Man who stored scallops in crab pots was acquitted

A man was issued a fine of NOK 12,000 for storing scallops in crab pots. The pots did not meet the requirements for escape openings under section 29 of the Harvesting Regulations, issued under the Marine Resources Act.

The man appealed, arguing that the Regulations do not apply in cases where the pots were not placed in the sea for the purpose of catching crab, but rather for storing scallops.

The Supreme Court concluded that the man had to be acquitted.

According to section 29 of the Harvesting Regulations, the requirement for escape openings applies to “pots that are set out for the purpose of catching crabs.” As the regulation is worded, it is a condition for criminal liability that the pots are placed in the sea with the intent to catch crabs. The requirement for a clear legal basis means that the use of pots without a harvesting purpose does not fall under the scope of criminal liability.

The judgment provides guidance on the interpretation of section 29 of the Harvesting Regulations.

Read the judgment from the Supreme Court (Norwegian only) (PDF) 

Areas of law: Criminal law. The Maritime Resources Act. The Harvesting Regulations.  

Key paragraphs: 19 og 26

Justices: Falkanger, Bergsjø, Steinsvik, Stenvik, Vang