Hvilke krav stiller Grunnloven § 112 til lakseoppdrettsnæringen? Forholdet mellom oppdrettsnæringen og villaks ('The application of Article 112 of the Norwegian Constitution to salmon farming. The relationship between aquaculture and wild salmon')

FNI Report 6/2016. Lysaker, FNI, 2016, 42 p.

This report is mainly a legal evaluation of the contents of and relationship between the legislation on salmon farming, wild salmon and the preservation of biological diversity, and Article 112 of the Norwegian Constitution. The report also gives an overview of the status of wild salmon in Norway, and associated adverse effect of salmon farming. The report finds that the legislation on aquaculture, wild salmon and biological diversity gives considerable discretion to the authorities, and few rights to citizens. In sum, this means that the legislator has not  implemented all measures that are necessary to ensure implementation of the rights expressed in the first and second paragraphs of Article 112. Against this background, it is concluded that  there is a significant room for employing Article 112 as an independent legal basis for claims in cases dealing with aquaculture's effects on wild salmon, especially when in relation to new or expanded farming activities, or when authorities fail to take action against existing farming activity that threatens wild salmon stocks.