Executive Officer, telephone number Our date Our reference Stein Byrkjeland, 5557 2114 19.07.2018 2018/9287 PrimKlass Your date Your reference 16.07.2018

Koole Contractors Att.: Jurgen Treffers

Hellisøy nature reserve, , - removal of the remnants of MV Server from the seabed

------Koole Contractors are authorized to remove the remnants of MS Server from the seabed within and around Hellisøy nature reserve, municipality in Hordaland county, Norway. Conditions specified below must be followed. ------

Koole Contractors are appointed to remove the remnants from the aft section of MV Server, still present on the seabed close to Hellisøy in Fedje municipality, . As the ship was wrecked in a Norwegian nature reserve, a dispensation from the established protection regulations is necessary, with reference to your application of 16.07.2018.

Background MV Server was stranded and wrecked in Fedje in January 2007. The accident caused severe oil spills and, as a consequence, a huge loss of wintering seabirds. The rear part of the vessel sunk, and has since remained on the seabed close to the shoreline of the island Hellisøy. Despite several initiatives from Norwegian authorities to have these remains removed, the wreck is still present. 11,5 years later it has now been decided to remove it, and Koole Contractors are appointed to handle the project.

As MV Server stranded in a seabird reserve with associated protection regulations established by a royal resolution from 1987, the planned work needs a formal dispensation from the protection regulations. According to section IV.3 in these regulations, any kind of pollution and disposal of waste is prohibited in the area. In this case, a wrecked ship is defined as waste, even if it ended up at the site unintentionally. Hence, its presence may be defined to be illegal by law, and the obvious consequence would be to remove it completely, even if expected costs are substantial. It has taken a long time to come to this conclusion, but we welcome the current initiative and will, as the authority of management for conservation areas in the region, provide the contractors with the necessary permits.

The nature reserve was affected by a large oil spill immediately after the wrecking, but the wreck has since been emptied of oil and other liquid chemicals. Hence, the expected level of new pollution related to the final removal of the aft section should be minimal.

Legislation Removing substantial amounts of metal and other waste from the seabed at a depth of approximately 23 metres below sea level is a large operation. Parts of the hull are situated within the borders of Hellisøy nature reserve. The operation in itself needs no permit from the nature reserve protection regulations, as the aim is to remove alien structures from a very vulnerable site. The wreck ended up here by an accident and would never have been allowed under ordinary circumstances, hence a complete removal is welcomed and in full accordance with the intention of the conservation of this area.

Fylkesmannen i Hordaland Miljøvern- og klimaavdelinga Postadresse: Postboks 7310, 5020 Bergen Kontakt: www.fylkesmannen.no/melding

Besøksadresse: Statens hus, Kaigaten 9, Bergen Nettside: www.fylkesmannen.no/hordaland Telefon: 55 57 20 00 Org.nr: 974760665

However, the protection rules also regulate access to the nature reserve in the breeding season. The area became protected due to a good and viable breeding colony of Herring Gulls and Greater Black- backed Gulls on this island during the 1980’s and 1990’s. According to section IV.4 any access to the area is prohibited during the period 15th April to 31th July, in order to provide good breeding conditions for the seabirds.

The area is extremely exposed to rough sea and course weather conditions, so weather dependant removal work cannot be executed outside the period of limited access alone. Hence, a dispensation from the protection rules is necessary.

Any decision affecting nature values in Norway must also be considered in relation to the basic environmental principles in the Nature Diversity Act §§ 8-12. This is done below.

Consideration The removal work is weather dependant and will go on in two phases: (1) From present date until September 2018, and (2) May - September 2019. Most of the work will thus be carried out during the ordinary breeding season for gulls in these parts of Norway.

As the effort takes place close to the seashore, the work would normally affect breeding conditions for seabirds in the area. However, this is not the case at present. Until year 2000 a population of 70-100 pairs of Herring Gulls and ca 20 pairs of Greater Black-backed Gulls used Hellisøy for breeding purposes. Since then the islands significance as a breeding site has gradually decreased. The breeding population counted only 10 pairs of Herring Gulls in 2005 and no Greater Black-backed Gulls at that time. Since MV Server went down in 2007 no gulls have used the site for breeding, and we have confirmed that this is also the case in 2018.

We cannot know what the situation in 2019 will be like, but if some gulls do return for breeding this year, they will most likely not be numerous. It is also likely that a small potential breeding colony will be concentrated to the upper parts of the island – if so, it will be in secure distance from any ongoing removal work.

Most of the work will take place from anchored vessels and a scrap barge. To secure and keep these in place, it is necessary to establish six strongpoints on land – three in the Hellisøy nature reserve, and the remaining three on the neighbouring island outside the reserve. The strongpoints are small and no dominating structures which can easily be removed after the operation.

We have no information of the need to use toxic substances during any part of the operation. Hence, the removal work should not cause any pollution. Remaining oil residues and toxic substances have already been extracted from the wreck, so any new pollution from the wreck is not expected.

Conclusion and conditions In conclusion, the County Governor of Hordaland issues the necessary permit to Koole Contractors to do what is necessary to remove the remaining parts of MV Server permanently from Hellisøy nature reserve, as described in the application from Koole Contractors dated 16th July 2016. This implies dispensation from (1) Section IV.3 in the nature reserve protection rules regarding establishment of necessary strongpoints along the shoreline in the nature reserve, and (2) Section IV.4 in the same protection rules regarding restricted access during the breeding time. The operation may be carried out with no notice to these regulations.

The project has also been considered in relation to §§ 8-12 in the Norwegian Nature Diversity Act. We have good current information on the situation for seabirds in the area, and are not able to see any negative effects on nearby breeding populations of seabirds or other wildlife or nature types. The long- term effects on wildlife should be positive, and the intention is in accordance with the Nature Diversity Act and Pollution Control Act, as with any other Norwegian environmental policy. Hence, we regard the demands following §§ 8-12 as fulfilled.

However, the following conditions will have to be fulfilled by the contractors:

2 (1) The permit is of limited validity and expires by the end of 2019, preferably by the end of September 2019 as stated by the contractors. (2) The planned onshore strongpoints may be established and used during the operation. These will have to be completely removed when the project is terminated. Already existing strongpoints from former securing activity in the area will also have to be removed by this time, as they still remain awaiting the final termination of the project. (Established strongpoints on the island with the lighthouse outside the nature reserve should also be removed, unless relevant official authorities objects to this. The County Governors authority is restricted to the area within the borders of the nature reserve). (3) In the unlikely event that removal of the wreck causes oil spills from undiscovered deposits, immediate action must be taken to prevent contamination to a wider area. The County Governor, the Norwegian Coastal Agency and Fedje municipality must be informed immediately. (4) The remains of MV Server will, when brought out of sea, be placed on a scrap barge and exported to a fully certified company in the Netherlands. This may possibly need a formal declaration from the Norwegian Environmental Agency. (We are informed that communication between the contractors and the agency has already been established). (5) No later than 10 days prior to planned termination the County Governor or Statens Naturoppsyn (ranger Anders Voss Thingnes, [email protected], tel +47 918 72 845) must be contacted to organize a final inspection. The contractors cannot leave the area before the work has been approved.

Appeal This decision is made by the relevant authority, but may be appealed by the licence holder or any relevant organization or authority, according to the rules in the Norwegian Public Authority Act (forvaltningsloven). Any appeal may be raised within 3 weeks after the decision is known, and should be addressed to Miljødirektoratet (The Norwegian Environmental Agency) but sent to Fylkesmannen i Hordaland (County Governor of Hordaland).

Yours sincerely

Sissel Storebø (sign.) Stein Byrkjeland (sign.) acting head of department deputy director

Copy: Kystverket Fedje kommune Statens Naturoppsyn Gard AS Koole Contracors att.: Jurgen W Treffers Gard v/ Per Martin Langaas Koole v/ Gijs Olsthoorn

3