TRAFIC REGULATIONS IN BERING STRAIT Alexander ID: 561659
Download Presentation The PPT/PDF document "VESSEL" is the property of its rightful owner. Permission is granted to download and print the materials on this web site for personal, non-commercial use only, and to display it on your personal computer provided you do not modify the materials and that you retain all copyright notices contained in the materials. By downloading content from our website, you accept the terms of this agreement.
Slide1
VESSEL TRAFIC REGULATIONS IN BERING STRAIT Alexander Skaridov
CMI/MLA meeting May 2016
©
Maritime Law Agency, 2016Slide2
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, 2016Slide3
The Bering straitConsists of two navigable areas: “East” & “West” In fact – 2 straits! One within the sovereignty of the USA ; anotherin 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, 201622.9 m
23.6 m
2.4 mSlide4
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 1867USA/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, 2016Slide5
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, 2016Slide6
BS passage regulationsPerhaps, because currently straits are mainly used for commercial shipping – questionon 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, 2016Slide7
How bad is the current traffic?The intensity of shipping trafficYEARNORTHBOUNDTRANSITSSOUTHBOUNDTRANSITS
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
2552015232220452
Expert opinion suggests that cargo throughput islikely to increase from 1.36 million tons in 2013 - 4 million tons in 2015to 65 million tons by 2020.
©
Maritime Law Agency, 2016Slide8
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, 2016Slide9
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, 2016Slide10
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, 2016Slide11
NSR cargo logistics flowthe development of the horizontal rail way logistics© Maritime Law Agency, 2016Vertical Logistics through Inland waterways Slide12
© Maritime Law Agency, 2016If 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. Slide13
Estimation of negative impact on marine environmentThe 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, 2016Slide14
BERINGIA NATIONAL PARK© Maritime Law Agency, 2016Was established as Regional park in 1993, got Federal status in 2013Slide15
Bering strait protective measures:improving marine infrastructurevessel routing measures vessel traffic control system establishing the restricted zones.© Maritime Law Agency, 2016Slide16
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, 2016Slide17
Traffic separation scheme for the BSAs 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, 2016Slide18
Coast Guard proposed routing measures for the Bering Strait© Maritime Law Agency, 2016The 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.Slide19
2015 Maritime Traffic in NW ArcticProvided by Captain Ed Page U.S. Coast Guard (R),Executive Director Marine Exchange of AlaskaWhen 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, 2016Slide20
Possible routing system© Maritime Law Agency, 2016Slide21
From the “Russian” side routing system should include passage between Cape Chaplina - Cape Cape Gambell (St. Lawrence island) © Maritime Law Agency, 2016Slide22
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, 2016Slide23
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, 2016Slide24
Thank you