Legal framework and policy in the field of environmental protection SIOS-Preparatory Phase Project Kick-off Meeting Clarion Hotel Oslo Airport, 14. October 2010 Fredrik Juell Theisen

2 Protection vs research in Svalbard: Interdependence or conflict? ….or both?

3 Aspiration of presentation: Present some aspects of policy and legal framework relevant to the planning and implementation of SIOS Provide some guidance to the further planning of SIOS with respect to activities and establishment of infrastructure outside the permanent settlements in Svalbard.

4 The sources of guidance: Legal framework: Act of 15 June 2001 No.79 Relating to the Protection of the Environment in Svalbard Protected areas and other environmental regulations (purpose of protection important) Policy: Report to the Storting No. 22 ( ) Svalbard IUCN objectives and guidelines for management of protected areas

5 The Svalbard Environmental Act § 1 (purpose of the Act) The purpose of this Act is to preserve a virtually untouched environment in Svalbard with respect to continuous areas of wilderness, landscape elements, flora, fauna and cultural heritage. Within this framework, the Act allows for environmentally sound settlement, research and commercial activities.

6 The Svalbard Environmental Act Principles regarding the exercise of authority § 7 (the precautionary principle) § 8 (overall environmental pressure) Any activity that is started in Svalbard shall be assessed on the basis of the overall pressure on the natural environment and cultural heritage that would result. § 10 (environmentally sound technology and factor inputs) Activities in Svalbard shall make use of the technology that puts the least possible pressure on the environment

7 Report to the Storting No. 22 ( ) Svalbard Main environmental objectives: Svalbard shall be one of the world’s best-managed wilderness areas Environmental considerations are to prevail in the event of a conflict between environmental targets and other interests The extent of wilderness areas in Svalbard shall be maintained Natural ecological processes and biodiversity must be allowed to evolve virtually undisturbed by human activities in Svalbard There shall be large and essentially pristine natural areas in Svalbard that meet the need for reference areas for climate and environmental research

8 Report to the Storting No. 22 ( ) Svalbard Potential conflict between research and conservation: “Traffic resulting from research must be assessed in light of the increases in other types of traffic, the ambitious environmental objectives for Svalbard, the management category and conservation objectives of individual areas and the scientific need for undisturbed natural environments.”

9 Management zoning and ”strictness”: 1.Nature reserves 2.National Parks from New national parks 4.Natural areas outside protected areas 5.Land-use planning areas surrounding settlements. Also spatial restriction on the use of snowmobiles to be considered.

10 Research in protected areas Activities in protected areas must not be in conflict with the objectives and provisions of the protection and should as a rule be limited to activities that cannot be performed elsewhere. At the same time, preservation of essentially untouched reference areas for research, is an important justification for the protection. For much of the archipelago, e.g. the two nature reserves in East Svalbard, this is the main objective of the protection.

11 Research in the Eastern Nature Reserves Research in Eastern Svalbard ought to be considered in the context of the eastern areas’ importance for climate research and future surveys. The eastern nature reserves in Svalbard are protected in order to preserve large, contiguous and essentially untouched reference areas for research. That entails that it ought to be possible to utilise the areas for research and monitoring in accordance with this objective. At the same time, traffic and other activities related to research in these areas should be limited to research that cannot be conducted in other places, that has special relevance and that does not result in impacts that may be in conflict with the objective of protecting these areas.

12 Control questions for planning of SIOS General: Is SIOS organized to minimize trafic, disturbance and environmental risks? Does SIOS deploy and contribute to the development of new methodologies that reduce the need for logistics, infrastructure and human presence? Are infrastructure and activities planned to minimize disturbance of pristine, ecological sensitive or protected areas? Could field research do without new permanent infrastructure outside existing settlements? Could this research be undetaken in a less sensitive area or in an area of less strict protection? Are there other activities or traffic in this area? Could research activities result in a too high overall pressure on the environment?

13 Control questions for planning of SIOS Particulary for Eastern Svalbard: Does this research require the qualities of an undisturbed reference area? Could this reserach contribute to the disturbance of such qualities? Could this research be conducted somewhere else?

14 Processes to sort out environmental issues Preparatory phase WGII: Norwegian Polar Institute will provide guidance in relation to environmental management and policy. The preparation of management plans for the protected areas will be an important tool. For Eastern Svalbard, this process starts now, and runs parallel to SIOS preparatory phase. The Governor of Svalbard is leading the process SIOS will be invited to participate as a stakeholder.

15 THANK YOU FOR YOUR ATTENTION!