Kittiwakes are protected: the Hammerfest precedent

As the breeding season approaches, illegal destruction of kittiwake nesting sites remains a recurring issue in Tromsø. In efforts to protect them, the 2021 Hammerfest ruling is a useful reminder of what the law says and how it should be interpreted.

Article published on NRK's website on 2 September 2021 ("Hammerfest Municipality must pay a fine of 120,000 kroner for destroying nests of the protected black-legged kittiwake"). Full article here

In the Hammerfest case, the fire and rescue service sprayed water to destroy kittiwake nesting sites on a public library roof daily for the period of over one month, which resulted in Hålogaland Court of Appeal imposing a corporate fine of 120,000 NOK on the municipality (detail of the case in Lovadat.no website).

Under the Nature Diversity Act § 15, it is forbidden to inflict unnecessary harm or suffering on wild animals and their nests. However, it is a misunderstanding of the law to assume that kittiwakes are only protected once eggs or chicks are present in the nest.

The court defined a "nest" as existing as soon as the birds gather to breed and begin building. Protection does not require the presence of eggs or chicks.

The court also emphasized that kittiwakes are endangered (sterkt truet) and in steep decline, that is why the action was considered a gross contravention under the Nature Diversity Act. Municipalities are professional actors with environmental responsibilities and cannot plead legal ignorance.

It is required that when choosing between methods to manage wildlife, the most gentle method must be selected. The court specifically noted that Hammerfest failed to implement successful alternatives used in other cities, such as "artificial bird cliffs“. Placing kittiwake hotels near nesting sites in Tromsø ensures full legal compliance while allowing seabirds a chance to survive in an urbanizing world.

Someone spraying water and using a crane to destroy kittiwake nests in Skattøra, Tromsø, 16 August 2025. Many chicks were still in their nest at the time. The incident was reported to the Police in Tromsø.

---

About the author:

Zuzana Dagmar Kubíková is a student at The Arctic University of Norway/UiT and is currently completing her Master’s degree in the Joint Nordic Master Programme in Environmental Law, where she is writing a thesis on conservation law, comparing the black-legged kittiwake in Norway and the brown bear in Slovakia.