Norway Supreme Court Hears Snow Crab Case with Implication for Oil

By Gwladys Fouche
Tuesday, January 15, 2019

Norway's Supreme Court began hearing arguments on Tuesday on whether EU ships can fish for snow crab off Arctic islands north of Norway without permission from Oslo, a case that could decide who has the right to explore for oil in the region.

At stake is whether the snow crab - whose meat is considered a delicacy by gourmets in Japan and South Korea - is a sedentary species living on the seabed or a fish stock that moves around - and who gets to decide about it.

If it is seen as a sedentary species, then it is a resource belonging to the continental shelf of Norway. If the EU can stake a claim over the snow crab, then it could be harder for Oslo to secure its claim over potential oil and gas resources.

"The question of the snow crab is a proxy for oil. Because what is valid for the snow crab is valid for the oil industry," Oeystein Jensen, a senior research fellow in law at the Fridtjof Nansen Institute in Oslo, told Reuters.

The verdict is expected in three to four weeks.

The issue arises out of a conviction for illegal fishing of an EU fishing vessel, the Senator, in the waters off the remote Arctic Svalbard archipelago.

Norway, which is not a member of the EU, argued successfully in a lower court that the European Commission does not have the right to issue fishing licences off Svalbard, over which Norway has sovereignty via a 1920 treaty.

The ship's owner, Latvian fisherman Peteris Pildegovics, is appealing that ruling to the Supreme Court and seeks to assert a right to fish for snow crab off Svalbard.

"There was no need for a Norwegian licence," Pildegovics told Reuters. "We followed the procedure. Norwegian authorities were kept fully informed."

Pildegovics estimated the loss of income due to the ship's ongoing seizure at about 20 million euros a year.

Norway says only it has the right to issue fishing licences for snow crab.

"The United Nations Convention on the Law of the Sea - the constitution of the seas - is clear on this. It is only Norway as a coastal state that can give permission to fish on the Norwegian continental shelf," Foreign Minister Ine Eriksen Soereide said in an April 2018 column.

In a sign of the importance the case has for Norway, a panel of 11 Supreme Court judges, a higher than usual number, will listen to the arguments during the three-day session starting on Tuesday.

Jensen, the academic, said that according to international law it is only coastal states that can grant licences for the management of natural resources. "So Norway, via Svalbard, is the coastal state in charge," he said.

"Now, the 1920 Svalbard Treaty forces Norway to treat all signatories fairly. The EU does not have the right to issue licences, but the treaty perhaps grants the EU the right to be equally treated. The EU, by issuing their own licences, has ignored these steps and ignored international law," he said.


($1 = 0.8718 euros)

(Editing by William Maclean)

Categories: Legal Environmental Offshore Energy Europe Regulations

Related Stories

Borr Drilling Bags Three New Assignments for its Jack-Up Drilling Rigs

Op-Ed: Kazakhstan’s National O&G Firm Positioning Itself as Global Energy Player

Woodside to Shed Some Trinidad and Tobago Assets for $206M

Keel Laying for Wind Flyer Trimaran Crew Boat

McDermott Concludes Work at PTTEP’s Kikeh Gas Field Off Malaysia

AIRCAT 35 Crewliner Vessels Delivered to Service TotalEnergies Angola

Europe's Gas Uncertainty Help Drive Asian LNG Spot Prices Higher

Shell Shuts Down Oil Processing Unit in Singapore Due to Suspected Leak

Flare Gas Recovery Meets the Future

AI & Offshore Energy: The Higher the Stakes, the More Value AI Creates

Current News

Mitigate SCC & HE to Keep Offshore Metal Structures Ship Shape

India Stretches Bids Deadline for 13 Offshore Deep-Sea Mineral Blocks

Indonesia Awards Oil and Gas Blocks to Boost Reserves

Sapura Energy Nets $22.6M in Offshore Support Vessel Contracts

CNOOC Puts Into Production New Oil Field in South China Sea

Sunda Energy Starts Environmental Consultation for Chuditch-2 Well Drilling Plans

Pakistan’s OGDC to Start Production at ADNOC’s Offshore Block by 2027

Petrovietnam, Petronas Extend PSC for Offshore Block

Sapura Energy Scoops Close to $9M for O&M Work off Malaysia

Hanwha Ocean Marks Entry into Deepwater Drilling Market with First Drillship

Subscribe for AOG Digital E‑News

AOG Digital E-News is the subsea industry's largest circulation and most authoritative ENews Service, delivered to your Email three times per week

https://accounts.newwavemedia.com