A fisher in Finnmark was initially informed that she would only be allowed to catch a small proportion of the available king crab quota because she had changed vessels. After Advokatfirmaet Østgård appealed the decision, the authorities reversed their position and granted her the full quota.
What was the case about
To fish for king crab in the open group, the authorities must grant a permit for the vessel in question. Under the regulations, the starting point is the lowest quota, corresponding to a quota factor of 0.1. However, if the fisher can demonstrate sufficient revenue from other fisheries in the preceding year, they may apply for the highest quota, corresponding to a quota factor of 1.0.
Our client, a fisher based in Finnmark, generated substantial revenue in 2025 using the vessel Ragni Elise, which she owned through her own company. Towards the end of the year, she sold the vessel. At the same time, she increased her ownership interest in another family-owned company, becoming its majority owner. That company already owned the vessel Áigin.
When she applied to fish for king crab with Áigin in 2026, she was only granted the lowest quota – a quota factor of 0.1 – rather than the quota factor of 1.0 to which she would have been entitled if her revenue from other fisheries in the previous year had been taken into account.
Why did the authorities initially reject the application?
The Norwegian Directorate of Fisheries took the view that the substantial revenue generated in 2025 was linked to the former vessel and the former company and could not be “transferred” to the new vessel and company.
Because our client had not formally applied to replace the former vessel within the same company, but had instead acquired an ownership interest in a company that already owned another vessel, the Directorate considered that the rules governing changes of vessel did not apply.
The Norwegian Ministry of Trade, Industry and Fisheries initially agreed with this assessment and upheld the decision.
How we resolved the case
We argued that the authorities’ assessment was incorrect for two reasons.
- First, when fishing for king crab in the open group, there is no requirement to apply for a vessel replacement permit in order to change vessels, unlike in the closed group. Provided that the vessel meets the ordinary requirements for a commercial fishing permit, the fisher should, as a general rule, be free to choose which vessel to use from one year to the next.
- Second, it is the fisher – i.e. the individual behind the company – who should be regarded as the owner for these purposes, rather than the company as a separate legal entity. Our client was the majority owner both of the company that owned the former vessel and of the company that owns the new vessel. Her revenue from the previous year should therefore follow her, regardless of which of her companies formally owned the vessel.
We contacted the Ministry and requested that the case be reconsidered. The Ministry agreed with our interpretation and reversed its own decision.
The conclusion was that it is the individual fisher’s catch that is relevant, irrespective of which company the catch is formally registered to, and that fishers in the open group may change vessels without this adversely affecting their entitlement to a quota based on revenue earned in previous years.
The result
Our client was granted the full quota – a quota factor of 1.0, compared with the 0.1 she had initially been awarded. To qualify for the highest quota factor, a fisher must have generated revenue of at least NOK 200,000 from other fisheries in the preceding year.
She can now fish for king crab with Áigin on the same terms as if she had continued to use her former vessel.
The case is a good example of why it can be worthwhile to appeal a decision you believe to be incorrect – even where both the Directorate and the Ministry initially reject your position.
If you have received a decision concerning a fishing quota or fishing permit that you disagree with, we would be happy to assess your case and advise you on the available options.
