre og fjerde ledd gjelder ikke. Departementet er klageinstans for vedtak fattet etter dette leddet.”

Bestemmelsen trådte i kraft fra om med vedtakelsen, den 17. oktober 2012.

Om forfatteren

Harald Ellefsen
Harald Ellefsen Harald Ellefsens kompetanseområder er særlig knyttet til strategisk rådgivning, prosjekt- og forretningsutvikling, myndighetskontakt og offentlig forvaltning. Han har gjennom mange år som advokat drevet et omfattende arbeid for havbruksnæringen overfor offentlige myndigheter både på politisk og administrativt nivå, også med forvaltningsmessige problemstillinger og saker overfor fiskeriforvaltningen. Ellefsen sitter i styret i Kverva AS – et av Nordens ledende investeringsselskap innen marin sektor.

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