Kan samdrift eller samlokalisering føre til økt produksjon og fortjeneste?

09 Sep 2014

Bør jeg samarbeide med naboen? Det er lite som tyder på at noen ny konsesjonsrunde vil komme de nærmeste årene. Selv om regjeringen legger opp til mulighet for 5% vekst dersom visse strenge miljøkrav etterleves, så vil mange oppdrettere måtte tenke nytt om en skal få til vekst i produksjonen.

For mange små og mellomstore oppdrettere vil avtaler med andre oppdrettere om samdrift eller samlokalisering kunne gi grunnlag for en viss økt produksjon. Når de generelle rammebetingelsene ikke åpner for vekst, vil avtaler om samdrift eller samlokalisering i det minste kunne gi noe økte driftsmarginer. Her ligger et uutnyttet potensial for mange, særlig for de små og mellomstore. For der de store har betydelig fleksibilitet gjennom konsern-MTB, interregionalt biomassetak og mange lokaliteter, vil situasjonen for de mindre være at konsesjons-MTB’en ikke utnyttes like godt.

 

Så om du har konsesjons-MTB som ikke utnyttes fullt ut i egne anlegg, mens naboen har passe lokalitet med større kapasitet enn det som kan utnyttes gjennom egne konsesjoner , kan det være grunnlag for samarbeid. Samarbeidende partnere kan også utnytte at produksjonen på deres respektive anlegg befinner seg på ulikt stadium i produksjonssyklusen. Har oppdretter A f.eks. nettopp hatt nyutsett og dermed har «ledig» kapasitet på konsesjons-MTB’en, så kan oppdretter B ha fisk i sine merder som kun kan vokse seg større om B selger noe av biomassen til A, slik at dette kan tilordnes A’s konsesjon. God planlegging av biomasseutnyttelsen kan på denne måten gi ekstra fortjeneste for alle involverte parter.

 

Samdrift og samlokalisering

 

Utleie av akvakulturtillatelser er forbudt. Dette fremgår av akvakulturlovens § 19 hvor det heter: «Utleie av akvakulturtillatelser er ikke tillatt. Departementet kan i særlige tilfeller gjøre unntak fra forbudet mot utleie. Departementet kan i forskrift gi nærmere bestemmelser om overføring av akvakulturtillatelser.»

 

Dette innebærer imidlertid ikke noe hinder for at oppdretterne kan samarbeide om bruk av lokaliteter. Det er ingenting i veien for at flere oppdrettere har fisk på en og samme lokalitet. Samarbeid om, og oppgjør, for driftstjenester, foring bruk av merder og utstyr kan reguleres i avtale. Man har da valget mellom to typer samarbeid, enten samdrift eller samlokalisering. Forskriften tillater kun enten samdrift eller samlokalisering på samme lokalitet. Man kan ikke gjøre begge deler.

 

Samdrift er i forskriften definert som en driftsform der to eller flere innehavere av akvakulturtillatelse har akvakulturdyrene i sameie på samme lokalitet. Dette innebærer at om oppdretter A og B avtaler samdrift, så vil A f.eks. eie 40% av fisken i anlegget og B eie 60% av fisken. Det er ikke noe i veien for å avtale endret sameiebrøk underveis. Dette må det imidlertid rapporteres om i de månedlige rapportene som sendes til Fiskeridirektoratet i samsvar med driftsforskriftens § 44.

 

Etter driftsforskriftens § 49 skal rammene for samdriften meldes til Fiskeridirektoratets regionkontor senest en kalendermåned før iverksettelse. Her skal det meldes om hvilke lokaliteter, hvilke tillatelser og hvilke innehavere som er omfattet av samdriften. Dersom de opprinnelige forutsetningene for samdriften endrer seg underveis må dette meldes. Endringene kan da først iverksettes en kalendermåned etter at meldingen er kommet til Fiskeridirektoratet. Men når det gjelder selve sameiebrøken er det tilstrekkelig at dette rapporteres i de månedlige rapportene til direktoratet. Dette vil være grunnlaget for kontrollen med at konsesjonsbiomasse ikke overskrides for noen av de aktuelle tillatelsene. Ved samdrift skal det sendes inn felles rapport og melding.

 

Reglenes utforming innebærer at drifts- og biomasselogistikken knyttet til samdrift bør planlegges i rimelig god tid. Ved samdrift er deltakerne solidarisk ansvarlig overfor myndighetene for at lover og regler følges.

 

Samlokalisering er en driftsform der to eller flere innehavere av akvakulturtillatelse  har akvakulturdyr på samme lokalitet, uten at akvakulturdurene  er i sameie. I praksis innebærer dette at fisken må være skilt på merdnivå. Har lokaliteten seks merder så vil f.eks. oppdretter A kunne ha sin fisk i merd 1 og 2 mens oppdretter B har fisk i merd 3-6. Ved samlokalisering vil hver oppdretter stå ansvarlig overfor myndighetene for fisken i «sine» merder.

 

Laksetildelingsforskriftens § 34 setter også begrensninger for hvor mange lokaliteter et vanlig konsesjonsvolum på 780 tonn kan spres på. Her heter det at maksimalt kan knyttes fire lokaliteter til en akvakulturtillatelse.

 

Avtaler som regulerer samdrift og samlokalisering

 

Det vanlige ved avtaler om samdrift og samlokalisering er at oppdretter A som eier anlegget der fisken står, forplikter seg til å røkte og fore fisken for oppdretter B. Dette vil normalt omfatte bruk av merder og annen infrastruktur, forring, avlusning, vaksinering, slakting mm. Disse tjenesten kan prises på ulike måter. Avtalen bør også omfatte forhold som varighet av samarbeidet, eventuelle endringer i eierandeler og ansvar for forsikring. All den tid oppdretter B, som har fisk i A’s anlegg, likevel står ansvarlig overfor myndighetene, vil det være vanlig at produksjonsdata rapporteres, slik at B kan føre trygghet for at A drifter forsvarlig og innenfor regelverket.

 

Ved samdrift er deltakerne solidarisk ansvarlig overfor myndighetene. Ved samlokalisering er hver enkelt oppdretter ansvarlig for egen fisk. Dette innebærer uansett at de oppdretterne som har fisk i en annen oppdretters anlegg bør ha stor grad av tillit til at driften foregår skikkelig og ordentlig.

 

Mange oppdrettere har allerede gode erfaringer med samdrift og samlokalisering og inngår slike avtaler rutinemessig. Men for dem som ennå ikke har utnyttet denne muligheten tror vi det vil kunne være et potensial for økt produksjon og fortjeneste.

Om forfatteren

Lars Selmar Alsaker
Lars Selmar Alsaker Lars S. Alsaker har i mer enn 15 år jobbet med forvaltningsrett, herunder fiskerijuss. Erfaringen omfatter saker knyttet til oppdrettskonsesjoner, lokalitetsklareringer og håndtering av sanksjoner. Alsaker underviser i forvaltningsrett på Norges Handelshøyskole.

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