A Norwegian court of appeals has upheld an earlier decision by the country’s Directorate of Fisheries regarding a salmon escape at an Aller Aqua Norway operation in 2022 and fined the company NOK 5 million (USD 529,000, EUR 450,000).
Roughly 35,000 salmon escaped an Aller Aqua facility in Vadheim in Sognefjord four years ago, which the company identified after finding a 4-by-4-meter hole in its net pen. Soon after, the directorate ordered the company to monitor and remove escaped fish from 11 nearby waterways.
After the escape, the directorate investigated and said it found deficiencies at the company that led it to report the case for not meeting legal standards. After the referral, authorities issued an NOK 4.5 million (USD 476,000, EUR 405,000) fine.
The case ultimately went to court after Aller Aqua refused to pay, according to the directorate. The Norwegian Directorate of Fisheries won the initial case and has now won the follow-up appeal, which increased the fine.
“This is a thorough ruling that largely coincides with the Directorate of Fisheries' assessment of the seriousness of the case. The Court of Appeal determines that the violations are serious and increases the level of fines significantly,” Norway Director of Fisheries Frank Bakke-Jensen said in a release. “The ruling makes it clear that it is the farmer who is responsible for technically and environmentally sound operations. When escapes occur as a result of irresponsible operations, there should be consequences.”
According to the directorate, its investigations revealed 11 different instances of noncompliance, and the courts determined the risks were known and necessary checks of the net were not carried out by the company.
“The case shows how serious the consequences can be when basic requirements for risk assessment and implementation are not followed. This underlines the importance of systematic work on preventing escapes,” Bakke-Jensen said.
The fine is also higher due to the fish that escaped suffering form pancreatic disease and because they were sexually mature.
The Directorate of Fisheries said the cause of the escape was a lack of risk assessment, inadequate grounding, and a lack of control of the seine during a risky operation.
“This case also illustrates the importance of good cooperation between administration and police in the follow-up of serious incidents,” Bakke-Jensen said.
The latest judgement is not final, according to the directorate.
