NYTEK23 - English translation

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Regulations on technical standards for aquaculture installations for fish in the sea, lakes and watercourses

Section 1. Purpose

The Regulations are intended to help prevent fish escaping from aquaculture installations in the sea, lakes and watercourses by ensuring that the technical standard of the installations is satisfactory.

Section 2. Geographic and personnel scope of the Regulations

The Regulations apply to Norway’s land territory and its territorial waters, on the continental shelf and in the economic zone of Norway.

The Regulations apply to any party who holds or is obliged to hold an aquaculture licence pursuant to the Act of 17 June 2005 No 79 relating to Aquaculture (Aquaculture Act) for aquaculture of fish.

The Regulations apply to producers of goods and services for the aquaculture industry, including accredited inspection and certification bodies. 

Section 3. Material scope of the Regulations

The Regulations apply to aquaculture installations in the sea, lakes and watercourses and to components for such installations.

The Regulations do not apply to installations for storing wild-caught fish in recovery pens and temporary storage pens, or to catch-based aquaculture. 

Section 4. Definitions

For the purpose of these Regulations, the following definitions shall apply: 

   a) aquaculture installation: installation for aquaculture of fish,

   b) nonconformity: failure to comply with a requirement, that requires corrective action,

   c) major nonconformity: a nonconformity that constitutes a serious risk of fish escapes, and that requires immediate corrective action,

   d) tarpaulin: tightly woven textile material or a combination of textile and other materials in an enclosure,

   e) tarpaulin panel: tarpaulin in a frame that forms part of an enclosure,

   f) tarpaulin bag: bag-shaped tarpaulin that constitutes a barrier between the farming volume in an enclosure and the surrounding water mass,

   g) dynamic positioning system: a system that combines a power supply, thrusters and a control unit, which can be operated to maintain a fixed position automatically,

   h) auxiliary equipment: equipment other than main components, where actions from the equipment, or defects or deficiencies in the equipment, will lead to increased risk of fishescapes,

   i) floater: structures whose main function is to provide buoyancy and/or stiffness for an enclosure,

   j) raft/barge: detached or integrated structure with a total weight in excess of 50 tonnes, carrying technical equipment for aquaculture functions,

   k) mooring system: system of lines and bottom fixings whose main function is to hold an aquaculture installation or floating raft/barge in position,

   l) main component: a part of the aquaculture installation that performs one or more of the installation’s main load-bearing functions. For example the enclosure, floater, mooring system, raft/barge or integrated main component,

   m) licence holder: any party that holds or is obliged to hold an aquaculture licence pursuant to the Act of 17 June 2005 No 79 relating to Aquaculture (Aquaculture Act) foraquaculture of fish,

   n) enclosure: net bag or other system of load-bearing parts whose main function is to constitute the barrier between the farming volume in a production unit and the surrounding water mass,

   o) integrated main component: a main component that combines several main load-bearing functions in a single integrated unit,

   p) component: main component, structural part for mooring and auxiliary equipment,

   q) configuration: the aquaculture installation’s design layout, comprising main components and auxiliary equipment,

   r) mooring system structural part: chains, shackles, thimbles, rope, buoys, connectors, bottom fixings etc. forming part of the mooring system,

   s) supplier: any party who sells, hires out or in some other way supplies components or services to the aquaculture industry,

   t) temporary auxiliary equipment: auxiliary equipment that is in use on the aquaculture installation for a limited period or for limited service conditions,

   u) net panel: net in a frame that forms part of an enclosure,

   v) net bag: bag-shaped net that constitutes a barrier between the farming volume in an enclosure and the surrounding water mass,

   w) permanent auxiliary equipment: auxiliary equipment fitted to a main component or aquaculture installation without restrictions on its period of use or service conditions,

   x) positioning system: system for holding an aquaculture installation in position,

   y) producer: any party that produces components or services for the aquaculture industry.

   z) design: to document the basis for design, layout design, analyses, dimensioning, drawing and description of the construction of an aquaculture installation and its components,

   æ) traceability: the possibility of tracing the history, application or location of a product. Traceability concerns e.g. the origin of materials and parts, processing history, and the distribution and location of a product after delivery,

   ø) verification: investigation for the purpose of verifying compliance with regulatory requirements.

Section 5. Liability under these Regulations

The licence holder is responsible for ensuring that the requirements set out in these Regulations for the aquaculture installation and its components, and for the use and maintenance of these, are met.

Producers shall ensure that the goods and services they produce or supply meet the requirements set out in these Regulations. 

Section 6. Compliance documentation

It must be possible to document compliance with the requirements in these Regulations at all times. The documentation shall be in writing.

The requirements set out in Chapters 3, 4 and 5, as well as Sections 35 and 46 of these Regulations, can normally be met by applying NS 9415:2021.

If solutions other than those prescribed in NS 9415:2021 are used, for example European standards, national standards in the EEA or other international standards, it must be documented that the chosen solution meets the requirements in the Regulations and that the safety against failure or accident that may lead to fish escapes is equivalent to or better than that achieved by applying NS 9415:2021. 

Section 7. Expertise 

Any party who participates in activities covered by these Regulations shall possess the necessary professional expertise. 

Section 8. General requirements for design, construction, operation and maintenance

Aquaculture installations and components shall be designed, constructed, operated and maintained in accordance with best practice and best knowledge, and with satisfactory safety against any failure or accident that may lead to fish escapes.

All relevant requirements in Chapters 4 and 5 must be met during design and construction. Construction shall be in accordance with the production documentation.

All relevant requirements for operation and maintenance in Chapters 4, 5 and 9 shall be complied with.

Section 9. Requirements relating to site surveys

Prospective sites for aquaculture installations shall be surveyed in order to identify and quantify the following, as a minimum: 

   a) physical conditions at the site, including bottom topography and bottom conditions, and 

   b) environmental conditions at the site, including the following parameters: 

        1. tidal range and high/low water levels, 

        2. currents, 

        3. wind, 

        4. waves, and 

        5. ice and snow conditions, including icing, drift ice and freezing.

The site survey shall always be carried out and documented using best practice and best knowledge of practical and environmental conditions, including measurement and calculation methods.

The site survey shall be documented in a site survey report. Pursuant to Sections 8 and 11, the site survey report must be suitable for use as the basis for design of the aquaculture installation on the site.

The site survey report shall record procedures and describe how the data and measurements were collected and processed.

The site survey report shall contain a topographical chart of the site, showing the following as a minimum: 

   a) reference points for current measurements, 

   b) report points for wave measurements, 

   c) the area on the site where the aquaculture installation may be located.

The site survey and site survey report must at all times give a representative picture of the entire area in which the aquaculture installation may be located.

The site survey report shall be available at the aquaculture installation in question or at the installation’s base on land.

Section 10. Requirements relating to inspection bodies undertaking site surveys

The site survey and updates shall be performed and documented by an inspection body that is accredited to perform site surveys, cf. Section 26.

An accredited inspection body may use subcontractors to perform some of the services that form part of the site survey, to the extent permitted by the inspection body’s accreditation.

Section 11. Requirements relating to design, loads and capacity

Aquaculture installations shall be designed to be fit for purpose, ensuring that: 

   a) components function together in a safe manner and are adapted to each other to prevent fish from escaping, 

   b) unintentional contact between components does not occur, 

   c) there is adequate security against fish escapes resulting from wave overtopping and pull-down, and 

   d) regular servicing and maintenance are facilitated.

Loads that may impact on an aquaculture installation and its components, including in accident situations, shall be established. Where several loads may occur simultaneously, the least favourable load combination shall be applied. Environmental loads used in dimensioning against structural failure shall have a return period of at least 50 years.

Environmental loads shall be established on the basis of environmental conditions on the site, cf. Section 9.

An aquaculture installation and its components shall at all times have adequate capacity to withstand loads and load combinations that may arise during their design working life and service life extension.

Section 12. Control of design and construction

Persons or organisations that design or construct auxiliary equipment in reliability class 2, or main components in reliability classes 2 or 3, shall carry out a self-check and internal systematic control of these activities. External enterprises shall carry out extended control of the design and construction of main components in reliability class 3.

Reliability class 3 requirements apply to control of design and construction of: 

   a) enclosures and floater, if the number of fish in a single enclosure exceeds 200,000 individuals, 

   b) floater, if the number of fish in a floater exceeds 200,000 individuals, 

   c) positioning systems, if the number of fish in a positioning system exceeds 1,500,000 individuals, and 

   d) main components in aquaculture installations on sites where the significant wave height may exceed 5 metres in a sea state with a return period of 50 years or more, cf. Section 9.

Otherwise, control of design and construction of main components and auxiliary equipment shall meet the requirements for reliability class 2.

Different main components may be in different reliability classes. Parts of a main component that have no impact on fish escapes may be in a different reliability class than the rest of the main component.

Section 13. Requirements relating to materials

Materials used in or on aquaculture installations shall have characteristics that provide the aquaculture installation and its components with satisfactory capacity and durability for the duration of the design working life.

Materials shall be selected taking into account: 

   a) load requirements, cf. Section 11, 

   b) service and operating conditions that may arise during the design working life, and 

   c) plans for inspection, maintenance, repair and replacement. 

Section 14. Requirement for traceability

Producers and suppliers of aquaculture installations and their components shall have tracing and nonconformity management systems in place to ensure that the duty stipulated in Section 44 can be fulfilled.

Section 15. Requirements relating to marking

Certified products, products whose service life has been extended pursuant to Chapter 7 and auxiliary equipment shall be marked with a unique product or serial number so that each product is identifiable.

Fibre ropes are exempt from the requirement in the first paragraph and shall be marked with the name of the rope manufacturer and the standard to which it has been manufactured.

Marking pursuant to the first and second paragraphs shall be legible, permanent, durable and tamper-proof.

Section 16. Requirements relating to user manuals

Producers and suppliers of certified products pursuant to Chapter 7, and of auxiliary equipment, shall supply a user manual with the product that provides clear instructions for transport, storage, installation, use and maintenance of the product. As a minimum, the user manual shall contain: 

   a) information about the producer and product identification, 

   b) a description of the component and its constituent parts, 

   c) a description of interfaces with other main components and auxiliary equipment. 

   d) requirements for installation, 

   e) requirements for use,

   f) requirements for servicing and maintenance, 

   g) requirements for transport and storage, 

   h) version history showing amendments to the user manual, and 

   i) the version number of the user manual. 

The user manual shall state the versions of the product to which it applies.

The user manual shall be available at the aquaculture installation where the certified product or auxiliary equipment is used, or at the installation’s base on land.

Section 17. Requirements relating to integrated main components

An integrated main component shall meet the requirements for all main components that form part of the integrated main component. 

Section 18. Requirements relating to enclosures

An enclosure shall have sufficient load-bearing capacity to fulfil its main function, cf. Section 4 letter n).

The mesh opening in a net bag or net panel shall be appropriate for the size of the fish, so that the fish cannot pass through the net bag or net panel.

The inflow and outflow in a closed enclosure shall be secured against fish escapes. A closed enclosure shall be secured against overfilling that may lead to fish escape. A closed enclosure that depends on internal overpressure to maintain its shape shall have inbuilt redundancy to prevent loss of overpressure.

Section 19. Requirements relating to floater

Floater shall have sufficient buoyancy, stability and load-bearing capacity to fulfil their main function, cf. Section 4 letter i).

Section 20. Requirements relating to floating rafts/barges

Floating rafts/barges shall have sufficient buoyancy, stability, freeboard and load-bearing capacity to fulfil their main function, cf. Section 4 letter j).

Section 21. Requirements relating to mooring and positioning systems

Mooring and positioning systems shall have sufficient capacity to hold the aquaculture installation in position.

Dynamic positioning systems shall be designed so that the position can be maintained during defined failures and damage to the system, as well as during accidents.

Section 22. Requirements relating to mooring analysis

A mooring analysis is required for aquaculture installations with mooring systems.

The mooring analysis shall: 

   a) document that the mooring system provides secure mooring at the site, 

   b) be based on the site survey, cf. Section 9, and 

   c) give a representative picture of the aquaculture installation on the site.

Mooring analysis documentation shall as a minimum contain the following information: 

   a) the site to which the analysis applies, 

   b) the assumptions, calculation methods and loads used in the mooring analysis, 

   c) results of the calculations, 

   d) description of the analysed installation configuration and the installation configurations for which the analysis is representative, 

   e) a drawing or map of the whole mooring system depicting all main components in the installation,

   f) reliability class, and 

   g) declaration that the mooring system deployed conforms to the analysis.

The mooring system documentation shall be available on the aquaculture installation to which it applies, or on the installation’s base on land.

Section 23. Requirements relating to deployment and inspection of mooring systems

Deployment of the mooring system shall be documented in a deployment report. The deployment report shall document the design and characteristics of the mooring system, and the results of holding power tests for bottom and land fixings.

The mooring system shall be inspected after the holding power test has been carried out and before the installation certificate is issued, and shall be documented in a mooring system inspection report. The mooring system inspection report shall document the state of the mooring system, confirm that the structural components are installed in accordance with the user manual and record the positions of bottom and land fixings.

There must be conformity at all times between the deployed mooring system and the mooring analysis, cf. Section 22. The declaration of conformity shall be included in the mooring system documentation, after the mooring system has been deployed and inspected. If changes are made to the mooring system, beyond any tolerances in the mooring analysis, a new mooring analysis shall be performed to document conformity.

The deployment report and mooring system inspection report shall be available on the aquaculture installation to which the reports apply, or on the installation’s base on land.

Section 24. Requirements relating to auxiliary equipment

Auxiliary equipment shall be designed to minimise the risk of fish escapes.

Auxiliary equipment that may come into contact with an enclosure shall be specially designed to avoid damage to the enclosure.

Permanent auxiliary equipment shall be capable of withstanding the loads for which the aquaculture installation is designed.

Limitations on the use of temporary auxiliary equipment shall be defined.

Section 25. Requirements relating to accredited certification bodies

Certification bodies that are to certify products shall be accredited pursuant to current Norwegian or European standards, national standards in the EEA or international accreditation standards for this purpose.

Accredited certification bodies shall be accredited in areas that are relevant and adequate for the activities to be performed by certification bodies.

Accredited certification bodies shall inform Norwegian Accreditation about any rejection of an application for a verification of product certification, and about any suspension or revocation of verification of product certification. It shall be clear from the information what product it concerns and the grounds for rejection, suspension or revocation.

Section 26. Requirements relating to accredited inspection bodies

Inspection bodies that are to carry out site inspections and issue installation certificates or service life extension certificates shall be accredited pursuant to the applicable Norwegian or European standard, national standard in the EEA or international accreditation standard for inspection bodies.

Accredited inspection bodies shall meet the requirements for independence type A or C pursuant to applicable Norwegian or international accreditation standards for inspection bodies.

Accredited inspection bodies cannot issue installation certificates for aquaculture installations or service life extension certificates for main components if the body itself has supplied main components for or participated in the design or construction of all or parts of the installation. Nor shall accredited inspection bodies that issue installation certificates or service life extension certificates have any personal or financial connection to design or construction enterprises that may influence their independence of judgement. Accredited inspection bodies may nonetheless perform mooring analyses, cf. Section 22, and issue installation certificates for the same aquaculture installation if the mooring analysis was performed as an accredited service and the inspection body meets the requirements for independence type A. In such cases, the installation certificate cannot be issued by the person who performed the mooring analysis.

Accredited inspection bodies shall be accredited in areas that are relevant and adequate for the activities to be performed by inspection bodies.

Accredited inspection bodies shall inform Norwegian Accreditation about any rejection of an application for a service life extension certificate and installation certificate, and about any revocation of an installation certificate. It shall be clear from the information what product or aquaculture installation it concerns and the grounds for rejection, suspension or revocation.

Section 27. Requirements relating to accreditation

Accreditation as mentioned in Sections 25 and 26 shall be carried out by Norwegian Accreditation or another accreditation body that is a signatory to the relevant multilateral agreements on mutual international recognition and is established in an EU/EEA member state.

Section 28. Requirements for product certification

Main components and structural parts in a mooring system shall be product certified by an accredited certification body, cf. Section 25.

Section 29. Requirement for verification of product certification

By issuing verification of product certification, an accredited certification body confirms that the main components and structural parts of a mooring system meet the relevant requirements in Chapters 4 and 5.

By issuing verification of product certification, an accredited certification body confirms that the producer’s quality system meets the requirements set out in Section 33. At least every second year, an accredited certification organisation shall audit the producer to ensure that the quality system is maintained and complied with.

The availability of a user manual is a condition for product certification, cf. Section 16.

The verification of product certification shall be issued to the producer or supplier.

Section 30. Requirements relating to the verification of product certification

The verification of product certification shall contain the following information:

   a) the certification body’s name, logo, address, accreditation number and signature, 

   b) product name, product type and a clear description of the product, 

   c) a unique number identifying the verification of product certification, 

   d) the date on which the verification of product certification was issued, 

   e) the date and validity period of the product certification, 

   f) the scope of the product certification, 

   g) the standards on which product certification is based, 

   h) reliability class and validity criteria for the product certification, 

   i) name and address of the party holding the verification of product certification, 

   j) name and address of the producer, 

   k) name and address of the supplier, and 

   l) the accreditation mark of Norwegian Accreditation or another recognised accreditation body.

A list of the supporting documentation on which the product certification was based shall be enclosed with the verification of product certification. 

Section 31. Requirement for product certificate

A product certificate shall be issued for products that have been certified, cf. Section 28, and that have a corresponding verification of product certification, cf. Sections 29 and 30. The producer or supplier shall provide a product certificate with the certified product.

Section 32. Requirements relating to the product certificate

The product certificate shall contain the following information: 

   a) the producer’s name, logo, address and signature, 

   b) name and address of the party holding the verification of product certification, 

   c) unique number of the verification of product certification, 

   d) the certification body that issued the verification of product certification, 

   e) product name, product type and a clear description of the product, 

   f) the date on which the product certificate was issued, 

   g) validity criteria, including design working life and production date, 

   h) the product’s unique product number or serial number, 

   i) the loads that the product shall have the capacity to withstand for the duration of its design working life, 

   j) reliability class, cf. Section 12, and 

   k) the standards on which the product certification is based.

The product certificate shall be available on the aquaculture installation where the product is being used, or on the installation’s base on land.

Section 33. Requirements relating to the producer’s quality system

The producer of a product covered by a requirement for product certification shall be able to present documentation describing the enterprise’s quality system. All conditions, requirements and regulations the producer has taken into account shall be systematically documented in the form of written actions, procedures and instructions. The quality system documentation shall ensure a uniform interpretation of quality programmes, plans, manuals and registers.

In particular, the documentation shall contain a thorough description of: 

   a) quality goals and organisational structure, as well as the management’s responsibility and authority relating to product quality, 

   b) the production processes, quality control and quality assurance methods, and the systematic methods and procedures that will be applied, 

   c) the examination and testing that will be carried out before, during and after production, including a specification of frequency, and a specification of tolerance limits and criteria for what constitutes an approved product, 

   d) the quality registers, for example inspection reports, control and calibration data, reports on the qualifications of the personnel used etc. 

   e) the possibilities to verify that the required product quality is achieved and that the quality system functions effectively. 

Section 34. Extension of service life

Main components and structural parts of the mooring system shall have their service lives extended before continuing to be used beyond the design working life on which the product certificate, the validity period of the main component certificate or the validity period of a previous service life extension.

Net bags, net panels, tarpaulin bags and tarpaulin panels are exempt from the requirements in this provision.

Service life extension certificates can only be issued by an accredited inspection body and shall confirm that the conditions in Section 35 are met. The service life extension certificate shall also contain the following information: 

   a) product name, product type and a clear description of the product, 

   b) the inspection body’s name, logo, address, accreditation number and signature, 

   c) a unique number for the service life extension certificate, with reference to all previous product certificates, main component certificates and service life extension certificates, 

   d) the loads that the product shall have the capacity to withstand for the duration of its extended service life, 

   e) date of verification of the service life extension and the date when the service life extension expires, 

   f) reliability class, cf. Section 12, and 

   g) the standards on which the product verification is based.

The service life extension certificate shall be available on the aquaculture installation where the product is being used, or on the installation’s base on land.

Section 35. Conditions for extension of service life

Before a service life extension certificate is issued, the following shall be carried out: 

   a) examination, to the extent necessary, of the main component or representative structural parts in the mooring system, 

   b) determination of the state of the main component or structural part at the time of verification, making adequate allowance for uncertainty, and 

   c) determination of any anticipated deterioration in the capacity or durability of the main component or structural part, making adequate allowance for uncertainty.

An accredited inspection body may only issue a service life extension certificate for a specified period if it has been verified that: 

   a) the main component or structural part meets the requirements set out in Section 11, Section 13 and Chapter 5 during the specified period of extended service life, 

   b) the main component or structural part meets the requirements set out in Section 15, and 

   c) a user manual is available with updated requirements for maintenance and scrapping.

If the activities pursuant to the first and second paragraphs are not performed by an accredited inspection body, the inspection body shall verify that the work performed meets the requirements set out in the first and second paragraphs.

A service life extension certificate shall have a validity of minimum two years and maximum five years.

Section 36. Requirement for installation certificate

All aquaculture installations shall have an installation certificate issued by an inspection body accredited to issue installation certificates, cf. Section 26. The installation certificate is issued for one aquaculture installation in one site.

Aquaculture installations that do not have an installation certificate cannot be used for aquaculture.

Section 37. Conditions for issuing the installation certificate

The condition for issuing the installation certificate is that an accredited inspection body has verified that: 

   a) the aquaculture installation meets the requirements in Section 11, 

   b) the aquaculture installation’s components meet the requirements in Section 12, 

   c) the mooring and positioning system meets the requirements in Section 21, 

   d) the mooring analysis meets the requirements in Section 22, 

   e) the deployment report and mooring system inspection report meet the requirements in Section 23,

   f) necessary product certificates, cf. Section 31, service life extensions, cf. Section 34, and main component certificates are available, 

   g) a site report is available, cf. Section 9, 

   h) the aquaculture installation’s components are in sound technical condition and are installed in accordance with the user manual.

If the aquaculture installation is not used for aquaculture at the time when the installation certificate is issued, the condition in the first paragraph letter h) can be disregarded. In such case, the following requirements apply instead: 

   1) the licence holder shall present the accredited inspection body with procedures that show how it is to be verified that the aquaculture installation’s components are in sound technical condition and will be installed in accordance with the user manual before use, 

   2) the accredited inspection body shall, as far as reasonably practicable, verify that the presented procedures are sufficient to serve their intended purpose before the installation certificate is issued,

   3) no later than the day on which the first fish is deployed, the licence holder shall notify the accredited inspection body of the time of deployment, 

   4) no later than 30 days after the first fish has been deployed, the accredited inspection body shall have verified that the aquaculture installation’s components are in sound technical condition and are installed in accordance with the user manual, and

   5) if verification under number 4) is not completed within 30 days of the first fish being deployed, the accredited inspection body shall revoke the installation certificate and immediately notify the Directorate of Fisheries in the manner prescribed by the Directorate.

If the accredited inspection body discovers nonconformities during verification pursuant to the first paragraph letter h) or the second paragraph above, these must be closed within a reasonable deadline set by the accredited inspection body. This type of nonconformity does not prevent the issuing of an installation certificate. If the identified nonconformity is not closed before the set deadline, the accredited inspection body shall revoke the installation certificate and immediately notify the Directorate of Fisheries in the manner prescribed by the Directorate.

If the accredited inspection body discovers major nonconformities during verification pursuant to the first paragraph letter h) or the second paragraph number 2) above, an installation certificate shall not be issued until they are closed. If the accredited inspection body discovers major nonconformities during verification pursuant to the second paragraph number 4), the accredited inspection body shall ensure that the licence holder takes immediate corrective action and that major non-conformities are subsequently closed. If this is not done, the accredited inspection body shall revoke the installation certificate and immediately notify the Directorate of Fisheries in the manner prescribed by the Directorate.

Section 38. Requirements relating to the installation certificate

The installation certificate shall document that the conditions in Section 37 are met. The following shall also be specified in the installation certificate: 

   a) the inspection body’s name, logo, address, accreditation number and signature, 

   b) the accreditation mark of Norwegian Accreditation or an equivalent recognised accreditation body,

   c) the certificate’s date of issue and expiry date, 

   d) unique site number for the site where the aquaculture installation is located, 

   e) design environmental conditions, 

   f) any nonconformities that exist under Section 37 third paragraph and the deadline for closing them,

   g) audit log. 

Section 39. Documentation of installation configuration

The installation certificate shall describe the configuration of the aquaculture installation at the time of verification pursuant to Section 37 letter h) or Section 37 second paragraph number 4). The installation certificate shall also describe the installation’s possible future configuration. No changes may be made to the installation’s configuration beyond what is described in the installation certificate without obtaining a new or updated installation certificate.

The installation’s configuration shall be described as per the requirements in letters a–f: 

   a) for enclosures: layout design, dimensions, material, solidity, inflation system, number of enclosures and position(s), 

   b) for floater: layout design, dimensions, material, number of floater and position(s), 

   c) for floating rafts/barges: layout design, dimensions, material, position(s) and whether rafts/barges have a separate mooring system or share a mooring system with the rest of the installation, 

   d) for mooring systems: information about the whole mooring system and a drawing or map showing all main components in the installation, 

   e) for integrated main components: layout design, dimensions, material, number and position of main components in the installation, 

   f) for permanent auxiliary equipment; information about use and position.

The holder of the aquaculture licence is obliged to maintain a log of all replacement and replaced main components and structural components in the mooring system on the site. 

The installation certificate and log of main components and structural components in the mooring system shall be available on the aquaculture installation to which the installation certificate applies, or on the installation’s base on land.

Section 40. Updating an existing installation certificate

An accredited inspection body can update an existing installation certificate. When nonconformities are identified and closed pursuant to Section 37 third paragraph, an accredited inspection body shall update the existing installation certificate.

When updates are made, the accredited inspection body shall: 

     a) carry out a partial audit verifying that the requirements in Section 37 are met for the parts of the installation affected by the update, and 

     b) enter the partial audit in the installation certificate’s audit log with the audit number, date of update and description of the content of the update. 

Section 41. The installation certificate’s validity period

The installation certificate is valid for five years from the date of issue. When an existing installation certificate is updated, the original expiry date is not changed.

The aquaculture installation shall at all times be in conformity with the conditions set out in the installation certificate.

Section 42. Reporting 

An inspection body that issues an installation certificate pursuant to this chapter shall, no later than two weeks after issue, send a copy of the installation certificate and the data supporting the issue of the certificate to the Directorate of Fisheries in the manner prescribed by the Directorate.

Section 43. Installation, adaptation, operation and maintenance

The aquaculture installation shall at all times be in sound technical condition. Components forming part of the aquaculture installation shall: 

   a) be assembled correctly at all times and adapted to each other in accordance with the installation certificate and with requirements set out in these Regulations and in user manuals, and 

   b) be operated and maintained in accordance with requirements set out in the user manual, cf. Section 16.

In connection with necessary, temporary operations on aquaculture installations, the requirement in the first paragraph letter a) may be deviated from for a short period if the operations are subject to close monitoring and performed under controlled conditions.

Section 44. Duty to take action in the event of nonconformities, notification obligation etc.

If a producer or supplier of products or services to the aquaculture industry is or should be aware of nonconformities in their own products or services that may lead to fish escaping, they are obliged to take appropriate action to close the nonconformities without undue delay. The producer or supplier shall immediately notify the Directorate of Fisheries and recipients of the product or service about the nonconformity.

If a holder of an aquaculture licence is aware or should be aware of nonconformities in products or services that may lead to fish escaping, the licence holder is obliged to take appropriate action to prevent or limit fish escapes without undue delay. The licence holder shall immediately notify the Directorate of Fisheries and the supplier of the product or service about the nonconformity.

Notification of nonconformities pursuant to the first and second paragraphs above shall be submitted to the Directorate of Fisheries in the manner prescribed by the Directorate.

Section 45. Requirements relating to certification for examination and repair of net bags, net panels, tarpaulin bags and tarpaulin panels

A service producer that is to examine or repair net bags, net panels, tarpaulin bags and tarpaulin panels shall have a certification document issued by an accredited certification body, cf. Section 26.

The certification document shall as a minimum contain the following information: 

   a) the service producer’s name, address and organisation number, 

   b) the certification body’s name, logo, address, accreditation number and signature, 

   c) a unique number for the certification document, 

   d) the date when the certificate was issued, 

   e) the standards on which certification of the enterprise is based, and 

   f) the services for which the enterprise is certified. 

Section 46. Requirement for examination and repair of net bags, net panels, tarpaulin bags and tarpaulin panels

Net bags, net panels, tarpaulin bags and tarpaulin panels shall have a service card issued by a certified service producer, cf. Section 45, no later than 24 months after they are taken into use and in the event of use exceeding the service life assumed in the product certificate.

Conditions for issuing a service card are that the certified enterprise has:

   a) examined and made any necessary repairs to the whole net bag, net panel, tarpaulin bag or tarpaulin panel, and 

   b) verified that the net bag, net panel, tarpaulin bag or tarpaulin panel meets the requirements in Section 11, Section 18 and in the user manual, cf. Section 16.

The service card shall contain the following information: 

   a) the certified service producer’s name, address and signature, 

   b) identification of the certification document for the certified enterprise, 

   c) identification of the net bag, net panel, tarpaulin bag or tarpaulin panel, 

   d) acceptance criteria and results of examinations, 

   e) description of the location and extent of any damage, 

   f) description of any repairs, 

   g) the service card’s validity period.

A certified service producer establishes the service card’s validity period. The service card’s validity period can be up to 24 months.

A certified service producer can extend the validity period for the service card or product certificate once by up to four months, if the certified service producer has carried out an examination showing that the net bag, net panel, tarpaulin bag or tarpaulin panel is in a satisfactory state. For net bags, net panels, tarpaulin bags or tarpaulin panels used for halibut aquaculture, the validity period of the service card or product certificate may be extended once by up to 12 months, if the certified service producer has carried out an examination showing the state of the enclosure to be satisfactory.

If a licence holder is or should be aware of damage to a net bag, net panel, tarpaulin bag or tarpaulin panel that could result in fish escaping, the licence holder shall ensure that a certified service producer examines and, if necessary, repairs the component in question as soon as possible.

Local and temporary mending required to prevent fish escapes while the net bag, net panel, tarpaulin bag or tarpaulin panel is in use is not deemed to constitute ‘repair’ under this provision. Local and temporary mending of a net bag, net panel, tarpaulin bag or tarpaulin panel shall either be examined and approved, or repaired, by a certified service producer.

Documentation recording examination, repair and approval of mending shall accompany the net bag, net panel, tarpaulin bag or tarpaulin panel, A certified service producer shall consider whether mending or repair affects the service card’s validity period or the remaining design working life for the product certificate, and, if necessary, shorten this.

Section 47. Right of dispensation

The Directorate of Fisheries may grant dispensation from these Regulations in special cases.

Section 48. Penal sanctions and other sanctions for violation

Violations of the Regulations or decisions made pursuant to the Regulations may lead to penal and other sanctions pursuant to the Act of 17 June 2005 No 79 relating to aquaculture.

Section 49. Entry into force and repeal of the Regulations

The Regulations enter into force on 1 January 2023. The Regulations of 16 August 2011 No 849 relating to requirements for technical standards for floating aquaculture installations are repealed with effect from the same date.

Section 50. Transitional provisions

Until 1 January 2024, licence holders and producers of goods and services can choose whether to meet the requirements in these Regulations or the Regulations of 16 August 2011 No 849.

Product certificates, main component certificates and installation certificates issued before 1 January 2024 pursuant to the Regulations of 16 August 2011 No 849, and any restrictions therein, will continue to be valid after 1 January 2024.

Installation certificates issued pursuant to the requirements in the Regulations of 16 August 2011 No 849 cannot be updated after 31 December 2023.