Download Maritime Law Agency, 2016 - Maritime Law Association

CMI/MLA meeting May 2016
VESSEL TRAFIC REGULATIONS IN BERING STRAIT
Alexander Skaridov
©
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.
2.4 m
©
Maritime Law Agency, 2016
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).
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.
©
Maritime Law Agency, 2016
How bad is the current traffic?
The intensity of shipping traffic
YEAR
NORTHBOUND
TRANSITS
SOUTHBOUND
TRANSITS
TOTAL TRANSITS
2009
136
126
262
2010
128
114
242
2011
124
115
239
2012
154
162
316
2013
171
173
344
2014
130
125
255
2015
232
220
452
Expert opinion suggests that cargo throughput is
likely to increase from 1.36 million tons in 2013 - 4 million tons in 2015
to 65 million tons by 2020.
©
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 2010.
In 2011 it was transported - about 820 thousand
tons.
In 2015 - 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
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.
©
Maritime Law Agency, 2016
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.
2002 - tanker “Prestige” catastrophe in the Bay of Biscay it was
spilled into the sea, about 90 000 tons of petroleum products. The
cost of liquidation of the consequences - more than €2.5 million.
2010 - disaster in the Gulf of Mexico… the Bay was contaminated by
230 000 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
Was established as
Regional park in 1993,
got Federal status in 2013
©
Maritime Law Agency, 2016
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 2010. 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
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.
©
Maritime Law Agency, 2016
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
2015 Maritime Traffic
in NW Arctic
Provided by Captain Ed Page U.S. Coast Guard (R),
Executive Director Marine Exchange of Alaska
©
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”
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”
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…”
At least adopt unilateral (but mutually agreed) rules to
establish the Areas Restricted for navigation… and speed limits.
©
Maritime Law Agency, 2016
Thank you