Regulations concerning establishment of bird sanctuaries and major nature conservation areas in Svalbard

Regulations concerning establishment of bird sanctuaries and
major nature conservation areas in Svalbard
Laid down by the Royal Decrees of 1 June and 11 October 1973. Submitted by the Ministry of the Environment.
Additional authority: Sections 12, 16, 17, 21, 22, 39, 42, 99 and 102 of the Act of 15 June 2001 No. 79 relating
to the protection of the environment in Svalbard (Svalbard Environmental Protection Act).
Amended by the Regulations of 13 December 1985 No. 2099, 15 May 1992 No. 329, 28 June 2002 No. 689, 19
December 2003 No. 1589, 1 June 2007 No. 571, 12 December 2008 No. 1346, 4 September 2009 No. 1146, 19
November 2010 No. 1457.
                                                        I
Pursuant to section 4 of the Act of 17 July 1925 No. 11 relating to Svalbard, from 1 July
2002, pursuant to sections 12, 16, 17, 21, 22, 39, 42 and 99, cf. section 102, of the Act of 15
June 2001 No. 79 relating to the protection of the environment in Svalbard, cf. article 2 of the
Treaty of 9 February 1920 relating to Spitsbergen, three national parks, two nature reserves
and 15 bird sanctuaries shall be established in Svalbard in accordance with and with
delimitations as indicated in the appended provisions.
Amended by the Regulations of 28 June 2002 No. 689 (in force from 1 July 2002), 4 September 2009 No. 1146
(in force from 1 January 2010).
                                                       II
Repealed by the Regulations of 19 December 2003 No. 1589 (in force from 1 January 2004).
                                                       III
Rights established pursuant to the Mining Code for Spitsbergen (Svalbard) of 7 August 1925
in the areas protected shall continue to apply if the protection is revoked within 20 years
following entry into force. No new mining rights may be acquired in protected areas, and
prospecting for minerals and rocks pursuant to the Mining Code is not permitted.
                                                       IV
These Regulations shall enter into force on 1 July 1973. At the same time, the Royal Decree
of 23 April 1971 relating to temporary protection of Kong Karls Land is repealed.
 V – Provisions for Sør-Spitsbergen National Park, Forlandet National Park, Nordvest-
   Spitsbergen National Park, Nordaust-Svalbard Nature Reserve, Søraust-Svalbard
      Nature Reserve and 15 bird sanctuaries along the west coast of Spitsbergen.
I. Delimitation and purpose
Amended by the Regulations of 28 June 2002 No. 689 (in force from 1 July 2002) and 19 December 2003 No.
1589 (in force from 1 January 2004).
1. Sør-Spitsbergen National Park
A) Delimitation
The national park comprises Wedel Jarlsberg Land, Torell Land and Sørkapp Land and the
surrounding territorial waters.
The boundary extends in straight lines from Ljosodden across the top of Volkovitsfjellet to
the most easterly bay of Van Keulenfjorden, and then in straight lines in Van Keulenfjorden
through the positions 77° 28’ N 16° 10’ E, 77° 32.5’ N 15° 50’ E, 77° 38.501’ N 13° 33.291’
E and 77° 32.986’ N 12° 53.169’ E along the territorial boundary, then follows this round
Sørkapp and then northwards towards Storfjorden to position 77° 15.894’ N 18° 23.821’ E on

the territorial boundary and in straight lines to position 77° 19.182’ N 18° 26.79’ E and back
to Ljosodden.
The boundary description refers to the Norwegian Polar Institute’s map series, Svalbard
1:250 000.
B) Purpose
The purpose of the protection is to conserve a large, continuous and mainly undisturbed
natural area of land and sea with intact biotypes, ecosystems, species, natural ecological
processes, landscape elements, cultural remains and cultural environments as a reference area
for research and for experience of Svalbard’s natural and cultural heritage, including the
securing of:
 an area of magnificent scenery with characteristic pointed (alpine) mountain formations,
  coastal plains and glaciers
 a number of large and small nesting locations for seabirds (bird cliffs) and nesting and
  overwintering areas for ducks (particularly eiders) and major habitats for polar bears
 important cultural remains and cultural environments from the whaling era, overwintering
  trapping, mining, tourism, research and World War II.
Amended by the Regulations of 28 June 2002 No. 689 (in force from 1 July 2002) and 19 December 2003 No.
1589 (in force from 1 January 2004).
2. Forlandet National Park
A) Delimitation
The national park comprises Prins Karls Forland and the surrounding territorial waters.
The boundary extends to the west along the territorial boundary to position 78° 0.026’ N 12°
30.799’ E and continues in a straight line to position 78° 11.971’ N 12° 32.165’ E (the
midpoint on the baseline between baseline points 109 and 110), in straight lines in
Forlandssundet through positions 78° 30’ N 12° 0’ E, 78° 42’ N 11° 20’ E to 78° 50’ N 11°
20’ E, and continues in straight lines to position 79° 0.258’ N 10° 47.627’ E (the midpoint on
the baseline between baseline points 118 and 119) and to position 79° 8.583’ N 10° 0.353’ E
on the territorial boundary.
The boundary description refers to the Norwegian Polar Institute’s map series, Svalbard
1:250 000.
B) Purpose
The purpose of the protection is to conserve a large, continuous and mainly undisturbed
natural area of land and sea with intact biotypes, ecosystems, species, natural ecological
processes, landscape elements, cultural remains and cultural environments as a reference area
for research and for experience of Svalbard’s natural and cultural heritage, including the
securing of:
 an island with a characteristic chain of mountains with pointed (alpine) mountains and a
  large strandflat
 well developed rock glaciers and tundra formations
 a number of large and small nesting locations for seabirds (bird cliffs) and a core area for
  the world’s northernmost population of harbour seals

                                                  –2–

 important cultural remains and cultural environments from the whaling era, overwintering
  trapping and searching for minerals.
Amended by the Regulations of 28 June 2002 No. 689 (in force from 1 July 2002) and 19 December 2003 No.
1589 (in force from 1 January 2004).
3. Nordvest-Spitsbergen National Park
A) Delimitation
The national park comprises Moffen, Reinsdyrflya, Albert I Land and Haakon VII Land and
the surrounding territorial waters.
The boundary extends to the south in straight lines from the innermost bay of Woodfjorden
across the top of Laborfjellet, the most southerly peak of H.U. Sverdrupfjella, Grimalditoppen
to Kapp Guissez. From here, in straight lines through position 79° 0.258’ N 10° 47.627’ E
(the midpoint on the baseline between baseline points 118 and 119) to position 79° 8.583’ N
10° 0.353’ E on the territorial boundary and then along this northwards and eastwards to 80°
14.766’ N 15° 0’ E, then southwards along 15° 0’ E to position 80° 6.772’ N 15° 0’ E and
from here in straight lines in Woodfjorden through the positions 79° 32’ N 13° 38’ E and 79°
20’ N 14° 2’ E back to the innermost bay of Woodfjorden.
The boundary description refers to the Norwegian Polar Institute’s map series, Svalbard
1:250 000.
B) Purpose
The purpose of the protection is to conserve a large, continuous and mainly undisturbed
natural area of land and sea with intact biotypes, ecosystems, species, natural ecological
processes, landscape elements, cultural remains and cultural environments as a reference area
for research and for experience of Svalbard’s natural and cultural heritage, including the
securing of:
 an area of magnificent scenery with characteristic pointed (alpine) mountain formations,
  islands and sounds, the largest strandflat in Svalbard (Reinsdyrflya) and many large and
  small glaciers
 areas with interesting geology, particularly the area by Bockfjorden with thermal springs
  and associated carbonate deposits and remains of former volcanoes
 a unique botanical location associated with the thermal springs by Bockfjorden
 a number of large and small nesting locations for seabirds (bird cliffs) and nesting grounds
  for ducks, geese and waders
 important cultural remains and cultural environments from the whaling era, overwintering
  trapping, polar expeditions and World War II.
Amended by the Regulations of 28 June 2002 No. 689 (in force from 1 July 2002) and 19 December 2003 No.
1589 (in force from 1 January 2004).
4. Nordaust-Svalbard Nature Reserve
A) Delimitation
The reserve comprises Kvitøya, Kong Karls Land and Nordaustlandet and the surrounding
islands and territorial waters, and the land on the west side of Hinlopenstredet.
In the west, the boundary is formed by straight lines from position 79° 54’ N 16° 48’ E of
Sorgfjorden directly north of position 80° 18.943’ N 16° 48’ E on the territorial boundary and
south-eastwards to the most southerly bay in Sorgfjorden. It then continues by straight lines

                                                  –3–

across the top of Svingfjellet to Kapp Mühry, then in straight lines to position 78° 39.697’ N
21° 24.672’ E and position 78° 39.938’ N 22° 51.618’ E on the territorial boundary and
further along this. Round Kvitøya and Kong Karls Land, the boundary follows the territorial
boundary.
The boundary description refers to the Norwegian Polar Institute’s map series, Svalbard
1:250 000.
B) Purpose
The purpose of the protection is to conserve a large, continuous and mainly undisturbed
natural area of land and sea with intact biotypes, ecosystems, species, natural ecological
processes, landscape elements and cultural remains as a reference area for research, including
the securing of:
 an area of magnificent scenery, characterised by the largest glaciers in Svalbard and a
  number of large and small fjords and peninsulas
 a number of small nesting locations for seabirds (bird cliffs), nesting grounds for brent
  goose, haul-out and birthing sites for walrus and habitats for polar bears
 many lakes with Arctic char, particularly land-locked char
 important cultural remains from the whaling era, overwintering trapping, polar expeditions,
  research and World War II.
Amended by the Regulations of 28 June 2002 No. 689 (in force from 1 July 2002) and 19 December 2003 No.
1589 (in force from 1 January 2004).
5. Søraust-Svalbard Nature Reserve
A) Delimitation
The reserve comprises Barentsøya and Edgeøya and the surrounding islands and territorial
waters, including Kükenthalvøya, Ryke Yseøyane, Halvmåneøya and Tusenøyane.
In the north, the boundary extends along the median line of Heleysundet to position 78° 33’ N
20° 0’ E. From here, it extends directly south to position 78° 6.879’ N 20° 0’ E, and then in a
straight line through position 77° 36.002’ N 19° 37.609’ E to position 77° 22.709’ N 19°
43.982’ E on the territorial boundary and further along this round Edgeøya, Tusenøyane,
Ryke Yseøyane and Barentsøya (with Halvmåneøya) to position 78° 39.938’ N 22° 51.618’ E
on the territorial boundary and from there in a straight line to the median line of Heleysundet,
position 78° 39.666’ N 21° 18.943’ E.

The boundary description refers to the Norwegian Polar Institute’s map series, Svalbard
1:250 000.
B) Purpose
The purpose of the protection is to conserve a large, continuous and mainly undisturbed
natural area of land and sea with intact biotypes, ecosystems, species, natural ecological
processes, landscape elements and cultural remains as a reference area for research, including
the securing of:
 two large islands with characteristic plateau landscape and many small islands
  (Tusenøyane)
 nesting locations for seabirds (bird cliffs), nesting areas for brent goose, haul-out and
  birthing sites for walrus and habitats for polar bears

                                                  –4–

 habitats for large stocks of Svalbard reindeer
 important cultural remains and cultural environments from the whaling era and
  overwintering trapping.
Amended by the Regulations of 28 June 2002 No. 689 (in force from 1 July 2002) and 19 December 2003 No.
1589 (in force from 1 January 2004).
6. The bird sanctuaries
A) Delimitation
1. Sørkapp Bird Sanctuary comprises Sørkappøya and other islands and skerries south-east
   of Øyrlandet.
2. Dunøyane Bird Sanctuary comprises all islands and skerries west of Dunøysundet.
3. Isøyane Bird Sanctuary comprises Nordre Isøya and Isøykalven.
4. Olsholmen Bird Sanctuary comprises Olsholmen.
5. Kapp Linné Bird Sanctuary comprises the area west of the line from Randvika to the
   south-east end of Fyrstesjøen except the station area of Isfjord Radio. This area will be
   clearly delimited by means of marking in the field.
6. Boheman Bird Sanctuary comprises the small islands south of Boheman-flya.
7. Gåsøyane Bird Sanctuary comprises Gåsøyane.
8. Plankeholmane Bird Sanctuary comprises Plankeholmane.
9. Forlandsøyane Bird Sanctuary comprises Forlandsøyane.
10. Hermansenøya Bird Sanctuary comprises Hermansenøya.
11. Kongsfjorden Bird Sanctuary comprises Mietheholmen, Prins Heinrichøya, Lovenøyane
    and Eskjeret.
12. Blomstrandhamna Bird Sanctuary comprises the islet in the harbour of Blomstrandhamna.
13. Guissezholmen Bird Sanctuary comprises the islets outside Kapp Guissez.
14. Skorpa Bird Sanctuary comprises the islets outside Harpunodden.
15. Moseøya Bird Sanctuary comprises Moseøya.
The bird sanctuaries include the sea surrounding the islands to a distance of 300m from land
or skerries at low tide.
B) Purpose
The purpose of the protection is to secure an important nesting area for birds, particularly
eiders and geese.
Amended by the Regulations of 28 June 2002 No. 689 (in force from 1 July 2002).
II. Provisions concerning protection, etc.
1. The national parks
a. These areas shall be protected against all technical interventions, such as erection of
   buildings and installations of any kind, mining, drilling for oil and operation of oil wells,
   quarries and other activities involving physical alteration of the terrain or disturbance of
   the natural environment.

                                                   –5–

The seabed shall be protected against fishing or harvesting by diving or by means of
     bottom trawls or dredgers. Trawling for prawns is permitted in waters with depths of
     100m or more.
         These provisions shall not preclude installation, supervision, maintenance and
     operation of Decca stations (on Sørkappøya and at Salpynten) or other terrestrial
     navigation aids (lights, beacons, etc.). Design, construction, supervision and maintenance
     of these shall be carried out in consultation with the Governor of Svalbard.
b. Emptying waste is prohibited. Substances and objects that may be harmful to flora and
   fauna or that may be unsightly must not be emptied or left behind.
c. Mammals and birds and their lairs and nests shall be protected against damage and
   disturbance of any kind.
        The provisions of the first paragraph shall not preclude hunting of non-indigenous sea
     mammals regulated in accordance with regulations issued by the Ministry of Fisheries
     and Coastal Affairs.
         New species must not be introduced.
d. Plants and fossils must not be removed, and shall be protected against damage and
   destruction of any kind not brought about by normal traffic. New plant species must not
   be introduced.
e. Use of all-terrain vehicles and landing of aircraft are prohibited. The Governor of
   Svalbard may in consultation with the Ministry issue provisions concerning the lowest
   permitted altitude for overflight and concerning sea traffic.
        The prohibitions of the preceding paragraph shall not apply to inspection, police,
     rescue or ambulance operations.
f.   For ships calling at the national parks, it is not permitted to carry or use other than DMA
     grade fuel in accordance with ISO 8217 Fuel Standard with the exception of the shortest
     safe route through:
         the north-western part of Sør-Spitsbergen National Park for sailing to and from
          Sveagruva
         the northern part of Forlandet National Park and the southern part of Nordvest-
          Spitsbergen National Park for sailing to and from Ny-Ålesund until 1 January 2015
         Nordvest-Spitsbergen National Park for sailing to and from Magdalenefjorden until 1
          January 2015.
g. Disembarkation and traffic on land is prohibited throughout the year in specifically
   delimited areas as shown on the appended map of automatically protected cultural
   remains on Ytre Norskøya and at Likneset, Ebeltofthamna and Lægerneset.
h. Exceptions
     The Governor of Svalbard may in consultation with the Ministry permit:
     1. Erection, repair and maintenance of living quarters for inspection operations and
        simple general purpose accommodation.
     2. Hunting of ptarmigan by residents of Svalbard in accordance with current provisions.
     3. Use of all-terrain vehicles in specified routes by residents of Svalbard.
     4. Scientific research that does not conflict with the purpose of the national park.

                                               –6–

5. Other dispositions when special grounds so indicate, and this would not conflict with
       the purpose of the national park.
Amended by the Regulations of 12 December 2008 No. 1346, 4 September 2009 No. 1146 (in force from 1
January 2010).
2. Nordaust-Svalbard Nature Reserve and Søraust-Svalbard Nature Reserve
a. These areas shall be protected against all technical interventions, such as erection of
   buildings and installations of any kind, mining, drilling for oil and operation of oil wells,
   quarries and other activities involving physical alteration of the terrain or disturbance of
   the natural environment. The seabed shall be protected against fishing or harvesting by
   diving or by means of bottom trawls or dredgers. Trawling for prawns is permitted in
   waters with depths of 100m or more.
        These provisions shall not preclude installation of terrestrial navigation aids (lights,
   beacons, etc.). Design, construction, supervision and maintenance of such installations
   shall be carried out in consultation with the Governor of Svalbard.
b. Emptying waste is prohibited. Substances and objects that may be harmful to flora and
   fauna or that may be unsightly must not be emptied or left behind.
c. Mammals and birds and their lairs and nests shall be protected against damage and
   disturbance of any kind.
       The provisions of the first paragraph shall not preclude hunting of non-indigenous sea
   mammals regulated in accordance with regulations issued by the Ministry of Fisheries and
   Coastal Affairs.
        New species must not be introduced.
d. Plants and fossils must not be removed and shall be protected against damage and
   destruction of any kind not brought about by normal traffic. New plant species must not be
   introduced.
e. Use of all-terrain vehicles and landing of aircraft are prohibited. The Governor of Svalbard
   may in consultation with the Ministry issue provisions concerning the lowest permitted
   altitude for overflight and concerning sea traffic.
       The prohibitions of the preceding paragraph shall not apply to inspection, police,
    rescue or ambulance operations.
f. With the exception of passage in Hinlopenstredet, Heleysundet and Freemansundet, the
   Governor of Svalbard may in consultation with the Ministry prohibit all traffic on land or
   sea when deemed necessary for protection of cultural remains and flora or fauna.
g. For ships calling at the reserve, it is not permitted to carry or use other than DMA grade
   fuel in accordance with ISO 8217 Fuel Standard.
h. For ships calling at the reserve, the number of passengers carried may not exceed 200.
i. The Governor of Svalbard may in consultation with the Ministry permit:
   1.   Erection, repair and maintenance of necessary living quarters for emergency stations
        and inspection operations.
   2.   Use of all-terrain vehicles by residents of Svalbard along a specified alignment at Ny
        Friesland.
   3.   Scientific research, that does not conflict with the purpose of the nature reserves.

                                                  –7–

4.   Other dispositions when special grounds so indicate and this would not conflict with
        the purpose of the nature reserves.
j. Disembarkation and traffic on land is prohibited throughout the year in specifically
   delimited areas as shown on the appended map in the vicinity of automatically protected
   cultural remains at Habenichtbukta, on Zieglerøya/Delitschøya/Spekkholmen and nearby
   islets and skerries, at Haudegen and on Halvmåneøya.
Amended by the Regulations of 1 June 2007 No. 571, 12 December 2008 No. 1346, 4 September 2009 No. 1146
(in force from 1 January 2010) and 19 November 2010 No. 1457.
3. Bird sanctuaries
a. These areas shall be protected against all technical interventions, such as erection of
   buildings and installations of any kind, mining, drilling for oil and operation of oil wells,
   quarries and other activities involving physical alteration of the terrain or disturbance of
   the natural environment. The seabed shall be protected against fishing or harvesting by
   diving or by means of bottom trawls or dredgers. These provisions shall not preclude
   installation, supervision, maintenance and operation of the Decca station on Sørkappøya or
   other terrestrial navigation aids (beacons, lights, etc.). Design, construction, supervision
   and maintenance of these shall be carried out in consultation with the Governor of
   Svalbard.
b. Emptying waste is prohibited. Substances and objects that may be harmful to flora and
   fauna or that may be unsightly must not be emptied or left behind.
c. Mammals and birds and their lairs and nests shall be protected against damage and
   disturbance of any kind. New species must not be introduced.
d. Plants and fossils must not be removed and shall be protected against damage and
   destruction of any kind not brought about by normal traffic. New plant species must not be
   introduced.
e. All traffic, including sea traffic and aircraft landing shall be prohibited during the period
   from 15 May to 15 August. The Kapp Linné Bird Sanctuary, for which the Governor of
   Svalbard in consultation with the Ministry may issue special access provisions, is excepted
   from this provision.
       The access prohibition shall not apply to inspection, police, rescue or ambulance
   operations.
f. Exceptions
        The Governor of Svalbard may in consultation with the Ministry permit:
   1.   Scientific research, that does not conflict with the purpose of the bird sanctuaries.
   2.   Other dispositions when special grounds so indicate and this would not conflict with
        the purpose of the bird sanctuaries.
III. Administration
1. These provisions are under the jurisdiction of the Ministry of the Environment.
2. The Governor of Svalbard shall ensure that these provisions are made known, supervise
   compliance with them and otherwise take the measures he deems appropriate in ensuring
   achievement of the objectives of these provisions.

                                                 –8–

IV. Criminal liability
Any person who wilfully or negligently violates provisions laid down in or pursuant to these
Regulations shall be liable to fines or imprisonment for a term not exceeding one year. If a
risk of substantial environmental damage has occurred or been caused or if there are
especially aggravating circumstances, a term of imprisonment not exceeding three years may
be imposed.
Any person who aids and abets such an offence shall be liable to the same penalty.
Amended by the Regulations of 28 June 2002 No. 689 (in force from 1 July 2002).

                                                   –9–

Annexes

Added by the Regulations of 19 December 2003 No. 1589 (in force from 1 January 2004).

                                       – 10 –

Added by the Regulations of 4 September 2009 No. 1146 (in force from 1 January 2010).

                                       – 11 –

Added by the Regulations of 4 September 2009 No. 1146 (in force from 1 January 2010).

                                       – 12 –

Added by the Regulations of 4 September 2009 No. 1146 (in force from 1 January 2010).

                                       – 13 –

Added by the Regulations of 4 September 2009 No. 1146 (in force from 1 January 2010).

                                       – 14 –

Added by the Regulations of 4 September 2009 No. 1146 (in force from 1 January 2010).

                                       – 15 –

Added by the Regulations of 4 September 2009 No. 1146 (in force from 1 January 2010).

                                       – 16 –

Added by the Regulations of 4 September 2009 No. 1146 (in force from 1 January 2010).

                                       – 17 –

Added by the Regulations of 4 September 2009 No. 1146 (in force from 1 January 2010).

                                       – 18 –