Report No.Report 22 (2008–2009) to the Storting Report No. 22 (2008–2009) to the Storting

Published by: Norwegian Ministry of Justice and the Police Svalbard

Internet address: www.government.no

Cover illustration: Norwegian Polar Institute 2009

Printed by: 07 Aurskog AS – 03/2010 Svalbard

ER J¯M KE IL T M

2 4 9 1 7 3 Trykksak Report No. 22 (2008–2009) to the Storting

Svalbard

Translation from the Norwegian. For information only.

Table of contents

1 Summary ...... 7 3.1.5 Treaty limitations on the exercise 1.1 Svalbard policy entering a new era. 7 of authority ...... 21 1.2 Instruments in Svalbard policy . . . . 8 3.1.6 Research and other matters ...... 23 1.3 Challenges in particular sectors . . . 8 3.2 International agreements of 1.3.1 Visible presence in Svalbard – coal particular importance to Svalbard. . 23 mining and other industrial activity 8 3.2.1 The EEA Agreement and the 1.3.2 Svalbard is to be one of the world’s agreement with the EU ...... 23 best managed wilderness areas – 3.2.2 The WTO Agreement, including tourism and other traffic ...... 9 GATT and GATS...... 24 1.3.3 Svalbard’s role as a platform for 3.2.3 The Schengen Agreement...... 24 Norwegian and international research, knowledge and education 10 4 Main objectives and 1.4 Environmental protection ...... 10 instruments...... 25 1.5 Research, knowledge and higher 4.1 Objectives of Norwegian policy education ...... 11 towards Svalbard ...... 25 1.6 Industrial, mining and commercial 4.1.1 The overriding objectives remain activity ...... 11 unchanged...... 25 1.7 Longyearbyen and the other local 4.2 Review and discussion of the communities ...... 12 objectives...... 25 1.8 Sea and air – transport, safety, 4.2.1 Effective exercise of sovereignty . . 25 search and rescue and emergency 4.2.2 Preservation of the area’s unique preparedness...... 12 natural wilderness – environmental protection ...... 25 2 Background – purpose of 4.2.3 A robust settlement in the report...... 13 Longyearbyen – a viable local 2.1 The objectives of Norwegian policy community ...... 26 towards Svalbard ...... 14 4.2.4 Svalbard as a research platform . . . 28 2.2 Svalbard and the High North . . . . . 14 4.3 Instruments in Norway’s policy 2.3 Developments in Svalbard towards Svalbard ...... 29 since 2000 ...... 15 4.3.1 Introduction ...... 29 2.4 Climate change – challenges and 4.3.2 Acts and regulations...... 29 opportunities ...... 17 4.3.3 Central administration ...... 30 2.4.1 Svalbard in a global context...... 17 4.3.4 The Governor of Svalbard ...... 30 2.4.2 Local impacts in Svalbard ...... 18 4.3.5 Public finances ...... 31 2.4.3 A new era – challenges and 4.3.6 State ownership ...... 31 opportunities ...... 18 4.3.7 Local administration by the 2.5 The Office of the Auditor General’s Longyearbyen Community performance audit of Svalbard . . . . 19 Council...... 32

3 Framework under international 5 Legislation ...... 34 law ...... 20 5.1 Introduction ...... 34 3.1 Basis for Norwegian sovereignty . . 20 5.2 Principles governing the 3.1.1 The Svalbard Treaty...... 20 application of legislation in Svalbard 34 3.1.2 The outcome of negotiations 5.2.1 Introduction ...... 34 and the significance of Norwegian 5.2.2 Section 2 of the Svalbard Act...... 35 sovereignty ...... 20 5.2.3 Should the principle in Section 2 3.1.3 Principles of interpretation ...... 21 of the Svalbard be inverted? ...... 35 3.1.4 Geographic scope of application . . . 21 5.2.4 Section 4 of the Svalbard Act – the authorisation provision ...... 37 5.2.5 Scope of application ...... 38 8.3.5 The International Polar Year 5.3 Commercial and company 2007–2008 (IPY) ...... 75 legislation...... 38 8.4 Challenges, opportunities and 5.4 Working environment legislation . . 39 principles ...... 75 5.4.1 Enforcing the Working 8.4.1 Environmental constraints ...... 75 Environment Act in Svalbard ...... 40 8.4.2 Worth promoting ...... 76 5.5 Social welfare legislation ...... 40 8.4.3 Quality, division of labour and 5.5.1 General health legislation ...... 40 cooperation ...... 78 5.5.2 The National Insurance Act ...... 41 8.5 Special policy instruments and 5.5.3 The Child Benefit Act and the Cash measures ...... 79 Benefit Act ...... 42 8.5.1 Further development of Svalbard 5.5.4 The Education Act...... 42 as an international research 5.6 Immigration and other aliens platform – SIOS ...... 80 legislation...... 42 8.5.2 Transfer of data ...... 80 8.5.3 Time series for monitoring and 6 Administration ...... 44 research – East Svalbard ...... 81 6.1 Introduction ...... 44 8.5.4 Polar recruitment ...... 81 6.2 Central administration ...... 44 8.5.5 Bilateral and multilateral 6.2.1 The Interministerial Committee cooperation ...... 81 on Polar Affairs ...... 44 8.5.6 Earmarked for Svalbard ...... 82 6.2.2 The Svalbard budget...... 44 8.5.7 Coordinating the diversity ...... 82 6.3 Local administration ...... 45 6.3.1 The Governor of Svalbard ...... 45 9 Industrial, mining and 6.3.2 Longyearbyen Community Council 51 commercial activity ...... 84 6.3.3 Other central government agencies 51 9.1 Coal mining – Store Norske Spitsbergen Kulkompani AS ...... 84 7 Environmental protection ...... 53 9.1.1 Company history...... 84 7.1 Introduction ...... 53 9.1.2 Developments in the company 7.2 Main objectives ...... 55 since the previous Report to the 7.3 Policy instruments and Storting on Svalbard ...... 84 achievement of objectives ...... 55 9.1.3 Coal mining at present ...... 85 7.3.1 Status and achievement of 9.1.4 Safety and environment ...... 86 objectives ...... 55 9.1.5 Store Norske’s plans for future coal 7.3.2 Current policy instruments ...... 56 mining in Svalbard ...... 86 7.4 Special challenges and measures . . 58 9.2 Tourism ...... 91 7.4.1 Biodiversity on thin ice...... 59 9.2.1 Operators ...... 92 7.4.2 Traffic in Svalbard’s wilderness. . . . 61 9.2.2 Education and competency 7.4.3 Resource exploitation in our last requirements for guides and wilderness ...... 65 tour leaders ...... 93 7.4.4 The environment in the 9.2.3 Legal constraints ...... 94 settlements and their adjacent 9.2.4 Challenges and objectives ...... 94 areas ...... 67 9.2.5 Assessments ...... 96 7.4.5 Nomination of Svalbard as a World 9.3 Fisheries ...... 97 Heritage site...... 69 9.4 Space-related activities ...... 98 9.4.1 General background ...... 98 8 Knowledge, research and 9.4.2 Current activities...... 98 higher education ...... 70 9.4.3 Further developments ...... 99 8.1 Introduction ...... 70 9.5 Petroleum operations ...... 99 8.2 Main objectives ...... 71 8.3 Status and development trends . . . . 71 10 Longyearbyen and the other 8.3.1 Basic investment ...... 71 local communities ...... 100 8.3.2 The scientific presence...... 72 10.1 Longyearbyen ...... 100 8.3.3 A strategic diversity ...... 73 10.1.1 Development of local democracy . . 102 8.3.4 Cooperation without borders ...... 74 10.1.2 Infrastructure ...... 103 10.1.3 Energy supply ...... 104 10.1.4 Longyearbyen port – needs and 11.2.5 Local guide service...... 118 opportunities ...... 105 11.2.6 Fuel quality requirements ...... 119 10.1.5 Range of services including health 11.2.7 Preparedness against acute and welfare services offered ...... 106 pollution...... 119 10.1.6 Postal services ...... 107 11.2.8 Handling ballast water ...... 120 10.1.7 Telecommunications services . . . . . 108 11.2.9 Evaluations ...... 120 10.1.8 Taxes, commuting ...... 108 11.3 Air transport – background 10.1.9 Formative conditions for children and development ...... 120 and young people ...... 109 11.3.1 Regulation of air traffic...... 121 10.2 Other local communities ...... 110 11.3.2 Aviation safety level ...... 121 10.2.1 Ny-Ålesund ...... 110 11.3.3 Helicopter traffic...... 122 10.2.2 Sveagruva ...... 111 11.3.4 Evaluations and measures...... 122 10.2.3 Bjørnøya and Hopen...... 112 11.4 Civil protection, rescue 10.2.4 Barentsburg and Pyramiden ...... 113 and emergency preparedness. . . . . 122 10.2.5 Hornsund...... 113 11.4.1 Norwegian rescue service ...... 123 11.4.2 Organisation of the public 11 Sea and air – transport, safety, rescue service ...... 124 rescue and emergency 11.4.3 Rescue resources on land ...... 124 response system ...... 114 11.4.4 Maritime rescue resources ...... 124 11.1 Introduction...... 114 11.4.5 Rescue resources in the air ...... 125 11.2 Sea transport and safety at sea . . . . 114 11.4.6 Assessments ...... 126 11.2.1 Status and risks...... 115 11.2.2 Traffic basis ...... 116 12 Administrative and economic 11.2.3 Relevant legislation ...... 116 consequences ...... 127 11.2.4 Monitoring and reporting ...... 118

2008– 2009 Report No. 22 to the Storting 7 Svalbard

Ministry of Justice and the Police

Svalbard Report No. 22 (2008–2009) to the Storting

Recommendation by the Ministry of Justice and the Police of 17 April 2009, approved in the Council of State on the same date. (Stoltenberg II Government)

1Summary

1.1 Svalbard policy entering a new era will manifest themselves in ongoing administration and management. Svalbard has a unique natural The previous report on Svalbard, Report No. 9 and cultural heritage that the Norwegian authori­ (1999–2000) to the Storting, Svalbard, was submit­ ties have special responsibility to preserve. For ted about ten years ago. Since then there have that reason, protection of the natural environment been substantial changes in Svalbard, where there is one of the key aspects of Norway’s Svalbard pol­ has been growth in many areas just like on the icy, and all industrial activity, resource exploitation mainland. An increase in both the population and and research are to take place within the parame­ activities has helped to transform Longyearbyen ters of preserving Svalbard’s natural environment into a modern family community, with a well-devel­ and cultural monuments. At the same time, since a oped infrastructure and a generally good array of goal is to maintain Norwegian communities in the services. archipelago, activity to ensure this must be pro­ The overriding objectives of the Svalbard pol­ vided for. Overarching Svalbard policy is suffi­ icy are: ciently flexible and robust with regard to weighing – Consistent and firm enforcement of sover­ various interests and to development in the archi­ eignty. pelago in other respects. – Proper observance of the Svalbard Treaty and Climate change will present new challenges. control to ensure compliance with the Treaty Temperatures in the Arctic are expected to rise – Maintenance of peace and stability in the area. twice as fast as the global mean. This may lead to – Preservation of the area’s distinctive natural big changes in physical environmental conditions wilderness. and have serious consequences for species and – Maintenance of Norwegian communities in ecosystems in Svalbard. Expected shrinkage of the archipelago. sea-ice will also impact the environment by making vulnerable areas more easily accessible to traffic There is broad political agreement on these objec­ and other activity. Climate changes in the Arctic tives, which have remained unchanged for a long and their significance for the global climate also time. History has shown that administering the mean that in the coming years, Svalbard will be a archipelago according to these objectives has been more important source of knowledge regarding cli­ a success. mate processes and impacts of climate change. However, various intersecting considerations At the same time, climate change is creating with regard to economic and preservation inter­ opportunities for and expectation of an increase in ests – in Svalbard as well as in the rest of Norway – activities in the north. A warmer Arctic Ocean will 8 Report No. 22 to the Storting 2008– 2009 Svalbard mean that fisheries activities will move north. Less legislation and the fact that Longyearbyen is not ice may also open up new routes for international intended to be a “cradle-to-grave” community. shipping between east and west. Longyearbyen These issues are discussed in Chap. 5 Legislation. may become increasingly important as a base for The Svalbard Treaty is discussed in Chap. 3 search and rescue and pollution clean-up opera­ Framework under international law. tions in the Arctic seas. The organisation and structure of the central This Report to the Storting primarily addresses administrative apparatus for Svalbard remain activity within the territorial limit of 12 nautical unchanged. Developments, however, indicate that miles, which is the territory covered by the Sval­ ongoing adjustments may be necessary. For exam­ bard Treaty. Even so, particularly in Chap. 2 Back­ ple, the instructions for the Interministerial Com­ ground – purpose of the report, there will be a dis­ mittee on Polar Affairs were revised since the pre­ cussion of opportunities and challenges in a vious report on Svalbard. The aim was to ensure broader context. better coordination of Svalbard policy. There will The report will provide guidelines for Svalbard continue to be a need for a greater degree of coor­ policy for a number of years going forward. They dination. For that reason the Government empha­ envisage a continued stable and predictable exer­ sises cross-sectoral cooperation in formulating cise of authority and favourable social develop­ Norway’s policy towards Svalbard and the adminis­ ments in the archipelago. At the same time it is tration of the archipelago. important to maintain necessary manoeuvring The Governor of Svalbard is the government’s room in the coming years in order to meet new highest representative in Svalbard and the most challenges and employ the best instruments at any important player in the local administration and in given time in administering the archipelago. protecting the central government’s interests in The overriding objectives will be signposts that the archipelago. In view of the increase in activity in the view of the Government will ensure inte­ that has taken place, the establishment of local self- grated and harmonious administration. This will government and the fact that more acts of law have help to make Svalbard policy robust in the years to been applied, the Government sees the impor­ come. tance of enhancing the Governor’s role in step with general developments. A boost to local administration was the estab­ 1.2 Instruments in Svalbard policy lishment in 2002 of the Longyearbyen Community Council. The Council exercises authority within Chap. 4 contains a discussion of instruments in the land-use area in certain fields and is responsi­ Norwegian policy towards Svalbard. Legislation ble for the provision of public services and develop­ and its enforcement are fundamental instruments ment tasks. The establishment of the Longyear­ in any society under the rule of law. The Govern­ byen Community Council has resulted in an exer­ ment attaches importance to the legal framework cise of authority at local level better tailored to for Svalbard being as similar to the framework on circumstances and an administration similar to the mainland as possible. Several factors, espe­ municipal government administration on the main­ cially the fact that Longyearbyen is developing in land with regard to both authority and responsibil­ the direction of similar local communities on the ity. mainland, make this desirable. Other trends, too, such as an expansion of obligations under interna­ tional law, mean there will eventually be a greater 1.3 Challenges in particular sectors need for new laws and regulations. The Government has considered whether it In the work on this Report to the Storting, three may be appropriate to amend the Svalbard Act, so issues were designated as main topics and, for that that all statutory provisions apply to Svalbard reason are discussed in greater detail in the report. unless otherwise stated, that is, the reverse of cur­ They are discussed in various places. rent principles concerning the application of acts of law. However, on the whole, case-by-case assess­ ments of relations to Svalbard will be needed when 1.3.1 Visible presence in Svalbard – coal public law legislation is introduced. Key issues in mining and other industrial activity such assessments include the Svalbard Treaty’s One of the main objectives of Svalbard policy is the establishment of equal liberty of access and entry maintenance of Norwegian communities in the to the archipelago, social welfare and entitlements archipelago. This objective is met through the fam­ 2008– 2009 Report No. 22 to the Storting 9 Svalbard ily community in Longyearbyen. Over the years Since seasonal fluctuations in tourism are a there has been a conscious effort to facilitate three challenge for year-round jobs in Longyearbyen, a fields of activity in particular. Throughout history, targeted effort must be made to develop a tourism coal mining has formed the basis for Longyear­ product that provides a basis for year-round byen and other communities in the archipelago. employment in Longyearbyen. There has also been a focus on research, education and tourism. These efforts have all helped to make Longyearbyen the modern community it is today. 1.3.2 Svalbard is to be one of the world’s best The Government wishes for Longyearbyen to managed wilderness areas – tourism continue to be a high-quality family community. and other traffic Coal mining continues to be the mainstay of this Preservation of Svalbard’s unique natural wilder­ community. It is the Government’s view that coal ness is one of the main objectives of Norway’s pol­ mining should continue within the framework set icy towards Svalbard. Since the previous Report to by environmental laws, commercial profitability the Storting, this has been translated into practice and the safety regulations and in a manner that through new, modern environmental regulations supports the objective of Store Norske Spitsbergen and the creation of a number of new protected Kulkompani to contribute to a robust community areas. In 2002 the Svalbard Environmental Protec­ in Longyearbyen. Existing infrastructure for coal tion Act entered into force, and in the period 2002– mining operations should be used as much as pos­ 2005, the area under protection was substantially sible. enlarged. Today, 65 per cent of Svalbard’s land area It is also important to promote other, varied and 87 per cent of its territorial waters are pro­ activity in Longyearbyen, not least activity at the tected as nature reserves and national parks. University Centre in Svalbard (UNIS), further As activities have increased during the past development of Svalbard as a platform for research decade, total traffic has also grown. The growth and education and of tourism and space-related has been greatest in tourism and research. The activity. Developments in the various areas must be interest in using Svalbard as a meeting place for viewed in context and assessed in view of the over­ decision makers has also been rising. To limit the riding objectives of Svalbard policy, including the stress on Svalbard’s natural environment and cul­ ambitious environmental goals for the archipelago. tural heritage, it is necessary to control traffic in As a result of targeted policy, especially in the compliance with the value and vulnerability of the past decade, Svalbard has developed into an impor­ various areas and the purpose of protecting them. tant platform for Norwegian and international In view of Svalbard’s increasingly vital role as a research and education. Norway is currently the source of knowledge regarding consequences of host nation to research institutions from 20 coun­ climate change, it is particularly important to tries that have a more or less permanent presence ensure the value of protected areas as reference in Svalbard. Moreover, in Longyearbyen the areas for climate and environmental research. world’s northernmost university programmes, Increased traffic also poses challenges with UNIS, has been established as a key player and regard to safety. During the past decade several part of the research platform. UNIS’s expansion measures have been implemented in this area. To has also had the effect that the organisation, limit the potential for damage from acute dis­ through its students and staff, accounts for an charges, in 2007 a fuel quality requirement was increasingly important part of the Longyearbyen introduced for ships calling in at nature reserves in community. East Svalbard. At the same time, a cap was set at The focus on tourism has helped this industry 200 passengers per cruise ship in these areas. to be an important basis for settlement and activity After the Harbour Act entered into force for Sval­ in Longyearbyen. At the same time, it is a goal for bard in 2008, the legal framework for regulating Svalbard to be one of the best managed wilderness and facilitating safe maritime traffic in Svalbard is areas and the best preserved High Arctic tourist well on the way to being at the same level as the destination in the world. Tourism also helps to rest of Norway. Efforts to improve maritime safety spread awareness of the vulnerable environment will be a central task of the Government in the and environmental challenges in the Arctic. The years to come as well. Government wishes to provide for the further The challenge will be to manage traffic in a development of tourism as a basic industry in Sval­ manner that meets the ambitious environmental bard. objectives for Svalbard. Various policy instruments will be necessary. In order to implement effective 10 Report No. 22 to the Storting 2008– 2009 Svalbard measures, efforts to bolster our knowledge of how The stepped-up research activity and its inter­ traffic impacts the environment in Svalbard need to nationalisation makes it necessary to bolster Nor­ continue. Undertaking detailed surveys and moni­ wegian scientific leadership and presence, as well toring the situation are key elements in this regard. as coordination and collaboration. The plan is for At the same time, various user interests need to be the Research Council of Norway to be given a spe­ balanced within the framework of the objectives cial responsibility in this effort. This may help set for managing the various areas. Preparing man­ ensure that established infrastructure is more agement plans and amending the Protection Regu­ extensively used than today, by Norwegian as well lations are essential measures for controlling vari­ as foreign scientists and students. ous forms of traffic in protected areas, and for lim­ iting the overall strain on the environment in keeping with the aim of environmental protection. 1.4 Environmental protection Amendments to the Protection Regulations have been drafted to address this issue. Preserving Svalbard’s unique natural wilderness is one of the main objectives of Norway’s Svalbard policy, and the Norwegian government has set 1.3.3 Svalbard’s role as a platform for ambitious goals for environmental protection in Norwegian and international research, the archipelago. Accordingly, environmental con­ knowledge and education siderations are to take precedence over other inter­ Svalbard has become a key area for gathering ests whenever they conflict. Current regulations knowledge about the effects of Arctic temperature and a favourable state of the environment provide rise and how a warmer Arctic may impact global a good basis for reaching these goals. climate. This underscores the importance of mak­ As a result of determined protection efforts ing full use of the opportunities Svalbard offers as over many decades, only a tiny portion of Sval­ a platform for Norwegian and international climate bard’s land area has been affected by physical and environmental research. encroachments such as roads and other infrastruc­ The proximity to the North Pole provides ture. Biodiversity is also virtually intact, and popu­ unique opportunities for atmospheric studies, lations of most species previously at risk of overex­ while data from satellites in polar orbit can be ploitation have recovered. downloaded by the Svalbard Satellite Station in Even though the situation for biodiversity and Longyearbyen at each pass. In Longyearbyen the wilderness is currently good, new trends may pose establishment of UNIS has also helped bolster serious challenges to environmental protection in research and education, in addition to such institu­ Svalbard. This pertains especially to climate tions as Kings Bay AS in Ny-Ålesund and the Nor­ change, but also to increasing traffic and changes wegian Polar Institute. In all, combined with sub­ in the activities taking place in and around Sval­ stantial investment in infrastructure, this has made bard. Climate change can be expected to alter the Svalbard a platform for Norwegian and interna­ physical environment and hence the living condi­ tional research, higher education and environmen­ tions for flora and fauna considerably. Climate tal monitoring. change, therefore, will become more and more An objective is for Norway to be at the forefront important for nature management in Svalbard. of international knowledge production in and This applies especially to the retreat of sea-ice, about polar regions as well as benefiting those which is likely to reduce the range of many ice- areas. Knowledge is also the key to good steward­ dependent species, and which may eventually lead ship. Established infrastructure ought to be uti­ to their disappearance from the Svalbard area. lised better than it is today, by Norwegian as well Chap. 7 Environmental protection discusses as foreign scientists and students. various challenges being faced and how the Gov­ Norway has a special responsibility to develop ernment will ensure that the ambitious environ­ knowledge about polar areas. The Government’s mental goals can be reached. Management in commitment to the International Polar Year (IPY keeping with the ambitious environmental goals 2007–2009), to which it appropriated NOK 320 mil­ will make great demands on fundamental know­ lion in support, has strengthened the effort to ledge and management’s ability to tailor instru­ develop Svalbard further as a research platform. ments and measures to changes in environmental Managing the legacy of IPY in the best possible conditions and activity. manner is an important challenge. In Svalbard an important objective is to pre­ serve the extent of wilderness areas. This means 2008– 2009 Report No. 22 to the Storting 11 Svalbard strict limits on significant infrastructure develop­ strong, comprehensive research effort. Further­ ment in wild areas not already affected by such more, the efficient exploitation of the infrastruc­ encroachments. Growing interest in the natural ture in Svalbard and collaboration between institu­ resources in and around Svalbard could mean an tions and nations must be promoted. increase in applications for permits for activities leading to physical encroachments outside of the planning areas surrounding existing settlements 1.6 Industrial, mining and commercial and mines. The Svalbard Environmental Protec­ activity tion Act and current strict practice with regard to permits for infrastructure development outside of One of the overriding objectives of Norwegian pol­ the planning areas are well suited to deal with this icy towards Svalbard, preservation of Norwegian trend. communities in the archipelago, rests on three main pillars. Continued coal mining is essential for maintain­ 1.5 Research, knowledge and higher ing Longyearbyen as a family community. It is the education Government’s view that coal mining should con­ tinue within the strict framework set by environ­ Svalbard is of vital importance as a platform for mental laws and commercial profitability and in a Norwegian and international research. Research manner that supports the objective of Store Nor­ and higher education are to be key elements in ske Spitsbergen Kulkompani to contribute to a Norwegian activities in Svalbard in the years to robust community in Longyearbyen. At the same come. Although Svalbard must remain an attrac­ time, coal mining is based on a non-renewable tive venue for scientists from around the world, resource. It is also vulnerable to fluctuations in the Norway is to have a leading role and be a key price of coal. Unforeseen events can have serious player in the area of developing knowledge in and consequences on operations. In view of this, the around Svalbard. Government is of the opinion that an effort should UNIS has grown considerably since its found­ be made to facilitate research, education and tour­ ing and plays an important role in Svalbard in gen­ ism in a way that will ensure a robust basis for set­ eral and in Longyearbyen in particular. UNIS tlement in Longyearbyen in the longer term as should continue its effort to attain good results in well, and be compatible with the objectives of Nor­ research and education, and in principle the Gov­ wegian Svalbard policy. ernment supports the ambition of the centre to Tourism in Svalbard ultimately depends on become a leading international venue for Arctic pristine nature. For that reason, ecotourism studies. appears to be a suitable niche for the archipelago The International Polar Year has brought that can be developed further, well adapted to the greater attention to environmental and climate- constraints set by the Svalbard Environmental Pro­ related research. The archipelago is naturally ideal tection Act and a natural focus area for the tourism for such research and offers world-class infrastruc­ industry in Svalbard. Today, a wide array of activi­ ture and facilities. Surveillance, surveys and the ties is offered, from cruises covering large parts of establishment of long time series are of fundamen­ the archipelago to activities based in the Longyear­ tal importance for science and management, on byen area such as kayak trips, hikes, ice caving and land as well as in the waters around Svalbard, and dog-sledding and snowmobile safaris. There is a carries an additional economic interest. Unique potential for further development of tourism in space-related infrastructure has been built near Svalbard, particularly outside of the high season. Longyearbyen, and in the coming years it ought to Such development must be within strict safety and be used to the fullest extent. Development and environmental limits. The tourism industry is con­ exploitation of the observation systems for space, sciously targeting the course and conference mar­ oceans, land and ice will be an important aspect of ket, which has helped to improve occupancy for knowledge policy for Svalbard. Putting in place accommodations businesses. However, seasonal systems for consistent, extensive monitoring of fluctuations are a challenge for maintaining year- oceans, land and ice continues to be a challenge. round jobs in the tourism industry in Longyear­ Longyearbyen and Ny-Ålesund will be the natu­ byen. ral starting points for research and education There is fishing in the territorial waters around based on the archipelago’s particular advantages, Svalbard, and in the Fisheries Protection Zone sur­ and total scientific activities ought to ensure a rounding Svalbard. Fisheries in the territorial 12 Report No. 22 to the Storting 2008– 2009 Svalbard waters around Svalbard are discussed in detail in byen and Ny-Ålesund. Research and tourism in section 9.3. particular have brought foreigners from several Svalbard’s geographic location is, as has been nations to the archipelago. mentioned, ideal for space-related activities, for studying the atmosphere and downloading satellite data. Substantial investment in infrastructure, pri­ 1.8 Sea and air – transport, safety, marily through a fibre-optic cable to the mainland, search and rescue and emergency as well as at the SvalSat satellite downlink station preparedness outside Longyearbyen, has made Norway a signif­ icant international player in the area of download­ Together with greater activity in the High North, ing satellite data. Satellite data downloaded in Sval­ an increase in sea transport in the waters around bard is used increasingly for monitoring sea-ice Svalbard poses new challenges to maritime safety conditions, oil pollution and ship traffic. There is efforts concerning Svalbard. The increasing traffic every reason to believe that since the need for must primarily be met by preventive measures that space-related services will continue to grow in the reduce the likelihood of accidents and that limit the years to come, particularly in areas such as civil impacts if accidents occur. For that reason, a protection, the environment and climate, these number of measures have been introduced in this services may continue to be a growth industry in area since the previous Report to the Storting on Svalbard. Svalbard. By evaluating further measures to improve safety at sea around Svalbard, the Govern­ ment’s objective is to lower the risk of unwanted 1.7 Longyearbyen and the other local incidents connected with maritime transport communities around Svalbard, to avoid harm to life, health or the environment. As discussed above, since the previous Report to Maritime safety measures implemented the Storting on Svalbard, Longyearbyen has con­ around Svalbard in recent years have made the solidated its position as a modern family commu­ level of safety closer to that along the mainland nity, with a well-developed public infrastructure coast. A key challenge will be adequately monitor­ and a generally good array of services. However, it ing developments in ship traffic. This will provide is the policy of the Government that Longyearbyen ample opportunities to analyse trends, so that nec­ not become a “cradle-to-grave” community. essary measures such as regulations and develop­ The effort to bring about a more varied econ­ ment of maritime infrastructure, services and omy in Longyearbyen has been a success and has emergency preparedness can be carried out. resulted in the emergence of tourism, retailing, The increase in activities is also reflected in education and research as complementary and greater aircraft and helicopter traffic. Continued alternative industries to coal mining. The number growth in this area may result in a need for of businesses in Longyearbyen has risen in such increased safety measures, e.g. in the form of air areas as retailing and service production. For that traffic control services and the development of reason, the array of private services in all in Long­ radar coverage. yearbyen is relatively ample, even compared with The Office of the Governor is the central body what mainland communities of similar size offer. for planning and crisis management in the area of Substantial investment has been made in Long­ civil protection and emergency preparedness in yearbyen’s infrastructure in the past decade. Svalbard. The public emergency search and res­ Besides the aforementioned research-related infra­ cue service around and in Svalbard, comprises the structure, a new terminal building has been built at Office of the Governor’s two helicopters and serv­ the airport, the school has been expanded, a day- ice vessel. In addition, the Norwegian Armed care centre has been expanded and a new one Forces support the Governor with the resources built, and a new reserve power station has been available at any given time. As has been mentioned, built, among other projects. in the future, Longyearbyen may be an even more While Longyearbyen has seen considerable important base for search and rescue missions in growth in the past decade, both in population and the area. Emergency preparedness of this sort is a in the level of activity, the activity in Barentsburg natural part of Norway’s exercise of authority in has been substantially reduced. At the same time, Svalbard. the foreign presence has increased in Longyear­ 2008– 2009 Report No. 22 to the Storting 13 Svalbard

2 Background – purpose of the report

The objectives of Norwegian policy towards Sval- in the archipelago. These objectives remain firm. bard have remained unchanged for a long time and Even so, how best to achieve them must be lay the groundwork for a stable and predictable assessed regularly in the light of new challenges exercise of authority and community development and trends. It is especially the increase in activity

Figure 2.1 Map of Svalbard 14 Report No. 22 to the Storting 2008– 2009 Svalbard and the rapid climate changes in the Arctic and the in Svalbard as long as these interests do not con­ significance this has for the environment and activ­ flict with the provisions of the Treaty or interna­ ity in the area that indicate a need for a new Report tional law. to the Storting on Norwegian Svalbard policy. The overriding objectives of Norwegian policy At intervals of around ten years, three compre­ towards Svalbard are: hensive reports on Svalbard were submitted to the – Consistent and firm enforcement of sover­ Storting. The previous report (Report No. 9 (1999– eignty. 2000) to the Storting, Svalbard) was submitted in – Proper observance of the Svalbard Treaty and 2000. In addition, in 2007 the Office of the Auditor control to ensure compliance with the Treaty. General conducted a performance audit of Sval­ – Maintenance of peace and stability in the area. bard and in Document No. 3:8 (2006–2007), The – Preservation of the area’s distinctive natural Office of the Auditor General’s Investigation of the wilderness. Management of Svalbard, recommended a new – Maintenance of Norwegian communities in comprehensive review of Svalbard policy. The the archipelago. Storting followed this up in its deliberation of the report, and in Recommendation No. 46 (2007– These objectives have remained unchanged for 2008) to the Storting, Recommendation from the years, and they enjoy broad political support. Standing Committee on Scrutiny and Constitu­ Though its responsibility for coordinating Nor­ tional Affairs, requested a new Report to the Stort­ way’s Svalbard policy, the Ministry of Justice and ing on Svalbard during the current Storting period the Police is responsible for submitting this report (2005–2009). on Svalbard to the Storting. In keeping with the In view of this, in December 2007 the Govern­ fact that specific responsibilities for the various ment decided to start work on a new Report to the aspects of Svalbard policy rest with the competent Storting in order to capture developments during ministries, work on this report involved a number the past ten years and point out key challenges and of ministries. describe how they are to be met. The Government has set out three main topics for this Report: – A robust presence in Svalbard – with particular 2.1 The objectives of Norwegian policy attention to the future prospects of coal mining towards Svalbard operations. – Svalbard as one of the world’s best-managed The Treaty of 9 February 1920 concerning Spits­ wilderness areas – tourism and other traffic. bergen (the Svalbard Treaty) recognises “the full – Svalbard’s role as a platform for Norwegian and absolute sovereignty of Norway over the and international research, knowledge and Archipelago of Spitsbergen”. Pursuant to the Act of education 17 July 1925 relating to Svalbard (Svalbard Act), Svalbard forms a part of the Kingdom of Norway. The challenges discussed in this report must be Norway has an important responsibility to admin­ viewed in the context of the overriding objectives ister the archipelago in a way that ensures peace, of Norwegian Svalbard policy. Like the previous stability, protection of natural wilderness and Reports to the Storting on Svalbard, this report, responsible resource management. The basis for too, will describe objectives, challenges and possi­ Norwegian administration of Svalbard is that Nor­ ble measures for Svalbard, i.e. the area within the way not only has the right to exercise authority scope of the Svalbard Treaty, which is the territory within the framework set by the Treaty, but also and territorial waters out to 12 nautical miles from has an obligation to enforce its sovereignty in a the baselines (mean low water marks). It is also proper and credible manner. This is particularly this area that comes under the Governor’s jurisdic­ important because the Svalbard Treaty grants tion and the Svalbard budget. nationals and companies from signatory countries equal liberty of access and entry and freedom to engage in certain kinds of activities, a situation 2.2 Svalbard and the High North reflecting the archipelago’s long history of foreign settlements and activities. Norway alone, in virtue Svalbard policy is an important instrument for Nor­ of its sovereignty, is responsible for ensuring that wegian authorities for achieving their aims in Sval­ this is complied with. At the same time Norway has bard, but not the only one. Precisely because the an obvious right to safeguard its national interests archipelago is an integral part of the realm, Sval­ 2008– 2009 Report No. 22 to the Storting 15 Svalbard bard is also covered by a number of other, general 2.3 Developments in Svalbard since policy areas. This Report is aimed especially at the 2000 objectives, priorities and policy instruments that apply particularly to Svalbard. Since the previous Report to the Storting there The Soria Moria Declaration designated the have been changes, both to the local social struc­ High North as the Government’s most important tures in Svalbard and to the external parameters of strategic priority area, and in this connection the Norwegian Svalbard policy. In general, local devel­ Government has formulated a separate High opments can be outlined as follows: North strategy. Svalbard is a crucial part of the – The development of infrastructure and serv­ High North, and continued effective and appropri­ ices in Longyearbyen and Ny-Ålesund has con­ ate Norwegian administration of Svalbard, in keep­ tinued. This is the main reason that total central ing with the objectives of Norway’s Svalbard pol­ government transfers to Svalbard have also icy, will help to strengthen and deepen our pres­ increased through this period. ence in the High North. This Report to the Storting – The expansion and modernisation of the is based on the guidelines set forth in the High administration has continued. Even if local North strategy. The strategy’s place in the report conditions dictate that the organisation of will vary by topic and context. social life in the archipelago will differ in some The High North, including Svalbard, is among respects from the mainland going forward as the areas in the world seeing the biggest impact of well, the constraints under which the Svalbard climate change. At the same time, the areas are community operates will become more and generally characterised by increased activity. Cli­ more like those on the mainland. More laws mate models point to the Arctic as the area on and regulations will apply in Svalbard and they earth that will experience the fastest and greatest will be enforced consistently and equally. warming as a consequence of higher concentra­ – Local democracy in Svalbard is now in place tions of greenhouse gases. This can be expected to through the establishment of the Longyear­ have serious consequences for the ecosystems and byen Community Council. many Arctic species and will pose big challenges to – The trend towards greater diversification and environmental management. For society and activ­ privatisation of industrial and other business ities in the Arctic, climate change will present chal­ activity, particularly in Longyearbyen, has con­ lenges as well as new opportunities. This fact is an tinued. important backdrop for the report. – Developments in the tourism industry have Norway’s relationship with foreign players in continued, and tourism has consolidated its Svalbard is characterised by candour and coopera­ position as a significant direct and indirect tiveness, and the foreign policy climate has been source of employment. favourable since the submission of the previous – The coal mining operations of Store Norske report on Svalbard to the Storting. Viewed in this Spitsbergen Kulkompani AS have expanded, perspective, the current situation must be charac­ following a decline towards the end of the terised as good. A further objective is both to exer­ 1990s. However, industrial activity in Barents- cise authority in a credible, consistent and predict­ burg has declined further since the previous able manner and for Norway to be at the forefront report on Svalbard was submitted to the Stor­ of proper management of the environment and nat­ ting. ural resources in the High North. Key concepts in – Svalbard has developed into an important plat­ the High North strategy are environmental protec­ form for Norwegian and international tion, responsible resource management, activity research. During the 2000s South Korean, Chi­ and knowledge. Thus the High North strategy nese and Indian research stations were estab­ underscores the importance of a robust Norwe­ lished in Ny-Ålesund, bringing the total gian community in Longyearbyen and Svalbard’s number of foreign research stations in Ny- importance as a platform for international climate Ålesund to nine. and environmental research. The strategy also – There are clear signs that the climate in the underscores the ambitious environmental objec­ Arctic and in Svalbard is getting warmer and tives for Svalbard and stipulates that environmen­ that Svalbard has become increasingly impor­ tal concerns are to outweigh other interests. The tant as a source of knowledge of anthropogenic High North strategy is part of the background for climate change and its impact. possible measures discussed in the Report to the – Local environmental efforts in Svalbard have Storting. been bolstered substantially by the entry into 16 Report No. 22 to the Storting 2008– 2009 Svalbard

Box 2.1 Scenario for changes in climate in Svalbard A regional climate model for the Norwegian Arctic has been run for the scenario periods 2021–2050 and 2071–2100. For Svalbard the model shows that we may be facing a rise in annual temperature of approximately 3°C in the south-west, and approximately 8°C in the north­ east over the next 100 years. For the autumn and winter months the models show a rise of over 8°C in the north-east portions of Svalbard. For the summer, the models show a warming in Svalbard in the range of 2–4°C. At the same time, precipitation is expected to increase by 10–40 per cent, while snow depths are reduced on account of a shorter winter season. Accord­ ing to the model, wind speeds will increase, especially in areas where the sea-ice disappears. Strong winds will occur more frequently. The expected change in annual mean tem­ peratures from the 30-year period 1961–1990 to the 30-year period 2071–2100 is based on the NorACIA regional climate model. The green shows the lowest expected temperature rise, and the red shows the greatest expected rise. Note the sharp rise in temperatures in the far­ Figure 2.2 Scenario for changes in climate. thest east in Svalbard and the considerable dis­ Source: met.no (2008). NorACIA’s climate scenarios for the similarity across Svalbard. Norwegian Arctic.

force of the Svalbard Environmental Protec­ At the same time as the number of foreign tion Act and creation of new protected areas, nationals in Svalbard has declined since the previ­ among other measures. ous report, the foreign presence in Longyearbyen and Ny-Ålesund has increased. Research and tour­ The only settlements in Svalbard that can be called ism in particular have led to the influx of foreigners local communities in the usual sense are Longyear­ from several nations to Svalbard. byen and Barentsburg. The Russian mine in Pyra­ Since 1920 the main purpose of Norwegian miden was closed down in 1998. The development Svalbard policy has been to keep the archipelago of infrastructure and services more or less tailored out of conflicts between the great powers and to families began in the 1970s and expanded in the ensure credible Norwegian governance of the 1980s in Longyearbyen. The expansion in Long­ archipelago. This has been achieved by consistent yearbyen accelerated in the 1990s. On the other compliance with the provisions of the Treaty and hand, the Russian mining community has been maintenance of Norwegian activities, of which coal reduced substantially on account of limited activity, mining has been the most crucial. In recent years, and mining operations have now been suspended. private business activity and research have Currently, approximately 2,500 persons are regis­ expanded considerably in scope. Coal mining, tour­ tered as residing in the archipelago, broken down ism, and research currently represent a substantial as follows: 2,050 in Longyearbyen and Ny-Ålesund portion of activity in the archipelago. The changes and approximately 450 in Barentsburg. However, that have taken place in Svalbard since the previ­ when the previous report on Svalbard was submit­ ous general report was submitted to the Storting ted to the Storting, the ratio was approximately fully demonstrate the importance of an overall 1,425 to around 940. Svalbard policy that is sufficiently sound and flexi­ 2008– 2009 Report No. 22 to the Storting 17 Svalbard ble enough to tolerate changes in operating param­ a consequence of climate change. The Arctic has eters. For that reason, all sector policy for the been singled out as one of the regions where it is archipelago must be based on the overriding objec­ assumed that impacts of climate change on species tives of Norwegian Svalbard policy. and ecosystems will be greatest and occur first. How ice, snow, permafrost and ocean circula­ tion react to rising temperatures is also of great 2.4 Climate change – challenges and importance for the global climate. The Arctic snow opportunities and ice cover serves as a mirror reflecting most of the solar energy back into space. For that reason Temperatures in the Arctic are expected to rise the size of areas covered by ice and snow matters a twice as fast as the global mean. During the past great deal for both Arctic temperatures and the 100 years annual mean temperatures in the Arctic thermal balance of the Northern Hemisphere. have risen on average approximately 2°C. The sea- ice has retreated and become thinner, and glaciers as well as areas covered by snow year-round are Box 2.2 Ivory gull shrinking. The Arctic ocean is also becoming warmer, and on land more and more of the perma­ The ivory gull is a characteristic species of frost is melting. Where the sea-ice is retreating, high Arctic areas, living in ice-covered waters coasts are subject to erosion from an increase in all year-round. It lives on crustaceans and fish wave activity. Changes in climate and ice condi­ it finds in the pack ice, which is why it is tions are already affecting Arctic fauna. The melt­ dependent on the sea-ice for survival. The ing of the permafrost and greater coastal erosion ivory gull nests in the northern reaches of will also result in damage to settlements and infra­ Canada, Greenland, Svalbard and Russia. structure in many places in the Arctic. Studies done in Canada have documented an In autumn 2008, the average temperature in the 80 per cent decline in Canadian populations Arctic was 5°C above the long-term normal, and during the past 20 years. The decline is attrib­ the sea-ice in the polar basin was 30 per cent below uted to reductions and changes in the extent the average for the period 1979–2000. Melting of sea-ice and higher levels of environmental from the Greenland ice sheet in summer 2008 was toxins. In Canada the species is now facing the highest since measurements began in 1970, extinction in most of its nesting areas. Studies and for the first time in recorded history, the conducted in Svalbard and in Russia indicate Northwest Passage and Northeast Passage were that besides reduced extent of sea-ice, the ice free at the same time. (Arctic Report Card 2008 ivory gull is also affected by environmental NOAA/Arctic Council). toxins. The species is exposed to high levels of PCBs and DDT, substances that interfere with the birds endocrine systems and reduce 2.4.1 Svalbard in a global context eggshell thickness. The consequences are While the mean temperature in Svalbard has lower reproduction and survival rates. soared in recent years, the glaciers have receded and the permafrost is warmer than before. During the winters of 2005–2008 there has been little ice in the fjords on the western side of Svalbard, where warm Atlantic water has penetrated all the way to the coast. Both anthropogenic warming and natu­ ral fluctuations may be of importance for such changes. According to the UN Intergovernmental Panel on Climate Change (IPCC), anthropogenic impacts on the climate are accelerating, and the observable changes in Svalbard are probably only the beginning of a rapid transformation towards a warmer Arctic and new climatic conditions. Based on IPCC scenarios for average growth in emis­ Figure 2.3 Ivory gull sions, it is estimated that already in 2050, between 14 and 37 per cent of the world’s species will have Photo: Hallvard Strøm, Norwegian Polar Institute disappeared or be threatened by swift extinction as 18 Report No. 22 to the Storting 2008– 2009 Svalbard

When snow and ice melt, most of the solar energy layer in the summer may put settlements at greater is absorbed by open water and bare ground. This risk of landslides and floods. Greater melting can amplifies the warming and leads to further melt­ also lead to failure in the foundations of buildings ing. This positive feedback mechanism makes the and other infrastructure. Cultural monuments, too, process self-reinforcing. will be more exposed to coastal erosion and decay. More rapid warming of the Arctic due to These processes will accelerate as climate shrinkage of snow and ice cover can also amplify becomes milder and wetter. and accelerate other processes with potentially serious consequences for the global climate. 2.4.3 A new era – challenges and opportunities 2.4.2 Local impacts in Svalbard A milder climate and the retreat of sea-ice may The risk that many species of living organisms can result in vulnerable areas becoming more easily disappear from the Svalbard area or die out must accessible to traffic and other activity. For Svalbard be regarded as high and depends on how quickly this pertains especially to cruise tourism, fisheries the climate changes and the pack ice retreats. It is and other ship traffic. On the other hand, reduc­ assumed that the risk is greatest for species and tions in fjord ice in spring may also make some ecosystems dependent on sea-ice, but a number of areas less accessible to motorised traffic. All other species may also be at risk. together, the result can be an increasing need to In addition, climate change will also make control traffic and other activity to limit the impact many species and ecosystems more vulnerable to and risk of pollution. other kinds of impacts. Less ice will make many Today, the ship traffic around Svalbard prima­ areas more readily accessible to activities that can rily consists of cruise and freight traffic, research- have an adverse environmental impact. When the related traffic and fishing. Recent trends indicates temperature rises, it will be easier for new species that ship traffic to Arctic areas will increase both in to establish themselves in Svalbard. This may pose volume and extent. Trawling for cod is moving ever a threat to species naturally occurring there today. northward and now takes place as far north as The significance of climate change for Svalbard Isfjord (78 degrees north), at almost the same lati­ is on several levels. On the one hand, Svalbard has tude as Longyearbyen. become a key area for gathering knowledge about Even if this Report to the Storting particularly what happens when temperatures in the Arctic rise concerns the archipelago as such, it is important to and how this may impact the climate in other see coming opportunities and challenges also in a places on earth. This puts Svalbard at the centre of broader context. In the longer term, an increas­ the biggest environmental challenge the world ingly ice-free Arctic Ocean may also open com­ community faces today. A better understanding of pletely new routes to international shipping climate processes in the Arctic is crucial for efforts between east and west. The shortest route through to reduce global greenhouse gas emissions and for the Arctic Ocean from the major shipping ports on efforts to adapt society to the climate changes that the European continent passes directly west of now appear to be unavoidable. This underscores Svalbard. At the same time, the seas north of the importance of making full use of the opportuni­ Greenland and Svalbard are likely to be the most ties Svalbard offers as a platform for Norwegian challenging and risky for shipping. This may pose and international climate and environmental considerable future challenges, not least with research. regard to search and rescue and pollution clean-up On the other hand, climate change will have operations. It will have to be expected that Long­ growing, direct significance for nature manage­ yearbyen will become increasingly important as a ment in Svalbard, in that the physical environment base for rescue and pollution clean-up operations and ecological conditions may be substantially in the Arctic seas. A growing need for other mari­ changed, cf. Chap. 8. Climate change will also time services must also be addressed. Greater affect transport and the dispersal in the environ­ demand for energy and easier accessibility may ment of various toxins that is brought to the Sval­ also mean a greater interest in petroleum activities bard area by air and ocean currents. in Arctic waters, near Svalbard as well. Climate change will also have a direct impact The Svalbard Environmental Protection Act, on buildings and infrastructure in Svalbard, and which entered into force in 2002, is an important thus on land-use and social planning. Changes in framework act that, along with other relevant regu­ precipitation and increased melting of the surface lations for Svalbard, will be a key instrument for 2008– 2009 Report No. 22 to the Storting 19 Svalbard dealing with the various challenges the archipel­ points out that striking a balance between a robust ago will face in the coming years. With regard to Norwegian presence and keeping the environment developments in the big picture, i.e. for the seas as pristine as possible serves to complicate the beyond Svalbard, different instruments and proc­ governance and management of Svalbard. The esses will provide a framework for dealing with investigation emphasises that the interests of them. Even so, it is important to consider these income and the environment need to be addressed trends in context. on the basis of overall considerations of a sustain­ In 2006 the Government submitted Report No. able economy and strict environmental standards. 8 (2005–2006), Integrated Management of the The Government wishes to underscore the fact Marine Environment of the Barents Sea and the that these interests are recurring issues in this Sea Areas off the Lofoten Islands, to the Storting. report, which the authorities are keen on balanc­ The plan is intended to clarify the overriding ing in the formulation of Svalbard policy. framework for existing and new activity in these The Office of the Auditor General also points ocean areas. Pursuant to the management plans, out a need for more specific knowledge about the no petroleum activities are to be initiated in a 65 km impact of traffic, research and tourism. The Gov­ zone around Bjørnøya and in the marginal ice zone ernment is also concerned about the total burden and at the polar front. For a detailed discussion of on the vulnerable Arctic environment and eluci­ limitations on any petroleum activity in the territo­ dates this in particular in Chap. 7 Environmental rial waters around Svalbard, see sections 7.4.3 and protection. 9.5. In view of community development, particu­ A warmer Barents Sea may lead to changes in larly in Longyearbyen, the Office of the Auditor the ranges of important fish stocks. Some of these General has asked whether there is a need to con­ displacements may occur gradually, depending on sider whether more acts of law ought to apply to whether new spawning grounds further north and Svalbard. In its discussion of the report by the east are made use of. It is expected that cod will Office of the Auditor General, the Storting also continue to spawn along the coast of northern Nor­ points out the importance of this, cf. Recommenda­ way. For capelin, possible spawning grounds in a tion No. 46 (2007–2008) to the Storting by the warmer ocean may move to Svalbard, Novaya Standing Committee on Scrutiny and Constitu­ Zemlya and Franz Josef Land. (Source: NorACIA tional Affairs. Legislation is one of the most impor­ report 2008: Klimaendringer i Barentshavet (Cli­ tant instruments for effective exercise of authority mate Change in the Barents Sea)). and proper administration of Svalbard. Owing to The Marine Resources Act provides guidelines the special conditions in Svalbard, the Svalbard Act for managing living marine resources. It is vital to contains a separate principle for the application of Norwegian fisheries management for the harvest­ laws to the archipelago. In the report, legislative ing of living marine resources to be sustainable. issues are an important topic, to which Chap. 5 Shared stocks in the Barents Sea are managed by Legislation is devoted in full. the Joint Norwegian-Russian Fisheries Commis­ In the discussion in the Storting of the Office of sion on the basis of scientific advice from the Inter­ the Auditor General’s investigation of the manage­ national Council for the Exploration of the Sea. ment of Svalbard, a wish was also expressed to illu­ minate a number of other issues in the report. Besides the aforementioned topics, the Storting 2.5 The Office of the Auditor General’s pointed to maritime safety, the challenges related performance audit of Svalbard to managing Svalbard, population trends and future of coal mining as a principle industry, as The Office of the Auditor General conducted a per­ especially important. In this Report to the Storting formance audit of Svalbard, Document No. 3:8 the Government discusses all of these issues, in (2006–2007), The Office of the Auditor General’s addition to the other topics that the Storting drew Investigation of the Management of Svalbard, its attention to in its consideration of the Office of which was concluded and submitted to the Storting the Auditor General’s report. in spring 2007. The Office of the Auditor General 20 Report No. 22 to the Storting 2008– 2009 Svalbard

3 Framework under international law

3.1 Basis for Norwegian sovereignty Norwegian rules and administration in the same manner as on the mainland. Norwegian sovereignty over Svalbard is undis­ A general assessment of the Svalbard Treaty puted. Sovereignty means that a state has exclu­ was also provided in previous Reports to the Stor­ sive dominion over its territory and the exclusive ting on Svalbard. The same applies to the Mining right to exercise authority there, e.g. with regard Code, which provides rules on the right to explore to passing and enforcing laws and other rules. Nor­ for, acquire and exploit natural deposits. Reference way’s sovereignty is confirmed in the Svalbard in this regard is made to Report No. 39 (1974–75) Treaty and pursuant to general international law by to the Storting concerning Svalbard, Report No. 40 tacit acceptance on the part of the other states. For (1985–86) to the Storting, Svalbard, and Report that reason, all states – regardless of whether they No. 9 (1999–2000) to the Storting, Svalbard. are parties to the Svalbard Treaty – have an obliga­ Report No. 40 (1985–86) to the Storting, Svalbard, tion to respect Norwegian sovereignty over Sval­ contains a detailed discussion of legal issues, bard in the same manner as over the other parts of including those concerning the territorial scope of Norway. the Svalbard Treaty, the Norwegian continental shelf and fisheries jurisdiction and the baselines on the eastern side of Svalbard. 3.1.1 The Svalbard Treaty The Treaty of 9 February 1920 concerning Spits­ bergen (the Svalbard Treaty) recognises Norwe­ 3.1.2 The outcome of negotiations and the gian sovereignty over Svalbard. It entered into significance of Norwegian sovereignty force on 14 August 1925, from which date Svalbard The Svalbard Treaty came about as a result of became an indivisible and inalienable part of the negotiations during the Paris Peace Conference Kingdom of Norway through a separate act of law, after the First World War in 1919. Previously Sval­ the Svalbard Act (Act No. 11 of 17 July 1925). The bard had been viewed by many states as so-called Svalbard Treaty currently has 40 signatories terra nullius, territory over which no state had sov­ (“High Contracting Parties”). ereignty. The growing economic activity in Sval­ In addition to restrictions on taxation and mili­ bard at the beginning of the 1900s necessitated a tary activity in the archipelago, the Svalbard clarification of the archipelago’s status. Prior to the Treaty contains a number of provisions concerning First World War Norway held three international the treatment of foreign nationals. Under the conferences at which the possibility of joint gov­ Treaty Norway has assumed an obligation under ernance of the archipelago was discussed, but no international law to treat equally nationals and agreement on this could be reached. Norway companies from signatory countries in certain brought its case before the peace negotiations in areas enumerated in the Treaty. Since the Treaty is 1919, arguing that the only “satisfactory and last­ an agreement under international law, only the sig­ ing solution would be to return the archipelago to natory parties (states) may demand equal treat­ Norway”. At the same time Norway indicated that ment by Norway on behalf of their nationals and it had no objections to granting certain rights to companies. Since nationals and companies them­ foreign nationals. Various proposed solutions were selves are private legal persons, they cannot discussed. The commission dealing with the case demand equal treatment directly from Norway on rejected a proposal whereby Norway would only the basis of the Svalbard Treaty as an agreement administer Svalbard on behalf of the international under international law. The same applies to states community. Instead the committee voted unani­ that are not parties to the Treaty. mously to recognise full Norwegian sovereignty All private legal persons in Svalbard – natural over Svalbard on certain conditions. This is essen­ persons and corporate bodies – must adhere to tial for the understanding and interpretation of the Svalbard Treaty. 2008– 2009 Report No. 22 to the Storting 21 Svalbard

The outcome of negotiations is reflected in Arti­ ordinary linguistic understanding of the terms and cle 1 of the Svalbard Treaty, which recognises Nor­ expressions, placed in their context in the Treaty. way’s “full and absolute sovereignty” over Sval­ Moreover, one of the main objectives of the Treaty bard. Norway has full control over Svalbard in is to achieve final clarification of all outstanding accordance with the ordinary rules of international issues of international law by recognising Norwe­ law. Certain international law limitations have been gian sovereignty. This also provides predictability laid down in the Svalbard Treaty. Beyond these lim­ and clarity to the other signatories as well. itations, the Norwegian government has the same The original texts of the Treaty are French and authority and may use the same instruments as in English. It is these versions that are determinative the rest of the country. This ensues from the word­ for the legal content of the Treaty. These texts are ing itself and from the general principle of interna­ the basis for the interpretation of the rights and tional law relating to treaty interpretation that obligations set forth in the Treaty, and no transla­ restrictions on sovereignty must be explicitly tions, not even into Norwegian, may be accorded authorised by the treaty. For that reason Norwe­ weight in interpreting the Treaty. gian sovereignty forms the basis for resolving – through legislation or other actions – all matters not affected by the Treaty, either because they are 3.1.4 Geographic scope of application not mentioned in it or because they are not encom­ In the Svalbard Treaty, Svalbard is defined as “all passed by the limitations on the actual exercise of the islands situated between 10 degrees and 35 authority under international law that are laid degrees longitude East of Greenwich and between down in it. 74 degrees and 81 degrees North…together with Norway has the exclusive right to pass and all islands great or small and rocks appertaining enforce laws and other regulation for Svalbard. In thereto”. The wording makes clear that only the the same way as on the mainland, the Norwegian actual islands within these coordinates are cov­ authorities may regulate, permit, set conditions for, ered, i.e. land territory, and not surrounding monitor and prohibit activities of any kind. This waters. However, as a consequence of sovereignty power to regulate ensues from sovereignty as over Svalbard’s land territory, the actual territorial such, but it is also presupposed directly in several waters around the archipelago are included, i.e. provisions of the Treaty, e.g. Article 2 concerning the internal waters and territorial sea out to 12 nau­ nature preservation. For maritime, industrial, min­ tical miles and the airspace above it. The wording ing and commercial operations as mentioned in of some provisions of the Treaty expressly makes Article 3, it is even expressly stated that local laws clear that they pertain both to land territory and and regulations must be observed. territorial waters. Norway has an exclusive right to exercise authority over all nationals and companies – Nor­ wegian as well as foreign – on the entire territory 3.1.5 Treaty limitations on the exercise of of Svalbard, on land, at sea and in the air. No other authority state may exercise governmental authority in Sval­ Article 1 of the Svalbard Treaty recognises Norwe­ bard, not even vis-à-vis their own citizens. Such an gian sovereignty on the terms set forth in the exercise of authority would infringe Norwegian Treaty. Limitations have not been placed on sover­ sovereignty. eignty as such, but on how Norwegian authority Sovereignty and the fact that Svalbard is a part may be exercised in certain specifically defined of the Kingdom mean that unless a special exemp­ areas. Thus, Norway has an exclusive right to exer­ tion is made, all international law agreements Nor­ cise authority in these areas as well. The restric­ way enters into apply to Svalbard. Such an exemp­ tions pertain especially to three matters: require­ tion has been made, for example, for the EEA ments for equal treatment, collection of taxes and Agreement, cf. section 3.2.1. duties and military matters.

3.1.3 Principles of interpretation a) Equal treatment/non-discrimination In line with ordinary international law principles Under the Svalbard Treaty Norway has an obliga­ governing the interpretation of treaties, the Sval­ tion to ensure equal rights for nationals and compa­ bard Treaty shall primarily be interpreted on the nies from signatory nations in areas defined in the basis of the terms and expressions in the actual Treaty itself. This is a requirement of non-discrim­ text. The point of departure for interpretation is the ination on the basis of nationality for persons and 22 Report No. 22 to the Storting 2008– 2009 Svalbard national affiliation for companies. This covers, intent that the actual spending of tax revenues may among other things, hunting and fishing, access occur other places, e.g. on purchases on the main­ and entry, the engaging in certain types of indus­ land of equipment etc. to be used in Svalbard. trial activity, and property rights, including mineral The purpose of this taxation is the needs in rights. Svalbard, and it is a matter of discretion what these Nationals or companies from signatory states may be. Administration, public services and infra­ may not be in a disadvantaged position compared structure, such as airports and search and rescue to Norwegian nationals or companies in these services are needs that justify such taxation. It is areas, and there may be no discrimination between also assumed that previous deficits in the Svalbard nationals and companies from signatory states. budgets may be covered by such taxation, since Although the Treaty entails a prohibition against these are central government expenditures for discrimination on the basis of nationality in speci­ operations, measures, investment etc., that have fied areas, it does not entail unlimited or uncondi­ exclusively been devoted to Svalbard. tional liberty for anyone to engage in activity in The limitations in Article 8 second paragraph these areas. The equal treatment rule is not an do not cover payment for public services when obstacle to regulating or, if necessary prohibiting, there is authorisation to require such payment. an activity for other reasons. The right to issue Nor is payment for private services pursuant to such regulations ensues from Norway’s sover­ contract covered by the limitations. eignty. The Treaty itself presupposes observance According to Article 8 third paragraph, Norway of local law and regulations as a condition for exer­ may levy an export duty on exports of minerals, cising some of the rights that the Treaty sets forth, and there are instructions for determining how e.g. in Article 3 concerning certain kinds of eco­ much the duty may be in relation to the quantity nomic activity. Nor does the requirement for non­ exported. discrimination apply to all types of activity in Sval­ bard, but only to the areas specifically set forth in Articles 2 and 3 of the Treaty. Hunting and fishing, c) Use for warlike purposes and other military maritime, industrial, mining and commercial enter­ matters prises are covered by the requirement for equal In principle, Norway has full right of control in the treatment. What in a particular instance is covered military and defence field in virtue of its sover­ by the requirement for equal treatment must be eignty. Nevertheless, Article 9 of the Svalbard considered case-by-case on the basis of an interpre­ Treaty sets out limitations on the exercise of sover­ tation of the Treaty, in accordance with the princi­ eignty with regard to creating – or allowing the ples inter alia concerning wording and context establishment of – naval bases, constructing fortifi­ mentioned above. cations and the use of Svalbard for warlike pur­ poses. These limitations – in particular the prohibi­ tion against use for warlike purposes – must be b) Taxes, duties, etc. viewed in light of the preamble of the Treaty. Here Pursuant to Article 8 first paragraph of the Sval­ the parties state that in recognising Norwegian bard Treaty, Norway is obligated to adopt mining sovereignty they wish for Svalbard to be “provided regulations that may not by way of taxes or charges with an equitable regime” to ensure its develop­ of any kind grant privileges, monopolies or other ment and peaceful utilisation. favours for the benefit of the Norwegian state or In virtue of its sovereignty, Norway has a spe­ nationals of any signatory state. Pursuant to the cial duty to ensure that no one violates the prohibi­ wording this applies only to mining activities. Nor­ tion against using Svalbard for warlike purposes, way laid down such a mining code in the Royal which is general and applies to all signatories. Decree of 7 August 1925, in which the principle of However, the provision is not a prohibition against equal treatment is enshrined in Section 2. It ensues all military activity. It addresses acts of war or activ­ from Article 8 second paragraph of the Svalbard ities for the purpose of waging war. Thus, defensive Treaty, that taxes, dues and duties may be imposed actions and other such military measures are not in Svalbard only if they are necessary. Such taxes, covered by the wording. This affects the core of dues and duties “shall be devoted exclusively to” sovereignty, and for that reason this provision is Svalbard and may not be used for purposes on the interpreted strictly. mainland or for e.g. development aid. Even so, as The prohibition against naval bases means that long as the effect of the use of these revenues no permanent military installation may be estab­ occurs in Svalbard, it ensues from the wording and lished for the purpose of stationing and providing 2008– 2009 Report No. 22 to the Storting 23 Svalbard military vessels with supplies or services that are Norwegian territory in peacetime for foreign mili­ normally offered at a naval base. However, the pro­ tary and civilian government vessels. The Norwe­ vision is no obstacle to the Norwegian Coast Guard gian authorities follow very restrictive practice and other vessels on port calls in Svalbard receiv­ with regard to granting such clearance. ing services and supplies from civilian suppliers as needed. The prohibition against fortification addresses 3.1.6 Research and other matters particular physical structures that are reinforced The Svalbard Treaty does not regulate research. to withstand attack and also usually equipped with However, Article 5 second paragraph has a provi­ artillery positions. For this reason it does not affect sion whereby conventions shall be concluded to any and every installation or structure of a military lay down the conditions for conducting scientific nature or significance. research. The provision says nothing about which There is therefore no blanket prohibition conditions shall apply, nor was it ever followed up. against all Norwegian military activity in Svalbard. It is therefore up to the Norwegian authorities, in For example, calls by Norwegian naval vessels or virtue of sovereignty, to lay down the regulations of Coast Guard ships or visits by Armed Forces’ air­ research activity that are deemed appropriate. craft or military personnel do not infringe the The same applies to other matters not affected Treaty and are in keeping with long-established by the Treaty. The Norwegian authorities regulate practice. Moreover, Norway may individually and and administer these areas in virtue of Norwegian collectively implement defensive measures in war­ sovereignty. To the extent the Norwegian authori­ time or if there is a threat of war. ties should choose to lay down rules in these areas Norwegian policy has been designed to ensure or otherwise exercise equal treatment, this is done proper compliance with the Treaty and a restrictive for reasons other than being so obligated under practice as regards Norwegian military activities in the Svalbard Treaty. Svalbard. In dealing with this question in practice, particular emphasis has been placed on factors such as frequency and duration, the nature of the 3.2 International agreements of units and whether there is a real need for carrying particular importance to Svalbard out the operation. For example, in view of the duties the Norwegian Coast Guard has in the All of the international agreements by which Nor­ waters around Svalbard, frequent calls by Coast way is bound also apply to Svalbard subject to any Guard vessels are natural. special exception. Moreover, in a declaration in 1971 to the signa­ tories, Norway stated that the airport in Longyear­ byen “is to be reserved exclusively for civil avia­ 3.2.1 The EEA Agreement and the agreement tion”. The declaration is a self-imposed restriction with the EU and was issued independently of the Svalbard When Norway ratified the EEA (European Eco­ Treaty. The purpose of the flight is crucial for nomic Area) Agreement in 1992, Svalbard was determining what is to be regarded as “civil avia­ excluded from its application. The reason was the tion”. Thus, military aircraft on civilian missions special circumstances ensuing from Norway’s obli­ are given permission to use the airport, e.g. Armed gations under international law under the Svalbard Forces aircraft in connection with search and res­ Treaty. For rules pursuant to Norway’s obligations cue operations and Coast Guard missions. under the EEA Agreement to apply to the archipel­ All foreign military activity in Svalbard is pro­ ago, the relationship to parties to the Svalbard hibited and would entail a gross infringement of Treaty that are not members of the EEA would sovereignty. Unless they involve innocent passage have to be clarified on account of the principle of through territorial waters, foreign military and non-discrimination in the areas where this princi­ civilian government vessels wishing to enter Nor­ ple applies. However, the Free Trade Agreements wegian territorial waters around Svalbard must between Norway and the European Economic apply well in advance for diplomatic clearance. The Community and the Convention establishing the same applies to calls at ports in Svalbard and land­ European Free Trade Association continue to ings at airports. The requirement for such clear­ apply to Svalbard. Free trade in goods is of great ance ensues from ordinary international law, but significance for Norway’s export of coal from Sval­ for the sake of clarity is also laid down in Regula­ bard to Europe. tions of 2 May 1997 concerning access and entry to 24 Report No. 22 to the Storting 2008– 2009 Svalbard

During the membership negotiations with the Svalbard is outside the Norwegian customs area. European Communities (EC, now the European Therefore, goods imported to Norway from Sval­ Union, EU) in 1972, an exception was made for bard are subject to customs clearance. Goods orig­ Svalbard in the Accession Agreement. Also during inating in Svalbard are exempt from duty accord­ the membership negotiations with the EU in 1994, ing to the provisions of the tariff schedule. Sval­ Norway and the EU agreed that Svalbard should bard is in practice a duty-free area. be exempted from membership of the EU. A sepa­ In the General Agreement on Trade in Services rate protocol to the Act of Accession on Svalbard (GATS), which entered into force simultaneously was negotiated which stipulated in Article 1 that with the WTO Agreement, Norway reserved the the treaties on which the European Union is right to clarify at a later date the agreement’s appli­ founded do not apply to Svalbard. cation in Svalbard in view of the laws and rules applying there. A more detailed account of the application of the WTO Agreement and appurte­ 3.2.2 The WTO Agreement, including GATT nant agreements in Svalbard is to be found on page and GATS 170 of Proposition No. 65 (1993–1994) to the Stor­ In connection with the entry into force of the ting on the outcome of the Uruguay Round (1986– agreement to set up the World Trade Organisation 1993) and on consent to ratification of the Agree­ (WTO) on 1 January 1995, no general reservations ment establishing the World Trade Organization concerning Svalbard were made, nor in the subsid­ (WTO), etc. iary agreement. The WTO was created on the basis of the previously concluded General Agree­ ment on Tariffs and Trade (GATT), which entered 3.2.3 The Schengen Agreement into force on 1 January 1948. GATT does not con­ The Schengen Agreement was established in 1985 tain reservations for Svalbard either. The prime and currently has 26 European member states. objectives of GATT is non-discrimination and The purpose of the agreement is to replace border reduction and elimination of tariff and trade barri­ posts and border controls between member states ers, and in all its essentials the agreement harmo­ with controls on the area’s external borders. nises with the Svalbard Treaty’s requirement for Because Article 3 of the Svalbard Treaty gives all non-discrimination. nationals equal liberty of access and entry to Sval­ In practice, GATT has not had any particular bard, the archipelago is not covered by this agree­ significance for Svalbard, because pursuant to the ment. For more on the Schengen Agreement, see Customs Act (Act No. 119 of 21 December 2007 Chap. 5 Legislation. relating to customs and the importation of goods) 2008– 2009 Report No. 22 to the Storting 25 Svalbard

4 Main objectives and instruments

At a time when the Arctic is attracting greater 4.1 Objectives of Norwegian policy interest, Svalbard policy is intended to help ensure towards Svalbard that developments in the High North take place in a peaceful manner and that conflict is avoided. 4.1.1 The overriding objectives remain Moreover, by facilitating Svalbard as a platform for unchanged Norwegian and international research, Svalbard The objectives of Norwegian Svalbard policy have policy is to contribute to a better understanding of remained the same for a long time and are set out climate change. The Government attaches consid­ in Report No. 40 (1985–86) to the Storting concern­ erable importance to Svalbard’s role in this connec­ ing Svalbard and Report No. 9 (1999–2000) to the tion, because the knowledge that can be obtained Storting, Svalbard. These objectives have been there will be of great significance for efforts to limit repeated in subsequent Storting documents con­ greenhouse gas emissions and as a basis for neces­ cerning Svalbard and are reaffirmed annually sary adaptation to the climate changes that must when the Svalbard budget is approved. The Gov­ be regarded as inevitable. ernment’s overriding objectives for its policy In view of this, the Government sees no reason towards Svalbard are: to change the overriding objectives of Norwegian – Consistent and firm enforcement of sover­ policy towards Svalbard. The objectives create a eignty. sense of security, continuity and predictability in – Proper observance of the Svalbard Treaty and the administration of the archipelago that is not control to ensure compliance with the Treaty. only in Norway’s interest but in that of other coun­ – Maintenance of peace and stability in the area. tries as well. The following is a review of how the – Preservation of the area’s distinctive natural main objectives along with other goals for the wilderness. archipelago are realised in the implementation of – Maintenance of Norwegian communities in Svalbard policy. the archipelago.

During the previous overall review of Svalbard pol­ 4.2 Review and discussion of the icy in 2000 there was broad cross-party agreement objectives in the Storting on these objectives. The objectives as well as the consensus surrounding them are 4.2.1 Effective exercise of sovereignty regularly reiterated when matters concerning Sval­ The administration of Svalbard has reflected the bard are debated in the Storting. The Government overriding objectives of Svalbard policy. The Gov­ attaches importance to a continuation of this broad ernment believes that this has made a solid contri­ political agreement on Svalbard policy. Various bution to predictable and proper administration of governments have stated that the objectives need the area and management of its resources. In a to be seen in context and that they are within the long-term perspective it is also important to ensure general goals for Norwegian policy towards ensur­ Norwegian presence through a community in ing national security and territorial integrity. The Longyearbyen that continues to be robust. objectives are to be within the framework of inter­ national law and contribute to international détente and peace. They are securely rooted in national 4.2.2 Preservation of the area’s unique interests and attitudes and accord with the treaty natural wilderness – environmental obligations Norway undertook when its sover­ protection eignty over the archipelago was internationally Preservation of Svalbard’s unique wilderness has recognised. For that reason the objectives serve to long been one of the overriding objectives of Sval­ meet the international expectations placed on Nor­ bard policy. The basis of current environmental way. protection policy is the objectives for preserving 26 Report No. 22 to the Storting 2008– 2009 Svalbard

Svalbard’s natural wilderness as they are The Government will continue to uphold the described in Report No. 9 (1999–2000) to the environmental goals from Report No. 9 (1999– Storting, Svalbard, which the Storting endorsed in 2000) to the Storting, Svalbard, in its administra­ its debate on this report (Recommendation No. 196 tion of Svalbard and continue to pursue the ambi­ (1999–2000) to the Storting). The main objectives tious objectives that these goals express. However, of environmental protection in Svalbard in Report the Government deems it important that the goals No. 9 to the Storting have been reaffirmed several for environmental protection in Svalbard capture times by various governments and Stortings since developments occurring since the previous report the report was submitted nearly ten years ago. and the challenges these entail. This pertains espe­ These objectives also underlie Act No. 79 of 15 cially to climate change and Svalbard’s increas­ June 2001 relating to environmental protection in ingly important role as a platform for climate and Svalbard (Svalbard Environmental Protection Act) environmental research. But also the growing and its accompanying regulations. stream of tourists and increasing use of Svalbard Svalbard has a unique natural wilderness, and for raising awareness of the vulnerable Arctic envi­ flora and fauna that are very rich in an Arctic con­ ronment and the threats faced by species and eco­ text. With the exception of the settlements and systems are important in this connection. In this adjacent areas, the archipelago as a whole is still report the Government is supplementing the predominantly a large contiguous wilderness area. objectives from the previous Report to the Storting An aim is for Svalbard to be one of the world’s best- on Svalbard on a number of points. This will high­ managed wilderness areas. In recent years Sval­ light Svalbard’s value as an internationally impor­ bard has been given new, up-to-date environmental tant natural and cultural legacy and the importance rules and extensive protection that are meant to of preserving large and essentially undisturbed ref­ ensure that human presence and activity are kept erence areas for climate and environmental within the bounds set in the interest of preserving research. To meet the objective of preserving Sval­ the archipelago’s unique natural wilderness. The bard’s natural wilderness, the Government also Svalbard Environmental Protection Act is largely view it as crucial that the policy instruments are framework legislation that sets forth the main prin­ refined and used in a manner that correspond to ciples governing the management of the archipel­ these challenges. The main objectives of environ­ ago’s environment. For that reason a number of mental protection in Svalbard are presented in regulations have been issued to supplement the Chap. 7 Environmental protection. Act. The objective of the Act is to maintain a virtu­ ally undisturbed environment in Svalbard with regard to continuous wilderness, landscape ele­ 4.2.3 A robust settlement in Longyearbyen – ments, flora, fauna and cultural monuments. a viable local community Within this framework, the Act allows room for Although historically, the number of residents of environmentally benign settlement, research and Longyearbyen has varied, since the previous com­ industrial and other economic activities. prehensive review of Svalbard policy in 2000 there Today, 65 per cent of the land area and 87 per has been a substantial increase in population. At 31 cent of the territorial waters in Svalbard are subject December 2008, 2,018 residents were registered as to special protection beyond that ensuing from the living in Longyearbyen. As discussed in detail in Svalbard Environmental Protection Act. The Gov­ Chap. 10 Longyearbyen and the other local com­ ernment believes that such extensive protection is munities, a number commute between the archi­ vital for meeting the objective of preserving Sval­ pelago and the mainland, so that the real popula­ bard’s natural wilderness and that the need to tion is somewhat lower. Maintaining a robust com­ learn more about the impacts of climate change in munity in Longyearbyen is a key part of Norway’s the Arctic make these protected areas more impor­ policy towards Svalbard. The establishment of tant as reference areas for research. local democracy in Longyearbyen in 2002 has Environmental protection is an integral part of given the local population the right to help deter­ a coherent Svalbard policy, which stipulates that mine policy in important areas such as community environmental considerations are to prevail when and land-use planning, infrastructure, economic they conflict with other interests. This entails that development and schools, day care and other fam­ the various sectors in Svalbard also have a separate ily and child policies. responsibility for avoiding such conflicts and for Coal mining operations have been very impor­ helping to achieve the environmental goals. tant to the Longyearbyen community. There has been coal mining in Svalbard for more than a cen­ 2008– 2009 Report No. 22 to the Storting 27 Svalbard

Figure 4.1 One of the three winners in the drawing competition “My Svalbard – why Svalbard is a good place to live” at Longyearbyen School. Drawn by: Anne Ragnhild Fause, 7th grade. 28 Report No. 22 to the Storting 2008– 2009 Svalbard tury, and coal mining continues to be the most in the absence of coal mining. Coal mining is there­ important industry in Longyearbyen – both in fore crucial for maintaining Longyearbyen as a terms of the number of jobs and for maintaining family community and keeping it stable. On the Longyearbyen as a family community. At the end of other hand, the future prospects of coal mining 2008 the Store Norske group had 386 employees, must be viewed in light of the fact that coal is a non­ and most of the activity is now in the Svea mine, renewable resource. At the same time, trends sug­ hereinafter referred to as Svea. In addition, there is gest that in the future, existing and new, varied a smaller mine near Longyearbyen, and considera­ activities, especially in the areas of research, teach­ ble derived activity as a consequence of the com­ ing, space-related activity and tourism will play an pany’s operations. even more important role as a basis for the Long­ In recent decades the Norwegian authorities yearbyen community. have deliberately focused on diversifying the Long­ Following a review of the tax system in Sval­ yearbyen economy by establishing and investing in bard in 2007, the Government introduced an up-to­ activities related to research and education. Devel­ date tax system that more closely matches the ordi­ opment of tourism has also been encouraged. This nary tax system on the mainland and international combination (coal mining, tourism and research rules. Together with a low income tax rate, this will and education) is often called “the three pillars” of help to sustain a robust Norwegian community in the Government’s policy, and the commitment to Longyearbyen. The Government does not wish to them has in the aggregate contributed to a robust plan for Longyearbyen becoming a “cradle-to­ community in Longyearbyen. The population grave” community with a full array of services, growth in Longyearbyen is due primarily to the which is also a precondition for the low tax rate in increase in activity in coal operations and its the new tax regime. However, Longyearbyen will derived activities, education, research and tourism. be developed further as a high-quality family com­ The general increase in activity that has taken munity with social welfare and other services place in Longyearbyen in the past ten years has adapted to the community’s size and structure, also itself attracted labour. within proper environmental limits. The Government notes that there has been considerable growth in Longyearbyen in the past decade. Further growth may trigger investment 4.2.4 Svalbard as a research platform needs related to energy supply, housing, day care The Norwegian authorities have consciously and school places, etc. This will also be a challenge focused on building up Svalbard as a platform for to the local authorities in Longyearbyen. Such Norwegian and international polar research. In growth may come into conflict with the ambitious Ny-Ålesund, nine foreign research institutions environmental goals set for the archipelago. By have set up permanent research stations. More­ employing key policy instruments such as laws over, Russian and Polish institutions have research and regulations, the local and central administra­ activities in Barentsburg and Hornsund, respec­ tion, appropriations in the national budget as well tively. Svalbard has natural advantages, which, as the exercise of state ownership, the central gov­ combined with a well-developed infrastructure, ernment authorities may help to steer develop­ enables researchers from around the world to ments in a direction compatible with the objectives meet in Svalbard for scientific collaboration. The of Norwegian Svalbard policy. At the same time, aim is for research activities to take place where part of the responsibility for the development of Norwegian infrastructure has for the most part the local community in Longyearbyen is the Long­ already been built. yearbyen Community Council, which through the In recent years it has become increasingly clear Svalbard Act also has an obligation to guide devel­ that climate change in the polar regions is of funda­ opments in line with these objectives. For a mental importance for the state of the planet as a detailed discussion of infrastructure etc. in Long­ whole. As discussed by way of introduction, the yearbyen, see Chap. 10 Longyearbyen and the Arctic is undergoing dramatic climate changes that other local communities. also are of great significance for the global climate. The rapid growth of Longyearbyen in the past Svalbard is a key area for obtaining knowledge decade was caused by simultaneous increases in about what happens when temperatures in the Arc­ activities connected with coal mining, tourism and tic rise. This applies both to climate impacts on eco­ research and education. According to NIBR report systems and species and studies of climate proc­ 2008:22, the population of Longyearbyen and Svea esses of global importance. In addition, Svalbard’s together would be approximately 40 per cent lower geographic location is unique for investigating the 2008– 2009 Report No. 22 to the Storting 29 Svalbard atmosphere and for downloading data from satel­ way of introduction, the most important of these lites in polar orbits. For that reason it is the Gov­ are regulation through acts of law and other statu­ ernment’s objective to continue to develop Sval­ tory instruments, the local and central administra­ bard as a particularly valuable and attractive plat­ tion, appropriations in the national budget and the form for international collaboration in polar exercise of state ownership in companies operat­ research. This topic is discussed in Chap. 8 of the ing in Svalbard. report, Research and higher education. Since the previous report, environmental rules have been considerably tightened both through a separate, up-to-date environmental protection act 4.3 Instruments in Norway’s policy with appurtenant regulations and through a con­ towards Svalbard siderable geographic enlargement of protected areas. The environmental regulations are the chief 4.3.1 Introduction basis for central government control of land use in Report No. 9 (1999–2000) to the Storting, Sval­ Svalbard. Within the protected areas the Protec­ bard, described developments where the expan­ tion Regulations are the most important tool for sion of local administration from the 1970s, with a controlling activity and land use. In the areas that subsequent clearer distinction between public and are not protected, activities and land use are regu­ private activities, led to responsibility and authority lated by strict, general environmental rules. In within the various sectors being largely decentral­ land-use planning areas surrounding the settle­ ised. Changes in the state ownership structure in ments, the Svalbard Environmental Protection Act the 1990s resulted in administrative agencies being and its accompanying regulations provide guide­ increasingly organised as limited companies. This lines for land-use planning and activities that can has served to reduce opportunities for direct con­ impact the environment. The environmental rules trol in some areas and for using these companies are discussed in greater detail in Chap. 7 Environ­ as active instruments of Svalbard policy. The mental protection. decentralisation of authority has continued in the Since the Government is cognisant of the 2000s. In addition, the growth of the private sector strong national interests and obligations under has accelerated, and today there are many more international law related to the archipelago, it players in the Longyearbyen community than believes that active central government involve­ before. Longyearbyen also has a more diversified ment in further development there will be impor­ economy and array of services and resembles tant for the future as well. more a mainland municipality. While coal mining is still the biggest employer, there has in recent years been an increase in both 4.3.2 Acts and regulations public and private sector activities, especially in Norwegian private law, criminal law and proce­ tourism. Activity has also increased in research dural law apply in their entirety in Svalbard unless and higher education, in both Ny-Ålesund and otherwise expressly stated. All other legislation Longyearbyen. Developments in the past decade applies only when it is expressly made applicable to have resulted in a more complex society, making the archipelago. Act No. 11 of 17 July 1925 relating coordination a more important and at the same to Svalbard (Svalbard Act) lays down this principle time more demanding task than it once was. and other overarching rules concerning Svalbard. The introduction of local democracy through For instance, the King is granted extensive powers the establishment of the Longyearbyen Commu­ to issue regulations in a number of administrative nity Council in 2002 has bolstered local participa­ areas. tion in the management of community develop­ Legislation is the most important policy instru­ ment in Longyearbyen. The Community Council ment for Norway’s exercise of authority in Sval­ has authority and responsibility in a number of bard and for advancing the objectives of its Sval­ areas, for the provision of public services and for bard policy. Traditionally, statutory regulation has development tasks within a geographically limited been considered on the basis of assessments of area: the Longyearbyen land-use planning area. suitability and of the need for the statutory or reg­ In the aggregate this development has altered ulatory provision in question. However, develop­ some of the control mechanisms over development ments in the past decade especially, when the nor­ in Longyearbyen. However, central government malisation of the Longyearbyen community was still has powerful instruments for use in formulat­ prominent, have resulted in legislation that was ing Norwegian Svalbard policy. As mentioned by previously not deemed necessary for Svalbard now 30 Report No. 22 to the Storting 2008– 2009 Svalbard being applied. In addition, the rules for Svalbard coordinating and consultative body for the central should be as identical as possible with those for administration’s dealings with polar affairs and is mainland Norway. to be a special advisory body to the Government as This development is also justified by the fact well in such matters. The fact that polar matters are that Norwegian administration is served by a set of submitted to the Committee on Polar Affairs does rules in Svalbard that are as complete and effective not change the decision-making authority of the as possible. However, matters of a practical or ministry concerned and the appropriate minister’s administrative nature or of international law may constitutional responsibility for the decision. For entail that rules, according to their subject matter, more on the Interministerial Committee on Polar are not directly applicable in Svalbard. As is Affairs, see section 6.2.1. emphasised in Report No. 9 (1999–2000) to the Storting, Svalbard, the challenge remains to develop rules that are well-suited to local condi­ 4.3.4 The Governor of Svalbard tions and that can be effectively enforced on the The Governor of Svalbard is the Government’s basis of available resources. The Government highest-ranking representative in the archipelago wants the regulation of Svalbard to differ as little as and one of the most important players in the local possible from mainland legislation unless there are administrative apparatus in Svalbard and in manag­ weighty reasons for any difference. ing the state’s interests. In addition to administer­ In its deliberation of the previous Report to the ing Norwegian Svalbard policy and safeguarding Storting on Svalbard, the Storting Standing Com­ Norway’s rights and obligations under the Sval­ mittee on Foreign Affairs, cf. Recommendation No. bard Treaty, the Governor has a key role in setting 196 (1999–2000) to the Storting, requested that the agenda for Norwegian policy in the archipel­ the Government consider whether it might be ago. Consistent and effective enforcement on the appropriate to amend Section 2 of the Svalbard Act, part of the Governor is a key element of Norway’s so that Norwegian statutory provisions are to compliance with requirements under international apply to Svalbard unless expressly stated other­ law regarding the archipelago, and not only with wise. The Office of the Auditor General also regard to the Svalbard Treaty, but also the Conven­ pointed this out in its investigation of the manage­ tion on Biological Diversity etc. Inspections and ment of Svalbard (Document No. 3:8 (2006– compliance monitoring are important instruments 2007)). The Government has thoroughly reviewed for enforcing rules over which the Governor is this question and has concluded that such an granted authority and in that way exercise author­ amendment should not be made. For a detailed dis­ ity effectively. For that reason it is important for the cussion of this and other topics related to legisla­ Governor to represent a decisive and capable tion, see Chapter 5 Legislation. organisation that is able to be present anywhere in the archipelago when the need arises. The Governor’s core duties consist of search 4.3.3 Central administration and rescue and emergency response efforts in the Historically, central authorities have had overrid­ archipelago, responsibility for the police and pros­ ing and direct control over most of the Norwegian ecuting authority as well as environmental man­ activities in the archipelago, but as pointed out ear­ agement. Svalbard is Norway’s largest police dis­ lier, today this control is somewhat more frag­ trict in area, and the Governor has the same mented. It has gradually made sense not to treat authority as a chief of police on the mainland. In vir­ Svalbard specially for administrative purposes tue of being chief of police, the Governor is the beyond the areas where this special treatment is head of the Rescue Sub Centre (RSC). Further­ necessary. more, in virtue of his authority as a county gover­ The Ministry of Justice and the Police has a nor, the Governor has the coordinating responsi­ particular responsibility for coordinating the cen­ bility for civil protection and contingency planning tral administration’s polar affairs. One of the most in the archipelago. The Governor is also an impor­ important policy instruments in the Ministry’s tant government resource for emergency work is the Interministerial Committee on Polar responses to oil spills in the archipelago, cf. Chap. Affairs, cf. Instructions for dealing with polar 11. affairs and for the Interministerial Committee on The Governor has the responsibility for local Polar Affairs (Committee on Polar Affairs Instruc­ environmental and cultural heritage management tions) were laid down by the Royal Decree of 18 for the entire archipelago and discharges this October 2002. The Committee on Polar Affairs is a through the Svalbard Environmental Protection 2008– 2009 Report No. 22 to the Storting 31 Svalbard

Act and its accompanying regulations and other The Svalbard budget is largely an operating legislation. budget, where the biggest transfers pertain to the The population growth in Longyearbyen and a Governor’s administration and transport (includ­ trend whereby more and more laws are applied to ing helicopters and service vessel), the central gov­ the archipelago have led to an increase in the Gov­ ernment’s buildings in Longyearbyen (Statsbygg) ernor’s duties in both scope and complexity. This is as well as grants to the Longyearbyen Community not least because the interest in Svalbard and the Council. The remaining transfers largely concern High North is increasing rapidly among national as the operation of various state agencies. In the well as international players, i.e. policymakers, aggregate, the local community in Longyearbyen business interests, scientific communities and the is substantially funded by government transfers. media. This is generating an increasing need for These transfers mean that the central authorities the Norwegian authorities to be present in the have considerable power by issuing guidelines for field, play a supervisory role and enforce rules. In agency operation. addition, the formulation and introduction of new The Svalbard budget also provides a total over­ laws and regulations must constantly be assessed. view of expenditure and revenue in other minis­ With this increasing attention there is also a tries’ budget chapters. For example, substantial greater influx of various official and private delega­ funds go for the operation of the University Centre tions to the archipelago. For that reason it is impor­ in Svalbard (UNIS), Longyearbyen Hospital and tant that in his administrative practices the Gover­ the Norwegian Polar Institute, which are all key nor meets the high level of ambition that the Nor­ players in implementing Norwegian Svalbard pol­ wegian authorities have for Svalbard in areas such icy. For 2009 a net amount of just under NOK 400 as research, knowledge and environmental protec­ million in all will be appropriated through the tion. The Government wants the Governor to national budget for various Svalbard purposes, enhance his role as the Government’s highest- which not only gives central authorities a responsi­ ranking representative and in setting the agenda bility for maintaining a firm commitment to the for Norwegian policy in the archipelago. For a archipelago but also helps to guide developments more detailed discussion of the Governor of Sval­ in a direction that accords with the overriding bard, see Chap. 6 Administration. objectives of Norwegian Svalbard policy. Persons and companies have enjoyed favour- able economic conditions in Svalbard. Lower 4.3.5 Public finances income tax rates than on the mainland have been The Svalbard budget is submitted by the Ministry used as an instrument and incentive to ensure set­ of Justice and the Police as a separate budget prop­ tlement and create and maintain activity. As part of osition at the same time as the national budget. the tax reform on the mainland, the Government Article 8 second paragraph of the Svalbard Treaty also reviewed the tax regime in Svalbard, cf. sec­ provides that taxes, dues and duties are to be tion 4.2.3. It is important for the Government that devoted exclusively to Svalbard and are not to the tax regime in Svalbard maintain low tax rates, exceed what is required for the object in view in the while it should be simple and tailored to conditions archipelago. This is the reason for a separate Sval­ in the archipelago. Furthermore, the system is to bard budget. The Svalbard budget provides overall be based on solutions that ensure a competitive information on all expenditure and revenue in the environment for investment and business enter­ archipelago. The Government believes that the prise in Svalbard, which will help to ensure a overall presentation is an important tool in admin­ robust Norwegian community. istering Svalbard and gives the Storting an excel­ lent overview of developments in the archipelago. The Svalbard budget has grown substantially in 4.3.6 State ownership the past decade, and the 2009 budget calls for total The state owns approximately 95 per cent of all expenditure of NOK 231.7 million. This increase land in Svalbard. As the largest landowner the state reflects the commitment to the High North and the can regulate activities in the archipelago within the general increase in activity in the archipelago. framework set by the Svalbard Treaty, the Sval­ Expenditures continue to exceed revenues in the bard Environmental Protection Act and other laws budget, and an annual allocation from Chap. 480 of and regulations. Active exercise of the role of land­ the Ministry of Justice helps to cover the shortfall. owner involves managing the land in accordance At the same time, the increase in activity in the with the authorities’ overriding objectives and per­ archipelago is generating higher tax revenues. 32 Report No. 22 to the Storting 2008– 2009 Svalbard formance of private law functions appertaining to Universitetssenteret på Svalbard AS (UNIS) the property owner. was founded in 2002 and replaced the University The mining company Store Norske Spitsber­ Courses in Svalbard foundation, which was gen Kulkompani AS (called Store Norske or founded by the four Norwegian universities in SNSK) owns the land inside Longyearbyen’s land- 1994. UNIS receives most of its appropriation over use planning area, while the Longyearbyen Com­ the budget of the Ministry of Education and munity Council is responsible for the infrastruc­ Research. The establishment of UNIS has been a ture in this area, cf. Sections 31 and 33 of the Sval­ success, and today the university centre is vital for bard Act. To guarantee the Community Council’s ensuring stable settlement in Longyearbyen. rights on SNSK property, an agreement has been Kings Bay AS provides support services in Ny- concluded between the Council and SNSK. The Ålesund for research and scientific activity and agreement provides the Council with instruments helps to develop Ny-Ålesund as an international to ensure that its planning decisions are carried Arctic scientific research station. The company, out and to ensure local development for the good of which receives its entire appropriation through the the individual and for the Longyearbyen commu­ budget of the Ministry of Trade and Industry, is a nity. key player in reaching the objective of further The State Ownership Report states that one of developing Svalbard and Ny-Ålesund as a platform the objects of SNSK is to contribute to a robust for international polar research. The Ministry of community in Longyearbyen. This agreement will Trade and Industry manages the holding in be reviewed to see whether it adequately Bjørnøen AS. On Bjørnøya there is a weather sta­ addresses the needs of local democracy going for­ tion; otherwise most of the island is protected as a ward and whether it continues to support the main nature reserve. objectives of Norwegian Svalbard policy. SvalSat is owned by Kongsberg Satellite Serv­ As shareholder the state controls the mining ices (KSAT), in which the state has a 50 per cent company Store Norske Spitsbergen Kulkompani stake. It is the world’s northernmost station for AS with a 99.94 per cent stake, as well as Kings Bay downloading satellite data and currently has 16 AS, Bjørnøen AS and Universitetssenteret på Sval­ employees and turnover of over NOK 100 million bard AS (UNIS), all wholly-owned state limited per year. SvalSat is a world leader in downloading companies. The Ministry of Trade and Industry data from weather satellites in polar orbits. manages the state’s shares in SNSK, Kings Bay AS and Bjørnøen AS, while the Ministry of Education and Research manages the state’s holdings in 4.3.7 Local administration by the UNIS. The Ministry of Health and Care Services Longyearbyen Community Council owns Longyearbyen Hospital, in that the hospital is As mentioned above, in 2002 the Longyearbyen a department of the University Hospital of North­ Community Council, a popularly elected body, was ern Norway Trust. established. The Community Council has a sub­ The Government requires that Store Norske’s stantially broader area of responsibility than its mining operations be on commercial terms and predecessor, the Svalbard Council, in exercising independent of state aid. At the same time, the authority in selected areas, in responsibility for company’s objects clause states that the company’s providing public services and for development activities are to contribute to the maintenance and tasks. An important area assigned to the Longyear­ further development of the community in Long­ byen Community Council is responsibility for yearbyen in a manner that supports the overriding social infrastructure not assigned to the state or objectives of Norwegian policy towards Svalbard. other parties, including energy supply. The estab­ Ownership is managed according to the principles lishment of the Longyearbyen Community Council of proper ownership approved by the Storting has resulted in an exercise of authority better tai­ though its debate on Report No. 13 (2006–2007) to lored to circumstances and an administration simi­ the Storting, An Active and Long-term State Own­ lar to municipal government administration on the ership, and generally accepted principles of corpo­ mainland with regard to legitimacy, authority and rate governance. responsibility. The Community Council receives its The Government has a long-term perspective appropriation from the Ministry of Justice and the on its ownership stake and does not want to reduce Police through the Svalbard budget. This is prima­ it. The same applies to the state’s holdings in Kings rily a block grant, but certain guidelines are pro­ Bay AS and Bjørnøen AS. vided through the letter of allocation and other contact between local and central authorities. 2008– 2009 Report No. 22 to the Storting 33 Svalbard

Figure 4.2 Longyearbyen Photo: Birger Amundsen/Svalbardposten

Since the establishment of the Community logue, to keep itself briefed on local challenges, but Council, central authorities have been keen on also to communicate central government policy developing a close dialogue with it. This pertains and expectations to local authorities. These discus­ primarily to the Ministry of Justice, on account of sions make clear the importance of the role of local the ministry’s role as coordinating body for the democracy. In the same way that local self-govern­ central administration’s polar affairs. Regular con­ ment is regarded to be the best and most effective tact meetings are also held between the Minister of way of organising local communities in the rest of Justice and the Community Council. In addition, at Norway, it also provides a proper framework for regular intervals the Council meets in Svalbard Longyearbyen. For that reason the Government with various Storting Standing Committees. The will underscore the importance of having estab­ Ministry of Justice sees great value in this dia­ lished local democracy in Longyearbyen. 34 Report No. 22 to the Storting 2008– 2009 Svalbard

5 Legislation

5.1 Introduction “Norwegian private and penal law and the Nor­ wegian legislation relating to the administra­ Legislation is necessary for societal development tion of justice apply to Svalbard, where nothing in line with the overriding objectives of Svalbard to the contrary has been provided. Other statu­ policy. Since the previous Report to the Storting on tory provisions do not apply to Svalbard unless specifically provided.” Svalbard, the community services in the archipel­ ago, particularly in Longyearbyen, have become In addition, Section 3 of the Svalbard Act stipu­ more like corresponding local communities on the lates that the mainland legislation shall automati­ mainland. This, combined with Norway’s increas­ cally apply for rules relating: ingly extensive obligations under international law “[to] public officials, to payment for public acts, in general, has led to a greater need to make new to coins, measures and weight, to time, to the laws and regulations applicable to Svalbard. In its provision of universal postal services, to elec­ performance audit of Svalbard, the Office of the tronic communications, to labour protection Auditor General pointed out that in some areas, and to labour disputes”. Svalbard appears to be underregulated, cf. Docu­ Furthermore, Section 4 of the Svalbard Act ment No. 3:8 (2006–2007). Furthermore, in its grants the King authority to issue regulations con­ deliberation of this report (Recommendation No. cerning: 46 (2007–2008) to the Storting), the Storting main­ tained that any review of the principle for the appli­ “the church, school and poor relief services, cation of laws to Svalbard requires thorough concerning public order, concerning deporta­ assessments. Against the backdrop of these obser­ tion, concerning the medical and health serv­ vations and other important trends, this chapter ices, concerning the building and fire services, will provide an account and assessment of the over- concerning combustible articles, concerning arching legislative principles applying to Svalbard. shipping, aviation and other communications, considering tourism, concerning patents etc., The chapter will conclude with a review of the main concerning mining, concerning salt-water fish­ features of a number of important areas of law and ing, concerning the catching of non-native areas where the Government is assessing the need marine mammals and other economic activities for changes. and concerning submission of data to the offi­ cial statistics. The King may also issue regula­ tions concerning restrictions on activities that 5.2 Principles governing the may be harmful to research activities in certain application of legislation in areas of particular value to research.” Svalbard Other provisions of the Svalbard Act also pro­ 5.2.1 Introduction vide rules on the application of other legislation to Svalbard. For example, the fifth chapter “Long­ It is important to emphasise that in virtue of its sov­ yearbyen Community Council” governs the appli­ ereignty Norway may make all legislation that cation of provisions of the Local Government Act applies to the mainland applicable to Svalbard as (Act No. 107 of 25 September 1992 relating to well. The only limitation under international law is municipal and county authorities). A number of that the legislation must not conflict with the provi­ laws have also been given application through sep­ sions of the Svalbard Treaty. The basis for the arate provisions in the particular act, e.g. Section application of legislation to Svalbard is laid down in 14 the Product Control Act (Act No. 79 of 11 June Act No. 11 of 17 July 1925 relating to Svalbard (the 1976) relating to control of products and consumer Svalbard Act). The Act provides the methodologi­ services) and Section 1–2 of the Child Welfare Act cal legal basis for determining the application of (Act No. 100 of 17 July 1992 relating to child wel­ legislation to the archipelago. Section 2 of the Sval­ fare services). bard Act reads as follows: 2008– 2009 Report No. 22 to the Storting 35 Svalbard

should be made and whether more laws are to 5.2.2 Section 2 of the Svalbard Act be made to apply in Svalbard is something that Pursuant to Section 2 of the Svalbard Act, all pri­ in the event needs to be considered and dis­ vate law legislation applies automatically to Sval­ cussed carefully, so that all consequences are bard, where nothing to the contrary is provided. brought out in the open.” The same applies to criminal law rules and rules The question concerning the principle govern­ concerning the administration of justice. While pri­ ing the application of laws to Svalbard has been vate law legislation is not defined in Section 2, the taken up on several previous occasions, as the quo­ terms is generally understood to be an umbrella tation makes clear. The Government has made a terms for any regulation of the relationship note of the Committee’s statement and has studied between private parties. Furthermore, the second the issues, including a discussion and assessment paragraph states that other statutory provisions do of a possible change in the principle concerning not apply to Svalbard unless specifically provided. the application of laws in Section 2 of the Svalbard Read in the context of the first paragraph, this Act. The gist of this study appears below. implies that legislation characterised as “public Historically, legislation concerning Svalbard law” (except for criminal or procedural law) applies has been based on assessments of suitability and only when specifically provided. What is “specifi­ practical considerations, especially on account of cally provided” depends on a case-by-case assess­ its geographic location, climate and other local ment. In a ruling (Rt. 2007 p. 81), the “Nordpol Tel­ conditions. This is the background for choosing at ecom case” the Supreme Court of Norway inter­ the time the principle appearing in Section 2 of the preted it to mean that some clear basis in the act, Svalbard Act. Especially in the period between or in its preliminary studies, is required for public 1925 and 1975, the archipelago was physically iso­ law rules to apply. The Supreme Court also empha­ lated for large portions of the year owing to ice con­ sises hat in the area of the principle of legality there ditions. Local conditions have also been tradition­ are even stricter requirements for this to be specif­ ally determined by the resources, transactions and ically provided. Nor is it sufficient for a statute to services of private companies. More recent Nor­ assume that other statutes will apply, unless these wegian legislation has had the aim of better compli­ statutes are expressly made to apply. This was ance with Norway’s international obligations, at clear in the aforementioned case, where the public the same time as it addresses new needs and chal­ law portions of the Accounting Act were not lenges. These two factors, the historical basis and deemed to apply, even though the Limited Liability more recent legislation, need to be taken into Companies Act’s private law portions implicitly account in an evaluation of the principle regarding assume the application of these provisions. For the application of legislation in Svalbard. more on this ruling, see section 5.3 below. There are several arguments in favour of inver­ ting the principle in Section 2. Firstly, there are a number of facts in its favour. The local community 5.2.3 Should the principle in Section 2 of the in Longyearbyen has grown in recent years along Svalbard be inverted? with a booming economy. The Office of the Auditor In the aforementioned discussion of the Office of General points out these circumstances in the the Auditor General’s report on the management aforementioned report: “The development towards of Svalbard, the Storting Standing Committee on a more normal society in Longyearbyen has meant Scrutiny and Constitutional Affairs stated that: that it is increasingly desirable to make Norwegian legislation applicable to Svalbard.” It must be “[t]he Committee is aware that in its delibera­ tion of the previous Report to the Storting on assumed that amending Section 2 may contribute Svalbard, the Storting Standing Committee on to more regulation. This normalisation of societal Foreign Affairs, cf. Recommendation No. 196 functions in Svalbard implies, in the Government’s (1999–2000) to the Storting, requested that the view, that one should in any case seek to make Government consider whether it might be mainland legislation applicable to the extent it is appropriate to amend Section 2 of the Svalbard possible. However, this can be done without having Act, so that Norwegian statutory provisions are to invert the principle in Section 2. to apply to Svalbard unless otherwise expressly Another weakness of the current system is the provided. According to the investigation by the distinction between private and public law. This Office of the Auditor General, a study of this distinction is, as was noted, not defined in the Act matter has so far not been done. The Commit­ and can create errors in interpretation. While it tee assumes that whether any such change 36 Report No. 22 to the Storting 2008– 2009 Svalbard was once easier to categorise public law and pri­ health services in the area of general and emer­ vate law legislation, today entire sectors or areas of gency medicine, and access is provided to the most life are regulated, and such legislation contains essential services that a working-age population both public law and private law elements. By needs, including schools, day care, dentistry serv­ inverting the principle in Section 2 of the Svalbard ices and midwife and public health nurse services. Act, this distinction will lose its significance. All Even so, key entitlement legislation, such as the legislation will then apply, unless the contrary is Social Welfare Act, does not apply to the archipel­ expressly provided. ago. During residency in Svalbard, Norwegian It has also been claimed that the term “særskilt nationals keep their previous addresses on the fastsatt” (“specifically provided”) has an imprecise mainland entered in the national population regis­ semantic content which creates doubts as to how it ter, which means that in the event of a need for should be interpreted. However, in its aforemen­ services beyond what is available in Svalbard, they tioned ruling in the “Nordpol Telecom case” (Rt. need to contact their respective local municipali­ 2007 p. 801) the Supreme Court has helped to clar­ ties on the mainland and avail themselves of the ify this concept. services there. In the settlements outside of Long­ New laws are often passed with a separate yearbyen, in Barentsburg, Hornsund and Ny- authorisation to issue regulations for the King to Ålesund, respectively, no provision of public serv­ determine the extent to which the act is to apply to ices is made by the Norwegian authorities. Here Svalbard. However, the extent varies to which this the local services offered to inhabitants vary, but authorisation is actually used. Even if the overrid­ what they have in common is that the respective ing principle in Section 2 of the Svalbard Act employer(s) arrange for the services, either pro­ applies in these cases, and any private law rules in viding them themselves or purchasing them. the law already apply to Svalbard, this legal tech­ This system has been regarded as an appropri­ nique can provide the basis for assuming that no ate way to organise Svalbard communities, and the part of the law applies if such a regulation is not Government will continue to resist allowing Long­ issued. If the principle in Section 2 is inverted, yearbyen or other local communities to become doubts in these cases will no longer arise. “cradle-to-grave” societies. In this connection it is However, the Government would emphasise important to emphasise that the low tax rates in the that there are still a number of special circum­ archipelago precisely reflect the services that are stances connected with Svalbard that argue in available. An employed person in Svalbard pays an favour of retaining the principle in Section 2. 8 per cent “flat” tax to the state (15.8 per cent A weighty consideration is that legislation in including National Insurance contributions). Resi­ the archipelago must not be at variance with the dents of Longyearbyen pay no local tax to the Long­ obligations Norway has under the Svalbard Treaty. yearbyen Community Council. If the main principle is for all laws to apply automat­ By way of introduction it was pointed out that ically to Svalbard, it may more easily have the societal developments in Longyearbyen have unfortunate result of regulating matters in Sval­ meant that it is increasingly desirable to make Nor­ bard in a manner that infringes the Treaty. This wegian legislation applicable to Svalbard. But as was also pointed out in Report No. 9 (1999–2000) mentioned above, conditions in Svalbard are never­ to the Storting, Svalbard, page 28: theless special. For that reason, developments toward normalised community functions do not “[If] public law legislation were to be made necessarily require that all legislation be identical applicable to Svalbard without the requirement of specific provision, any lack of vigilance could to that on the mainland. There will often be a need result in a Norwegian provision being uninten­ to consider case-by-case whether laws and regula­ tionally made applicable, possibly resulting in a tions should be applied. Such assessments can be violation of international law and/or detrimen­ complicated and time-consuming. Moreover, if the tal effects on foreign policy. These flaws could principle in Section 2 of the Svalbard Act is arise in relation to formal statutes, but espe­ inverted, situations may more easily arise in which cially in connection with delegated legislation a lack of vigilance can result in laws nevertheless in the form of regulations.” being made to apply to the archipelago that provide The principle for the application of laws also entitlements that are not part of what is currently has an important aspect regarding the welfare sys­ offered and that are contrary to current policy for tem in Svalbard and how it is set up. For residents what is desirable. The consequences of this may be in Longyearbyen there is currently access to public ambiguity regarding what services are and should be available. 2008– 2009 Report No. 22 to the Storting 37 Svalbard

There are also certain characteristics of the The Government firmly believes that in light of society in Svalbard that argue in favour of maintain­ the discussion above, the current principle in Sec­ ing the principle in Section 2 of the Svalbard Act. tion 2 of the Svalbard Act should be retained. In the As mentioned above, Article 3 of the Svalbard view of the Government, the best thing would be Treaty contains a provision whereby nationals of for the issue of the application of laws to Svalbard all signatory states have “equal liberty of access to be considered through separate processes, inde­ and entry” to the archipelago. Consequently, the pendent of the law’s entry into force for the main­ Immigration Act (Act No. 64 of 24 June 1988 relat­ land. On a general basis there is reason to expect ing to the entry of foreign nationals into the King­ the application of laws to Svalbard to continue to dom of Norway and their presence in the realm) increase. Moreover, the Government sees that does not apply. However, prospective migrants are there may be a need to examine more closely some required to have a place to live and be able to sup­ practical matters concerning the application of port themselves, cf. Regulations No. 96 of 3 Febru­ laws to Svalbard and the principle in Section 2 of ary 1995 concerning exclusion and deportation of the Svalbard Act. persons from Svalbard. The lack of restrictions on entry to Svalbard pursuant to the Immigration Act is difficult to reconcile with a general application of 5.2.4 Section 4 of the Svalbard Act – the modern entitlement legislation. authorisation provision The entitlements available to foreign nationals Because of the special conditions in Svalbard, in Svalbard depend inter alia on whether their there has often been a need for certain modifica­ employer may be said to be Norwegian in the tions to an act of law before it can be made applica­ sense of the National Insurance Act, cf. below. In ble to the archipelago. As mentioned by way of the event they need health services, various social introduction, Section 4 of the Svalbard Act author­ welfare services and schooling beyond what is pro­ ises the King to issue general regulations in a vided for today, foreign nationals will have to avail number of legal areas deemed to be important for themselves of the services available in their the administration of Svalbard, among other rea­ respective native countries. Nor can a foreign sons because conditions in these areas have national acquire the right to citizenship merely by diverged substantially from the situation on the entering and residing in Svalbard. These rules also mainland. imply that foreigners do not automatically have Thus Svalbard is administered in accordance access to mainland services. The reason this is with regulations that are laid down on the basis of being emphasised here is to illustrate further that powers granted by the Storting, and where the Svalbard society diverges in some fundamental King’s authority to lay down regulations in many areas from society on the mainland, which under­ cases is delegated to the competent ministry and, scores the need to be able to make case-by-case in some instances, further to a lower level of the assessments of whether public law legislation public administration. This is a phenomenon that should be made to apply to Svalbard and, if so, in also makes itself felt on the mainland, but which – what way. for practical reasons – may have developed more in Since the previous Report the local community Svalbard than on the mainland. in Longyearbyen has undergone changes in the The Government attaches great importance to direction of a more multicultural society. These the administration of Svalbard having the broad changes have resulted in a need to clarify the legal support of the Storting. The regulations laid down situation in some areas, so that foreign nationals for Svalbard are therefore often based on statutory who come to Svalbard are made aware of the rights provisions that already apply to the mainland, but and obligations that ensue from residence in Sval­ are adapted as necessary to take account of local bard. In view of developments in recent years, a conditions and comply with the Svalbard Treaty. need has arisen to be even clearer about the rights Furthermore, all bills and draft regulations con­ and obligations a person has as a foreigner in Sval­ cerning Svalbard are submitted to the Interminis­ bard. The local government bodies in Longyear­ terial Committee on Polar Affairs to ensure that byen have taken this need seriously and have legislation concerning Svalbard is in accordance worked together to produce informational material with the Government’s policy towards the archipel­ to be distributed to newly arrived foreigners to ago, including the objectives set out in previous Longyearbyen. The information covers everything documents submitted to the Storting. A good from the system for the applications of laws to Sval­ example of this practice is the new Regulations No. bard to more practical information. 153 of 15 February 2008 concerning cemeteries in 38 Report No. 22 to the Storting 2008– 2009 Svalbard

Longyearbyen and the spreading of ashes in Sval­ Out of other considerations as well, in particu­ bard. These regulations are authorised by Section lar instances, legislative and enforcement practices 4 of the Svalbard Act and are composed of provi­ may be necessary with a somewhat more differen­ sions of the acts that govern these matters on the tiated approach to the various settlements or types mainland (Act No. 31 of 7 June 1996 relating to the of activities. For example, in some cases when Church of Norway and Act No. 32 of 7 June 1996 introducing mainland regulations, the numerous relating to cemeteries, cremation and burials) and foreign players in the archipelago may be empha­ contain special rules adapted to conditions in Sval­ sised. In exceptional cases taking these into con­ bard, e.g. concerning the creation of new graves on sideration may argue in favour of transitional provi­ account of the permafrost in the archipelago. In sions or other forms of phasing-in, so as not to cre­ keeping with established legislative practice, the ate unreasonable or unnecessary burdens and in Government intends to submit legislative proposi­ this way provide opportunities for restructuring. tions to the Storting in the form of statutes insofar However, a stipulation must be, cf. Report No. 9 as this is appropriate. (1999–2000) to the Storting, Svalbard, that when the regulations are implemented in practice the minimum requirements imposed by Norwegian 5.2.5 Scope of application legislation have been complied with. An important principle connected with the intro­ The Government’s basic principle is that the duction of new laws in Svalbard is for them to apply legislation applicable to Svalbard shall apply to and to and be enforced equally in the entire archipel­ be enforced equally in the entire archipelago. For ago. The previous Report to the Storting on Sval­ that reason the objective must be a uniform legal bard stated: “However, since the Act relating to regime, where any needs for nuance in a particular Svalbard was enacted, and particularly during the case should be captured through time-limited tran­ years since Report No. 40 (1985–86) to the Stort­ sitional schemes or, in some instances, through ing was written, there have been changes in areas exemption provisions. However, it is important that may have significance for this legislative prac­ that new legislation be made applicable in an order tice.” It was pointed out that developments in Long­ and at a pace that has been considered carefully yearbyen indicated that “it has proved desirable in with regard to the need for the legislation, the for­ an increasing number of cases to make statutes eign players in the archipelago and the ability to applicable” there, whereas the situation in other enforce the legislation. local communities may be different. It was further pointed out that “[t]he extensive regulation that is taking place in Norway in connection with adapta­ 5.3 Commercial and company tion to the EEA, […] is not automatically [being] legislation pursued in the case of Svalbard.” In view of these factors, the Report to the Storting concluded that The previous Report to the Storting on Svalbard the principle of equal application and enforcement pointed out the need for clarification of the extent should continue to apply, at the same time as the to which commercial and company legislation practice regarding issuing new rules with geo­ applies in Svalbard. These statutes are related in graphically restricted scope of application will be that they refer to and are dependent on one continued out of consideration for local needs. another. This close connection also pertains to the As a rule, new legislation is to be made to apply private law and public law rules. It was also pointed to Svalbard, unless special circumstances argue out in the report that “the same rules ought to against this. Norway’s increasingly extensive inter­ apply to commercial activities as elsewhere in Nor­ national obligations also argue for this principle. way as regards the establishment, dissolution and The provisions are to be adapted to local conditions operation of commercial companies”. as needed. As mentioned above, in Rt. 2007 p. 801, the In the past decade, Longyearbyen has come to Supreme Court ruled on the application of key pro­ resemble a mainland community. The establish­ visions of the Accounting Act (Act No. 56 of 17 July ment of a local-democracy government model in 1998 regarding annual accounts etc.). The case Longyearbyen may make it appropriate to put in concerned the dissolution of a limited company place legislation that for practical and administra­ with a registered office in Svalbard for its failure to tive reasons is made only to apply in the Longyear­ submit annual accounts, cf. Section 16–15 of the byen land-use planning area. Limited Liability Companies Act (Act No. 44 of 13 June 1997 relating to limited liability companies), 2008– 2009 Report No. 22 to the Storting 39 Svalbard cf. Section 8–2 of the Accounting Act. In its ruling reduced to the middle rate of 7.8 per cent, cf. Sec­ the Court concluded that Section 8–2 of the tion 23–3 of the National Insurance Act. Accounting Act does not apply to Svalbard because Changes in company and capital taxation the provision must be regarded as neither private involve the introduction of a new and updated rate law, as a part of the administration of justice nor as structure for company taxation. This tax rate has “specifically provided”, cf. the terms of Section 2 of been disproportionately low over time and was no the Svalbard Act. In connection with the latter longer compatible with living and social conditions assessment it was pointed out in particular that the in Svalbard. In a modern era of greater openness rules cannot be regarded as applying merely and facilitation of cross-border transactions it is because the “rules in the Limited Liability Compa­ also important for these rates not to be set inde­ nies Act imply that the accounting rules shall pendently of corresponding rates in other coun­ apply” (Paragraph 42 of the ruling). tries. To avoid giving rise to future tax avoidance, Consequently it must be assumed that unless this rate was raised from 10 to 16 per cent. In paral­ otherwise provided, the public law portions of lel with this, the tax-free allowance for ordinary commercial and company legislation will not apply income for personal tax payers was raised from to Svalbard. This is a rather unfavourable situation. NOK 10,000 to NOK 20,000. In addition to the uncertainty that otherwise mani­ An important instrument for business and fests itself concerning the operating environment industry is access to and use of statistics and regis­ for business, the clarification by the Supreme ters. The Statistics Act (Act No. 54 of 16 July 1989 Court has also resulted in the reversal of already relating to official statistics and Statistics Norway) implemented forced liquidations. In view of these was made applicable to Svalbard in 2007, and Sta­ circumstances, the Ministry of Finance is in the tistics Norway (SSB) has been allocated ear­ process of considering the extent to which the marked funds in the national budget to improve Accounting Act and Bookkeeping Act (Act No. 73 statistics regarding Svalbard. This is the result of of 19 November 2004 relating to bookkeeping) years of work to strengthen the rules for statistics should be made to apply to self-employed persons and registers in Svalbard. The population register and others engaging in business activity in Sval­ for Svalbard has received new technology and has bard. Following this work, other legislation in this become more user-friendly. Two working groups area of law should be more closely evaluated. that have evaluated this have also recommended There should be a study of the extent to which pub­ that the Act relating to the Central Coordinating lic law rules in the following laws (and others) Register for Legal Entities (Act No. 15 of 3 June should be made applicable to Svalbard: the Limited 1994) and the Norwegian Business Enterprise Liability Companies Act, the Partnerships Act (Act Registration Act (Act No. 78 of 21 June 1985 relat­ No. 83 of 21 June 1985 relating to unlimited liability ing to registration of business enterprises) should companies and limited partnerships), the Audit be implemented for Svalbard. The question of the and Auditors Act (Act No. 2 of 15 January 1999 application to Svalbard of the register acts is being relating to audits and auditors) and the Founda­ considered by the Ministry of Trade and Industry. tions Act (Act No. 59 of 15 June 2001 relating to This is an area that must be seen in conjunction foundations). The Government will give this effort with other efforts to consider whether commercial high priority. and company legislation is to be made to apply in With effect as of the 2008 income year, the Gov­ Svalbard. ernment has implemented certain amendments to Act No. 68 of 29 November 1996 relating to tax pay­ able to Svalbard (Svalbard Tax Act). In addition to 5.4 Working environment legislation changes in taxation of wages and salaries, changes were made to the rules on taxation of sole proprie­ Pursuant to Section 3 of the Svalbard Act, statutes tors and in the rules on company and capital taxa­ relating to labour protection (and others) apply to tion. The changes for sole proprietors were moti­ Svalbard “with such amendments as the King may vated by the desire to eliminate unfortunate dis­ lay down out of regard for the local conditions”. crimination between this group and partners in Since the previous Report to the Storting concern­ partnerships. After the change sole proprietors are ing Svalbard, a new Working Environment Act (Act to pay tax on the net profit of their business at the No. 62 of 17 June 2005 relating to working environ­ same rate as for wage and salary income (i.e. 8 and ment, working hours and employment protection 25 per cent). In addition, the National Insurance etc.) has been passed. The Act applies to Svalbard contribution rate for sole proprietors has been in virtue of Section 3 of the Svalbard Act. Regula­ 40 Report No. 22 to the Storting 2008– 2009 Svalbard tions in pursuance of the Act also apply to Svalbard supervisory responsibility for Svalbard. The unless the contrary expressly appears in the regu­ Labour Inspection Authority pays Svalbard two lations themselves. Only in certain cases are spe­ regular visits a year, giving priority to the most at- cial exemptions made, so that for instance Regula­ risk activities. In view of the risks inherent in min­ tions No. 794 of 30 June 2005 concerning safety, ing operations, the Labour Inspection Authority health and working environment connected with devotes a substantial portion of its administrative mining work do not apply to Svalbard. For mining resources in Svalbard to supervising these activi­ operations in Svalbard, separate Regulations No. ties. These priorities cover the mines operated by 33 of 18 January 1993 have been laid down for the Norwegian as well as Russian companies. In some coal mines in Svalbard. cases there has been a need to issue reactions for In Regulations No. 9453 of 24 June 1997 con­ violating working environment legislation, so that cerning worker protection and working environ­ several of the workplace accidents at both the Nor­ ment for Svalbard, several modifications were wegian and Russian mining operations were fol­ made to the Working Environment Act for Sval­ lowed up by criminal sanctions from the public bard. Most of these special rules were repealed prosecution authority. with effect from 1 January 2003. However, some modifications continued to be maintained through these regulations, such as the exemption from 5.5 Social welfare legislation requirements for signage, labelling etc. in Norwe­ gian. Employment has traditionally been the actual basis The EEA Agreement directs Norway to imple­ for residence in Svalbard. For that reason, the legal ment minimum rules in the area of working envi­ rights to which a person is entitled as a resident of ronment and labour law in Norwegian legislation. Svalbard can largely be linked to the needs of a The EEA Agreement does not apply to Svalbard, so working population. In step with the developments that in principle Norway is not obligated to imple­ that have taken place in the archipelago, in Long­ ment these minimum standards in the archipelago. yearbyen in particular, the array of services has Even so, not much need has been found for special grown. Since Norwegian citizens retain their affili­ exemptions for Svalbard. ation with their home municipality, whenever they need services beyond those offered in the archipel­ ago, they have to contact their respective local 5.4.1 Enforcing the Working Environment authorities. Act in Svalbard Residents of Longyearbyen currently have No special provisions have been issued for enforce­ access to a number of public services and social ment of the Working Environment Act in Svalbard. welfare benefits that are divided among various For that reason the principle for enforcement is the sectors: selected health services, services in the Act’s general rules in this regard. Pursuant to Sec­ school and day care sector and family-related serv­ tion 18–1 of the Working Environment Act, the ices. The various services are described in detail in Norwegian Labour Inspection Authority is to mon­ section 10.1.5 Range of services including health itor compliance with provisions of, or pursuant to, and welfare services offered. The right to these the Working Environment Act. benefits is governed by various kinds of legislation. Pursuant to Section 18–6 of the Working Envi­ Furthermore, the National Insurance Act entitles ronment Act, the Norwegian Labour Inspection individual members – when certain conditions are Authority may issue the administrative orders and met – to benefits to cover the loss of income in cer­ make the administrative decisions in individual tain situations or to receive compensation for par­ cases that are necessary for the implementation of ticular expenses in the event of various health or these provisions. If an order is not complied with, social welfare needs. and it is necessary, the Labour Inspection Author­ ity may impose coercive fines or in extreme cases halt operations, cf. Sections 18–7 and 18–8 of the 5.5.1 General health legislation Working Environment Act. Violation of the Work­ General health legislation has to a very limited ing Environment Act may also be subject to crimi­ extent been made to apply to Svalbard. Health mat­ nal sanctions, cf. Chapter 19 of the Working Envi­ ters in a broad sense are primarily governed by ronment Act. separate regulations for Svalbard: Regulations No. It is the Northern Norway division of the 3357 of 15 June 1928 concerning medical and Labour Inspection Authority that has the practical health matters in Svalbard (hereinafter abbrevi­ 2008– 2009 Report No. 22 to the Storting 41 Svalbard ated the Health Regulations). The regulations are whether they work for a Norwegian or foreign used to authorise the measures etc. that are car­ employer. ried out, e.g. supervision of food hygiene and water Persons who are not members become mem­ quality. The Longyearbyen Community Council bers if they become employed by a Norwegian has authority pursuant to the regulations within employer in Svalbard, cf. Section 2–3 second para­ the Longyearbyen land-use planning area, and the graph. In this connection a “Norwegian employer” Governor of Svalbard for the rest of the archipel­ is any employer who pursuant to Norwegian law is ago. In principle the measures correspond to those obligated to report wages and other remuneration, on the mainland, unless special reasons should for work and engagement inside and outside of indicate otherwise. employment, regardless of the employer’s nation­ The most important health legislation that does ality. Contrariwise, work in Svalbard for an not apply to the archipelago is the Patients’ Rights employer not subject to a reporting requirement Act (Act No. 63 of 2 July 1999 relating to patients’ will not result in membership of National Insur­ rights), the Health Personnel Act (Act No. 64 of 2 ance for this category of employee. July 1999 relating to health personnel etc.), the On the basis of the rules above, persons cov­ Mental Health Care Act (Act No. 62 of 2 July 1999 ered by Section 2–3 are deemed to be members of relating to the establishment and provision of men­ National Insurance. However, it is the remaining tal health care), the Specialised Health Services provisions of the National Insurance Act that deter­ Act (Act No. 61 of 2 July 1999 relating to specialised mine the benefits the individual is entitled to. Fur­ health services etc.), the Dental Health Services thermore, the Act provides entitlement only to Act (Act No. 54 of 3 June 1983 relating to dental cash benefits and other similar allowances. Entitle­ health services), the Municipal Health Services ments to specific medical assistance or other actual Act (Act No. 66 of 19 November 1982 relating to services from the public sector are governed by municipal health services), the Communicable other legislation, e.g. the Patients’ Rights Act. As Diseases Control Act (Act No. 55 of 5 August 1994 was mentioned above, these relevant health stat­ relating to the control of communicable diseases), utes do not apply to Svalbard. the Food Act (Act No. 124 of 19 December 2003 Because conditions in Svalbard are special and relating to food production and food safety) and the because a full array of services is not offered there, Health and Social Emergency Preparedness Act in a number of cases it will not be possible to satisfy (Act No. 56 of 23 June 2000 relating to health and the terms of the law by living in Svalbard only. For social emergency preparedness). The fact that instance, a requirement for receiving rehabilitation these statutes do not apply means for example that benefits is for the member to be receiving active no provisions have been made by the public treatment aimed at improving his or her capacity authorities in Svalbard for mental health care for for work (Section 10–8 second paragraph of the serious conditions or care for the elderly. If these National Insurance Act) and a rehabilitation allow­ services are needed the person in question needs ance is paid in the period the person in question is to move back to his or her home municipality. The in a programme for the occupationally disabled Ministry of Health and Care Services has begun an (Section 11–9 first paragraph of the National Insur­ effort to consider whether all or portions of health ance Act). If the person in question cannot obtain legislation should be made to apply to Svalbard. such treatment or necessary and appropriate occu­ pational rehabilitation measures do not exist in Svalbard, he or she will not be able to receive these 5.5.2 The National Insurance Act benefits in the archipelago. In these situations, Introductory sections of Act No. 19 of 28 February Norwegian nationals will be able to travel to the 1997 relating to National Insurance (National mainland to demand benefits and other services Insurance Act) contain provisions concerning there. Foreign nationals with a right of entry to the membership for persons residing in Svalbard. Per­ mainland (such as persons with a work or resi­ sons who are members before settling or begin­ dence permit, or who are nationals of other Nordic ning residence in Svalbard retain their member­ countries) may also travel to the mainland on a par ship, cf. Section 2–3 first paragraph of the Act. with Norwegian citizens. For foreign nationals who These persons will continue to be members do not have a right to enter or reside in mainland regardless of whether they are working, non-work­ Norway, this arrangement means that in a number ing, self-employed or employed. Employed per­ of instances they will not satisfy the conditions for sons retain their membership regardless of the benefit in question. In this area the Act is the same for foreigners residing in Svalbard and other 42 Report No. 22 to the Storting 2008– 2009 Svalbard groups who do not meet the conditions, e.g. per­ cable to Svalbard. However, it is a condition of the sons residing abroad or foreign nationals who transfer of state grants to day care institutions that reside in mainland Norway who lose their work or the guidelines in the Act be followed insofar as they residence permit. For more about foreign nation­ are suitable, cf. Proposition No. 1 (2008–2009), the als’ access to mainland Norway, see section 5.6. Svalbard Budget, p. 21, cf. also section 10.1.9 Form­ ative conditions for children and adolescents. 5.5.3 The Child Benefit Act and the Cash Benefit Act 5.6 Immigration and other aliens Child benefit is paid pursuant to Section 3 of the legislation Child Benefit Act (Act No. 4 of 8 March 2002 relat­ ing to child benefit) for children residing in Sval­ Pursuant to Article 3 of the Svalbard Treaty, all bard who are members of National Insurance pur­ nationals of signatory states have “equal liberty of suant to Section 2–3 of the National Insurance Act. access and entry” to Svalbard, regardless of the The same applies to the right to cash benefit pursu­ purpose of their stay. Even though this right is ant to Section 2 third paragraph of the Cash Benefit enjoyed only by nationals of Treaty states, in prac­ Act (Act No. 41 of 26 June 1998 relating to cash tice all persons are granted access and entry to the benefits for the parents of small children). Cash archipelago, regardless of whether their native benefit can be paid for children residing in Sval­ countries have acceded to the Treaty. No work or bard for more than three months. Pursuant to Sec­ residence permit is required to travel to Svalbard. tion 2–3 of the National Insurance Act, children Nor is a visa required. A prospective migrant is born in Svalbard are not members of National required to have a place to live and be able to sup­ Insurance because they were not covered prior to port himself, cf. Regulations No. 96 of 3 February their residency in Svalbard. The purpose of the 1995 concerning exclusion and deportation of per­ provisions of the Child Benefit Act and the Cash sons from Svalbard. Benefit Act is give those who are residents in Sval­ As a consequence of this “equal liberty of bard and are members of Norwegian National access and entry” to Svalbard regardless of its pur­ Insurance an entitlement to child benefit and cash pose, immigration and other aliens legislation – benefit. Child benefit and cash benefit may there­ which otherwise governs foreign nationals’ entry fore be paid for children who are born in Svalbard into the Kingdom of Norway and their presence in and live with their parents who are members of the realm – will not be suited to Svalbard. In view National Insurance pursuant to Section 2–3. If only of this, Act No. 64 of 24 June 1988 relating to the one parent is a member of National Insurance pur­ entry of foreign nationals into the Kingdom of Nor­ suant to Section 2–3 of the National Insurance Act, way and their presence in the realm (Immigration the benefit is to be paid to the member parent. Act) has not been made to apply to Svalbard. How­ ever, pursuant to Section 49 fourth paragraph of the Immigration Act, regulations may be issued 5.5.4 The Education Act concerning the control of foreign nationals coming The Education Act (Act No. 61 of 17 July 1998 relat­ from Svalbard, see more about this below. These ing to primary and secondary education) with reg­ rules were retained in the new Immigration Act ulations apply to primary and secondary schools in (Act No. 35 of 15 May 2008), which is planned to Svalbard insofar as these provisions are suited to enter into force on 1 January 2010. local conditions, cf. Section 3 of Regulations No. 76 Just like other foreign nationals, foreign nation­ of 18 January 2007 concerning primary and sec­ als residing in Svalbard must comply with the rules ondary schools in Svalbard. The Ministry of Edu­ of the Immigration Act when travelling to mainland cation and Research determines which provisions Norway. This means that foreign nationals requir­ are so suited. Pursuant to Section 1, the children of ing a visa to enter Norway must obtain such a visa Norwegian nationals have the same right and obli­ to travel to the mainland, cf. Section 25 of the Immi­ gation to attend primary school while residing in gration Act. Certain foreign nationals are exempt Svalbard that they would have on the mainland. from the visa requirement, including nationals of Children of foreign nationals have the right, but states with which Norway has concluded a visa- not the obligation, to attend primary schools while waiver agreement, cf. Section 105 of the Immigra­ residing in the archipelago. Act No. 64 of 17 June tion Regulations (Regulations No. 1028 of 21 2005 relating to day care institutions (Day Care December 1990) concerning the entry of foreign Institutions Act) has not been made directly appli­ nationals into the Kingdom of Norway and their 2008– 2009 Report No. 22 to the Storting 43 Svalbard presence in the realm). These nationals may freely ance of regulations concerning the control of per­ enter Norway and as a rule reside there for up to sons coming from or travelling to Svalbard. three months without a visa or other permit. If the Act No. 51 of 10 June 2005 relating to Norwe­ stay in Norway is of a nature requiring a work or gian nationality (Norwegian Nationality Act) residence permit, it is generally required that the applies in general to Norwegian nationality and foreign national has been granted such a permit also covers Svalbard, cf. Section 1. The Act does prior to entry, cf. Section 6 of the Immigration Act. not contain any special rules for persons with for­ The Governor of Svalbard currently does not eign nationality who reside in Svalbard. This decide on applications for visas to mainland Nor­ means that persons wishing to apply for Norwe­ way. The task of the Governor is to issue visas gian citizenship need to meet the conditions of the granted by the Directorate of Immigration. Most Act in the same manner as other applicants. cases are routine, and to expedite matters it would Among the conditions of particular relevance to make sense for visa applications to be decided by persons residing in Svalbard is that they need to the Governor. For that reason, Section 13 of the have lived a certain length of time in the realm 2008 Immigration Act authorises empowering the holding a residence or work permit and that appli­ Governor of Svalbard to decide on such cases. cants must meet the conditions for a settlement Norway’s participation in the Schengen system permit pursuant to the Immigration Act. As men­ includes cooperation on the removal of the control tioned above, such permits are issued in pursuance of persons at internal Schengen borders and a joint of the Immigration Act, which means that the per­ border control at the external border of the Schen­ son in question must also meet the conditions set gen area. That is, each member state is obligated to forth there. For a detailed account of the rules con­ control its external Schengen border on behalf of cerning citizenship etc., reference is made to the all Schengen countries. The agreement concern­ Directorate of Immigration website: www.udi.no. ing Norwegian membership in the Schengen sys­ Due to the increase in activity in Svalbard and tem does not apply to Svalbard. This means that in the growth of the foreign presence in Longyear­ principle the rules on entry and exit control across byen and Ny-Ålesund, more immigration law the external Schengen border will apply to travel to issues have arisen, concerning foreign students, and from Svalbard. In the current Section 170 of foreign spouses/cohabitants and children of Nor­ the Immigration Regulations, the Act’s and Regula­ wegian nationals, etc. In consultation with the Min­ tions’ rules concerning entry and exit have been istry of Justice and the Police, the Ministry of made to apply to foreign nationals coming from Labour and Social Inclusion will examine individ­ Svalbard to another part of the realm, cf. Section 49 ual questions more closely in this regard and con­ of the current Immigration Act. Section 6 of the sider the need for special rules. new Immigration Act of 2008 authorises the issu­ 44 Report No. 22 to the Storting 2008– 2009 Svalbard

6 Administration

6.1 Introduction the central administration’s dealings with Svalbard and other polar affairs. In its essentials the structure of the apparatus for The Ministry of Justice and the Police have ini­ administering Svalbard remains unaltered, cf. the tiated an effort to revise the Committee on Polar discussion in section 4.3. However, there have Affairs Instructions. been some changes since Report No. 9 to the Stort­ ing (1999–2000), Svalbard, at both the central and local level. An increasingly diversified local com­ 6.2.2 The Svalbard budget munity, a greater need for legislation and other Article 8 second paragraph of the Svalbard Treaty trends are creating challenges not only for the cen­ reads as follows: tral administration, but also for the local adminis­ “Taxes, dues and duties levied shall be devoted tration. The general activity level has risen, and exclusively to the said territories and shall not more players are involved in the archipelago. exceed what is required for the object in view.” In view of these developments, the Interminis­ terial Committee on Polar Affairs was bolstered in A separate budget for Svalbard is presented accordance with Recommendation No. 196 (1999– every year in order to show the revenues and 2000) to the Storting. At the same time, local expenditures in Svalbard. Each year the Ministry democracy has been established in Longyearbyen of Justice and the Police submits the Svalbard through the creation of the Longyearbyen Commu­ budget as a separate budget proposition concur­ nity Council in 2002. rently with the national budget proposal. The Sval­ bard budget comprises three main parts. First there is an overall presentation of developments in 6.2 Central administration the archipelago and the Government’s focus areas and priorities. This is followed by a presentation of the various chapters of the budget, before conclud­

6.2.1 The Interministerial Committee on ing with an overview of state appropriations for Polar Affairs Svalbard purposes broken down by the areas of The Ministry of Justice and the Police is responsi­ responsibility of all the ministries. The various ble for coordinating Norwegian policy towards chapters in the Svalbard budget have remained Svalbard. This responsibility is in part exercised largely unchanged, with the exception of a few through the Interministerial Committee on Polar minor changes over the past decade. For instance, Affairs. The Polar Affairs Department of the Minis­ a new Chapter 3 Grant for the Longyearbyen Com­ try of Justice and the Police serves as the secretar­ munity Council has been created. The Ministry of iat and is also responsible for informing the com­ Justice and the Police will consider a closer exami­ mittee and presenting it with items of business. nation of the content of some of the chapters of the The current instructions for dealing with polar budget to ensure that appropriations harmonise in affairs and for the Interministerial Committee on the best possible way with the objectives of the var­ Polar Affairs (Committee on Polar Affairs Instruc­ ious chapters. tions) were laid down by the Royal Decree of 18 In recent years, tax revenues in Svalbard have October 2002. This followed the consideration by risen as a consequence of the general increase in the Storting of Report No. 9 (1999–2000) to the activity in the archipelago. Even so, expenditure in Storting, Svalbard, in which the Storting Standing the Svalbard budget is higher than revenue, which Committee on Foreign Affairs requested in Rec­ means that each year the budget receives a supple­ ommendation No. 196 (1999–2000) to the Storting mental allocation from the national budget. As Fig­ that the position of the Interministerial Committee ure 6.1 makes clear, the Svalbard budget has on Polar Affairs be strengthened in order to guar­ grown substantially the past ten years, which antee the necessary control and coordination of reflects the increase in activity in the archipelago. 2008– 2009 Report No. 22 to the Storting 45 Svalbard

ment’s aim that they should be reduced in the long 300 term. However, in the foreseeable future there will be a need for allocations, both for investments and 250 for the operation of activities.” As the figure makes clear, economic transfers to the Svalbard budget rose substantially from 2001 to 2002. This is due to 200 the establishment of the Longyearbyen Commu­ nity Council from 1 January 2002, and the fact that 150 at the same time, the Community Council assumed ownership of Svalbard Samfunnsdrift AS (SSD). In 2002, the appropriation for the newly founded 100 Longyearbyen Community Council was NOK 41 million, while its predecessor the Svalbard Council 50 received NOK 1.8 million from the Svalbard budget in 2001. As the 2000s wore on, the alloca­ tion to the Svalbard budget rose in step with invest­ 0 2001 2002 2003 2004 2005 2006 2007 2008 ment related to infrastructure in Longyearbyen (energy, school, church etc.), construction of the revenue Svalbard Research Centre and the Marine Labora­ allocation tory in Ny-Ålesund. total expenditure (mill. NOK) Figure 6.2 shows the total appropriations for Svalbard purposes through the national budget. Figure 6.1 Overview of trends in the Svalbard The increase throughout the past decade is prima­ budget, based on figures from the central govern­ rily due to a greater focus on research and educa­ ment accounts. tion in the archipelago. Source: Report No. 3 to the Storting Central Government Acco­ The Government believes that the Svalbard unts including National Insurance for 2001–2008 budget guarantees the Storting and the public a coherent presentation of developments in the archipelago, while it provides information about Parallel with the rise in total expenditure, the table the authorities’ priorities and commitments in the shows that since 2006, revenues have been higher archipelago. For that reason the Government will than the allocation from the national budget. continue the arrangement of presenting a separate Report No. 9 (1999–2000) to the Storting states Svalbard budget. that: “[e]conomic transfers to Svalbard should not rise above the current level, and it is the Govern- 6.3 Local administration

Total appropriations for Svalbard purposes 6.3.1 The Governor of Svalbard through the national budget in mill. NOK The Svalbard Act of 17 July 1925 established a spe­ 450 cial administrative system for Svalbard. Section 5 400 of the Svalbard Act reads as follows: “In Svalbard 350 there shall be a Governor”. The Act entered into 300 force in 1925, and since then there has been a Gov­ 250 ernor of Svalbard. In the beginning the office con­ 200 sisted of only one person, but over the years the 150 organisation has grown, and today the office has 100 around 34 full-time equivalents (FTEs). 50 Instructions for the Governor’s responsibilities 0 and tasks are set out in the Royal Decree of 20 April 2001 2002 2003 2004 2005 2006 2007 2008 2009 1979. They stipulate that the Governor is the Gov­ ernment’s highest-level representative in the archi­ Figure 6.2 Total appropriations for Svalbard pur­ pelago. The Governor’s chief task is to work to poses through the national budget. ensure that the Government’s and the Storting’s Source: Proposition No. 1 to the Storting, the Svalbard Budget, decisions are carried out, their objectives met and 2001 to 2009 guidelines followed and to protect Norway’s rights 46 Report No. 22 to the Storting 2008– 2009 Svalbard and carry out Norway’s duties under the Svalbard bard-related issues in connection with such super­ Treaty. Besides implementing Norwegian Svalbard vision and shall also be able to participate in inspec­ policy, the Governor pays a key role in setting the tions. In the area of education, the Ministry of Edu­ agenda for Norwegian policy in the archipelago. cation and Research is working to formalise the Although the Governor has a wide range of division of supervisory tasks in the Education Reg­ tasks, his core duties comprise safety and emer­ ulations for Svalbard. gency preparedness efforts in the archipelago, the A number of regulations assign duties and police and public prosecution authority and envi­ authority to the Governor of Svalbard in many ronmental management. Pursuant to Section 5 of areas. For example, the Governor monitors com­ the Svalbard Act, “The Governor shall have the pliance with the Regulations concerning medical same authority as a County Governor. The Gover­ and health matters in Svalbard outside of the Long­ nor is also chief of police and notary public”. As yearbyen land-use planning area and with the Reg­ county governor, the Governor of Svalbard is ulation concerning the establishment, operation responsible for local environmental management and use of satellite earth stations. Furthermore, for the entire archipelago, as well as for the man­ the Governor performs duties authorised by the agement of cultural monuments and for some fam­ Regulations concerning the system for governing ily law-related duties. With regard to supervisory alcoholic beverages and the Regulations concern­ tasks, the Government has assigned the County ing fire services in Svalbard. The Governor is also Governor of Troms the role of overseeing the involved in planning and implementation of meet­ Longyearbyen Community Council as school ings and inspections with regard to matters that fall owner and authority over day care institutions. The directly under the relevant mainland authorities Governor of Svalbard is to be responsible for Sval­ (e.g. the Norwegian Coastal Administration and

Box 6.1 The Governor of Svalbard The post of the Governor of Svalbard was cre- was the winter deputy in the years 1933–35. In ated in 1925. When the provision of the Svalbard 1935 the position was permanently in Svalbard Act concerning the Governor was debated in again, and in the Governor’s absence an Acting 1925, the Storting required that the administra- Governor was appointed. Among those serving tive system and duties of the Governor could be for lengthy periods are Carl M. Rynning-Tøn­ changed as needed. For that reason, the Gover- nesen (1955–56) and more recently Sven Ole nor of Svalbard is not appointed as an officer of Fagernæs (2005). the Crown, and this arrangement has continued The following Governors of Svalbard were since that time. Nor has the Governor of Sval- appointed following announcements of and bard always resided permanently in Svalbard. applications for the position: The position has alternated between being per- Johannes Gerckens Bassøe 1925–1935 manent and under fixed-term contracts, and for Wolmer T. Marlow 1935–1942 three years during the Second World War the Håkon Balstad 1945–1956 position was unfilled. From 1936 to 1953 the Odd Birketvedt 1956–1960 Governor of Svalbard fell under the Ministry of Finn Backer Midbøe 1960–1963 Trade/Industry, but otherwise the position fell Tollef Landsverk 1963–1967 under the Ministry of Justice. Stephen Stephensen 1967–1970 Since 1925 many persons have held the Frederik W. Beichmann 1970–1974 office for terms of various lengths – far more Leif T. Eldring 1974–1978 than those who actually were appointed by the Jan S. Grøndahl 1978–1982 King in Council. Between 1928 and 1935, the Carl A. Wendt 1982–1986 County Governor of Troms, Johannes Bassøe, Leif T. Eldring 1986–1991 also functioned as Governor of Svalbard, and a Odd Blomdal 1991–1995 deputy was assigned to Svalbard. Erik Haavie Ann-Kristin Olsen 1995–1998 Thoresen served in the summers of 1929 to Morten Ruud 1998–2001 1931, while Wolmer Marlow spent the winter Odd Olsen Ingerø 2001–2005 from 1932 to 1933. Without a doubt the most Per O. Sefland 2005­ well-known of the deputies is Helge Ingstad, who 2008– 2009 Report No. 22 to the Storting 47 Svalbard the Norwegian Labour Inspection Authority). The bard, an evaluation was done in 2004–2005 of the Governor’s coordination tasks with regard to cen­ fixed-term arrangement for the employees of the tral government activities in Svalbard are becom­ Office of the Governor of Svalbard. In connection ing increasingly demanding, because the pace of with the review, the arrangement was maintained, change in the community is high, while legal con­ and the length of the fixed term was extended to ditions in Svalbard become increasingly similar to six years. This provides a good balance between those on the mainland. At the same time, several recruitment of qualified labour and stability in the mainland bodies, both the Norwegian Maritime organisation. Directorate and the Coastal Administration, have recently been granted direct authority in Svalbard. It is a crucial task to ensure that particular consid­ Police duties erations regarding Svalbard – also viewed in an As mentioned above, as the chief of police in Sval­ overall context – are taken into consideration by bard, the Governor has the same responsibility and this exercise of authority. authority as chiefs of police on the mainland. In The interest in Svalbard and the High North is addition to responsibility for the search and rescue growing rapidly among Norwegian as well as for­ service, the Governor also has responsibilities in eign players. With increasing attention there is a the area of civil protection and emergency planning. greater influx to the archipelago of various official The Governor of Svalbard serves the inhabit­ and private delegations. The Office of the Gover­ ants of Longyearbyen and the population of the nor of Svalbard notes this growing interest in the other local communities in the archipelago, which form of hosting duties, briefings and security detail all together comprises Norway’s largest police dis­ in connection with the visits of royalty, statesmen trict in area. The Governor attaches great impor­ and other officials. From 2005 to 2008 the number tance to the collaboration with local volunteer of briefings held by the Governor for various groups, in the areas of rescue and emergency groups doubled. response services, hunting and wildlife manage­ The Office of the Governor has three depart­ ment and various prevention efforts. ments: police, environmental protection and admin­ Crime in Svalbard is generally low. However, istration. The interpreter, legal adviser and tourism from time to time, various kind of accidents and and information officer report directly to the Gover­ violations of environmental protection and tourism nor/Deputy Governor. In summer 2008 an organi­ legislation require resource-intensive investiga­ sation review was conducted to document the tasks tions. This involves a need for a broad-based, long- of the County Governor and the resources and term police effort, which puts a strain on a small expertise available to the organisation to carry organisation. In cases like these there is often them out. In addition, an evaluation of whether the broad cooperation not only across departments of current organisation is adapted to the Governor’s the Office of the Governor, but also with other play­ duties and objectives was held. The conclusion was ers such as the Directorate of Mining with the that the current organisation underpins the man­ Commissioner of Mines for Svalbard and the Nor­ agement tasks performed by the Governor. wegian Labour Inspection Authority. The review showed that the greater attention to In the area of search and rescue in Svalbard, Svalbard and the High North in general, the popu­ the Governor collaborates closely with local volun­ lation increase in Longyearbyen and a trend teer organisations, including the Longyearbyen whereby an increasing number of laws are applied Red Cross Rescue Team. New instructions for civil to the archipelago have contributed to a significant defence and emergency response efforts have increase in the Governor’s duties in both scope and been prepared for county governors and the Gov­ complexity. Furthermore, a wide range of areas of ernor of Svalbard. In recent years the Governor’s responsibility is assigned to the Governor, which emergency response duties have also been challenges the organisation in terms of resource expanded to also include nuclear preparedness, in use, priorities, internal coordination and the divi­ line with the responsibilities of county governors sion of labour. In view of the above-mentioned it is on the mainland. The responsibility for planning important to continue to enhance the role of the and operative preparedness is vested in the police Governor of Svalbard to meet the level of ambition department. An effort has been initiated to clarify set by the Norwegian authorities regarding admin­ the division of roles between the Governor and istration and the exercise of authority. local bodies in Longyearbyen with regard to vari­ As a follow-up of the Storting’s debate on ous tasks in the area of civil defence and emer­ Report No. 9 (1999–2000) to the Storting, Sval­ gency response work. 48 Report No. 22 to the Storting 2008– 2009 Svalbard

Box 6.2 Trappers’ stations in the future

Figure 6.3 Cape Wijk Photo: Georg Bangjord

Overwintering hunting and trapping in Svalbard of the current set-up for trappers should be con- goes back to the early 1700s. Norwegian over- tinued to preserve the recognition and legiti­ wintering hunting and trapping increased in macy of the trapping tradition. scope towards the end of the 1800s and contin- One way to develop the set-up for trappers ued until the First World War. Today, trappers may be to assign some public-sector tasks to live at five stations in the archipelago: Akseløya trappers. From the perspective of search and in Van Mijenfjord, Cape Wijk in Isfjord, Farm- rescue and emergency response, it would be in hamna in Forlandsund, Austfjordneset in Wijde- the authorities’ interest for there to be trappers’ fjord and Mushamna in Woodfjord. The two first huts out in the wilderness areas and for them to stations are privately owned, while the Gover- be inhabited by qualified and experienced trap- nor of Svalbard lends the other two out on a pers, who in given situations can report on par- yearly basis. Today’s trappers help to preserve ticular conditions. Other relevant tasks may be an important part of Svalbard’s history and cul- inspection and light maintenance of trappers’ ture, keeping alive Svalbard’s oldest economic stations and fuel depots for search and rescue activity. helicopters and reporting on conditions and Preserving the trapping tradition is impor- light maintenance of buildings of cultural-histor­ tant. At the same time this is living culture that ical interest in the trapping area. The same is undergoing transformation and should be applies to observations that are of interest to the developed further. For that reason, the Ministry Governor’s nature management. of Justice, in collaboration with the Governor of In view of this, there will be closer ties Svalbard, will consider modernising the set-up between the Governor, field inspectors and the for trappers in view of a growing need for obser- trappers in question, in a structure where the vations services in the archipelago. public interest in the area of supervision, con- As previously the Governor ought to be able trol and emergency preparedness over large to grant applications for trapping activities areas will be far better taken care of in an appro- within a certain trapping area. The main features priate and economical manner. 2008– 2009 Report No. 22 to the Storting 49 Svalbard

An increase in activities in the High North as a nity services with respect to pollution and waste. In consequence of ice-free areas may present chal­ this connection, an important task is to ensure that lenges to the Governor relating to search and res­ localities with environmental toxins and hazardous cue and emergency response services. In this con­ waste are ascertained and the necessary action nection it is important that the emergency services taken. This effort includes in some cases extensive in Svalbard, the police and the health service are at collaboration with activities in Barentsburg. For all times sized to meet this responsibility. Longyearbyen separate local refuse collection reg­ ulations are being drawn up with new and stricter standards for waste treatment. Environmental protection tasks The Governor of Svalbard approves the land- The Governor is the regional state environmental use plans that according to statute are to be drawn authority in Svalbard and is responsible for enforc­ up for the settlements in Svalbard. The Longyear­ ing the environmental legislation and monitoring byen Community Council is the planning authority compliance with it. According to this legislation, a for the Longyearbyen land-use planning area. The number of measures and activities require a permit town is growing within the boundaries of the land- from the Governor, who also has an important pre­ use planning area. This is leading to densification paratory role in the effort to develop regulations and increasing pressure on space. It is important to and other policy instruments. The Governor’s envi­ ensure reasonable use of this space. The shortage ronmental protection tasks include the protection of new, unbuilt-on space necessitates greater densi­ of areas, species management, cultural monu­ fication and a more carefully considered use of ments, infrastructure development and pollution space to limit conflicts between users, reduce envi­ and land-use planning in areas where the responsi­ ronmental impacts and address civil protection bility has not been delegated to the Longyearbyen needs. Consequently, there has been a considera­ Community Council. ble increase in the number of planning cases for Act No. 79 of 15 June 2001 relating to environ­ consideration by the Governor. There is also an mental protection in Svalbard (Svalbard Environ­ increase in the number of major projects for which mental Protection Act) entered into force on 1 July environmental impact assessments are being done 2002. The Act is framework legislation to cover pro­ by the initiator as required by the Svalbard Envi­ tection of areas, management of flora and fauna, ronmental Protection Act. The largest projects, land-use planning, pollution, traffic and cultural such as the planned expansion of mining opera­ heritage. Together with a number of regulations it tions, place heavy demands on the Governor and unites in a single set of rules provisions that on the take up considerable resources. mainland are spread out among various statutes It is also an important task for the Governor to and regulations. These rules implement the ambi­ document cultural monuments before they deteri­ tious environmental goals for Svalbard and give the orate and become ruins. In 2008 a multi-year docu­ Governor a well-suited and modern set of tools for mentation project was launched. There is ongoing managing the archipelago’s natural environment work on new management plans for various areas and cultural monuments. At the same time, the and preservation purposes. The management of entry into force of the new law and the creation of the collection of objects in the cultural history the Longyearbyen Community Council and Sval­ repository at the Svalbard Museum is a big respon­ bard Environmental Protection Fund have led to sibility, and extensive work remains for documen­ new tasks in the form of advising, administrative tation and the condition of preservation to reach procedures and supervisory efforts. national standards. After the adoption in 2002 of the set of regula­ The Svalbard Environmental Protection Fund tions pursuant to the Svalbard Environmental Pro­ was created in 2007 at the same time as the intro­ tection Act, Bjørnøya and several areas in central duction of the environmental charge for travellers parts of Spitsbergen were protected. In the pro­ to Svalbard. The Governor of Svalbard has the sec­ tected areas the challenge is to develop good strat­ retariat function. The first allocations from the fund egies to balance user and preservation interests were made in autumn 2007, see also Box 7.1. within the framework of the purpose of preserva­ tion. A useful tool for accomplishing this are tar­ geted management plans. Tourism A crucial task for the Governor’s environmen­ The Governor is responsible for matters governed tal protection department is to follow up the by the regulations concerning tourism and other requirements set for local activities and commu­ travel and has a tourism adviser for handling these 50 Report No. 22 to the Storting 2008– 2009 Svalbard tasks. The regulations shall ensure that visitors for discussions on various issues, particularly as a and others travelling in the archipelago do this in a “showcase” with regard to dialogue with partners way that protects their safety and the interests of on climate challenges. Although Svalbard is quite the natural environment and cultural monuments. suitable in this regard, the influx places heavy They contain provisions concerning a notification demands on the Governor’s information and visi­ and insurance requirement for individual travellers tors’ service. There are reasons to believe that this and tour operators, and there is authorisation to trend will continue. submit claims to cover the Governor’s expenses The growth in tourism and traffic in Svalbard for search and rescue missions outside of close-in has also necessitated an increase in the resources areas, regardless of culpability. allocated to information directed at both organised The Governor attaches great importance to tourism and individual visitors. The requirements close contact and communication with the tourism in the Tourist Regulations and Svalbard’s unique industry. For example, regular contact meetings are nature and climate mean that the Governor needs held with representatives of the local tour operators. to devote a lot of resources to information aimed at The collaboration with the Svalbard Tourist Board tourists and others travelling in the field. The infor­ and Arctic Expedition Cruise Operators (AECO) mation centre “Svalbardporten” and the Gover­ with regard to information for visitors and registra­ nor’s website are two important information chan­ tion and statistics compilation is important. Efforts nels serving these groups. to change attitudes through information and com­ Each year there are accidents or serious inci­ munication helps ensure both compliance with the dents in the field involving residents or visitors. Sit­ existing regulations and the development of a better uations like these create a surge of enquiries from understanding of the importance of addressing families and the media, and the need for timely and safety and environmental considerations. Thus, this correct information is substantial. The increase in effort is a good supplement to other policy instru­ the population, industrial and other business activ­ ments such as statutory and other regulation. ity and traffic is leading to a greater risk of serious incidents involving large numbers of people. If such situations should arise, they place heavy The information service demands on the Governor’s communication pre­ Svalbard’s unique administrative system has paredness, primarily vis-à-vis the population of necessitated the strategic use of information in Svalbard, but also vis-à-vis Norwegian and foreign order to maintain an appreciation for the exercise media. of Norwegian authority in the archipelago and to In 2008 the Governor’s website was reorgan­ prepare the ground for administrative decisions. ised. The website now has a dynamic news page The growing political and media interest in Sval­ that helps to limit the surge of enquiries directed to bard necessitates an active information service the crisis or rescue management in the event of that can meet the demand from a number of differ­ serious incidents. ent groups. The creation of the Svalbard Global Seed Vault in 2007 did even more to help put Svalbard on the Contact with foreign companies and activities world map. For example, Time magazine named The Governor of Svalbard is in regular contact with the Seed Vault the world’s sixth-best innovation in all foreign activities in the archipelago. There is 2008. Other examples worth mentioning are the regular contact with the management of Trust travel publication Lonely Planet’s recent ranking of Artikugol and with the General Consulate of the Svalbard as one of ten travel destinations that need Russian Federation in Barentsburg, and the Gover­ to be experienced in 2009 and National Geographic nor will work to continue and deepen such contact. magazine’s declaration in 2008 that Svalbard is the Even through the presence and information activi­ world’s best place to experience snow. ties on the part of the Governor are growing, the The Governor receives regular requests from need for general and specific information is still major foreign news agencies for information and substantial. That is why regular contact meetings for an opportunity to do stories in the field. During and office days are held in Barentsburg, and per­ 2007 and 2008, Al Jazeera, the BBC, CNN and Reu­ sonnel from the Governor’s office attend other ters all had representatives in Svalbard. This devel­ meetings and inspections and participate in vari­ opment must be expected to continue in the future. ous official missions. In addition, the Governor Svalbard is also increasingly used by Norwe­ holds an annual information meeting for the popu­ gian authorities and others as a platform for visits lation in the town. These measures are important 2008– 2009 Report No. 22 to the Storting 51 Svalbard for ensuring that people have a certain level of bility are community and land-use planning, sur­ knowledge of the Norwegian administration and veying and subdividing land, planning permission, the authority of the Governor. Particularly when roads, water and sewer, refuse collection, port emergencies have arisen, experience has shown services, fire services, cemetery operations, finan­ that knowledge of the exercise of authority in Sval­ cial planning, trade and industry work, statistics bard is essential to ensuring the effectiveness and compilation, social services aimed at children, ado­ endorsement of the authorities’ efforts. lescents and adults, child welfare, social counsel­ ling, work with youth, day care and school opera­ tion. In addition to assigned tasks, like municipal 6.3.2 Longyearbyen Community Council authorities, the Community Council is empowered Report No. 9 (1999–2000) to the Storting, Sval­ to become involved in other duties. In view of the bard, contained a proposal to introduce local special conditions in Svalbard, there are some democracy in Longyearbyen. The Storting restrictions on the Community Council’s general endorsed the proposal, in terms of organisation, authority. Pursuant to Section 31 first paragraph of authority and tasks, cf. Recommendation No. 196 the Svalbard Act, the Longyearbyen Community (1999–2000) to the Storting. This was followed up Council may engage only in activities of general by Proposition No. 58 (2000–2001) to the Odelst­ interest that are connected with Longyearbyen and ing, Act to amend the Svalbard Act etc., (changes to are not provided by central government. In addi­ local democracy in Longyearbyen). On 1 January tion, the purpose provisions of Section 29 of the 2002 the popularly elected body the Longyearbyen Svalbard Act also set some limitations on the Com­ Community Council assumed its powers, and from munity Council in that its activities must be “within the same date the Svalbard Council was abolished. the framework of Norwegian Svalbard policy”. The Longyearbyen Community Council is pri­ Since January 2006 the Longyearbyen Commu­ marily organised and regulated like a municipal nity Council has organised its operations so that authority. Chapter 5 of the Svalbard Act lays down strategic tasks, the exercise of authority and the the legal framework and follows the system of the overarching ordering function are carried out by Local Government Act. Elections to the Council the Community Council’s own administration. take place every four years, the same years as local Operational tasks for the community are generally government elections on the mainland, but later in performed by three municipal undertakings: one the autumn, owing to the special conditions in Sval­ for services for children and adolescents, one for bard. The Election Regulations are set up in culture, and as of 1 January 2009, also Bydrift KF, accordance with the Election Act for the mainland. with responsibility for the community’s technical Like a municipal authority, the Community services. Previously Bydrift was a limited company Council is a democratic venue, a service provider, 100-per cent owned by the Community Council. an authority and community developer. 165 years Through this change, the Community Council has of local self-government on the mainland prepared placed all important community functions in a sep­ the groundwork well for local government in Long­ arate organisation. yearbyen. Elections and the proximity of local poli­ ticians give the inhabitants of Longyearbyen the 6.3.3 Other central government agencies same opportunity to influence their local commu­ nity that inhabitants of mainland municipalities Norwegian Polar Institute have. Local self-government is deemed to be the The Norwegian Polar Institute is the central gov­ best way to bring about efficient service produc­ ernment institution responsible for mapping, envi­ tion tailored to needs and correct priorities. An ronmental monitoring and management-related important bonus is that well-functioning local research in the Arctic and Antarctic, technical and democracy promotes popular participation and strategic adviser for the central administration and debate. For details see the discussion of local technical adviser for the environmental directo­ democracy in Longyearbyen in section 10.1.1. rates and the Governor of Svalbard on polar mat­ Development of local democracy. ters. The Svalbard Act and other laws and regula­ The institute’s total store of knowledge, which tions assign the Community Council a number of is amassed through research and surveillance tasks. One important task is responsibility for all activities and physical presence, is intended to community infrastructure in Longyearbyen that ensure a reliable and updated knowledge platform has not been granted to others, including responsi­ for administration and management and be the bility for energy supplies. Other areas of responsi­ basis for the institute’s advisory function. The Nor­ 52 Report No. 22 to the Storting 2008– 2009 Svalbard wegian Polar Institute is also to have a visible pres­ units. Statsbygg administers the weather stations ence and activity in Svalbard, in order to make it a on Bjørnøya and Hopen. Altogether Statsbygg key contributor to the management of the archipel­ administers a total of 42,000 m2 of buildings in Sval­ ago environment and to the planning, coordination bard, including Bjørnøya and Hopen. The operat­ and facilitation of research there. The Norwegian ing costs of the hospital and school are covered by Polar Institute is also to be the Governor’s chief appropriations from the national budget, while the advisor on environmental issues. other buildings and housing are covered by the The institute is to have permanent premises Svalbard budget. Statsbygg’s activities related to and permanent staffing in Longyearbyen and in Svalbard cover approx. nine FTEs. Ny-Ålesund, have its own research and environ­ mental monitoring operations in Svalbard and par­ ticipate actively in national and international envi­ Svalbard Church ronmental monitoring and research collaboration Svalbard Church serves all residents of the archi­ in the archipelago. The Norwegian Polar Institute pelago, giving the pastor ecclesiastical responsibil­ shall also help to encourage and coordinate ity for attending to all settlements in Svalbard. For national and international research in Svalbard that reason the pastor visits all local communities through participation in research coordination during the year, including the hunting stations. bodies such as NySMAC (Ny-Ålesund Science Barentsburg, Ny-Ålesund and Svea are visited sev­ Managers’ Committee) and through collaborating eral times during the year. In connection with visits on research projects and active use of its infra­ of a Catholic priest to Hornsund, the pastor has structure, including research stations and field also participated in mass there, and Catholic logistics. masses have been held in Svalbard Church itself as a service to the Catholic population. The church performs ordinary ecclesiastical duties such as Commissioner of Mines church services, baptisms, confirmation, mar­ The Directorate of Mining and the Commissioner riages, memorial services and spiritual guidance, of Mines for Svalbard (Directorate of Mining) is in addition to other ecclesiastical activities per­ the central government agency tasked with man­ formed by clergy and catechists. The Svalbard agement and exploitation of mineral resources and ecclesiastical district is part of the Tromsø dean­ is an administrative agency directly under the Min­ ship, which belongs to the North Hålogaland dio­ istry of Trade and Industry. Its area of authority cese. The church has a staff of three. covers statutory enforcement, registration of rights, approval of extraction plans (operation plans) and supervision of mineral extraction oper­ Avinor ations. The Directorate of Mines’ main office is in Svalbard Airport, Longyear, is owned and operated Trondheim. To perform the tasks of the Directo­ by Avinor AS. Avinor Svalbard has 25 employees. rate of Mines in Svalbard, its Longyearbyen office As in the case of the other commercially unviable is staffed by one employee for most of the year. airports Avinor operates, shortfalls are covered by profits from the larger, commercially viable air­ ports. For more about Avinor and Svalbard Air­ Svalbard Tax Office port, Longyear, see Chap. 11. The tax authorities for Svalbard have their own office in Longyearbyen. The tax office is organised as an office unit in Tax Region North and is organ­ Longyearbyen Hospital isationally under the regional manager there. The Longyearbyen Hospital is affiliated with the Uni­ office unit assesses income tax and national insur­ versity Hospital of North Norway Trust. The hos­ ance contributions for Svalbard and performs tax pital offers primary and specialist health services withholding. Currently the office in Longyearbyen and is an accident and emergency care facility. Its has a staff of three. overarching objective is to provide adequate health services to the population of Svalbard and to every­ one travelling in and around the archipelago and Statsbygg adjacent waters in the Barents Sea. The hospital Statsbygg administers most of the state-owned has a staff of 19. For more on hospital services, see properties in Longyearbyen. These include com­ Chap. 10. mercial buildings, institutions and 113 housing 2008– 2009 Report No. 22 to the Storting 53 Svalbard

7 Environmental protection

7.1 Introduction great value as a source of knowledge and outdoor experiences. Since the previous Report to the In the opinion of the Government, Svalbard has an Storting on Svalbard was submitted nearly ten internationally important and valuable natural and years ago, the goal of protecting Svalbard’s wilder­ cultural heritage, which Norway has a special ness has become more important but also more responsibility to preserve. This was also empha­ challenging. This is due, inter alia, to the increas­ sised in the previous Report to the Storting on Sval­ ing rareness of pristine nature in the global context bard, where it was stated that Norway has a moral and the increasing vulnerability of Svalbard’s natu­ responsibility for preserving some of the last wil­ ral environment as a result of global warming. At derness areas in Europe. the same time, the pristine nature of Svalbard has Protection of the natural environment is one of become more important as a source of knowledge the key components of Norwegian Svalbard policy, about climate change and the environment. This and has been so for a long time. This is also based has resulted in a greater emphasis on the potential on the Svalbard Treaty, which has provisions con­ of the large areas of essentially undisturbed nature cerning the preservation of Svalbard’s natural envi­ in Svalbard as reference areas for climate and envi­ ronment. When the Treaty entered into force in ronmental research, and a recognition that access 1925, the population of Svalbard reindeer, which to these areas is an important resource for Sval­ was already drastically reduced, was protected. bard as a platform for international research. As a This was followed up later with the protection of result of the growth in tourism and other traffic, it species such as the walrus in 1952 and the polar has become even clearer that the wilderness and bear in 1972. In 1973, protected areas were estab­ cultural heritage are an important, but vulnerable lished that covered more than half of Svalbard’s basis for this industry. land area and territorial waters. Research, education and tourism constitute a Today, preservation of the area’s distinctive large and increasing share of the activities of Nor­ natural wilderness is one of the main objectives of way and other nations in the archipelago. The Gov­ Norwegian Svalbard policy, and Norwegian policy ernment regards the undisturbed natural environ­ dictates that environmental considerations are to ment in Svalbard as an important part of the basis prevail in the event of a conflict between environ­ for these activities and thus for Norwegian settle­ mental targets and other interests, cf. Report No. 9 ment and presence as well. (1999–2000) to the Storting and Recommendation The Svalbard Environmental Protection Act No. 196 (2000–2001) to the Storting. Since the pre­ and other environmental regulations are the most vious Report to the Storting, this has been put into important policy instruments for ensuring that practice through new, modern environmental reg­ presence and activities stay within the constraints ulations and the establishment of a number of new set by the conservation of the archipelago’s unique protected areas. In 2002, the Svalbard Environmen­ wilderness. At the same time, environmental pro­ tal Protection Act entered into force, and in the tection is an integral part of a comprehensive Nor­ period 2002–2005 the protected areas were consid­ wegian Svalbard policy. This entails that each of the erably expanded. Sixty-five per cent of Svalbard’s societal sectors in Svalbard is also responsible for land area and 87 per cent of its territorial waters are avoiding conflicts with environmental considera­ currently protected as nature reserves and tions and helping to achieve the environmental national parks. goals. How this responsibility is followed up by the With the exception of a few settlements and various sectors is described in greater detail in their adjacent areas, Svalbard is still a large, contig­ Chapter 11: Sea and air, Chapter 9: Industrial, min­ uous wilderness area. These virtually undisturbed ing and commercial activities and Chapter 8: natural areas have great intrinsic value and are Knowledge, research and higher education. important for the protection of the vulnerable bio­ In the coming years, we will face completely diversity that is found here. The areas also have new challenges in some cases with regard to pre­ 54 Report No. 22 to the Storting 2008– 2009 Svalbard serving Svalbard’s natural environment and cul­ ical changes that make it increasingly difficult for tural monuments. Svalbard is one of the places in species that are adapted to the current climate to the world where climate changes are expected to survive. At the same time, both the traffic and the be greatest. As the temperature rises and the polar interest in natural resources on and around Sval­ sea-ice is retreating, we must expect major ecolog­ bard can be expected to increase still further.

Figure 7.1 Boundaries for protected areas, land-use planning areas and territorial waters in Svalbard. Source: Norwegian Polar Institute 2008– 2009 Report No. 22 to the Storting 55 Svalbard

When climate changes rapidly, the overall impact on ecosystems and species will increase. 7.3 Policy instruments and This underscores the need for a management that achievement of objectives considers local activities, climate change and other external pressures in context and that aims to limit 7.3.1 Status and achievement of objectives the total impact in accordance with the ambitious The current state of the environment in Svalbard is goals that have been set for preserving Svalbard’s essentially good and provides a good starting point wilderness. The Government regards it as crucial for successful preservation of Svalbard’s wilder­ that policy instruments be developed further and ness. Due to determined Norwegian conservation that measures be implemented in time to meet efforts over several decades, only a minor fraction these challenges. of Svalbard’s land area has been affected by physi­ cal encroachments such as roads and other infra­ structure. Furthermore, most populations of mam­ 7.2 Main objectives mals and birds have been allowed to recover after overexploitation in earlier times. Even though Preservation of the area’s unique natural wilder­ there are also species in Svalbard that are threat­ ness is one of the main objectives of the Svalbard ened or vulnerable, the archipelago has not been policy; cf. Chapter 4 Main objectives and instru­ subject to the same negative trends as the main­ ments. The Government bases the environmental land with regard to infrastructure development protection in Svalbard on the following main objec­ and changes in land use, with the consequent loss tives: of biodiversity. With the exception of a few settle­ – On the basis of its internationally important ments and mining areas, Svalbard is still a large, natural and cultural heritage, Svalbard shall be contiguous wilderness area with virtually intact one of the world’s best-managed wilderness natural ecosystems. areas. Reductions in the extent of wilderness areas in – Within the framework set by the Treaty and recent decades have been incremental only, and considerations of sovereignty, environmental are related to certain extensions of the infrastruc­ considerations shall prevail in the event of con­ ture in existing settlements and mining areas. flicts between environmental protection and Despite several plans, a determined policy has ena­ other interests. bled us to avoid the construction of infrastructure – The extent of wilderness areas shall be main­ that intersects and leads to fragmentation of wilder­ tained. ness areas, such as roads, power lines, etc. con­ – Flora, fauna and cultural monuments that war­ necting the various settlements and mining areas rant protection should be preserved virtually in Svalbard. Hence, the wilderness areas in Sval­ intact, and natural ecological processes and bard are still contiguous and unfragmented in biodiversity must be allowed to evolve virtually accordance with the objectives for preservation of undisturbed by human activities in Svalbard. wilderness. – There shall be large and essentially pristine Other local impacts on the terrestrial environ­ natural areas in Svalbard that meet the need ment are also moderate and due to various forms of for reference areas for climate and environ­ traffic in the terrain. mental research. Since the last Report to the Storting on Sval­ – The possibilities of experiencing Svalbard’s bard, traffic in Svalbard’s natural environment has natural environment undisturbed by motorised increased as a result of increased tourism, traffic and noise shall be ensured, including research activity and population in Longyearbyen. areas that are easily accessible from the settle­ The increased traffic involves snowmobile, cruise ments. and other boat traffic. For the most part, the traffic is motorised, and especially cruise traffic takes These objectives establish the framework for all place to a great extent within the protected areas as activity in the archipelago. well. It is well known that the forms of traffic that occur in Svalbard can have impacts on flora, fauna and cultural monuments. It has been documented that the off-road driving with motor vehicles in some areas has resulted in considerable damage to the terrain and vegetation. Off-road driving in the 56 Report No. 22 to the Storting 2008– 2009 Svalbard terrain is currently strictly regulated and the visi­ the guillemot population on Bjørnøya has recov­ ble impacts are mainly vehicular tracks related to ered considerably. previous mining and exploration activity. Local The overall conclusion is that the extent of wil­ damage to vegetation and cultural monuments has derness areas in Svalbard has been maintained. also been documented at frequently used disem­ Even though our knowledge about the impacts of barkation sites for cruise tourism. traffic is limited, an overall assessment of the state In some areas, motorised traffic may at times of the environment indicates that the impact on diminish the possibilities for undisturbed outdoor species and ecosystems as a result of local activity experiences. This is particularly true near Long­ is still moderate. The most significant impact is still yearbyen during the snowmobile season and in related to the remaining effects of overexploitation some frequently visited disembarkation sites on of living resources that occurred in earlier times. the west side of Spitsbergen during the cruise sea­ The levels of environmental toxins are disturbingly son. There has also been a marked increase in the high in some species. The climate is changing rap­ cruise traffic in the nature reserves in East Sval­ idly, and we are probably already witnessing the bard, where there are conflicting interests over the first impacts of climate change on some popula­ use of these protected areas. tions. Depending on how traffic is controlled, there The fauna in Svalbard are protected in princi­ is a risk that a steadily increasing traffic will affect ple, but a limited amount of hunting, trapping and an increasing number of locations and areas in fishing is allowed, primarily as recreational activi­ Svalbard. This is especially a challenge in the ties for local residents. The populations of most nature reserves on East Svalbard because of the species are in good condition and little affected by role that these areas play as large and essentially the activities that currently take place in the archi­ pristine reference areas for research. pelago, but for a few species, there is insufficient knowledge to ascertain this with certainty. The populations of species such as Svalbard reindeer, 7.3.2 Current policy instruments walrus, and polar bear as well as eider ducks and The most important policy instruments for the pro­ geese have recovered or are increasing after the tection of the environment in Svalbard are the Sval­ overexploitation of earlier times. The exceptions bard Environmental Protection Act with accompa­ include Greenland right whale and Brent-goose, nying regulations and the enforcement of these which still suffer drastically reduced populations. regulations, as well as monitoring of the state of the Svalbard char have also been heavily harvested. In environment and activities that can have an impact some river systems, the population of mature char on it. Monitoring and control of compliance with was drastically reduced and nearly depleted protection provisions and other environmental through overfishing. There are also many signs of rules are handled by the Governor of Svalbard. climate-related changes in the environment. These are tasks that are very important for compli­ Diminishing sea-ice in the fjords on the west side of ance with the environmental regulations and that Svalbard is already having an impact on ice- require a considerable input of resources. dependent species’ use of these areas in the winter In Svalbard, special rules concerning environ­ and spring. At the same time, the percentage of mental protection have been issued in most areas temperate fish species in the fjords has increased instead of putting the mainland legislation in force. considerably. Species such as polar bear and glau­ A new, modern Svalbard Environmental Protection cous gull have disturbingly high levels of certain Act entered into force on 1 July 2002. The Svalbard environmental toxins. While the levels of “old” Environmental Protection Act is mainly a frame­ environmental toxins such as PCBs are slowly work law that outlines the main principles for the decreasing, the levels of some newer chemicals are management of the environment in the archipel­ increasing. ago, and a number of regulations have been issued Seabirds, marine mammals and other species that supplement it. The objective of the Act is to in Svalbard are directly or indirectly dependent on maintain a nearly undisturbed environment in Sval­ the biological production in the sea and factors that bard with regard to a contiguous wilderness area, affect it. The populations of seabirds in Svalbard landscape elements, flora, fauna and cultural mon­ have not undergone the same negative trend as on uments. Within this framework, the Act makes the mainland. One exception is the collapse of the room for environmentally benign settlement, guillemot population on Bjørnøya in 1986–87, research and commercial activities. which was closely related to the collapse of the The Svalbard Environmental Protection Act capelin population in the 1980s. Since that collapse, and accompanying regulations regulate most areas 2008– 2009 Report No. 22 to the Storting 57 Svalbard in the field of environmental protection in Sval­ original large protected areas in the sea from four bard, such as habitat protection, infrastructure to twelve nautical miles in the period from 2002 to development and traffic, protection of cultural 2005, 65 per cent of the land area and 87 per cent of monuments, land-use planning in the settlements, the territorial waters are protected. In the autumn local pollution and waste, and hunting and fishing. of 2008, the Bjørnøya nature reserve was also In many ways, the Svalbard Environmental Pro­ extended to 12 nautical miles from land. Through tection Act is a pioneering effort in environmental this conservation effort, an outstanding represent­ law and very important in the efforts to achieve the ative network of protected areas in Svalbard has ambitious environmental objectives that have been now been established, which encompasses all set for Svalbard. The experience with the Act so far known habitats in the archipelago. is that it provides a good basis for a comprehen­ Together with strict general environmental reg­ sive, long-term management of the archipelago. ulations, the extensive protected areas provides a After the establishment of several new pro­ good basis for maintaining the extent of wilderness tected areas and the extension of the border for the and avoiding future loss or fragmentation of wild

Box 7.1 The Svalbard Environmental Protection Fund The revenue can be used in surveys and meas­ ures to survey and monitor the state of the envi­ ronment, causes of environmental impacts and environmental impacts of certain activities, as well as restoring the environment to its original state. In addition, funding can be provided for management, maintenance and research in accordance with more detailed provisions in the Svalbard Environmental Protection Act. The revenue for the funds can also be used for meas­ ures to promote information, training and facili­ tation. The experience derived from Svalbard Environmental Protection Fund shows that the Figure 7.2 fund is important as a supplement to the ordi- nary environmental management and as a pol­ The Svalbard Environmental Protection Fund icy instrument to fill gaps in knowledge with has provided funding to environmental protec­ regard to the state of the environment, causes tion and cultural heritage projects in Svalbard and measures. The Environmental Protection since 2007. During its first two operating years, Fund has also helped create a local commitment the Svalbard Environmental Protection Fund to promote the values of the natural and cultural has distributed NOK 8 million to 57 different heritage that Svalbard has to offer. projects and measures that shall contribute to The challenges related to climate change, the protection of the natural environment and sustainable tourism and harvesting of the game cultural monuments in Svalbard. and fish populations in Svalbard are relevant pri­ The income for the Svalbard Environmental orities for the fund in the coming years. The Protection Fund mainly comes from the envi­ fund’s revenue has been increasing, and if this ronmental fee to visitors to Svalbard. The reve­ trend continues, it may become relevant to pro­ nue to the fund is supposed to be used to initiate vide support to larger and more long-term and encourage good projects and measures aim- projects. ing at achieving the ambitious environmental The Ministry of the Environment has appointed a Board of Trustees for the fund, and objectives for Svalbard. The Environmental Pro- tection Fund is supposed to help ensure that the secretariat for the Environmental Protection Svalbard’s distinctive natural wilderness is pre­ Fund has been located in the offices of the Gov­ served as a basis for experience, knowledge and ernor of Svalbard. sustainable use. 58 Report No. 22 to the Storting 2008– 2009 Svalbard areas as a result of infrastructure development. A good knowledge base with regard to the envi­ Outside of the protected areas, however, this ronmental impacts of local activity and external fac­ depends on restrictive practices as regards per­ tors such as climate change and long-range pollu­ mits for infrastructure development and effective tion, and not least the ways in which these factors enforcement of the regulations. interact is a necessary basis for good management. Starting on 1 July 2007 Regulations No. 3780 of Hence, the gathering of knowledge through sur­ 1 June 1973 concerning the establishment of bird veys, regular monitoring and environmental reserves and large nature conservation areas in research is an important policy instrument. Svalbard were amended so that only light marine Environmental monitoring in Svalbard is diesel fuel may be used as bunker oil within the organised and reported through the environmen­ large nature reserves on the east side of Svalbard. tal monitoring system for Svalbard and Jan Mayen A cap of 200 passengers per cruise ship was also (MOSJ). MOSJ is coordinated by the Norwegian introduced in these areas. In 2008, the Act relating Polar Institute. to harbours and fairways also came into effect for Information is also an important policy instru­ Svalbard. This act provides opportunities to imple­ ment with regard to both disseminating knowl­ ment a number of measures pertaining to fairways edge about the protected and wilderness areas in that are also important with regard to reducing the Svalbard and the rules that apply to traffic and risk of accidental oil spills. This and other maritime other activities. This is mainly taken care of by the safety measures are discussed in Chapter 11. Governor. The establishment of the information Management plans are an important policy centre “Svalbardporten” has helped improve the instrument for the management of protected areas, information work considerably. e.g. in order to provide predictability to users and International cooperation is of great impor­ to clarify the implications of regulations for various tance to the state of the environment in Svalbard. activities. Management plans should give a more This is especially true in connection with protec­ detailed account of the conservation objectives and tion of migrating species, the management of the put the Regulations concerning traffic and other marine resources in the sea around Svalbard and activities that may affect the natural and cultural external factors that have an impact, such as cli­ heritage into operation. So far, the Hopen and mate change and long-range pollution. However, Bjørnøya nature reserves are the only protected this kind of international cooperation is beyond the areas for which management plans have been elab­ scope of this report. orated. Regulations concerning harvesting in Sval­ bard, which regulate all hunting, trapping and fish­ 7.4 Special challenges and measures ing in the archipelago, were passed on 24 June 2002. These regulations are an important policy The current regulations and good state of the envi­ instrument for ensuring a management of the ronment give the Government a good starting fauna in accordance with the environmental objec­ point for its efforts to preserve Svalbard’s wilder­ tives and the principles of the Svalbard Environ­ ness. At the same time, certain trends may pose mental Protection Act. The regulations were major challenges for environmental protection in amended in 2008 and among other things authority Svalbard. This applies not least to climate change, was given to the Governor of Svalbard to specify increasing traffic and potential changes in the new Regulations concerning fishing for arctic char activities as a result of a warmer climate that will in Svalbard, cf. Regulations No. 865 of 30 July 2008. make Arctic marine areas more readily accessible. Motorised traffic in the terrain and the use of In addition, the development in the settlements aircraft in connection with tourism are regulated in may pose a challenge to the environment. The separate regulations. This regulation regulates the environmental management must assess and deal motorised traffic in space and time and distin­ with different factors that have an impact, such as guishes between the places where residents and climate change, pollution, infrastructure develop­ visitors are allowed to travel by snowmobile. Pursu­ ment, alien species, and disturbance so that the ant to this regulation, snowmobile-free areas have total impact in the long run does not reduce the also been established, where outdoor recreation extent of or the quality of the wilderness. This kind and tourism may take place undisturbed even in of management will make great demands on both areas that are easily accessible from Longyear­ fundamental knowledge and management’s ability byen. to adapt and tailor policy instruments and meas­ ures in response to changes in environmental con­ 2008– 2009 Report No. 22 to the Storting 59 Svalbard ditions and activity. In order to achieve the objec­ 7.4.1 Biodiversity on thin ice tives concerning preservation of Svalbard’s wilder­ ness, it is crucial that the policy instruments be Challenges and measures further developed and utilised in a way that meets Although the biodiversity situation in Svalbard is these challenges, and that the efforts to establish a good at present, species and ecosystems are vul­ knowledge base that makes this possible be contin­ nerable to many types of impacts. The assessment ued. Not least, there will be a need for a more sys­ of the different species’ vulnerability shows that tematic approach to surveying and monitoring the there are also threatened species in Svalbard. The environment and good systems for adaptive man­ reasons for this are complex, and in many cases agement based on new knowledge. not fully understood. Nevertheless, the following In a situation where both local activity and causal factors can be singled out: external pressures are increasing, two key envi­ – hunting and trapping of mammals and birds in ronmental management principles are of particular earlier times importance. First, the so-called precautionary prin­ – impact on the species’ source of sustenance in ciple has been incorporated into the Svalbard Envi­ the sea, ronmental Protection Act. When sufficient knowl­ – impact on migratory species in their wintering edge is lacking about the effects that a measure areas and along their migratory routes, may have on the natural environment or cultural – long-range pollution via air and water, monuments, the Act stipulates that authority shall – climate change be exercised with a view to avoiding possible dam­ aging effects on the environment. Second, the prin­ So far, the groups of species that have been ciple of overall environmental pressure, which is assessed to determine whether they are threat­ also established by law in the Svalbard Environ­ ened are birds, mammals and vascular plants. All in mental Protection Act indicates that all activity that all, 70 species in Svalbard are on the national “red is initiated must be evaluated on the basis of the list” of threatened species. Fifty-one of these are overall environmental pressure to which the natu­ plants, sixteen are birds, and three are mammals. ral environment and the cultural monuments will Common to the causal factors that have been then be exposed. These principles will be particu­ identified is the fact that they are primarily related larly important, in view of the ambitious goal that to external pressures or activities in earlier times. has been set to preserve the virtually undisturbed While the remaining effects of hunting and trap­ wilderness in Svalbard. It is also established in ping in earlier times are declining with time, other Norway’s national strategy for sustainable develop­ factors can be expected to become more promi­ ment that the Government’s environmental policy nent. This applies in particular to climate change, shall be based on the precautionary principle. which can be expected to increase in importance It is expected that climate change will have con­ and become the predominant threat. However, siderable long-term environmental impacts on inputs of environmental toxins to the Barents Sea Svalbard. The basic causes of climate change can­ will also play an important role and may be not be averted by means of policy instruments and enhanced by climate change. The seabird popula­ measures in Svalbard. However, the policy instru­ tions in Svalbard are also dependent on a fisheries ments should ensure that local activities give nec­ management that takes the populations’ nutritional essary consideration to changes in climate and requirements into consideration. Most types of fish environmental conditions so that the least possible that are important as sources of food for seabirds overall environmental pressure will be inflicted on around Svalbard are currently in good condition or vulnerable species and ecosystems. increasing in numbers. The Government also regards it as important to The climate in Svalbard is rapidly changing, strengthen Svalbard’s status as a natural and cul­ and it is probable that the living conditions for tural heritage of international importance and to many species can be radically altered as a result of increase the understanding among all involved par­ diminishing sea-ice, altered snow conditions and a ties of the measures that are necessary in order to longer growing season. Svalbard is an archipelago conserve this valuable natural and cultural herit­ surrounded by pack ice and both species and eco­ age for the future. The challenges posed by climate systems are dependent on an interaction between change to environmental protection in Svalbard land and sea that is highly vulnerable to climate are described in greater detail in Chapter 2. This change. The fact that Svalbard is an archipelago discussion is a backdrop for the challenges that are also limits the land-based species possibilities of described in the following section. migrating north as the temperature rises. Thus, 60 Report No. 22 to the Storting 2008– 2009 Svalbard

Figure 7.3 One of the three winners in the drawing competition “My Svalbard – why Svalbard is a good place to live” at Longyearbyen School. Drawn by: Alona Kulyk, 3rd grade.

protection of areas and species in Svalbard cannot The importance of a continued strict protection prevent climate change from becoming a serious is emphasised by the fact that climate change may threat to biodiversity. amplify other impacts. Less ice may result in more Nevertheless, the protection and the low pres­ ship traffic (cf. Chap. 2) and other traffic and hence sure from local activities can help limit the overall increase the risk of serious pollution and the dis­ impact and thereby help species and ecosystems to turbance of important habitats. Climate change is adapt more easily to climate change. According to also expected to affect transport and accumulation the UN Intergovernmental Panel on Climate of environmental toxins and to increase the nega­ Change (IPCC), reducing other stressors, and tive impact on vulnerable species. For migratory hence the overall environmental pressure, is the species, environmental conditions could also be most important management approach for limiting considerably changed in wintering areas and along harmful effects of climate change on ecosystems migratory routes with potentially serious conse­ and species. In such a context, an extensive protec­ quences for many species. tion of areas and species and strict regulation of A continued active effort to reduce the dis­ local activities will continue to play an important charge of of environmental toxins and enhance role. Therefore, the Government emphasises the cooperation in international fora for the protection importance of limiting the overall impact on spe­ of migratory species and populations shared with cies and populations through necessary regulation other countries will play a prominent role in Nor­ of traffic and a continued restrictive attitude to har­ way’s efforts to reduce the overall environmental vesting and activities that entail degradation of the pressure on species and ecosystems that are vul­ species’ habitats. nerable to climate change. 2008– 2009 Report No. 22 to the Storting 61 Svalbard

A milder climate also increases the risk that posal to the Norwegian Storting. In this strategy alien species may spread to Svalbard and displace document, the Government has noted that the the archipelago’s native flora and fauna. Already at research communities in Tromsø should be fur­ present the seawater along the west coast of Sval­ ther developed into a leading international centre bard has become more temperate. This may for research on climate and the environment in the increase the risk that alien species that can be High North. One element in this effort should be found in the ballast water and in fouling on the the improvement of management-oriented exper­ hulls of ships may gain a foothold and spread tise aimed at the needs in Svalbard for knowledge through Svalbard’s environment. A risk analysis about the impacts of climate change and changes will be conducted for alien species in Svalbard as a in industrial activity and traffic. basis for assessing measures to prevent the intro­ A number of policy instruments and specific duction and spread of such species. measures related to infrastructure development, It will be an important challenge to identify traffic, maritime safety and fisheries also play a environmental changes early so that it is possible major role in the preservation of biodiversity in to adapt the management of these changes and Svalbard. This is described in greater detail in sec­ limit their overall environmental pressure. In order tions 7.4.2 and 7.4.3. to succeed in this, it is important to have adequate knowledge about how various species and ecosys­ 7.4.2 Traffic in Svalbard’s wilderness tems are directly and indirectly affected by climate change. The efforts to develop this knowledge are Challenges and measures underway and will be advanced through surveys, Traffic is a major challenge in the management of monitoring and management-oriented research most large protected areas and other wilderness with the emphasis on impacts of climate change, areas. Undisturbed natural environment and intact environmental toxins and traffic on fauna, flora and ecosystems are vulnerable qualities that require a threatened and vulnerable species. The framework more active management if traffic increases and for this work will be the existing environmental spreads to new areas. This kind of management monitoring system for Svalbard and Jan Mayen should ensure that the traffic’s impact is limited to (MOSJ). The establishment of a Centre for Ice, Cli­ levels considered acceptable in different areas and mate and Ecosystems at the Norwegian Polar Insti­ ought to be based on a comprehensive analysis tute will also help improve our knowledge of the that also takes other types of impacts into consider­ most climate-sensitive and ice-dependent species ation. and ecosystems in Svalbard. The national species In recent decades, the traffic in Svalbard has project that is administered by the Directorate for increased. This increase includes snowmobile, Nature Management will also be of assistance in cruise ship and other boat traffic. This growth can this context. As a follow-up to Report No. 8 (2005– be expected to continue, partly as a result of 2006) to the Storting, Integrated Management of increased tourism and partly because the interest the Marine Environment of the Barents Sea and in field-based research and the use of Svalbard as a the Sea Areas off the Lofoten Islands, a separate meeting place is on the rise. Most of the traffic is monitoring group has been established under the motorised, and especially the cruise traffic takes administration of the Norwegian Institute of place to a great extent within the protected areas as Marine Research, which coordinates all monitor­ well. ing of the marine areas in the North. Although Svalbard is large, it is usually special In March 2009, the Government submitted the attractions such as cultural monuments, haul-out strategy document Nye byggesteiner i nord – neste sites for walruses or other special natural phenom­ trinn i regjeringens nordområdestrategi (New build­ ena and wildlife populations that are visited by tour­ ing blocks in the north – the next step in the Gov­ ists. The traffic is also greatest in the spring and ernment’s High North strategy). In the strategy summer when the environment is at its most vul­ document, the Government draws up the main nerable. To limit the impact on Svalbard’s natural directions for the further development of the High environment and cultural monuments as a result of North and outlines efforts and measures that increasing traffic, it is necessary to control the traf­ ought to be carried out over a 10–15 year period. fic in accordance with the value and vulnerability of The priority given to the different efforts, the the various areas and their conservation goals. sequence of implementation and the rate of An important challenge here is the regulation progress will be regularly assessed and be pre­ of the cruise tourism within the nature reserve in sented in the Government’s annual budget pro­ East Svalbard. In recent years, there has been a 62 Report No. 22 to the Storting 2008– 2009 Svalbard marked increase in the cruise traffic in these areas. Arctic foxes will often result in the litter of young At the same time, more attention has been paid to being moved elsewhere. Studies also show that the value of preserving the nature reserves as ref­ helicopter traffic has a disturbing effect on sea­ erence areas for research. The Government birds, geese, ringed seals and walruses. As men­ regards it as important that the traffic in the two tioned previously, it has been documented that off- big nature reserves in East Svalbard be managed road driving with motor vehicles, e.g. related to in a way that is in accordance with the objective of former mining and exploration activities, has a protecting them and that ensures the areas’ quality markedly negative impact on terrain and vegeta­ as essentially untouched reference areas for tion and that concentrated foot traffic results in the research. This is due to the need to study biologi­ formation of footpaths. Considerable wear on veg­ cal impacts of climate change in the Arctic, cf. etation, terrain and cultural monuments in some Chapter 8: Knowledge, research and higher educa­ much-visited disembarkation sites has also been tion. Research fieldwork may also entail distur­ documented. bances and other pressures. In some cases, it is Studies are underway of the impacts of traffic necessary to conduct research in areas and at on three haul-out sites for walruses in East Sval­ times when the natural environment is particularly bard, but the data have not yet been processed. vulnerable in order to obtain knowledge that is nec­ Flocks of females with pups are mainly found in the essary in order to manage the natural environment east, and these are easily disturbed. Studies of the or document environmental changes that are impact of traffic on Brent-geese and barnacle highly important for the environment and society. geese have been made in the archipelago of Thus, the overall result is that much of the traffic in Tusenøyane. These species are extremely vulnera­ Svalbard is taking place in areas and at times when ble during the breeding and moulting seasons. The the natural environment is particularly vulnerable. vulnerability of various species and areas to acute In the long run, increasing traffic will result to oil spills has also been relatively well documented. a varying extent in wear on the natural environ­ When it comes to the ways in which various ment and disturbance of the fauna as well as a forms of traffic are distributed and have evolved greater risk of pollution. The magnitude of this with time, the best surveys are those of cruise traf­ impact and risk will depend on the volume of traffic fic. Surveys of other traffic are of varying quality, as well as where, when and how it occurs. and there is, for example, no detailed overview of The documentation of the effects of traffic on the snowmobile driving of residents. the natural environment and cultural monuments Roughly speaking, Svalbard can be divided into in Svalbard is still rather limited. This is partly three zones on the basis of acceptable levels of because the increase in traffic in many areas is rel­ impacts from traffic. The lowest acceptable impact atively recent and partly because the monitoring level is in the nature reserves, which have the and survey of impacts is still rather modest in strictest form of statutory protection and “are pro­ scope. Based on knowledge from both Svalbard tected in order to preserve large, contiguous and and other places, however, it is well documented essentially untouched natural areas as reference that the kinds of traffic that occur in Svalbard may areas for research”, cf. the Protection Regulations. have impacts on flora, fauna and cultural monu­ Experiencing nature is not one ofthe objectives for ments. protecting these areas. In the three big national Specific studies of impacts on Svalbard’s fauna parks established in 1973, a somewhat greater mainly evaluate behavioural responses and to a amount of traffic and a somewhat higher level of lesser extent impacts on population levels. Snow impact are permitted. In addition to preserving mobile traffic appears to have only a moderate untouched natural environments and their value as impact on reindeer, but females and calves are vul­ reference areas for research, their use for outdoor nerable. It has also been documented that female experiences is an important part of the conserva­ polar bears with their young are easily disturbed. tion objective for these areas. In the remaining For these species, it cannot be excluded that they areas, which include central Spitsbergen and the will be subject to “avoidance effects” that change settlements, acceptance of the impacts from traffic the populations’ use of habitats. Bird species such and tourism is generally higher than in the nature as eider ducks and geese and other ground-nesting reserves and the national parks established in bird species are easily disturbed by foot traffic in 1973. This also applies to the new national parks in nesting areas and resting areas. This results in central Spitsbergen. increased loss of eggs and reduced reproduction. When traffic increases, the need for compre­ It is also known that regular traffic near the dens of hensive management increases as well, so as to 2008– 2009 Report No. 22 to the Storting 63 Svalbard keep the environmental impacts at an acceptable selves in order to limit the possible environmental level and deal with conflicting user interests. This consequences of their activities, e.g. through inter­ increases the need for a more thorough and con­ nal control, information measures, choice of boats sistent control of the traffic. Relevant policy instru­ and equipment and training of guides. ments may include zoning and channelling of traf­ Traffic related to research and education in Sval­ fic, limits on the volume, guidelines adapted to dif­ bard is already extensive. A continued focus on the ferent locations and requirements for guides to be further development of research and educational certified. activities in the coming years will also entail The cruise traffic in Svalbard has increased in increased traffic and activities in the field. Further­ recent years and has spread to the archipelago’s more, it appears that researchers would like to more remote areas as well. Even though only a shift their geographical focus more to the eastern small percentage of Svalbard’s total land area is parts of Svalbard because the Arctic phenomena directly affected by disembarkation from cruise that they want to study are less prominent or ships, these areas often have important and vulner­ absent in West Spitsbergen, which is affected by able conservation values related to cultural monu­ the Gulf Stream. This research ought to be consid­ ments and fauna. In addition to the risk of wear and ered in the context of the eastern areas’ impor­ tear on cultural and natural monuments, vegetation tance for climate research and future surveys, cf. and soils, cruise traffic can also cause disturbance Chapter 8: Knowledge, research and higher educa­ of fauna and entail the risk of acute oil pollution. tion. As previously described, the eastern nature The cruise traffic within the two big nature reserves in Svalbard are protected in order to pre­ reserves in East Svalbard used to be modest, but serve large, contiguous and essentially untouched since the beginning of the 1990s, there has been a reference areas for research. That entails that it considerable increase in the volume of traffic at the ought to be possible to utilise the areas for same time as more and more new areas are being research and monitoring in accordance with this visited. The so-called expedition cruise vessels objective. At the same time, traffic and other activ­ travel in these areas during the summer season. ities related to research in these areas should be People are brought ashore in various places to limited to research that cannot be conducted in experience the natural and cultural heritage, and other places, that has special relevance and that the choice of disembarkation sites depends to a does not result in impacts that may be in conflict great extent on weather and wind conditions. with the objective of protecting these areas. Moreover, one and the same vessel will often set Use of snowmobiles: More than 2,500 snowmo­ passengers ashore in several different places dur­ biles are currently registered in Svalbard. The ing one and the same cruise so that the number of number has more than doubled in the last decade disembarkations greatly exceeds the number of (source: MOSJ). This indicates that the snowmo­ passengers on board. The number of disembarka­ bile traffic originating in Longyearbyen has also tion locations and persons on shore in the nature increased. With the exception of an increasing traf­ reserves in East Svalbard varies somewhat from fic on the east coast, the traffic is concentrated in year to year depending on ice conditions. Since central Spitsbergen. This is in keeping with the 2001, the number of disembarkation locations has objectives for the development of tourism in Sval­ varied from 34 (in 2008) to 75 (in 2005). The bard, where the plan is for the further development number of persons on shore in the same period of tourism and traffic to be concentrated in this varied from about 8,000 (in 2001) to about 13,000 area. There has been a reduction in the amount of (in 2006) (source: The Governor of Svalbard). driving by residents in the Northwest Spitsbergen Based on the objective of protecting the environ­ and South Spitsbergen national parks. Beyond this, ment and the increasing interest in the nature there is little detailed knowledge about the volume reserves in East Svalbard as an especially impor­ and pattern of snowmobile traffic. tant reference area for climate research, it is impor­ tant to ensure that the impact of traffic be kept at a Measures sufficiently low level. The documentation of the extent of the distur­ Improved knowledge bance and wear resulting from the increased Solid knowledge about the extent and volume of cruise traffic is still limited, and the need for a more various forms of traffic is important for environ­ systematic survey and monitoring of impacts is mental management. The same applies to know­ great. The operators in the cruise industry in Sval­ ledge about how the traffic affects the natural envi­ bard have taken considerable responsibility them­ ronment and cultural monuments in Svalbard. 64 Report No. 22 to the Storting 2008– 2009 Svalbard

There are also important gaps in the knowledge ests indicates that there may be a need for manage­ about the distribution and vulnerability of various ment plans in areas outside the protected areas as habitats and species in Svalbard with regard to traf­ well and especially in central Spitsbergen, where fic. Therefore, it is necessary to develop a more the brunt of the activities and traffic is located. systematic and comprehensive survey and moni­ In order to come up with good management toring related to traffic patterns, vulnerability and plans, it is important that the user interests be impacts of traffic. Improving our knowledge about actively included in the process and not least that a the ways in which traffic affects the environment in solid knowledge base should be established with Svalbard through surveys and monitoring will thus regard to vulnerability and impacts of traffic in pro­ be an important task in the coming years. This tected areas. applies to the vulnerability of both cultural monu­ ments and various species and habitats to these Special considerations regarding measures impacts. concerning the various types of traffic The cruise traffic Management plans As mentioned above, the preparation of manage­ Preparing management plans for the protected ment plans for the protected areas will be an impor­ areas is a key policy instrument for managing vari­ tant tool for controlling all types of traffic, including ous forms of traffic and for limiting the overall those connected with cruise tourism. For most of impact in keeping with the objectives of the protec­ the protected areas, provisions for protection were tion measure. Management is defined here as var­ made at a time when there was much less traffic in ious types of policy instruments, where channel­ Svalbard than there is at present. In order to ling can be one of several relevant measures. Man­ ensure that the traffic is in accordance with the agement plans should be a means of further objectives of the protected areas, however, it has clarifying and achieving the objective of the pro­ been necessary to amend some of these provi­ tected areas and providing guidelines for a compre­ sions. In the summer of 2007, amendments were hensive management. The plans should also made to the Protection Regulations for the two ensure that the management has a sound scientific large nature reserves in East Svalbard, which basis for various regulatory measures. Within the entail requirements for fuel quality corresponding protected areas, these measures will be based on to light marine diesel for ships, and a cap of 200 the provisions of the respective protection regula­ passengers per cruise ship. tions. If any management plans are to be developed A proposal for provisions concerning the places for areas which are not protected, they must be where cruise tourists shall be allowed to disem­ based on the Svalbard Environmental Protection bark in the eastern nature reserves has been circu­ Act and its accompanying regulations as well as the lated for comment in 2008. The objective of the pro­ general environmental objectives for Svalbard. If posal is to limit the number of locations for disem­ necessary, these management plans may divide barkation in order to preserve the two eastern the individual protected areas into management nature reserves as large, contiguous areas with lit­ zones with different objectives and balances tle anthropogenic impact as reference areas for between use and protection or between different research. In the consultation process, a number of user interests. In this way, management plans will contributions have been submitted calling for a be an important tool when it comes to striking a review of various aspects of the part of the proposal balance between the interests of research and tour­ that applies to disembarkation in the eastern ism in accordance with the objectives of the pro­ nature reserves. This concerns both the extent to tected areas. which the measures will provide an effective and At present, there are management plans for the sufficient protection of the nature reserves’ value nature reserves on Bjørnøya and Hopen. The Gov­ as reference areas and the consequences of new ernment wants to emphasise the importance of sailing patterns for the cruise industry. Maritime also drawing up management plans in the coming safety implications must also be further assessed. years for the remaining large protected areas, When the comments submitted in the consultation which will further clarify the protection provisions process have been assessed by the Governor of and provide further guidelines for traffic in accord­ Svalbard, the Directorate for Nature Management ance with the objectives of the protection measure. and the Directorate for Cultural Heritage, the Gov­ The potential for unacceptable impacts on the envi­ ernment will decide what further actions must be ronment and conflict between different user inter­ taken on the proposals for amendments to the reg­ 2008– 2009 Report No. 22 to the Storting 65 Svalbard ulations for the nature reserves in East Svalbard. fic and non-motorised traffic and tourism are con­ The viewpoints and information that have been centrated in the areas around Longyearbyen. This submitted in the consultation round will be thor­ is also the preferred area for further development oughly considered and included in the basis for the of tourism. At present there is substantial growth Government’s ongoing work on this matter. in the non-motorised sector of the tourism indus­ The proposed amendments to regulations that try, and the potential for further growth is assumed have been circulated for comment also cover to be considerable if conditions are arranged to restrictions on access to certain selected cultural promote it. A further development of non-motor­ monuments and requirements for fuel quality cor­ ised tourism is desirable and well in keeping with responding to light marine diesel for ships that sail the ambitious environmental objectives for Sval­ within the national parks in western Svalbard. It is bard. Therefore, the Government underlines the important to the Government to reduce the risk of importance of ensuring a management regime that oil pollution in the protected areas and to ensure promotes dog-sledding and other forms of non­ that important cultural monuments are sufficiently motorised outdoor recreation and tourism based in protected against traffic. The intention is to ensure Longyearbyen. Efforts will be launched to assess that a decision concerning such amendments to how better arrangements can be made for this. the Protection Regulations will be passed in the Local tour operators will be involved in this work. summer of 2009. The Government will also establish a better over­ view of the volume and patterns of snowmobile traffic in Svalbard. Guidelines for research Use of aircraft for sightseeing is prohibited in Traffic resulting from research must be assessed in Svalbard, and its use for other purposes is strictly light of the increases in other types of traffic, the regulated. Pursuant to the Svalbard Environmental ambitious environmental objectives for Svalbard, Protection Act, landing in the terrain requires a the management category and conservation objec­ special permit. However, the use of helicopters in tives of individual areas and the scientific need for connection with research, management and other undisturbed natural environments. In such a con­ purposes is increasing. Helicopter traffic is very text, user conflicts may also arise, both between noisy and has a considerable potential to disturb research and traffic in connection with recreation the fauna. Thus, it is important that the use of heli­ and tourism and between different research activi­ copters in public administration and research and ties. The preparation of management plans for the for other purposes be limited through a strict inter­ protected areas will be an important tool for con­ pretation of the regulations and a better coordina­ trolling all types of traffic, including those related to tion and planning of activities in the field. Within research. The Governor is working on guidelines the framework of the environmental monitoring for traffic related to research activities. These are to system, MOSJ, efforts are being made to obtain a form the basis for requirements for field research better overview of the total helicopter traffic in and for measures to restrict research-related traffic Svalbard. and the risk of environmental impacts resulting New types of motorised traffic. Out of considera­ from this traffic. Strict environmental requirements tion for the environment, it is essentially undesira­ shall be specified for research in the field, and ble to allow new types of motorised traffic in Sval­ research that makes use of new methodologies that bard. Plans for the use of hovercraft in Svalbard for reduce the need for logistics, infrastructure and the purpose of research have aroused the need for human presence shall be encouraged. Guidelines a stricter regulation of this type of motorised traf­ shall also be established for traffic in connection fic. In the efforts to revise the Svalbard Environ­ with research and production of films in Svalbard. mental Protection Act, provisions regarding motor­ These guidelines will be followed up with neces­ ised traffic will be assessed, including the regula­ sary and appropriate requirements and measures. tion and use of hovercraft. The Government will also continue its efforts to ensure that traffic in and around Ny-Ålesund will 7.4.3 Resource exploitation in our last not reduce the quality of the area as a platform for wilderness Norwegian and international research. Measures for better coordination of research field activities Challenges are described in Chapter 8. Growing interest in the natural resources in and Snowmobile traffic and non-motorised traffic in around Svalbard could trigger an increased the vicinity of Longyearbyen. Both snowmobile traf­ number of applications for permits for activities 66 Report No. 22 to the Storting 2008– 2009 Svalbard entailing significant infrastructure development in The marine areas that surround Svalbard are the natural environment outside of the land-use not open to exploration for petroleum. In Svalbard, planning areas surrounding existing settlements claims have been granted on the basis of geological and mines. The extent and location of development indications of petroleum deposits. A claim is a pref­ in these areas will determine the magnitude of the erential right to exploit any resources that may loss of wilderness areas. exist within a specifically designated area. How­ Wilderness is a natural environment that has ever, the claim grants no unconditional right to not been affected by significant infrastructure begin operations. A claim is a clarification of rights development. Limiting new infrastructure develop­ among private licensees, and any exercising of the ment that affects untouched natural areas is thus a right to a claim is subject to restrictions in other necessary condition for the preservation of wilder­ regulations, e.g. the Svalbard Environmental Pro­ ness. The main challenge in this context is the con­ tection Act. straints on future industrial activities in Svalbard. Drilling for petroleum has previously been con­ Significant infrastructure development, such as ducted onshore, most recently in 1990 within what roads, power lines, etc. is primarily relevant in con­ is now Nordenskiöld Land National Park, but it has nection with industrial exploitation of coal, oil and not resulted in any commercially viable discover­ possibly other mineral raw materials within Sval­ ies. bard’s territory. There are potentially exploitable In the vicinity of the island of Hopen and along resources within and near existing protected areas the west coast of Spitsbergen, some claims have and in other wilderness areas that are not pro­ been granted on the basis of indications of petro­ tected. Development and installations related to leum deposits. Permits for exploratory drilling tourism and research can also become an issue, have not been granted in the territorial waters of but will scarcely be of the same extent or signifi­ Svalbard. cance for the wilderness characteristics as indus­ Svalbard’s coastal areas have large populations trial activities. Infrastructure development is usu­ of seabirds and marine mammals and are ally also followed by other types of environmental extremely vulnerable to oil spills. In the compre­ impacts. For example, mining operations or petro­ hensive management plan for the Barents Sea leum operations also affect the natural environ­ (Report No. 8 (2005–2006) to the Storting), the ment through pollution and various forms of dis­ polar front, the sea-ice edge and the ice-filled turbance. waters around Svalbard (the territorial waters) are In the protected areas, significant infrastruc­ defined as especially valuable and vulnerable ture development is prohibited. Moreover, except areas. It is also clear that the potential damage in for in the land-use planning areas, all types of infra­ the event of any oil spill will vary inversely with the structure development require special permission oil spill’s distance from the shore. pursuant to the Svalbard Environmental Protection The Government attaches importance to pre­ Act. Requirements have also been specified for serving Svalbard’s coastal areas as pristine as pos­ environmental impact assessment of all develop­ sible. As mentioned, fully 87 per cent of the territo­ ment that can be assumed to have more than insig­ rial waters around Svalbard are protected as nificant effects on the natural environment. Assess­ national parks or nature reserves. In these waters, ments of whether a permit can be granted, and if so petroleum operations cannot be permitted. In the on what conditions, will be based on the impact parts of the territorial waters that are not pro­ assessment and put special emphasis on the impor­ tected, exploratory drilling and operations would tance of the development for the wilderness char­ require a permit pursuant to the Svalbard Environ­ acter and special conservation values. The objec­ mental Protection Act in the same way as opera­ tive of maintaining the extent of wilderness areas tions onshore. in Svalbard calls for a continuation of restrictive As with former governments, this Government practices when it comes to permits and conditions does not consider issuing permits for petroleum pursuant to the Svalbard Environmental Protection operations in the territorial waters around Sval­ Act for activities that entail development outside of bard to be in accordance with the Svalbard Envi­ the existing settlements and mining areas. A con­ ronmental Protection Act, cf. section 9.5. tinuation of restrictive practices outside the pro­ The Government will continue the current tected areas will also be important for protected restrictive practices with regard to permits and areas because significant infrastructure develop­ conditions for activities that entail significant infra­ ment near these areas can have a negative impact structure development, extensive traffic, pollution on their conservation values. or the risk of pollution that may affect wilderness 2008– 2009 Report No. 22 to the Storting 67 Svalbard areas, protected areas or other especially vulnera­ also states that activities related to settlement and ble and valuable natural areas. In cases where a business should as a rule be located in the land-use permit is granted for activities requiring infrastruc­ planning areas. ture development, pollution or the risk of pollution The settlements in Svalbard differ considerably outside the land-use planning areas, strict condi­ in their nature, and there are different forms of tions will be imposed with regard to the scope and land-use conflicts that must be resolved. There are extent of the development, its location and physical also different administrative traditions in the Nor­ design, traffic and other activities connected with wegian and Russian settlements, which entail dif­ the development, discharges and the risk of dis­ ferent planning needs. charges and cleaning up and, if necessary, restor­ Longyearbyen has grown since the previous ing the areas involved when the activities cease. Report to the Storting on Svalbard. Building activ­ The aim of these conditions should be to minimise ity in Longyearbyen has increased, and so has the the scope and impact of the infrastructure develop­ demand for new areas, especially for dwellings, ment and other environmental impacts resulting research and education and business activity. from the activity, and moreover to ensure that it is Energy consumption has also increased. If the carried out in a way that makes it possible to growth in Longyearbyen continues, this may give restore the affected areas to their original natural rise to a need for considerable investment in infra­ state when the activity has been concluded. In structure. order to ensure that we have a good, updated pic­ The objective of the Svalbard Environmental ture of the development situation at all times, the Protection Act concerning environmentally sound Directorate for Nature Management will extend settlement, research and commercial activities their survey of areas without major infrastructure shall form the basis for further development of developments in Norway (INON) to also include Longyearbyen and the other settlements in Sval­ Svalbard. bard. The Svalbard Environmental Protection Act has clear provisions about what is regarded as 7.4.4 The environment in the settlements environmentally sound. and their adjacent areas Land-use planning in Longyearbyen and other settlements is a key policy instrument for steering Challenges development in a desirable direction. The land-use The environment in the settlements and their adja­ master plan for Longyearbyen is now being cent areas is affected by the activities that transpire reviewed and a new plan is expected to be there. Increased activity and a growing population approved in 2009. may affect the environment through expansions of Based on the objective of land-use planning and built-up areas and infrastructure, increased traffic, the possibilities of a holistic management of land more hunting and fishing in adjacent areas and use, it is important that the actual master plan des­ increasing discharges and generation of waste. In ignate areas for building purposes and specify how addition, energy use and transport and the result­ the land should be utilised, whereas the more ing emission of greenhouse gases may increase. detailed zoning plans provide a more detailed Longyearbyen and Svea in particular have grown account of how the individual area is to be utilised. considerably in recent years. How large the total In the central area of Longyearbyen, there will be impact on the environment in and around the set­ special needs for this kind of division of the plan­ tlements will be depends on the pace and patterns ning work into two levels. of further growth. This in turn will depend on the One of the main challenges in Longyearbyen is extent to which the authorities encourage and plan to adapt development to the area’s existing envi­ for further growth and the requirements that are ronment and characteristics. All of the major land- specified for land-use, energy efficiency, traffic and use planning areas are facing challenges, espe­ emissions. cially with regard to the cultural monuments. This Land use. In the Svalbard Environmental Pro­ is clearest, however, in Longyearbyen, where tection Act, provisions are specified concerning growth has been most pronounced. A survey of the the land-use planning within specifically defined cultural monuments and their associated buffer land-use planning areas around the settlements. zones in Longyearbyen has recently been con­ The intention is that the objective of the Act shall ducted, which will be of great help for future land- be taken care of in the best way possible. In order use planning. to avoid the spread of activities and development A particular challenge for Longyearbyen in the outside the established areas of activity, the Act coming years will be to improve the incorporation 68 Report No. 22 to the Storting 2008– 2009 Svalbard of possible risk of flooding and landslides into land- owns the aerial cableway facilities, ought to pre­ use planning. This is particularly due to climate pare a maintenance strategy in collaboration with change, which has resulted in altered precipitation, the Governor. In Ny-Ålesund, Kings Bay has incor­ melting and hydrological conditions. These porated protection of cultural heritage in its man­ changes are likely to be amplified in the coming agement strategy. years. The ground on which Longyearbyen is built There are also significant cultural heritage val­ is vulnerable and can easily be affected by climate ues in the land-use planning areas that surround change. This is especially true in the areas sur­ the current and former settlement and areas of rounding the mouth of the river in the Longyear­ activity in Barentsburg, Pyramiden and Coles­ dalen valley. To a varying extent, climate change will bukta in the form of mining installations and built- also entail similar challenges for the other settle­ up areas from the post-war period. Most of these ments in Svalbard. cultural monuments do not have any formal protec­ Cultural monuments. Svalbard’s settlements tion. Therefore, it is an important challenge to have a long history, and they include cultural mon­ define what ought to be preserved and to cooper­ uments and environments that bear witness to dif­ ate with the owners on this. ferent phases in the settlement’s development. Pollution and waste. Although the pollution sit­ These cultural monuments are integrated into the uation in Svalbard is dominated by long-range pol­ built-up areas and have great value as historical lution, local sources also contribute, especially in symbols and sources of historical knowledge and the areas around current and former settlements awareness. When the current built-up areas have and mines. Emissions from power production and evolved in close connection with the historical core run-off of environmental toxins from old landfills, of the settlement, there may be conflicts between mine tailings and polluted soil are the biggest chal­ the protection of cultural monuments and further lenges here. development of the settlements. The process of The Government regards it as highly important completing land-use plans for Svalbard’s Norwe­ that local sources of pollution be brought under gian and Russian settlements will help clarify the acceptable control so that the impact on the envi­ relationship between preservation and develop­ ronment will be minimal outside the immediate ment. The follow-up by local authorities, however, vicinity of the relevant sources. In Ny-Ålesund, the will always be critical to the protection of cultural research and monitoring activities are dependent heritage. on keeping the local anthropogenic impacts at a Ny-Ålesund has Svalbard’s biggest set of auto­ very low level. The discharges from settlements matically protected cultural monuments predating and other activities in this area must therefore be 1946 (29 buildings). The settlement is also an limited to a minimum. important cultural environment that should not The Norwegian Pollution Control Authority lose its historical character. A management plan for (SFT) has issued a discharge permit for coal min­ the protected buildings has been developed in ing operations in the Svea Nord mine and has plans cooperation between the Governor, Kings Bay and to incorporate the mining operations in Longyear­ the Directorate for Cultural Heritage, and has byen into this permit so that it regulates all Norwe­ proved to be an important step in the efforts to pre­ gian coal mining operations in Svalbard. A corre­ serve the historical character of the settlement. sponding permit has been issued to the coal-fired Consideration has been given here to the fact that power plant in Longyearbyen with requirements the interiors of some of the buildings can be mod­ for scrubbing a number of substances from the ernised. The historical and cultural heritage of the emissions. SFT has also notified Trust Arktikugol area must be taken into consideration in any fur­ in Barentsburg that operation of the power plant ther development. there will require a corresponding permit to the The cultural monuments from Longyearbyen’s one that has been issued to the power plant in former mining period are important as sources of Longyearbyen. emotional and aesthetic experience and have great In the somewhat longer run, substantial new symbolic value. The protected cableway facilities investment in production and the distribution of and other technical cultural monuments require power and heat in Longyearbyen will have to be extensive and difficult maintenance. Climate made. For more details, cf. section 10.1.3 Power change can speed up deterioration by increasing supply. the rate of decay of wood and the destabilization of For most of the locations with polluted soil in the uncompacted debris on the mountainsides in Svalbard, measures have already been taken or the the Longyeardalen valley. Store Norske, which risk of pollution is under control. For the locations 2008– 2009 Report No. 22 to the Storting 69 Svalbard where there will still be activities, the status cannot itage, Svalbard was added to Norway’s tentative list be clarified before activities cease. For the remain­ of areas that the State Party will consider for nom­ ing locations, the situation will now be assessed. ination to the World Heritage List in the coming Where it is deemed necessary, requirements for years. Further efforts are now being made to clean-up and recovery will be specified. According assess Svalbard as a potential World Heritage site. to the plan, the work shall be completed during In this process, a closer look will be taken at the 2010. basis for a possible World Heritage status and the In 2008, the Governor and the Norwegian Pol­ areas that may be relevant for nomination. The lution Control Authority commenced work on potential consequences of any proposal that may removing as many as possible of the local sources be made for traffic, tourism, etc. will also be of PCB pollution in Svalbard. The so-called PCB assessed. project aims to survey sources of PCBs in all settle­ Giving an area World Heritage status entails no ments in Svalbard and collect these sources for independent restrictions on the utilisation of the adequate destruction. The biggest challenges are site, but it is a prerequisite for inscription on the in Barentsburg and Pyramiden, and a very good World Heritage List that the areas and values on collaboration has been established with the Rus­ which inscription is based are given sufficient pro­ sian mining company Trust Arktikugol. The phas­ tection pursuant to national legislation. World Her­ ing out of the capacitors with PCBs from light fix­ itage status can also result in increased interna­ tures has been completed in the Norwegian settle­ tional attention to Norway’s management of the ments. The clean-up in Barentsburg and areas. Pyramiden and the supervision to make sure that Svalbard has important conservation values the phasing out of PCBs is finished shall be com­ related to its undisturbed nature, landscape and pleted in 2009. The possibilities of using the practi­ biodiversity, including large populations of sea­ cal experiences from the project as a basis for inter­ birds and marine mammals with conservation national cooperative projects concerning PCB value at the international level. The cultural and phase-out will be assessed further. historical heritage represent the activities of many The environmental authorities will also clarify nations over a period of more than 400 years com­ what ought to be done with the facades of buildings bined in a way that can scarcely be found anywhere and polluted soil in Svalbard that have proven con­ else. It is the sum of these qualities that makes centrations of PCBs. In connection with this, the Svalbard unique, and that can justify World Herit­ environmental authorities will establish coopera­ age status and that therefore will be the natural tion with the owners of the buildings and issue basis for the demarcation of a possible future orders concerning measures that must be taken World Heritage site. when this is deemed necessary. World Heritage is a trademark with considera­ ble power to attract tourists. Although Svalbard is 7.4.5 Nomination of Svalbard as a World already an extremely attractive tourist destination Heritage site at present, it must be taken into account that the area will attract even more interest and that the Challenges influx of tourists may increase if it is inscribed on UNESCO has signalled a clear interest in having the World Heritage List. World Heritage status Norway assess Svalbard as a part of the so-called may therefore be important for the development of World Heritage List under the World Heritage Con­ tourism in Svalbard, at the same time as this status vention. In June 2007, on the basis of recommenda­ may give rise to increased pressure from traffic in tions from experts in the Directorate for Nature vulnerable areas. Management and the Directorate for Cultural Her­ 70 Report No. 22 to the Storting 2008– 2009 Svalbard

8 Knowledge, research and higher education

8.1 Introduction surrounding marine areas, which are feeding and nursery grounds for a wide range of marine spe­ Svalbard is the most research-intensive part of cies, are also of great importance to research, not Norway and also the most international. For sev­ least in light of the ongoing climate changes. Little eral hundred years, researchers have visited Sval­ is still known, for example, about how marine spe­ bard, which in recent years has become easily cies react to these changes. accessible in terms of communications and can International involvement and cooperation with offer good living conditions for short or long-term Norwegian researchers are responses to such stays. In recent decades, substantial resources basic conditions, and are most recently displayed have been invested in major infrastructure for within the framework of the International Polar research and monitoring, partly by Norway and Year 2007–2008. The largest polar research pro­ partly through an international effort. In Longyear­ gramme ever gathers researchers from many byen, the world’s northernmost university centre nations to focus on issues of importance for our has been established. Norway is currently hosting common future. Norway contributes substantially research institutions from 20 countries that have a to the Polar Year, partly through activities located more or less permanent presence in Svalbard. Sim­ in Svalbard. This also indicates that Norwegian ply stated, education and research have become research in and on the Arctic is on good terms with one of the main business sectors for this island the global research community. At the same time, a community in the High Arctic. At the same time, strengthened Norwegian effort in the Antarctic, this is a “sector” that requires that the area’s e.g. through the development of the Troll research unique natural wilderness be preserved. Large station into a year-round station, creates new oppor­ areas in Svalbard are protected, and indeed an tunities for Norwegian polar research. This allows important objective of this protection is to ensure for comparative studies between the two polar large, essentially untouched reference areas for areas and a further development of areas where research. In addition, the Svalbard Environmental Norwegian research has special advantages. Protection Act was given a separate provision in The importance of polar research has 2004 concerning restrictions on activities that may increased in recent years, not least as a result of cli­ have a damaging effect on research activity in par­ mate change. At the same time, our knowledge ticular areas that are of special value for research. about the climate changes in the Arctic is limited. Arctic research has traditionally been mainly Paradoxically the climate models in the Arctic Cli­ concentrated in the natural sciences. Arctic mate Impact Assessment’s (ACIA’s) study forecast research is also of crucial importance for climate a partly ice-free Arctic Ocean by the middle of this research. Changes in environmental conditions century, whereas observations from recent years develop more rapidly and are more visible in the show that this situation is already well on its way to Arctic than at lower latitudes. This makes Svalbard occurring. The insufficient knowledge should be a unique area for studies of physical and biological seen in the context of our poor Arctic data basis processes occurring as a result of such changes, and poorly developed Arctic climate models. Fur­ which in turn gives Norway a special responsibility thermore, the level of activity in the Arctic, to advance our knowledge of the most pronounced whether it be tourism, shipping, petroleum opera­ global challenges of our time. Moreover, Svalbard tions or fishing, will probably increase in the com­ has very good conditions for basic research in the ing years. This creates a need for more knowledge natural sciences in a number of fields, and cultural in order to improve weather reports, warnings monuments that are important for European his­ about ice and icebergs, and safety and emergency torical research on hunting and trapping and scien­ preparedness, as well as to develop knowledge on tific activities, to name two examples. Svalbard’s satellite monitoring. Research and monitoring in location makes it possible to conduct unique Svalbard will help increase our knowledge in all of atmospheric studies and satellite monitoring. The the above-mentioned areas. 2008– 2009 Report No. 22 to the Storting 71 Svalbard

8.2 Main objectives Box 8.1 Investment related to research, education and monitoring The Government’s policy for research and educa­ tion in Svalbard has various dimensions. Because The major investments of importance to of the growing extent of the activities and the inter­ research, education and monitoring were national presence, this policy is becoming a more made after 1990. Essentially, these included and more important element in the management of the establishment of UNIS, the establishment the archipelago. Furthermore, it is an essential of a large radar facility near Longyearbyen for part of the Government’s High North strategy, the study of the aurora borealis and other which points to knowledge as the actual “hub” of interactions between the sun and the earth, the effort. Finally, it is a key aspect of the national the Norwegian Space Centre’s establishment policy for research and higher education, which of the Svalbard Satellite Station (SvalSat) for emphasises quality, internationalisation and utilisa­ satellite communications near Longyearbyen, tion of national advantages, among other things. SvalRak for launching scientific rockets in Ny- The Government emphasises the following main Ålesund, the completion and opening of a objectives for the policy: number of research stations in Ny-Ålesund – Research and higher education are to be key and the establishment and later new building elements in the Norwegian activities in Sval­ of the monitoring station at Zeppelin Moun­ bard in the years to come. tain, also near Ny-Ålesund. – Svalbard shall be further developed as a plat­ The investment has continued during the form for international research, higher educa­ last decade, and reflects both Norwegian and tion and environmental monitoring. The international interest in Svalbard as a archipelago’s infrastructure and unique research platform and research and educa­ research possibilities shall be exploited even tion centre. A fibre optic cable from Longyear­ better than they are at present. The infrastruc­ byen to the mainland was completed in 2003/ ture must be supplemented with measures that 2004. UNIS has expanded. The Svalbard further strengthen Svalbard’s position in the Research Park was opened in 2006 and has international development of knowledge. both Norwegian and foreign tenants. In 2008, – Norway should be a key player in the develop­ UNIS opened the aurora borealis laboratory ment of knowledge on and about Svalbard, not Kjell Henriksen Observatory (KHO) near just a facilitator. A professional leading role Longyearbyen. must particularly be ensured through the pro­ In Ny-Ålesund, the Marine Laboratory fessional standing and quality of Norwegian was completed in 2005. When India officially polar research. opened its research station in Ny-Ålesund in – All activity should be in accordance with an the summer of 2008, it was the tenth country overriding consideration of the environment. to do so after the old premises had been reno­ Research on climate and the environment is a vated for research purposes in recent years. natural focus area, and this research itself is Institutions from Norway, Japan, South dependent on the area being preserved unaf­ Korea, China, the Netherlands, Germany, fected by local impacts to the greatest extent France, Italy and the UK had previously possible. established their own stations in Ny-Ålesund. In the National Budget for 2009, NOK 25 mil­ lion has been allocated for the construction of 8.3 Status and development trends a new power plant in Ny-Ålesund, where the old power station has been the biggest source 8.3.1 Basic investment of pollution. Investment in the new power Institutions and other infrastructure of importance plant under the direction of Kings Bay AS is for research are especially located in Ny-Ålesund an important contribution to the consolidation and Longyearbyen with a certain division of labour of Ny-Ålesund as an environment-friendly between the two settlements. Major scientific research centre. equipment for measurement and monitoring is established in both places, partly through an inter­ national effort. Ny-Ålesund is defined as a “green” research station and should function as a natural science lab­ 72 Report No. 22 to the Storting 2008– 2009 Svalbard

Figure 8.1 The University Centre in Svalbard and the Svalbard Research Centre. Photo: Nils Petter Dale/UNIS

oratory. Other economic activities in and around Ny-Ålesund should be conducted within the con­ 8.3.2 The scientific presence straints imposed by the research activities. Most The concept of “polar research” includes activities foreign research stations are located in Ny- in both the Arctic and the Antarctic and is regarded Ålesund. The Norwegian Polar Institute and Nor­ as an element of various scientific disciplines. In wegian Mapping Authority also have stations general, we can say that polar research takes mate­ there. Kings Bay AS is responsible for infrastruc­ rials and phenomena about and in polar areas as its ture and services in Ny-Ålesund. The company has starting point. Norway has long traditions in polar the task of facilitating Norwegian and international research, especially in the Arctic, and is regarded research in the natural sciences and environmental as a prominent research nation in this field. Meas­ monitoring there and in the surrounding area. As ured by the number of scientific articles, Norway the administrative centre, Longyearbyen was the contributes 6 per cent of the total generation of natural place to establish the university studies in knowledge in polar research compared with a con­ Svalbard in 1993 (UNIS, now Universitetssenteret tribution of 0.6 per cent in the world’s total scien­ på Svalbard AS), and in general for any activities tific production. Naturally, a substantial amount of that require good communications and an exten­ Norwegian polar research is based in Svalbard, sive range of services. Based on different condi­ either conducted in the archipelago or based on tions, both settlements have undergone an impor­ data that has been gathered there. Internationally, tant construction and development process in research related to Svalbard has become more and recent years. For a more detailed report of invest­ more important, and researchers from Norwegian ment related to research, education and monitor­ institutions account for a little less than half of the ing, cf. Box 8.1. activities. The most important indicators here are Exact figures for Norwegian and foreign invest­ scientific publication and the number of researcher ment in research infrastructure are not available. full-time equivalents (FTEs). All in all, Norwegian However, Norwegian investment in research infra­ polar research has undergone a significant structure in Svalbard after 1990 is estimated at increase in the last decade, and the same is true for somewhat over NOK 1 billion, while foreign invest­ the total international effort. ment is estimated at about NOK 500 million in the It is primarily UNIS and the Norwegian Polar same period. Institute that give Norwegian research and knowl­ edge generation a foothold in Svalbard. The major­ ity of the Norwegian research is linked to Long­ yearbyen and the surrounding area. UNIS alone 2008– 2009 Report No. 22 to the Storting 73 Svalbard

Box 8.2 The University Centre in Svalbard At the end of the 1990s, UNIS had 30 employees externally financed research and education at and a turnover of just as many million kroner. At UNIS more than tripled from 2006 to 2009 and the start of 2009, UNIS had 75 employees and a has exceeded NOK 25 million per year. budget of NOK 110 million in turnover. UNIS UNIS offers programmes of study and con­ provides instruction to nearly 400 students from ducts research based on Svalbard’s geographi­ 25 countries. About 160 guest lecturers and cal location in a High Arctic area and the part-time employees (professor II) contributed advantages this provides. There are four main to the educational programmes at UNIS in 2008. areas of study: Arctic biology, Arctic geology, The number of students includes an increasing Arctic geophysics and Arctic technology. number of research scholars at the PhD level. Courses are taught in English, and about half of Employees and students at UNIS represent the students come from countries other than a total of more than 200 FTEs, and all live and Norway. This is in keeping with the premises on work in Longyearbyen. When the employees’ which the centre was established. The four uni­ families are included, UNIS accounts for about versities that originally established the centre 15 per cent of the population of Longyearbyen. are responsible for UNIS’s academic activities. When part-time staff and direct and indirect rip­ Subjects taught are included in ordinary curric­ ple effects are included, UNIS is assumed to ula that lead to degrees at the bachelor’s, mas­ account for between 20 and 25 per cent of the ter’s and PhD levels at one of the mainland Longyearbyen population. universities. As such, UNIS functions as an Arc­ UNIS is mainly funded through government tic field station for the mainland universities, allocations. In 2009, appropriations from the specialising in basic research and education in Ministry accounted for about 75 per cent of the the High Arctic disciplines. UNIS is directed to company’s revenue. The remaining funds cooperate with other educational and research mainly come from the Research Council of Nor­ institutions at the national and international lev­ way and from the private sector. The volume of els and with the public and private sectors.

accounts for fully half of the FTEs in the research was established, the Research Council of Norway and education sector in the broad sense, and well has been delegated tasks that are important to the over half of these – around 200 – are Norwegian. scientific activity in the Arctic. Surveys, environ­ An important part of the research in Svalbard takes mental monitoring and government-administra­ place in Ny-Ålesund, where a number of foreign tion-related research in the polar areas are prima­ research institutions have been established. In rily handled by the Norwegian Polar Institute, addition, Russian and Polish institutions have activ­ which is also an advisor to the central administra­ ities in Barentsburg and Hornsund respectively. In tion and the Governor on polar matters. The Insti­ addition to launching and monitoring stations, Nor­ tute has extensive activities in Svalbard, including wegian activities in Ny-Ålesund are especially tied research and operation of research stations, envi­ to the Norwegian Polar Institute’s research station ronmental monitoring and operation of monitoring (the Sverdrup Research Station), the Zeppelin Sta­ stations, topographical and geological surveys and tion and the Arctic Marine Laboratory. environmentally-oriented dissemination of infor­ mation. The Polar Institute also gives Norwegian and foreign research institutions that take part in 8.3.3 A strategic diversity joint projects access to the Institute’s infrastruc­ Institutions such as the Norwegian Polar Institute, ture. Furthermore, the Institute has bilateral Kings Bay AS and UNIS have different strategic agreements or “Memoranda of understanding” on functions in connection with education and cooperation within polar research with counter­ research in Svalbard. As time has passed, the need parts in a number of countries and also cooperates for organisational solutions that promote increased closely with Norwegian research communities. interaction among the Norwegian participants in In its capacity as a landowner in Ny-Ålesund, Svalbard and between Norwegian and foreign Kings Bay AS’ mission statement was changed in interests has become greater and greater. Since it the 1990s, giving the old mining company new 74 Report No. 22 to the Storting 2008– 2009 Svalbard tasks of great importance to the scientific activities. Science Forum shall also take care of information Since then, the company’s main task has been to services relating to research in Svalbard, e.g. ensure that the infrastructure and services availa­ through the upgraded database system RiS ble in and around the settlement benefit Ny- (Research in Svalbard). RiS now contains neces­ Ålesund as an arena for Norwegian and interna­ sary information for researchers who want to work tional scientific research and environmental moni­ in Svalbard, including a project database with a toring and is in keeping with the researchers’ well-developed search function. needs, the Norwegian authorities’ requirements For field research that involves travelling over and the technical development. Kings Bay AS also large parts of the archipelago, permission must be has the task of promoting a good, close collabora­ obtained from the Governor, who requires regis­ tion between researchers and institutions that are tration in the RiS database before granting a per­ based here. mit. All in all, the development of the database sys­ In the course of its fifteen-year history, UNIS tem has already improved the overview of the has expanded as a centre for Arctic studies and has research activities in Svalbard, to the benefit of become an essential element of the education and both the authorities and research communities, research platform of Svalbard. Both instruction and has allowed for a somewhat better coordina­ and research have been improved, including exter­ tion of these activities. nally funded activities. The Centre’s involvement in Both in Ny-Ålesund and Longyearbyen, sepa­ the aurora borealis laboratory, Kjell Henriksen rate collaborative fora have been established. The Observatory (KHO), research vessels, the Sval­ Ny-Ålesund Science Managers Committee (NyS- bard Research Park, the EISCAT radar installation, MAC) goes back to 1994 and gathers representa­ the coal mining operations in Svea, Ny-Ålesund, tives from all institutions with permanent stations Barentsburg and Hornsund in cooperation with and major research projects in the town. The Nor­ local operators, and most recently the acquisition wegian Polar Institute runs the secretariat. NyS- of the radar system SPEAR from its former owner, MAC is meant to help avoid conflicts between the University of Leicester, are examples of active, existing and planned research projects and to help outward-oriented activities, both national and inter­ promote the development and effective utilisation national, and indicate an intention to be a key stra­ of infrastructure and technical solutions. The tegic player. Students and employees at UNIS also Longyearbyen Science and Education Forum constitute a more and more important part of the (LySEF) was established in 2008 with the purpose local community in Longyearbyen. of promoting Longyearbyen as a base for research As the authorities’ key institution for funding and education. This shall be done through coordi­ and coordinating Norwegian research and as an nation and various cooperative measures. UNIS advisory body on research policy issues, the runs the secretariat. Research Council of Norway has important tasks to perform in Svalbard. In 1993, the Research Council established the National Committee for 8.3.4 Cooperation without borders Polar Research, which shall contribute, among Svalbard has become a meeting place for the Gov­ other things, to a better coordination of national ernment’s international network, where climate- resources and logistics. The National Committee related research and cooperation are given top pri­ draws up strategic plans for polar research and ority. During the last three decades, the High assists in consultation to the Interministerial Com­ North Study Tour and Svalbardkurset (the Sval­ mittee on Polar Affairs and other administrative bard Course) have helped create awareness and bodies. The largest polar-related efforts are funded educate the participants on Arctic matters. Start­ through the Research Council, e.g. Norwegian par­ ing in 2005, the High North Study Tour has been ticipation in the International Polar Year. arranged as an annual study tour in and around In 1998, the Research Council of Norway estab­ Svalbard for important collaborating countries and lished the Svalbard Science Forum (SSF) as an the European Commission. Matters pertaining to instrument for coordinating research in Svalbard. the Northern region, including those related to A new SSF with an enhanced mandate was research, education and monitoring in Svalbard, appointed by the Interministerial Committee on are included on the agenda in the political dialogue Polar Affairs in 2005. In accordance with the man­ with a number of countries. These matters are date, SSF shall take care of both professional coor­ especially important in the cooperation with our dination and practical organisation of both Norwe­ Nordic neighbours, both bilaterally and in fora gian and international research activities. Svalbard such as the Nordic Council of Ministers, the Bar­ 2008– 2009 Report No. 22 to the Storting 75 Svalbard ents Euro-Arctic Council and the Arctic Council. In strengthened and new networks have been estab­ recent years, climate change and other changes in lished. the Arctic have had a prominent place on the inter­ The effort entails an important national boost national political agenda. Since 2006, Norway has for polar research, which is a field where Norway organised an annual international symposium in has unique opportunities to contribute to the glo­ Ny-Ålesund on changes in the Arctic with high- bal development of knowledge. Combined with the level participation from research, business and infrastructure that Svalbard offers, it thereby industry and political circles. strengthens Norway’s international role in polar As described above, the multi-national scien­ research. tific presence and international investment in Sval­ Norwegian participation in the Polar Year has bard have increased substantially in recent years. thereby contributed toward achieving the Govern­ Bilateral agreements on scientific and educational ment’s main objective. It is important that this par­ cooperation, which have been entered into in ticipation give long-lasting benefits to Norwegian recent years with South Africa, Japan, the USA, research communities, and, among other things, India, France and China, may also play an impor­ contribute to increased international use of Sval­ tant role in future developments. bard also after the programme has ended. Main­ Within polar research in particular, there are taining networks established during the Polar Year long traditions for research collaboration between is an important factor in this respect. Norway may Norwegian and Russian institutions. Russia also build on the experiences gained during the accounts for the next largest number of annual IPY in a further effort to develop Svalbard as a researcher FTEs in Svalbard (13 per cent, com­ research platform. pared with 47 per cent for Norway). It is important to achieve a dialogue and cooperation between researchers in the Norwegian settlements and 8.4 Challenges, opportunities and Russian researchers in Barentsburg. UNIS can principles point to good results in the work to achieve this. The Svalbard of the future will increasingly depend on the development, gathering and dissemination 8.3.5 The International Polar Year 2007– of information. This is an important perspective in 2008 (IPY) the Government’s policy, which will continue Nor­ Polar research is particularly dependent on inter­ wegian involvement in the Arctic. This involve­ national cooperation. The third International Polar ment simultaneously connects us more closely to Year, under the direction of the International Coun­ the global society. It is an effort that confronts us cil of Scientific Unions (ICSU) and the World Mete­ with big challenges and opens up at least equally orological Organisation (WMO), is the largest big opportunities if the challenges are well han­ polar research programme ever. All in all, about dled. 50,000 researchers from 63 countries will partici­ pate. With a special appropriation of NOK 320 mil­ lion divided over four years, Norway is one of the 8.4.1 Environmental constraints largest contributors. The funds are channelled Increased research activity can give rise to con­ through the Research Council of Norway. A con­ flicts both in connection with the natural environ­ siderable number of Polar Year projects, both Nor­ ment and between various interest groups. In gen­ wegian and international, have activities in Sval­ eral, it is crucial to find a good balance between use bard. These projects will provide very interesting and protection. The research that is conducted data and research results and should therefore be ought to be of such a nature that it only or best can continued. be conducted in Svalbard, and it must always take One of the goals of the Norwegian effort in the the vulnerability of the environment into consider­ Polar Year was that it should result in a considera­ ation. This caution must go hand in hand with the ble increase in permanent international coopera­ acknowledgement that knowledge through tion and in foreign researchers’ use of Norwegian research is necessary in order to achieve a reliable infrastructure in Svalbard in cooperation with Nor­ management of the natural wilderness in Svalbard. wegian researchers. It is already clear that this One of the goals is that scientific and educa­ objective has largely been achieved. The Polar tional activities should be mainly linked to the set­ Year has resulted in increased use of Svalbard. At tlements and research stations and make use of the same time, international networks have been established infrastructure. Within this framework, 76 Report No. 22 to the Storting 2008– 2009 Svalbard

Ny-Ålesund shall be further developed as a “green” ronmental impact of the activities. This is also dis­ research station with its main scientific focus on cussed in section 7.4.2. The development of the climate and environmental research. At the same management plan must be based on this knowl­ time, activities in the field will be an important fac­ edge, and likewise for policies that are conducted tor in both research and education. In order to limit on the basis of these plans. One possible policy the impact on the natural and cultural environ­ instrument is the further development of reporting ment, emphasis must be given to coordination of and database systems, cf. the discussion in section practical and logistical aspects of the projects. It is 8.5.6. also important to ensure good professional coordi­ nation among projects when it comes to the gather­ ing of and experiments on biological material. 8.4.2 Worth promoting Sharing of research data will often be expedient. Svalbard has become a land of opportunity for the Activities in the protected areas in the archipel­ development of knowledge. It will be a challenge ago must not be in conflict with the objectives and for Norwegian authorities to see that the activities provisions of the protection and should as a rule be generally have a scientific profile that is based on limited to activities that cannot be performed else­ the archipelago’s special advantages. where. At the same time, preservation of essen­ First and foremost, it will be appropriate both tially untouched reference areas for research, nationally and internationally to take advantage of which ensure that the impact from local activities the opportunities that Svalbard provides for cli­ remains low, is an important justification for the mate and environmentally oriented research, not protection. For much of the archipelago, e.g. the least within the framework of the broad range of two nature reserves in East Svalbard, this is the fields covered by polar research that have been main objective of the protection. Provisions con­ given increased attention as a result of the Polar cerning protection, which are supposed to ensure Year. These are areas where Norwegian research an undisturbed natural environment and intact eco­ has considerable expertise and can play a leading systems, are an important part of the “infrastruc­ role. The same applies to marine research, which ture” for Svalbard as a research platform. The pro­ is also of considerable importance to the survey of tected areas are of particular importance for stud­ global climate changes, e.g. through studies of ice ies of effects of climate change and long-range cover and open sea and of the consequences of cli­ pollution on species and ecosystems. Cf. section mate change for the marine resources. The Marine 7.4.2 for a further discussion of challenges result­ Laboratory in Ny-Ålesund emphasises this, and, by ing from traffic in these and other areas. virtue of its strategic location on the edge of the At present, there is no reason to believe that Arctic Ocean, it has become a key link in marine research in Svalbard will result in traffic and other research networks. In the budget for 2009, NOK 22 environmental impacts that exceed acceptable lev­ million has been provided for a new resource cen­ els. The Governor has made this assessment, but tre for ice and climate, affiliated with the Norwe­ simultaneously points out that both the research gian Polar Institute in Tromsø, Norway, which will activities and the need for traffic will increase in also be of great value to climate-related research in the coming years and especially in areas that are Svalbard. In 2008 and 2009, funds were allocated particularly vulnerable and fairly inaccessible. This for the detailed design of new ice-breaking mainly applies to the eastern nature reserves. research vessels to replace an old and partly obso­ These reserves have a pure Arctic climate and dis­ lete fleet. A final decision on the matter can first be tinguish themselves from the western part of the made in 2009. Svalbard’s geographical location archipelago, where the Gulf Stream gives rise to below the magnetic cleft provides unique opportu­ relatively mild and rainy conditions. Climate nities for studying the middle and upper layers of change, which is now a key area of polar research, the atmosphere where the impacts from outer is far more noticeable in the “Arctic” east than in space are strongest. The good access to space- the “Atlantic” west, and this is expected to have a related infrastructure, especially around Longyear­ determining effect on many researchers’ travel byen, provides opportunities for studying the inter­ itineraries. action between all layers of the atmosphere and In its performance audit of Svalbard, the Office space. The processes that control energy transfers of the Auditor General is concerned with providing among the layers of the polar atmosphere and an overview of all forms of traffic, including those between the atmosphere and space are important related to research. The Governor indicates the for the global energy balance and hence for the same need with a view to clarifying the total envi­ earth’s climate. This research area is the object of 2008– 2009 Report No. 22 to the Storting 77 Svalbard broad international cooperation. Eighteen univer­ sities and institutes throughout the world are leas­ Box 8.3 – Research in practice – the ing space in the new Kjell Henriksen Observatory. dinosaur hunters There is growing interest in the two nature reserves in East Svalbard, which are an especially “The head measured three metres; the teeth important reference area for climate research. The were as long as cucumbers. The monster could marine area off this coast has cold currents and a have seized a Morris Mini in its jaws and great expanse of sea-ice. The largest glaciers in nearly swallowed it whole.” Svalbard are located onshore. This is a typical High That is how palaeontologist Jørn Hurum Arctic ecosystem with a primarily ice-dependent from the Natural History Museum at the Uni­ fauna. According to global and regional climate versity of Oslo describes the 15 metre long models, the biggest temperature increases are pliosaur that was discovered and partially expected in this area. It is expected that research excavated in Svalbard in the summer of 2007 and monitoring in a number of climate-related and 2008. The discovery is popularly referred fields, such as oceanography, glaciology and biol­ to as the “sea monster from Svalbard – Preda­ ogy, will be conducted in East Svalbard in the com­ tor X”. The discovery is described as a global ing years. sensation because it is the world’s largest and In recent years, international polar research best preserved pliosaur to be discovered so has been angled to a great extent toward Earth far. System Science (ESS), which should provide an In the summer of 2001, geology teachers interdisciplinary perspective on the earth as an discovered a number of connected bones of a integrated system. It is difficult to understand how plesiosaur during an excursion with students complicated systems work if we only study simple from UNIS. As a follow-up, excavations were processes, and this makes it necessary to gain conducted in 2004 under the direction of the insight into the interactions among processes. Natural History Museum. In the immediate Earth System Science contributes to these vicinity of the original discovery, eleven more insights. The ESS perspective includes both the skeletons were found. In 2007, the expedition study of simple processes and the relationships excavated the partial skeleton of a new giant among them and plays a particularly important species. role in the current massive international efforts, Bones of various marine reptiles have e.g. the International Polar Year. This perspective been found at various places in Svalbard makes it possible to see the interaction between together with footprints of a 60 million year- the polar areas and the rest of the planet. It pro­ old mammal, a pantodont, and various types vides the basis for the so-called SIOS initiative – of dinosaurs. Recent research shows that rep­ Svalbard Integrated Arctic Earth Observing Sys­ tiles of many types swam in the sea around tem; cf. a more detailed discussion in section 8.5.1. Svalbard 150–140 million years ago and were Monitoring, surveys and the establishment of common here during the Jurassic Period. long time series are of fundamental importance for As a step in demonstrating Svalbard’s research and management, on land as well as in the unique features, geological history and its waters around Svalbard, and they are also of com­ polar natural heritage, the award-winning mercial interest. In Svalbard, Norway has first and Svalbard Museum is working to make a cast foremost a unique space-related infrastructure that of the “sea monster from Svalbard” which will fully or partially forms the basis for various types of be exhibited in a separate building at the Sval­ activities such as atmospheric research, manage­ bard Museum. This may become an impor­ ment of land and marine areas and commercial uti­ tant supplement to the museum’s efforts to lisation of meteorological data. In general, develop­ communicate Svalbard’s environmental and ment and exploitation of the observation systems cultural history. for space, oceans, land and ice will be an important aspect of a research and education policy for Sval­ bard. So far, the space-related infrastructure is the best developed, and it is an important task to utilise this infrastructure optimally. It is still a challenge to Many Norwegian institutions cooperate on establish systems for consistent, extensive moni­ research in Svea, e.g. SINTEF (The Foundation for toring of oceans, land and ice. Scientific and Industrial Research at the Norwe­ gian Institute of Technology) and UNIS are cooper­ 78 Report No. 22 to the Storting 2008– 2009 Svalbard ating on research related to oil spills. Svea is also an arena for technological research and education related to construction on permafrost and opera­ tions in ice-filled waters. Scientific activity within several disciplines are conducted in Svalbard. Ny-Ålesund is the location of important monitoring stations that are depen­ dent on untouched surroundings. In Longyear­ byen, a large facility for satellite monitoring and downloading of data has been established, and the activities at UNIS are important for academic fields such as Arctic geology, geophysics and biology. It is important to ensure that the opportunities for basic research in the natural sciences in Svalbard can be completely utilised by both Norwegian and international institutions. Research for economic growth and commercial development must be undertaken within the con­ straints of particularly strict environmental requirements in the Arctic area. For Norway, the harvesting of marine resources has rich traditions, Figure 8.2 Excavation of pliosaur. which the Government wants to further develop Photo: Natural History Museum, University of Oslo with the necessary caution. Marine bioprospecting has attracted great expectations. Marine bio­ prospecting is not an industry in itself, but a dalen valley to develop a field laboratory for carbon research and development tool in the area of bio­ capture and storage in cooperation with a number technology, which is based on a systematic search of research institutions, companies and GASS­ for unique genes, biomolecules and organisms NOVA. from the marine environment. This tool aims to develop products for commercial or socially bene­ ficial purposes. The area of application is broad; 8.4.3 Quality, division of labour and results and products have potential within a cooperation number of business areas and have global market­ The Government wants Svalbard to be an attractive ing possibilities. Examples include new medicines, arena for researchers from throughout the world. ingredients for taste and nutritional content in food At the same time, Norway must not just play the and animal feed, enzymes and microorganisms for role of facilitator, but must also be an active partic­ processing food and/or animal feed, and industrial ipant in the professional activities. In many areas, processes related to the production of textiles, cel­ representatives for Norwegian institutions ought lulose, biomass and/or renewable energy and to be able to assume a professional leadership role. applications related to the oil industry. This is important both for helping to coordinate The Government is working on a national strat­ the activities in Svalbard and for ensuring that it egy for marine bioprospecting. The requirement shall benefit Norwegian scientific and educational for state-of-the-art expertise in a number of fields communities. The premises for achieving this kind calls for regional, national and international coop­ of objective are that the Norwegian institutions eration in both research and business. Investing in have the scientific standing and quality to make marine bioprospecting, where Tromsø will play an them attractive partners for foreign colleagues in important role, and it will be natural to extend that the coming years. In this context, it will be a key role to Svalbard, is part of the Government’s High task to ensure recruitment to Norwegian polar North strategy. research. Special policy instruments and measures Svalbard is also somewhat linked to a strong are discussed further in section 8.5. national and international attention with regard to Norway has good researchers, but relatively carbon capture and storage and hence to the con­ small research communities. In addition, polar flict between energy and/or business and environ­ research often entails special costs. Therefore, it is mental concerns. UNIS has exploited the geologi­ extremely important that resources be marshalled, cal advantages in Longyearbyen and the Advent- e.g. through a sensible division of labour between 2008– 2009 Report No. 22 to the Storting 79 Svalbard institutions and research communities, and that establish partnerships with Norwegian and foreign these cooperate in turn when this is appropriate. institutions. Within the framework of the activities in Svalbard, UNIS should continue its active pursuit of it is very important that the professional activities external resources and cooperate with various in Longyearbyen and Ny-Ålesund respectively players in Svalbard. All of these activities should be complement each other and work together to aligned with the company’s main mission and help ensure a strong and comprehensive research strengthen and defend the Arctic creative com­ effort. In consultation with the Research Council of mons. It is important to achieve good cooperation Norway, strong participants such as UNIS and the between UNIS and the educational institutions on Norwegian Polar Institute have a special responsi­ the mainland, based on UNIS’s special expertise bility for seeing that this kind of objective may be and advantages. achieved. The activities of the Norwegian Polar Institute Infrastructure and geography make it natural have considerable breadth and a long history in to have a somewhat broader professional profile in Svalbard. The Institute’s experience and expertise Longyearbyen than in Ny-Ålesund. For example, are of great value for other participants – whether atmospheric research, the utilisation of earth sur­ it be the authorities or individual researchers. The vey data, Arctic technology aimed at geotechnical Polar Institute’s overall knowledge base should be engineering, structure on permafrost, and ice- the foundation for the Institute’s advisory function. cover ought to be given priority in Longyearbyen, The Norwegian Polar Institute should continue to together with Arctic basic research in the natural be visible in Svalbard, e.g. in order to be able to sciences with its basis in programmes of study at make a positive contribution to the management of UNIS and the opportunities offered by satellite sta­ the environment in the archipelago. tions. Research in Ny-Ålesund should consistently The Norwegian Institute of Marine Research is utilise Ny-Ålesund’s distinctive characteristics as the leading institution for marine research in the an unspoiled laboratory for research in the natural Barents Sea. The Institute monitors the trends in sciences on marine, terrestrial and atmospheric climate, pollution and the marine ecosystem and issues. Work is being done on a common research has many long time series. The Norwegian Insti­ plan for Ny-Ålesund and its adjacent area (cur­ tute of Marine Research should continue to be the rently called the Kongsfjorden International leading marine institution in the Barents Sea and Research Base – KIRB), which shall include both will be an important element in the Government’s Norwegian and foreign participants and where High North strategy. There is a cooperative agree­ Norway, acting through the Svalbard Science ment between the Norwegian Institute of Marine Forum, is intended to be responsible for coordina­ Research and the Norwegian Polar Institute, tion and implementation; cf. section 8.5.5. whereby the Norwegian Institute of Marine UNIS plays an important role in the part of the Research works primarily in open waters, whereas Government’s High North strategy that applies to the Norwegian Polar Institute’s activities take Svalbard in general and to Longyearbyen in partic­ place primarily on the drift ice and in the perma­ ular, where the institution has an increasing impact nent ice zone. on social development and visions for the future. The Centre also helps enable Longyearbyen to become a stable, year-round family community. 8.5 Special policy instruments and The Government ultimately supports the Centre’s measures ambitions of becoming a leading international cen­ tre for Arctic studies. In addition to the necessary The Government’s policy for further strengthen­ professional and budgeting considerations, how­ ing Svalbard as a centre of research and education ever, the Centre must balance its plans for expan­ is for the most part formed in dialogue with inter­ sion against the environmental concerns and national partners. A number of special policy against the local community’s capacity to handle instruments and measures aim to make Norway a that growth. stronger player in the global development of Given the vulnerable Arctic natural environ­ knowledge on Svalbard. They include new national ment and Svalbard’s geopolitical position, it is and international investments, the further develop­ important that UNIS strive for optimal utilisation of ment of the administrative machinery for coordi­ established infrastructure and encourage the shar­ nating activities and greater emphasis on promot­ ing of both material and immaterial resources. On ing Norwegian professional research expertise. this basis, UNIS should continue its efforts to 80 Report No. 22 to the Storting 2008– 2009 Svalbard

tion and Research have supported the work in the 8.5.1 Further development of Svalbard as an first phase. The preparatory phase with funding international research platform – SIOS from the framework programme usually lasts for In a few years, Svalbard may become the actual 2–4 years. node of European Arctic research with special SIOS consists of two main elements. One ele­ emphasis on climate-related observation systems. ment involves further developing and complement­ The European Strategy Forum on Research Infra­ ing existing observation systems in Svalbard and structure (ESFRI) has now included a proposal for in the area around the archipelago and organising a project for the development and coordination of these into a comprehensive infrastructure that sup­ observation systems in Svalbard in its revised ports data gathering from land, sea, ice and atmos­ “road map” of new large-scale infrastructure of phere. The second main element will be the estab­ pan-European interest. ESFRI was established in lishment of a “knowledge centre” in Longyear­ 2002 as an advisory body for the European Com­ byen, which shall store and integrate data from mission and has representatives from both the EU relevant infrastructure. This will provide a basis for countries and associated countries such as Nor­ cooperation on research and monitoring, interdis­ way. There is tough competition to be included in ciplinary projects, education and the dissemination the “road map”, which includes the need for major of information, while contributing to regional and infrastructure within many scientific areas, rang­ global climate models. ing from astronomy and nanotechnology to the As a large international project led by Norway social sciences. In other words, it may involve SIOS will contribute to the utilisation and further installations as fundamentally different as data­ development of the infrastructure in Svalbard. It bases and libraries, radar installations and monitor­ will be an important policy instrument in the Gov­ ing stations, telescopes, communications net­ ernment’s efforts to achieve the objectives of the works, observatories and research vessels. High North strategy, the management of Svalbard It is of great importance that the projects repre­ and the national research policy. The positive reac­ sent several important institutions and that they tions that the project has encountered internation­ concern as many countries as possible. In 2006, 35 ally reflect the great interest in climate-related projects were included in ESFRI’s road map; Nor­ polar research in general. This research has also way has interests in 11 of them. In December 2008, played a key role during the Polar Year. This means the road map was updated for the first time. Two that the SIOS initiative will be a natural continua­ Norwegian-run project proposals were included tion of both Norwegian and international efforts in this time. In addition to the Svalbard project, a recent years. Among other things, it will be a node project for carbon capture and storage was in the planned SAON (Sustained Arctic Observing included. The Norwegian University of Science Network), a network within the framework of the and Technology and SINTEF have been in charge Arctic Council, which will follow up the Polar Year of the task of formulating this proposal. in the coming years and help follow up the EU’s The Svalbard project has the acronym SIOS Arctic strategy, in which research and monitoring (Svalbard Integrated Arctic Earth Observing Sys­ are key elements. tem). The application to be included on the road Administrative and legal matters related to the map was drawn up by UNIS, the Norwegian Polar permanent organisational model, operation and Institute, the Norwegian Space Centre, the Univer­ cooperation with international partners in Svalbard sity of Tromsø and the Research Council of Nor­ will be clarified in the Research Council’s pre- way. So far, the project is supported by several project in 2009. It will be natural to draw on experi­ prestigious institutions in seven different Euro­ ences gained from other ESFRI projects and on the pean countries beside Norway (Germany, France, work conducted under the direction of the Euro­ England, Finland, Poland, Russia and the Nether­ pean Commission to develop a legal framework for lands). In consultation with other affected minis­ common European infrastructure. However, it is tries, the Ministry of Education and Research has already reasonable at present to assume that SIOS given the Research Council the task of managing will be a separate international organisation with the pre-project phase. The Research Council is offices in the Research Centre in Longyearbyen. thereby given responsibility for an application for support for the so-called “preparatory phase” through the EU’s framework programme. A steer­ 8.5.2 Transfer of data ing committee has been appointed, and the Minis­ Ny-Ålesund is included in a global research net­ try of Foreign Affairs and the Ministry of Educa­ work consisting of 25 research stations with so­ 2008– 2009 Report No. 22 to the Storting 81 Svalbard called VLBI (Very Long Base-line Interferometry) from limiting the utilisation of the good infrastruc­ antennas. These are big radio telescopes that pro­ ture for research and education in Svalbard. vide very accurate data on the earth’s movement in Separate grants to cover special expenses in the solar system as well as data which may be used connection with Arctic research in the field have to monitor the earth’s rotation and the movements existed for a number of years, in a first phase under of the earth’s continental plates. This data facili­ the direction of the Norwegian Polar Institute. In tates scientific work of great importance in climate 2006, funds became available through the research, oceanography, astrophysics and geo­ Research Council of Norway. The arrangement is physics. Ny-Ålesund is an important part of the glo­ administered by the Svalbard Science Forum in bal VLBI network because of its location near the consultation with the Norwegian Polar Institute, North Pole. The station functions as a central point which allocated NOK 1.2 million and NOK 0.5 mil­ for all stations in the Northern Hemisphere. lion respectively to this measure. There is consid­ Ny-Ålesund is currently connected to the rest erable interest in the grants, and it is argued that of the world through a radio link to Longyearbyen. only about half of the best applicants have been However, this link has a limited capacity, and it may awarded grants. The Research Council of Norway therefore be relevant to evaluate possible solutions wants to substantially increase the funding for in order to increase the data capacity between Ny- these grants and amend the regulations for receiv­ Ålesund and Longyearbyen in the coming years. ing support so that it can also include foreign insti­ tutions, possibly in cooperation with Norwegian institutions. For 2009, a small lump sum grant has 8.5.3 Time series for monitoring and been added to the Research Council of Norway’s research – East Svalbard budget to help increase this type of activity. The The most untouched parts of Svalbard will be of Government thinks there are grounds for consid­ particular interest for research and monitoring in ering a more permanent increase in funding for the coming years, cf. the discussion of the eastern this arrangement, which in addition to Norwegian nature reserves in section 8.4.1. Since the area has applicants should include applicants from foreign been so little visited, there is no comprehensive institutions. It should also be possible for UNIS to basic study of long-term monitoring that will make apply for funds to cover extra expenses in connec­ it possible to survey changes in physical, chemical tion with field work in Ny-Ålesund. and biological conditions over time. The develop­ The grants help promote increased recruit­ ment of East Svalbard and the adjacent marine ment and national and international cooperation. It areas as an arena for high-tech environmental also gives Norway opportunities to manage the monitoring is a long-term task and must be based research activities by setting criteria for allocation on a well-developed plan. that require that synergies be created, overlapping be avoided, gaps in knowledge be filled and the infrastructure be utilised better year-round – i.e. in 8.5.4 Polar recruitment the winter half of the year as well. If Norwegian polar research is to maintain its The education at UNIS is part of the curricula standing and be further developed in key areas, it at the mainland universities, and UNIS has the spe­ is necessary to make an effort to recruit younger cial task of training researchers in Arctic condi­ researchers and to train more technical personnel. tions. The mainland institutions must exploit the This need applies to the situation in the natural sci­ advantage inherent in UNIS to the greatest extent ences in general and is intensified by the fact that possible in the recruitment to Norwegian polar both universities and research institutes are facing research. Schemes that can forge links between a period with retirement from top positions in polar academic and student communities at UNIS and research. In addition, there are often substantial communities affiliated with foreign research sta­ costs for travel and logistics in the relevant fields. tions in Svalbard should be assessed. The Government wants to enhance the recruit­ ment to research, especially in mathematics, the natural sciences and the technical fields. The Gov­ 8.5.5 Bilateral and multilateral cooperation ernment also expects that the increased interna­ As mentioned, international research activities and tional activities in the polar areas and the opportu­ international investment in research and research nities this creates for professional contacts may infrastructure in Svalbard have increased consid­ help encourage recruitment. It will be important to erably in recent years. By participating in interna­ prevent the costs for travel, lodging and logistics tional research collaboration in Svalbard, Norway 82 Report No. 22 to the Storting 2008– 2009 Svalbard can ensure quality and renewal in its own Svalbard- relevant research, bring back new knowledge from 8.5.7 Coordinating the diversity the scientific forefront and share the risk and costs With increased activity, the need to improve both of investment in infrastructure etc. practical and professional coordination has In accordance with a Norwegian-Russian become more pressing. When it comes to practical agreement, funds have been earmarked for and logistical matters, the Office of the Auditor research collaboration between Norwegian and General in its performance audit of Svalbard has Russian research institutions in Svalbard. These called for a better overview of research in general funds, which amount to NOK 3 million per year, are and of traffic associated with these activities and allocated to Norwegian institutions that collabo­ has emphasised the importance of practical coordi­ rate with Russian researchers in Svalbard. The nation in order to spare the environment to the funds are of great importance for the collaboration greatest extent possible. The database system between the two countries. The Government will Research in Svalbard (RiS) involves several assess whether similar arrangements can be estab­ advances in this field; cf. the discussion in section lished with other countries. It will be advantageous 8.3.3. if the funds can be used by a number of countries Pursuant to the Svalbard Environmental Pro­ simultaneously. tection Act, the Governor must grant a permit to traffic and various types of field research. Through active use of the RiS database and in cooperation 8.5.6 Earmarked for Svalbard with SSF and the Norwegian Polar Institute, the Norway’s role during the Polar Year includes con­ Governor should continue to perform the tasks siderable financial support over a number of years that are delegated to his/her office at present, still and is a good example of what we can achieve. The using the criteria that are now used in the process­ Government will strive to preserve and further ing of research applications. develop the legacy of the Polar Year after the pro­ The Governor has only a limited possibility of gramme period has ended. The experiences making professional assessments of research gained from some minor efforts aimed directly at applications. So far, the Norwegian Polar Institute Svalbard, e.g. through Arctic grants and strategic has been a highly valuable advisor when profes­ funds for international cooperation, have also been sional judgment must be exercised and competing positive. interests weighed. Increased activity, especially in In general, the earmarking of funds for activi­ the vulnerable protected areas, will probably result ties in and around Svalbard makes an important in a need to strengthen the professional assess­ contribution to the utilisation of the capacity ment of the applications. offered by the island community. Programmes ini­ The Government thinks that it must be possi­ tiated by Norway, in which international partici­ ble to meet these needs by further developing the pants can be invited to take part with their funds institutions that already exist in Svalbard and that and their projects, are among the possible new these must be made capable of meeting future measures. So far, this type of co-financed effort is challenges. The most natural course of action will on the drawing board under the name of “flagship be to consider the practical coordination of the programmes” and has been discussed, among research in connection with a general strengthen­ other things, as a possible policy instrument in the ing of the Research Council of Norway’s presence development of Ny-Ålesund as a research centre. through the Svalbard Science Forum. SSF already When there is agreement among different actors administers the RiS portal, which, among other on this topic and other professional matters, the things, will include information on the location of Research Council, acting on Norway’s behalf, may the research activities and various forms of rele­ evaluate the proposals and possibly earmark funds vant traffic in the archipelago at any given time. for one or more programmes. Cooperation should This involves maintaining important aspects of the be established with at least one country – prefera­ current division of responsibility, but raising the bly several – that will also make financial contribu­ visibility of SSF’s role in support of the Governor’s tions. efforts. In virtue of its professional expertise and A separate “Svalbard programme” – or several separate responsibility for research logistics, the such programmes – of this kind should not prevent Norwegian Polar Institute must continue to be an research institutions and the like from also apply­ important partner. ing for funds for Svalbard-related research through The Research Council of Norway has been other relevant programmes. given more and more responsibility for funding 2008– 2009 Report No. 22 to the Storting 83 Svalbard

Svalbard-related research, most recently through creates consensual professional and strategic Norwegian efforts during the Polar Year, but this research goals. SSF already plays a role in the has not been reflected in a significantly greater efforts to develop a common research plan for the presence and conspicuousness in Svalbard. This players in Ny-Ålesund. An expanded secretariat limits the Research Council of Norway’s opportu­ may provide a professional management that is nities to contribute to an effective professional needed in order to help define the professional pro­ research coordination, which Norwegian authori­ file and gradually follow it up. This will also pro­ ties think there is a need for. The Government mote close ties with a number of the Research thinks that the Research Council of Norway must Council of Norway’s Svalbard-related programmes attend to this coordination in a more active way. and other policy instruments, which may contrib­ The Government does not find it necessary to ute to an essential coordination of the research establish new bodies to fulfil this function; cf. the activities in and around Ny-Ålesund. discussion of a strategic diversity in section 8.3.3. The research and educational institutions in The easiest and most natural course of action will Svalbard and their tasks have evolved over a period be to further develop SSF’s administrative organi­ of time and have contributed to a gradual develop­ sation. This may contribute to better research man­ ment toward a more knowledge-based island com­ agement, increased cooperation, planning and munity. On the basis of their premises, the various comprehensive prioritising of the research in Sval­ institutions make important contributions to the bard. dialogue and interaction with each other and with The National Committee for Polar Research foreign players of importance for Svalbard and the acting on behalf of the Research Council of Nor­ surrounding area. At the same time, the need for way should undertake a further evaluation of pro­ improved coordination of Norwegian efforts has fessional tasks that could be delegated to a revital­ become clearer, primarily as a result of the ised SSF. For example, it will be important to increased foreign involvement. The Government is involve SSF and make its contributions more in favour of strengthening the Research Council of apparent in connection with the international coop­ Norway’s position in the Arctic, which also eration. SSF should also play a more active role in assumes a continued close cooperation with other the further development of Ny-Ålesund as a players. Thus, it entails a moderate change, which research arena. One of the goals for Norwegian aims to combine the advantages of Norway having authorities is for Ny-Ålesund to emerge as a a Research Council with the expertise possessed research arena where cooperation among nations by other important institutions. 84 Report No. 22 to the Storting 2008– 2009 Svalbard

9 Industrial, mining and commercial activity

to a stable, year-round Norwegian industrial activ­ 9.1 Coal mining – Store Norske ity and settlement in Longyearbyen. Spitsbergen Kulkompani AS In 1997, SNSK launched a study of the possibil­ ities of continuing the coal mining in Svea Nord, a 9.1.1 Company history large coal field about 5 km North of Svea. The Store Norske Spitsbergen Kulkompani AS (abbre­ deposits in Svea Vest, which had been mined since viated to Store Norske or SNSK) was founded in 1997, were played out, and the mine was closed 1916 and mines coal in Svalbard. In 1973, the Nor­ down in October 2000. The remaining reserves in wegian state acquired a third of the shares in the Mine 7 were small. If there were to be any long- company, and since 1976, the state has owned a term continuation of coal mining, it would have to 99.94 per cent stake. The Ministry of Trade and be in Svea Nord. The only alternative was a control­ Industry manages the state’s holding in SNSK. led liquidation of SNSK. Future operations at Svea At present, the mining operations are mainly Nord would be dependent on the employees com­ located in the Svea Nord mine at Svea, a mining muting between Longyearbyen and Svea. In the community at the head of the Van Mijenfjord. In revised National Budget for 1999, SNSK was allo­ addition, SNSK operates the smaller Mine 7 near cated NOK 27 million to initiate the work on an Longyearbyen. exploration drift in Svea Nord, cf. Proposition No. Up to 1989, coal mining was the dominant 67 (1998–99) to the Storting on new priorities and industry in Longyearbyen, and the SNSK group supplementary allocations in the 1999 National was responsible for operating the infrastructure Budget. and providing many of the services there. In Report No. 50 (1990–91) to the Storting on indus­ trial measures for Svalbard, the Government advo­ 9.1.2 Developments in the company since cated a policy of trying to increase the diversifica­ the previous Report to the Storting on tion of profitable economic activities. Through a Svalbard reorganisation of SNSK in 1989, the activities In the autumn of 2001, SNSK commenced produc­ related to community services (housing, roads, tion in Svea Nord. Previous studies and pilot oper­ energy supply, etc.) and tourist activity were spun ations indicated that the Svea Nord field had off in wholly-owned subsidiaries, Svalbard Sam­ resources that could provide the basis for 20–30 funnsdrift AS (SSD) and Spitsbergen Travel AS. An years of operation. In the consideration of Proposi­ economic development company was also estab­ tion No. 2 (2001–2002) to the Storting on Store lished. In 1993, the state purchased all the shares Norske Spitsbergen Kulkompani AS and the Svea in Svalbard Samfunnsdrift from Store Norske. Nord project, cf. Recommendation No. 67 (2001– Thereafter, SNSK was supposed to concentrate on 2002) to the Storting and the Storting’s resolution coal mining and related activities and not perform of 19 December 2001, it was established that the activities that could better be handled by others. mining operations should be commercially viable For many years, SNSK’s coal mining operations and independent of state support. Furthermore, at Longyearbyen operated at a loss and were main­ approval was granted to spin off the mining opera­ tained with subsidies from the national budget. tions in Svea at year-end 2001 into a wholly-owned The reasons for the state’s involvement in the com­ subsidiary of SNSK, which was given the name pany and the financial support it provided were Store Norske Spitsbergen Grubekompani AS mainly national considerations. The coal mining (SNSG). At the same time, the Storting approved operations were regarded as an important policy an allocation of NOK 50 million in new share capi­ instrument for ensuring Norwegian activity and tal to SNSK. It was assumed that these funds would settlement in Svalbard. The jobs related to the coal be used as equity in SNSG. mining operations made substantial contributions In recent years, SNSK has been confronted with major challenges in the Svea Nord mine: 2008– 2009 Report No. 22 to the Storting 85 Svalbard water penetration, fire and other disruptions of In addition, SNSG has conducted surveys in operations. In 2003, a miner died after being struck Finnmark County and on the island of Senja. The by a falling rock, and in July 2005, a miner died as results of these surveys caused SNSK to approve a a result of oxygen depletion after a gas accident. new objects clause for the company at the ordinary On 30 July 2005, a fire broke out in the main shaft general meeting in June 2007. Article 1 of the Arti­ in the Svea Nord mine. The fire caused extensive cles of Association was given an addition that reads damage to mining facilities and equipment, and the as follows: operations in Svea Nord did not commence again “The company can utilise its skills in environ­ until 1 April 2006 after an eight-month shutdown. ment-friendly resource exploitation in Svalbard In the period before the conclusion of the insur­ and in Finnmark and Troms counties.” ance settlement, the need arose to give the com­ pany a capital infusion. This was done in the form of a subordinated loan of NOK 250 million from the 9.1.3 Coal mining at present state. This loan was supposed to be repaid when In Report No. 13 (2006–2007) to the Storting, An the insurance settlement was concluded. The com­ Active and Long-term State Ownership (the State pany redeemed the subordinated loan in Septem­ Ownership Report), Store Norske Spitsbergen ber 2008. Kulkompani AS is classified in objective category In 2007, Store Norske Boliger AS was spun off no. 3. That entails that the state in its capacity as from SNSG and organised as a wholly owned sub­ owner shall manage the company so as to enable it sidiary under SNSK. The objective was to protect to achieve commercial goals and other specifically the residential properties in Longyearbyen from a defined goals. In the consideration of Recommen­ possible bankruptcy of SNSG. The Store Norske dation No. 167 (2006–2007) to the Storting, the group currently consists of a parent company, Storting endorsed these goals. In the State Owner­ Store Norske Spitsbergen Kulkompani AS, and the ship Report, it is stated that the object of the state’s wholly-owned subsidiaries, Store Norske Spitsber­ ownership of SNSK is: gen Grubekompani AS, Store Norske Gull AS and Store Norske Boliger AS. At year-end 2008, the “to help maintain and further develop the soci­ group had a total of 386 employees, of which 337 ety in Longyearbyen in a way that supports the overriding goals of Norwegian Svalbard policy. were employed in the mining company. The company shall be run according to com­ Store Norske is the largest private landowner 2 mercial principles with the aim of achieving a in Svalbard and owns 2006 km of land, including market rate of return on invested capital.” the land in Longyearbyen. The company has entered into a cooperative agreement with the As mentioned in the introduction to this chap­ Longyearbyen Community Council concerning ter, the mining operations in SNSG are mainly con­ management of the land, cf. section 4.3.6. centrated in the Svea Nord mine. About 95 per cent Store Norske is also the largest claim-holder in of the coal production is exported. In addition, Svalbard with 316 claims. After the introduction of Store Norske has a smaller mining operation in the Svalbard Environmental Protection Act in Mine 7 near Longyearbyen, where about 35 per 2002, large areas in the archipelago were pro­ cent of the coal is delivered to the local energy util­ tected. The areas that were protected were also ity. subject to claim, and altogether 98 of the group’s SNSK’s cost level is persistently high. To a cer­ claims were subject to restrictions due to protec­ tain extent, this is due to conditions that company tion. At the same time, a graduated claims fee was has to accept as given, such as the business’s loca­ introduced in the protected areas, and the protec­ tion, operating conditions, safety requirements, tion was defined as the basis for receiving dispen­ general wage pressure and other conditions. Nev­ sation from the obligation to work the claims. The ertheless, the cost trend has been worrisome in group has chosen to retain the claims that are recent years and is a challenge for the company. located in currently protected areas. Proposition No. 2 (2001–2002) to the Storting SNSK has mineral deposits in areas in Svalbard on Store Norske Spitsbergen Kulkompani AS and that are not protected, and the purpose of founding the Svea Nord project states that the surveys that Store Norske Gull AS in 2003 was to continue to were available at that time indicated resources in work these deposits. Store Norske Gull currently the Svea Nord field that provided the basis for 20– conducts the company’s mineral prospecting in 30 years of operations, given a production volume Svalbard. of between one and two million tonnes a year. For various reasons, the production volume has been 86 Report No. 22 to the Storting 2008– 2009 Svalbard considerably higher than that. In 2003, SNSG won complied with the Storting’s requirements in this approval to invest in a tunnel from Svea Nord to area in the period 2001–2005. The Office of the Braganzavågen, cf. Proposition No. 65 (2002– Auditor General submitted a report to the Storting 2003) to the Storting, Supplementary allocations on 14 October 2008, cf. Document No. 1 (2008– and new priorities in the national budget including 2009) The Office of the Auditor General’s report the national insurance in 2003. The proposition on the annual audit and control for the 2007 fiscal states that: year. Maintaining adequate safety in connection with “In order to ensure profitable operations, the mining operations is the most important task for mining company will have to have a higher annual production and sales volume than previ­ the company’s management and board of direc­ ously assumed. SNSG is now going in for a pro­ tors. It is the Northern Norway Labour Inspection duction volume of 2.5 million tonnes in the Authority that monitors the safety regulations for period 2003–2005 and then 2.0 million tonnes a the coal mines in Svalbard. However, the Ministry year after that. This entails that the remaining that owns the company conducts a special monitor­ lifetime of the deposit will be about 15 years.” ing of safety in connection with the mining opera­ After the fire in the mine in 2005 and the acci­ tions by regularly monitoring the work on social dent in 2006, Store Norske regarded it as impor­ responsibility in general and safety in particular. tant to regain confidence in the company and to The HSE conditions are a top priority topic in the exploit a good coal market to improve its liquidity Ministry’s contacts with the company’s manage­ by increasing production to 4 million tonnes in ment and will be brought up, for example, at the 2007. Production for 2008 came to 3.4 million regular quarterly meetings and at the company’s tonnes. According to SNSK’s operating plans with general meetings. In 2008, the company developed the current production volume of about three mil­ a comprehensive HSE system for internal control. lion tonnes per year, it is now estimated that the According to the company’s management, the sys­ coal deposits in Svea Nord will be played out in tem is being implemented according to plan. another 5–6 years. After the Svea Nord mine came into operation, Environment coal prices rose considerably up to the end of 2008, when prices fell. Higher coal prices gave the com­ On an equivalent basis with other activities in Sval­ pany the freedom to make investments and deter­ bard, coal mining must be conducted in accord­ mine volume and the number of employees. This ance with the ambitious environmental objectives has been crucial for a good utilisation of available and the environmental regulations that are in resources and the commercial success of the coal effect in the archipelago. The environmental con­ mining so far – despite the fire, accidents and other straints for industrial operations are discussed in interruptions in operations. greater detail in section 7.4.3. With regard to the goal of preserving the natural wilderness in Sval­ bard, it is especially important that the coal mining 9.1.4 Safety and environment not reduce the extent of wilderness areas or have a The Government stipulates that safety and envi­ negative impact on important conservation values. ronmental considerations must be given the high­ est priority in all assessments related to the mining 9.1.5 Store Norske’s plans for future coal operations. mining in Svalbard Resource base Safety SNSK is now making plans for future coal mining In December 2007, the Office of the Auditor Gen­ in other deposits to replace the current operations eral initiated a study of the management of the in the Svea Nord mine. Future coal mining in Sval­ state’s ownership interests in SNSK. One of the bard under the direction of SNSK will be submitted reasons for doing so was two fatal accidents in Svea to the Storting as a separate item of business when Nord in 2003 and 2005. In particular, the Office of the project has been fully studied. the Auditor General questioned whether the safety The company has made major investments in work had been carried out in accordance with the connection with the development of Svea Nord and Storting’s requirements and whether NHD had associated facilities for the transport and shipping sufficiently monitored whether the company had of coal. Major investments have also been made in the infrastructure of the Svea area. In the event of 2008– 2009 Report No. 22 to the Storting 87 Svalbard coal mining in other, smaller deposits, it is proba­ reserves in Svea Nord are estimated at 15 million bly a necessary condition for profitable operation tonnes. Thus, in the company’s estimation, there is and preservation of the environment that the infra­ currently a total of about 45 million tonnes of structure in Svea can continue to be used. Substan­ remaining surveyed coal reserves in the Svea area. tial new investment will be necessary for coal min­ ing even in the case where existing infrastructure can be used. Planned coal mining at Lunckefjell After the planned closing of the Svea Nord Based on geological surveys of the resources at mine in 2014, SNSK will assess possible further Lunckefjell, which is located northeast of the Svea operations in four new locations in the Svea area, Nord mine, it is estimated that the field will yield 9 where existing infrastructure can be used. These million tonnes of recoverable coal. This will pro­ are Lunckefjell (9), Svea Øst (4), the fringe zone of vide a basis for operation for somewhere between Svea Nord (6) and Ispallen (11), where the num­ four and eight years. If there should be mining bers in parentheses indicate the estimated size of operations at Lunckefjell, it will be necessary to the coal reserves in millions of tonnes. Remaining build a transport road between Svea Nord and

Figure 9.1 Map of claims and resources Source: SNSK 88 Report No. 22 to the Storting 2008– 2009 Svalbard

Lunckefjell across the Märthabreen Glacier, i.e. a stretch of about two kilometres. According to the The Government’s work on the Lunckefjell project company, the discharges of environmentally haz­ Essentially, the Lunckefjell project is an investment ardous substances will be modest, and it is planned decision for SNSK’s Board of Directors. However, that when the mining is terminated as many of the the project constitutes a substantial investment traces of the mine as possible will be removed. To that is associated with a relatively large financial this must be added the openings out of Svea Nord risk and will have a significant effect on the com­ and into Lunckefjell. The development will occur pany’s equity and dividend capacity, among other right up to the border of the national park in the things. These are key questions for the owners, Reindalen valley. Discharges of mine water can and thus it is natural that the project be submitted drain into the park. to the general meeting. Plans for new mining operations will require an In keeping with the administration of owner­ environmental impact assessment pursuant to Sec­ ship, it is clearly a necessary condition that SNSK’s tion 59 of the Svalbard Environmental Protection coal mining should be commercially profitable. Act. In June, the Governor of Svalbard in consulta­ The Ministry of Trade and Industry wants to eval­ tion with the Directorate of Mining established a uate the Lunckefjell project on the basis of its own research programme for the Lunckefjell project assessments of the company’s calculations and by that would focus on the topics of natural environ­ hiring an independent adviser. Final consideration ment, society and climate. In this research pro­ in the ministry also requires that the project be gramme, the question of runoff into the national issued a permit pursuant to the Svalbard Environ­ park will be an important one. It is also specified in mental Protection Act. According to the schedule, the research programme that an overview shall be this may occur in April 2010 or alternatively in the prepared of coal mining’s contributions to emis­ autumn of 2010. Before then, the environmental sions of greenhouse gases. Among other things, impact assessment and the company’s application this overview shall include emissions of green­ to the Governor will have been completed. In addi­ house gases from the combustion of mined and tion to commercial profitability, key evaluation cri­ sold coal. teria for the Government will include the project’s A zero alternative including the consequences effect on the settlement in Longyearbyen and its associated with closing down the coal mining oper­ environmental impacts. Future coal mining must ations shall also be studied. SNSK plans to submit also be carried out in a way that conforms to the the environmental impact assessment and applica­ ambitious environmental objectives in Svalbard. tion to the Governor in the autumn of 2009. Accord­ The Government further specifies that safety must ing to plan, the Governor shall circulate the envi­ be given the highest priority in all assessments ronmental impact assessment for comment in related to mining operations. Profitability must not October 2009 with a two-month deadline for inputs. come at the expense of safety or the environment. The environmental authorities’ resolution, includ­ ing any permits, is expected in the third quarter of 2010. In order to facilitate coal mining at Luncke­ Future coal mining and the Svalbard community fjell, a necessary investment on the order of NOK SNSK envisions that the resources in the Svea area 1 billion has been estimated. The company is cur­ can sustain coal mining until 2023. However, this rently assessing various production paths and time horizon assumes the opening of new mines in methods of operation. Among other things, the Lunckefjell and Ispallen, which is dependent in Lunckefjell project’s estimated profitability is sen­ turn on commercial profitability and the projects sitive to changes in expected start-up date, the being environmentally acceptable. price of coal, the exchange rate on the dollar and The company is currently evaluating produc­ the cost level, including the number of employees. tion paths for the remaining resources in Svea If the project goes ahead and a permit is issued, Nord and likewise in Lunckefjell in the event of any the main project will be prepared with a view to the operations there. If the production volume is start-up of operations in the actual deposits around reduced to 2 million tonnes per year, the resource the middle of 2013, with the transport of construc­ base can be further extended. According to the tion equipment and road building beginning in company, it ought to be possible to achieve this 2010. The start-up is thus planned to be coordi­ without substantially reducing profitability. The nated with the removal of the remaining coal pan­ company has expressed a manpower goal of 310 els in the Svea Nord mine. employees in 2010. This assumes that the downsiz­ ing will occur through natural wastage. As men­ 2008– 2009 Report No. 22 to the Storting 89 Svalbard tioned, the group had a total of 396 employees at suited to attracting more miners to settle in Long­ year-end 2007, 337 of which were employed in the yearbyen. Together with the company, the Minis­ mining company. To this can be added a consider­ try of Trade and Industry will review the experi­ able number of externally hired crews. ences from the trial scheme and evaluate on this The commercial and social analysis for Sval­ basis whether it may be relevant to discuss contin­ bard for 2007 shows that SNSK makes a good con­ uing such arrangements with the Board of Direc­ tribution to stability, year-round activity and family tors. community in Longyearbyen. Coal mining is by far the largest basic industry in Svalbard, and when derived activities are included, coal mining Coal mining as a policy instrument in the Svalbard accounts for 40 per cent of the total full-time equiv­ policy alents (FTEs) in Longyearbyen and Svea. One of the five main objectives of Svalbard policy is At the request of the Ministry of Justice and the the maintenance of Norwegian communities in the Police, the Norwegian Institute for Urban and archipelago. This objective has been met through Regional Research (NIBR) has analysed the rela­ the family community in Longyearbyen. At tionship between production and employment in present, more than 100 years after its foundation, SNSK and the social development in Longyear­ coal mining is still the most important mainstay for byen. Although most jobs related to coal mining this community. However, coal mining is based on are in Svea, and a large percentage of the employ­ a non-renewable resource. It is also vulnerable to ees in SNSK commute to the mainland, NIBR fluctuations in the price of coal, and recent history report 2008:22 makes it clear that a possible disap­ has shown that unforeseen events may have major pearance of coal mining will have major ripple consequences for this activity. effects in the local community. According to the Coal mining has traditionally taken place in the NIBR report, these effects may be limited to some vicinity of established communities and through­ extent by encouraging alternative activities, such out history has also formed the basis for Longyear­ as research, education and ecotourism. byen and other communities in the archipelago. At The company’s working hour arrangements present, Norwegian coal mining is mainly based in are important for the community in Longyearbyen. the Svea area. There are also mining operations in Through the employee organisations, a proposal Longyearbyen. Based on the current situation, as was submitted a couple of years ago for an arrange­ mentioned above, there can be a basis for mining ment with 14 days on the job and 14 days off, and it in the Svea area up to 2023. This assumes that it is has been possible to institute this as a trial scheme. commercially viable to open new mines in the Svea SNSK’s Board of Directors decided in the spring of area, with Lunckefjellet the first development 2008 to continue this arrangement for an interim project after Svea Nord is played out, or alterna­ period lasting until January 2010. The arrange­ tively the fringe zone, Ispallen and Svea-Øst. It is ment gives the employees better opportunities to also a necessary condition that the projects sepa­ travel from Svalbard to the mainland and was ini­ rately and aggregately are acceptable on the basis tially a trial scheme for one year. One reason for of environmental considerations and the goal of the introduction of this trial scheme was the lack of preserving the natural wilderness in Svalbard the family dwellings in Longyearbyen and of jobs for way this has been regulated through the Svalbard spouses or cohabitants. Environmental Protection Act. Studies show that about half of SNSK’s employ­ Continued coal mining is essential for maintain­ ees currently commute to the mainland on their ing Longyearbyen as a family community. It is the time off. Increased commuting may make Long­ Government’s view that coal mining should con­ yearbyen seem more like a commuter society as tinue within the strict constraints set by environ­ opposed to the family community that has evolved mental legislation and commercial profitability and over a period of time. This can lead to problems in a manner that supports the objective of Store with keeping the school and day care institutions Norske Spitsbergen Kulkompani to help support a open and will weaken some of the basis for a robust robust community in Longyearbyen. Existing local community. Store Norske has now gone in for infrastructure for coal mining operations should be devising arrangements for working hours and used where possible. At the same time, it is impor­ dwellings so that there will be less commuting and tant to support existing and new, diversified activi­ the company’s residential properties will be more ties in Longyearbyen. This is especially true of the fully utilised. The company is also signalling its activity at UNIS, a further development of Svalbard intention to develop a new recruitment policy, as a platform for research and education and fur­ 90 Report No. 22 to the Storting 2008– 2009 Svalbard ther development of tourism and space-related ing Code, a claim holder is obligated to commence activities. Developments in the various areas must mining operations within the claim. However, this be considered in context and assessed in view of obligation to work the claim is not absolute, and the overriding objectives of Svalbard policy, includ­ dispensation can be applied for on terms that are ing the ambitious environmental goals for the further specified. The Commissioner of Mines archipelago. makes his/her recommendation on the matter to the Ministry of Trade and Industry, which can issue dispensation from the requirement concern­ The Mining Code for Svalbard ing the obligation to work the claim. If the claim The right to apply for, acquire and exploit natural holder does not fulfil the obligations pursuant to deposits is regulated by the Mining Code for Sval­ Section 15 or dispensation is not granted, the bard, laid down by the Royal Decree of 7 August claims will lapse. Others can then apply for a claim 1925. The Mining Code is based on two principles: in the area. This means that if SNSK on the basis of equal access to conduct exploration and mining various assessments decides upon permanently operations on the basis of the principle of non-dis­ closing down the mining operations in Svalbard, crimination and first finder’s right to be issued a so- the claims will lapse in time and may be exploited called claim (area where the right to mining opera­ by others. However, the restrictions on the possi­ tions is granted). As previously mentioned, SNSK bility of carrying out infrastructure development currently has 316 claims in Svalbard, which cover that has an impact on the natural wilderness and a total area of about 3,000 km2. In 2007, there were the protected areas in Svalbard will be the same for a total of 382 claims, and the Russian company other players as they are for Store Norske. These Trust Arktikugol is the second largest claim holder restrictions are discussed in greater detail in sec­ with 50 claims. Pursuant to Section 15 of the Min­ tion 7.4.3.

Figure 9.2 Woodfjord. A chance encounter with polar bears. Photo: Bjørn Frantzen 2008– 2009 Report No. 22 to the Storting 91 Svalbard

9.2 Tourism fied family community, it is important that more year-round jobs be developed. In Report No. 50 (1990–1991) to the Storting on At the same time as the Government arranges industrial measures for Svalbard, the Government for a further development of tourism in Svalbard, it wanted to facilitate the development of tourism as is an overriding objective that Svalbard shall be a basic commercial activity in Svalbard. It was one of the world’s best managed wilderness areas established that the development should occur and the best preserved High Arctic tourist destina­ within the constraints set by considerations with tion in the world. The ambitious environmental regard to the vulnerable natural environment. objectives and environmental legislation for Sval­ Since the early 1990s, there has been a rapid bard will continue to provide the framework for the growth in tourism in Svalbard. The number of reg­ development of tourism. istered commercial guest nights at hotels or guest The growth in tourism in Svalbard, in terms of houses has risen from barely 20,000 in 1991 to over visitors, employment and the number of compa­ 86,000 guest nights in 2007. nies has been considerable in the past decade. The The support of tourism was followed up in growth has occurred in waves. The growth in the Report No. 9 (1999–2000) to the Storting, Sval­ period 1999–2001 was especially rapid, before it bard, where it was established that tourism had levelled off in the period 2001–2005. The last few become an important basis for settlement and eco­ years have seen another increase in the number of nomic activity in the archipelago and especially in guest nights (cf. table 9.1)1. Longyearbyen. At the same time, it was also shown In 2007, the tourism industry directly that increased traffic and visits to certain locations employed 211 persons and contributed to 83 FTEs had resulted in increased wear on vegetation, soil in derived activities. The industry had a turnover of and cultural monuments in addition to greater about NOK 317 million (cf. tables 9.2 and 9.3) and noise and disturbance of fauna. generated a turnover in local purchases amounting Together with coal mining and R&D activities, to about NOK 88 million. Since 2003, the growth in tourism is currently one of the basic industries in the number of FTEs and in turnover has been sig­ the archipelago. The Government thinks that a fur­ nificant, even though the number of available beds ther development of tourism in Svalbard is impor­ in Longyearbyen has remained about the same. tant. This may contribute to a more diversified eco­ nomic structure in Longyearbyen and may provide 1 Figures in table 9.1 for the number of guest nights and the a basis for increased economic growth. Together occupancy rate in 2008 have been adjusted in the English with other industries and activities, tourism will translation of this Report, due to new statistical information contribute to a robust settlement and less depend­ received from Svalbard Reiseliv AS after the submission of the Report to the Storting. The text in the preceding section ence on coal mining. In order for tourism to make has been adjusted accordingly. The Storting has been infor­ further contributions to a more robust and diversi­ med of these changes.

Table 9.1 Number of guest nights, beds and occupancy rate in Longyearbyen, 1999–2008 Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 No. of guest nights 61,277 76,154 74,433 71,049 77,926 76,570 83,049 86,097 88,951 No. of beds 620 630 642 709 720 715 722 711 773 Occupancy rate 36.5 42.6 38.1 36.0 39.2 38.8 43.7 45.6 44,8

Source: Svalbard Reiseliv AS – Annual Report 2008

Table 9.2 Number of FTEs directly employed in the basic industries in Longyearbyen, 2003–2007 No. of FTEs directly employed 2003 2004 2005 2006 2007 Tourism 165 182 172 189 211 Mining 247 286 338 384 484 Research 85 83 97 104 111

Source: NIBR – Social and commercial analysis for Svalbard, 2008 92 Report No. 22 to the Storting 2008– 2009 Svalbard

A sizeable programme of activities and other increased influx of foreign tourists in the coming experiences has been developed in Longyearbyen years. The efforts to evaluate whether areas in in the last twenty years. Taking into consideration Svalbard should be nominated for the list of the the size of its urban population, Longyearbyen can world’s natural and cultural heritage are discussed currently offer a highly diverse tourist product. in section 7.4.5. Possible status as a World Heritage Much of this involves activities in connection with site may result in increased interest in Svalbard as the natural environment, such as guided hikes in a tourist destination. the vicinity of the town, kayak trips, ice caving beneath glaciers or snowmobile and dog-sled safa­ ris. Guest surveys indicate that it is precisely these 9.2.1 Operators activities that most tourists want to experience. The tourism industry in Svalbard consists of a Out of consideration for the environment and the number of large and small companies that offer tourists’ safety, the Government thinks that the various products for both summer and winter tour­ tourist product must be developed within strict ism. Most of the companies are locally based and safety and environmental constraints. Cruise tour­ have their entire activity based in Svalbard, but for­ ism constitutes an important part of the tourism in eign operators also offer tourist products in the Svalbard. Cruise tourism can be divided into two archipelago, e.g. expedition cruise companies. main segments: overseas cruise tourism, where The Svalbard Tourist Board was established in the boats come from far away, and expedition 1996 as a cooperative body for companies involved cruise tourism, where Longyearbyen is the start in tourism and tourism-related activities in the and endpoint of a cruise in the waters of the archi­ archipelago. The Svalbard Tourist Board was pelago. The tourists and the staff from overseas established in order to facilitate cooperation on cruise ships are more or less self-sufficient, but marketing, quality assurance, competence build­ contribute to the trade in goods in Longyearbyen ing, product development and environmental and Ny-Ålesund during disembarkations. The measures in the tourism industry. Info-Svalbard, expedition cruises are combined to a great extent which comes under Svalbard Næringsutvikling with accommodation in Longyearbyen before and AS, had the secretariat function for the Tourist after departure and thereby contribute to a some­ Board until 2001. Starting in 2001, Info-Svalbard what greater extent to local economic growth. changed its name to Svalbard Reiseliv AS and was Cruise tourism is aimed at affluent customers. acquired by the Svalbard Tourist Board. Svalbard Therefore, it is important to develop a good pro­ Reiseliv AS currently has three permanent employ­ gramme that persuades the cruise passengers to ees and is supposed to function as the coordinating choose to make use of this commercial and cultural body for tourism in the archipelago. Svalbard offering. Reiseliv AS operates on the basis of action plans Svalbard has been devoted considerable inter­ approved by the Svalbard Tourist Board and is the national attention in recent years. The opening of secretariat for the Tourist Board. Its areas of the Svalbard Global Seed Vault in 2008 was cov­ responsibility include the general marketing of ered by a large international press corps. Further­ Svalbard as a destination through the production more, it is expected that marketing, such as the and distribution of information material and statis­ BBC documentary about Northern Norway and tics in addition to the operation of the tourist infor­ Svalbard in the autumn of 2008 and Lonely Planet’s mation office in Longyearbyen. listing of Svalbard as one of the ten destinations The Svalbard Tourist Board has prepared sepa­ that ought to be visited in 2009, will result in an rate internal guidelines for organised tours with snowmobiles and consults with local authorities in Svalbard on guidelines for other types of traffic. Table 9.3 Turnover (in NOK million) in the basic The members have obligated themselves to com­ industries in Longyearbyen, 2003–2007 ply with these guidelines. Turnover 2003 2004 2005 2006 2007 In the previous Report to the Storting on Sval­ (NOK million) bard, it was emphasised that the industry itself should be given greater responsibility for the Tourism 215 259 254 289 317 development of tourism in Svalbard through the Mining 940 1,311 1,142 1,235 2,008 current Svalbard Reiseliv AS, which was assumed Research 81 98 82 109 142 to be an important partner for the authorities in the Source: NIBR – Social and commercial analysis for Svalbard, development of tourism. This has been a good 2008 strategy, which the Government will continue. 2008– 2009 Report No. 22 to the Storting 93 Svalbard

The Svalbard Tourist Board cooperates well about the vulnerable environment in the Arctic. It with the authorities in Svalbard with regard to the is important that there be good contact between development of an environment-friendly tourist the tourism industry, the scientific community and product. The Government is in favour of continu­ the authorities. Mutual information and communi­ ing and further developing this cooperation. cation help ensure both compliance with the exist­ The Svalbard Tourist Board currently has 60 ing regulations and the development of a better member companies, all of which are located in Sval­ understanding of the importance of attending to bard. In 2006, Svalbard Reiseliv AS, the public space safety and environmental considerations. For a fur­ in the Svalbard Museum and the Governor’s Envi­ ther discussion of the cooperation between the ronmental Information Office were co-located in tourism industry and the Governor of Svalbard, cf. the newly constructed Svalbard Research Centre in section 6.3.1. Longyearbyen. It is important to the Government that the synergy effects made possible by this kind of co-location be utilised in a good way. 9.2.2 Education and competency Since 2001, Svalbard Reiseliv AS has received requirements for guides and tour an annual subsidy of NOK 2 million from the Min­ leaders istry of Trade and Industry. For 2009, this subsidy In various contexts, Norwegian authorities have has increased to NOK 2.1 million. In addition, the pointed out that quality and expertise in the tour­ member companies in the Svalbard Tourist Board ism industry in Svalbard are important factors contribute a user fee in connection with trade fairs, when it comes to considerations of both safety and seminars and a separate training programme for protection of the environment. guides that is organised by Svalbard Reiseliv AS on The guide training that is organised by Sval­ behalf of the Tourist Board. bard Reiseliv AS on behalf of the Tourist Board is a Another form of cooperation in the tourism good example of efforts to professionalise and industry is the organisation, Association of Arctic improve the quality of tourism in Svalbard. Cruise Operators (AECO). This is an amalgama­ Through practical courses and certification as so- tion of companies that operate expedition cruise called Svalbard guides, the training of guides vessels in the areas around Svalbard, Jan Mayen should ensure the quality and improve the safety of and Greenland. The secretariat of AECO is located the tour products that are offered in the archipel­ in Longyearbyen, while the member companies are ago. located in seven different countries, including Nor­ On 1 April 2007, an environmental charge of way. The members operate a total of just over 20 NOK 150 was introduced for all visitors to Sval­ vessels, everything from sailing vessels to cruise bard. The revenue from this charge goes to the ships with more than 300 passengers. AECO is an Svalbard Environmental Protection Fund. The interest group, but has also established its own fund should be used to launch projects that contrib­ internal guidelines for the member companies with ute to the preservation of Svalbard’s natural envi­ regard to safety and the environment when con­ ronment as a basis for experience, knowledge and ducting tour programmes. These guidelines have economic growth. For more details about the Sval­ been developed after contact with the national bard Environmental Protection Fund, cf. Box 7.1. authorities in the areas where the ships operate, With funding from the Svalbard Environmental and they have requirements that are stricter at Protection Fund, the Svalbard Tourist Board in col­ times than those that have been incorporated in laboration with UNIS and Finnmark University national legislation. The members have obligated College has drawn up a plan for a one-year univer­ themselves to comply with both the laws and regu­ sity college programme of study in Arctic nature lations that are in force in the areas where the ships guiding. operate and with AECO’s internal guidelines. In 2009, a total of NOK 1.25 million was allo­ The tourism industry plays an important role in cated from the Ministry of Trade and Industry and raising awareness of and informing visitors about the Ministry of Justice and the Police to launch this the environmental challenges in the Arctic. Tour­ programme of study in the autumn of 2009. The ism in Svalbard has shown considerable responsi­ students in the programme will gain competence in bility in limiting possible impacts on the environ­ tour planning, tour management and acting as ment and maintaining the safety of the visitors host. The programme of study shall lay the basis through the development of its tourist products for development of sustainable tourism and ensure and guidelines for traffic in Svalbard’s natural envi­ quality experiences that are adapted to the natural ronment and with regard to informing visitors environment, culture and geopolitical conditions in 94 Report No. 22 to the Storting 2008– 2009 Svalbard polar regions. This kind of programme of educa­ The Svalbard Environmental Protection Act tion in Arctic nature guiding may help improve the has the objective of maintaining a virtually quality of the tourist product of Svalbard in its untouched environment in Svalbard with regard to entirety, both by helping promote a safer and more both the natural environment and cultural monu­ justifiable traffic in the vulnerable Svalbard natural ments. Within this framework, the Act allows room environment and by quality assuring the informa­ for environmentally justifiable settlement, research tive aspects of the role as guide. and economic development. If there is insufficient As a follow-up of Report No. 9 (1999–2000) to knowledge about the environmental impacts of the Storting, Svalbard, provisions were introduced new measures, authority shall be exercised with during the revision of the tourist regulations in the aim of avoiding possible damaging effects on 2002 that give the Governor an opportunity to spec­ the environment – the so-called precautionary prin­ ify requirements concerning the documentation of ciple. It is also pointed out, however, that the legis­ sufficient and relevant knowledge of local condi­ lation should not prevent settlement, research and tions. However, it was also signalled in the Report economic development that are deemed to be envi­ that the possibility of introducing the right to ronmentally justifiable. For a more detailed discus­ require that tour operators use approved guides sion of the Svalbard Environmental Protection Act, would be considered, e.g. by requiring that they cf. Chap. 7 Environmental protection. had completed the guide and tour training that is In recent years, a number of amendments to now being provided by Svalbard Reiseliv AS on the regulations concerning protection and traffic behalf of the Svalbard Tourist Board. However, have been passed, which apply to large parts of the these provisions have not been introduced. In view archipelago. This trend will affect the cruise indus­ of the development of the tourist industry and the try in the archipelago, among others, and makes educational opportunities that are now offered, the requirements for continuous restructuring of the Government thinks that there is reason to conduct industry. The tourist industry has expressed a a renewed evaluation of this matter. desire for more predictability with regard to new restrictions and rules, so as to thereby have a bet­ ter basis for long-term planning – at the same time 9.2.3 Legal constraints as increasing traffic and new traffic patterns create The Regulations of 18 October 1991 relating to a need for regulation out of consideration for the tourism and other travel in Svalbard are one of the environment and safety. When amendments are most important constraints with regard to develop­ made in existing regulations, it is important that ing tourist products in Svalbard. They were last consideration be given to what the consequences amended by the Regulations of 18 June 2002. of the amendments will be for business and indus­ These regulations have provisions concerning try, including tourism. guarantees, insurance and liability with regard to The development of tourist products has tour programmes and other tourism activities, and mostly occurred through a cooperation between they apply to both tourist enterprises and individ­ the agents in the tourism industry and the authori­ ual travellers. They are intended to help protect the ties that administer key laws and regulations. It is natural and cultural environment and to ensure important to the Government that this cooperation that safety precautions are observed and that other continue and be further developed. It can provide a rules are complied with. The regulations impose basis for predictable operating constraints on tour­ an obligation on travel agents, tourist carriers and ism and the development of tourist products in an individual travellers to notify the authorities and environmentally justifiable framework. At the take out insurance prior to travel in certain areas in request of the Ministry of Justice and the Police, the archipelago. In addition, the regulations give the Governor has recently undertaken an evalua­ the Governor authority to alter or prohibit tour pro­ tion of the Tourist Regulations, and some amend­ grammes if that is deemed necessary. Other impor­ ments to these regulations have been proposed. tant regulations are the Regulations concerning The Ministry of Justice and the Police will evaluate harbours and fairways, the Camping Regulations the proposals, and in light of this possibly recom­ and the Regulations about motorised traffic. The mend necessary amendments to the regulations. latter lay down guidelines for snowmobile traffic and prohibit tourist sightseeing by aircraft, while the Camping Regulations regulate tent camping in 9.2.4 Challenges and objectives the archipelago. There is a potential for further growth in tourism in Svalbard, but seasonal fluctuations and the rela­ 2008– 2009 Report No. 22 to the Storting 95 Svalbard tively low occupancy rate are important challenges It is not desirable that tourist products be devel­ in that respect. The occupancy of lodging facilities oped that may result in environmental or safety is high in the high season, but in the low and shoul­ risks. Strict rules for traffic, combined with the der seasons there is a great unutilised potential. obligation to notify the authorities and take out The efforts to develop the course and conference insurance should reduce this risk. In the event of market have helped improve the occupancy for the increased traffic, there may be a greater impact on lodging facilities early and late in the seasons. natural areas and cultural monuments that are vul­ These seasonal fluctuations are a challenge with nerable, and that may lead to land-use conflicts regard to maintaining year-round jobs in Longyear­ both with research and with various types of tourist byen. Thus, it is important to make a purposeful products. The need for regulation of various types effort to develop a tourist product that provides a of traffic may also become greater. Maintaining the basis for year-round employment in Longyear­ balance between development of tourism and the byen. ambitious environmental objectives for Svalbard is As can be seen in figure 9.3, tourism in Long­ challenging. This issue is especially relevant with yearbyen is concentrated in two peaks: one in the regard to traffic related to expedition cruises in the period around the Easter vacation after the sun has big nature reserves in East Svalbard, where vari­ returned and the other in the summer months. In ous measures to regulate the traffic will be the period of polar night from October to Febru­ assessed. This matter and other challenges and ary, when the sun never rises above the horizon, measures related to traffic in Svalbard are further there are relatively few visitors. discussed in section 7.4.2. It is holiday and leisure travellers who spend Ecotourism is a tourism niche that is well the most money on tourism in Svalbard by paying suited to the constraints that are specified in the for a number of activities and experiences in addi­ Svalbard Environmental Protection Act and a natu­ tion to buying food and beverages. Business travel­ ral target area for the tourist industry in Svalbard. lers have a lower consumption. Therefore, it is The adventure and dog-sledding company, Sval­ important that the market for business travellers bard Villmarkssenter AS, is one of the companies be better exploited. Holiday and leisure travellers that is concentrating on this niche, and they have are regarded as the market where the potential for recently become a “Certified Norwegian Ecotour­ growth is greatest, especially if more foreign tour­ ism Business”. The symbol certification scheme ists visit Svalbard. Sixty-five per cent of the current “Norwegian Ecotourism” sets strict requirements tourists to the archipelago are Norwegian. for environmental and sustainable measures, good The tourist industry in Svalbard notes that hosting and a locally based involvement in the com­ changes in flight routes and restrictions on the munity. The typical ecotourist is distinguished by number of flights outside the high seasons make it being older, well-educated, affluent and interested difficult to do anything about the seasonal chal­ in wilderness and outdoor activities. Thus, the pro­ lenges. SAS’s schedule of flights is seasonally file of a typical ecotourist coincides with the typical adjusted, and SAS is currently the only airline that Svalbard tourist. It is important to the Government flies to Svalbard after Norwegian discontinued its that the tourist industry develop the tourist prod­ route in 2008 after two seasons of operation. uct in such a way that it does not damage the archi­ pelago’s foremost attraction, which is the undis­ turbed natural environment and the authentic wil­ 14000 derness experience. Most of the tourists visiting 12000 Svalbard have Longyearbyen as the point of depar­ 10000 ture for their visit, and it is desirable that the traffic

8000 be concentrated in the Longyearbyen area. It makes sense to facilitate a concentration of traffic 6000 in this area, while protecting other areas fully or 4000 partly from traffic. The further development of 2000 ecotourism and non-motorised tourism largely

0 depends on how arrangements are made for this Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec tourism and how land-use conflicts with regard to motorised traffic are handled. This is especially Figure 9.3 Number of guest nights per month in true in the areas around Longyearbyen, where a Longyearbyen, 2007 protection of areas that are attractive and provide Source: Svalbard Reiseliv AS – Annual Report 2007 sufficient space for development of non-motorised 96 Report No. 22 to the Storting 2008– 2009 Svalbard tourism is an important factor. The need to make the individual fields. The strategic plan is an impor­ better arrangements for the non-motorised tour­ tant tool for the Governor in the administrative ism is further described in section 7.4.2. processing of matters pertaining to tourism and In order to extend the season, innovative ideas outdoor recreation in Svalbard. and product development will be needed in the In the former Report to the Storting, Svalbard, industry. One example of these innovative ideas is attention was called to various policy instruments the polar nights initiative, which attempts to so as to be able to influence the development of increase the tourist traffic during the polar night, tourism in a direction that is justifiable with regard which has traditionally been the low season. They to the environment and safety. One measure that are attempting to do this by establishing a compre­ was emphasised was the possibility of introducing hensive marketing concept with the emphasis on requirements that tours be part of organised pro­ the aurora borealis and outdoor activities during grammes, e.g. snowmobile trips to the east coast or the polar night. This collaborative project has other remote locations on Spitsbergen. In connec­ broad support in the business community and tion with this, the Standing Committee on Foreign trade union movement in Longyearbyen, and the Affairs in the Norwegian Storting argued that it cooperative aspect of the project in particular is would generally be “useful if as much tourism as important in order to create good, comprehensive possible takes place in organised forms”, cf. Rec­ tourist products. ommendation No. 196 (1999–2000) to the Storting. Longyearbyen also has a potential for much Among other things, this was followed up in the better utilisation of the local cultural and natural Regulations about motorised traffic from 2002, environments. In this way, another dimension will which specify strict constraints on traffic with be added to the local community, both environ­ snowmobiles for visitors. This kind of traffic out­ mentally and as an experience, and Longyearbyen side of the central areas in Nordenskiöld Land is will be developed as an attractive tourist destina­ only permitted in a small area on the east coast and tion. In this context, the Environmental Protection then only when accompanied by residents or as Fund has already funded many good local develop­ part of an organised tour programme. ment projects. One good measure that is under Although some visitors to Svalbard travel on development is a nature and culture path. This is their own initiative, especially in the summer as supposed to consist of information points around hikers in the vicinity of Longyearbyen, most of the Longyearbyen that provide information about the tourism takes place now as part of organised activ­ location’s natural environment, culture and history ities. The administrative practices, information to visitors and residents alike who get around on measures and facilitation of organised pro­ foot or on a bicycle. Other local measures are grammes are factors conducive to this develop­ observation points for bird watching and arrange­ ment. This applies in particular to snowmobile ments to promote colonies of eider ducks and activities, where private rental of snowmobiles to other species. A collaboration between Longyear­ visitors has flattened out during the past decade, byen Community Council and Svalbard Reiseliv while the number of participants in organised tour has also resulted in a resolution that Svalbard shall programmes has doubled during the same period. become a so-called plastic-bag-free zone by year­ Although it can be argued that the objective has end 2009. It ought to be possible to realise other more or less been achieved, the Government will measures. also attach great importance in the coming years to In the previous Report to the Storting on Sval­ keeping as much tourism as possible as part of an bard, it was emphasised that the efforts to arrange organised programme. matters to facilitate tourism in Svalbard that is jus­ tifiable from both an environmental and a safety perspective would be continued. Since then, the 9.2.5 Assessments Governor has developed a separate strategic plan The Government thinks that it is important to have for tourism and outdoor recreation in Svalbard. a further development of the tourist industry as a This plan was completed in 2005 and gives a basis for as much economic growth in Svalbard as description of the development, the status and possible – e.g. as a basis for settlement in Long­ body of legislation, and other tools in this area. In yearbyen. This must occur in keeping with the addition, it provides a summary of political goals Government’s and the tourist industry’s overrid­ and guidelines, and the most important challenges ing objective of a sustainable ecotourism in Sval­ for the management of tourism and outdoor recre­ bard. This kind of further development will con­ ation are assessed. Strategies are then devised in tribute to a more diverse economic structure in 2008– 2009 Report No. 22 to the Storting 97 Svalbard

Longyearbyen. An extensive effort to extend the country has been established on the basis of their high seasons and create more year-round jobs will earlier fishing operations around Svalbard. Restric­ result in a more stable local community at the same tions have been introduced with respect to the time as it will help increase the economic growth in number of vessels that may be used for shrimp the tourist industry. trawling and the number of fishing days allowed in the territorial waters around Svalbard and in the Fisheries Protection Zone. 9.3 Fisheries The provisions governing fishing are the same for the territorial waters around Svalbard and in Commercial fishing takes place in the territorial the Fisheries Protection Zone. They include provi­ waters around Svalbard and in the Fisheries Pro­ sions on logbook recording, mesh size in fishing tection Zone beyond those waters. Fishing in the gear, the use of sorting grids, minimum sizes and territorial waters is far less extensive than fishing so on. in the Fisheries Protection Zone. The Norwegian Coast Guard and the Directo­ Many of the stocks around Svalbard migrate rate of Fisheries share the responsibility for the between Norwegian, foreign and international executive part of the control of resources in the marine areas. For migrating stocks, it is important areas under Norwegian fisheries jurisdiction. A to provide protection and management throughout significant share of the Coast Guard’s resources their entire area of distribution. Pursuant to Act are used in the Northern marine areas. The Coast No. 91 of 17 December 1976 relating to the Eco­ Guard is part of the Norwegian Armed Forces, and nomic Zone of Norway, a fisheries protection zone provisions concerning the Coast Guard’s mission of 200 nautical miles was established around Sval­ and exercising of authority are specified in the Act bard by the Royal Decree of 3 June 1977. Thus, the relating to the Coast Guard and the instructions to reason for establishing a non-discriminatory fish­ the Coast Guard. The Coast Guard’s exercising of eries protection zone was primarily to gain control control and enforcement measures in the territo­ of the fishing in the area in order to protect the rial waters around Svalbard shall be in accordance resources and prevent unregulated fishing. with directives specified by the Governor of Sval­ At present the fishing in this area is mainly for bard. cod, shrimp and Norwegian spring-spawning her­ It is essential that the living marine resources ring. Various forms of regulation have been estab­ are managed in such a way that it will be possible lished for the different fisheries, including quota to continue harvesting them in the future in our regulation of the cod and herring fisheries and marine areas, also including Svalbard, and that bio­ effort regulation of the shrimp fishery. Regulations logical diversity is maintained in the short and long concerning fishing in territorial waters around term. In this context, it is important to concentrate Svalbard are laid down pursuant to the Svalbard the fishing on mature fish and to restrict the Act, whereas regulations concerning fishing in the catches of small fish or bycatch of species subject Protection Zone are laid down pursuant to the Act to strict bycatch provisions due to the stock situa­ relating to the Economic Zone of Norway. Quotas tion. If the intermixture of fish under the minimum were first established in 1986 when Norway estab­ size or of other species is too high in the catch, the lished Regulations concerning the regulation of Director General of Fisheries will close the rele­ cod fishing in the Fisheries Protection Zone vant area. Many of the stocks around Svalbard are around Svalbard. The fishing effort permitted for migrating stocks. Thus it is important that the each country was established on the basis of their management, control and enforcement regulations earlier fishing activities in the area. As a result, protect the stocks equally well throughout their Norway, Russia, the EC and the Faroe Islands are entire area of distribution, including around Sval­ permitted to fish for cod in the Fisheries Protection bard. The control of fishing in the territorial waters Zone. and the Fisheries Protection Zone around Svalbard In July 1996, regulations of the shrimp fishery should be as good as in other areas under Norwe­ in the territorial waters around Svalbard and in the gian fisheries jurisdiction. International obliga­ Fisheries Protection Zone were laid down. The reg­ tions concerning resource management and con­ ulation of the shrimp fishery entails that vessels trol must also be implemented in the marine areas from Norway, Russia, Canada, the EC, Greenland, around Svalbard. It is in the interest of all fisheries the Faroe Islands and Iceland can take part in this nations that there be a genuine control of the out­ fishery. The fishing is effort-regulated, which take of fish in these areas and that illegal fishing be entails that the fishing effort permitted for each halted. 98 Report No. 22 to the Storting 2008– 2009 Svalbard

9.4 Space-related activities data and currently has 16 employees and an annual turnover exceeding NOK 100 million. Through Svalbard’s geographic location is ideal for space- efficient utilisation of SvalSat, Norway avails itself related activities, both for studying the atmosphere of its geographic advantage. This has made Nor­ and downloading satellite data. Svalbard plays a way a significant international player in the down­ key role in Norwegian space-related activities. One loading of satellite data, and SvalSat is a global of the Government’s objectives is to target space- leader in the downloading of polar meteorological related activities as part of Svalbard’s future eco­ satellites. Through the downloading in Svalbard nomic base. and at the Troll base in Antarctica, KSAT is the only company in the world that can offer downloading of information at both the North and South Poles. 9.4.1 General background SvalRak is a launching facility for research The space-related activities in Svalbard are under­ rockets in the vicinity of Ny-Ålesund. Since Sval­ going rapid development. Its northern location bard lies very close to the Magnetic North Pole, gives Svalbard a competitive advantage when it the rocket launching range is especially well-suited comes to the downloading of information from sat­ to studies of the aurora borealis and other special ellites in polar orbits. Svalbard is the only easily phenomena in the Arctic. In 2008, a new campaign accessible place for communication with satellites was initiated with the launching of scientific rock­ in all kinds of polar orbits. Thus, downloading of ets at SvalRak. In addition to Norwegian research­ satellite data from Svalbard helps make the opera­ ers, the main users of the facility are Japanese and tion of satellites in polar orbit more efficient. There American. There is also increased interest in the has therefore been a big demand for the services release of large stratospheric research balloons provided by the station in Longyearbyen. from Svalbard. Svalbard’s location is ideal for studying the Major international players, such as the Ameri­ atmosphere and phenomena associated with the can, European and Japanese aerospace organisa­ aurora borealis. Svalbard’s accessibility and north­ tions, in addition to many other major players in ern location, together with educational and space-related activities, make use of services and research teams etc. associated with the University infrastructure at SvalSat. The European Space Centre in Svalbard (UNIS), result in an active Agency (ESA) makes use of the installations at research community. Among other things, UNIS is Platåberget near Longyearbyen in both commer­ involved in research in Arctic geophysics and stud­ cial and research-related activities. ESA is a major ies of the aurora borealis. customer for downloading information from Platåberget. Svalbard is also utilised as a test area for monitoring sea-ice and glaciers by satellite. 9.4.2 Current activities There is also a possibility of a separate field centre The mainstays of the space-related activities in located at Longyearbyen in connection with space Svalbard are the downloading station, Svalbard weather monitoring under the direction of ESA. Satellite Station (SvalSat) and the Svalbard Sound­ Pursuant to the regulations on electronic commu­ ing Rocket Launch Facility (SvalRak). SvalSat nication, special permits are required for the estab­ downloads information from satellites in polar lishment and operation of earth stations for the orbits, and SvalRak provides launch services for downloading of satellites in Svalbard. scientific balloons and rockets. As part of the development and test phase, SvalSat is owned by Kongsberg Satellite Serv­ ground-based infrastructure has been placed in ices (KSAT). SvalRak is owned by Andøya Svalbard and at the Troll base in Antarctica among Rakettskytefelt (ARS). The Ministry of Trade and other places. According to plan, the stations shall Industry, acting on behalf of the Norwegian State, be included in the permanent infrastructure for owns 50 per cent of KSAT and 90 per cent of ARS. Galileo. Permanent ground-based stations will Through its subsidiary Norsk Romsenter Eiendom have value for Norway both as a part of the global AS, the Norwegian Space Centre has delegated the infrastructure and because their operation will authority to manage the state’s ownership interests allow access to important processes in the EU and in the companies and is represented on the boards in EU member states, both in normal operation and of directors of these companies. in crisis situations. The station in Svalbard is of par­ The Svalbard Satellite Station, which is located ticular interest with a view to ensuring adequate at Platåberget near Longyearbyen, is the northern­ performance from Galileo in the High North as most station in the world for downloading satellite well. 2008– 2009 Report No. 22 to the Storting 99 Svalbard

Major investments have been made in order to need for space-based services will continue to strengthen SvalSat’s position as a leading provider increase in areas such as civil protection, the envi­ of space-based services. In 2004, fibre optic cables ronment and climate. The fibre optic cables to Sval­ were introduced for the transmission of data from bard are an example of how the space-related infra­ Svalbard to the mainland. This gives the mainland structure benefits residents and researchers in real time access to data from the satellites as well. Svalbard through rapid, secure Internet access. The development was financed through an agree­ ment with the National Aeronautics and Space Administration (NASA) and the National Oceanic 9.5 Petroleum operations and Atmospheric Administration (NOAA) in the USA and is owned by Norsk Romsenter Eiendom The marine areas that surround Svalbard are not AS. open for exploration for petroleum. Drilling for petroleum has previously been conducted onshore, most recently in 1990 within what is now Norden­ 9.4.3 Further developments skiöld Land National Park without any commer­ There is reason to believe that the international cially viable discoveries being made. Permits for interest in the use of the space-related infrastruc­ exploratory drilling in the territorial waters of Sval­ ture in Svalbard will increase. Satellite data down­ bard have not previously been granted. Both in the loaded in Svalbard is increasingly used for moni­ vicinity of the island of Hopen and along the west toring sea-ice conditions, oil pollution and ship traf­ coast of Spitsbergen, claims have been granted on fic. This is critical information in order to avoid the basis of indications of petroleum deposits. A collisions and environmental crime at sea. claim is a preferential right to exploitation of the Efforts are being made to integrate the space- resources within a specifically defined area, but it related activities with other observation platforms. entails no automatic right to commence operations SIOS (Svalbard Integrated Arctic Earth Observing unless the claimholder is granted a permit pursu­ System) has the objective of utilising Svalbard’s ant to the Svalbard Environmental Protection Act unique conditions in order to establish an Arctic and other regulations that are in force in Svalbard. earth observing system in and around Svalbard. As with former governments, this Government This entails integration of studies of geophysical, does not consider issuing permits for petroleum chemical and biological processes from research operations in the territorial waters around Svalbard and monitoring platforms, including satellites. to be in accordance with the Svalbard Environmen­ With this system, Norway will also be able to tal Protection Act, cf. section 7.4.3. help study the solar system. NASA has recently The marine areas that surround Svalbard are discovered large glaciers beneath the surface of not open for exploration for petroleum. In the com­ Mars. Norwegian researcher’s interpretation of prehensive management plan for the Barents Sea satellite data and field measurements from glaciers (Report No. 8 (2005–2006) to the Storting), the in Svalbard may become important in the future for polar front, the sea-ice edge and the marine areas the understanding of glaciers and possible biologi­ around Svalbard (the territorial waters) are defined cal life on Mars and other planets. NASA and ESA as especially valuable and vulnerable areas. regularly use Svalbard for testing equipment that is In the areas around Svalbard, there is Norwe­ used in space journeys for the purpose of studying gian and international research activity. Parties the solar system. playing a significant role in these activities include Space-related activities give rise to high tech Russia, Germany, the USA and Sweden. These jobs in the northernmost counties of Norway and countries perform scientific studies where they in Svalbard. The increase in such activities in Sval­ must apply for a permit in each case in order to con­ bard will result in increased interest from both duct the studies. The nature of these studies is national and international scientific communities. essentially not petroleum-related, but more This will have effects on other activities in Sval­ inclined toward a general study of the earth’s crust bard, including local economic activity. and in particular the deeper parts of it. In these Space-based infrastructure makes useful, cost- studies, geophysical methods are employed that effective contributions to the population and the are different from the gathering of conventional economic activity in Svalbard. Good examples of seismic data. One of the objectives is to understand this are environmental monitoring and maritime the mechanism of tectonic lift for the whole Bar­ emergency response, which are especially impor­ ents Sea, and this has general relevance for the tant for the High North, including Svalbard. The storage of petroleum in the Svalbard area. 100 Report No. 22 to the Storting 2008– 2009 Svalbard

10 Longyearbyen and the other local communities

10.1 Longyearbyen expansion of health and social services would, moreover, have major economic consequences. Since the previous Report to the Storting on Sval­ The continuation of a non-cradle-to-grave commu­ bard, Longyearbyen has continued to evolve in the nity has therefore been adopted as an important direction of resembling a mainland municipality, premise for the low tax level in the archipelago. and has consolidated its position as a modern fam­ A wider variety of economic activities has been ily community, with a well-developed public infra­ facilitated in Longyearbyen since the beginning of structure and a generally good array of services. the 1990s. The effort has been a success and has However, the Government assumes that Longyear­ resulted in the emergence of tourism, retailing, byen will not become a “cradle-to-grave” commun­ education and research as complementary and ity, which the Storting also endorsed in its debate alternative industries to coal mining. The number of the Office of the Auditor General’s administra­ of businesses in Longyearbyen has increased in tive audit of Svalbard, cf. Recommendation No. 46 areas including retailing and service production, (2007–2008) to the Storting, Recommendation and many of these are aimed at visitors. Conse­ from the Standing Committee on Scrutiny and quently, the array of private services in Longyear­ Constitutional Affairs. This means, for example, byen is relatively ample, even compared with offer­ that public services in important fields such as ings in mainland communities of similar size. health and social affairs are non-existent or are lim­ The number of inhabitants has also risen in ited. For more details see Chapter 5 Legislation. step with the general increase in activities in Long­ The review of the tax system in Svalbard in 2007 yearbyen. However, in its deliberation of the previ­ concluded that a tax level approaching that of the ous Report to the Storting on Svalbard, the Stor­ mainland would probably trigger demands and ting found that a population of 1,200–1,400 was suf­ expectations of an expansion of services in Long­ ficient for maintaining a viable and stable family yearbyen. This could potentially put pressure on community. At the same time it was pointed out the objective that Longyearbyen is not to be a “cra­ that the number of inhabitants could vary some­ dle-to-grave” community, changing the nature of what in size depending on random changes in the the Longyearbyen community in the long term. An composition of the population. Throughout its his-

Figure 10.1 Change in population and full-time equivalents (FTEs) in Norwegian communities in the archipelago 1991–2007. Source: NIBR – Bjørnsen and Johansen (2008) 2008– 2009 Report No. 22 to the Storting 101 Svalbard tory, coal mining has been the mainstay of the and, not least, generation of power and heat. The Longyearbyen community. In connection with this mining company Store Norske is considering cut­ Report to the Storting, the Norwegian Institute for ting its annual production volume and in conjunc­ Urban and Regional Research (NIBR) reviewed tion with planned downsizing this could reduce the the importance of coal mining to Longyearbyen at level of activity in Longyearbyen somewhat. the request of the Ministry of Justice. NIBR con­ Another fact is that the structure of the popula­ cluded that coal mining still represents the most tion itself has changed. Foreign nationals now important mainstay in the community, and the make up approximately 15 per cent of the popula­ analysis shows that by discontinuing coal mining tion of Longyearbyen. This change is a reflection of 40 per cent of the FTEs in Longyearbyen and Svea the Svalbard Treaty’s provision of equal liberty of would be lost. access and entry in Svalbard for nationals of the According to the population register the popu­ contracting parties, which is currently enforced so lation of the Norwegian communities in the archi­ that in practice access to Svalbard is equal for pelago passed the 2,000 mark in 2006. As previ­ nationals of all countries. Consequently, the Immi­ ously described in the report, many of the employ­ gration Act does not apply to the archipelago. The ees of the mines and derived activities commute group of foreigners can be divided into three cate­ from Svalbard to the mainland during their time gories: foreigners from countries that are exempt off. However, they are for the most part registered from visa requirements for travel to mainland Nor­ as living in Longyearbyen and are thus counted in way, foreigners who have been granted a residence the population register. The actual number of resi­ permit on the Norwegian mainland before coming dents of the Norwegian communities in Svalbard is to Svalbard and foreigners who come directly to consequently somewhat lower than the figure of Svalbard without any connection to mainland Nor­ 2,055 shown in Figure 10.1. way. The foreign nationals represent a resource Population changes in Longyearbyen are and an important addition to the community in largely driven by the employment market, i.e. the Longyearbyen. At the same time it is also a chal­ number of jobs and inhabitants is closely linked. lenge for Norwegian authorities to inform these This is also illustrated in Figure 10.1 through the residents of their rights and obligations ensuing growth in the number of FTEs. It is still the case from their decision to live in the archipelago. For­ that people primarily travel to Svalbard in connec­ eign nationals in Svalbard who have no connection tion with employment. The growth of the popula­ to any municipality on the mainland do not have tion in the 2000s can therefore be attributed to a the same access as Norwegian citizens to the wel­ higher level of activity and associated demand for fare schemes of the mainland, see further details in labour. The authorities note that with the current Chapter 5 Legislation. population and level of activity in Longyearbyen, As shown in Table 10.1, Thai citizens make up the communities are nearing capacity with respect a significant share of the population. Otherwise to infrastructure. Growth of the population and most foreign nationals are from the Nordic coun­ activities could trigger a need for investment in day tries, Germany, Russia and other parts of Europe. care and school buildings, housing, water supplies Certain facts concerning foreigners in Longyear-

Table 10.1 Population of Longyearbyen by nationality. 31.12. 2002–2008 2002 2003 2004 2005 2006 2007 2008 Norway 1450 1507 1591 1607 1699 1708 1692 Thailand 49 48 52 66 64 67 88 Sweden 35 39 42 47 42 50 51 Denmark 14 23 26 26 22 22 28 Germany 1420 1626 24 30 23 Russia 12 13 20 34 34 37 27 Other Europe 40 58 56 60 60 73 78 Countries outside Europe 23 16 20 20 21 26 31 Total 1637 1724 1823 1886 1966 2013 2018

Source: Svalbard tax office 102 Report No. 22 to the Storting 2008– 2009 Svalbard

Figure 10.2 “Me on my scooter on our way to the cabin in the evening.” One of the three winners in the drawing competition “My Svalbard – why Svalbard is a good place to live” at Longyearbyen School. Drawn by: Fredrik Lund, 1st grade.

byen are covered in more detail later in the chap­ The reason for introducing local democracy in ter. Longyearbyen was, pursuant to Proposition No. 58 (2000–2001) to the Odelsting, the same as for municipal self-government on the mainland. By 10.1.1 Development of local democracy electing their own community council the resi­ As part of the development of local self-govern­ dents of Longyearbyen have an opportunity to ment the Longyearbyen Community Council has influence decisions and priorities concerning local been assigned important tasks. In 2002 the Com­ matters. This provides better adaptation of services munity Council took over ownership of Svalbard to local needs. Stronger local democracy stimu­ Samfunnsdrift (SSD), and from 2007 responsibility lates greater participation among the local popu­ for Longyearbyen School. One of the tasks of lation, which in turn can have a positive impact on Bydrift KF (formerly SSD) is the generation and the sense of community in local life. distribution of electric power and heat. By taking Introducing a new local democracy has been a over the school the Community Council considera­ special and important project followed up in two bly expanded its responsibilities in the form of pri­ evaluations. At the request of the Ministry of Jus­ mary school, upper secondary education, day care tice and the Community Council, NIBR carried out facilities for schoolchildren, extracurricular cul­ studies relating to the establishment of local self- tural activities and Norwegian lessons for foreign government and the election of 2007. The first language-speaking adults. Besides these tasks, the report from 2005 showed that half of the residents Community Council has important duties in line of Longyearbyen were opponents of local self-gov­ with municipalities on the mainland (cf. section ernment. The second study from 2007 showed that 6.3.2). a modest, positive change had taken place in atti­ 2008– 2009 Report No. 22 to the Storting 103 Svalbard tudes to local democracy. Voter turnout was recommendations to the municipal council as an around 40 per cent in both 2003 and 2007 and must important means of exerting influence and that be viewed in the context of major in- and out-migra­ there are no restrictions in the Local Government tion in the population, few political conflicts, and Act (or the Svalbard Act) indicating that this right general satisfaction with the public services that must be vested in the administration. These are are provided. also useful contributions with respect to the devel­ The Government does not see that there is any opment of local democracy in Longyearbyen. alternative to local self-government in Longyear­ byen in line with what applies to all other local com­ munities in Norway. Nonetheless, it is important to 10.1.2 Infrastructure be aware, as NIBR pointed out, that even though An expansion of the private and public sectors has attitudes to local democracy have become a bit taken place in parallel with the increase in activities more positive, scepticism to local self-government in Longyearbyen in the last decade. Another result is still quite prevalent. Another important point of this is that large areas have been built on and made by NIBR is that due to the need for a direct densification in existing spaces has increased. presence by government authorities in Svalbard, Both homes and commercial spaces have been the local democracy’s freedom of action is nar­ built, and overnight accommodation capacity has rower than for municipalities on the mainland. In been increased to meet the demand in this its investigation of the management of Svalbard area.The Longyearbyen Community Council is (Doc. No. 3:8 (2006–2007)), the Office of the Audi­ currently preparing a new land-use plan for Long­ tor General said the Community Council has a yearbyen. The plan will lay the framework for demanding role in the interface between national future urban development in Longyearbyen. and local politics. The importance of a formalised Spaces suitable for further development for hous­ dialogue between central and local authorities was ing and commercial purposes are limited in the pointed out in this context. land-use planning area. As the planning authority, The Longyearbyen Community Council has it is therefore a challenge for the Longyearbyen been and still is in the midst of an exciting period Community Council to use the spaces efficiently of rapid change. It is a young local democracy that and in a manner that provides freedom of action for has been in operation for only seven years, during further development. The Government believes which time two Community Council elections have that land-use planning and meeting current known been conducted. Experience indicates that local needs should take any future tasks and opportuni­ democracies are strengthened and acquire greater ties into account. legitimacy over time. A local democracy has intrin­ Completed in 2005, Svalbard Research Centre sic value while at the same time central authorities gathers all the academic communities in Longyear­ benefit greatly from being able to deal with a local byen. The Research Centre is a beautiful building administrative body in Longyearbyen. It is for pre­ and also houses Svalbard Museum, which was cisely that reason that the Government and the awarded the prestigious European Museum of the administration have emphasised close dialogue Year prize in 2008. with the Community Council. Svalbard Global Seed Vault, which will help The Government wants local democracy in ensure protection of the genetic diversity of the Longyearbyen to evolve and progress. While the world food plants for future generations, opened in state is responsible for facilitating and creating 2008 (see separate piece in Box 10.1). good operating parameters, it is primarily up to the To accommodate the increased air traffic, a Longyearbyen Community Council to ensure local new terminal building was opened in 2007 at Sval­ development and sound political content. In the bard Airport, Longyear. Furthermore, the increase recently submitted Report No. 33 (2007–2008) to in the population of Longyearbyen resulted in the Storting, Eit sterkt lokaldemokrati (A strong expansion of Longyearbyen School, and the expan­ local democracy), the Government pointed out sion and building of a new day care centre. In 2007 that local development is the responsibility of the the new Northern Lights Observatory (Kjell Hen­ municipalities. The municipalities have many riksen Observatory) was opened in Adventdalen. opportunities to involve residents in shaping pol­ In 2004 subsea fibre optic cables were laid icy, for example by using community hearings, between Svalbard and the mainland to enable the local referendums, beneficial use of ICT, emphasis Norwegian Space Centre to offer customers better of the ombudsman role of politicians etc. The and faster communication between the SvalSat sat­ democracy report also points out the right to make ellite station and the rest of the world. However, 104 Report No. 22 to the Storting 2008– 2009 Svalbard because its capacity is far greater than the current need for transmitting satellite data, Longyearbyen has one of the world’s most modern Internet solu­ tions and Norway’s fastest Internet connection. After the fibre optic cable was laid SvalSat has also expanded its activities through the establishment

Box 10.1 Svalbard Global Seed Vault

Figure 10.4 Longyearbyen Photo: Sander Solnes, the Governor of Svalbard

Figure 10.3 of many downloading antennas. For more details about SvalSat see Chapter 9 Commercial activities. The Svalbard Global Seed Vault was establis­ As described above the Government notes that hed by the Norwegian government in 2008, Longyearbyen is in the process of reaching its offering an additional safety net for preser­ capacity with respect to infrastructure. This may ving plant diversity, mostly of plants impor­ trigger investment needs including energy supply, tant for food and agriculture. In 2008, more housing, day care and student places and also pose than 320,000 different duplicates of seeds challenges to local authorities in Longyearbyen. were sent to Svalbard from 22 national and The state policy instruments for modifying such international gene banks from all over the changes have evolved over time, and there is rea­ world. The purpose of the gene banks is to son to believe that compared to before private play­ protect plant diversity and to prevent the loss ers and interests will increasingly be able to affect of genetic characteristics that may be used in the future development of the Longyearbyen com­ the future. To meet the challenges relating to munity, with respect to its size and array of serv­ the need for increased food production and ices. In this manner the development of Longyear­ climate change, it is important to have access byen will increasingly resemble the development to genetic diversity to be able to develop of local communities on the mainland. Neverthe­ plants capable of adapting to new growing less the Government believes that employing key conditions and new production require­ policy instruments such as laws and regulations, ments. The seed vault will have capacity to the local and central administration, appropriations accommodate 4.5 million different types of over the national budget and the exercise of state seeds and is built as three large caverns in the ownership will help to steer developments in a permafrost in a mountain near Svalbard Air­ direction compatible with the objectives of Norwe­ port. The seed vault is administered by Nor­ gian policy towards Svalbard. way via the Ministry of Agriculture and Food. NordGen, an institution under the Nordic Council of Ministers, is responsible for day-to­ 10.1.3 Energy supply day operations and the Global Crop Diversity With respect to the power situation in Longyear­ Trust in Rome is an important partner in the byen, a 2002 consultant report from KanEnergi operation of the seed vault. Since its opening estimated that the current coal-fired main power on 26 February 2008 the facility has become plant that produces energy and district heating has known throughout the world as the “Noah’s a limited lifetime estimated to last until about 2020. Ark of Seeds” and the “Doomsday Vault”. The At the same time the power plant is subject to Nor­ interest it has generated has served to spot­ wegian Pollution Control Authority (SFT) treat­ light the important global effort to preserve ment requirements. Bydrift KF has estimated the and ensure sustainable development of plant investment costs relating to such treatment at genetic resources, and to promote Svalbard approximately NOK 60–80 million. With the as an internationally interesting research increase in activities that has taken place in Long­ community. yearbyen over the past decade and subsequent greater demand for energy and heat, the overall 2008– 2009 Report No. 22 to the Storting 105 Svalbard burden on energy supply in the community has traffic in the Arctic areas. Figure 10.6 shows the grown. Consequently, the present coal-fired power development of traffic in to Longyearbyen port. plant is in the process of reaching its electricity Longyearbyen currently has three quays: Gamle­ production capacity limit. At the same time Bydrift kaia (Old Quay), Kullkaia (Coal Quay) and Bykaia KF is seeing a steady increase in the maintenance (Town Quay). The latter is Longyearbyen’s public costs for the power plant. Continuing growing port, and covers the town’s need for port facilities demand in Longyearbyen, resulting, for example, for heavy cargo and cruise traffic. from the establishment of energy-intensive In connection with the deliberation of the 2006 research infrastructure will moreover be able to Svalbard budget (Budget Recommendation No. 14 trigger a need for considerable investment in (2005–2006) to the Storting), the Storting through energy production at an earlier time than what has the Committee on Foreign Affairs stated the fol­ been specified in the KanEnergi consultant report. lowing: “The Committee is aware that the Long­ Sound infrastructure that enables the Norwe­ yearbyen Community Council is working on new gian community to meet challenges and take land-use plans, including plans for the port area. advantage of opportunities in this area is a priority The Committee will stress the importance of the task. The Ministry of Justice is aware that Bydrift affected ministries, in cooperation with local KF, with the aid of external consultants, has initi­ authorities in Svalbard, to determine the existence ated an effort to illuminate environmental accounts of any national needs and how such have to be pre­ for new power production based on coal, diesel, oil served through the planning process.” or natural gas as a source of energy. It is expected Against this background, the Longyearbyen that such accounts will be presented during the Community Council has in cooperation with the spring of 2009. In light of this, the appointment of a Governor of Svalbard studied the issues and need working group charged with preparing a report as for the availability of port facilities in Longyear­ the basis for further decisions that must be taken byen. The various needs of the Longyearbyen regarding future energy supplies in Longyearbyen, Community Council, the Governor, the Coast should be considered. The working group should Guard and other government agencies were be headed by the Ministry of Justice, which admin­ described; at the same time, external consultants isters the Svalbard budget and annually appropri­ assessed the cost of building a new port. ates funds to the Longyearbyen Community Coun­ A feasibility study looked at ground surveys cil, and otherwise have representatives from rele­ and described various technical port solutions and vant local and central players. The report, which is their cost. The report concluded that building a to ensure the best possible decision-making basis port located on the west side of Bykaia will meet for the central authorities, should, on the basis of the stated needs. The cost overview that followed different scenarios for energy demands, contain a the report showed that this proposal, which was quality-assured analysis of the expected lifetime of also the least expensive alternative, came to more the existing main power plant, with an overview of than NOK 85 million. investment needs and future needs for mainte­ Today, the ship traffic around Svalbard prima­ nance of existing facilities. Furthermore, various rily consists of cruise and goods traffic, research- proposals should be prepared for how the future related shipping and fishing vessels used in com- energy supply in Longyearbyen is to be built. In 2007 the Storting appropriated NOK 20 mil­ lion for a new reserve power plant in Longyear­ byen. The facility, a centrally located diesel power plant, was finished around the end of 2008/begin­ ning of 2009. It was presupposed that this plant could also be the first step to a future main power plant. The remaining investment costs of the reserve power plant are covered by the Longyear­ byen Community Council through user financing.

10.1.4 Longyearbyen port – needs and opportunities As previously mentioned in the report, recent Figure 10.5 Longyearbyen port years have witnessed a trend of increasing ship Photo: Sander Solnes, the Governor of Svalbard 106 Report No. 22 to the Storting 2008– 2009 Svalbard

eral plus the fact that ships, particularly cruise ves­ 900 sels, have become larger. In light of the capacity 800 limitations, the main challenge for Longyearbyen 700 is to serve the different needs of the various types 600 of traffic within a relatively short summer season. 500 As mentioned by way of introduction in the 400 report, an ice-free Arctic Ocean during the sum­ 300 mer may also open completely new east-west 200 routes to international shipping. In light of 100 increased commercial and industrial activities in 0 the Arctic Ocean, Longyearbyen will have to 2001 2002 2003 2004 2005 2006 2007 2008 expect to take on increasing importance as a base for rescue and pollution clean-up operations and Total number of port calls in Longyearbyen with respect to maritime services. In this connec­ tion, existing know-how and expertise on Arctic Figure 10.6 Number of port calls in Longyear­ technology and logistics found in various commu­ byen. nities in Longyearbyen may be a resource that can be developed. Increasing maritime activity in the Source: Bydrift Longyearbyen area will also place demands on bolstering the res­ cue and emergency response work in the archipel­ ago and adjacent ocean areas. mercial fishing. The trend in recent years shows as mentioned that ship traffic to the Arctic areas is 10.1.5 Range of services including health increasing in general, which is also confirmed in and welfare services offered Figure 10.6, which shows that the number of calls in Longyearbyen has gone up considerably since Over time Longyearbyen has evolved from a “com­ 2000. In 2005 the capacity limit of Bykaia, which pany-town” with a one-sided economic base and serves tourist and cargo vessels, was reached. range of services provided by the coal company Figure 10.7 shows the increase in the total Store Norske Spitsbergen Kulkompani AS, to one number of passengers arriving at Longyearbyen gradually resembling an average mainland munici­ port. The increase is due to more ship calls in gen- pality in a steadily increasing number of areas. The broadening of the economic base and services is an important part of this. In many areas services 40000 are now fully equivalent to those provided by main­ land municipalities with which it is natural to make 35000 a comparison. However, as previously described, 30000 Longyearbyen is not meant to be a “cradle-to­ 25000 grave” community and the differences in the serv­ 20000 ices offered are accordingly adjusted, cf. discus­ 15000 sion in Chap. 4 Main objectives and instruments and Chap. 5 Legislation. Studies and research 10000 show that the population of Longyearbyen is basi­ 5000 cally satisfied with the services that are available. 0 In particular this applies to the services for chil­ dren and young people. Services in Longyearbyen are provided by cen­ tral and local government players, and by private Day trip boats and state-owned enterprises. A basic level of these Tourist boats services is provided via the Longyearbyen Com­ Cruise ships munity Council, the hospital in Longyearbyen, Total number of passengers Governor of Svalbard and many other different pri­ vate and state players. As mentioned, the Long­ Figure 10.7 Number of passengers in Longyear­ yearbyen Community Council is the provider of all byen port. infrastructure services within the Longyearbyen Source: Bydrift Longyearbyen land-use planning area. This includes generation 2008– 2009 Report No. 22 to the Storting 107 Svalbard and distribution of electricity and heat as well as and will work to find solutions to be able to con­ water and sewer, refuse collection, roads, port tinue the programme after 1 September 2010. operations, building permits and local fire and res­ In addition, a number of services are supplied cue services. The local body is also responsible for by other private and public agencies in Longyear­ operating the school and day care centres and chil­ byen. These services are both of a more infrastruc­ dren and family services. In addition, there are a ture-related nature, such as airport and data and number of other services and programmes under telecommunications, and service functions such as the direction of the Longyearbyen Community banking and postal services. In addition, the com­ Council: library, sports hall and swimming pool, munities have a variety of shops, cafes and hotels, neighbourhood facilities, youth club, self-govern­ restaurants and other establishments. Situated in ing youth club and cinema. Longyearbyen, Svalbard Church is part of the The Longyearbyen Hospital division of the Uni­ Church of Norway. Open to all, the church may versity Hospital of North Norway Trust is prima­ also be used by the other communities in Svalbard. rily an accident and emergency care facility. Outpa­ tient examinations, evaluations and treatment of ill­ nesses and injuries are also provided along with 10.1.6 Postal services planned minor and intermediate operations. Postal operations in and to and from Svalbard are Longyearbyen Hospital also provides a number carried out in compliance with Act No. 73 of 29 of services that are not provided at hospitals on the November 1996 relating to the provision of univer­ mainland. In addition to general medicine as prac­ sal postal services (Postal Services Act).The over­ tised by general practitioners on the mainland, the riding requirement Posten Norge has to meet is hospital offers a midwife and public health nurse that its basic services, i.e. delivery of letter post up service, physiotherapy service, dental service to 2 kg, of newspapers and periodicals up to 2 kg to including orthodontics, company health service subscribers, or of parcel post up to 20 kg, and basic and optician service. banking services – have to be available to the popu­ Child and youth psychiatry services are also lation all over the country through a nationwide provided by mainland psychologists and psychia­ postal network. trists who are regularly available for consultations, Longyearbyen Post Office is the main office for and a similar programme for adults is currently postal services in Svalbard. Postal services are also being tested. provided at: Isfjord, Ny-Ålesund, Hornsund, Bar­ Emergency medical services consist of the entsburg, Sveagruva, Hopen and Bjørnøya. The medical emergency call service, urgent care serv­ level of service at these post offices varies. Long­ ice, ambulance service, rescue helicopter service yearbyen provides full year-round services. Ny- (organised via and in cooperation with the Office of Ålesund and Barentsburg have year-round branch the Governor) and air ambulance. office services. Elsewhere, services are somewhat The services provided at Longyearbyen Hospi­ more limited compared with a branch office. All tal are meant for the residents of Longyearbyen mail to and from Ny-Ålesund is handled by Long­ and the other Norwegian settlements in the archi­ yearbyen Post Office and sent on to Ny-Ålesund by pelago. Emergency medical services are also pro­ air two or three times a week in the winter and up vided to others travelling in and around the archi­ to five times a week in the summer. Most mail to pelago and the adjacent ocean areas. and from Svalbard is flown between Tromsø and Today, the Longyearbyen Community Council Longyearbyen, and mail services to and from Sval­ offers Norwegian lessons to adult foreign nation­ bard are now almost as good as on the mainland. als. This programme has been funded by an ear­ In the autumn of 2006 Posten began using its marked grant through the Ministry of Labour and own cargo planes for carrying mail on the Tromsø- Social Inclusion budget. This transfer will cease on Longyearbyen route (Monday-Friday). This led to 1 September 2010 due to the discontinuation of the faster mail delivery. In particular the time it took to transitional programme initiated in connection mail parcels was dramatically shortened. Posten with the implementation of the Introduction Act now offers delivery of business parcels in Long­ (Act No. 80 of 4 July 2003 on an introductory pro­ yearbyen, thereby providing a service equivalent gramme and Norwegian language instruction for to “door-to-door delivery” to businesses on the newly arrived immigrants). The Government mainland. believes providing Norwegian language instruc­ The cost of the air service is just under NOK 20 tion for newly arrived foreign nationals is of mate­ million per year. To utilise the cargo capacity that rial importance to the Longyearbyen community, is available, the mail plane also carries ordinary 108 Report No. 22 to the Storting 2008– 2009 Svalbard goods to the Svalbard store. The mail plane has Norsk Romsenter Eiendom AS owns the thus provided considerably improved regularity cables, and Telenor Svalbard AS has an agreement for transporting goods to the store, particularly on operating the connection. Kongsberg Satellite with respect to groceries and fresh meat, fish and Services (KSAT), Uninett and Telenor Svalbard produce. Posten regularly evaluates postal serv­ lease cable capacity from Norsk Romsenter Eien­ ices and postal services for Ny-Ålesund, Sveagruva dom, and use this capacity to provide their own and Barentsburg and has regular dialogue with the services to their customers. The business commu­ largest companies in these communities. Russian nity, public sector activities, research and educa­ authorities have applied to open their own post tion activities and the population in general cur­ office in Barentsburg and want generally better rently have access to telecommunications services postal services to and from Barentsburg. The Min­ that are just as good as those on the mainland istry of Transport and Communications is evaluat­ through the virtually unlimited capacity of the ing these issues. cables linking the archipelago to the mainland. The present postal services in Svalbard are In 2005 a new radio link with considerably considered to be satisfactory. There are no plans to higher capacity than before was installed between make significant changes in the services. The aim Ny-Ålesund and Longyearbyen. This permits the is to keep the postal services at their present levels, operations in Ny-Ålesund to use the capacity in the subject to any adaptations called for by changes in fibre cables more efficiently. In 2006 a similar new settlement and/or activities in Svalbard. The Gov­ radio link was installed between Longyearbyen and ernment is of the opinion that the principle of uni­ Svea. form postal rates for letters should apply to Sval­ Besides modern services for business and pub­ bard. In other words, the price levels for services lic administration, Telenor Svalbard currently pro­ should correspond to the price levels for corre­ vides modern triple-play solutions (telephony, IP­ sponding services on the mainland. Higher rates TV and broadband Internet) to the population in are charged for packages due to considerably Longyearbyen and Ny-Ålesund. Today, approxi­ higher freight costs than on the mainland. mately 2/3 of the homes in Longyearbyen and Ny- Ålesund have a broadband connection. Going forward, it will also be possible to put 10.1.7 Telecommunications services other initiatives in place to use the capacity in the The telecommunications network and services cables. were liberalised in Norway in 1998. The telecom­ Both NetCom and Telenor have established munications legislation, Act No. 83 of 4 July 2003 mobile phone services (GSM) in Longyearbyen, relating to electronic communications (Electronic Svea and Barentsburg. Both also cover large parts Communications Act), applies to Svalbard with the of Adventdalen, Van Mijenfjord and the Isfjord exception of the competition rules in Chapters 3 basin. In addition, Telenor has installed “turbo-3G” and 4. The same authorisation regime applies as on to deliver “mobile broadband” in Longyearbyen. the mainland, with the exception of authorisations In compliance with the provisions of the Ecom relating to the establishment of satellite earth sta­ Regulations, a frequency licence has been issued tions, where the provisions of the Svalbard Treaty to the Russian mobile communications network in necessitate special rules. Barentsburg. Although rules permit more commercial play­ Telenor also provides maritime coastal radio ers, Telenor ASA is still the main provider of tele­ services (VHF and HF) in Isfjord and large parts of communications networks and services to Sval­ the west coast of Spitsbergen. Isfjord Radio on bard. Previously, telecommunications traffic Kapp Linné continues to be an important station between the mainland and the archipelago was car­ for Telenor’s maritime services, Avinor’s flight ried by satellite communications with limited communications and the AIS service (boat traffic). capacity. In 2004 Svalbard was connected to the main­ land via fibre optic cables. Two separate cables 10.1.8 Taxes, commuting were laid, one of which is a back-up. The purpose Effective fiscal year 2008 the Government made was to improve communications to and from certain changes in the tax system for Svalbard. The Kongsberg Satellite Services satellite earth station amendments – cf. Proposition No. 1 (2007–2008) at Platåberget, a mountain overlooking Longyear­ to the Odelsting, Skatte- og avgiftsopplegget byen. (direct and indirect tax system) 2008 – statutory amendments, were a direct follow-up of the report 2008– 2009 Report No. 22 to the Storting 109 Svalbard of a working group whose mandate was to review dren has also doubled since the 2002–2003 school the tax system for Svalbard. The group’s report year. During the 2008–2009 school year foreign was presented by the Ministry of Finance on 30 language-speaking pupils from seven different April 2007. countries made up 12 per cent of the pupils. As a basic principle, 8 per cent tax is to be with­ Longyearbyen has three day care facilities, all held from earnings in addition to National Insur­ of which offer full-day day care places for children ance contributions for those who are members of aged 0–6 years. Longyearbyen currently has 100 the Norwegian National Insurance system. For per cent day care coverage, i.e. an offer of a place combined annual incomes above 12 times the within the maximum deadline of three months National Insurance basic amount, the tax withhold­ from the application date. All together, the day care ing is 22 per cent. A new rate structure has also facilities have added 52 places in the last two years been devised for corporate and capital taxation; the on account of in-migration and a higher number of tax rate for such income is now 16 per cent. The births. changes are meant to facilitate a stable, simple and The responsibility for Longyearbyen School practical tax system for Svalbard. was transferred from the state to the Longyear­ The 30 April 2007 report and the subsequent byen Community Council starting 1 January 2007. proposition for amendments to the tax system also Supervision of the school rests with the County called for an expedient working group charged Governor of Troms, with the Governor of Svalbard with looking at other specific parts of the tax sys­ providing assistance on issues relating to Svalbard. tem for Svalbard. The mandate of this working Longyearbyen School has both a primary school group was to look at three different factors: current and a section for upper secondary education plus practice for commuting between homes on the day care facilities for schoolchildren and extracur­ mainland and work in Svalbard, certain special fis­ ricular cultural activities. In the Government’s cal schemes for foreign settlements, and certain view, it is essential that the day care facilities and technical adjustments of the tax liability provisions. school in Longyearbyen continue to maintain pro­ In the report submitted in November 2008, the grammes that keep pace with the population num­ working group proposed tightening current taxa­ bers and structure. tion practices for commuting between one’s home The upper secondary school offers general on the mainland and work in Svalbard. A proposal studies at all three levels and has an ambulatory was made to discontinue the special wage taxation system for vocational programmes. Under this sys­ scheme applying to employees of Trust Aktikugol tem, the school attempts to offer the program or at the end of a statutory transitional period. Fur­ programmes desired by the majority of upper sec­ thermore, the group proposed that after a gradual ondary pupils, usually in cooperation with the busi­ phase-in the ordinary rules for taxing wages shall ness community in Longyearbyen. The school also apply to employees of Trust Arktikugol begin­ does not have the capacity to offer vocational pro­ ning fiscal year 2015. grammes at the final third-year level. The Long­ The report of the working group was circulated yearbyen Community Council’s school board for a broad consultation in the autumn of 2008, with (Oppvekstforetak KF) has entered into a partner­ 1 June 2009 deadline for comments. After this proc­ ship with Troms County to enable upper second­ ess has been carried out and evaluated, the Gov­ ary pupils in Longyearbyen to compete on equal ernment will follow up with any statutory and reg­ terms with pupils from Troms County for school ulatory amendments that may be necessary. places in Troms. In this manner, the family does not necessarily have to return to their home county should Longyearbyen School not be able to offer 10.1.9 Formative conditions for children the desired line of study. This agreement also and young people makes it possible for pupils in Troms County to The number of children and young people has attend school in Longyearbyen if they meet spe­ grown in step with the evolution of Longyearbyen cific criteria. However, the programme does not into a modern family community. In 2008, Long­ apply to foreign pupils. The reason for this is that yearbyen’s population of children and young peo­ only Norwegian citizens are in principle entitled to ple aged 0–19 totalled 372, up from 297 in 2000. At a place through their right to an education in their the same time the number of small children is home county. The Government will consider the growing the fastest, e.g. the number of children possibility of permitting the Longyearbyen Com­ under the age of one doubled from 2002 to 2008. munity Council to enter into exchange programme The percentage of foreign language-speaking chil­ agreements between Longyearbyen School and 110 Report No. 22 to the Storting 2008– 2009 Svalbard

Troms County for the foreign pupils attending together with the Norwegian Food Safety Author­ school in Longyearbyen. Through such an agree­ ity. The increased activities resulting from these ment the pupils concerned will be able to meet the services will make it necessary to consider an criteria for what is called a residence permit for upgrade. The Longyearbyen Community Council educational purposes on the mainland and will is responsible for ensuring the well-being of chil­ thereby be granted entry to the mainland for this dren and young people through its municipality- purpose. like functions. These include youth work, which As with rural outpost schools on the mainland, the Community Council has organised into four the percentage of foreign language-speaking main areas: Project Young in Longyearbyen, Long­ pupils can be a challenge in view of the special yearbyen Youth Club, Longyearbyen Youth Coun­ needs this group of pupils may have in regard to cil and a self-governing youth club. There is broad language instruction as well as other special needs. political agreement in the Community Council to Furthermore, children with special needs are a give priority to providing a healthy formative envi­ challenge for Longyearbyen School, not least ronment for children and young people in Long­ because several key laws do not apply. Apart from yearbyen, cf. NIBR Report 2006:2 Democracy on statutory benefits, the Government believes that the decline. The report also states that it is in this the Community Council must assess which special area people believe the Community Council has programmes and services are to be provided to achieved most after the introduction of local individuals on the basis of an overall assessment. democracy. Such an assessment must be seen in light of the resources the services require and be proportional with the rest of the services that are provided. 10.2 Other local communities In line with state policy on sport, gaming funds have been allocated over the years to Svalbard to 10.2.1 Ny-Ålesund build and maintain the swimming pool and sports Situated in Kongsfjord on Spitsbergen, about 100 hall. In the same manner as for the mainland, each kilometres north of Longyearbyen, Ny-Ålesund is year gaming funds are allocated from the grant the northernmost settlement in Svalbard. At 1 Sep­ programme to local clubs and organisations to sup­ tember 2008 the community had 41 year-round res­ port the voluntary efforts of clubs that organise idents, but its population multiplies many times sports activities for children and young people. over during the summer season. The origin of the Social, welfare and health services for children settlement was coal mining, but these activities and young people are provided through a com­ were discontinued following a major accident in bined midwife and public health nurse function at 1962. Since 1965 the community has been a Longyearbyen Hospital and by the Longyearbyen research station run by the state-owned limited Community Council, department for children and company Kings Bay AS, which is both owner and family services (which by and large match similar has responsibility for operating the infrastructure services on the mainland): municipal health serv­ at the site. The purpose of the company is to pro­ ice, educational and psychological counselling vide services to and promote scientific activities service, social services and child welfare service. and to help develop Ny-Ålesund as an international The Family Protection Office Act was applied to Arctic science research station. With the exception Svalbard in the spring of 2008. The Ministry of of services such as the police, rescue and emer­ Children and Equality is working with local bodies gency response system, the services provided are to establish a service, which will likely be an ambu­ mainly governed by what Kings Bay AS offers and latory programme based out of the family protec­ facilitates through its activities. Ny-Ålesund does tion office in Tromsø. not have medical services and the hospital in Long­ The public health nurse and midwife service is yearbyen is therefore used when needed. Given provided today by one person and includes a the size and location of the place, its infrastructure, number of services: complete school health serv­ which includes a quay and air strip, is relatively ice, health clinic for mothers, children and preg­ good. nant women (while there are no ordinary obstet­ As mentioned Ny-Ålesund is connected to the rics services in Longyearbyen, pregnant women fibre optic cable between Longyearbyen and the are closely monitored due the long distance to the mainland. “Radio silence” is otherwise in place at nearest ordinary delivery room), guidance for fam­ the site, which is an advantage for scientists and ilies with adjustment problems and provision of all their use of passive receiving equipment. In addi­ types of vaccinations and inspection functions tion, the community has the world’s northernmost 2008– 2009 Report No. 22 to the Storting 111 Svalbard post office and its own store. The vicinity other­ tional natural science research and climate moni­ wise features a large number of cultural monu­ toring. The overriding objective of this investment ments from mining operations and from the time is to develop Ny-Ålesund into one of the world’s the place functioned as a base for many North Pole foremost places for Arctic climate and environmen­ expeditions. tal research. Opened in 2005, the Marine Labora­ Considerable investment has been made in Ny- tory is an example of these efforts. NOK 25 million Ålesund in the last 10 years. As a result the place is has been allocated through the 2009 national now a very good and functional base for interna- budget to build a new and more environmentally friendly power station in Ny-Ålesund. The international aspect of Ny-Ålesund pro­ vides the place completely special qualifications in Box 10.2 Norge over the North Pole 1926 a research context. Today, Norwegian, German, British, Italian, French, Japanese, South Korean, Chinese and Indian research institutes have a per­ manent base here. In addition to these, other research institutions also use the place without being there year-round. In all, around 20 countries conduct research projects in Ny-Ålesund each year on a variety of subjects including the climate, atmosphere, pollution, plants, animals and ocean. The increasing international research interest in Ny-Ålesund serves to set strict standards for how the place is to be run. To protect the fjord area, including important research installations in the ocean and on the seafloor, the Svalbard Act was Figure 10.8 The airship Norge in Ny-Ålesund. amended in 2005. A new provision now authorises Photo: Norwegian Polar Institute restrictions on activities that may harm research, and separate regulations closing off large parts of While Svalbard has been the starting point for Kongsfjord to fishing activities have been issued. many North Pole expeditions, the first to The measures are a follow-up to Report No. 9 arrive there was the airship Norge in 1926. (1999–2000) to the Storting, Svalbard, and its dis­ The airship was designed and built by the Ita­ cussion. In the Government’s view, it is important lian colonel Umberto Nobile, who was also its to continue protecting Ny-Ålesund and the sur­ pilot. Funding was mainly provided by Lin­ rounding area as a reference area for research. In coln Ellsworth, an American, while Roald this connection the Government wishes to take a Amundsen planned and headed the expedi­ closer look at the cruise traffic in Kongsfjord and tion together with Ellsworth. An airship hall the challenges it creates. For further details see measuring 110 metres long, 34 metres wide Chapter 8 on Knowledge, research and higher edu­ and 30 metres high was built in Ny-Ålesund – cation. becoming Svalbard’s biggest building – along with a 35-metre high mooring mast. Norge took off on 11 May 1926 with 16 men on 10.2.2 Sveagruva board. The trip took 16 hours and on 12 May Located at the end of Van Mijenfjord, Sveagruva at 0130 hours the Norwegian, American and (hereinafter referred to as Svea) is the site of Store Italian flags were dropped down on the North Norske Spitsbergen Kulkompani (Store Norske)‘s Pole. Norge landed in Teller, Alaska on 13 main coal mining operations. Operated since 2001, May and was dismantled. This was the first about 20 million tonnes of coal have been taken out undisputed observation of the North Pole. of the Svea Nord mine. According to calculations, Roald Amundsen expected to find land, but this mine will be exhausted in 2013–2015, and the could see only ice. Spitsbergen Airship company is working on plans for further opera­ Museum opened in Longyearbyen in 2008. tions at four other sites in the Svea area: Luncke­ The purpose of the museum is to communi­ fjellet, Svea Øst, the “Fringe Zone” and Ispallen. cate the history and the role the airship has The idea is to be able to use already established played in the Arctic. infrastructure connected with the Svea Nord mine for mining these deposits, cf. the coverage in Chap­ 112 Report No. 22 to the Storting 2008– 2009 Svalbard

Figure 10.9 Ny-Ålesund Photo: Heinrich Eggenfellner

ter 9 on Industrial, mining and commercial activi­ stationed on Hopen. In addition, the sites can ties. accommodate a few scientists if needed. All of the Svea is a pure mining and production site and is people permanently stationed on these two islands operated by employees commuting from Long­ are employees of the Meteorological Institute and yearbyen, mostly by air. A requirement ever since are engaged for six months at a time. However, the the start-up of Svea Nord is that its operations personnel also have functions in addition to purely would be based on commuting from Longyear­ meteorological duties, particularly concerning byen. Transport of all goods takes place either by research activities, ambulance and rescue serv­ boat or tracked vehicles from Longyearbyen dur­ ices. ing the winter. The Government’s High North strategy main­ tains that the Government wishes to maintain Nor­ wegian activities on Bjørnøya and Hopen. To 10.2.3 Bjørnøya and Hopen assess this in more detail, the Government Bjørnøya and Hopen lie south and east, respec­ appointed a working group in November 2006 to tively, of the island of Spitsbergen. Even though look at the Norwegian presence in these places. In Bjørnøya is located just about as far from the Nor­ step with greater activity in surrounding waters, wegian mainland as it is to Spitsbergen, the island and in the Arctic in general, there is no reason to belongs to Svalbard. believe that the importance of permanent presence Norway has been present in both of these will diminish. In the absence of any real alterna­ places for many years, primarily through the tives, the Government therefore finds that the cur­ manned stations of the Norwegian Meteorological rent presence of manned weather stations should Institute. Bjørnøya has about 10 people present at continue. any given time, while all together four persons are 2008– 2009 Report No. 22 to the Storting 113 Svalbard

in the last 10 years. From being a place to live for 10.2.4 Barentsburg and Pyramiden well over 900 residents in 1999, the town had about Barentsburg lies in Grønnfjord in Spitsbergen and 440 residents on 1 September 2008. Some improve­ is following the closure of Pyramiden in 1998 the ments have been made to the place of late but plans only local community in Svalbard with a permanent for major and important infrastructure are still Russian company presence. The place was previ­ unclear. A Russian government commission was ously the site of extensive coal mining. In contrast appointed in 2007 to consider the future Russian to Longyearbyen, Barentsburg is still organised as presence in Svalbard. The Commission visited Bar­ a “company town” where the company Trust Ark­ entsburg in the autumn of 2007. According to the tikugol both owns and operates all activities at the plan, the Commission’s report was supposed to be site. In addition to mining, there is also some scien­ presented in the first half of 2008 but has yet to be tific activity, plus commercial activities in the form submitted. It is presumed that the report will aim of a textile factory, a souvenir shop and a place to to describe challenges and opportunities for Bar­ stay. The company has a quay in Barentsburg and entsburg in the future and include proposals for helicopter operations in connection with the min­ any measures. How the environmental aspect of ing activities, with a landing field on Heerodden the activities in Barentsburg will be followed up is right outside the town. covered in Chapter 7 Environmental protection. Barentsburg has been hit by a series of acci­ dents and other mishaps in recent years. At the beginning of 2006 a coal waste tip outside town 10.2.5 Hornsund started on fire after overheating for a long period. The Polish research station at Isbjørnhavna in With the help of crews and equipment from Store Hornsund has been in operation since 1957. The Norske the fire was finally contained before burn­ station has been permanently manned since 1978, ing itself out. In March 2008, a helicopter operated with around 10 scientists wintering there each by Trust Arktikugol crashed during landing on year. Hornsund is also regularly visited by scien­ Heerodden. In April the same year fire broke out in tists and others who use the place as a base for the coal mine below the town. Coal production had shorter and more seasonable research assign­ been reduced before that to a minimum and after ments. The station is operated by the Institute for the fire broke out, production ground to a halt. All Geophysics at the Polish Academy of Sciences. together five people died in these incidents. Research at the site is related to many disciplines, The nature of the activities in Barentsburg has including meteorology, seismology, glaciology and changed and they have been cut back considerably various forms of environmental monitoring. 114 Report No. 22 to the Storting 2008– 2009 Svalbard

11 Sea and air – transport, safety, rescue and emergency response system

11.1 Introduction place is on the rise. In the aggregate this requires greater attention from the authorities so that the As described in Chap. 2 the High North and Sval­ quality of safety and rescue systems at sea, in the bard are among the areas in the world that are air and on land is proportional to the level of activ­ most affected by climate change. At the same time, ity. the areas are generally characterised by increased activity. The trend in recent years shows that ship traffic to the Arctic areas is increasing. A reduction 11.2 Sea transport and safety at sea in the extent of the sea-ice will make the area more accessible to passage by sea and other activities. The previous Report to the Storting on Svalbard, For Svalbard this pertains especially to cruise tour­ Report No. 9 (1999–2000) to the Storting, ism and other ship traffic. describes increasing sea transport in the archipel­ As a consequence of a warmer ocean the range ago, a change that has continued in recent years. of major fish stocks may change. The range of The report furthermore stated that because many species is expected to move to the north and marine charting was incomplete, and navigation east. Indications that this is happening have aids few and far between in the waters around Sval­ already been seen. Trawling for cod is moving bard, there was a particular risk of sea traffic acci­ steadily northward and now takes place as far dents in the area. In addition, the legislation and north as Isfjord (78 degrees north). There is also administrative authority differed in certain areas considerable reloading of fish by Bjørnøya. In the from the mainland, and, with the exception of the longer term, an increasingly ice-free Arctic Ocean Seaworthiness Act which applied only to Norwe­ may open completely new routes to international gian ships, neither the Harbour Act, the Pilotage shipping between east and west. The shortest Act nor other shipping legislation applied to the route through the Arctic Ocean from the major archipelago. shipping ports on the European continent passes Since then the Interministerial Committee on directly west of Svalbard. Major commercial and Polar Affairs has highlighted safety at sea in the industrial activities in the Arctic Ocean could waters surrounding Svalbard, with recommenda­ increase the importance of Svalbard to rescue and tions on measures followed up by specific actions. emergency response systems and provision of The Harbour Act was applied to Svalbard effective maritime services. The unique opportunities for 1 May 2008. This established the same legal frame­ downloading data from satellites also indicate that work in Svalbard as on the mainland for regulating Longyearbyen can be an important platform for and facilitating safe sea traffic. The application of monitoring ship traffic in the Arctic basin. the Harbour Act in Svalbard has been followed up As described earlier in the report, ship traffic to by the Norwegian Coastal Administration, which Svalbard has increased considerably in the last 10 has laid down regulations for arrival and departure years. Research-related voyages have also reports for Svalbard, particularly regulations con­ increased. This must be viewed in light of the fact cerning vessel reporting obligations and sailing that Svalbard has become a key area for obtaining rules for the approach to Svea. An obligatory local knowledge about what happens when tempera­ guide service is being evaluated. tures in the Arctic rise and how this may impact the In addition to increased sea traffic in the waters climate in other places on Earth. This growth can around Svalbard, we see increased activities in the be expected to continue, both as a result of northern areas in general, on both on the Norwe­ increased tourism and population growth in Sval­ gian and Russian sides. This activity will also have bard and because the interest in field-based an impact on safety at sea in Svalbard, and poses research and the use of Svalbard as a meeting 2008– 2009 Report No. 22 to the Storting 115 Svalbard further challenges to Norwegian administration few navigation aids, the biggest risk of accidents is that will have to be met by preventive measures. related to groundings and associated danger of oil Despite the fact that a number of the measures spills. The risk is the biggest in the coastal waters proposed in the previous Report to the Storting on where it does not take long before a spill reaches Svalbard have been initiated, developments in both land. Preventive maritime safety measures are Svalbard and the northern areas require maritime essential in the archipelago to prevent ship acci­ safety in the waters around the archipelago to be dents with potentially huge consequences for life, subjected to thorough evaluation and for measures health and the environment. to be initiated where they are required. The low traffic density in Svalbard means that The goal of the Government is to reduce the the probability of spills is also relatively low. In risk of undesired incidents during sea transport to addition, the potential spill volume is smaller than Svalbard, so that damage to life, health and the along the coast of the mainland as a result of the environment can be avoided. Preventive measures absence of large oil tankers. The risk that large are clearly the most important. As for the main­ areas can be affected by spills is therefore similarly land, key maritime safety measures in Svalbard are smaller. The amount of bunkers spilled in the event the establishment and operation of maritime infra­ of an accident can still be considerable. The Arctic structure and services, and requirements for and environment is generally vulnerable, and the life­ supervision of the design of ships and crew qualifi­ time of oil in Arctic waters is long. A spill can there­ cations. In addition, requirements for fuel quality fore impact the environment for a long time. Sval­ are important for limiting the potential for damage bard also has major concentrations of vulnerable to the environment if an accident were to occur. biological resources gathered in small geographic Sea transport is an international industry. The areas. This increases the risk of considerable dam­ International Maritime Organization (IMO), a UN age even with smaller spills, and major acute spills agency, develops international rules for shipping. will in most cases affect adjacent protected areas. International rules lay down important parameters The response time for taking action after an for Norway’s regulation of sea transport. The trend acute spill will be long in most places in Svalbard, is toward increasingly stricter environmental and depending on the distance to local oil spill protec­ safety requirements. Regardless of where a vessel tion equipment and vessels that have oil spill pro­ is it is subject to general requirements for ships tection equipment permanently on board. On the and crews pursuant to international rules. By east coast of Svalbard the response time will most means of inspections and supervision the flag state likely be one to two days. Oil spills can therefore is obliged to ensure that its own ships comply with spread over large areas before oil pollution meas­ the rules. In addition, foreign ships calling at Nor­ ures can be implemented. wegian ports are inspected (port state control). Spills of heavy bunker oil will cause far greater and more long-lasting consequences than spills of light marine diesel, which disappear quickly from 11.2.1 Status and risks the surface due to evaporation and mixing with Maritime safety measures implemented in Sval­ water. Use of light bunker oil will therefore provide bard in recent years have brought the level of a clear benefit for the emergency response to acute safety closer to that along the mainland coast. How­ pollution. This applies both with respect to the ever, the local and climatic conditions in the archi­ scope of an action, and the consequences for the pelago indicate that many conditions should be environment compared with a similar spill of heavy subject to special evaluation with a view to imple­ types of fuel. Fuel quality requirements will con­ mentation of further measures. tribute to limiting the potential damage of acute Compared with the mainland, traffic density in spills. This has also meant the remaining environ­ Svalbard is modest. Svalbard consists to a large mental risk is largely linked to shipping of coal and degree of particularly vulnerable natural areas other utility traffic to and from the settlements, see worthy of protection. The overall potential for dam­ section 11.2.7. age in Svalbard is therefore large, while the accept­ Sailing in Svalbard represents special chal­ ance of the risk of environmental damage is simi­ lenges in relation to the mainland, and navigation larly low. Acute oil spills from shipping are some of conditions around the archipelago are demanding. the incidents with the biggest potential for consid­ The accumulated knowledge of the waters and erable and long-term damage to the natural envi­ expertise of navigators that have sailed in the ronment. Due to the special conditions prevailing waters by Svalbard for many years represent an in Svalbard waters, the lack of marine charting and important contribution to reducing the risk of mari­ 116 Report No. 22 to the Storting 2008– 2009 Svalbard time accidents. On the other hand, an increase of the environment compared with similar situations ship traffic, with new players, will increase the risk on the mainland. of accidents if risk-reducing measures are not The biggest environmental risk relates to bun­ implemented. ker spills. In addition to the time and place, the con­ Future challenges relate to many factors. sequences will depend on the quality of the bun­ Weather and ice conditions can change quickly, kers, and how much is spilled. As on the mainland causing the waters along the coast to change. One it is important that maritime safety measures are challenge of retreating ice is that it exposes new based on analyses, indicators and continuous mon­ sea areas that have not been surveyed but are itoring of risk development in the area. Good con­ tempting to put to use. Around half of the coastal tact is also desirable among affected parties oper­ waters around Svalbard, mainly the west and ating in the area to ensure common understanding northwest coast, have been hydrographically sur­ of the challenges. veyed using modern methods. This means that the current maps are inadequate. Navigation in poorly charted sea areas is associated with a higher risk 11.2.2 Traffic basis than navigation in areas that are well mapped. Ship traffic around Svalbard consists of overseas Areas with reduced risks cause reduced safety for cruise traffic, expedition vessels, goods traffic, those sailing in the waters around Svalbard. research-related shipping and fishing activities on For 2008, 751 km2, as shown in Figure 11.1, was the coast and in certain fjords. While the number of surveyed. The pink areas show where hydro­ ship calls in Svalbard has been stable in recent graphic surveys are planned in coming years. years, we see an increase in the number of passen­ Furthermore, there is limited infrastructure for gers. An increase in research vessel traffic is actions in the event of accidents and challenges in expected. Here, both the number of voyages and relation to the long distances in the archipelago tonnage are increasing. The overseas cruise ves­ relating, e.g., to the number of depots, suitable sels have few calls, typically 1–3 disembarking emergency ports and available towing vessels. sites. Though Svalbard is a small part of their voy­ This can mean that such accidents will have age, some of the vessels call at Svalbard several greater negative consequences for human life and times during the season. The Norwegian Coastal Administration will

0 2550 75 100 125 survey the traffic basis of the archipelago with a Kilometer view to any measures that can strengthen safety at sea. Expedition cruise vessels usually start and end their tours in Longyearbyen. They sail along large parts of Svalbard and have far more disembarka­ tions than the large overseas ships. With respect to coal shipping from Sveagruva, there has been an increase from 14 ships in 1998 to 64 in 2007, while a decline has been registered in the number of fishing vessels, particularly the number of vessels fishing for shrimp. Ship traffic to Barentsburg consists mainly of vessels that ship out coal, small cargo ships and tankers, and calls by cruise vessels. Like other ports of call in Svalbard, Ny-Ålesund has also noted an increase in ship traffic. The Norwegian Coastal Administration will survey the overseas cruise traffic with a view to Surveyed 2008 Multibeam echosounder any measures that can strengthen safety at sea. Singelbeam echosounder Planned survey 11.2.3 Relevant legislation Figure 11.1 Sea surveying at Svalbard. Status and The Harbour Act and underlying regulations were planned surveys. applied to Svalbard effective 1 May 2008 by Regu­ Source: Norwegian Mapping Authority lations No. 342 of 11 April 2008 concerning har­ 2008– 2009 Report No. 22 to the Storting 117 Svalbard bours and fairways in Svalbard. Necessary local administering the fairways and is authorised to adjustments for the archipelago are contained in stipulate specific fairway measures including traf­ the regulations. fic and speed restrictions and tugboat require­ The main reasons for extending the Harbour ments. Longyearbyen port has been given formal Act to Svalbard are to strengthen maritime safety authority to improve the facilitation of the traffic and improve opportunities to organise port opera­ and ease the passage of vessels in the port. tions in Svalbard. With the increasing sea trans­ Via the Norwegian Coastal Administration the port it has been necessary to put in place appropri­ Ministry of Fisheries and Coastal Affairs has been ate rules for facilitating traffic. Furthermore, bol­ given the overriding responsibility for the light­ stered safety at sea will be an important house and buoy service, and will review the struc­ contribution for protecting the vulnerable environ­ ture of the shipping lanes to give recommenda­ ment in the archipelago. tions on better marking and mandatory traffic The application of the Act establishes a system lanes. As previously, the Norwegian Polar Institute and rules similar to those on the mainland. Via the will undertake the practical deployment of beacons Norwegian Coastal Administration, the Ministry of and buoys, now by agreement with the Norwegian Fisheries and Coastal Affairs is responsible for Coastal Administration.

Table 11.1 Ship traffic to Longyearbyen 2001–2008 Number of calls (tourism) 2000 2001 2002 2003 2004 2005 2006 2007 2008 Cruise ships, overseas 23 27 29 42 32 50 40 53 49 Tourist boats 9 73 259 291 257 457 439 134 177 Day trip boats 268 250 Pleasure craft 46 41 57 61 85 64 71 44 74 Total number of calls 78 141 345 394 374 571 550 499 550 Cargo ships 5 11 29 19 20 57 78 62 54 Educational/research 28 47 47 23 51 64 69 41 Fishing vessels 5051 43 2720 25 27 17 21 Navy/Coast Guard 5 11 17 26 20 41 32 34 34 Polar-/Nordsyssel 1424 252 5 39 364 8 55 Other vessels 69 8 11 12 15 16 Total number of calls (other) 88 134 160 166 116 224 249 245 221 Total number of calls 166 275 505 560 490 795 799 744 771 Layover days Cruise ships 17.0 19.5 16.5 17.2 20.9 15.5 25.8 31.5 Tourist boats 366.0 320.0 381.5 393.5 379.5 326.3 201.6 138.0 Day trip boats ------152.2 135 Pleasure craft 133.0 142.0 192.0 220.0 193.0 172.0 129.0 240.0 Total number of layover days 516.0 481.5 590.0 579.0 630.7 593.4 513.8 508.6 544.5 Passengers Day trip boats ------8168 8823 Tourist boats 7,425 8,058 8,190 8,585 8,707 10,508 13,761 2,824 7,342 Cruise ships 8,474 10,870 10,567 14,375 13,130 17,874 23,324 20,764 22,404 Total number of passengers 15,899 18,928 18,757 22,960 21,837 28,382 37,085 31,756 38,569 Source: Bydrift Longyearbyen 118 Report No. 22 to the Storting 2008– 2009 Svalbard

In recent years the number of navigational Longyearbyen. With respect to Sveagruva the Nor­ installations has increased and improved the mark­ wegian Coastal Administration initiated a trial ing of the approach to Kapp Amsterdam at Svea­ project with the installation of a single AIS receiver, gruva. There is still a need to improve navigation while operations are carried out according to a instructions for this fairway. There is also a need cooperation agreement between the Norwegian for further installations due to the steadily increas­ Coastal Administration and Store Norske Spitsber­ ing traffic around the entire archipelago. gen Kulkompani. Due to the fact that the Norwe­ To assess this in greater detail, the Norwegian gian Coastal Administration does not have the Coastal Administration will proceed in 2009 on a same access to monitoring data in Svalbard as it risk-based review of the navigation infrastructure does on the mainland, special regulations have in Svalbard. been issued on position reporting for vessels in the Act No. 9 of 16 February 2007 on ship safety waters of Svalbard. (Ship Safety Act) entered into force on 1 July 2007. A sufficient overview of ship traffic to Svalbard For Norwegian ships the law will be applied requires data from several sources. Real-time data regardless of where they are, including Svalbard is necessary for providing an understanding of the and Jan Mayen. situation that makes it possible to respond quickly The Ship Safety Act replaced the Seaworthi­ and efficiently in the event of incidents and acci­ ness Act, which applied to Norwegian ships dents. This is best achieved by building a land- regardless of location. The King was also author­ based AIS chain along the busiest fairways to the ised to apply all or parts of the Act to foreign ships archipelago. The Government will consider estab­ and foreign installations, including in the territorial lishing such a system in Svalbard. However, to waters of Svalbard. However, that was not done and achieve a total overview of ship traffic in the area, ordinary port state control for foreign ships calling it is necessary to have data from the satellite-based at Svalbard was not performed as is the case for AIS receivers or LRIT (Long Range Identification foreign ships arriving in Norwegian ports on the and Tracking), which the IMO has decided to mainland. establish. LRIT is a global civilian satellite-based On the other hand, the new Ship Safety Act, system for identification and tracking of vessels. with an extensive body of regulations has been Norwegian authorities will follow up the interna­ applied to Norwegian territorial waters of Sval­ tional work on developing LRIT and ensure sound bard, with certain adjustments. This means that national implementation. The system is expected the legislation also applies to foreign ships. Under to be introduced in Norway in 2009, and will have the rules, the authority to perform port state con­ a major impact on maritime safety in Svalbard. Fur­ trol of foreign ships has been assigned to the Mar­ ther development of AIS via satellite will have a itime Directorate. The entry into force of the Ship similar impact. Safety Act is part of the follow-up of the recommen­ dations of the working group appointed by the Committee on Polar Affairs in September 2004 (the 11.2.5 Local guide service shipping group), and is an important contribution One measure that is being considered to to strengthening maritime safety in Svalbard. strengthen maritime safety in the waters surround­ ing Svalbard is the formal establishment of a local guide service, i.e. an obligation to use a local guide 11.2.4 Monitoring and reporting while sailing in the waters around Svalbard. The Monitoring of traffic is an important contribution term local guide means people with long experi­ to ensuring safe passage at sea. There is a report­ ence and satisfactory knowledge of navigation. ing obligation through SafeSeaNet (SSN) for ves­ Today, two forms of local guide services exist in sels above a certain tonnage limit or minimum Svalbard. One of the forms is used in connection length, with a certain amount of bunkers on board, with arrivals and departures at the coal terminal at and for all vessels carrying hazardous or contami­ Sveagruva. Today, the use of local guides is a con­ nated cargo. Vardø VTS is responsible for monitor­ dition for the Governor’s permission to engage in ing the traffic around Svalbard. Today, AIS receiv­ coal shipping. The other form of local guide serv­ ers are located only on Bjørnøya, in Isfjord, at ice is practised in connection with overseas cruise Adventneset by Longyearbyen and at Sveagruva. traffic. This is an informal and voluntary arrange­ The AIS receiver on Bjørnøya belongs to the Nor­ ment offered by private individuals. At the request wegian Coastal Administration, while the receiver of the Ministry of Fisheries and Coastal Affairs the in Isfjord and Longyearbyen belongs to Bydrift Norwegian Coastal Administration has initiated a 2008– 2009 Report No. 22 to the Storting 119 Svalbard project to study the possibility of establishing a ity in Svalbard is required to prevent acute pollu­ mandatory local guide service. Work is now taking tion and ensure measures if pollution has occurred place on further specification of the contents of to limit its impact. The emergency response such a service and the vessels covered by the requirements of activities in Svalbard are laid down scheme. When the necessary clarifications have by the Norwegian Pollution Control Authority. been made, the draft regulations will be presented In the event of acute spills of oil in Svalbard the to the Committee on Polar Affairs before being cir­ person responsible for the spill will be responsible culated for comment. for cleaning it up. This is done under the supervi­ sion of the Norwegian Coastal Administration, which can delegate its authority to the Governor of 11.2.6 Fuel quality requirements Svalbard. In 2007 the Government introduced a requirement The Norwegian Coastal Administration is that ships that call at nature reserves in eastern responsible for the state emergency response to Svalbard shall not carry or use fuel other than light acute pollution in Svalbard both within and outside marine diesel (DMA). The purpose of this require­ 12 nautical miles from the base line (mean low ment is to limit potential damage in the event of water mark). Within 12 nautical miles the Gover­ acute spills within the nature reserves, where the nor of Svalbard is responsible for operations while acceptance of risk is particularly low. A proposal the Norwegian Coastal Administration may also for a similar fuel quality requirement for ships that take charge of actions within 12 nautical miles. sail within the three large national parks on the Outside 12 nautical miles the Governor of Svalbard west side of Svalbard has recently been circulated is obliged to take action until the Norwegian for comment. Coastal Administration takes charge of the action. The proposal includes necessary exceptions Responsibilities and tasks in Svalbard are regu­ for utility traffic to and from the settlements and a lated in a separate agreement. time-limited exception for sailing into Magdalene­ The biggest challenge for the emergency fjord, which makes it possible for the cruise indus­ response system in Svalbard is the climatic and try to adjust to the new fuel quality requirement. geographic conditions, which put health, safety and With these requirements in place the remain­ the environment at particularly great risk. Ship traf­ ing environmental risk will largely be connected fic in the waters surrounding the archipelago takes with shipping of coal and other utility traffic to and place mainly during the summer months when the from the settlements. Ship traffic to and from Svea climatic conditions are as a rule the best. An action through Bellsund and Van Mijenfjord represents a to limit the damaging effects of an acute spill special risk to the environment because ships presents challenges both to personnel and equip­ loaded with heavy bunker oil pass through chal­ ment. It is likely that any action against acute pollu­ lenging waters, where the potential damage from tion will have to be interrupted for long periods as an acute oil spill is huge. Most of the area that will a result of ice, darkness, strong winds and cold. be affected by any spill has national park status. Cargo traffic mainly goes to Longyearbyen, Svea­ This indicates that the acceptance of risk must be gruva, Ny-Ålesund and Barentsburg. Any action far low. Even if requirements the Governor has laid from the settlements will also involve major chal­ down for coal shipping together with the new sail­ lenges in connection with necessary logistics. ing provisions for the waters in Bellsund and Van The need for emergency response equipment Mijenfjord help reduce the risk, the potential dam­ and the amount of it is calculated on the basis of the age from a spill in the approach to Svea will still be risk that exists for acute spills. The equipment that large. Further measures to reduce the potential private enterprises use to deal with acute pollution damage and risk of pollution in this area will be is mostly gathered in Svea, and will handle the risk assessed. of activities in Svea and the fairway out of Akselsundet. The responsibility of the Norwegian Coastal 11.2.7 Preparedness against acute pollution Administration for the state emergency response Preparedness against acute pollution is an impor­ equipment in Svalbard involves procurement of tant damage-reducing measure. The formal basis equipment, maintenance and upgrading if neces­ for contingency planning and taking action against sary. In cooperation with the Governor of Svalbard acute oil pollution is contained in the Svalbard the Norwegian Coastal Administration has estab­ Environmental Protection Act. Under Section 70 lished an emergency response depot in Longyear­ the Act states that any person engaged in an activ­ byen, and some of the emergency response equip­ 120 Report No. 22 to the Storting 2008– 2009 Svalbard ment has been moved to Ny-Ålesund. In contrast to reduce the risk of introductions of non-native spe­ the state depots on the mainland the depot crews in cies in Svalbard too. Svalbard are employed by enterprises in Svalbard. The Governor of Svalbard has signed agreements with various players concerning the provision of 11.2.9 Evaluations crews for the depot force. In exchange they are Together with greater activity in the High North, provided access to the equipment at the state depot an increase in sea transport in the waters around in Longyearbyen. The agreements ensure crews to Svalbard poses new challenges to maritime safety handle Norwegian Coastal Administration equip­ efforts around Svalbard. The increasing traffic ment at the depot in Longyearbyen in case acute oil must primarily be met by preventive measures that pollution occurs. Under the agreement the crews reduce the likelihood of accidents and that limit the are to be capable of participating in the action for impacts if accidents occur. Several measures have up to 10 days. consequently been initiated to deal with the Of other state resources in Svalbard the pres­ increased activities, and further measures have ence of the Coast Guard is important for prevent­ been evaluated to improve maritime safety in Sval­ ing accidents and for actions to clean up acute pol­ bard. lution. The trend shows that ship traffic to the Arctic areas is increasing, at the same time as the Arctic sea-ice is being affected by climate change. This 11.2.8 Handling ballast water makes a continued increase of ship traffic likely, As a result of ship traffic the last decade has seen increasing the probability of a ship accident occur­ an increase in the spread of species to sea areas. ring. This could represent a serious environmental Going forward, a key challenge will therefore threat because ecosystems become imbalanced be to adequately monitor changes in ship traffic. and species stand the risk of extinction. Climate Adequate monitoring will provide ample opportu­ change and an increase in ocean temperatures nities to analyse any trends, so that necessary along the west coast of Svalbard will likely increase measures such as regulations and development of the chance of non-native species becoming estab­ maritime infrastructure, services and emergency lished here. In particular, there are risks associ­ preparedness can be carried out. The combination ated with the intake and discharge of ballast water of these contributions will be important for keep­ from ships in international traffic. ing the ocean area around Svalbard as clean and In 2004, the International Maritime Organiza­ rich as possible. To implement good analyses tion (IMO) adopted a convention on managing bal­ about risk development and traffic development, last water, but it has yet to enter into force. Never­ reliable background information about the activi­ theless, the Government has decided to design a ties must be obtained. AIS and LRIT will be key national set of rules in line with the requirements sensors for obtaining this type of information. Anal­ of the convention. Draft regulations on ballast yses will secure a good foundation for implement­ water were circulated in the autumn of 2008. Under ing effective measures and for subsequently the regulations all ships in the Norwegian Eco­ checking whether the measures have had the nomic Zone or territorial waters that have taken in desired effect. ballast water outside specified areas shall manage The Arctic Council recently presented an Oil the ballast water by cleaning, replacement or deliv­ and Gas Assessment – OGA report illuminating ery to reception depots. In the event of replace­ future challenges relating to oil and gas activities in ment the ballast water shall be replaced in areas the Arctic. Entitled the “Arctic Marine Shipping lying in principle 200 or, alternatively, 50 nautical Assessment – AMSA”, the report was presented to miles from the coast at ocean depths of more than the ministerial meeting of the Arctic Council in 200 meters. Specifically defined replacement areas Tromsø in April 2009. Both of these reports along the Norwegian coast are also listed. The reg­ describe the future challenges in the area. ulations apply to Norwegian territorial waters, including the territorial waters around Svalbard and Jan Mayen, and in the Norwegian Economic 11.3 Air transport – background Zone. The changes are expected to go into effect and development by the summer of 2009. Norway will then be one of the first countries in the world to adopt require­ Svalbard Airport, Longyear, is owned and operated ments for handling ballast water. This will help by Avinor. Building of the runway started in 1973, 2008– 2009 Report No. 22 to the Storting 121 Svalbard and the first plane landed at the airport on 14 Sep­ ees to and from Ny-Ålesund. Svea Airport serves tember 1974. Svalbard Airport officially opened on the mining community of Svea. Located at the end 2 September 1975. In the autumn of 2005, the deci­ of Van Mijenfjord, the airport is owned and oper­ sion was made to expand the airport with a new ter­ ated by Store Norske Spitsbergen Grubekompani minal, which was opened on 10 December 2007. AS to transport company employees. The airport has a fluctuating traffic pattern due to the fact that the inflow of tourists is highly sea­ sonal. Nevertheless, the airport is organised and 11.3.1 Regulation of air traffic operated in the same manner as Avinor’s airports All air traffic to Svalbard is subject to the rules of on the mainland. In recent years the airport has the Aviation Act (Act No. 101 of 11 June 1993) and been upgraded by the installation of expanded Regulations of 23 November 1973 concerning avia­ security areas both along the runway and at the tion in Svalbard. ends of the runway in line with new regulatory Because the EEA Agreement does not apply to requirements. The new terminal building that was Svalbard, the application of EU provisions on avia­ opened in 2007 to replace the old building is also tion included in the EEA Agreement must be dimensioned for the expected growth in air traffic. decided separately. The greater activity seen in the archipelago in Many Norwegian EU-related regulations on the past decade is also reflected in the increase in aviation have not been applied to Svalbard. So far, the number of air transport movements at Svalbard this has still had little effect in practice, because Airport, Longyear. Avinor expects stable and mod­ Norwegian players engaged in commercial activi­ erate growth in the future, in line with develop­ ties in Svalbard are based on the mainland, and ments listed in Table 11.2. Still, given the financial because approvals are granted pursuant to rules turbulence in recent months, there is some uncer­ that apply where the company has its main office. tainty concerning future growth. All activities that the companies exercise at sec­ As stated in the regulations concerning aviation ondary bases in Svalbard will therefore take place in Svalbard, flights to Svalbard are to land initially in accordance with the companies’ approval at Svalbard Airport, Longyear, and the final depar­ granted pursuant to rules applying to mainland ture of flights from Svalbard shall take place from Norway, including EU rules incorporated in the the same airport. Besides Svalbard Airport, Long- EEA Agreement. Together with the Civil Aviation year, which is consequently the only airport receiv­ Authority the Ministry of Transport and Commu­ ing direct flights from the mainland, there are air­ nications will assess developments and the need ports in Ny-Ålesund and Svea, plus a heliport in for any changes in the rules in the future. Kapp Heer, Barentsburg. The airport in Ny-Ålesund, Hamnerabben, is owned and operated by Kings Bay AS. Flights con­ 11.3.2 Aviation safety level nect Ny-Ålesund and Longyearbyen 1–2 times per The Civil Aviation Authority believes on the basis week in the winter and 2–3 times per week in the of experience that aviation safety in Svalbard is at summer. The flights carry scientists and employ- about the same level as in areas of mainland Nor­ way, where similar flying takes place in uncon­ trolled airspace. Compared with the mainland, Table 11.2 Air transport movements at Svalbard there are no special aviation safety challenges relat­ Airport, Longyear. ing to air traffic in Svalbard beyond the challenges Year Number of air transport movements of flying in areas with the topographical and cli­ at Svalbard Airport, Longyear mate conditions that prevail there. By reviewing 2000 4 882 reported accidents and incidents in Svalbard, the Civil Aviation Authority has found no reason to con­ 2001 5 890 clude whether there are special safety problems. 2002 5 532 The aviation legislation does not contain 2003 5 963 requirements for establishing radar services. 2004 6 268 Establishing such services is evaluated and 2005 6 062 decided by Avinor as the aerodrome operator and 2006 6 521 air navigation service provider. Based on the traffic density and type of traffic, the complexity of the 2007 7 064 traffic situation, type of aviation space to be served, Source: Ministry of Transport and Communications and international criteria, Avinor has decided that 122 Report No. 22 to the Storting 2008– 2009 Svalbard as of today there is no reason for giving priority to Commercial aviation is not covered by any installing radar sensors in Svalbard. equal treatment obligation under the Svalbard In the autumn of 2008 Avinor concluded that Treaty. This is reflected in Norwegian legislation, three new navigation systems (distance measuring in all aviation acts since 1923 and in long-term and systems) were to be opened to ensure safer consistent practice. Under the Aviation Act (Act approaches to Svalbard Airport, Longyear and the No. 101 of 11 June 1993) only Norwegian citizens airport at Svea. This will enable the instruments to and companies may conduct commercial aviation estimate the aircraft’s location at all times, and will activities on Norwegian territory, and all aviation considerably improve safety during approaches. shall be undertaken with aircraft that have Norwe­ Candidates for the siting of the navigation systems gian nationality. However, the Civil Aviation have been surveyed. The objective is for the sys­ Authority may grant a dispensation from the tems to be operative in 2009–2010. nationality requirement when warranted by special At present, Svalbard does not have an air traffic grounds. For many years Russian helicopter oper­ control service (air traffic controllers). The ators have been granted a dispensation to carry out present air traffic service is regulated by regula­ helicopter flights relating to mining operations. tions concerning the establishment, organisation For other assignments permission must be applied and operation of air traffic services. When the for in each case. Such applications are decided by number of air transport movements passes 15,000 the aviation authorities following a specific assess­ in the two previous years and at least 7,500 of these ment. air transport movements are instrument flights, an The authorities see that the increased helicop­ air traffic control service in the form of a tower con­ ter traffic in Svalbard is a challenge, particularly trol service will be established. An annual growth with respect to flights to areas that are protected. rate of 7–8 per cent in the number of air transport Environmental considerations favour curtailing movements at Svalbard Airport will trigger such a the current trend of steadily increasing helicopter demand over the course of a ten-year perspective. use, including for research purposes. The increas­ The regulations permit the Civil Aviation ing demand from private and public activities that Authority to demand the establishment of an air wish to use helicopters in their activities in Sval­ traffic control service in other cases following a bard was the reason the Governor tightened his discretionary evaluation of the traffic and the con­ practices in 2008 for processing applications for ditions at the airport in the widest sense, with landing permissions. Under the stricter rules both emphasis on the number of air transport move­ Norwegian and foreign companies have to apply to ments, traffic composition, complexity, meteoro­ the Governor for permission to land outside logical and topographical conditions and the geo­ approved landing sites or in the terrain. graphical location of the airport. The Civil Aviation Authority has undertaken such an assessment and decided that with the current traffic situation there 11.3.4 Evaluations and measures is insufficient need to require the establishment of Recent trends also show an increase in air trans­ an air traffic control service at Svalbard Airport. port to and from Svalbard, and in the archipelago in general. At the same time, climate models show that Svalbard is one of the areas in the world where 11.3.3 Helicopter traffic the temperature is expected to rise the fastest as a Helicopter traffic constitutes an important part of result of climate change. One consequence of tem­ the air traffic in Svalbard. Two companies, one perature fluctuations is that Svalbard will see more Norwegian and one Russian, currently have heli­ local fog. Over time, the change could conse­ copters stationed in Svalbard. quently entail a need for increased safety meas­ The Norwegian company Airlift AS provides ures, e.g. in the form of air traffic control services helicopter services for the Governor of Svalbard and radar installations. under a separate agreement. Under the agree­ ment, Airlift AS provides two helicopters for the use of the Governor. They may also be leased by 11.4 Civil protection, rescue other parties when the Governor does not need and emergency preparedness them. During the summer months, Airlift AS also operates other helicopters for clients in Svalbard, The office of the Governor is the central body for e.g. Store Norske Spitsbergen Kulkompani AS and planning and crisis management in the area of civil the Norwegian Polar Institute. protection and emergency preparedness in Sval­ 2008– 2009 Report No. 22 to the Storting 123 Svalbard

planning and crisis management. An important ele­ Box 11.1 Cooperation principle in ment of this is the preparation of an updated risk Norwegian rescue service and vulnerability analysis, which is scheduled for completion at the end of 2009. The Government is The fundamental idea is that it should be pos­ considering forwarding a proposal on emergency sible to mobilise all emergency response preparedness requirements for the municipalities resources in Norway – state, county, munici­ in the spring of 2009, with implementation in 2010. pal, private and voluntary – to save lives. The Regulations on emergency preparedness require­ public rescue service is thus organised as a ments for the Longyearbyen Community Council collaboration of a number of public agencies, will likely take effect somewhat later. private and voluntary organisations. However, following the initiative of the Gover­ Even though most public agencies have nor a special emergency response council has been established with a view to performing already been established for Svalbard, patterned other primary tasks, many will still be able to after the county emergency response councils on provide important efforts in the rescue serv­ the mainland. The council has members from the ice. largest and most relevant players in the context of This means that public activities not only emergency preparedness. With the same mem­ cover their own expenses in connection with a bers, the emergency preparedness council will rescue action, but also provide various con­ also function as a nuclear emergency prepared­ sulting functions and rescue-related data etc. ness committee. The Governor also heads the oil free of charge for the use of the Joint Rescue spill prevention committee for Svalbard. Coordination Centre and the Rescue Sub-Cen­ The Police emergency response system was tres. The operating expenses of private com­ introduced on 1 July 2007. As a result all police dis­ panies and voluntary organisations are tricts on the mainland are in the process of review­ compensated according to agreement. ing and adjusting their emergency plans in accord­ ance with the new national template. In his role as both county governor and chief of police the Gov­ ernor of Svalbard will use this concept where it is bard. However, other central and local agencies feasible, and also adopt what is practical and sensi­ and undertakings also have responsibilities and ble on the basis of the special circumstances pre­ tasks. vailing in the archipelago. The role of the Governor in civil protection and emergency planning work is specified in Royal Decree of 18 April 2008, “Instructions for civil pro­ 11.4.1 Norwegian rescue service tection and emergency planning work for county The rescue service is understood to mean publicly governors and the Governor of Svalbard.” The organised and immediate efforts that require coor­ instructions, which specify the responsibilities of dination to save people from death or injury result­ county governors for civil protection and emer­ ing from accidents or dangerous situations, and gency planning, establish that the Governor of which are not specifically met by established bod­ Svalbard, who has the same authority as a county ies or by special measures. The service is inte­ governor on the mainland, has overarching grated, i.e. it covers all types of rescue missions responsibility for civil protection and emergency (sea, land and air rescue). Irrespective of the type planning in the archipelago. This means that the of incident the same organisation (function) will Governor of Svalbard, like county governors on take care of land rescues, sea rescues and air res­ the mainland, has duties relating to coordination, cues in cooperation with a number of players (see information, guidance and planning of the work of box 11.1). other bodies in this area, and for his office’s activi­ The Norwegian rescue service is unique from ties relating to planning for and taking charge of an international perspective. It is sensibly based on crisis situations. Norwegian traditions, infrastructure and settle­ Because the administrative situation in Sval­ ment patterns. Norway’s completely integrated bard is different from the mainland, the instruc­ service and strong emphasis on cooperation, with tions apply to the Governor as appropriate. Work is extensive voluntary efforts, is a cost-effective sys­ now taking place on clarifying roles and responsi­ tem that cannot be compared with the organisation bilities for the various local bodies with respect to of rescue services in any other country. 124 Report No. 22 to the Storting 2008– 2009 Svalbard

are normally posted to the Office of the Governor 11.4.2 Organisation of the public at the same time as an on-scene incident com­ rescue service mander is sent to the relevant area or accident site. The Ministry of Justice has the overriding admin­ The resources available include a large number istrative responsibility for coordinating land, sea of well-equipped snowmobiles, two tracked vehi­ and air rescue services and provides guidelines. cles and field equipment as needed. In addition, Norway is obliged under UN conventions to estab­ there is an extensive VHF-based communications lish a rescue service and provide search and res­ network that forms the basis for operations com­ cue services in a specified geographic area. This munications during missions. The Governor works obligation has been met by the establishment of closely with Longyearbyen Red Cross Rescue two Joint Rescue Coordination Centres. In addi­ Team and Airlift AS, which operates the Gover­ tion, 28 Rescue Sub-Centres, including the Gover­ nor’s two service helicopters. The crews undergo nor of Svalbard, have been established to provide regular training and take inspection and reconnais­ rescue services in current police districts. The sance tours to stay updated on snow and ice condi­ core of the rescue service on land comprises the tions. The Red Cross is organised into glacier, ava­ three emergency services: police, fire and ambu­ lanche and vehicle groups, each of which has state­ lance. Together with voluntary organisations and of-the-art expertise in its area. Regular exercises other public and private entities, they provide serv­ and courses are held and in advance of each season ices at the accident site. there is a Red Cross avalanche seminar that runs As the chief of police, the Governor heads the over several days in which the Governor is highly Rescue Sub-Centre under the command of the involved. Several exercises are also held each year Joint Rescue Coordination Centre Northern Nor­ in which personnel from the Governor’s police way in Bodø (JRCC-NN). The fundamental princi­ department and members of Longyearbyen Red ples for the rescue service also apply to Svalbard. Cross work side by side in their respective func­ The Governor works with a number of bodies in tions. The Governor’s helicopters are also a very Longyearbyen and in the other settlements. They important resource that is used when possible in include Longyearbyen Red Cross, Longyearbyen all types of missions. However, rescue missions on Hospital, Longyearbyen Fire Brigade, Avinor, land often take place on days and at times where Store Norske Spitsbergen Kulkompani AS, Kings the response capability of helicopters is limited by Bay AS, Trust Arktikugol, plus other local and cen­ weather conditions. Co-training with the crews at tral players. the Governor’s office and Red Cross, where Airlift The rescue plan of the Governor of Svalbard is is used in a logistics context, is therefore impor­ based on the model plan for rescue services in Nor­ tant. way and is regularly updated in line with new expe­ Emergency preparedness is adapted to the risk rience and social changes. The plan covers inci­ assessment that exists at all times. The past ten dents and accidents at sea, on land and in connec­ years have witnessed a change in the direction of tion with aviation. The Governor has also organised tours with guide, and private tours go to established a plan for acute pollution, nuclear acci­ areas previously regarded as difficult to access. A dents and pandemics, plus a general crisis manage­ good example of this is that a trip to the east coast ment plan in addition to other emergency response of Spitsbergen used to be considered an expedi­ plans. tion, whereas today it is regarded as feasible for In a thinly populated country such as Norway most people. Better equipment in such as snowmo­ with its huge land and ocean areas, it is neither pos­ biles and navigation equipment are the main rea­ sible nor practical to build special permanent res­ sons for this. cue forces. Instead, the resources that are available are used, whether they are public, voluntary or pri­ vate. The resources are used at the request and 11.4.4 Maritime rescue resources management of the Joint Rescue Coordination At sea, the Governor’s service vessel, the M/S Centre or a Rescue Sub-Centre. Nordsyssel, is a very important resource. In 2002, the Governor signed a contract to lease the vessel for approximately 7 months of the year. The vessel 11.4.3 Rescue resources on land is adapted to the needs of the Governor and is In his capacity as the head of a Rescue Sub-Centre, equipped for use in the rescue service. M/S the Governor heads and coordinates all rescue Nordsyssel has high-speed light boats on board, a missions on land throughout the archipelago. Staff staff room, meeting room, modern communica­ 2008– 2009 Report No. 22 to the Storting 125 Svalbard

Figure 11.2 MS Nordsyssel and the Governor’s service helicopter. Photo: Halvard R. Pedersen, the Governor of Svalbard tions and navigation systems and sleeps 20 per­ dent the Governor, in cooperation with the Norwe­ sons. The vessel has a helicopter pad, oil pollution gian Polar Institute, initiated a study to determine equipment and has a reinforced hull for navigating a safe distance to glaciers that calve. Based on the in icy waters. The vessel is highly functional for the report completed in the autumn of 2008, the mini­ use and needs of the Governor. The Governor also mum distance to glaciers should be 200 metres. has many high-speed small boats, one of which is defined as a duty boat that is easily accessible for rapid deployment in Isfjord. 11.4.5 Rescue resources in the air In recent years the Governor has increased his The Governor’s helicopter service is a key element emergency response capacity at sea. Several small of the overall rescue preparedness in Svalbard. boats have been purchased and M/S Nordsyssel The Governor leases two service helicopters, an has more capacity than the Governor’s previous AS 332L AWSAR Super Puma helicopter and an AS service vessel. The Armed Forces will support the 365N2 Dauphin helicopter, under a separate agree­ Governor with the resources available in the area ment with the helicopter company Airlift AS. The at all times. The Coast Guard represents a very Super Puma rescue helicopter has been regularly important supplementary resource to the Gover­ upgraded with modern equipment and is highly nor’s rescue preparedness. The Governor and the practical and adapted to the special conditions with Coast Guard work closely together and coopera­ respect to climate, weather, darkness and type of tion is maintained by several meetings over the mission. In 2004 the helicopter base in Svalbard course of the year. was equipped with a Dauphin back-up helicopter, The increased cruise tourism also increases replacing the former Bell 212 helicopter. the risk of accidents at sea. In the summer of 2007 The Dauphin helicopter does not have the a vessel was close to a glacier in Hornsund when same capacity as the Super Puma helicopter when the glacier calved, throwing ice and water over the it comes to de-icing equipment and range. How­ boat. Eighteen tourists were injured. After the acci­ ever, the helicopter is vital for other rescue, cargo 126 Report No. 22 to the Storting 2008– 2009 Svalbard and supervisory assignments that cannot be Preparedness at sea around Svalbard consists served by the Super Puma helicopter. as mentioned of the Coast Guard and the Gover­ The Office of the Governor carries out between nor’s service vessel. In the current situation, the 50 and 60 search and rescue missions and ambu­ Governor is without a service vessel from Decem­ lance calls during the year. Together with the heli­ ber to the end of April. During this period the pub­ copters of the Coast Guard and the 330 squadron lic preparedness at sea is solely based on the pre­ on Banak (Sea King), the Office of the Governor sence of the Coast Guard. As a result of the melt­ constitutes the overall rescue preparedness in down of sea-ice and increased traffic in the waters Svalbard and in adjacent ocean areas. The Armed of Svalbard and the Arctic Ocean in general, the Forces’ helicopters and air resources are used Government believes that an extension of the sail­ when available in cooperation with the Joint Res­ ing period of the Governor’s service vessel should cue Coordination Centre and the Governor as the be considered in order to ensure better prepared­ Rescue Sub Centre. ness. The helicopters are also able to utilise the fuel The Coast Guard contributes considerable depots deployed in a number of places in the archi­ capacity to search and rescue operations, and the pelago, which gives them a greater operating Government will consider bolstering the presence range. Furthermore, AS Lufttransport operates a of the Coast Guard in the ocean areas of the north. Dornier aircraft for commercial flights in Svalbard. Cooperating with other states on rescue opera­ This is a long-range aircraft which can be and has tions can also be important in areas where there been used successfully, for example, for searching are long distances and few rescue resources. Nor­ for ships in distress. The Governor has installed a way has many multilateral and bilateral agree­ communications base in this aircraft which makes ments on search and rescue and is evaluating the it possible to communicate within areas that are need to enter into more agreements in the future. not normally covered by the Governor’s regular In the context of the Arctic Council challenges con­ communications network. This aircraft also has nected with sufficient rescue preparedness have equipment for flying out a rescue drop-kit to a ship been pointed out in the “Arctic Marine Shipping in distress. Assessment – AMSA” report. In addition, the pro­ posal has been made to develop a Memorandum of Understanding for rescue cooperation between 11.4.6 Assessments Arctic states to strengthen the handling of rescue In light of the increase in activities outlined above, operations in Arctic waters. This proposal was pre­ it is important that the preparedness at sea and in sented to the April 2009 ministerial meeting of the the air match the level of activity. There is reason Arctic Council in Tromsø. to believe that the Governor, as the leader of the Rescue Sub-Centre, will be even more important in the future in this work. 2008– 2009 Report No. 22 to the Storting 127 Svalbard

12 Administrative and economic consequences

Three comprehensive Reports to the Storting on specification and implementation of the measures Svalbard have been published previously. The pre­ mentioned in the report, in connection with the vious comprehensive Report to the Storting on annual budget proposals. Svalbard (Report No. 9 (1999–2000), Svalbard) was submitted in 2000 so that a new ten-year mile­ stone is approaching. The Government therefore The Ministry of Justice and the Police decided in December 2007 to commence work on a new Report to the Storting. The objective of the hereby recommends: report is not only to capture the developments of the last ten years but to also put them into context the Recommendation from the Ministry of with the Government’s policy on the High North. Justice and the Police concerning Svalbard dated The Government will return with proposals on 17 April 2009 be submitted to the Storting. Report No.Report 22 (2008–2009) to the Storting Report No. 22 (2008–2009) to the Storting

Published by: Norwegian Ministry of Justice and the Police Svalbard

Internet address: www.government.no

Cover illustration: Norwegian Polar Institute 2009

Printed by: 07 Aurskog AS – 03/2010 Svalbard

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