VESSEL TRAFIC REGULATIONS IN BERING STRAIT Alexander Skaridov Alexander Skaridov CMI/MLA meeting May 2016 © Maritime Law Agency, 2016

What's the problem? whether there is a need for joint efforts in strengthening and binding shipping regulations for the safety of navigation and protection of the Arctic marine environment in the areas of Bering strait before the expected increasing of vessel traffic? © Maritime Law Agency, 2016

The Bering strait Consists of two navigable areas: “East” & “West” In fact – 2 straits! One within the sovereignty of the USA ; another in the sovereignty of Russia. From the Alaska mainland to Little Diomede is approximately 23.6 miles wide and the distance from the Russian mainland to Big Diomede is approximately 22.9 miles. © Maritime Law Agency, m 23.6 m 2.4 m

Legal regime The Bering strait is the starting point for the USA-Russian maritime state boundary which was define in Article 1 USA/RUSSIA agreement to purchase Alaska 1867 USA/USSR Maritime Boundary Agreement 1990 is not ratified by Russia. Both states recognize that the straits used for international navigation. For Russia, as a part of UNCLOS, provisions of the Convention Part III will be applicable. “right of transit passage” through a strait… or “innocent passage” (the strait is formed by an island of a State bordering the strait and its mainland, transit passage shall not apply if there exists seaward of the island a route through the high seas or through an exclusive economic zone of similar convenience with respect to navigational and hydrographical characteristics(Art. 38(1) UNCLOS). or “innocent passage” (the strait is formed by an island of a State bordering the strait and its mainland, transit passage shall not apply if there exists seaward of the island a route through the high seas or through an exclusive economic zone of similar convenience with respect to navigational and hydrographical characteristics(Art. 38(1) UNCLOS). Nothing prevents the two countries to conclude an agreement on the regime of navigation in the Bering Strait. © Maritime Law Agency, 2016

The US and Russia as the strait coastal states may: -adopt laws and regulations in respect of all or any of the following: (a) the safety of navigation and the regulation of maritime traffic; (b) the protection of navigational aids and facilities and other facilities or installations; (c) the protection of cables and pipelines; (d ) the conservation of the living resources of the sea; (e) the prevention of infringement of the fisheries laws and regulations of the coastal State; (f) the preservation of the environment … and the prevention, reduction and control of pollution…; (g) marine scientific research and hydrographic surveys; (h) the prevention of infringement of the customs, fiscal, immigration or sanitary laws and regulations… (UNCLOS, Art. 21) -establish sea lanes, traffic separation schemes and other safety measures (UNCLOS, Art. 41; 42 (1)(a); -adopt pollution control regulations (UNCLOS, Art.42 (1)(b); -adopt fishing regulations (UNCLOS, Art.42 (c). © Maritime Law Agency, 2016

BS passage regulations Perhaps, because currently straits are mainly used for commercial shipping – question on the legal regime – not on the agenda. Neither Russia nor the USA used to stop or prevent the passage of commercial vessels in both directions. No internationally recognized rules for the vessel passage does exist in the strait. The situation of uncertainty can exist further, until foreign Navies will try actively use the strait spaces or will happens ecological disaster caused by accidental navigation The situation of uncertainty can exist further, until foreign Navies will try actively use the strait spaces or will happens ecological disaster caused by accidental navigation. © Maritime Law Agency, 2016

How bad is the current traffic? The intensity of shipping traffic YEARNORTHBOUNDTRANSITSSOUTHBOUNDTRANSITS TOTAL TRANSITS Expert opinion suggests that cargo throughput is likely to increase from 1.36 million tons in million tons in 2015 to 65 million tons by © Maritime Law Agency, 2016

Bosporus & Dardanelle Through Bosporus and Dardanelles annually passing around 50 thousands vessels. About 140 vessels passing daily - 40 from this amount are tankers. On the average through the straits annually transported about 150 million tons of oil and petroleum products. Straits are equipped with VTC system and Separations zones. © Maritime Law Agency, 2016

Bosporus & Dardanelle “More than 700 accidents have occurred in the Istanbul and Dardanelles Straits in last 50 years” “These accidents have killed hundreds of sailors, dozens of ships have sunk or burned, thousands of tons of crude oil or petroleum products have been spilled into the sea and an incredible amount of environmental pollution has occurred. Everyone wants the necessary precautions to be applied to avoid similar accidents in the future.” Captain Saim Oğuzülgen, Director for Turkish Straits Research and Implementation Center. © Maritime Law Agency, 2016

The NSR pressure on the growth of cargo traffic. The number of transit passages in 2011 increased by 8 times in compare with In 2011 it was transported - about 820 thousand tons. In more then 4 million tons. To be cost-effective through the NSR must pass through about 50 million tons annually. Cargo getting more dangerous (from 2011 NSR is in use by supertankers and LNG carriers (“Vladimir Tihonov”, “Ob river”). © Maritime Law Agency, 2016

NSR cargo logistics flow the development of the horizontal rail way logistics © Maritime Law Agency, 2016 Vertical Logistics through Inland waterways

© Maritime Law Agency, 2016 If recognize that the main threat in the increasing traffic – In Bering strait there is ample sea room for vessels to maneuver as the entire width of the Bering Strait. For a water body which saw 452 vessels transiting in a 200 day period this averages out to 2.26 vessels per day transiting the 46 mile wide area.

Estimation of negative impact on marine environment The Bering Strait region, ringed with native-born communities and a highly productive ecosystem with many species of marine mammals, fish and seabirds. A realistic valuation of the negative impact does not exist tanker “Prestige” catastrophe in the Bay of Biscay it was spilled into the sea, about tons of petroleum products. The cost of liquidation of the consequences - more than €2.5 million tons disaster in the Gulf of Mexico… the Bay was contaminated by tons (actually nobody knows exactly…). Assumed cost of liquidation of the consequences - more than $10 billions. This amount equal to the leakage after crash of “Amoco Cadiz” near France in 1978 ($3 billions). © Maritime Law Agency, 2016

BERINGIA NATIONAL PARK © Maritime Law Agency, 2016 Was established as Regional park in 1993, got Federal status in 2013

Bering strait protective measures:  improving marine infrastructure  vessel routing measures  vessel traffic control system  establishing the restricted zones. © Maritime Law Agency, 2016

Marine infrastructure along the US and Russian coasts There is a lack of emergency response capacity for saving lives and for pollution mitigation. The current lack of marine infrastructure in all but a limited number of areas, coupled with the vastness and harshness of the environment, makes conduct of emergency response significantly more difficult in the Arctic then in anywhere else. © Maritime Law Agency, 2016

Traffic separation scheme for the BS As it’s known USCG has been working on the Port Access Route Study for the Bering Strait since The program includes new surveys by NOAA and USCG vessels, and in addition to a route it could include a VTS system and traffic separation scheme for the strait. The cost effectiveness of any VTS (traffic control scheme for an area this size with this small amount of traffic would be questionable. © Maritime Law Agency, 2016

Coast Guard proposed routing measures for the Bering Strait © Maritime Law Agency, 2016 The U.S. Coast Guard has announced a detailed proposal for a four-mile wide commercial shipping lane through the Bering Sea. The agency has been working on the Port Access Route Study which includes new surveys by NOAA and USCG vessels, and in addition to a route it could include a VTS system and traffic separation scheme for the strait.

2015 Maritime Traffic in NW Arctic Provided by Captain Ed Page U.S. Coast Guard (R), Executive Director Marine Exchange of Alaska When approaching to the strait from the northern areas captains use to follow routes through the areas maximum free from the ice which leads to dangerous proximity with the areas of birds and mammals habitation © Maritime Law Agency, 2016

Possible routing system © Maritime Law Agency, 2016

From the “Russian” side routing system should include passage between Cape Chaplina - Cape Cape Gambell (St. Lawrence island) © Maritime Law Agency, 2016

Conclusions: The Bering Strait is an area of great biological and cultural significance. Increasing commercial ship traffic presents environmental and cultural risks. No so many mitigation measures are available to reduce risks among them:  establishing shipping lanes;  adoption the Restriction for navigation or Areas to Be Avoided (ATBAs),  speed restrictions,  special communications measures and reporting systems,  emissions controls, oil spill prevention and  preparedness and salvage, rescue tug capability, voyage and contingency planning, and improved charting. © Maritime Law Agency, 2016

Options: “Do nothing” “Do nothing” For now - both States can do nothing keeping in mind the cost effectiveness of any traffic control scheme for an area of the Bering strait size with current small amount of traffic. Conclude “Bering strait regime agreement” Conclude “Bering strait regime agreement” US – RUSSIAN could cooperate in drafting and adopting “Bering strait agreement on vessel traffic managing …” which could reduce the probability of negative impact on the Bering strait waters which are highly sensitive marine environment. “ No, we do not want to enter into an agreement…” “ No, we do not want to enter into an agreement…” At least adopt unilateral (but mutually agreed) rules to establish the Areas Restricted for navigation… and speed limits. © Maritime Law Agency, 2016

Thank you