Norwegian state appeals after losing factory ship court battle
The Norwegian state has lodged an appeal after losing a court case involving Hav Line’s farmed salmon factory ship Norwegian Gannet, which was used by Mowi Scotland during a period when it was harvesting more fish than its processing facilities could handle.
In November 2018, on the day before the vessel’s naming ceremony, the then fisheries minister Harald Nesvik reversed the Norwegian Food Safety Authority’s decision that Hav Line’s operation to harvest and process fish and take them directly to a distribution centre in Denmark was legal.
Nesvik argued that “production fish” - those with visible defects such as wounds and which make up just 1% of harvests - must be sorted in Norway in order to protect the reputation of the country’s industry.
Court injunction
Hav Line then gained an injunction from Bergen District Court that temporarily ensured the Gannet could carry out operations. This year the company won a second court case to ensure that its operations can continue permanently.
“It is rare that decisions from the ministries are set aside by the court, which indicates how far outside the rules of the game the then political leadership was willing to go,” Hav Line chairman Carl-Erik Arnesen told Fish Farming Expert’s Norwegian sister site, Kyst.no.
“The last chapter in our almost two-year-long struggle was that Bergen District Court after an extensive trial concluded that the state had abused power over Hav Line and that it was grossly unreasonable that the Norwegian government refused to grant Hav Line its permanent exemption.
“Similar cases, with similar abuses of power from the top echelons of the state, have fortunately not occurred here before and hopefully others will not have to go through the same thing in the future.”
Red flag to EU
The state has chosen to appeal the latest verdict based upon its belief that Hav Line’s operations will be perceived as a red flag for the EU and Norways most important allies in the EU.
Arnesen said Hav Line is confident that the Court of Appeal will come to the same conclusion as the district court in what he calls a “unique example of a politically driven abuse of power without respect for legislation, professional authorities, professional knowledge, business innovation and investment and people’s workplaces”.
“The Danish Minister of Fisheries’ commitment and promises of cooperation have meant that the state has lost its contrived argument about lack of control in Denmark, and thus has an even weaker case before the Court of Appeal than they had before the district court,” he added.
‘Concept delivers everything’
“The Hav Line concept delivers on everything that politicians, the industry and society at large ask for; namely reduced waste, good fish welfare and infection hygiene, high quality, halved CO₂ emissions, lorries taken off the roads and the fish quickly into the market.
“The slaughter boat has also rescued fish from algae attacks and carried out decontamination slaughter on sick fish, in a fast, safe and efficient way. It has been in Iceland, in Scotland and is now in demand over large parts of the Norwegian coast.”
The Gannet has harvested 16,000 tonnes of salmon this year, and more than 40,000 tonnes since starting operation in January 2019.
It has now been to 58 locations and served close to 30 different companies of large, medium and small size. The boat now has a full order book
Until the case is finally decided, the boat can continue to operate under dispensation.
