3.1. Enforcement and sanctions of the discard ban
Discarding is an offence that may be difficult to detect. Nonetheless, enforcement of regulations concerning the obligation to land catches has high priority, and the Coast Guard and the Directorate of Fisheries do detect some cases each year.
Presence and surveillance at sea by the Norwegian Coast Guard is extensive compared to most coastal states, with 15 inspection vessels conducting in the order of 2000 inspections annually. Presence and inspection at sea are the main tools for preventing and uncovering discarding. Some of the inspection vessels are equipped with a helicopter, and “surprise” filming for evidence followed by boarding has proved effective in uncovering discarding. Norway does neither operate an observer programme collecting scientific data at sea, nor a closed-circuit television (CCTV) programme to monitor potential discarding. However, scientific data, including some data on discards, are collected by the Institute of Marine Research through their Reference fleet [18].
When discarding is revealed, both the captain of the vessel and the owner may be fined. In extreme cases, for example if it is revealed that discarding is an integral part of the vessel’s ‘ordinary’ production process, the fishing licence may be withdrawn for a period, and considerably higher fines are expected than for minor infractions. In blatant cases, depending on the evidence, the entire catch onboard may be considered illegal, and a corresponding value confiscated by the prosecuting authority or by the court, in a separate decision. Over the years, the Coast Guard, in co-operation with the Public Prosecutor, has succeeded in learning how to collect evidence in discard cases in a way that will satisfy the Norwegian judicial system, so that it is possible to get convictions in a Court of Law. As a result, approximately half a dozen captains/companies are fined annually. The fines are around 15 000 to 25 000 NOK for the captain, and in addition up to 150 000 NOK for the company that owns the vessel.