What is happening in the Norwegian Climate Court Case?

On the 4th of January, we got a verdict in the court case against the Norwegian state for unconstitutional oil drilling in the Arctic Barents Sea.

Oslo District Court found that the Norwegian government was not responsible for breaching the Constitution. However, the Court found that the right to a healthy environment is protected by the Constitution and the Government must uphold these rights. That is a major victory in itself. 

But it doesn't end here. The Norwegian justice system goes higher than The District Courts. The next instance is The Court of Appeal, and at the top we find The Supreme Court. 

Tomorrow, the deadline for the appeal expires. Then, a decision will be made whether this should be taken higher in the Norwegian justice system. This will be announced during a press conference on Monday the 5th of February. This will be live streamed at Klimasøksmål Arktis facebook page at 11.00. 

Court processes are very expensive, and it is still possible to contribute until tomorrow on this page. 

As always, thank you for reading and caring about the environment. As David Attenborough says: ‘The Arctic is closer to our homes than we think.’

For the full verdict, follow this link. 

Norway just about to start its Arctic oil drilling

Yesterday marked a new step in race against Arctic oil drilling. As a long term reader of this blog, you might have followed the blog updates on how Arctic oil drilling, more specifically in the South-East Barents Sea, is extremely destructive for all life that lives there. We know both that seismic activity can be hazardous for marine life, and we definitely know that all oil and gass found in the Arctic must stay in the ground if we are to reach the 2 degree target. 

That is why it was particularly devastating yesterday, when Statoil, regardless of all climate recommendations, still went ahead and sent up its first oil rig, Songa Enabler, to drill for oil from now and all throughout the summer. This is part of what is called the 23rd concession round, where oil licences where handed out in the South-East Barents Sea. 

In Norway, we are so fortunate to have a constitution that speaks in quite strong language about how we want our climate to be. The wording of §112 sounds like this: 

'Every person has a right to an environment that is conducive to health and to a natural environment whose productivity and diversity are maintained. Natural resources should be managed on the basis of comprehensive long-term considerations whereby this right will be safeguarded for future generations as well. 

In order to safeguard their right in accordance with the foregoing paragraph, citizens are entitled to information on the state of the natural environment and on the effects of any encroachment on nature that is planned or carried out. 

The authorities of the State shall issue specific provisions for the implementation of these principles.' 

Because of the inconsistency between these words in our constitution and what our government is actually doing, and also the fact that our chosen politicians were just as quick to sign the Paris agreement as they were to hand out new oil licences, that is the reason why several Norwegian environmental organisations, lead by Greenpeace and Nature and Youth, are now suing the Norwegian state over Arctic oil drilling. The lawsuit agains the Norwegian state now has a court date, and it is set to the 13th of November. 

These are exciting times to be an environmentalist, even though Big Oil still hasn't realised its era is coming to a close. It is neither financially nor environmentally sound to invest in fossile fuels compared to renewable. 

Luckily, there are forces both within and outside of Norway that sees this, and hopefully this will win through in the court case against Arctic oil drilling. If you want to do more, please feel free to add your name to the lawsuit, as one of the over 8 million who supports this. 

As always, thank you for reading. <3

Remember, sharing is caring, and we collectively really need to care about the Arctic, because what happens in the Arctic doesn't stay in the Arctic. 

Final results and conclusions!

3.12 Current oil spill recovery systems for oil in ice

A study done in Canada by Look North named ‘Oil Spill Detection and Modelling in Hudson and Davis Straits’ (2014) summarizes how in most oil spill models available, sea ice is not a factor, and for the studies where it is added, the risks are down-played and over-simplified. There is a good body of knowledge on how to retrieve oil in tempered water, but limited on how oil behaves in cold water. The field research on Arctic oil spill is also limited, and a knowledge gap remains connected to the challenges surrounding ice.

3.13 Oil spill surveillance in Arctic waters

The SINTEF report ‘The Utilization of Satellite Images for the Oil in Ice Experiment in the Barents Sea, May 2009’, funded by the 6 oil companies; Chevron, ConocoPhillips, Eni Agip Kco, Statoil, Shell and Total, describe how a combination of aerial and satellite surveillance has become the preferred method for monitoring off shore areas where an oil spill could occur in open waters. The aim was to test if the same conditions applied for the Barents Sea. This report was the outcome of a joint industry program with the aim to learn more about how oil behaves in ice covered waters. After several tests where oil was spilt under controlled conditions it was found that if the ice density was higher than 40%, it was impossible to trace an oil spill that had occurred under the ice with the current satellite monitoring. This caused concern as this means that it is not only no oil spill recovery system that is currently available that would be able to collect spilled oil, but an oil spill will neither be possible to spot, as the concentration of ice in the Barents Sea can be over 40% all year around, and with most of the year it is a certainty that it will be frozen near the Polar Front and the Ice Edge. 

4.0 Results and Analysis

This chapter aims at drawing conclusions from the main body of data and analyzes the findings from the case study in light of the literature review. 

4.1 Implications of Research Findings

In question 5 of the case study when I asked ‘Has anyone informed specifically about the risks of an oil spill for you who live close to the South-East Barents Sea?’ and the unanimous answer was ‘No’ could be an indicator towards that the Coastal Sámi I interviewed could have received such information from the Sámi Parliament, but this dissertation claims that even the Sámi Parliament can not have been given adequate information on this, as there are no scientific solutions on how to treat an oil spill in ice covered waters. This breaks with The United Nations Declaration on the Rights of Indigenous Peoples that Norway has signed on the ‘Principle of Free, Prior and Informed Consent’. 

4.2 Conclusions

When treating land and sea resources where indigenous communities are involved it is necessary to meet the indigenous on their terms. The ocean holds a great value to the Coastal Sámi inhabitants, both as the primary source of food, but with a strong sense of identity being connected to the continuous living near the ocean. The planned oil activity in the South-East Barents Sea will pose a threat already under safe practice, as the seismic shooting the Norwegian oil industry uses in order to locate oil wells have a negative effect on larvae and fry that are to spend the first part of their lives in these areas. Among a limited amount of research on the effects on other fish species than cod and larger sea mammals from seismic shooting, there is still not a finished mapping of the sea bottom, which makes it impossible to predict further consequences of the marine life before 2020 when the sea bottom report is estimated to be finished. Large scale oil spill recovery test were made in the Barents Sea on a joint program by 6 oil companies that own oil concessions in the Arctic to test if the methods they had developed could be used in cleaning oil from ice covered waters. The results concluded that they had learnt a great deal from the experiments, but there are still many insecurities, both regarding how the oil changes and behaves in such cold waters, but the greatest gap in knowledge remains on how to extract oil that is trapped under or between the ice. The part of the oil spill program that regarded monitoring of oil under ice concluded that a higher ice density than 40% makes it impossible to spot the oil from under the ice when satellite monitoring is used, which is the preferred method for detecting oil spills in open waters. 

4.2.1 Recommendations based on key findings

Based on the key findings from both the case study and the literature review this dissertation recommends to decision makers, in this case the state of Norway: 

1. An Arctic Legal Treaty should be drawn up specifically regarding the topic of how natural resources in and around the sea should be distributed between the Sámi population and the non-indigenous population of Norway. 
2. As the sea bottom of the Barents Sea is currently being mapped by Mareano, and this report is estimated to be finalized in 2020, this dissertation recommends that no oil license allocations are made before this process is finalized so marine habitat can be preserved and important natural values will be saved.
3. The IPCC estimates that the climate emissions needs to decrease 85% within 2050, and 40% within 2020 in order to avoid a temperature increase on more than 2 degrees celsius, and in order for Norway to achieve this, who has set out to reduced their national emissions with 20% within 2020, even Statoil's manager Helge Lund has said that it is a necessary to leave some of the oil reservoirs unexplored. This dissertation recommend that these areas are the South-East Barents Sea areas. 

4.3 Literature and methodological discussion

The literature of this dissertation was gathered in the request of highlighting as broadly as possible how Arctic oil drilling is a new policy step for Norway as an oil nation, and how prior knowledge from more southern latitudes will not be sufficient to safely drill for oil in the Arctic regions of Norway. The aim was to highlight the Coastal Sámi’s perspective on the consequences of an oil spill in their close environment. My chosen method was to contact Coastal Sámis as individual persons, not the organizations that represent them. The organizations were contacted, but only to ask if members were willing to participate. This might have been a flaw of the study, and more politically engaged members of the Sámi community could maybe have been a part of the study if they spoke on behalf of their organizations. Another methodological concern is the decision to not consult ‘experts’ from outside the Sámi community. The study could have been broadened by adding a closer perspective from academics working on issues concerning Sámi rights. Additional depth could have been gained if glaciologists and biologists who specialize in how oil affects the nature were consulted directly, and not only through academic sources. However, from the case study that was executed the answers served a great purpose of highlighting the same concerns that the scientific community raises. 

Recommendations to the Norwegian Parliament on petroleum business in the Barents Sea and Sámi conditions

3.10 Recommendations to the Norwegian Parliament on petroleum business in the Barents Sea and Sámi conditions

Einar Eythórsson’s report ‘Petroleumvirksomhet i Lofoten - Barentshavet og samisk forhold’ (‘Petroleum business in Lofoten - Barents Sea and Sámi conditions’) (2003) was one of two official recommendation reports produced on demand for the Norwegian Ministry of Petroleum and Energy to consider how Sámi interests would be affected with an all-year petroleum activity in these areas. The lead author of this report Einar Eythórsson points out, both within the report but also on an independent science news website for Norwegian science, how he felt the time the research group was given was not sufficient to give a wholesome and representative recommendation report. He demanded at one point that as they had only been given less than 2 months to state all the risks involved for the Sámi with letting the petroleum industry near their coast, this could hardly be adequate to give justice to all the multiple effects that could come of this. The researchers demanded that they should either be allowed to print this clause in the finished document, or they would refuse to publish what they had gathered of information at all. The report ended up being printed with the clause, but regardless it was considered to hold enough information to form an official opinion on petroleum activity in the Barents Sea. 

The report is based on what is considered the six Sámi regions, in total 17 municipalities in the Northern Norway. Except inner Finnmark, all the Coastal Sámi communities experience depopulation and shortage in traditional ways to make a livelihood. When planning where an eventual onshore land base for the petroleum could be located, it is important to localize where the Sámi have their settlements. The Sámi’s traditional fishing includes not only coastal and fjord fishing, but fishing in ice covered waters and in boats that can manage deep seas far from the shore. This needs to be taken into consideration when drawing the lines for what are Sámi interest areas at sea. 

3.11 Oil spills under ice and health effects on Arctic humans

The Arctic Monitoring and Assessment Program (AMAP) concludes in its final report ‘Arctic Oil and Gas 2007’ that oil activity can never fully be risk free, due to how tankers can spill transported oil, pipelines can start leaking, as well as accidents, even under the strictest of regulations. The social and economic effects oil activity will have for Arctic people, among them indigenous, are dependent on how involved the Arctic people is on decision making. The report recommends that prior to opening new areas for oil and gas exploration, or building the infrastructure to make these types of industries possible, the indigenous communities must be consulted so the negative effects can be held at a minimum and that the indigenous communities receive the maximum of the benefits from developing a new infrastructure. Their traditional knowledge can be used both for planning what areas to avoid building in, as these could be significant to the indigenous communities. How environmental monitoring has previously been done can provide a double security when what is available of modern technology equipment is combined with how the environment has used to change. When regarding how the indigenous might want employment in the oil industry, it is worth considering the effect it would have for a small indigenous community if the majority of the adult generation stops doing traditional activities as fishing due to a better salary in the oil industry. Generation gaps like this can have unforeseen effects on smaller communities. 

On the effects oil will have on the environment and ecosystems of the Arctic, the report states how the Arctic surface environments are one of places on Earth that will show clearest evidence of alteration, and for the marine environment the main cause of change comes from oil spills. How oil behaves in Arctic waters is so unknown that a high sensitivity towards what the species already living there can manage must be the ultimate goal for any oil exploration. The Exxon Valdez oil spill continues to affect the environment for decades, and as there has currently been no major oil spill in the Arctic we can not know the long term effects. 

Humans can be affected by exposure to petroleum hydrocarbons and this is mainly caused by an oil spill. The food security can also experience a risk of being altered either in quality, quantity or availability, this is directly linked to the state of the marine animals, as the main food source for most indigenous people living in the Arctic comes from the ocean, as the soil is too cold for agriculture. The overall picture of how petroleum hydrocarbons affect human health in the Arctic is complex at best. 

Oil spill response programs where ice is present hold a major challenge for all Arctic states exploring the option of oil activity. Most of the equipment suggested for use today were not designed to be used in an Arctic environment, and will therefore be inadequate when combating spills. This illustration shows the bio network of the Barents Sea (see figure 2). The whales in this area have needed a long time to grow in population size after centuries of hunting. It is only recently starting to pick itself up. Oil drilling and gas activity are the new threats facing the Barents Sea, and with such an abundant marine life the consequences of an oil spill could be hazardous. 

A key finding of the AMAP report is how there are no effective means of gathering or rinsing up an oil spill in broken sea ice (See figure 3). Oil spill responding in the winter adds to the impossibility as there will be no light between November and January (Arktisk system) and the darkness coincides with the harsh weather predictions of winter storms. If an oil spill were to happen in the winter on land or on the top of the unbroken sea ice, this would be easier to retrieve, as long as it can be finalized before spring time, when oil would sink under the ice. So far with the current technology the best recommendation from the AMAP study is to prevent an oil spill, rather than being dependent on an oil spill recovery system. The report suggests that this is still an area where new technology is needed, particularly for oil under ice and in broken ice, which might easily be the case if oil exploration takes place in the South-East Barents Sea, where the Ice Edge and Polar Front pose both of these challenges. 

Figure 2: Simplified Barent Sea food-web The Arctic Monitoring and Assessment Program (AMAP) ‘Arctic Oil and Gas 2007’

Figure 3: The Arctic Monitoring and Assessment Program (AMAP) ‘Arctic Oil and Gas 2007’

The added factor of climate change

3.9 The added factor of climate change

The IPCC has concluded that climate change is happening twice as rapidly on and near the poles, as the rest of the globe. This makes climate change unavoidable to mention when considering how the Sámi population will be affected by a possible oil spill in their immediate nature. The ACIA report (Arctic Climate Impact Assessment 2004) concludes that the consequences for societies living in the Arctic of climate change will include: 

• Loss of hunter culture: Because of the melting all year long ice several species that are reliable on this ice for resting are likely to become extinct, causing difficulties for the Sámis dependance on these animals. The loss of their hunter culture will not only take away a traditional source of nutrition, it is highly intertwined with their sense of cultural identity and what it means to be Sámi. 
• Reduced food security: Access to traditional food as seal, polar bear, reindeer and some fish and bird species are likely to diminish as a consequence of the heating. Reduced quality and illness among the fish and in the berries that the reindeers eat are already being observed. With the shift to a more ‘Western’ nutrition comes an increased chance for diabetes, obesity and heart diseases. 
• Health concerns for the inhabitants: Thinner ice caps is a direct cause of the changing climate. This can be dangerous if the Sámi continue to use their traditional paths leading over ice covered-shores that used to be safe. The melting of the permafrost can also lead to poorer sanitation facilities. 
• Consequences for the herds: As changes in what routes are possible for the reindeer, where they can give birth and access food will be altered, the likely scenario is that this added stress will have a negative effect on the reindeer herds, leading to thinner reindeers with a decreased estimated life span, which again will affect the Sámi in a negative way. 
• Increase in ship traffic: As the year long ice will melt, new sailing routes will be possible. The North-West passage has already seen an up-rise the last couple of years and within the end of the century this is estimated to be the preferred shipping route of goods. The positive consequences this will bring are more tourism to the Arctic countries, with a possibility that the Sámi will get more attention and a possible market for their livestock. The environmental aspect of more ships going through the Arctic waters is the increased likeliness of introduced species that are highly likely to come along with the ballast water being emptied in the Arctic with water from more southern areas. The introduced species are likely to compete with the ones who are already accustom to the environment, and the consequences on the ecosystem as a whole are hard to predict when introduced species enter an already complete ecosystem. 
• Increased access to resources: With the melting of the ice in certain areas, former impossible places to search for and extract oil and gas will be possible. The moving ice will also cause an added danger for the petroleum searches in these areas, as the ice is no longer stabilized. 
• Extended fishing opportunities: Key farming fish species in the Arctic, as herring and cod are likely to thrive in a warmer environment, but it is also very likely that the traveling patterns and prevalence areas of many fish species will change. 
• Difficulties of transportation on shore: Transportation across the land and pipelines are already being affected by the melting ground. This is likely to increase. Settlements that are dependent on ice covered or frozen roads in order to be accessed for supplies will suffer. 
• Reduced freshwater fishing: By the end of this century it is estimated that a number of species that have adapted to life in Arctic waters will become extinct both locally and globally. 
• Better terms for agriculture and forestry: The opportunities for agriculture and forestry are likely to increase, as the warmer weather will open for growing food and trees that former only could live further South.

Concerns from a Coastal Sámi organization on rights to the natural resources

3.8 Concerns from a Coastal Sámi organization on rights to the natural resources

Bivdi, a Coastal Sámi interest organization for promoting and safeguarding the Coastal Sámi’s interests and rights to the sea, explains how the Coastal Sámi culture is likely to be the oldest culture in Norway, and the oldest in Sámi context. By using the coastal areas for fishing, the Coastal Sámi have gathered knowledge and rights from having done so in a very long timeframe. Their entire settlements, livestock and identity are based around the marine resources. Experience-based knowledge has throughout the ages designed an adaptable commercial activity and coastal culture. However, Bivdi has its basis in that the resources for fishing and the other marine resources and rights in the nearby areas belong to the community. These are rights that cannot be invested in, and will not be a traded good for capitalistic interest, but needs to be the foundation for a continuously viable community. During the past hundred years, the Coastal Sámi fishers have been in dialog with the authorities to report back what the situation is at sea, and what is needed for the Coastal Sámi to protect their rights. Bivdi reports that this has been experienced as a hopeless struggle where the Coastal Sámi have continuously been the losing part. This is why they claim that today the result is the long term effects of a failed fishing policy and the consequences of the marked forces, which is a dramatic reduction in resources and many rural Coastal Sámi communities have been abandoned. Their strategy as an organization includes that fishing zones are established, and where there is doubt, the rights should be given back to the local communities. The commercial activity needs to be agreeable with the joint local management, meaning experience-based knowledge will be a part of the wider management. Bivdi welcomes new technology and knowledge when this is used alongside a Coastal Sámi way of sustainable thinking. There is a need for research from a Coastal Sámi perspective, and in this fjord and coastal communities have a joint agenda not considering whether the population living there are Sámi or non-Sámi. The exploitation of the marine resources is of collective interest and by establishing an indigenous zone Bivdi exclaims how this would aid in building a stronger protective area around their resources. This would also help the social rights for Coastal Sámi that need improving including infrastructure and their livestock. 

The report ‘Our common future’ under the chapter on ‘Empowering Vulnerable Groups’ states that it is a ‘Terrible irony that as formal development reaches more deeply into rain forests, deserts, and other isolated environments, it tends to destroy the only cultures that have proved able to thrive in these environments.’ (WCED, 1987: 115) This holds true for the Sámi population of the far most northern municipalities of Norway. 

The book ‘Arctic oil and gas - Sustainability at risk?’ (2008) opens up a new angle to the Barents Sea oil reservoirs; as the non-Sámi population is not a homogeneous groups, neither are the Sámi. Within the Sámi Parliament there are members advocating that the petroleum reservoirs found on Sámi territory should rightfully go to the Sámi. This view does not indicate that the petroleum would be extracted or refined by the Sámi population, as they do not claim the sole right to the petroleum findings, but the main consideration is that as these potential oil and gas findings are located in Sámi territories it is their right that this should benefit the Sámi. The Sámi parliament got a UN resolution from the Human Rights Council declaring that indigenous rights include resources in and bellow the sea, to hand over to the Norwegian Parliament when considering the management of the petroleum found in the South-East Barents Sea. 

Consequences of seismic shooting for larva and fry

3.6.1 Consequences of seismic shooting for larva and fry 

Seismic shooting in itself is not a completely harmless activity either. Sound is an important way of communicating for many fish species when it comes to feeding, survival and reproduction. A seismic search at sea uses an air canon field with many air canons to send low frequency sound waves towards the sea bottom in order to search for oil and gas. The frequency of these sound waves overlaps with the frequency area where fish hear well. Adult and half adult fish have the ability to swim away from these sources of sound, whereas larva and fry do not possess the same ability. It is in the Svalbard zone and in many of the areas in both the South-East and the Northern Barents Sea where the fish population have their breeding places. This combination is problematic as research on spawning fish under the pressure of enduring seismic testing has stopped the spawning, and the larvae that experience these sound waves have either died momentarily or developed damages to their hearing, kidneys, hearts and swimming organs. Fry responded with losing their balance and immediately turned over and swam on their back or side after being exposed to the sound waves (Havforskningsinstituttet 2009). 

3.7 Concerns from the Norwegian Environmental Movement

In an open hearing written by the Norwegian environmentalist organizations Bellona, Fremtiden i våre hender (The Future in our Hands), Greenpeace, Natur og Ungdom (Nature and Youth), Naturvernforbundet (Nature Conservation Foundation) and SABIMA (Cooperation council for biodiversity) to the opening of The South-East Barents Sea their main concerns were the following: 

1. Produced Water: In 2010 131 millions m3 of produced water was released from the Norwegian Shelf, and 129 millions m3 the next year. The concern comes when larvae and fry are exposed to high concentrations of production water as this has shown reduced weight and increased mortality in cod. There are still research holes on the effects of other fish besides cod, and on plant and zooplankton which is the nutrition for fry. This falls into the category of long term effects of the oil industry’s presence in the South-East Barents Sea and more research on produced water is desirable for a perspective where the oil industry is to coexist with the fishing industry. 
2. Soot: Soot, or Black Carbon, will be a result of oil activity in the South-East Barents Sea, as the recommendation report could not exclude this factor from happening in the South-East Barents Sea. When Black Carbon is released on white snow and ice, it reduces the ability to reflect sunlight, the same way open melted water reflects less than white surfaces, which leads to an increased effect of global warming in the Arctic. (UNEP BC report, Twenty-sixth session of the Governing Council/Global Ministerial Environment Forum, February, 2011)
3. Oil spill preparedness: Long distances to reach adequate equipment and the possibility for ice in the northern areas of the consequence investigated area makes oil spill recovery very challenging. In addition the weather conditions in the Barents Sea are known to be fundamentally harsher than areas at sea further south where there is oil business off shore. The low temperatures and the bad light conditions, among ice and heavy fog and very rapid weather changes all exemplifies how there are a multitude of challenges to overcome in order to have a fully operative oil spill recovery system available. It is further necessary to state that despite efforts and initiative from both science and the oil industry, there is currently no effective way of removing oil from ice covered waters. There are also the limitations of oil spill preparedness so close to the Ice Edge, as for the rest of the South- East Barents Sea. If an oil leakage were to occur under water on the sea bottom, the oil would have the opportunity to contaminate unhindered vast areas under the ice, as there is no existing strategy on how to retrieve the oil.
4. Weather: The waves in the planned areas reaches between 13,9 and 15,6 meters towards 17 meters in the Barents Sea North (Klif 2013). These are significant heights when planning how to retrieve spilled oil. In 2008 there was an oil spill on Statfjord A, where 4400 cubic crude oil leaked out in the North Sea (Sintef 2008). This stands as an example that the existing oil spill recovery methods are not adequate when the waves are above 2,5 meters, as it was in the case of the Statfjord A accident. 
5. Significant gaps in the oil spill preparedness: The Ministry of Climate and Pollution brought attention to how there is a limited availability to oil spill preparedness equipment both close to the shore, off shore and near the variable Ice Edge (DFN 2013). The Ministry points to factors as how the permanent ice and winter half year of darkness will challenge oil spill recovery attempts further from hard, to at times make it impossible. The Directorate for Nature Conserves argues that even though equipment might come in the future, there is always the possibility that the equipment might not work optimally, which gives the oil an opportunity to contaminate vulnerable areas (NRK 2008). The Norwegian Oil Spill Association has acknowledged the need for better oil spill recovery equipment on the Norwegian shelf. However, in the impact assessment on oil spill preparedness from the Parliament it is stated that the oil spill preparedness shall be equally good all year around (St.meld. 38 2003). As this can not be the case of the South-East Barents Sea consequence area, the environmental organizations do not consider it responsible to have petroleum activity in these areas. 
6. Marine nature resources: The Climate and Pollution Directorate point to the data on how the sea bed will be affected is based upon knowledge on the sea bottom done by Russian Scientist in the 1930s, and that species are likely to have changed in numbers and bio mass since then (Klif 2013). In 2006 a new study of the marine sea bottom was started by Mareano, which is a branch from the Sea Research Institute, but this new study is not estimated to be finished before 2020 (HI 2007). The Climate and Pollution Directorate recommends that a precautionary approach is used when considering the South-East Barents Sea, and at least makes sure that no license allocations are made to the oil companies, before the Mareano report is finalized so marine habitat can be preserved and important natural values will be saved. 
7. Consequences of marine noise: The environmental organizations do not find that the impact of increased seismic activity has been evaluated sufficiently. The Impact Assessment report for the South-East Barents Sea states in chapter 4.5 under other ‘environmental consequences’ that there will be negative consequences for the red listed Fin Whale and Baleen Whale. The consultancy firm Rambøll proposes that seismic free zone in areas where whales with calves are observed can be arranged, to stop the damages both physiologically and behaviour-wise on the animals. Similar seismic free zones should be drawn up in all the areas with large sea mammals in the South-East Barents Sea (Rambøl 2007). This arrangement includes stopping seismic activity when large sea mammals move into the seismic free zones that must be drawn up around the installations, in order to be effective to prevent the population of for example fin whales to further decrease. 

On Article 10 in The United Nations Declaration on the Rights of Indigenous Peoples

A potential positive consequence of the petroleum industry’s expansion in Finnmark for the Sami population is the possible employment possibilities. Meanwhile, there are some prerequisites that must be in order for this to be beneficial for the Sámi. Experiences made when the ‘Snøhvit’ field was being constructed saw that the wider community was greatly beneficial, in that already existing building firms could be part of aiding the ‘Snøhvit’ building site. There are no known documentations on how this employment affected the Sámi part of the population. It is therefore necessary to explore why the Sámi population can differ so greatly from the non-Sámi. Previous research done by Vistnes et. al. (2008) shows that education relevant for the petroleum industry tends to be lower in municipalities where the majority of the population is Sámi, or have strong Sámi connections, such as all of Finnmark. This means that the competence building that the petroleum industry promise would benefit the inhabitants of Finnmark only to a lesser degree will benefit the Sámi population. Two possible outcomes of this situation that the impact assessment report suggest is that either the Sámi could work in the parts of the petroleum that does not require higher education, or that by seeing how the petroleum industry is growing be motivated to take the necessary higher education. This however is based on the assumptions that 1. The Sámi want to work for the petroleum industry and 2. That they are not already otherwise employed or preoccupied. The indirect effects of this expansion is that the non-Sámi population might grow in cities close to Sámi settlements, and in cities with a high percentage of Sámi inhabitants such as Kirkenes and Vadsø, and this can lead to a higher demand of Sámi made products. Another possible outcome of the indirect effect is that the competition from the petroleum industry will take workers away from what have traditionally been Sámi livelihoods, leading to the diminishing of the Sámi way of life. 

During the past 30-40 years Finnmark has experienced a depopulation of 10 percent, this holds true for municipalities with a strong Sámi connection as well. In Kvalsund however, a municipality with a high population of Sámi had a decreasing population right up until the Snøhvit gas field was being built. After the constructions started the population has now been stabilized. Even though, as above stated, education relevant for the petroleum industry is scarce in Finnmark, it is still a goal that the local population contributes and benefits from the industry. For many of its inhabitants and the labour that comes from other areas of the country this means that relocation is necessary, this can even be areas where the Sámi have traditionally had their settlements. If the petroleum industry settles for a LNG onshore solution, and this is situated east in Finnmark, this can be problematic for the already small Sámi population already living there. 

The report suggests that for the Sámi part of the population that lives in the cities it is equally important as for the Sámi who rely on the primary industry, that their ways of expressing their cultural identity gets an outburst. Strong Sámi institutions for education and science can be equally important for cultural expression as the primary industry. The consequences of the petroleum industry’s expansions seem to be largely negative for the primary sector, although this is not necessarily the same for the Sámi living in the cities. 

Within the official recommendation report it is stated that the northern parts of the South-East Barents Sea flake will experience that where Arctic waters meet the warmer Atlantic water the Polar Front will manifest itself. The report also agrees that the Ice Edge and the Polar Front are the foundations for a high biological production and an important breeding area for sea birds and sea mammals, with the most important seasons being the spring and summer. Nevertheless the request of opening up the South-East Barents Sea for an all year petroleum activity comes within the same document as this biological vulnerability is stated, and without specifying further the possible effects of what happens when oil meets the Polar Front. A prerequisite for this opening at the time was that this was the furthest north Norway had ever done oil drilling, and going beyond this was not recommendable. The report was approved by the Norwegian Parliament and the official recommendation of opening it came the 19th of June 2013. Only 3 months later Norway got a new government after 8 years of a socialist-left coalition. The new government was formed by the two largest conservative parties. In Norway the formal procedure for opening up new areas for oil production is first to have an impact assessment done, while this is being produced seismic shooting can be performed to locate an eventual oil well,  and if both of these elements are in order, the Parliament gives the permission for opening the new area for oil drilling and licensing rounds are held for the oil companies to choose their areas. The former government was record holding in having opened up and given away more concession rounds than all former governments in Norwegian oil history combined (SNL). This summer on the 17th of August the new government under the Ministry of Petroleum and Energy started seismic shooting in the Svalbard zone, an area where Norway’s sovereignty is politically disputed, without having started an impact assessment. In regards of giving the Sámi population a free informed prior consent, which is their right through Article 10 in The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) on what is happening to their territories, it can be argued that the Sámi are not informed that when an impact assessment is being done, the process of opening the area for oil production have already begun, as no area that has undergone an impact assessment in Norwegian oil history has ever been left alone afterwards. By not stating this fact, information is necessarily held back. The seismic shooting around the Svalbard zone got national attention when Greenpeace Norway alerted the public news that Svalbard and The Barents Sea North was under threat of being unofficially opened, and the environmental movement in Norway alongside concerned political parties pressured the sitting government to stop the seismic shooting one month before it was scheduled to be finished.

Food Security for the Sámi and the Health of Species living in the Arctic

3.5 Food Security for the Sámi and the Health of Species living in the Arctic

The Arctic Council and Arctic Monitoring and Assessment Programme (AMAP) writes in the extensive report ‘Oil and Gas Activities in the Arctic: Effects and Potential Effects’ (2007) on how seals and whales are normally not that sensitive towards outer affection of an oil spill. This is due to their thick layers of blubber that protects them against heat loss, and the skin of whales and walruses are robust enough to not take harm from contact with oil. Baby seals with fur however are very sensitive towards oil, equally so are polar bears, sea otters and Northern fur seals. 

The report states how oil spills in ice covered waters will be severely difficult to rinse up and with the added potential that the oil stays for a long time in the waters. Important areas where sea birds come to hunt for food and whales and seals comes to breath are openings in the ice, such as reads and so called polynyas, which are ice free areas due to wind and leeward sides produced by islands. Because of the need for keeping these areas free of oil, the whales are also considered sensitive towards oil spills. In all areas where birds and mammals appear densely packed in the Arctic will be areas that are vulnerable towards oil spills or disturbances from the petroleum industry. 

3.6 The formal process of opening the South-East Barents Sea for petroleum

The State Report ‘Meld. St. 36 (2012-2013) Melding til Stortinget Nye muligheter for Nord-Norge - åpning av Barentshavet sørøst for petroleumsvirksomhet’ (‘Message to the Parliament New possibilities for North-Norway - opening of the South-East Barents Sea to petroleum recovery’) is a recommendation report written on the basis of the impact assessment done by several affected actors, among them the Sámi Parliament representing the interest of the Sámi population when considering whether it is responsible to open the South-East Barents Sea to the petroleum industry. The chapter of the impact assessment regarding how the Sámi interest will be affected is based on an independent study done by the consultancy firm Pöyry (2012) that considers the Sámi’s commercial activities such as reindeer husbandry, fishing, rural livelihoods and forest pasture, in addition to employment, competencies, settlements, expression of culture and identity development. The scenarios that are considered in this assessment are only the effects on the Sámi population during ordinary petroleum activity, meaning without any leaks or other emissions to their close environment. This is the gap this master is trying to fill; what if something goes wrong? 

Chapter 8 ‘Betydningen for samiske forhold' (‘The Significance for Sámi conditions’) in the report ‘Ringvirkninger av petroleums- virksomhet ved Barentshavet sørøst Konsekvensutredning for Barentshavet sørøst Utarbeidet på oppdrag fra Olje- og energidepartementet’ (‘Ripple effects of the petroleum activity in the South-East Barents Sea Impact assessment for the South-East Barents Sea commissioned on behalf of the Ministry of Oil and Energy’) considers how Sámi interests are affected. Sámi areas are all the areas that the Sámi use or live in, practically speaking this covers all of Finnmark, northernmost municipality in Norway, as a Sámi area. The Sámi way of making a livelihood involves reindeer husbandry, fishing, rural livelihoods and forest pasture, of these the fishing, rural livelihood and forest pasture will be affected by the petroleum expansion, both for the Sámi and non-Sámi population. The petroleum industry’s impact on the reindeer husbandries will however only affect the Sámi, as they are the only population in Norway that exercises this. It is only a small number of the Sámi population that exercise reindeer husbandry, although it is considered a significant part of Sámi culture expression and identity. An explanation to this can be found in Vistnes et. al. (2008) where it is suggested that the reindeer husbandry has in a lesser degree been ‘Norwegianised’, as for example the Coastal Sámi culture has experienced. The report looks on the direct consequences the petroleum expansion will have for Sámi livelihoods. There can however also be indirect consequences given that the Sámi and the petroleum industry will want the same employees, and as the Sámi’s way of cultivating their land is so closely knit with their expression of culture and identity, this can present a challenge. As this master focuses on the Coastal Sámi in particular, it will only very briefly touch upon what the effects of the petroleum industry can lead to with the reindeers. Local direct effects, as building a road necessary for the petroleum expansion through a grazing area, can lead to disturbance of single reindeers as increased stress may shorten their life expectancy. Regional indirect effects on the herd as a whole can occur if reindeer shun the areas where they know they are likely to be disturbed and because of this they end up being rounded up in smaller grazing areas, where they may over-stretch the capacity of the given land, causing the reindeer to not gain as much body reservoirs as is necessary before the cold season. The cumulative long-term effect of the production is reduced health for the reindeers, leading to a fall in the reindeer husbandry for the herding Sámi population. 

When considering what areas within the fishing industry that are considered of Sámi interest, the general consensus is that the Coastal Sámi population has mainly focused on fishing in the fjords and nearby coastal districts, even thought many Sámi participate in fishing off shore with active fishing equipment. On this basis these sources suggest that it is not purposeful of the impact assessment to make a divide between the Sámi population and the non-Sámi population in questions regarding how the petroleum will affect the fishing industry in Finnmark. The breeding industry for fish has become an important industry in many fjords with Sámi settlement, which has caused the breeding industry to be counted upon as a Sámi industry. The way fish will be affected by the petroleum will in turn have direct consequences for the Sámi conditions. 

The Sámi's use of agriculture and forest pasture is a traditional part of the Sámi living. In addition to reindeer husbandry, their livelihood also includes grouse hunting in the forest pasture and fishing. Today, these are only considered subsidiary income sources for the Sámi, with a difficulties recruiting. However, the agriculture is very important for Sámi families, as the family is an economic production unit, and places where the Sámi can fish and hunt are considered important factors for where to make settlements, in addition to being culturally important. The way Sámi agriculture in Finnmark would be affected in a high risk scenario of the expansion of the petroleum industry would be if Liquefied Natural Gas (LNG) (see Glossary) constructions were built on shore that took up the areas where the Sámi traditionally have done their hunting, or where they have their settlements. In addition comes the possible pollution the construction can have on the outskirts. In a low risk scenario the petroleum constructions would be off shore. This would lead to a lesser impact on the Sámi settlements, although it opens up to a range of other potential threats of how petroleum construction sites at sea can harm the environment that in turn will harm the Sámi through their fishing.

Thoughts on an Arctic Legal Treaty Recognizing its indigenous population

3.2 Thoughts on an Arctic Legal Treaty Recognizing its indigenous population

The ‘Law of the Sea Report, Vol. 3 (2012) No. 1 Don’t leave the Sámi out in the cold: The Arctic region needs a binding treaty that recognizes its indigenous peoples’ right to self-determination and free, prior and informed consent’ discusses how the indigenous people living in the Arctic have adapted their way of life in the cold for thousands of years in order to develop the necessary resilience, and how their culture and spiritual traditions have formed their own way of relating to the ecosystem called ‘Traditional Ecological Knowledge’ (TEK). This TEK makes it possible for the indigenous to interpret weather signs and accordingly predict the weather, but due to the extreme changes caused by climate change, predicting the weather has become harder, and as they can no longer with certainty rely on what was previously considered reliable sources of information, their security has decreased. The indigenous people of the northern parts of Norway, Sweden, Finland and the Kola Peninsula of Russia are called the Sámi. Their nation is called Sámpi, even though this is a nation without a state or borders, but the inhabitants of the area share the same history, culture, language and way of life. The entire Sámi population is estimated to lie between 70,000 and 100,000, where the majority is found within Norway. After the Inuits, they are the second largest indigenous group living in the Arctic and within the Sámi population there is a divide between coastal and river Sámi, mountain Sámi, forest Sámi and eastern Sámi, however, they view themselves as one people. Under the section ‘Environmental Protection’ the report explains how the Arctic has a highly complex ecosystem and how this makes it even more vulnerable to interferences. To disconnect Sámi from their land can cause cultural genocide. The source further suggests that the result of environmental changes that may cause difficulties for the Sámi must be addressed in an Arctic treaty that will protect Sámi and indigenous people living in the Arctic’s rights for protection of land and resources. This is not only in the interest of the Sámi, but also the Arctic states, as the trans-boundary pollution and over-exploitation will contaminate the Sámi’s land alongside the Arctic states resources. Article 192 of the 1982 UNCLOS (United Nations Convention on the Law of the Sea) says that nations have an ‘obligation to protect and preserve the marine environment.’(UN LOS) The report further suggests that this should also include management of the Arctic’s resources, including gas, oil and marine life, in addition to, the recognition of the indigenous peoples’ right to enjoyment of their land, which includes the right to enjoy the land’s resources. The state’s interest of utilizing these areas should not infringe on this right. Article 134 on ice-covered areas note how areas with ‘particularly severe climatic conditions’ in ice covered areas for most of the year needs regulations to prevent ‘irreversible disturbance of the ecological balance.’ These regulations shall be based on the best scientific evidence that is available. 

3.3 Arctic Energy Challenges

In the chapter ‘Miljø, ressurser og transport i Arktis - Petroleumsforekomster’ (‘Environment, Resources and Transport in the Arctic - Petroleum findings’) in the book ‘Arktiske utfordringer’ (‘Arctic Challenges’) (2012) by Geir Hønneland the author states how according to United States Geological Survey it is estimated that more than 20 percent of the world’s undiscovered petroleum resources can be located in the Arctic, and how 30 percent of these are estimated to be gas resources, and 13 percent undiscovered oil. The main component of these resources is assumed to be located offshore on the continental shelf, that is in waters with a depth that is less than 500 meters. The majority of these resources are again estimated to be on the Russian side of the borders, however as the source is aware of, these are only estimates. The estimates do not state what is technically or economically possible to produce. The scope of the undiscovered oil in the Arctic is estimated to not be large enough to alter the world’s existing supply pattern in any significant way, whereas the gas resources would be able to affect the supply pattern in the future. 1/4 of the oil equivalents, both petroleum resources combined, is set to be in Alaska and the Eastern Barents Sea, in the area where Norway has opened up for oil exploration. More than 70 percent of the estimated oil resources are calculated to be located in five main areas: Alaska, the Amerasia-pool, East-Greenland, the Eastern Barents Sea and West-Greenland/North-East-Canada (USGS 2008). 

3.4 An Oil Spill Scenario in the South-East Barents Sea

The NUPI (Norwegian Institute of International Affairs) report ‘Miljøpersepsjoner i Nordvest-Russland - Problemoppfatninger knyttet til petroleumsutbygging i Barentshavet’ (‘Environmental Perceptions in North-West Russia - Problem perceptions regarding the petroleum development in the Barents Sea’) views the differences between Norway and Russia when it comes to handling the environmental concern in the Barents Sea. The danger of oil spills is a consistent theme, and the different institutes in Russia working on how to solve this has not landed on a unison yet, partly because that there is no one today that knows the long term effect of the chemicals that are being used. Several of the methods used by Russian scientific oil institutes to avoid having physical oil spills located on the surface involves letting the oil sink to the bottom, even though this has devastating effects on the sea bottom. One of two environmental organizations consulted in Nenets, Russia, who also worked on the indigenous interests, criticized the Russian attitude which they interpreted to be as the ones who are most affected, the indigenous, are the same ones that will be least consulted. 

Norwegian Arctic oil history

3.0 Literature Review

The following chapter presents the literature of this dissertation and the background of the study. 

3.1 Norwegian Arctic oil history

‘Den nye nordområdepolitikken’ (‘The New North Area Policy’) (2008) by Geir Hønneland and Leif Christian Jensen discuss how there has been a shift in Norwegian policymaking regarding the High North. The shift started when Jonas Gahr Støre became the new foreign minister in 2005. The new topics on the agenda for the High North were now distribution of resources and security politics – topics that had not been discussed since The Cold War. Oil drilling in the High North had hardly been mentioned before this, and the divide between Norwegian and Russian fishing quotas had found its common middle ground in the 1970s. The book draws its main focus to the NOU’s (Norges offentlige utredninger) (Official Norwegian Reports) regarding the Northern areas of Norway after 2003 when the new development started. This includes the documents: 

• ‘Mot nord!’ (‘Towards North!’) (2003) 
• ‘Muligheter og utfordringer i nord’ (‘Possibilities and challenges in the North’) (2005) 
• ‘Barents 2020’ (2006) 
• ‘Regjeringens nordområdestrategi’ (‘The governments North area strategy’) (2006)

‘Regjeringens nordområdestrategi’ (‘The government’s North area strategy’) dedicates chapters to indigenous questions, environmental considerations and petroleum. Furthermore there are discussions around the process of the opening of the first petroleum activity in the Barents Sea on the ‘Snøhvit’-project. When it was suggested that there should be petroleum free zones within this area, the ministry for oil and energy was concerned this might cause unnecessary conflict focus, and the worry was that if these areas first were protected, then this could be the first step to more petroleum free zones in the Barents Sea. With this approach to petroleum exploration, that protected areas are sometimes necessary to preserve the ecosystem, the sitting government (Bondevik 2) showed respect towards the Rio-conference in 1992 on biological diversity. At the Johannesburg-conference ten years later it was encouraged that this way of approaching marine resources was recommended. The state report from the same government in the spring of 2002 ‘Rent og rikt hav’ (‘Clean and rich ocean’) states that Norway wants to count on holistic management plans for all the Norwegian sea areas, and with an expressive wish to start with the Barents Sea. This was justified because there is still a relatively small amount of human interference in this area, and it is also one of the richest areas for fish, sea birds and sea mammals in the world. The main aspects of the ecosystem has been researched, but there is still a low level of agreed knowledge on how pollution affects the species and the ecosystem. The report also states how the low temperatures and drifting ice give the oil and chemicals released in the water a long degradation. This combined with the occasionally high waves that can occur during the dark season gives an overall image of oil spill reduction being severely limited. Combined with the poorer infrastructure of North-Troms and Finnmark compared to the rest of the country this contributes even further in weakening level of preparedness for a potential oil spill. 

The State Report ‘Helhetlig forvaltning av det marine miljø i Barentshavet og havområdene utenfor Lofoten’ (2005-2006) (‘Wholesome management of the marine environment in the Barents Sea and the sea areas around Lofoten’) explains how the Barents Sea is a shallow ocean with an average depth of 230 meters, and the most shallow areas are located in the South-East. Even thought the Barents Sea surface areas only measure 7% of the Arctic Ocean areas, the main bulk of the Arctic marine resources is located in this area. This is caused due to the fact that a considerable amount of the North-East-Atlantic fish resources live parts or their entire life cycle in the Barents Sea. 

The book looks backwards and reviews the 1990s as a decade where the oil industries interest for the Arctic ocean areas were low, even thought they in the 1980s had experienced a promising optimism surrounding these areas. However, ten years later the search did not show results, and in 2007 geologist Jan Inger Faleide expressed to the independent research website forskning.no how the Barents Sea was raised and lowered during the past ice ages, and how this caused the thickness of several kilometers of sediments to be scraped off. This gave the gas the room to expand and how this caused the reaction where the oil was outright pumped out of the reservoirs. Further, he points out that among the geologists it is said that the industry should have drilled for oil in these areas ten million years ago (this is however only one theory, which not all experts agree upon). 

To sum up, the book discusses the three discourses that have been dominant in Norway: The ‘protective’ discourse, the ‘energy appetite and new alliances’ discourse and the ‘drilling for the environment’ discourse. The ‘protective’ discourse states that petroleum activity in the Barents Sea will threaten the fragile Arctic environment and the renewable sea resources, and therefore demands that Norway refrains from it. An article from the financial newspaper Dagens Næringsliv on the 10th of April 2000 explains: The sea areas where it is currently being discussed to open up for large-scale oil delivery is in a fishing context among the most valuable in the world. The Barents Sea, with large populations of cod, shrimp, herring and capelin, is the ecological foundation that enables Norway to produce seafood for over 30 billions NOK annually. That this sea area has a documentable clean environment is the most important condition to why fishers, breeders and biotechnologist pictures a multiplication of todays value in the next 20-30 years. The fear is however that if 100.000 tons of crude oil is transported through the Barents Sea and along the Norwegian coast, it is only a question of time before a ship wreck or another serious accident with enormous oil spills will be the result. The ‘energy appetite and new alliances’  discourse refers to Norway’s relationship to Russia, and how Russia has already gotten a pre-start, and how Norway must not appear small and backwards-looking towards the wider world community. This discourse appeals to the fear that Norway will be a ‘pigeon among cranes’ and will end up in a ‘geopolitical cross road’ if Norway does not also ‘compete’ in the ‘race against the North’, that has already started. There is also the factor that the world will need more energy, and it is Norway’s obligation to provide this. The third discourse, ‘drilling for the environment’, draws on the previous prerequisite that the Russians have already started, but their equipment is old and outdated, whereas if Norway were to do the oil drilling, it would at least be done with the newest within the technology, and therefore it is Norway’s duty to lead the way to set the right environmental standard within oil drilling in the Barents Sea.