4.3. Obligation to change fishing ground—The move-on provision when limits on juveniles or bycatches are exceeded
According to Norwegian legislation, it is prohibited to fish ‘illegal’ fish, as distinct from a prohibition that merely limits the landing of such fish. This prohibition constitutes an obligation for fishers to change fishing ground when the fishing operations contravene the regulations. For instance, whenever bycatch limits or the permitted intermixture of undersized fish have been exceeded, the fishing operation on the fishing ground in question must cease and operations must move to an area where, to the best of the fisher’s knowledge, it is probable that the catch composition is within the limits of the relevant regulations. It is not expedient within the Norwegian legal system to stipulate a fixed shift in terms of depth or distance in nautical miles. If the logbook, satellite tracking or other sources of information reveal that more than one haul has been conducted in the same area without moving, the fisher will be subject to arrest/reporting to the police and may be fined for the offence. The catch in the relevant hauls is considered illegally caught, and its value confiscated by the prosecuting authority or the court in a decision separate from the fine. If illegal catch is mixed with legal catches on board the vessel, the entire catch may be considered illegal and its value confiscated.
If the fisher has acted in compliance with the move-on provision, there is no offence. The value of the part of the catch that is in excess of permitted limits will, however, be subject to confiscation through an administrative decision by the DoF.
It should be noted that it is a crucial element of the anti-discard policy that fishing operations are recorded in logbooks on a haul by haul basis.