Retten til fiske i havet utenfor Finnmark

The rights to marine fishing outside Finnmark in North Norway Fishing in the ocean outside Finnmark – particularly in the fiords and coastal waters – has through centuries been a basis for the coastal Sami (”Sea sami”) villages and culture. These Sami are part of the Sami people who are the indigen...

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Main Author: Carsten Smith
Format: Article
Language:English
Published: Cappelen Damm Akademisk NOASP 2010-04-01
Series:Arctic Review on Law and Politics
Subjects:
Online Access:https://arcticreview.no/index.php/arctic/article/view/5
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author Carsten Smith
author_facet Carsten Smith
author_sort Carsten Smith
collection DOAJ
description The rights to marine fishing outside Finnmark in North Norway Fishing in the ocean outside Finnmark – particularly in the fiords and coastal waters – has through centuries been a basis for the coastal Sami (”Sea sami”) villages and culture. These Sami are part of the Sami people who are the indigenous people of Norway. The resource situation in the ocean fisheries has in the last decades necessitated regulations with special permissions and quotas. This article discusses whether the coastal Sami in Finnmark – the most Northern county of Norway – has a right to fishing based on international law and irrespective of the national regulations. The discussion deals with the report of 2008 from the coastal fisheries commission that presented draft legislation prescribing extended quota rights for people living along the coast of Finnmark. Moreover, people living in the fiords should have a priority right for fishing in their fiord. A main point is also whether the non-Sami inhabitants of Finnmark shall benefit from the indigenous right to fishing which is answered positively. The draft furthermore proposes establishing a county authority with special fisheries powers. The last part of the article is a discussion with the Attorney General who has criticized the use of international law in the commission report. The author of the article chaired the commission and had the main responsibility for the international law part. Keywords: Fishing rights, Sami rights, indigenous law, county authority, Attorney General Citation: Arctic Review on Law and Politics, vol. 1, 1/2010 p. 4–27. ISSN 1891-6252
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spelling doaj.art-469746dbb99841efb4bf0d9f3e659c7e2024-02-01T15:57:44ZengCappelen Damm Akademisk NOASPArctic Review on Law and Politics2387-45622010-04-011110.23865/arctic.v1.5Retten til fiske i havet utenfor FinnmarkCarsten Smith The rights to marine fishing outside Finnmark in North Norway Fishing in the ocean outside Finnmark – particularly in the fiords and coastal waters – has through centuries been a basis for the coastal Sami (”Sea sami”) villages and culture. These Sami are part of the Sami people who are the indigenous people of Norway. The resource situation in the ocean fisheries has in the last decades necessitated regulations with special permissions and quotas. This article discusses whether the coastal Sami in Finnmark – the most Northern county of Norway – has a right to fishing based on international law and irrespective of the national regulations. The discussion deals with the report of 2008 from the coastal fisheries commission that presented draft legislation prescribing extended quota rights for people living along the coast of Finnmark. Moreover, people living in the fiords should have a priority right for fishing in their fiord. A main point is also whether the non-Sami inhabitants of Finnmark shall benefit from the indigenous right to fishing which is answered positively. The draft furthermore proposes establishing a county authority with special fisheries powers. The last part of the article is a discussion with the Attorney General who has criticized the use of international law in the commission report. The author of the article chaired the commission and had the main responsibility for the international law part. Keywords: Fishing rights, Sami rights, indigenous law, county authority, Attorney General Citation: Arctic Review on Law and Politics, vol. 1, 1/2010 p. 4–27. ISSN 1891-6252 https://arcticreview.no/index.php/arctic/article/view/5Fishing rightsSami rightsindigenous lawcounty authorityAttorney General
spellingShingle Carsten Smith
Retten til fiske i havet utenfor Finnmark
Arctic Review on Law and Politics
Fishing rights
Sami rights
indigenous law
county authority
Attorney General
title Retten til fiske i havet utenfor Finnmark
title_full Retten til fiske i havet utenfor Finnmark
title_fullStr Retten til fiske i havet utenfor Finnmark
title_full_unstemmed Retten til fiske i havet utenfor Finnmark
title_short Retten til fiske i havet utenfor Finnmark
title_sort retten til fiske i havet utenfor finnmark
topic Fishing rights
Sami rights
indigenous law
county authority
Attorney General
url https://arcticreview.no/index.php/arctic/article/view/5
work_keys_str_mv AT carstensmith rettentilfiskeihavetutenforfinnmark