Amendments to the Svalbard Environmental Protection Act provides better protection for polar bears and seabirds
News story | Date: 30/05/2024 | Ministry of Climate and Environment
Norway’s Parliament – Stortinget – has adopted the Government’s proposal for amendments to the Svalbard Environmental Protection Act to reduce disturbance of polar bears and seabirds.
The Norwegian Parliament has decided to tighten up the rules on polar bears, ban the use of drones near selected bird cliffs, adopt amendments to the provisions on contravention charges for violations of the Svalbard Environmental Protection Act, and amendments to regulations on clean-up upon cessation of operations. In addition, the Parliament has also enabled a delegation of authority to follow up illegal acts and to charge fees for private planning proposals.
Protecting Svalbard’s distinctive natural wilderness is one of the overarching goals of Norway’s policy for Svalbard. Nature and wildlife must be preserved with virtually no impact from activities on Svalbard, and environmental considerations have priority in conflicts between environmental protection and other interests.
“The main features of the Svalbard Environmental Protection Act have remained unchanged since 2002. Since then, the number of people and levels of traffic on Svalbard have grown, and polar bears are at greater risk of being disturbed than before. In addition, several of the seabird species on Svalbard are on the Norwegian Red List of threatened species. There is therefore a need to tighten the rules to improve protection of these species,” says Minister of Climate and Environment, Andreas Bjelland Eriksen.
Svalbard is a highly attractive destination for anyone who wants to experience pristine nature and wildlife in the Arctic. Many people also want to see wildlife, especially polar bears. As a growing number of people come to Svalbard, the archipelago is simultaneously undergoing the fastest climate changes on the planet.
“Climate change is leading to more difficult conditions for polar bears on Svalbard. It is important for them to be able to search for food, hunt, rest, and take care of their cubs without interference from humans. That is why we must keep a good distance. Keeping a good distance will also ensure that dangerous situations do not arise and that polar bears do not get used to humans over time,” says Bjelland Eriksen.
The amendments regarding contravention charges, clean-up upon cessation of operations, and delegation of authority will contribute to a good and efficient decision-making process for the environmental protection administration.
The amendments adopted will come into force 1 January 2025.
Tightening of the regulations on polar bears – section 30a of the Svalbard Environmental Protection Act
The prohibition against unnecessarily disturbing, luring or pursuit of polar bears will continue to apply. In addition, there will be a requirement to keep a 300 metres’ distance from polar bears, 500 metres in the period from 1 March to 30 June when polar bears are particularly vulnerable to disturbances. If you encounter a polar bear closer than the distance requirement, you have a duty to retreat to a legal distance. Coming upon a polar bear unwittingly and without fault is not punishable, but you must retreat when the polar bear is discovered. The distance requirement does not apply in inhabited areas, or to people staying in research stations, cabins, tents, or similar facilities.
Prohibition on the use of drones near bird cliffs – section 30 subsection three of the Svalbard Environmental Protection Act
To protect nesting birds against noise and disturbance, the use of unmanned aerial vehicles (drones) near bird cliffs will be prohibited between 1 April and 31 August. A bird cliff is a large concentration of birds on a steep mountain face. The Svalbard map at the Norwegian Polar Institute’s website indicates where larger concentrations of birds can be found, but it does not provide a complete overview. The ban applies to all types of drones, regardless of size, noise level, and frequency.
Contravention charge – section 96a of the Svalbard Environmental Protection Act
The right to impose a contravention charge for violations of the law has been extended to include more rules than it does today.
Delegation – sections 51, 65, 87, 89, 90, 91, 93, 96, 96a, and 97 of the Svalbard Environmental Protection Act
- The legal authority to issue regulations on charges for the processing of private proposals in Longyearbyen may be delegated to the Longyearbyen Community Council.
- Rules on supervision, enforcement (sections 65, 87, 89, 90, 91, 93, 96 and 97), and sanctions (section 96a) may be delegated. The Ministry will decide which powers are to be delegated to the Longyearbyen Community Council and to what extent. The Longyearbyen Community Council cannot use the powers before delegation from the Ministry is in place.
Clean-up – section 64 of the Svalbard Environmental Protection Act
The content of the duty to clean up areas and restore them to their original condition has been clarified in line with practices established through the clean-up operations in Svea.