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Elise Myklebust, Ingunn --- "Aquaculture law and administration in Norway" [2016] ELECD 1316; in Bankes, Nigel; Dahl, Irene; VanderZwaag, L. David (eds), "Aquaculture Law and Policy" (Edward Elgar Publishing, 2016) 336

Book Title: Aquaculture Law and Policy

Editor(s): Bankes, Nigel; Dahl, Irene; VanderZwaag, L. David

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781784718107

Section: Chapter 14

Section Title: Aquaculture law and administration in Norway

Author(s): Elise Myklebust, Ingunn

Number of pages: 24

Abstract/Description:

This chapter provides an overview of the legislation and administrative bodies that play a leading role in the process of determining where to locate new aquaculture projects in Norway. The chapter addresses how conflicts between use and protection are considered and resolved before new sites for aquaculture can be approved. The Norwegian management system for aquaculture is very fragmented. The sea area is open to everyone to use and is not subject to private ownership. It is an area with both national and regional interests, and several governmental sector authorities, including fisheries, aquaculture, environmental, food and port authorities, have a role to play. In Norway there are no administrative or environmental courts. In most cases the question of whether an area should or should not be used for aquaculture, and under what conditions, is finally settled through administrative decisions. Norway is a unitary state. The counties and the municipal authorities are controlled by Parliament through legislation. Norway is not a member of the European Union (EU), but is greatly affected by EU policies and directives through the Agreement on the European Economic Area (EEA Agreement). National legislation has largely tried to integrate international legal principles, such as spatial planning, the integration principle, public participation, the ecosystem approach and the use of environmental impact assessment. This chapter discusses the different important national laws, how they work together, and how international principles are integrated in the different laws and administrative processes.