Arctic Law and Policy Year in Review

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ARCTIC LAW & POLICY YEAR IN REVIEW: 2017

| TABLE OF CONTENTS

I. INTRODUCTION: ARCTIC NEWS HIGHLIGHTS ...... 5

II. TREATIES AND Other INTERNATIONAL AGREEMENTS ...... 9

A. U.N. CONVENTION ON THE LAW OF THE SEA...... 9

B. U.N. FRAMEWORK CONVENTION ON CLIMATE CHANGE (UNFCCC)...... 10

C. INTERNATIONAL CONVENTION FOR PREVENTION OF POLLUTION FROM SHIPS (MARPOL). 11

D. BALLAST WATER MANAGEMENT CONVENTION ...... 12

E. ARCTIC COUNCIL AGREEMENT ON COOPERATION ON MARINE OIL POLLUTION PREPAREDNESS AND RESPONSE IN THE ARCTIC...... 13

F. ARCTIC COUNCIL AGREEMENT ON COOPERATION ON AERONAUTICAL AND MARITIME SEARCH AND RESCUE IN THE ARCTIC ...... 13

G. ARCTIC COUNCIL AGREEMENT ON ENHANCING INTERNATIONAL SCIENTIFIC COOPERATION ...... 13

H. DECLARATION CONCERNING THE PREVENTION OF UNREGULATED HIGH SEAS FISHING IN THE CENTRAL ARCTIC OCEAN...... 14

III. STATE PRACTICE ...... 14

A. UNITED STATES: FEDERAL GOVERNMENT ...... 14

1. U.S. CONGRESS ...... 14

2. PRESIDENT ...... 15

3. DEPARTMENT OF STATE ...... 16

4. DEPARTMENT OF HOMELAND SECURITY/U.S. COAST GUARD ...... 16

5. DEPARTMENT OF COMMERCE / NOAA ...... 22

6. DEPARTMENT OF INTERIOR / BOEM / BSEE / USGS ...... 23

7. DEPARTMENT OF DEFENSE ...... 26

8. NASA ...... 28

9. ENVIRONMENTAL PROTECTION AGENCY ...... 28

10. SIGNIFICANT U.S. COURT DECISIONS ...... 28

11. U.S. ARCTIC RESEARCH COMMISSION ...... 29

12. NATIONAL OCEAN COUNCIL ...... 30

13. COMMITTEE ON THE MARINE TRANSPORTATION SYSTEM ...... 30

14. NATIONAL ACADEMIES TRANSPORTATION RESEARCH BOARD ...... 31

B. UNITED STATES: ALASKA ...... 31

1. STATE OF ALASKA ...... 31

C. CANADA ...... 34

D. CHINA ...... 36

E. DENMARK / GREENLAND / FAROE ISLANDS ...... 38

F. FINLAND ...... 39

G. ICELAND ...... 39

H. JAPAN ...... 40

I. NORWAY ...... 41

J. RUSSIA ...... 43

K. SCOTLAND ...... 47

L. SOUTH KOREA ...... 47

M. SWEDEN ...... 48

N. EUROPEAN UNION ...... 49

O. UNITED KINGDOM ...... 50

IV. INTERNATIONAL ORGANIZATIONS ...... 50

A. UNITED NATIONS ...... 50

B. ARCTIC COUNCIL ...... 51

C. INTERNATIONAL MARITIME ORGANIZATION (IMO) ...... 55

D. FAO COMMITTEE ON FISHERIES (COFI) ...... 58

E. INTERNATIONAL WHALING COMMISSION (IWC) ...... 59

F. NORTH ATLANTIC MARINE MAMMAL COMMISSION (NAMMCO) ...... 60

G. COMMISSION ON LIMITS OF THE CONTINENTAL SHELF (CLCS) ...... 60

H. UNESCO / IOC / ICES / PICES ...... 64

I. WORLD TRADE ORGANIZATION ...... 65

J. INTERNATIONAL TRIBUNALS ...... 66

K. UNITED NATONS ENVIRONMENT PROGRAM (UNEP) ...... 68

V. SELECTED ARCTIC THEMES ...... 68

A. ARCTIC MARINE SHIPPING ...... 68

1. PROGNOSIS FOR ARCTIC SHIPPING ...... 69

2. ARCTIC MARINE SHIPPING ASSESSMENT ...... 70

3. ARCTIC SHIPPING ROUTES...... 71

4. INTERNATIONAL AGREEMENTS ON SHIPPING SAFETY ...... 74

5. ARCTIC SHIPPING SAFETY MEASURES ...... 75

B. POLAR ICEBREAKERS ...... 77

C. ARCTIC LIVING MARINE RESOURCES ...... 82

D. ARCTIC NON-LIVING MARINE RESOURCES ...... 87

E. MARINE POLLUTION PREVENTION, RESPONSE & LIABILITY ...... 92

F. ARCTIC MARINE SCIENTIFIC RESEARCH ...... 92

G. INDIGENOUS ARCTIC RESIDENTS ...... 94

H. MILITARY ACTIVITIES IN THE ARCTIC ...... 95

VI. UNIVERSITY OF WASHINGTON ALPI NEW DEVELOPMENTS ...... 99

VII. SELECTED CONFERENCES ...... 99

I. INTRODUCTION: ARCTIC NEWS HIGHLIGHTS

According to the U.S. National Oceanic and Atmospheric Administration’s 2017 Arctic Report Card, while 2017 did not shatter as many records as 2016, the Arctic shows no sign of returning to the reliably frozen region it was decades ago. Arctic temperatures continue to increase at double the global rate.

2017 marked the end of the United States’ chairmanship of the Arctic Council and the beginning of another term for Finland. At the May 11, 2017 Fairbanks Ministerial hosted by Secretary of State Rex Tillerson – the first ministerial in which all eight member states were represented by their Foreign Ministers – the Arctic Council member states adopted the Fairbanks Declaration and the Agreement on Enhancing International Arctic Scientific Cooperation, the council’s third legally binding agreement. The purpose of the Agreement is “to enhance cooperation in Scientific Activities in order to increase effectiveness and efficiency in the development of scientific knowledge about the Arctic.” During its two-year chairmanship Finland intends to emphasize the implementation of the Paris Agreement on climate change and the UN sustainable development goals (SDGs) while working to strengthen Arctic cooperation and its continuity at the highest political level.

On June 1, 2017, President Trump announced that the U.S. would cease all participation in the 2015 Paris Agreement on climate change mitigation.

In November 2017, delegations from the five States that border the Arctic Ocean (Canada, Denmark/Greenland and the Faroe Islands, Norway, Russia and the U.S.), four States whose vessels engage in distant water fishing operations (China, Iceland, Japan and South Korea) and the European Union, on behalf of its member States, met in Washington, DC, to negotiate a draft a legally binding agreement to prevent illegal, unreported and unregulated (IUU) fishing in the high seas area of the Central Arctic Ocean.

A sign, perhaps, of waning Arctic interest, two media sources of Arctic reporting and analysis ceased publication in 2017. Alaska Dispatch News (ADN.com) filed for bankruptcy on August 13, 2017. Its assets were acquired by new owners who rebranded the publication as Anchorage Daily News. New York-based digital media project Arctic Deeply ceased publication on September 15, 2017. Calling the move a “transition,” the announcement indicated that Arctic-related news would be included in the Oceans Deeply newsletter service.

Arctic Council Ministerial only 21percent of the ice cover in 2017 compared to 45 percent in 1985. The The United States hosted the Arctic winter ice maximum on March 7, 2017 was Council’s 10th Ministerial in Fairbanks, the lowest on record (which goes back to Alaska, from May 10-11, 2017. Ministers 1979), eight percent lower than the representing the eight Arctic States, joined average ice maximum between 1981 and by representatives of the six Permanent 2010. Arctic sea ice extent for December Participant organizations, adopted the 20- 2017 averaged 4.54 million square miles, page, 46-point Fairbanks Declaration. The the second lowest in the 1979 to 2017 Declaration addressed: Arctic Ocean satellite record. Safety, Security and Stewardship, Improving Economic and Living Condition, Arctic Climate Conditions: The Addressing the Impacts of Climate Change, average surface air temperature for the and Strengthening the Arctic Council. reporting year ending September 2017 Senior Arctic Officials Meetings was the second warmest since 1900; however, cooler spring and summer Under the U.S. Arctic Council temperatures contributed to a rebound in chairmanship, the Senior Arctic Officials snow cover in the Eurasian Arctic, slower met twice in 2017: in Juneau, Alaska from summer sea ice loss, and below-average March 7-9, 2017, and in Anchorage, Alaska melt extent for the Greenland ice sheet. from May 8-9, 2017. Under Finland’s Sea temperatures are climbing: surface chairmanship, the SAOs met from October temperatures in the Barents and Chukchi 25-26, 2017 in Oulu, Finland. Sea are 7.2 degrees Fahrenheit above the Arctic Scientific Cooperation average. Vegetation and greening is taking over tundra, accompanying record The Arctic Council member States adopted permafrost thawing. the Agreement on Enhancing International Arctic Scientific Oil and Gas Activities Cooperation at the May 11, 2017  After dipping as low as $28/barrel in Ministerial in Fairbanks, Alaska. It is the 2015, and as low as $47/barrel in 2017, Council’s third binding agreement. Brent crude oil futures (the global Arctic Ice Conditions: Older sea ice tends benchmark for oil prices) recovered to to be thicker, stronger, and better able to close in late December 2017 at bounce back from unfavorable $67/barrel. On Jan. 9, 2018, the U.S. conditions. In 2017, the sea ice Energy Information Administration cover continued to be relatively young published its Short-Term Energy and thin with older, thicker ice comprising Outlook, forecasting Brent crude to 6

average around $60 a barrel in 2018  Russia’s Yamal gas plant opened on and $61 in 2019. December 8, 2017. When fully operational, the plant is expected to  On January 17, 2017—three days reach an annual peak production of before leaving office—Secretary of the 16.5 million tons. Three icebreaking Interior Sally Jewell approved a 2017- LNG tankers were quickly put into 2022 OCS Oil and Gas Leasing Program service transporting gas from the and issued a Record of Decision (ROD) Yamal Peninsula to northern Asia for the Programmatic EIS. Under the markets via the Bering Strait. Obama Administration program, some 94 percent of the OCS, including all of Arctic Shipping the federal OCS lease areas in the Chukchi and Beaufort Seas, were to be  Northern Sea Route (NSR): The off limits for oil and gas leasing. Upon Northern Shipping Administration taking office on January 20, 2017, the (NSRA) established a new web site in Trump Administration announced that 2017. As this YIR Report was being it would revisit the decision. On January compiled the NSRA had not published 4, 2018, Secretary of Interior Ryan statistics on 2017 traffic. One unofficial Zinke announced a draft National source reported that 9,737 million tons Outer Continental Shelf Oil and Gas of goods was shipped on the Northern Leasing Program (National OCS Sea Route in 2017, an increase of Program) for 2019-2024, which almost 35 percent from 2016. proposes to make over 90 percent of  Chinese shipping companies the total OCS acreage and more than accounted for a dozen of the NSR 98 percent of undiscovered, technically vessel transits in 2017, compared to recoverable oil and gas resources in five vessels transiting through the NSR federal offshore areas under in 2016, reflecting the inclusion of the consideration for future exploration NSR in China’s One Belt One Road and development. project discussed below.

 In February 2017 Sweden’s Lundin  Northwest Passage: One paper Petroleum announced it had found an reports that thirty-three vessels estimated 35 million to 100 million navigated the Northwest Passage in barrels of oil equivalent (BOE) in the 2017, and twenty-three of those were Norwegian Barents Sea. The prospect pleasure yachts. — known as Filicudi — could contain up to 700 million barrels.  From July 12 to August 28, 2017, the U.S. Coast Guard buoy tender Maple

transited from her homeport in Sitka, any greenhouse gas emissions source; Alaska to the Coast Guard Yard in and (4) associated emissions Maryland, via the NWP. The Canadian (attributable to venting, flaring, and Coast Guard icebreaker Terry Fox leakage across the supply chain). The assisted in Maple’s transit. bill did not make it out of any of the seven committees to which it was assigned. Readers may recall that in June 2016 the House of Representatives passed a resolution (237-163) listing the pitfalls of a tax on carbon dioxide emissions and

concluding that such a policy “would be  The crew of U.S. Coast Guard Cutter detrimental to American families and Maple follows the crew of Canadian businesses, and is not in the best Coast Guard Icebreaker Terry Fox interest of the United States.” through the icy waters of Franklin Council on Foreign Relations releases Strait, in Nunavut Canada, August 11, its Arctic Imperatives Report 2017. U.S. Coast Guard photo by Petty Officer 2nd Class Nate Littlejohn. In March 2017, the Council on Foreign Relations issued its 83-page report Arctic Legislation/ International Agreements Imperatives: Reinforcing U.S. Strategy on

 The U.S. FY 2018 National Defense America’s Fourth Coast. The report was Authorization Act authorized funds to prepared by the twenty-member begin the construction of a Polar Class Independent Task Force that was co- heavy icebreaker to replace the Coast chaired by former New Jersey Governor Guard’s aging Polar Star. Christine Todd Whitman and retired Coast Guard Admiral and former Commandant  Carbon Tax? On July 26, 2017, Rep. Earl Thad Allen. Blumenauer introduced a bill proposing the “American Opportunity Carbon Fee Act of 2017.” If enacted, the bill would have imposed fees on: (1) fossil fuel products producing carbon dioxide emissions, including coal, petroleum products, and natural gas; (2) fluorinated greenhouse gases; (3) emissions of any greenhouse gas from

disputes within the framework provided by the Law of the Sea. In doing so, they The Report identified six main goals the rejected calls for a new treaty regime, United States should pursue in the Arctic similar to the Antarctic Treaty System. The region: declaration concludes that the Law of the

1. Accession to the U.N. Law of the Sea framework “provides a solid Sea Convention, to enable the U.S. foundation for responsible management to secure its claims to an extended continental shelf in the Arctic. by the five coastal States and other users 2. Fund up to six U.S. Coast Guard of this Ocean through national icebreakers. implementation and application of 3. Improve telecommunications, relevant provisions. We therefore see no energy and other infrastructure in need to develop a new comprehensive Alaska. international legal regime to govern the 4. Deepen U.S. work with all Arctic Arctic Ocean.” states, including Russia, on confidence building and 2017 brought no significant progress on cooperative security measures through the Arctic Council. possible U.S. accession to the 1982 U.N. 5. Support sustainable development Convention on the Law of the Sea. At an for the people of the Arctic and Arctic economic development event further consult with Alaska Natives hosted by the Center for International and to improve their well-being. Strategic Studies in DC, Senator 6. Sustain robust research funding to Murkowski (R-Alaska) and Senator King (I- understand the ongoing profound Maine), both members of the Arctic changes in the region and their impact on the globe. Caucus, spoke strongly in support of the United States acceding to the LOS II. TREATIES AND OTHER Convention. Senator King called the INTERNATIONAL Senate’s failure to ratify the pact “a huge AGREEMENTS self-inflicted wound” that limits the country’s power in deciding broad maritime issues.

Opponents argue accession relinquishes too much sovereignty to a dispute In the 2008 Ilulissat Declaration, the five resolution regime proven ineffective at coastal nations bordering the Arctic Ocean checking territorial aggression, for (Canada, Denmark/Greenland, Norway, example by China in the South China Sea. Russia, and the U.S.), jointly affirmed their Proponents—which includes every commitment to settle any Arctic maritime president since Bill Clinton’s presentment 9

to Congress over 20 years ago, the Navy, greenhouse gas emissions, national the U.S. Coast Guard, and the Alaska Arctic policies, and best practices, (2) launch Policy Commission—point out that national strategies for addressing accession would, among other things, help greenhouse gas emissions and adapting to the United States maximize international expected impacts, including the provision recognition and legal certainty regarding of financial and technological support to the outer limits of the U.S. continental developing countries, and (3) cooperate in shelf. preparing for adaptation to the impacts of climate change. The LOS Convention is supported by two implementation agreements. The first The convention provides a framework that implements (and amends) Part XI of the is then implemented by a series of Convention, which deals with mineral protocols designed to limit average global resources of the deep seabed beyond temperature increases and the resulting national jurisdiction. The second deals climate change, and to cope with climate with straddling and highly migratory fish change impacts. On April 22, 2016, the stocks. The latter agreement, to which the vast majority of States agreed upon a new United States is a party, will likely figure in framework—the “Paris Agreement.” The management of straddling fish stocks in U.S. delegation was led by Secretary of the Central Arctic Ocean. A third State John Kerry. implementation agreement on conserving biological diversity in areas beyond Paris Agreement national jurisdiction (“BBNJ”) is under The 2016 Paris Agreement’s central aim is development at the United Nations. to strengthen the global response to the threat of climate change by keeping a global temperature rise this century well below 2 degrees Celsius above pre- The UNFCCC, which entered into force on industrial levels and to pursue efforts to March 21, 1994, sets an overall framework limit the temperature increase even for intergovernmental efforts to tackle the further to 1.5 degrees Celsius. challenge posed by climate change. It Additionally, the agreement aims to recognizes that the climate system is a strengthen the ability of countries to deal shared resource that can be degraded by with the impacts of climate change. To industrial and other emissions of carbon reach these ambitious goals, appropriate dioxide and other greenhouse gases. financial flows, a new technology Under the Convention, governments: (1) framework and an enhanced capacity gather and share information on building framework will be put in place, 10

thus supporting action by developing countries and the most vulnerable countries, in line with their own national objectives. The MARPOL Convention establishes a framework for the prevention and control The Paris Agreement entered into force on of vessel-source pollution that is then November 4, 2016. By December 2017, implemented by six annexes. The U.S. is a 171 States had ratified the Agreement. On party, and MARPOL is implemented in the June 1, 2017, however, President Trump U.S. by regulations promulgated under the announced that the U.S. would cease all Act to Prevent Pollution from Ships, 33 participation in the Paris Agreement. U.S.C. §§ 1901-1915. The six MARPOL COP23 [The 23rd Conference of Parties] annexes include: Annex I Prevention of pollution by oil, Annex II Control of Under the leadership of UNFCCC Executive pollution by noxious liquid substances, Secretary Patricia Espinosa, the November Annex III Prevention of pollution by 6-17, 2017 UN Climate Change Conference harmful substances in packaged form, (COP23) in Bonn, Germany took steps to Annex IV Prevention of pollution by implement the Paris Climate Change sewage from ships, Annex V Prevention of Agreement and non-Party stakeholders pollution by garbage from ships, and made some major action announcements Annex VI Prevention of air pollution from in support of the Paris Agreement and the ships. UN’s Sustainable Development Goals. The dramatic reality of recent extreme MARPOL Annex VI prescribes global limits weather events and scientific findings that on vessel exhaust emissions of sulfur and climate change is accelerating and that nitrogen oxides (SOx and NOx) and greenhouse gas emissions are again on particulate matter, and prohibits the rise persuaded the COP23 attendees deliberate emissions of ozone depleting that climate action must speed up. substances (ODS). It also allows states to seek IMO approval of sulfur special emissions control areas (SECA), within which stricter emission limits may be set.

emit up to 25 percent less carbon dioxide, 99 percent less sulfur, 99 percent fewer particles, and 85 percent less nitrogen oxides. The advent of LNG-fueled vessels will necessitate a commitment to LNG bunkering capacity building.

Following President Trump’s

announcement that the U.S. would The IMO approved an application by the withdraw from the Paris Agreement, U.S., Canada, and France to establish a Environmental NGOs suggested that the SECA for North America in 2010. It entered decision could put added pressure on the into force in 2011 and its 0.1 percent sulfur IMO to cut greenhouse gas emissions from emissions limit went into effect January 1, international shipping. Although 2015. The North American SECA does not international shipping is not included in presently extend into the Arctic (see the Paris Agreement, NGOs opine the U.S. above). As a result, the less stringent withdrawal will raise the pressure on all global Annex VI emissions standards apply major industrial sectors to decrease their in those waters. emissions. International shipping accounts for over two percent of man- In 2016, the IMO’s MEPC set a January 1, made carbon emissions, collectively 2020 deadline for implementing the 0.5 ranking it among one of the world’s most percent sulfur limit for marine fuel significant greenhouse gas emitters. (outside of any of the Emission Control

Areas, where lower limits apply). The stricter requirements, prescribed in regulation 14.1.3 of MARPOL Annex VI, The International Convention for the raised concerns about the availability of Control and Management of Ships' Ballast marine fuel meeting the low-sulfur Water and Sediments (BWM), adopted in content requirements. 2004, received the requisite number of To meet regional vessel emission ratifications and entered into force on restrictions in IMO-adopted Emission September 28, 2017. Incoming Arctic Control Areas and the global emission Council Chair Finland provided the caps set for implementation in 2020, a necessary ratification. The U.S. is not a number of companies are building new party to the Convention. With the U.S. vessels or converting existing vessels to run ballast water management is regulated by on LNG. LNG-powered vessels reported both the federal government (National Invasive Species Act, 16 U.S.C. Chapter 67; 12

33 C.F.R. Part 151 Subparts C & D) and the states.

The Marine Oil Pollution Cooperation Agreement was signed by all Arctic Council member-states at the 2013 ministerial meeting in Kiruna, Sweden. The The agreement coordinates international Agreement builds on frameworks search and rescue (SAR) coverage and established by UNCLOS, the Oil Pollution response in the Arctic, and establishes the Preparedness, Response and Co- area of SAR responsibility of each state Operation Convention (OPRC), and the party. 1969 International Convention Related to Member states of the Arctic Coast Guard Intervention on the High Seas in Cases of Forum tested the SAR Agreement in Oil Pollution Casualties. Exercise Arctic Guardian, conducted off the coast of Iceland from September 4-6, 2017.

The Agreement on Cooperation on Aeronautical and Maritime Search and Rescue in the Arctic (SAR) was the first The Arctic Council’s third legally binding binding agreement negotiated under the agreement was adopted at the Fairbanks auspices of the Arctic Council. The ministerial on May 11, 2017. The purpose agreement coordinates international of the Agreement on Enhancing search and rescue coverage and response International Arctic Scientific Cooperation in the Arctic, and establishes the area of is “to enhance cooperation in Scientific SAR responsibility of each state party (see Activities in order to increase effectiveness graphic below). and efficiency in the development of scientific knowledge about the Arctic.” The Agreement calls on signatories to provide full and open access to scientific metadata, promote opportunities for early career scientists and students at all levels of 13

education to get involved with research negotiations pursued at the meeting built activities conducted under the Agreement, on the 2015 Oslo Declaration. and encourage the utilization of traditional and local knowledge as appropriate. Draft Multilateral Fishing Agreement for Central Arctic Ocean: Building on the

2015 Oslo Declaration, delegations from the five States that border the Arctic Ocean (Canada, Denmark/Greenland and the The Oslo Declaration, signed by five Arctic Faroe Islands, Norway, Russia and the states in 2015, prevents unregulated U.S.), four States whose vessels engage in commercial fishing in the high seas waters distant water fishing operations (China, of the Central Arctic Ocean (see graphic Iceland, Japan and South Korea) and the below). European Union met in Washington, DC, from November 28-30, 2017 and successfully negotiated a draft agreement to prevent illegal, unreported and unregulated (IUU) fishing in the 2.8 million square mile high seas area of the Central Arctic Ocean. The date when the agreement will be opened for signature has not yet been announced.

III. STATE PRACTICE The Central Arctic Ocean “donut hole”; The area covered by the 2015 Declaration. The declaration, which was non-binding, recognized that, although commercial A. UNITED STATES: FEDERAL fishing in Arctic waters is not imminent, GOVERNMENT the reduction of Arctic sea ice and environmental challenges in the region necessitate a “precautionary approach to Arctic Caucus. Alaska Senator Lisa prevent unregulated fishing in the area.” Murkowski and Maine Senator Angus King announced in March 2015 the creation of The Fifth Meeting of Scientific Experts on an Arctic caucus that will focus on building Fish Stocks in the Central Arctic Ocean U.S. leadership in the region and provide a took place in Ottawa, Canada from forum for discussion on defense, energy, October 24-26, 2017. The diplomatic environment and trade. Senator

Murkowski called on her colleagues to take of a changing climate — such as increased on the U.S.’s leadership role as an Arctic maritime access to the Arctic, rising sea nation and “[e]mbrace your inner-Arctic levels, desertification, among others — self.” impact our security situation.’’ In the Arctic in particular, “the combination of melting Within the House, Representatives Don sea ice, thawing permafrost, and sea-level Young of Alaska and Rick Larsen of rise is eroding shorelines, which is Washington State formed the damaging radar and communication Congressional Arctic Working Group on installations, runways, seawalls, and January 23, 2015. training areas.” Senator King joined Alaska’s and

Washington’s senators to advocate for increased funding for the Coast Guard Donald J. Trump took office as the 45th budget for construction of additional U.S. president of the United States on January icebreakers. These vessels, explained 20, 2017. As expected, the new Senator King, are essential to maintaining administration revisited several decisions shipping routes in the Northwest Passage made by its predecessors. which is the “highway of the Arctic.” Regulatory Reviews FY18 Appropriations Following through on his campaign As the 2017 Year in Review was being promise to reduce the regulatory burdens prepared, the federal government was imposed by the federal government, operating on a series of continuing President Trump issued three Executive resolutions. Orders in his first three months in office National Defense Authorization Act for directing all federal agencies to conduct FY 2018 regulatory reviews (E.O. 13771, E.O. 13777 and E.O. 13783). President Trump signed the National Defense Authorization Act for fiscal year Elimination of Bering Sea Climate 2018 into law on December 12, 2017. Resilience Area. On April 28, 2017, Although section 122 of the Act authorizes President Trump issued an Executive construction of one Polar class heavy Order outlining an “America-First Offshore icebreaker, the authorization act does not Energy Strategy” that repealed President appropriate the necessary funds. Section Obama’s executive order issued four 355 of the NDAA acknowledges the effects months earlier establishing the Bering Sea of climate change on the work of the Climate Resilience Area. (Sec. 4(c)). Department of Defense, quoting Secretary Mattis as stating: “I agree that the effects 15

On November 28, 2017, the Bureau of creation of the list (the Countering Safety and Environmental Enforcement America's Adversaries through Sanctions (BSEE) issued Eni U.S., a unit of Italy’s Eni, a Act of 2017) takes effect on January 29, permit to explore for oil from an artificial 2018. island known as Spy Island in the Beaufort In mid-December 2017, Ambassador Sea. In approving the permit, BSEE David Balton announced his retirement Director Scott Angelle stated that from the U.S. Department of State, where “responsible resource development in the Balton has long provided leadership on Arctic is a critical component to achieving the department’s oceans and Arctic issues. American energy dominance.” Eni began Reportedly, Balton will join Princeton’s drilling at the end of December 2017. Wilson Center as a Global Fellow with the Withdrawal from Paris Agreement. In Center’s Polar Initiative. June 2017, President Trump announced that the U.S. would withdraw from the Paris Agreement. On December 6, 2017, Kirstjen Nielsen was U.S. Fines Exxon over Russia Sanctions. sworn in as Secretary of Homeland In July 2017, the U.S. Treasury Department Security, replacing John F. Kelly who was imposed a $2 million fine on Exxon Mobil earlier appointed White House Chief of Corporation for what it called a “reckless Staff. disregard” of U.S. sanctions on Russia.

Exxon fought back against the allegations, State of the Coast Guard. filing a complaint in U.S. District Court in the Northern District of Texas that Admiral Paul Zukunft, Commandant of the requested relief from the fine. U.S. Coast Guard, Delivered his State of the Coast Guard address on March 16, 2017,

at the National Press Club. The 2017 In 2017, the U.S. State Department created theme was “Ensuring National Security.” a list of 39 Russian defense organizations Among the accomplishments he cited, he that could be placed under sanctions in reported that the Coast Guard has response to Moscow’s involvement in the established an “Integrated Program Office 2016 U.S. presidential election. The draft with the Navy and just recently awarded list covered a wide swath of the Russian industry studies to accelerate the delivery defense industry, including shipyard of a new heavy icebreaker and to owners Kalashnikov Concern, Admiralty commence build-out of a fleet of three Shipyard, and United Shipbuilding heavy and three medium icebreakers” and Corporation. The statute requiring the the U.S. is “sprinting out of the starting

blocks to deliver the first heavy icebreaker by 2023.”

U.S. Coast Guard Rear Admiral Paul Thomas reported during his May 3, 2017 testimony before the House Subcommittee on Coast Guard and Maritime Transportation that, due to resource constraints, the Coast Guard has The ACGF is an operationally-focused, not been aggressively enforcing the Oil consensus-based organization with the Pollution Act of 1990 requirements for purpose of leveraging collective resources vessel response plans to include Salvage to foster safe, secure, and environmentally and Marine Firefighting (SMFF) response responsible maritime activity in the Arctic. service commitments. Membership includes all eight Arctic Admiral Paul Zukunft hosted the nations: Canada, Denmark, Finland, commissioner of the Canadian Coast Iceland, Norway, Sweden, the Russian Guard, Mr. Jeffery Hutchinson, in a one- Federation, and the United States. At the day “Summit” at the Coast Guard sector first principals’ meeting, representatives field office in Grand Haven, Michigan. A approved the ACGF Terms of Reference highlight of the meeting was the signing of and a Joint Statement of the participating the 2017 update to the Joint Marine states. Pollution Contingency Plan, which serves Representatives of the eight member- as a coordinated system for planning, states of the Arctic Coast Guard Forum preparedness, and responding to harmful met in Boston from March 20-24, 2017. substance incidents in the contiguous The meeting culminated in a Joint waters along the shared maritime borders Statement calling for cooperation on of the U.S. and Canada. emergency maritime response and Arctic Coast Guard Forum combined operations in the Arctic. U.S. Coast Guard Commandant Admiral The Department of Homeland Security Paul Zukunft joined leaders representing released a joint statement on October 30, Canada, Denmark, Finland, Iceland, 2015, officially establishing the Arctic Norway, Sweden and the Russian Coast Guard Forum (ACGF). Federation in the signing. The signing was followed by a ceremony handing off chairmanship of the group from the U.S. to the Finnish Border Guard.

The Joint Statement adopts doctrine, tactics, procedures and information- sharing protocols for emergency maritime response and combined operations in the Arctic. It culminated two years of international collaboration, as working groups established strategies, objectives Events kicked-off with a successful and tactics aimed towards achieving tabletop communication exercise to test common operational goals in the region. cooperation, coordination, and The members agreed to hold a live communication across partner nations’ exercise (Arctic Guardian 2017, rescue coordination centers. Participating summarized below) in the Danish Strait units successfully worked together during later in the year, to exercise the new a live exercise portraying a fictional cruise Voluntary Guidelines for Combined line operator who lost communications Operations and enhance multilateral with their cruise ship transiting the cooperation. They also scheduled a Denmark Strait from Greenland to Iceland. workshop to be held in Murmansk June 4- All assets responded based upon the 7, 2017 to pilot the Automated Information ship’s last known position and were able to Exchange System and evaluate its locate life rafts by operating together. potential for adoption by the Forum. The next exercise scenario commenced Search and Rescue Exercises. when Joint Rescue Coordination Center In March 2017, the ACGF commenced Iceland received notification of a missing planning to establish the first of its kind crewmember from a fictional vessel search and rescue exercise in the Arctic transiting the Denmark Strait. All maritime (Arctic Chinook 2016 was primarily a joint and air assets successfully coordinated exercise by the United States and Canada, their search and rescue efforts throughout designed in part to prepare for the the course of the day. upcoming voyage of the Crystal Serenity). The final exercise took place aboard Significant efforts ensued over the next Canadian coast guard icebreaker several months with personnel, maritime, CCGS Pierre Radisson. Following the and air assets arriving in Reykjavik, Iceland, vessels returning to port in Reykjavik. To to prepare for an event called “Arctic conclude the exercise, participants met Guardian 2017.” aboard frigate HDMS Vaedderen (Denmark) to identify lessons learned.

In November 2017, the ACGF met in Turku, requirements in Parts 140-144 on a Finland. phased-in basis beginning July 20, 2018.

Final Rule on Polar Ship Certificate The rules provide two compliance options: Carriage Requirements. On September (1) Towing Safety Management System 21, 2017, the U.S. Coast Guard published a (TSMS) certification by a third party, such final rule that added the Polar Ship as a classification society, or (2) periodic Certificate to a list of certificates that compliance inspections by the Coast certain U.S. and foreign-flag ships need to Guard. Vessels that choose the Coast carry on board if they engage in Guard inspection option are not also international voyages in polar waters. The required to adopt a TSMS, but may choose rule also enabled the Coast Guard to to do so. As inspected vessels (see 46 authorize recognized classification U.S.C. § 3301(15)), the towing vessels will societies to issue the Polar Ship Certificate also come under Coast Guard health and on the Coast Guard’s behalf. The final rule safety oversight (rather than OSHA), and became effective on October 23, 2017. any state regulation of towing vessel design, construction, alteration, repair, Regulations for Tug and Barge maintenance, operation, equipping, Operations. Much of the maritime service personnel qualification, and manning is to and from Alaska is provided by U.S. flag preempted (see Federalism analysis on 81 tug and barge operators, an industry that Federal Register at 40097). was only lightly regulated (tug and barge operations involving the carriage of oil are Updated Alternative Planning Criteria the prominent exception) until a series of National Guidelines. The U.S. Coast fatal incidents persuaded the U.S. Guard published updated Alternative Congress to take action. The Coast Guard Planning Criteria Guidelines for vessel spill Maritime and Transportation Act of 2004 response in the Federal Register on (Pub. L. No. 108-293, section 415) directed October 16, 2017. The updated national the Coast Guard to promulgate guidelines provided the maritime industry regulations for the inspection of towing with current information on developing vessels. Over a period of five years, the and submitting alternative planning Coast Guard developed and promulgated criteria and were intended to facilitate (in the Federal Register on June 20, 2016) consistency in the Coast Guard’s review of Subchapter M of 46 C.F.R. (Parts 136- proposed alternatives. 144). The 5,000-plus existing towing U.S.-China Dialogue on the Law of the vessels covered by Subchapter M (see the Sea and Polar Issues. The United States rule applicability provisions in 46 C.F.R. § hosted the Eighth Annual U.S.-China 143.200) must comply with the Dialogue on the Law of the Sea and Polar 19

Issues at the U.S. Coast Guard First District Arctic Shield 2017 began July 1, with Headquarters in Boston, Massachusetts deployments by the crews of the Coast from August 28-29, 2017. Experts from Guard Cutters Healy, Sherman, Maple, U.S. and Chinese foreign affairs and Hickory, and Alex Haley, as well as Coast maritime agencies exchanged views on a Guard participation in Operation Arctic wide range of issues related to oceans, the Guardian, a multi-agency pollution law of the sea, and the polar regions. Evan response exercise to take place in Bloom, Director for Ocean and Polar Utqiagvik. Affairs in the Bureau of Oceans and The Coast Guard’s Director of Marine International Environmental and Scientific Transportation Systems and Senior Arctic Affairs of the U.S. Department of State and Policy Advisor, Mr. Mike Emerson, Ma Xinmin, Deputy-Director General in the presented on Maritime Challenges Across Department of Treaty and Law in China’s the Arctic at the 12th Annual Patuxent Ministry of Foreign Affairs led the Defense Forum on December 12, 2017. delegations for each country. China plans The theme of the Forum was “The Arctic to host the next round in 2018. Domain: From Economics to National Arctic Shield 2017. As part of Operation Security.” Emerson identified three Arctic Shield 2017, the Coast Guard priorities for the Coast Guard: Increased deployed cutters, aircraft, and personnel access, maritime activity, and national from Dutch Harbor through the Bering security challenges in the U.S. Strait and along the North Slope, including Arctic; continued international the Northern Alaska Outer Continental cooperation and maturation of the Arctic Shelf. Arctic Shield 2017 operations, Coast Guard Forum; and recapitalization conducted under the overall command of of ice-capable assets, including of the Rear Admiral Michael McAllister, Heavy Polar Icebreaker and aviation commander, Coast Guard 17th District, assets. focused on promoting national interests Coast Guard Center for Arctic Study and and security throughout the Arctic. The Policy (CASP) Arctic Shield 2017 objectives were to: The Coast Guard established the Center . Perform Coast Guard missions and activities in the Arctic; for Arctic Study and Policy (CASP) in . Enhance Arctic Maritime Domain September 2014. SES Michael Emerson, Awareness (MDA); Director of the Coast Guard’s Marine . Broaden partnerships in support of Transportation Systems Management Coast Guard Arctic operations; and Directorate (CG-5PW), provides overall . Enhance and improve preparedness, direction for CASP. prevention, and response capabilities.

The CASP mission is to promote academic Alaska Anchorage. Although a formal research on Arctic policy and strategy by ribbon-cutting ceremony was held in facilitating collaboration, partnerships, Anchorage in 2015, the Center has been and dialogue among specialists from operating since August 2014, bringing academia, government, tribal together academics, industry groups, organizations, NGOs, industry, and the stakeholders, and government agencies Coast Guard. The core CASP team is working on technology in the Arctic. assisted by four research fellows: Roger Reportedly, the Center will offer scholarships and other opportunities for Rufe (Vice Admiral, U.S. Coast Guard, studies to research navigation simulation retired and former president of Ocean and Arctic modeling. Conservancy), Lawson W. Brigham, James B. Ellis, and Craig H. Allen Sr. The Coast Guard hosted an ADAC meeting The CASP fellows met three times in 2017. at its headquarters from November 28-29, The first meeting—a CASP Fellows Summit 2017. The meeting brought together with Mr. Mike Emerson—was held at the researchers from the Department of Coast Guard Academy March 27-28, 2017. Homeland Security (DHS) Center of Excellence with leaders from the Coast In May and July, the fellows met again to Guard, its principal client. The Center is prepare an addendum to the Coast currently studying capabilities to track Guard’s 2010 High Latitude Region Mission Arctic oil spills, map new sea lanes, Analysis, to inform the Coast Guard in its forecast sea ice, and improve situational acquisition of icebreakers and associated awareness. ADAC is also working to aircraft and communications develop a Great Lakes Ice Classification infrastructure. System that could be applied in the Arctic. On September 4, 2017 the Coast Guard’s Other Coast Guard Developments newly appointed CASP Director, Ms. Cara Condit, assumed her duties. A former  In late September, 2017, the U.S. Coast Coast Guard attorney specializing in Guard was called upon to medevac an international and environmental law, Ms. injured crewmember from the Chinese Condit has advised on the Polar Code, research vessel Xuelong near Nome, MARPOL, and the CG Arctic Strategy. Alaska. DHS Arctic Domain Awareness Center  Coast Guard Cutter Healy (WAGB 20),

The Department of Homeland Security’s which travels annually to the Arctic, Arctic Domain Awareness Center (ADAC) is deployed on June 27, 2017, from its a research and development center home port in Seattle with 85 Coast currently located at the University of Guardsmen and 40 scientists. During

its 147 day Arctic West Summer 2017 (commonly referred to as the National deployment, Healy participated in the Marine Fisheries Service). Coast Guard’s annual Operation Arctic Shield readiness exercise and hosted a Charting the Arctic. research team from the Coast Guard’s According to the U.S. National Oceanic and Research and Development Center, Atmospheric Administration (NOAA), only who tested unmanned boat systems 1.5 percent of U.S. Arctic waters have been among the ice floes, an oil skimmer surveyed with modern survey methods. and a quadcopter. A team of NOAA Many of the charts, including those scientists and collaborators also came covering the waters off western Alaska and aboard for a 22-day cruise to study the Aleutian Islands, contain information environmental change in the western that dates back to before World War II. Arctic Ocean. Among this year’s Arctic Other regions remain entirely unsurveyed. deployment highlights, Healy deployed NOAA’s 2017 Hydrographic Survey plan scuba equipped divers—the first time included several areas off Alaska, including divers entered Arctic waters from a Port Clarence, an oft-mentioned candidate Coast Guard vessel since a tragic for development as a deep water port. accident took two Healy divers’ lives in NOAA also deployed unmanned sailing 2006. Healy returned to Seattle on drones to the Bering Strait region to collect November 21, 2017. data.

Ocean Acidification.

Ocean acidification is spreading rapidly in the western Arctic Ocean in both area and depth, potentially affecting shellfish, other

marine species in the food web and Wilbur Ross was sworn in as Secretary of communities that depend on these Commerce on February 28, 2017, resources, according to new research replacing Penny Pritzker. In October, published in Nature Climate Change by President Trump nominated Accu- NOAA, Chinese marine scientists and Weather CEO Barry Myers to serve as the other partners. Ocean acidification next NOAA Administrator. On June 19, combined with warming of the world 2017, Chris Oliver, formerly Executive oceans and loss of oxygen is having a Director of the North Pacific Fishery severe impact on key Arctic marine species Management Council, was appointed such as polar cod in the Barents Sea, Assistant Administrator for Fisheries

according to a new study conducted by beluga whales as a depleted stock under German scientists. the Marine Mammal Protection Act (MMPA). Ringed Seal Critical Habitat. The ringed seal is the smallest and most common seal Ocean Noise Strategy Roadmap in the Arctic. They are commonly associated with ice floes and pack ice. In late 2016, NOAA released the final Ringed seals are a primary food source for Ocean Noise Strategy Roadmap, which will polar bears, and share the polar bears’ guide the agency’s efforts to manage reliance on ice and snow in the Bering, ocean noise effects on marine life. The Chukchi, and Beaufort Seas. Roadmap highlights a path to expand NOAA’s historical focus on protecting The total Alaska ringed seal population is specific species by additionally addressing estimated at 300,000. All ringed seals are noise impacts on high value acoustic protected under the Marine Mammal habitats. According to NOAA, the Strategy Protection Act. Some ringed seal stocks Roadmap will serve as an organizing tool are also protected as threatened or to rally its multiple agency offices that endangered under the Endangered address ocean noise impacts around a Species Act, which requires designation of more integrated and comprehensive critical habitat areas. In December 2014, approach. The roadmap suggests key roles NOAA proposed to designate roughly for continuing partnerships and starting 350,000 square miles of Alaska’s north and new ones with other federal agencies, west coasts as critical habitat for ringed industries, academic researchers, seals. The proposed designation includes environmental advocates, and others. “no regulatory restrictions, only a consultation requirement for federal agencies.” The public comment period closed on March 31, 2015. No further Ryan Zinke was sworn in as the 52nd action has been reported. Secretary of the Interior on March 1, 2017, replacing Sally Jewell. Beluga Whales

A widely cited 2008 report on the oil and Beluga Whale stocks are found in Alaska’s gas potential north of the Arctic Circle by Beaufort Sea, Bristol Bay, eastern Bering the DOI’s U.S. Geological Survey (USGS) Sea, and eastern Chukchi Sea waters. In concluded that the area north of the Arctic 2016, the National Marine Fisheries Circle has an estimated 90 billion barrels Service (NMFS) designated the Sakhalin of undiscovered, technically recoverable Bay-Nikolaya Bay-Amur River stock of

oil, 1,670 trillion cubic feet of technically the combined Gulf of Mexico Program recoverable natural gas, and 44 billion Area, and one sale each in the Chukchi Sea, barrels of technically recoverable natural Beaufort Sea, and Cook Inlet Program gas liquids in 25 geologically defined areas. Areas offshore Alaska. No lease sales were That represents 13 percent of the proposed for the Pacific or Atlantic OCS. undiscovered oil, 30 percent of the The public comment period for the Draft undiscovered natural gas, and 20 percent Programmatic Environmental Impact of the undiscovered natural gas liquids in Statement (EIS) ran from March 18, 2016 to the world. About 84 percent of the May 2, 2016. estimated resources are expected to occur offshore.

In July 2015, USGS issued its Arctic Science Strategy 2015–2020. The Strategy supports five of the goals established by the President’s National Strategy for the Arctic Region.

2012-2017 OCS Lease Cancellations

In mid-October 2015, the Department of According to the Department, the Arctic Interior announced that the lease sales in sales were not scheduled until late in the the Beaufort and Chukchi Seas planned five-year program in order “to provide under the 2012-2017 leasing program additional opportunity to evaluate and were being cancelled, reportedly due to obtain information regarding lack of interest. environmental issues, subsistence use needs, infrastructure capabilities, and 2017-2022 OCS Lease Program results from any exploration activity Oil and Gas leasing under the Outer associated with existing leases.” However, Continental Shelf Lands Act begins with a President Obama later struck most of the five-year plan developed by the Beaufort and Chukchi Seas Planning Areas Department of Interior. On March 15, from the list of BOEM sites. 2016, Secretary Jewell announced the  On January 17, 2017—three days Proposed Program for 2017-2022. As before leaving office—Secretary of the planning got underway, there were 13 Interior Sally Jewell approved a 2017- potential lease sales in four program areas 2022 OCS Oil and Gas Leasing Program in all or parts of six outer continental shelf and issued a Record of Decision (ROD) planning areas. That includes 10 sales in 24

for the Programmatic EIS. Under the U.S. Fish and Wildlife Service officials said Obama Administration program, some they cannot determine with certainty that 94 percent of the OCS, including all of walruses are likely to become endangered the federal OCS lease areas in the "in the foreseeable future," which the Chukchi and Beaufort Seas, were to be agency defines as the year 2060. In 2011, off limits for oil and gas leasing. Upon agency officials indicated that the walruses taking office on January 20, 2017, the did deserve the additional protection of Trump Administration announced that being labeled as threatened, but then it would revisit the decision. On January delayed the listing because other species 4, 2018, Secretary of Interior Ryan were a higher priority at the time and later Zinke announced a draft National changed course as a result of new Outer Continental Shelf Oil and Gas information. Leasing Program (National OCS Public Comments on Eni Beaufort Sea Program) for 2019-2024, which Exploration Plan. In June 2017, BOEM proposes to make over 90 percent of announced that Eni US Operating Co., Inc. the total OCS acreage and more than had met the regulatory requirements for 98 percent of undiscovered, technically its Beaufort Sea exploration plan (EP) to be recoverable oil and gas resources in “deemed submitted,” and invited public federal offshore areas under comment on the plan. Eni US is a consideration for future exploration subsidiary of Italian multinational oil and and development. gas company Eni S.p.A. If approved, the No Threatened Species Status for company’s work program would take 18 Pacific Walrus months, according to the proposed work plan submitted to the agency. The work would start with the drilling of the first well in December 2017 and end when the flow test of the final well would be complete in May of 2019.

Draft Environmental Impact Statement on the Liberty Development and Production Plan in the Beaufort Sea Photo Credit: U.S. Fish and Wildlife Service Planning Area In October 2017, the Trump The Bureau of Ocean Energy Management administration announced it would not list (BOEM) announced the availability of a the Pacific walrus as a threatened species Draft Environmental Impact Statement despite diminished Arctic Ocean sea ice. (EIS) for the Liberty Development and 25

Production Plan (DPP) in the Beaufort Sea and private sector partners to improve Planning Area and accepted public domain awareness in the Arctic, (3) comments through November 17, 2017. preserve freedom of the seas in the Arctic, The Draft EIS analyzed the potential (4) evolve Arctic infrastructure and environmental impacts of the proposed capabilities consistent with changing action described in the Liberty DPP and conditions, (5) support existing reasonable alternatives to the proposed agreements with allies and partners while action. pursuing new ones to build confidence with key regional partners, (6) provide support to civil authorities, as directed, (7) James Mattis, retired Marine Corps general partner with other departments and and former commander of U.S. Central agencies and nations to support human Command, was sworn in as secretary of and environmental safety, and (8) support defense on January 20, 2017. the development of the Arctic Council and other international institutions that The Department of Defense’s Arctic promote regional cooperation and the Strategy sets out the Department’s desired rule of law. end-state for the Arctic: a secure and stable region where U.S. national interests The United States Navy, in its Arctic are safeguarded, the U.S. homeland is Roadmap, predicts that the region will protected, and nations work cooperatively remain a low threat security environment to address challenges. It articulates two characterized by peaceful resolution of main supporting objectives: (1) ensure differences. The Navy considers its security, support safety, and promote present Arctic posture sufficient for near- defense cooperation, and (2) prepare to term defense requirements, but respond to a wide range of challenges and recognizes that increased activity in contingencies—operating in conjunction shipping, oil and gas development, and with other nations when possible, and fishing will alter the strategic importance independently if necessary—in order to of the Arctic. With particular attention on maintain stability in the region. increasingly open Arctic Sea shipping routes, the Navy’s objectives seek to The strategy identifies the ways and ensure Arctic sovereignty and homeland means DoD intends to use to achieve defense, provide naval forces ready to these objectives as it implements the respond to crisis and contingencies, National Strategy for the Arctic Region. The preserve freedom of the seas, and ways include (1) exercise sovereignty and promote international partnerships. protect the homeland, (2) engage public

In a September 12, 2016 speech to the The estimated project cost, which includes Center for American Progress, U.S. Chief of lands, easements, facilities and Naval Operations (CNO) John Richardson construction of general navigation observed that melting polar caps would features, is $210.8 million, with an have a profound impact on how the Navy estimated additional $8.3 million for does business. He acknowledged that the deepening the navigation features, and U.S. Navy’s presence in the Arctic has been roughly $244,000 in annual operation and limited due to constrained budgets and maintenance costs. These costs would be urgent needs elsewhere in the world, but apportioned between Federal and non- stated that future ships should still be Federal sources in accordance with the designed with potential Arctic operations Water Resources Development Act of 1986 in mind. (see below).

Deep-Water Arctic Ports Feasibility Still Portion of Project Fed % Non % on Hold. General Navigation Features 65 35

The Army Corps of Engineers and the Dredging to minus 20 feet 80 20 Alaska Department of Transportation and Dredging from minus 20 to 45 feet 65 35

Public Facilities released a draft report on Local Service Facilities 0 100 the continuing Deep-Draft Arctic Port Aids to Navigation 100 0 System Study in February 2015. After spending several years considering In October 2015, the Corps of Engineers possible locations, the study suspended work on the Nome deep-water recommended expanding the capacity of feasibility study, following Shell’s Nome Harbor, and found no significant September 28 announcement that it was adverse impact on species or historic sites suspending its Arctic exploration activities protected under various federal laws. The for the “foreseeable future.” Although plan objectives included addressing the activity remained suspended throughout need for enhanced marine infrastructure 2016, Section 1202(b) of the Water to support multiple maritime missions, Infrastructure Improvements for the facilitating holistic economic growth, being Nation (WIIN Act), Pub. L. No. 114-322, compatible with cultural, subsistence and enacted in late December 2016, called for natural resources, taking into account further studies, to specifically include existing land uses, encouraging shared benefits to national security and support responsibility for development in the of Coast Guard missions. Arctic, and allowing for multi-purpose use of Arctic resources.

the District of Oregon in 2015. The plaintiffs’ argument is that the federal The National Aeronautics and Space government has violated the youngest Administration’s Cryospheric Science generation’s constitutional rights to life, Program is a major contributor to the liberty, and property, through affirmative nation’s Arctic science effort. Among other actions that cause climate change. The missions, NASA provides ice observations complaint also asserts that the by satellite and aircraft observations. government has failed to protect essential public trust resources. Representatives of the fossil fuel industry initially intervened in the case as defendants, joining the U.S. Former Oklahoma Attorney General Scott government in advocating for dismissal of Pruitt was sworn in as Administrator of the the case, but in June 2017 Judge Coffin EPA on February 17, 2017. Among other issued an order releasing the fossil fuel things, the new administration pledged to industry defendants from the case and revisit the EPA’s stance on the proposed setting a trial date for February 5, 2018 Pebble Creek Mine and rules expanding before Judge Aiken at the U.S. District the definition of “navigable waters of the Court of Oregon in Eugene. The case is United States.” currently under a stay pending a decision The EPA’s regulatory activity also came from the Ninth Circuit, which heard oral under scrutiny as a result of Executive arguments on Monday, December 11, Orders directing all federal agencies to 2017. The arguments may be viewed conduct regulatory reviews (E.O. 13771; online. E.O. 13777 and E.O. 13783). Alaska Oil and Gas Ass’n v. Jewell, No. 13- 35619 Upon President Trump’s nomination, Colorado appeals court judge Neil M. In 2016, the Ninth Circuit reversed a lower Gorsuch was sworn in as the Supreme court decision and reinstated the U.S. Fish Court’s 113th justice on April 10, 2017. The and Wildlife Service’s (FWS) designation of event marked the conclusion of a nearly a critical habitat for protection of the polar 14-month process to fill Scalia’s seat. bear. Previously, the lower court had agreed with Alaska state officials and Juliana v. U.S. Climate Lawsuit Updates energy industry groups that protections for the bears ordered by the FWS six years A number of youth plaintiffs filed a ago were too arbitrary be enforced. The constitutional climate lawsuit against the Ninth Circuit disagreed, stating that while U.S. government in the District Court for 28

use of land by polar bears is a sufficient basis to designate habitat, it is The U.S. Arctic Research Commission not a necessary basis. The decision will (USARC) was established by the Arctic affect all proposed greenfield and Research and Policy Act of 1984. Its expansion projects along the Beaufort and principal duties are to (1) establish the Chukchi seas north of Alaska and east of national policy, priorities, and goals Russia, although existing projects are likely necessary to construct a federal program to be grandfathered in. A petition for for basic and applied scientific research certiorari was filed with the U.S. Supreme with respect to the Arctic, including natural Court in November 2016 but the Court resources and materials, physical, denied the petition in May 2017. biological and health sciences, and social and behavioral sciences; (2) promote Alaska Oil & Gas Ass’n v. Pritzker, 840 F.3d Arctic research, to recommend Arctic 671 (9th Cir. Oct. 24, 2016) research policy, and to communicate our The Ninth Circuit reinstated a decision research and policy recommendations to protecting bearded seals in Alaska under the President and the Congress; (3) work the Endangered Species Act. The October with the National Science and Technology 2016 decision reversed a lower-court Council and the National Science ruling and accepted that projections of Foundation as the lead agency responsible climate change present a long-term threat for implementing the Arctic research to the ice-dependent species. The opinion policy and to support cooperation and was based on whether the National collaboration throughout the Federal Marine Fisheries Service can list an animal Government; (4) give guidance to the population as endangered that is not Interagency Arctic Research Policy currently endangered but is likely to suffer Committee to develop national Arctic a population decline in decades to come. research projects and a five-year plan to The decision is similar to an earlier legal implement those projects; and (5) interact battle over the polar bear, which is now with Arctic residents, international Arctic listed as threatened because of research programs and organizations and projections modeled out to 2050. The local institutions including regional Ninth Circuit denied rehearing on governments in order to obtain the February 22, 2017. A petition for certiorari broadest possible view of Arctic research (Alaska Oil and Gas Ass’n v. Ross, Dkt No. 17- needs. 118) was pending at the end of 2017 and The current USARC Research Plan spans the Court denied the petition on January the period 2017-2021. The Commission 22, 2018. recently released an updated Report on 29

the Goals and Objectives for Arctic In late 2016, two regional plans, the Research 2017-2018. The Report Northeast Ocean Plan and the Mid-Atlantic highlights USARC’s six priority research Ocean Action Plan, were approved. goals: No significant activity by the National Ocean Council was reported in 2017. 1. Observe, Understand, and Predict Arctic Indeed, the staff of the White House Office Environmental Change of Science and Technology (where the NOC 2. Improve Arctic Human Health is positioned) has reportedly shrunk from 3. Transform Arctic Energy 135 in the Obama administration under John Holdren to 35 under President 4. Advance the Arctic “Built Environment” Trump. 5. Explore Arctic Cultures and Community Resilience

6. Enhance International Scientific Cooperation in the Arctic

The Commission held its 107th Meeting on July 17, 2017 in Washington, DC and its 108th Meeting on October 10, 2017 in Anchorage, Alaska.

President Obama issued the National The nine marine spatial planning areas. Note that all of Alaska lies within one planning area. Ocean Policy in 2010 and the National

Ocean Policy Implementation Plan in

2011. Under the policy, the U.S. marine and Great Lakes waters were divided into nine planning regions. Federal, state and The Committee on the Marine tribal governments in those regions were Transportation System (CMTS), invited to submit regional Marine Spatial established by President George W. Bush Plans to the National Ocean Council for in 2004, is a federal cabinet-level, inter- approval. On February 12, 2016, the departmental committee chaired by the Council released its 2016 Annual Work secretary of transportation. Its purpose is Plan and Guidance on Marine Plans. to create a partnership of federal departments and agencies with responsibility for the Marine Transportation System (MTS). 30

The secretary of transportation directed the Committee on the Marine In 2015, Alaska’s legislature passed a Transportation System (CMTS) to resolution declaring 2015-2017 the “Years complete three items required by the of the Arctic.” president’s National Strategy for the Arctic Region (NSAR) Implementation Plan (2014) related to the U.S. Arctic maritime domain. At 586,400 square miles, Alaska is more The second task was completed on April than twice the size of Texas, the second 15, 2015, with the publication of the largest state, and is larger than all but 18 CMTS Ten-year Prioritization of of the nations in the world. The state has Infrastructure Needs in the U.S. Arctic. more shoreline (34,000 miles) than the The third and final action assigned to the rest of the nation combined. Alaska has CMTS by the NSAR Implementation Plan produced over 17 billion barrels of oil. was completed in 2017, with publication of From 1980 – 2000 Alaska accounted for 20 the, Recommendations and Criteria for percent of the U.S. domestic oil Using Federal Public-Private Partnerships to production. More than half of the fish Support Critical U.S. Arctic Maritime harvested in the U.S. are taken in the Infrastructure. The report puts forward 19 federal and state waters off Alaska. Cruise recommendations for the implementation ships carry some one million passengers of public-private partnerships (P3s) in to Alaska each year. developing, improving, and maintaining Alaska’s Coastal Zone Management infrastructure in support of Federal Program, in place since 1977, was allowed maritime activities, national security, to sunset on July 1, 2011. In 2012, Alaska navigation safety, and stewardship of voters overwhelmingly (62 percent to 38 natural resources in the U.S. Arctic. The percent) rejected an initiative (Ballot report was signed by the Secretary of Measure 2) that would have restored the Transportation and transmitted to the CZM Program. As a result, Alaska is the White House in January 2017. only coastal state in the U.S. that does not have a CZM plan developed and approved under the federal Coastal Zone Management Act of 1972. Reportedly, the No significant Arctic developments in state has also declined to participate in the 2017. voluntary regional marine spatial planning called for by the President’s National Ocean Policy. Whether Governor Walker will reverse that stand is unclear.

In 2017, Alaska’s economy continued to troubled economy. If oil is produced on struggle after Shell’s withdrawal. Alaska's these federal lands, then Alaska would gross state product, the total value of all receive half of the 16.67 percent of the the goods and services the state produces, federal share. has declined for five years and is down 22 Prudhoe Bay Oil Spill. A British percent due to the lower oil prices and Petroleum oil and gas well on Alaska’s production. In order to close Alaska’s Northern Slope blew out and spilled crude budget deficit, analysts suggest that oil oil and gas uncontrollably from April 14- must reach about $94 per barrel. 17, 2017. There were no reported injuries According to new estimates from the or damage to wildlife. Reports suggested Alaska Department of Labor and that the leak was the result of efforts to Workforce Development, Alaska’s boost output from aging wells and to population declined in 2017 for the first reach new supplies in the North Slope's oil time in 29 years. According to preliminary fields. In July 2017, BP shut down 14 wells figures from the Department of Labor, at the Prudhoe Bay field as a preventative Alaska lost 3,600 jobs between 2016 and measure and the company planned to 2017. Another 1,800 jobs are expected to permanently plug and abandon the well be lost between 2017 and 2018. that leaked by the end of the year. As noted in the Shipping Routes section Alaska oil-well regulators issued below, the Arctic cruise industry set new emergency orders to oil companies on records in 2017; however, the Crystal October 30, 2017 to prepare for a Serenity’s 2018 voyage through the widespread review of all North Slope wells. Northwest Passage was cancelled because The Alaska Oil and Gas Conservation it did not sell out in 2017. Interest in the Commission expressed concern that wells Arctic appears to be waning to some with similar construction to that of the extent, which limits opportunities for Prudhoe Bay well could be damaged as a Alaska to be in the spotlight when it comes result of thawing permafrost, causing the to politics and economic development. ground to subside and exerting dangerous Oil Discoveries. In January 2017, pressure on pipes carrying hot crude oil. ConocoPhillips announced a new oil Consequently, the agency asked all North discovery on its large acquisitions from Slope operators with comparable well state and federal lease sales in December designs to shut them down temporarily 2016. According to the oil company, this and provide a list of such wells by discovery in Alaska’s petroleum reserve December 1, 2017. could produce up to 100,000 barrels of oil Lawsuit over Governor’s Veto of Part of daily, which would be a boon for Alaska’s 2016 Permanent Fund. In June 2017, the 32

Alaska Supreme Court heard arguments Alaska Partly Ultimately Supports regarding whether or not Governor Bill ExxonMobil Plan to Expand Oil Walker had the authority to veto part of production in Arctic. On August 29, 2017, the 2016 Alaska Permanent Fund dividend the Walker administration denied (constituting $650 million) when faced with ExxonMobil’s proposal to expand oil a large budget deficit. Senator Bill production at the Point Thomson field, Wielechowski, argued that although the calling the plan “vague” and claiming that Permanent Fund dividend payouts have the company has not met the terms of a been treated as an appropriation in the 2012 settlement that allowed it to keep legislative process for decades, they are operating there. The company’s actually "dedicated funds" that are meant application had two parts, however, and to be spent for the same purpose each while the administration rejected the year. Under this classification, they would expansion plan it approved the company’s be exempt from the governor's veto. On proposal for continued operations August 25, 2017, the Alaska Supreme through 2019. After receiving more Court unanimously upheld the veto. information from the company in light of the initial rejection, the state reversed its Alaska Native Corporation Seeking decision at the end of 2017 and supported Permit for Oil Exploration in Beaufort the plan. Sea. Hoping to succeed where Shell felled in 2016, a subsidiary of Alaska's wealthiest New Efforts to Combat Climate Change. regional Native corporation is moving In September 2017, Governor Walker ahead with plans to explore for oil in the appointed Nikoosh Carlo of Fairbanks and U.S. Arctic Ocean. In 2017, ASRC Tanana to the newly created position of Exploration asked federal regulators not senior climate adviser. Carlo most recently to cancel a block of leases once held by worked with the U.S. delegation to the Shell in federal waters at Camden Bay Arctic Council and led the commission that about 15 miles off the North Slope coast wrote Alaska’s official Arctic Policy. Carlo northwest of the Arctic National Wildlife said her first action in the new position Refuge. In 2016, officials did not approve would be conducting outreach that would Shell's request to extend those Beaufort bring together local and tribal leaders, Sea leases, most of which are set to expire industry representatives, and citizen this year. ASRC Exploration acquired the groups. leases from Shell in 2016 and hopes for a In October 2017, Governor Walker different result given President Trump’s announced the creation of a state climate pro-development administration. change committee that he would task with recommending responses to problems

like thawing permafrost and rising sea levels. The 15-member Leadership Team Canada is a party to UNCLOS and a was appointed on December 12, 2017 and member, and past Chair, of the Arctic was asked to deliver a “preliminary action Council. Canada’s extended continental plan” by September 1, 2018. The team met shelf submission to the Commission on for the first time on December 18, 2017 in Limits of the Continental Shelf is detailed Anchorage. The Institute of the North in Section IV.G. serves as secretariat. More details on the Alaska Climate Change Strategy can be Oceans Protection Plan. Partly in found in the Administrative Order that response to the October 13, 2016 formalized the announcement of the foundering of the U.S. flag tugboat Nathan committee on October 31, 2017. E. Stewart near Bella Bella, British Record-Breaking Season for Alaska Columbia, which resulted in a 25,000 Cruise Industry. According to Cruise gallon oil spill, Canadian Prime Minister Lines International Association of Alaska, Trudeau announced his Oceans Protection the state saw a projected 1,067,432 Plan (OPP) on November 7, 2016. The OPP passengers on 33 ships during the season commits $1.5 billion to improve marine running from May 1-September 30, 2017. safety and responsible shipping, protect That number surpasses the previous high Canada’s marine environment, and offer of about 1,032,000 passengers in 2008. new possibilities for Indigenous and coastal communities. Disaster Declaration for Utqiagvik (Formerly Barrow). Governor Walker In October 2015, Prime Minister Trudeau signed a declaration of disaster issued a directive to the Minister of emergency on November 14, 2017 that Transport to impose a moratorium on recognized the significant damage crude oil tanker traffic in northern British suffered in the North Slope Borough after Columbian waters, and in May 2017 the a strong Arctic sea storm tore through the Trudeau administration introduced a bill in region at the end of September. The storm Parliament that will prohibit oil tankers destroyed at least one of Utqiagvik’s roads from carrying crude and persistent oils as and damaged many others, as well as cargo from stopping, loading or unloading damaging seven historic and cultural sites. at ports or marine installations in northern The declaration allowed the town to access British Columbia. The bill remained in state funds, with repairs expected to cost committee at the end of the year. more than $1 million. Defense Policy. The Canadian government issued a new defense policy, “Strong Secure and Engaged,” in June 2017. 34

The document references the Arctic more environment as it pertains to the than 70 times, with an increased emphasis Arctic…the terminology is no longer cast in on Arctic surveillance and data collection. terms of defending Canadian Arctic The policy reflects the government’s sovereignty, but is now clearly about intention to monitor air traffic over all defending Canadian Arctic security.” 36,000 islands in Canada’s archipelago, New Arctic Shipping Safety and invest $8.8 billion over 20 years for Pollution Prevention Regulations. New vehicles suitable for army use in the Arctic Canadian Arctic Shipping Safety and environment, and coordinate information Pollution Prevention regulations were collection from drones, submarines, and proposed on July 1, 2017 and entered into satellites to get a more complete picture of force on December 16, 2017. The the area, among other steps to increase Department of Transport issued the Arctic security. Defense Minister Harjit regulations under authority of the Canada Sajjan said military spending will grow by Shipping act of 2001. They are published 70 percent to reach approximately $24.3 as an annex to the Arctic Waters Pollution billion over the next decade. Prevention Act (C.R.C., c. 353). Among other things, the new regulations require The policy document specifically covered vessels to hold an Arctic Pollution references Russia as a security threat in Prevention Certificate. Tankers and other the Arctic, noting that “NATO has also covered vessels while operating in increased its attention to Russia’s ability to designated zones must have a qualified project force from its Arctic territory into “ice navigator” aboard. the North Atlantic, and its potential to challenge NATO’s collective defence Financial Support to Preserve posture.” In Foreign Minister Chrystia Indigenous Languages. Ottawa allocated Freeland’s speech to the House of $19.6 million for the Northwest Territories Commons the day before the release of and $15.8 million for Nunavut in 2017 in the defense review, the Foreign Minister order to support and preserve Indigenous specifically focused on the language services in the Canadian north. assertive/aggressive actions of the Russian The money will fund community radio government as evidence that Canada is stations and education programs geared facing an increasingly dangerous and training within Indigenous governments as uncertain international system. According well as a portion to be used according to to Rob Huebert of Arctic Deeply, “the 2017 local needs. Nunavut’s Minister of Liberal defense review provides a clear Languages said the funding expression of the government’s announcement was “an initial positive step understanding of the changing security toward the establishment of a new

partnership with the federal government projects affecting their traditional with regard to the protection and territory. promotion of Nunavut’s official Nunavut Approves Central Arctic Port languages.” Proposal. The Nunavut Impact Review Iqaluit Running Out of Fresh Water. Board formally accepted the Grays Bay According to an article published by York Road and Port project proposal in University in Environmental Science and September 2017, a decision that will allow Pollution Research, the capital of Nunavut for screening of the project that would could start running out of fresh water by establish the first deep-water port at the 2024 due to climate change and increased mid-point of the Northwest Passage at demand. Andrew Medeiros, who led the Grays Bay. The proposal also laid out a research, explained that the availability, plan for building of a 145-mile road from quality, and security of freshwater in the the port to Jericho Station. Canadian Arctic has become an New Premier of Nunavut. The Nunavut increasingly pressing issue, particularly Legislative Assembly chose Paul Quassa to given that Arctic lakes are especially lead the territorial government in 2017. vulnerable to climate change. Prime Minister Trudeau issued a Supreme Court Quashes National statement offering his congratulations to Energy Board Authorization for Premier Quassa and promoting the Offshore Seismic Testing. In July 2017, reconciliation process between Canada the Supreme Court of Canada nullified a and Indigenous peoples across the regulatory permit for an oil-exploration country. program in Nunavut that Inuit feared would damage their hunting rights. See Clyde River (Hamlet) v. Petroleum Geo- China became a permanent observer at Services Inc. 2017 SCC 40. The unanimous the Arctic Council in 2013. A May 20, 2013 decision pointed out that the National article in the government-controlled Energy Board’s process in Clyde River was Beijing Review titled “How China became "significantly flawed" and did not an Arctic State” asserted that “China has adequately consider the treaty rights of ultimately managed to re-shuffle the Arctic Inuit and their reliance on marine balance of power in record time.” China mammals for subsistence. At the same now refers to itself as a “near Arctic state” time, the court affirmed previous (jin beiji guojia) and an “Arctic stakeholder” decisions stating that Indigenous people (beiji lihaiguanxguo). President Xi Jinping do not have veto power over resource has referred to China as a “polar great power” (jidi daguo).

Several future scenarios have highlighted The plan also encourages Chinese China’s increasing overtures to companies to take part in the commercial Greenland’s inhabitants and the possibility use of the Arctic route and states that that the economic opportunities provided China will actively participate in the events by China — particularly, Chinese mining organized by Arctic-related international entities — may encourage Greenlanders organizations. to declare their full independence from This particular “blue economic passage” Denmark. would be along Russia’s Northern Sea Route, the Arctic shipping lane along the MOUs on Arctic and Antarctic country’s north coast. While China has Cooperation. In 2017, China signed been considering the development of this bilateral MOUs on Arctic and Antarctic route for years, the country has been cooperation with Argentina, Chile, reluctant to do so officially because it has Germany, Norway, Russia, and the U.S. in not yet released an official Arctic policy, order to further its role in polar research. unlike countries like Japan and South The MOUs cover a wide range of Korea, and remains in the data collection cooperation, including site investigation, phase. The decision could also cause scientific research, logistical support, some political uneasiness among Arctic environmental protection and states as increased Chinese involvement in management, staff exchanges, and policy the region could upend the status quo. planning. Arctic Northeast Passage Arctic Sea Route Added to Silk Road Communication Guide Plan. An Arctic sea route was included for the first time in China’s Belt and Road In 2017, China finished compiling a initiative in a document published in June communication guide for the Arctic 2017. Hailed by Chinese President Xi Northeast Passage. The guide will help Jinping as a “project of the century,” the transportation and logistics businesses Belt and Road initiative seeks to boost better understand the Northeast trade through at least $900 million worth Passage’s ability to guarantee navigation of investments into ports, railroads, and and provides references for ships and other infrastructure linking Asia with cargoes traveling through the area. Europe and Africa via both land and sea Icebreaker Completes First Trip routes. In the Arctic region, China plans to Through Northwest Passage cooperate with other stakeholders to conduct research of navigational routes as well as environmental changes and to explore the region's potential resources. 37

The Kingdom of Denmark extends to Greenland and the Faroe Islands (at least for now), making Denmark an Arctic State. Denmark’s extended continental shelf The icebreaker Xuelong (also known as claim is covered below in Section IV.G. Snow Dragon) became the first Chinese vessel to complete a voyage through the Greenland Names Members of Northwest Passage on September 6, 2017. Constitutional Commission. Xuelong entered the Davis Strait on August Greenland’s Constitutional Commission, 30th and arrived in the Beaufort Sea 2293 which has seats for representatives from nautical miles later. Chinese scientists on each of the national assembly's parties, board completed topographical seabed was named in April 2017. The commission surveys, recorded meteorological and sea will be responsible for coming up with two ice data, and collected biodiversity constitutions over the next three years: samples. one that will be valid before Greenland pulls out of the Kingdom of

Denmark, and one that will apply independence.

Denmark’s Foreign and Security Policy 2017-2018. In June 2017, the Danish government released its foreign and security policy strategy for the next two years. The strategy identifies five main areas of priority in the coming years: migration, instability and terrorism; With 96 members on board, the ice security in Denmark and the surrounding breaker traveled over 20,000 nautical region; Brexit and the future of the EU; miles, including 1,995 nautical miles in the seizing opportunities related to ice zone and traveled the northwest globalization; and the Arctic. The shipping lane for the first time. government will strengthen the embassy in Moscow to ensure stronger representation of Danish interests in dealings with Russia, particularly in

relation to the security of the Arctic region ships. The main sources of black carbon and keeping it a conflict-free zone. emissions, which are accelerating warming in the Arctic region, are vehicles and companies that use wood and coal, as well Finland assumed the chairmanship of the as forest fires, power stations and gas Arctic Council in 2017. During its two year flares at oil fields. chairmanship Finland intends to Satellite-based Positioning and emphasize the implementation of the Navigation in the Arctic. The Finnish Paris Agreement on climate change and Ministry of Transport and the UN sustainable development goals Communications and the Finnish (SDGs) in Arctic cooperation. Finland will Geospatial Research Institute launched also work to strengthen the Arctic the ARKKI project in October 2017. cooperation and its continuity also at the According to the project’s website, the highest political level. goals are to “identify the most significant Finland’s Strategy for the Arctic Region was challenges that are faced in navigation and issued in 2013. The objectives of the policy geospatial information based applications are to strengthen multilateral Arctic in Arctic areas” and then develop an action cooperation, take part in the shaping of plan that will recommend “pan-Arctic the EU's Arctic policy, and raise Finland's solutions” to the identified challenges. profile as an expert in Arctic issues.

Truth and Reconciliation. On May 5, Iceland Acceded to MARPOL Annex VI 2017, the State of Finland and the Sami Parliament officially agreed to launch a truth and reconciliation process, which means they will begin to negotiate how to start the process and what the content and mandate of the commission will be, as well as how it will be funded. Photo: International Maritime Organization Database of Arctic Emissions. Finland On November 22, 2017, the Ambassador chairs the Arctic Council’s Expert Group on of Iceland to the UK met IMO Secretary- Black Carbon and Methane whose main General Kitack Lim at IMO headquarters to goal is to create a database on the impact deposit the instruments of accession. of black carbon emissions. Member and observer states will provide information Iceland also hosted the fifth annual Arctic for the database, which will include data Circle conference October 13-15, 2017. regarding black carbon emissions from 39

need to address seven Arctic issues: global environment, Indigenous peoples, science The Arctic Council approved Japan’s and technology, ensuring the rule of law application for Permanent Observer status and promoting international cooperation, in May 2013. Arctic Sea route, natural resources In 2014, Japanese shipping company development, and national security. Mitsui OSK Lines Ltd. announced plans to The white paper goes on to explain Japan’s begin regular transport of liquefied history in the Arctic. Beginning in the natural gas through the Arctic Ocean in 1950s, Japan carried out research in the 2018. The plan envisions construction of Arctic, maintaining a high level of scientific three ice-breaking tankers for year-round interest in the changing environment. In operations between the Yamal Peninsula 1991, Japan was the first non-Arctic state and Europe, and summer operations to to station an observation base in the Northeast Asia. Once operational, Mitsui Arctic, as well as join the International expects to transport roughly 3 million tons Arctic Science Committee. of LNG along the route annually. Japan further discussed the importance of Led by Prime Minister Shinzo Abe, Japan cooperating with Arctic Ocean coastal formally announced the release of its first states to ensure the balance between the white paper for Arctic development in freedom and safety of navigation, while October 2015 at the Japanese protecting and preserving the marine Headquarters for Ocean Policy (unofficial environment under the rule of translation available here). The policy international law in the Arctic. Japan plans seeks the country’s active participation in to contribute its scientific and the process of creating international rules technological knowledge to further in the Arctic region, as well as for increase the activities of the Arctic Council, investment in projects to develop oil, gas and actively engage in other international and other natural resources, forums. consideration of an international resources management framework, and Additionally, the white paper discusses the establishment of a sea route connecting importance of national security and the Asia and Europe. risk of opening new shipping routes that may cause “friction among states.” Japan The provisional English translation of the asserted that importance of preventing white paper discusses the rapidly “moves to strengthen military presence in changing environment and increasing the [Arctic] region from leading to tension interest in the Arctic, as well as Japan’s and confrontations.” Despite this possible 40

friction, Japan emphasizes the importance two companies first partnered together on of promoting cooperation with the Arctic a project. and other states. Oil Exploration. Norway’s Minister of Petroleum and Energy confirmed that the 24th License Round will include 102 new Oslo District Court dismisses Challenge blocks, of which 93 will be in the Barents to Norway’s Arctic Oil Program. On Sea. Ten of the new blocks are located January 4, 2018, the Oslo District Court north of the 74th parallel, while another 12 approved Norway’s plans for oil blocks are located off the coast of East exploration in the Arctic, dismissing a Finnmark, the Norwegian Arctic mainland. lawsuit that claimed it violated the Oil companies will have to submit their people’s constitutional right to a healthy bids for the blocks by late November 2017. environment. The government acted in Funding to Research Arctic Rescue accordance with the law when awarding Operations. In 2017, Norway pledged new petroleum exploration licenses for $962,000 to research how to conduct the Barents Sea, the court ruling stated. collaborative mass rescue operations in The case, brought by Greenpeace and the North Atlantic as shipping continues to Nature and Youth, argued that a 2015 oil increase across the Arctic. The three-year licensing round in the Arctic violated project (2018-2021) will employ fourteen Norway’s constitution. The government’s researchers from six different countries, lawyers argued that the case was a focusing on three main areas: 1) the publicity stunt that would cost jobs if it was capabilities of the ship-owners’ successful. The court ordered the organization, the vessel crew, and the environmental groups to pay the state’s vessel officer’s competence; 2) the legal costs of around $71,000. management capabilities of officers on Court Injunction on Arctic Drilling. In Samaritan vessels and their potential role May 2017, the Stavanger court issued a as co-coordinators; and 3) improvement temporary injunction prohibiting Statoil of current government and industry from using its Cap-X drilling technology preparedness through education, training, after NeoDrill, a small Norwegian firm, said and exercises. the technology was based on its patented Statoil Developments. In the summer of Conductor Anchor Node (CAN) technology, 2017 the Norwegian oil company Statoil which the firm has been developing since discovered that the Kayak well in the 2000. Statoil has been a 30 percent Barents Sea holds between 25 million and stakeholder in NeoDrill since 2010, but 50 million barrels of oil, possibly had access to CAN since 2001, when the connected to the development of the 41

nearby Johan Castberg field. Norwegian Barents Sea. The protestors had entered state-owned carbon capture technology the 500-meter exclusion zone around the firm Gassnova also assigned Statoil the Songa Enabler in kayaks and called on the task of developing an offshore carbon Norwegian government to stop the drilling storage facility, which could be the world’s operation. They also brought a giant globe first storage site to receive carbon dioxide containing written statements from from several industrial sources. people all over the world supporting their position. Tax Breaks for Arctic Oilfield Development. In September 2017, Norwegian Parliamentary Elections. Norway’s government announced its plan The Conservatives, along with their to have taxpayers rather than oil coalition partner the Progress Party (FRP) companies pay special U.N. fees for any and two other center-right allies, won 89 offshore production from remote Arctic seats in the 169-seat Norwegian regions. Article 82 of UNCLOS directs parliament in September 2017, re-electing developed nations to pay up to seven Prime Minister Erna Solberg. Despite the percent each year of the value of any election results, Arctic oil drilling remains a production from their continental shelves contentious issue in the Parliament as the more than 200 nautical miles offshore to a Liberals continue to oppose the fund to help developing nations. The government’s support of drilling in the treaty leaves it up to governments to Barents Sea. Borge Brende, resigned from decide how to raise these special fees, with his position as Norway’s Foreign Minister the option of passing on the costs to after the election and moved to Geneva to companies. The Oil and Energy Ministry serve as President of the World Economic flagged the Article 82 issue in the 2016 Forum. Meanwhile, Aili Keskitalo was re- licensing round for parts of the Barents elected as President of the Sami Sea, stating that the licensees could be Parliament. required to cover the fees but that any Norway's Oil Fund Reaches $1 Trillion. such cost would be deductible in the In September 2017, the value of Norway's calculation of the petroleum tax. Government Pension Fund hit $1 trillion Norwegian Coast Guard Arrests for the first time. The Fund is based on Greenpeace Ship. On August 17, 2017, revenue raised from the nation's oil the Norwegian Coast Guard removed industry and the government intends that Greenpeace protesters from the safety the savings will provide support to zone around Statoil's drilling operations in Norwegian citizens when the oil eventually the Korpfjell field, the country's runs out. Later in the year, Norges Bank northernmost exploration well in the recommended the removal of oil stocks

from the fund’s benchmark index to make was proven correct in August 2015, when the fund less vulnerable. Oil and gas Russia submitted its claims for additional equities currently account for around six territories in the Arctic including the percent of the Norwegian Government Mendeleev and Lomonosov Ridges. The Pension Fund Global (often named the oil CLCS will eventually determine if Russia’s fund) benchmark index, including an submission is consistent with the LOS investment in the Russian company Convention. This submission, if approved, Gazprom Neft, which operates the would expand Russia’s Arctic territory by Prirazlomnoye field in the eastern Barents 1.2 million square kilometers. Sea. The Prirazlomnoye field is Russia’s only offshore oil-field in the European part New Pipeline Connects Bovanenkovo of the Arctic. Fields. In January 2017, Russia officially opened the Bovanenkovo-Ukhta 2 pipeline

connecting the Bovanenkovo fields with the federal gas grid. According to the head of Gazprom, this new pipeline will increase Sixty percent of the Arctic falls within the flow of gas from the Arctic peninsula Russia’s land and maritime borders. Russia up to 264 million cubic meters per day and continues its efforts to push out those the oil company plans to operate the limits. In April 2014 Russia filed an pipeline through 2087. application with the Commission on the Limits of the Continental Shelf (CLCS) to New Icebreaking Standby Vessel establish its rights to an area in the Sea of Named After Russian Polar Explorer. Okhotsk, which was unanimously The naming ceremony for a new approved. In October 2014, the Russian multifunctional icebreaking standby vessel navy completed a cartographic survey of a (ISBV) took place on June 15, 2017. Stepan newly discovered island that could add Makarov, named after a Russian admiral 1,165 square kilometers of territorial and polar explorer who played a waters to Russian territory. prominent role in establishing the Russian icebreaker fleet, is registered under the Russia also continues its efforts to extend Russian flag and will have St. Petersburg as its continental shelf boundary to the North her home port. The vessel is the first of Pole. Noted Canadian Arctic scholar three ISBVs commissioned for operations Michael Byer’s assessment that at the Sakhalin-2 project and her main “[e]ssentially, Russia’s claim will stop at the tasks will be to ensure the safety of the North Pole, despite the fact that it might personnel on the offshore oil and gas have been able to make a scientific case to production platforms of Sakhalin Energy in seabed closer to Canada or to Greenland,” the Sea of Okhotsk, to respond to 43

emergency spills at sea, and to support the Creation of Northern Sea Route Agency. company's operations within its technical On June 30, 2017 the Minister for the capabilities. Development of the Russian Far East announced that Russia will be establishing Rosneft Finds First Oilfield Offshore in a specialized organization for the the Eastern Arctic. Rosneft, Russia’s development of the Northern Sea Route, largest oil producer, has been working in but the Minister did not provide a timeline the Laptev Sea since 2014 and made its for when the agency would be created or first oilfield discovery in the area in 2017. where it would be located. The Minister Currently, there is only one offshore indicated that one of the main goals will be platform in the Russian Arctic, to increase the number of vessels utilizing Prirazlomnoye, operated by Gazprom the Northern Sea Route, allowing ship Neft, which expected to produce 2.6 owners from China to contribute million tons (52,000 barrels per day) in proposals regarding services and 2017. Rosneft and its partners plan to infrastructure along the route. invest 480 billion rubles ($8.4 billion) to develop Russia’s offshore energy industry Cuts in Arctic Spending. The revised in the next five years and is seeking funding scheme for Russia’s new Arctic collaboration with several global oil program, which will cover the period up to producers. The Arctic offshore area is year 2020, is seventeen times lower than expected to account for between 20 and the original sum of 209 billion rubles 30 percent of Russian production, one of ($3.66 billion). One major investment in the world’s largest, by 2050. the scaled-back program will be funding to build an ice-class drifting platform for Plans to Build Islands for Natural Gas Arctic research. The Russian government Industry. Prime Minister Dmitry intends that the platform will be used by Medvedev signed an agreement on June the State Hydrometeorology Service for 17, 2017 to build artificial islands in Kola Arctic studies and ice measurements. The Bay of the Barents Sea at an estimated platform itself will cost about seven billion cost of $420 million by 2020. Although rubles, which will consume more than half meant to serve the natural gas industry, of the budget for that program. Another authorities did not explain why the billion rubles will reportedly be spent on selected site for the islands and LNG regional anti-terrorist measures managed facilities is so far away from the feedstock by the Russian National Guard. gas deposit. The announcement drew concern from environmental groups Dismissal Hague Ruling on Arctic worried about how this construction will Sunrise Dispute. In July 2017, Russia impact the surrounding ecosystem. formally dismissed a ruling from the

Permanent Court of Arbitration in The powered icebreaker known as 50 Years of Hague that the country must pay the Victory set a speed record along the Netherlands 5.4 million euros ($6.25 northern sea route, covering the distance million) for the 2013 seizure of from Murmansk to the North Pole in 79 Greenpeace's Arctic Sunrise ship. Russian hours, which was twice as fast as the first security forces seized the ship in surface vessel (Arktika) to reach the North September 2013 and detained those on Pole in 1977. board after a protest at an offshore oil rig Transitioning Arctic Ships from Diesel owned by Gazprom in the Pechora Sea. to Gas Fuel. In an effort to reduce Artyom Kozhin, Deputy Director of the pollution of the northern seas, Russia’s Information and Press Department in Natural Resources Ministry made plans to Russia’s Ministry of Foreign Affairs, start transitioning ships used in the Arctic explained that "Russia did not take part in region from diesel fuel to gas fuel in 2017. the proceedings because it took the view Natural Resources Minister Sergey and still does that the Arbitration Court Donskoy emphasized the importance of does not have jurisdiction in this case.” building a “so-called green fleet” and Russia also disagreed with the court’s collaborating on such a project with the approach and findings, with Kozhin stating Arctic Council. that the verdict "encourages unlawful actions" in the waters of other countries Launching of 22220-Series Nuclear that are "justified as so-called 'peaceful' Icebreaker “Sibir”. On September 22, protest.” 2017, a Baltic shipyard in St. Petersburg ceremoniously floated out Sibir, the Northern Fleet Practices Maneuvers in second of Russia’s new Project 22220 Kara Sea. For the sixth year in a row, the nuclear powered icebreakers for year- Russian Navy flexed its muscles along the around navigation in Arctic waters. The Northern Sea Route. A convoy with four first of the class, Arktika, was put on the warships and three support vessels water in 2016 and will be commissioned in anchored outside Russia’s Arctic outpost mid-2019. Sibir will follow a year later and Dikson on August 15, 2017. Navy is expected to make her first port-call to spokesperson, Captain Vadim Serga, Murmansk in November 2020. explained that the vessels were practicing joint maneuvers in the Kara Sea and would Building LNG Transshipment Terminal then head up the Yenisey River to the port for Arctic Traffic. Russia's Novatek of Dudinka. signed an agreement with the Kamchatka Territorial Government to build an LNG Russian Nuclear-Powered Icebreaker sea terminal facility for reloading LNG Sets Arctic Speed Record. The nuclear- from Arctic ice-class tankers to 45

conventional LNG tankers. The terminal is investors must invest in state-sponsored anticipated to have a capacity of 20 million projects and implement them. The draft tons per annum (MTPA) and will be law also establishes a support fund in the completed by 2023. The company said it Arctic to finance the investment projects in would optimize the logistics of LNG core development zones specified under supplies from the Arctic region, stimulate the law. use of the Northern Sea Route, and create Legislation Nationalizes Arctic a new LNG supply hub for Asian-Pacific Petroleum Shipments. At a meeting on regional consumers. November 16, 2017, President Putin told Russian War Games Across the Arctic. key ministers and business leaders that he On October 26, 2017, Russia shot four wanted Russian-flagged ships to have the ballistic missiles across the Arctic exclusive right to move oil and gas across hemisphere in one of the largest nuclear the Northern Sea Route. Putin reportedly missile drills in post-Soviet history. The stated, “this step will allow us to boost the Defense Ministry released a video of the volumes of marine shipments, it will exercise, showing the launch from strengthen the position of national Plesetsk, strategic bombers taking off from shipping companies and create additional airfields, and the submarine launched opportunities for renewal of the fleet.” ballistic missiles. On December 20, 2017, Russian legislators Draft Law for Development of Russian adopted amendments to the federal Arctic Zone. In 2017, the Russian Ministry shipping code implementing these of Economic Development published a changes, which would go into force on draft law with the purpose "to create February 1, 2018. In addition to oil conditions for complex socio-economic products and liquefied natural gas, the development of the Russian Arctic zone legislation also includes coal. The key through establishing core development Arctic ports of Murmansk and Arkhangelsk zones for exploring mineral and raw are outside the geographic scope of the material resource centers in the Arctic, new rules. The law also provides an attracting investments plus developing the important loophole, stating that Northern Sea Route and making them companies that entered into contract functional." One of the key provisions agreements for use of foreign-flag vessels reflects the mutual responsibilities of the before February 1, 2018 may continue state and investors. The state must create operations. This exception is of critical the infrastructure, provide all the importance to Novatek, one of the largest necessary benefits and preferences plus stakeholders in the Russian Arctic. In special modes of business activities, while 2017, a fleet of fifteen new ice-class LNG

carriers were being built for the company’s development in the Arctic. Korea hopes to Yamal LNG project, all carrying foreign become Northeast Asia’s oil hub as Arctic flags. shipping increases.

For a report on the Northern Sea Route South Korea has a long record of scientific see Section V.A. undertakings in the Arctic. The Korean icebreaker Araon generally conducts Arctic The Russian military posture is examined scientific research missions each year in Section V.H. from July to October.

South Korea has proposed utilizing the Scotland will be developing a new strategy Arctic’s Northern Sea Route to strengthen to highlight the country’s role in its connections in the Polar region, and the addressing issues that affect the Arctic country’s Minister of Foreign Affairs, Yun Circle. At the Arctic Circle Forum, External Byung-se, stated in July of 2015 that South Affairs Secretary Fiona Hyslop stated, Korea is committed “to contributing to the “Scotland is the closest neighbour to the science of climate change, as well as to Arctic States and we have many shared broader research on the polar regions.” interests and challenges, from renewable energy and climate change targets to South Korea’s Daewoo Shipbuilding and social policies and improving connectivity.” Marine Engineering is at work building a She went on to say that there is “growing planned fleet of 15 Arctic-capable LNG global interest in Arctic issues and our new carriers to service the Yamal LNG project strategy will highlight Scotland’s role in in the Russian Arctic. The 300 meter both contributing to the flourishing of vessels will reportedly be capable of Arctic regions and benefiting from the operating in second year ice up to 2.5 exciting opportunities which are opening meters thick. up now and in the future.” In an early November 2015 summit in Seoul, South Korea and Iceland agreed to cooperate on developing the Northern Sea The Arctic Council admitted The Republic Route to connect Asia and Europe. The of Korea, along with Japan and Singapore, NSR would allow ships to reach Rotterdam as a Permanent Observer in May 2013. in the Netherlands from South Korean in Two months later, Korea announced the thirty days, cutting travel time by ten days Pan Government Arctic Development Plan, and travel distance by close to ten setting up comprehensive plans regarding thousand miles. sea routes, energy, and resource

In 2016, a South Korean icebreaker found arrived at Sapo Quay of Gwangyang Port in new gas hydrate reserves in the East the South Jeolla Province of South Korea Siberian Sea, which could improve the on October 21, 2017 after a 35-day journey country’s self-sufficiency in natural gas. along the Northern Sea Route. The vessel transported 44,000 tons of naphtha (a Expansion of Economic Cooperation flammable oil) from Port Ust Luga in Between South Korea and Russia. In his Russia. South Korea's Ministry of Oceans address to the third Eastern Economic and Fisheries held a ceremony at Forum (EEF) in Vladivostok, Russia in Gwangyang Port on October 22nd. September 2017, Korean President Moon

Jae-in proposed expanding economic cooperation between South Korea and Sweden, a full member of the Arctic Russia in a wide range of areas including Council, was chair of the Council from energy, infrastructure, and agriculture. 2011 to 2013. The nation is home to The President also proposed building a 20,000 of the 70,000 Sami peoples. Northeast Asia super grid to enhance Sweden issued its Strategy for the Arctic region-wide energy cooperation, which Region in 2011. The strategy is based on would help meet growing power demands the process of far-reaching change in the and lay the foundation for an envisioned Arctic region. Climate change is creating economic community and multilateral new challenges, but also new security system. opportunities. Sweden promotes South Korea and Russia held their first economically, socially and Arctic Consultation in Seoul on November environmentally sustainable development 29, 2017. The meeting was headed by throughout the Arctic region. Sweden also South Korean Ambassador for Arctic works to ensure that the Arctic remains a Affairs Kim Young-jun and his Russian region where security policy tensions are counterpart Ambassador Vladimir Barbin. low, and for these objectives sees a need The representatives discussed joint efforts of a strengthened Arctic Council. in exploring shipping routes across the NATO Cooperation Arctic and shipbuilding. The next meeting will be held in Russia in 2018. In May 2016, Sweden ratified an agreement that will allow NATO to operate South Korea Completes First Northern more easily on Swedish territory during Sea Route Voyage. Hyundai Glovis, a training activities and in the event of a South Korean shipping liner, completed possible conflict. Polls indicate that more the country's first voyage between Asia Swedes are now in favor of joining NATO and Europe by the Arctic Sea when it

than against it, but Russia has strongly member-states to discourage exploitation warned Sweden not to do so. and use of fossil fuels (¶ 13), but, to the disappointment of some, it stopped short of calling for a ban on offshore oil and gas The European Union’s application for activities in the region, a measure strongly Arctic Council permanent observer status opposed by the government of Norway. remains under consideration. 2014 The non-binding motion calling for the reports suggested that the Council European Commission and member- withheld approval pending resolution of a states to work with international forums dispute with Canada over an EU seal towards "a future total ban on the products ban (see the section on the World extraction of Arctic oil and gas" was Trade Organization below). The EU and rejected by a vote of 414-180. Canada reached a seal agreement in EU Arctic Policy. In April 2016, the October 2014, but Leona Aglukkaq (the European Commission presented its new, former Canadian Arctic Council Chair) integrated policy on the Arctic that maintained that the two issues are not promotes sustainable use of resources in related. In May 2015, the Arctic Council the Arctic and encourages international postponed the EU’s application for cooperation and engagement with observer status for another two years. The Indigenous peoples. The policy outlines Council explained that it needed to review three priority areas: 1) Climate Change and observer issues before issuing its decision. Safeguarding the Arctic Environment; 2) On March 16, 2017, the European Sustainable Development in and Around Parliament issued a resolution on an the Arctic; and 3) International integrated EU policy for the Arctic. The Cooperation on Arctic Issues. Federica resolution reiterated the call on the EU and Mogherini, High Representative of the its member-states to actively uphold the Union for Foreign Affairs and Security principles of freedom of navigation and Policy/Vice-President of the European innocent passage (¶ 33). It calls for the Commission, said: “A safe, sustainable and European Commission to support prosperous Arctic not only serves the four initiatives to ban the use of bottom million people living there, our European trawling in Ecologically or Biologically Union and the rest of the world. It is a Significant Marine Areas (EBSAs) and on region of immense environmental, social, the Arctic high seas (¶ 53). It reiterates its and economic importance to us all. The 2014 call for a ban on the carriage or use steps taken today underline our of heavy fuel oil on vessels in the Arctic commitment to the region, its States and region (¶ 58). The Parliament encouraged its peoples, and to ensuring that the region

remains an example of constructive withdrawal. Negotiations on the terms of international cooperation. Because the the exit continued throughout 2017. Arctic is also crucial in terms of regional The UK government continues to operate and global security, and a strategic under its 2013 Arctic Policy, Adapting to component of our foreign policy.” Change. The government’s icebreaker RRS Ernest Shackleton resumed its support of Rejected Ban on Arctic Drilling. In On the British Antarctic Survey after having March 16, 2017, lawmakers in the been chartered in the summer of 2016 to European Parliament voted 414-180 escort the cruise ship Crystal Serenity against a non-binding motion that called though the Northwest Passage. The for the European Commission and Shackleton (and the RRS James Clark Ross) member states to work towards “a future are to be replaced by the RRS Sir David total ban on the extraction of Arctic oil and Attenborough when the latter is completed gas,” but endorsed a ban on oil drilling in in 2019. the region’s “icy” waters.

EU Research Project on Improving Arctic Safety. In June 2017, EU’s Horizon 2020 program launched a new three-year IV. INTERNATIONAL research project to address safety and efficiency in Arctic ship operations. The ORGANIZATIONS project, SEDNA, ("Safe maritime operations under extreme conditions: the Arctic case") will develop an innovative and integrated risk-based approach to safe Recognizing the need for an ongoing Arctic navigation, ship design, and periodic review of law of the sea issues, in operation. The project is led by BMT 1999 the U.N. General Assembly Group (U.K.) and brings together 13 established the Open-Ended Informal partners from six different countries, Consultative Process on Oceans and the including China. Law of the Sea (ICP). The U.N. Division for Ocean Affairs and the Law of the Sea (DOALOS) plays a key facilitation role in the In a national referendum held on June 23, annual ICP process. DOALOS is also 2016, UK voters voted to leave the responsible for preparing the U.N. European Union. Prime Minister David Secretary-General’s annual report on Cameron tendered his resignation and ocean affairs and the law of the sea (copies Theresa May was elected to replace him, of which are available on the U.N. web and to negotiate the terms of the site). The annual S-G reports, the ICP 50

reports, and the U.N. General Assembly and ambitious” action, building off the resolutions on law of the sea matters Marrakech Partnership for Global Climate document the practice of states and Action. During the meeting, participating international organizations and collect countries approved a five-year relevant research and analysis. workplan on “loss and damage,” which will launch in 2017. The document calls on On June 19, 2015, the U.N. General countries to start formally addressing Assembly passed Resolution 69/292, topics such as slow-onset impacts of calling for development of an international climate change, non-economic losses binding instrument under UNCLOS on the (such as loss of culture or identity), and conservation and sustainable use of migration. The Government of Fiji was biological diversity in areas beyond nominated to serve as President for the national jurisdiction (ABND). As with past sessions to be held in 2017. proposals, it would provide for sharing the benefits of marine genetic resources.

The fourth Session of the Preparatory In 1996, representatives of Canada, Committee Established by the UN General Denmark/Greenland, Finland, Iceland, Assembly Resolution 69/292 met at UN Norway, Russia, Sweden, and the U.S. met Headquarters from July 10-21, 2017. On in Ottawa to form the Arctic Council. In December 24, 2017, the General Assembly addition to the eight circumpolar member- adopted a resolution (A/RES/72/249) to states and six Indigenous community- formally convene negotiations for an permanent participants, there are twelve international treaty to protect the marine permanent observer states: China, France, environments of the high seas. Germany, India, Italy, Japan, South Korea, Netherlands, Poland, Singapore, Spain, COP22. Representatives from almost 200 and the United Kingdom. Although not a countries gathered in Marrakesh, Morocco legally binding treaty, the Ottawa for COP22 in November 2016. Negotiators Declaration serves as the council’s charter. at the annual climate change conference Under the declaration, the council chair worked on the implementation plan for rotates among the eight member-states, the Paris Agreement and published the with each of the eight taking two-year “Marrakech Action Proclamation for Our terms. Current and upcoming Climate and Sustainable Development,” chairmanships are as follows: which generally reaffirms commitments  2015-2017: United States and goals from the Paris Agreement. The proclamation also calls on non-state  2017-2019: Finland actors to mobilize and join in “immediate 51

 2019-2021: Iceland October 25-26. Nina Buvang Vaaja was announced as the new director of the United States Chair Term Concluded and Arctic Council Secretariat at the beginning Finland Resumed Chairmanship of the meeting and the ensuing At the 10th Arctic Council Ministerial discussions addressed overarching issues meeting in Fairbanks, Alaska, Ministers of and the Council’s strategic focus for the eight Arctic States and leaders from Finland’s chairmanship over the next two the six indigenous Permanent Participant years. Representatives gave progress organizations of the Arctic Council met to reports on a number of projects such as mark the passing of the Chairmanship work by ACAP, AMAP, EPPR, PAME, and the from the U.S. to Finland. Outgoing U.S. Expert Group on Black Carbon and Chair, Rex Tillerson, passed the Methane that addresses pollution ceremonial “gavel” to the incoming Finnish prevention, education-related work chair Timo Soini. ongoing in SDWG and CAFF, plans for an Arctic Resilience Forum to take place in The representatives of the Arctic Council September 2018 in Rovaniemi, Finland, signed the Fairbanks Declaration on May and the ratification of the 2017 scientific 11, 2017 during the 10th Ministerial. The cooperation agreement. The next Senior Declaration includes three thematic areas: Arctic Officials’ meeting was set to take 1) Arctic Ocean Safety, Security and place in Kittilä, Finland in March 2018. Stewardship, 2) Improving Economic and Living Conditions, and 3) Addressing the Finland’s Chairmanship Program Impacts of Climate Change. Some notable Finland released a document outlining the decisions contained in the Declaration country’s priorities for its 2017-2019 include the decision to assess the scope of chairmanship. The four areas of focus are the problem of increasing accumulation of 1) environmental protection, 2) marine debris and to establish a Task connectivity, 3) meteorological Force on Improved Connectivity in the cooperation, and 4) education. In terms of Arctic to compare the needs of those who environmental protection, Finland hopes live, operate, and work in the Arctic with that the Arctic Council will further support available infrastructure. The Declaration biodiversity conservation and pollution also announces the Agreement on prevention as well as mitigation and Enhancing International Arctic Scientific adaptation to climate change. Finland will Cooperation discussed below. seek to intensify the exchange of The second Senior Arctic Officials meeting information on best practices and of 2017 took place in Oulu, Finland from emerging technologies in order to promote sustainable development. In 52

order to improve connectivity in the Arctic, the Exploration of the Sea, Oceana (an Finland would like to introduce ocean conservation group working with an communications technologies including Inuit organization in Alaska to map satellite connections, mobile sensitive marine areas), the Oslo-Paris communications systems, low-bandwidth Commission, the National Geographic transmission, and sea cables. The Society, and the West Nordic Council. The incoming chair sees meteorological West Nordic Council was founded in 1985 cooperation as critical to improving public and includes representatives of the safety, benefiting international shipping parliaments of Iceland, Greenland, and the and air traffic, and enhancing Arctic Faroe Islands that focus their work on a climate science, and will work with the range of areas that includes Arctic affairs World Meteorological Organization (a new specifically. The main objectives are to observer in the Arctic Council) to deepen promote the common interests of the meteorological and oceanographic West Nordics, preserve the natural cooperation. Finally, Finland will push the resources and culture of the North Arctic Council to work towards the Atlantic, and strengthen cooperation digitalization of education in the Arctic and between the West Nordic governments. to strengthen the network of education specialists, in cooperation with the University of the Arctic. Arctic Council Working Group Activities

New Observers. Seven new observers ACAP: Arctic Contaminants Action joined the Arctic Council during the Program. Nothing new to report. ministerial meeting in Fairbanks. Switzerland was the only new country to AMAP: The Arctic Council’s Arctic be admitted and touted its track record of Monitoring and Assessment Program working with Arctic nations on (AMAP) published its first assessment environmental issues such as climate dealing with adaptation in the Arctic titled change, ozone depletion, and persistent “Adaptation Actions for a Changing Arctic: organic pollutants. Switzerland’s Perspectives from the Barents Area.” The mountains and glaciers also give Swiss assessment indicates that adaptation and scientists experience working in terrain mitigation processes must proceed in similar to the Arctic. The other new parallel, as adaptation has limits, and observers include the World mitigation efforts will lead to more Meteorological Organization (which successful adaptation by limiting the recently launched its Year of Polar change to which ecosystems and human Prediction), the International Council for systems must adapt. The report highlights the region’s policy commitment to the 17 53

sustainable development goals and implementation of the Arctic Marine identifies adaptation actions and ways to Strategic Plan which is in place from 2015- meet possible Arctic future scenarios in 2025. The report outlines progress made light of climate change. from 2015-2017 in achieving four primary goals: 1) Improve knowledge of the Arctic AMAP also issued a report titled “Snow, marine environment and continue to Water, Ice and Permafrost in the Arctic monitor and assess current and future (SWIPA) 2017,” which presents the findings impacts on Arctic marine ecosystems; 2) of the fourth AMAP assessment Conserve and protect ecosystem function addressing Arctic climate issues. The and marine biodiversity to enhance report addresses the changing resilience and the provision of ecosystem interactions between the cryosphere and services; 3) Promote safe and sustainable the hydrosphere, the Arctic’s role in the use of the marine environment, taking into global climate system, and challenges and account cumulative environmental opportunities in the Arctic, including risks impacts; and 4) Enhance the economic, and hazards to Arctic communities and social and cultural well-being of Arctic impacts on wildlife and ecosystems. The inhabitants, including Arctic indigenous report concludes that the Arctic continues peoples and strengthen their capacity to to warm at twice the pace of mid-latitudes adapt to changes in the Arctic marine and is likely to see warming of up to five environment. degrees Celsius as early as 2040. The One significant accomplishment during report recommends limiting future the U.S. chairmanship of the Arctic Council change, adapting to near-term impacts, was the launch of the “Arctic Shipping Best supporting the advancement of Practices International Forum.” The Arctic understanding, and raising public Council’s Protection of the Marine awareness of the implications of changes Environment (PAME) Working Group in the Arctic cryosphere. approved the Forum's Terms of Reference EPPR: Chairmanship of the Emergency at their February 2017 meeting. The Prevention, Preparedness and Response forum’s web portal will reportedly be (EPPR) Working Group passed to Jens launched in February 2018. Peter Holst-Andersen of Denmark in 2017.

EPPR met in Vologda, Russia June 28-29, 2017.

PAME: The Protection of the Arctic Marine Environment (PAME) working group published a report on the status of

new technologies, responding to climate change, engaging in ocean governance, enhancing global facilitation and security of international trade, and ensuring regulatory and organizational effectiveness generally.

The adopted budget for facilitating the Photo from Hellenic Shipping News achievement of these goals was a The Arctic Yearbook 2017 examines $43,217,143 assessment on Member “Change and Innovation in the Arctic: States for the upcoming year. Policy, Society, and Environment.” IMO and Climate Change. During its 70th For further information, please refer to the session meeting in London, the IMO Arctic Council web site. Marine Environment Protection Committee (MEPC) set January 1, 2020 as the implementation date for a global sulphur cap of 0.50 percent m/m (mass/mass). According to IMO Secretary- In 2015, the IMO Assembly unanimously General Kitack Lim, “The reductions in endorsed the appointment of Mr. Kitack sulphur oxide emissions resulting from Lim from the Republic of Korea as the lower global sulphur cap are expected secretary-general of the IMO effective to have a significant beneficial impact on January 1, 2016, for a term of four years. the environment and on human health, The IMO Assembly met for its 30th session particularly that of people living in port at IMO Headquarters in London from cities and coastal communities, beyond November 27-December 6, 2017. The the existing emission control area.” Assembly was reportedly the largest The Marine Environment Protection gathering at the headquarters in history, Committee (MEPC) had its 71st session July with 1,400 participants. The Assembly 3-7, 2017. The MEPC clarified the ballast adopted its strategic plan for 2018-2023, water management schedule, discussed including a revised mission statement, a GHG and air pollution issues, adopted new vision statement, and seven newly- NOx emission control areas, designated an identified strategic directions for the additional Particularly Sensitive Sea Area, organization. The identified strategic and agreed to work on implementation of directions centered around improved the 0.50 percent global sulphur limit. The implementation of regulations, advancing Committee agreed on an implementation

schedule for ships to comply with the IMO solutions to the climate challenge. That will Ballast Water Management (BWM) require debate on a wide range of issues Convention, which aims to stem the some of which are quite challenging, but transfer of potentially invasive species in which the 172 IMO member States must ships’ ballast water. The treaty entered reach an agreement on. As expected, this into force on September 8, 2017. week's negotiations have indeed been difficult, and will continue to be so during the The BWM Convention has been ratified by final phase in April next year. On the other 67 countries, representing 74.91 percent hand, it is very positive to see many member of world merchant shipping tonnage and States as well as both industry and NGO's requires that all “new” vessels built after pushing for a high level of ambition. Now, we September 8, 2017 must meet strict “D2” need to keep the intense efforts up in order discharge standards, presumably by to achieve an ambitious strategy which will installing a compliant ballast water demonstrate the continued determination of management system. Until September 8, the IMO to reducing greenhouse gas 2024, existing vessels generally have the emissions.” option of either meeting the new D2 standards, or engage in the D1 standard The IMO has also stepped up its efforts on by exchanging their ballast water at sea. reducing Air Pollution and Greenhouse Compliance with the BWM Convention will Gas Emissions from vessels and increasing now be included in Port State Control their Energy Efficiency. Vessel air (PSC). PSC Inspectors will check that the emissions are regulated under MARPOL vessel has a valid International BWM Annex VI, which aims for a progressive compliance certificate from its flag state reduction globally in emissions of SOx, and that the vessel is maintaining the NOx and particulate matter and the required Ballast Water Record Book. introduction of emission control areas (ECAs) to reduce emissions of those air Moving Toward a Global Climate pollutants further in designated sea Agreement. In 2017, the IMO took areas. Under revised MARPOL Annex VI, another step toward drafting a global the global sulphur cap will be reduced climate agreement for shipping as from the current level of 3.50 percent to member states participated in a week of 0.50 percent, effective from January 1, negotiations. Final negotiations were set 2020 (the limits applicable in ECAs for SOx to take place in April 2018, at which time and particulate matter were reduced to an initial strategy should be adopted. 0.10 percent, from January 1, 2015). Director General Andreas Nordseth from the Danish Maritime Authority reportedly Polar Code Update. In May 2017 the IMO said: “It is decisive that we achieve global released an eleven-minute film explaining

the significance of the Polar Code and its In 2016, DNV GL issued guidance on how impact on shipping. In order to make the to comply with the Code and noted that film, an IMO team took a voyage to the safety part of the Polar Code applies to Antarctica on the cruise ship Ocean ships certified under SOLAS, i.e. cargo Diamond to get a sense of what the code ships of 500 GT or more and to all means for ships in practice. The Polar passenger ships. Cleanship Scandinavia Code went into effect on January 1, 2017. prepared advice on the pollution For a detailed analysis of the Code, see the prevention requirements of the Polar ALPI Year in Review for 2014. Code and Lloyd’s Register offered compliance support and an In 2014, the International Maritime interactive guidance tool. Organization’s Maritime Safety Committee (MSC) adopted the SOLAS “Safety” Autonomous Ships on Agenda at IMO measures forming Part I of the mandatory According to the Norwegian Maritime International Code for Ships Operating in Authority, it came as a surprise to many Polar Waters (the “Polar Code”). In May that the proposal to put the autonomous 2015, the IMO’s Marine Environment ships initiative on the IMO’s agenda in Protection Committee (MEPC) adopted the 2016 did not face any opposition. Norway pollution prevention measures forming has already started trials of autonomous Part II of the Polar Code. At its June 2015 ships through its approval of a test area in meeting, the MSC approved, for later the Trondheimsfjord and the adoption, amendments to the STCW establishment of the Norwegian Forum for Convention and Code that will implement Autonomous Ships (NFAS). training requirements for vessel officers and crew members to obtain a certificate 2017 witnessed several new of proficiency for service in waters covered developments in unmanned vessels. At its by the Polar Code. 98th meeting, the IMO’s Maritime Safety Committee agreed to a proposal put According to the IMO, this collection of forward by Denmark, Estonia, Finland, safety and environmental rules covers “the Norway, The Netherlands, South Korea, full range of shipping-related matters the UK, and the US to conduct a regulatory relevant to navigation in waters scoping exercise for the advent of surrounding the two poles—ship design, “maritime autonomous surface ships.” In construction and equipment; operational another development, in September, and training concerns; search and rescue; 2017, Finland’s Wärtsilä Corporation and, equally important, the protection of demonstrated the feasibility of remote the unique environment and eco-systems control of a vessel when it “operated” the of the polar regions.” Highland Chieftan, an 80-meter offshore 57

vessel located off the coast of Scotland, The data collected will provide a critical from the Wärtsilä office in San Diego, foundation for the IMO to develop California, some 8000 kilometers away. additional measures in this area. The Elsewhere, Norway dedicated the 128 MEPC also approved a roadmap (2017 kilometer long Trondheimsfjord to serve through 2023) for developing a as a testbed for autonomous ship testing. “Comprehensive IMO strategy on Norway’s Kongsberg Group and Yara reduction of GHG emissions from ships.” International have also partnered to build The roadmap indicates that an initial and equip the Yara Birkeland, a fully greenhouse gas strategy will be adopted in electric and autonomous, 120 meter, 3,200 2018. ton container ship, scheduled for delivery in 2018.

Arctic Oil Spill Response Guide. The IMO and the Arctic Council working group for The Food and Agriculture Organization Emergency Prevention, Preparedness and and its Committee on Fisheries (COFI) “is Response (EPPR) commissioned the Arctic the only global inter-governmental forum Oil Spill Response Guide and the IMO will where major international fisheries and issue a supplement that includes the aquaculture problems and issues are Antarctic and other subarctic areas examined,” and where recommendations affected by ice. The objective of the Arctic are developed for governments, regional version of the guide is to identify and fishery bodies, NGOs, and fishworkers. describe those aspects of planning and COFI’s 31st Session (a biennial event) in operations that are directly associated June 2014 did not directly address the with a response to an Arctic oil spill in ice Arctic, nor did the 32nd Session held in and snow conditions. 2016 in Rome.

Mandatory Data Collection System. In Although it was not negotiated under the October 2016, the IMO’s Marine auspices of the FAO, the five states Environment Protection Committee bordering the Arctic Ocean (Canada, (MEPC) adopted a requirement that ships Denmark/Greenland, Norway, Russia and of 5,000 gross tonnage and above will have the United States) signed a declaration in to collect consumption data for each type Oslo on July 16, 2015, agreeing to ban of fuel oil they use, as well as other, commercial fishing by their vessels in the additional, specified data including proxies high seas waters of the Central Arctic for transport work. These ships account Ocean until more scientific research can for approximately 85 percent of CO2 be done on how warming seas and melting emissions from international shipping. 58

ice are affecting fish stocks. The instrument of adherence included a declaration is examined in Part II above. reservation to the commercial whaling moratorium. The reservation was not

acceptable to all IWC member governments. However, in 2002, a The International Whaling Commission majority of the ICRW parties voted to (IWC) was established by the 1946 accept Iceland back as an IWC member. In International Convention for the 2013, taking advantage of its reservation Regulation of Whaling (ICRW). The to the moratorium, Iceland resumed convention’s purpose is to provide for the whaling. proper conservation of whale stocks and The IWC allows non-zero whaling quotas thus make possible the orderly for aboriginal subsistence. In 2012, the development of the whaling industry. The commission voted 48-10 to uphold new IWC headquarters is in Impington, near catch limits for Arctic subsistence whaling Cambridge, England. communities, which were set to expire in The Commission member-states met for 2012. The vote came on a joint request IWC66 in Portoroz, Slovenia from October from the U.S. and Russia to set catch limits 20-28, 2016, where it adopted seven for aboriginal subsistence whaling on resolutions, including one on Cetaceans bowhead whales. The commission and Ecosystem Services. adopted catch limits for 2013 through 2018 that allow Alaskan and Chukotka In 1982 the IWC member-states adopted a native whalers to land up to 336 whales to moratorium on commercial whaling, meet their subsistence needs. The U.S. which entered into force in 1986. Japan, and Russia allocate the available strikes Norway, Peru, and the Soviet Union lodged between Alaska Eskimos and Chukotka formal objections (and were therefore not natives under a bilateral agreement. bound by the moratorium under the ICRW). Japan and Peru later withdrew their Under the ICRW, member states may issue objections. In 1994, the IWC established “scientific permits” to their citizens. Japan the Southern Ocean Whale Sanctuary in has issued such “scientific whaling” the Antarctic. permits since 1986. In a challenge by Australia and New Zealand, the Iceland, which did not lodge an objection International Court of Justice held on to the 1982 moratorium, withdrew from March 31, 2014, that Japan’s whaling the IWC in 1992; however, it then re- activities in the Southern Ocean did not fall adhered to the 1946 ICRW in 2002. Its 2002 within the ICRW’s article on scientific

whaling and were therefore not exempt The 25th meeting of the NAMMCO Council from the global moratorium on took place in Nuuk, Greenland from April commercial whaling. Whaling in the 5-6, 2017 under the chairmanship of Antarctic (Australia v. Japan). However, Iceland (Annotated Agenda). The Parties after modifying its program, Japan confirmed their commitment to enhance resumed “scientific whaling” in the their cooperation regarding marine Southern Ocean in 2015. mammal research, conservation, and management and the improvement of Japan harvested 177 whales (43 minke hunting methods. They agreed on a whales and 134 sei whales) as part of its common declaration reaffirming their will “research” whaling in offshore waters in in ensuring the sustainable and the northwest Pacific in fiscal 2017. responsible use of marine mammals. The Between November 2016 and March 2017, NAMMCO Scientific Committee meeting Japan whaling vessels also harvested 333 was held in Reykjavik, Iceland from minke whales in the Southern Ocean November 14-17, 2017. (matching their 2015-2016 harvest). After a long campaign to thwart Japanese whaling activities in the Southern Ocean by direct action, the Sea Shepherd Society On September 29, 2017, the chairman of announced in August 2017 that they were the Commission on the Limits of the abandoning the effort. Continental Shelf issued a comprehensive statement (CLCS/100) on the work of the Commission and its subcommissions during the forty-fourth session. The North Atlantic Marine Mammal No Arctic state submitted an ECS claim to Commission is self-described as an the CLCS in 2017. Of the three ECS international body for cooperation on the recommendations adopted by the CLCS in conservation, management, and study of 2017 none involved an Arctic claim. The marine mammals in the North Atlantic. above referenced chairman’s statement The NAMMCO Agreement was signed on does, however, provide an overview of the April 9, 1992 by Norway, Iceland, progress made in the examination of the Greenland and the Faroe Islands, and submissions made by the Russian entered into force on July 8, 1992. Its Federation in respect of the Arctic Ocean headquarters is in Tromsø, Norway. (partial revised submission). Norway has been whaling commercially since 1994, consistent with its “objection” Background and Legal Basis to the IWC moratorium.

A widely-circulated 2015 Foreign Policy On December 6, 2013, after 10 years of article titled Frozen Assets by James surveys and research at a cost of some Bamford continues to provide a widely $200 million, Canada submitted to the read introduction to the extended CLCS information on the limits of the continental shelf claims process. continental shelf beyond 200 nautical miles from the baselines from which the Under the 1982 U.N. Convention on the breadth of the territorial sea is measured Law of the Sea (UNCLOS), all coastal states in the Atlantic Ocean. Canada notified the have sovereign rights in the natural Commission that this was a partial resources of their continental shelf. A submission, and that it intended to submit coastal state’s continental shelf extends at information on the limits of the least 200 nm seaward from the baseline. A continental shelf beyond 200 nautical complex formula in Article 76 of UNCLOS miles in the Arctic Ocean at a later date. provides a basis for some “geographically advantaged” states to assert claims to an In August 2014, Canada launched the first “extended” continental shelf beyond 200 of its additional surveys to complete its nautical miles, if, among other things, Arctic submission. A second was certain geologic features are proven conducted in 2015. The Harper continental extensions. administration had earlier hinted at a North Pole claim, based on a connection Article 76 and Annex II of UNCLOS call for between the Lomonosov Ridge and a Commission on the Limits of the Ellesmere Island. It is not clear whether Continental Shelf (CLCS). Its function is to the new Trudeau government will pursue make recommendations to coastal states such a claim. on matters related to the establishment of the outer limits of their continental shelf. Denmark Claims CLCS recommendations are not binding on states. However, outer limits on the On November 26, 2013, Denmark shelf established by a coastal state on the submitted to the CLCS information on the basis of CLCS recommendations are final limits of the continental shelf in respect to and binding. According to Michael Byers, the North-Eastern Continental Shelf of author of International Law and the Arctic, Greenland. On December 15, 2014, “The commission does not adjudicate Denmark submitted to the CLCS overlapping claims. These must be information on the limits of the resolved through negotiation or recourse continental shelf beyond 200 nautical to an international court.” miles in respect of the Northern Continental Shelf of Greenland. Canadian Claims 61

Denmark claims the Lomonosov Ridge is adopted Russia’s revision on March 11, an extension of Greenland. Its submission 2014. encompasses the North Pole, extends to the outer boundary of Russia’s EEZ (200 On August 3, 2015, Russia delivered its nm from the baseline), overlaps the Partial Revised Submission of the Russian claimed continental shelf of Norway and Federation to the Commission on the Russia, and is expected to overlap with Limits of the Continental Shelf in Respect Canada’s continental shelf. of the Continental Shelf of the Russian Federation in the Arctic Ocean. Reportedly, Russian Claims the 2015 Russian resubmission is among the most detailed ECS claims submitted to In response to an August 2015 re- the CLCS. It includes a tectonic history of submitted extended continental shelf the evolution of the Arctic Ocean seabed (ECS) claim by Russia and a similar claim in and subsoil over the past 130 million December 2014 by Denmark (and an years. Russia acknowledges that its claim expected submission by Canada), the overlaps with the ECS claim by Denmark Commission on the Limits of the and the expected ECS claim by Canada. In Continental Shelf will play the key role in a prior diplomatic note, Canada, Denmark determining whether any state’s and Russia agreed not to object to ECS continental shelf claims extend to the submissions by the other two states, seabed under the North Pole. At issue is subject to the understanding that the geologic origin of an undersea delimitation of any overlapping mountain range, the Lomonosov Ridge. continental shelves of the three states will be determined subsequently. The CLCS The CLCS issued recommendations for began its consideration of Russia’s Russia’s original December 20, 2001 submission at its 41st Meeting in the submission on June 27, 2002. Those summer of 2016. recommendations included a suggestion that Russia make a partial Sea of Okhotsk Russia’s Minister of Natural Resources and claim that “shall not prejudice questions Environment told RIA Novosti that the relating to the delimitation of boundaries country would re-apply for its Arctic between States in the south for which a continental expansion in the summer of submission may be made later….” 2017. Newly elected members of the UN Pursuant to that recommendation, Russia Commission on the Limits of the submitted a partial revised claim for the Continental Shelf (CLCS) commenced their Sea of Okhotsk on February 28, 2013. After work on June 16, 2017 and Russia met with several amendments, the Commission the new experts to discuss the country’s

revised bid to extend the limits of the whose mission is to determine and define Arctic continental shelf by including the the extent of the U.S. continental shelf Lomonosov Ridge stretching toward the beyond 200 nautical miles consistent with North Pole and other formations. In 2018, international law. In congressional experts from Canada, Denmark, Norway, testimony, Admiral Robert Papp, the U.S. and the United States will reportedly meet Special Representative for the Arctic, to discuss issues of the adherence explained the current U.S. position on of underwater tectonic structures in the continental shelf claims in the Arctic and Arctic Ocean to various sections of the the importance of the U.S. acceding to the Arctic shelf. 1982 UNCLOS. Admiral Papp explained:

United States Claims The United States, like the other Arctic States, has made significant progress in The President’s National Strategy for the determining its ECS. All of the necessary Arctic Region Implementation Report data collection to delineate the U.S. ECS in estimates that the continental shelf off the Arctic Ocean has been completed Alaska probably extends more than 600 through tremendous efforts by the U.S. nautical miles. However, the situation of Coast Guard, the National Oceanic and the United States is complicated by the Atmospheric Administration (NOAA), the fact that it has not yet acceded to UNCLOS. United States Geological Survey (USGS), and the Department of State. Nine In the summer of 2016, the U.S. Coast successful cruises were completed in the Guard icebreaker Healy conducted ECS Arctic Ocean over 12 years, and four of surveys in the Arctic. The research team those missions were jointly conducted was headed by Dr. Larry Mayer, of the with Canada. University of New Hampshire’s Center for Coastal and Ocean Mapping/Joint In 2014, the Office of Ocean and Polar Hydrographic Center. Affairs at the Department of State established the ECS Project Office at a NOAA facility in Boulder, Colorado. This office is dedicated to completing the data analysis and documentation necessary to establish the limits of the U.S. ECS in the Arctic and for other U.S. ECS areas, such as the Bering Sea, Atlantic Ocean, and the

Gulf of Mexico. The U.S. Extended Continental Shelf Project is a multi-agency collaboration 63

While the United States has a significant boundary agreement in 1990. Although amount of ECS in the Arctic, as a non-party only provisionally in force, Russia has to the Law of the Sea Convention, the U.S. respected this maritime boundary, and is at a disadvantage relative to the other has not defined an ECS on the U.S. side of Arctic Ocean coastal States. Those States the boundary. The United States is taking are parties to the Convention, and are well the same approach. along the path to obtaining legal certainty Canada and the United States have yet to and international recognition of their agree to a maritime boundary that would Arctic ECS. divide our overlapping ECS. We have made Becoming a Party to the Law of the Sea this a key objective for implementation of Convention would help the United States our National Strategy for the Arctic Region, maximize international recognition and and this will be an important future effort. legal certainty regarding the outer limits of Nonetheless, we have managed to work the U.S. continental shelf, including off the together to collect mutually beneficial data coast of Alaska, where our ECS is likely to necessary to define our respective ECS extend out to more than 600 nautical areas. miles. U.S. accession is a matter of geostrategic importance in the Arctic For more detailed and up-to-date (where all other Arctic nations, including information on the United States’ ECS, see Russia, are Parties). The Administration U.S. Extended Continental Shelf Project. remains committed to acceding to the LOS Convention. The United Nations Educational, Scientific Overlapping continental shelves are and Cultural Organization (UNESCO) inevitable in the Arctic Ocean, as describes its mission as building “solidarity elsewhere. Where boundaries have not yet among nations by fostering information been concluded, we expect that exchange across a number of disciplines.” neighboring States will continue to work In 2011, after UNESCO’s governing board together on a bilateral basis to reach voted to recognize Palestine as a state and agreement on what are often complex and admit it to the organization, President time-consuming processes. It is important Obama announced that the United States to keep in mind this is not a question of was immediately cutting off funding for first-come, first-served. the organization. At the time, the United The United States has two maritime States payments constituted 22 percent of boundaries in the Arctic, one with Russia UNESCO’s budget. and one with Canada. The United States and the Soviet Union signed a maritime 64

The Intergovernmental Oceanographic that promotes and coordinates marine Commission (IOC) is part of UNESCO. It is research in the northern North Pacific. recognized through the United Nations Members are Canada, Japan, China, Korea, Convention on the Law of the Sea as the Russia, and the United States. Whereas competent organization in the fields of ICES extends work into the Arctic, PICES Marine Scientific Research (Part XIII) and 2014 report indicates that “PICES will not Transfer of Marine Technology (Part XIV). initiate projects related to the Arctic, as the Convention covers only the temperate The International Council for Exploration subarctic and adjacent seas, but this does of the Sea (ICES) is an organization of 20 not preclude the exchange of scientific member states that develops science and knowledge between North Pacific and advice to support the sustainable use of Arctic waters.” the oceans, with particular emphasis on the North Atlantic. Its purpose is to promote an integrated ecosystem The World Trade Organization is, among understanding of marine environments by other things, a forum for governments to coordinating research and advising negotiate trade agreements and settle international commissions and trade disputes. For example, on November governments on marine policy and 25, 2013, a World Trade Organization management. ICES calls the Arctic a panel upheld the European Union’s 2010 “research priority,” with projects on ban on trade in seal products (Regulation subarctic fisheries, Barents Sea Ecosystem (EC) No 1007/2009). The WTO, while Assessment, hydrography and warming of finding that the EU’s so-called Seal Regime the Arctic Ocean, marine spatial planning, had violated international trade and risk evaluations for Arctic shipping, oil agreements, determined that the ban was and gas development, and non-native valid under the public morals clause. The species invasion. ICES publishes an annual EU ban, which principally targets Canadian Report on Ocean Climate for the North sealing practices, is reportedly a principal Atlantic each December. reason the EU’s request to be granted The North Pacific Marine Science Permanent Observer status at the Arctic 1 Organization (PICES) is an Council was “deferred” in 2013. intergovernmental science organization

1 Under the Ottawa Declaration, council decisions are made by consensus, creating a one-state veto.

Article XX of the General Agreement on adopted by the European Parliament and Tariffs and Trade (GATT) exempts specific Council, and implemented by Commission kinds of regulations from certain GATT regulation deleted an exception to the ban rules, including measures “necessary to for hunts to protect fish stocks; however, it protect public morals,” “necessary to preserved an amended exception for protect human, animal or plant life and hunts by Inuit and other Indigenous health,” and those “relating to the communities. The exception requires that conservation of exhaustible natural the hunting methods used must have due resources if such measures are made regard for animal welfare, be part of their effective in conjunction with restrictions hunters’ tradition, and contribute to their on domestic production or consumption.” subsistence. Such exceptions must comply with the

Article XX chapeau (introduction): they must not arbitrarily or unjustifiably On June 14, 2017, the States Parties to discriminate. UNCLOS elected seven new Members of the International Tribunal for the Law of The WTO Appellate Body upheld the EU the Sea (ITLOS). The judges will serve a ban in a May 2014 decision, but also found term of nine years starting October 1, the EU embargo “constitutes a means of 2017. Judge Boualem Bouguetaia (Algeria) arbitrary or unjustifiable discrimination.” and Judge José Luís Jesus (Cabo Verde) The Seal Regime bans products from were re-elected, and Mr. Oscar Cabello commercial hunts, but exempts products Sarubbi (Paraguay), Ms. Neeru Chadha from certified traditional Inuit hunts. (India), Mr. Kriangsak Kittichaisaree Canada argued that it is arbitrary to (Thailand), Mr. Roman Kolodkin (Russian exempt products based only on the Federation), and Ms. Liesbeth Lijnzaad identity of the hunter, when Inuit hunts (The Netherlands) will join them at the may share every other characteristic with bench. An Indian newspaper reported that Canadian commercial hunts. Ms. Chadha’s election as the first female The Appellate Body found the ban Indian member of ITLOS was a “significant allowable under Article XX, but unfairly victory for Indian at the UN.” She is the favorable to Greenlandic seal products in second woman to become a judge of violation of the chapeau. ITLOS in its two decades of existence.

Canada and the EU agreed in September 2014 that the EU would bring its regulation into conformity with GATT obligations by October 2015. The measures ultimately 66

United States, among others), the tribunal carefully circumscribed its opinions on the substantive issues. With regard to flag State obligations, it found “the primary responsibility for taking the necessary measures to prevent, deter and eliminate IUU fishing rests with the coastal State.” However, flag States must exercise due diligence to ensure their vessels do not Ms. Chadha at the UN (photo credit: TheHindu.com) engage in IUU fishing. This includes an ITLOS issued an advisory opinion obligation to investigate and take action regarding illegal, unreported, and following reported violations. In answering unregulated (IUU) fishing on April 2, 2015. the second question, the tribunal While the opinion has no direct application explained that flag State liability follows in the Arctic, it articulated principles based only from a breach of this due diligence on treaties or customary international law duty, and does not attach to actual vessel that will apply to vessels fishing in any conduct. The flag State is not liable if it has state’s exclusive economic zone (EEZ). taken all necessary and appropriate The Sub-Regional Fisheries Commission measures to meet its “due diligence” (SRFC), comprised of seven West African obligations. If vessels flagged by member nations facing serious IUU fishing States of an international organization, problems, ask the ITLOS to address four such the EU, engage in IUU fishing where questions. First, what obligations apply to the organization has negotiated access, flag States of vessels engaged in IUU liability generally attaches to the fishing? Second, what is the extent flag organization unless by contrary State liability for these activities? Third, agreement. what party is liable for violations when IUU With regard to the fourth question, the fishing is conducted by a vessel licensed ITLOS observed that a number of UNCLOS under an international agreement provisions establish coastal State rights between the flag State or an international and obligations related to the sustainable agency? Fourth, what are the rights and management of fish stocks shared obligations of coastal States to ensure between multiple exclusive economic sustainable management of shared or zones. Noting UNCLOS’s unfortunate lack common-interest fish stocks? of related precise definitions, the tribunal After unanimously finding jurisdiction to highlighted article 61, paragraphs 2, 3, and issue such an opinion (contested by the 4 as creating a coastal State obligation to 67

“conserve and develop [shared and common fish stocks] as a viable and sustainable resource.” The tribunal is of UNEP facilitates and sometimes acts as the view that this may include “more secretariat for thirteen Regional Seas effective fisheries management schemes Programs among 143 nations. Five other to ensure the long-term sustainability of programs—including the program for the exploited stocks” and stock restoration, as Arctic, which is administered by the Arctic well as an obligation to cooperate toward Council states—are independently these ends. administered. Some within the U.S. State In a non-Arctic development on October Department have suggested a more 29, 2015, but one that might well be formal UNEP-administered Regional Seas relevant to excessive maritime claims and Program for the Arctic Ocean (arguably, a regulations by some Arctic states, semi-enclosed sea under Article 122 of arbitrators hearing a dispute brought by UNCLOS). Such a program would build the Republic of the Philippines against the upon the Council member-states’ existing People’s Republic of China over competing 1991 Arctic Environmental Protection claims and activities in the South China Sea Strategy (AEPS) and could be coupled with determined that the arbitration tribunal provisions for a Regional Fishery has jurisdiction over at least some of the Management Organization (RFMO), similar claims. China refused to officially appear in to the Commission for the Conservation of the arbitration, claiming that the Antarctic Marine Living Resources. arbitration panel has no jurisdiction in the matter. In July 2016, the tribunal announced that China’s claim to sovereignty over the waters had no legal basis and China violated the Philippines’ V. SELECTED ARCTIC THEMES sovereign rights to exploit resources in its waters. The award examined a number of recurring issues, including historic waters claims, distinguishing low tide elevations, Nearly all the perceived dangers and rocks, and islands, the legal effect of opportunities of a rapidly warming Arctic artificial island “nourishment” on relate to shipping. extensions, and the obligation to protect and preserve the marine environment.

extent through the month occurred on the Pacific side of the Arctic, within the Bering A link to the ten-year shipping forecast Sea and the Sea of Okhotsk. There was conducted for the U.S. Committee on the minimal change in extent in the Atlantic Marine Transportation System (CMTS), is sector of the Arctic. available here. Arctic sea ice extent likely reached its A scientific study of sea ice thickness in the minimum extent for the year on Northwest Passage and its implication for September 13, 2017 at 1.79 million square shipping published in September 2015 miles. The 2017 minimum is the eighth concluded that “even in today’s climate, ice lowest in the 38-year satellite record. conditions must still be considered severe.” In evaluating shipping conditions, In July 2017, scientists announced that that the researchers highlighted the a much anticipated break at the Larsen C importance of considering both sea ice ice shelf in Antarctica occurred, unleashing extent and thickness. an iceberg that is one of the largest in the world at more than 2,200 square miles in The 11th Arctic Shipping Summit was held area and weighing a trillion tons. Scientists in London from November 29-30, 2017, fear that loss could speed up the outward with the theme of “Developing profitable, ice flow of the remainder of the Larsen C safe and sustainable shipping operations ice shelf, which would increase sea level, in a changing Arctic environment.” but glaciers in this region only have the Featured speakers included Michael potential to raise seas by about a Emerson, Director of the Marine centimeter. The loss of icebergs further Transportation Systems for the U.S. Coast south, however, could cause sea level rise Guard, and Julie Gascon, Assistant that would begin to be measured in feet. Commissioner for the Canadian Coast Special Regulations for Navigation in Guard. the Bering Strait. In 2017, the United 2017 Update on Arctic Sea Ice. According States and Russia issued a proposal to to the National Snow and Ice Data Center, establish six two-way routes and six Arctic sea ice extent for April 2017 precautionary areas in the Bering Sea and averaged 5.34 million square miles and Bering Strait off the coast of Chukotskiy tied with April 2016 for the lowest April Peninsula and Alaska. The proposed extent in the 38-year satellite record. The routes would be voluntary for all ships of April 2017 extent is 394,000 square miles 400 gross tonnage and above and are below the April 1981 to 2010 long-term intended to help preserve nature and the average. The largest reductions in ice animals in the area.

finalized a pilot project “Automated Mutual Assistance Vessel Rescue Network,” which has a regional ship In 2009, an Arctic Council Protection of the reporting system and uses automatic and Marine Environment (PAME) working long range identification and tracking data group led by experts from Canada, Finland for search and rescue efforts. This data and the United States completed a will be available in emergencies and is an comprehensive report on Arctic marine additional tool for managing search and shipping. It has been described as the rescue in the Arctic. most comprehensive analysis ever undertaken of trends relating to shipping The marine insurance industry and the into, out of, and through the region. PAME International Association of Classification has produced annual progress reports on Societies (IACS) offer a risk assessment its implementation. tool to supplement the Polar Code. As IACS explained to the IMO’s Maritime The original report included Safety Committee, the Polar Operational recommendations for enhancing marine Limit Assessment Risk Indexing System safety, protecting people and the (POLARIS): “provides a standard approach environment, and building infrastructure. for the evaluation of risks to the ship AMSA’s marine safety and environmental and the ice conditions encountered/ protection goal has been a driving force expected (ice regime). POLARIS can be behind the IMO’s mandatory Polar Code. used for voyage planning purposes or in Arctic Marine Shipping Assessment real time to aid in the decision making Progress Report for 2017. In May 2017, in support of shipboard operations. the Arctic Council’s PAME Working Group POLARIS may be used by Administrations published its 2017 progress report on as a means to set operational limitations implementing the recommendations in with respect to ships operating in ice.” the 2009 Arctic Marine Shipping The International Chamber of Shipping Assessment (AMSA) Report. The next (ICS) released its 2017 Annual Review, assessment should be published in 2019. which addresses five key issues of the The Arctic Council’s Emergency year: reducing vessel CO2 emissions, the Prevention, Preparedness and Response global cap on vessel fuel Sulphur content, (EPPR) working group discussed the alternative low Sulphur fuel options, intelligence gained from two search and implementing the Ballast Convention rescue exercises hosted by Denmark and (which entered into force in 2017), and the Russian Federation. Additionally, EPPR

responding to constant changes and the Northeast Passage (and the Northern continuing crises. Sea Route). The Northeast Passage, which includes what Russia has

designated the Northern Sea Route (NSR),

Secure access to, and the capacity limits of, traverses the Arctic Ocean north of Russia the Panama and Suez Canals will affect from the Barents Sea to the Bering Strait, thus serving as a possible northern route the demand for Arctic shipping routes in between the Atlantic and Pacific Oceans. the coming decades. The Panama Canal UNCLOS provides for freedom of Authority completed an expansion project navigation (subject to certain limitations) in 2016 that began commercial operation on the high seas, but Russia regulates on June 26th, opening a new lane of traffic vessel traffic in the NSR through a system by adding a third lock to the system. Now, of mandatory navigation permits and the canal can accommodate container transit fees. UNCLOS Article 234, which ships of up to 13,000 TEUs (before, it was Russia has at times invoked, allows coastal limited to 5,000 TEU ships). States to adopt and enforce non- The New Panamax and Suezmax limits are discriminatory regulations related to depicted in the following table: pollution in ice-covered areas within their Exclusive Economic Zones (up to 200 nm LENGTH BEAM DRAFT from the baseline). Russia also controversially interpreted UNCLOS to New Panamax 366 meters 49 15 (third lock) meters meters allow it to enclose groups of islands in a system of baselines, encompassing their Suezmax Unlimited 50 20 straits as internal waters subject to meters meters unrestricted Russian sovereignty. Whether the NSR eventually provides a viable For comparison, the commonly cited shipping alternative depends largely on limiting figures for vessels transiting the the future of Arctic ice: the Northern Sea Route are 30-meter beam Intergovernmental Panel on Climate (vessels cannot be wider than the Change expects 125 days of NSR escorting ice-breaker it must sometimes navigability by 2050. follow), and 12.5-meter draft (due to the shallow and often unavoidable straits Russia set up the Northern Sea Route between the New Siberian Islands). Administration (NSRA) and published new Limiting drafts in some Northwest Passage Rules of Navigation on the Water Area of deep draft routes are as little as 10 meters. the Northern Sea Route (unofficial English translation). The Russian International

Affairs Council (RIAC) provided a reader on Strait in the east to the Barents Sea in the the Northern Sea Route with Arctic west by mid-September. experts’ in-depth coverage on maritime As of November 1, 2017, a total of 289 law, transit in the Bering Strait, ecology, ships (214 flying the Russian flag) were icebreakers, and security. registered on the route and had taken a total of 1,782 voyages. Transit shipments In 2015, the Russian government released were low during the year, with twenty-four an Integrated Development Plan for the transit shipments registered by mid- NSR 2015-2030. The plan stressed the November. Over the course of the year, importance of providing safer and more 9,737 million tons of goods were shipped reliable navigation for maritime export of on the route, an increase of almost 35 Russian natural resources along the NSR percent from 2016. but also the strategic importance of the NSR for Russian national security. The A 984-foot vessel called the Christophe de Russian government is attempting to Margerie became the first ice-class LNG increase international transit cargo tanker to travel the northern route without transportation on NSR in partnership with escorting icebreakers in 2017. The tanker China and other Asian countries. carried liquefied natural gas through the Arctic passage from Europe to Asia. In October 2016, the NSR Administration Northwest Passage. Northwest Passage noted that 688 permits had been issued to (NWP) transits through Canada’s Arctic pass through the NSR so far in the year, archipelago are much more limited than including 136 for foreign ships. This those through the NSR. Neither Transport number was up from 672 at the same time Canada, NORDREG nor Canadian Coast in 2015. In December 2016, the Russian Guard has yet to provide data on 2016 Ministry of Economic Development traffic through the NWP, as did their announced that shipments to ports along Russian counterparts. the route in the first 11 months of the year increased to 6.9 million tons, a new post- Canada has declared the NWP internal Soviet high. China’s biggest shipping waters, and has enacted an assortment of company announced that its operations laws to address maritime risks in the along the Russian Arctic coast were waters. reaching a record high in 2016. Meanwhile, transit shipments remained on a low level A recent Ocean Yearbook article explores in general, reaching only about 210,000 the application of UNCLOS Article 234 in tons of goods transiting from the Bering those waters (Peter Luttmann, Ice-Covered Areas under the Law of the Sea

Convention: How Extensive are Canada’s Pori, Finland via the Northwest Passage. In Coastal State Powers in the Arctic? 29 2014, the Fednav cargo ship MV Nunavik, Ocean YB 85 (Aldo Chircop, ed., 2015). carrying nickel ore (and equipped with Another, by James Kraska, examines the some ice protection) completed the transit Northern Canada Vessel Traffic Services without icebreaker accompaniment. Zone Regulations (NORDREG) and the Law of the Sea. Crystal Serenity. In September 2016, after more than two years of planning, the As the Canadian Department of Fisheries 13-deck cruise ship Crystal Serenity and Oceans’ Arctic Voyage Planning Guide embarked on its sold-out voyage through warns, the NWP presents more shipping the Northwest Passage. The ship safely challenges than the NSR because of more docked in New York City 32 days later. hazardous ice conditions and a relative Passengers paid between $22,000 and lack of infrastructure. $120,000 for the trip, which included stops in secluded Inuit villages for a glimpse of An October 2014 Report of the life in the North. Commissioner of the Environment and Sustainable Development on Marine Crystal Serenity added a team of Arctic Navigation in the Canadian Arctic experts from Arctic Kingdom, a Canada- concluded that existing infrastructure based travel organization, to join tourists adequately supports current traffic levels, on its second cruise through the but gaps must be addressed to handle the Northwest Passage in 2017. The experts, emerging risks of increased traffic. based in Iqaluit, consist of local Inuit guides, marine biologists, archaeologists, One unofficial source reported that, expert divers, conservationists, between the first NWP transit in 1853 and photographers, and wildlife experts, and the end of the 2012 navigation season, 185 they provided information about Arctic complete transits of the Northwest culture, wildlife, and geography Passage had been made by 135 different throughout the course of the 32-day vessels. The figure includes transits cruise. Some of the “boutique adventures” through all seven of the recognized NWP included were Arctic scuba diving, a routes. In 2012, a record number (30) of chartered flight to the Hamlet of Gjoa vessels transited through the Northwest Haven, and fly fishing for Arctic char. Passage, bringing the total to 215. A Coast Guard Air Station Sitka MH-60 In 2013, for the first time, a large bulk Jayhawk helicopter crew medevaced a 57- carrier, the 75,000 deadweight-ton Nordic year-old man with a leg injury from Crystal Orion, transited from Vancouver, BC to Serenity approximately 12 miles

southwest of Yakutat en route to Sitka on In view of the conflicting territorial claims the cruise ship’s second journey through in the Arctic, the treaty provides that "the the Arctic. The Jayhawk crew safely hoisted delimitation of search and rescue regions the man and transported him to Sitka. is not related to and shall not prejudice the delimitation of any boundary between Although the Northwest Passage cruise States or their sovereignty, sovereign sold out in 2016, it did not reach capacity rights or jurisdiction." Russia embraced in 2017. Crystal Cruises will not be sending the agreement, opening three of ten Crystal Serenity along the Northwest planned SAR centers by the end of 2014. Passage in 2018, and in the future, the Future cooperation on search and rescue route will be taken by a smaller polar-class activities will be facilitated by the Arctic vessel called Crystal Endeavor. The new Coast Guard Forum. vessel will be able to carry about 200 passengers, significantly less than Crystal The U.S. Coast Guard, Alaskan Command Serenity's 1,000, but the small size will and other state, federal, local and reportedly provide more itinerary international partners conducted the flexibility as the vessel will be able to exercise Arctic Chinook 2016 in Kotzebue, maneuver through smaller passages. Alaska, from August 22-25, 2016. Delivery is expected in August 2018. According to Coast Guard reports, Arctic Chinook was a joint Coast Guard and U.S. Northern Command-sponsored exercise on the U.S. Department of State-approved Polar Code. Most sections of the IMO’s list of Arctic Council Chairmanship events. mandatory Polar Code entered into force The exercise scenario consisted of an on January 1, 2017. The Polar Code adventure-class cruise ship with amendments to the STCW Convention approximately 250 passengers and crew were adopted by the IMO’s Maritime that experiences an incident which Safety Committee in November 2016, and degrades to become a catastrophic event. will not enter into force until July 1, 2018. The exercise simulated a decision to See Section IV.C. abandon ship resulting in passengers and Arctic Search and Rescue. In 2011, the crew with a mix of critical, serious and Arctic Council states signed the Agreement minor injuries, as well as the deployment on Cooperation on Aeronautical and of life rafts. Maritime Search and Rescue in the Arctic. Marine Casualties. On July 14, 2017, the The agreement, which assigns the areas of 872 foot Danish flag container ship Laura SAR responsibility for each state-party, Maersk lost propulsion in the Bering Sea entered into force on January 19, 2013.

twelve miles north of Unimak Pass, while Nautical Institute launched the Ice on the great circle route from Vancouver, Navigator Training and Certification BC to Busan, South Korea. The ship drifted Scheme, which is designed to complement for seven hours before tugs from Dutch the Polar Code but is not restricted to Harbor brought it under control. By then polar regions. The course focuses on the ship was just six miles from Akutan actual shiphandling and operation of Island. The ship had over 50,000 gallons of vessels in ice-covered waters. marine diesel fuel oil on board. Polar Code Certification. In 2017, the 155-passenger expedition cruise chip MS A series of marine casualties involving U.S. Bremen, owned by Hapag-Lloyd Cruises, flag vessels and the follow-on became one of the first passenger ships in investigations provide new insight into the the world to receive the Polar Ship risks posed by vessel traffic in the Certificate that will be mandatory for ships Arctic. Two collisions involving well- operating in the polar regions starting in equipped and amply-manned U.S. Navy January 2018. The classification society warships (USS Fitzgerald and USS John S. DNV GL awarded the MS Bremen the Polar McCain) operating in the western Pacific Code certification after the ship went resulted in the loss of seventeen lives. through a two-year long phase of Equipment, training, crew fatigue, and preparation. inadequate oversight all contributed to the casualties. Investigations by the U.S. Coast Central Bering Sea Place of Refuge. The Guard and the National Transportation Coast Guard and Marine Transportation Safety Board into the 2015 loss of the Act of 2012 called for two Arctic marine forty-year-old, 241 meter U.S. flag and studies. Section 717 required the U.S.-crewed roll-on/roll-off ship El Faro off Commandant of the Coast Guard to the east coast of the Bahamas during consult with appropriate federal agencies Hurricane Joaquin, resulting in the loss of and with state and local interests to all thirty-three crewmembers, revealed determine what improvements, if any, are serious operational and oversight errors, necessary to designate existing ice-free an inadequate safety management facilities or infrastructure in the Central system, and inadequate weather Bering Sea as a fully functional, year-round reporting. Potential Place of Refuge. The Coast Guard delivered the report in 2014.

Arctic Deep Water Port. Section 721 of Launch of Ice Navigator Training and the 2012 bill required the Commandant, in Certification Scheme. On July 3, 2017, the consultation with the Commanding

General of the Army Corps of Engineers, U.S. side of the Bering Strait and into the the Maritime Administrator, and the Chief Arctic Ocean. of Naval Operations, to conduct a study on In his December 9, 2016 executive order, the feasibility of establishing a deep water President Obama directed the Coast seaport (with a depth of not less than 34 Guard to give careful consideration to feet) in the Arctic to protect and advance community recommendations regarding strategic United States interests within the environmentally sensitive Areas to Be Arctic region. The Coast Guard delivered Avoided (ATBAs) in the area and to publish the Report on February 11, 2014. See its initial findings by the end of 2016 and Section III.A.7 for a description of the move its conclusions to the International Corps of Engineers’ activity. Maritime Organization for action by 2018.

Committee on the Marine In response to the Obama executive order Transportation System. See Section (which was later revoked by President II.A.13. Trump), the Coast Guard completed its Preliminary Findings of the Port Access Route Bering Strait PARS. On November 8, Study: In the Chukchi Sea, Bering Strait and 2010, the Coast Guard published a notice Bering Sea on Dec. 23, 2016 [Docket in the Federal Register of its intent to Number USCG-2014-0941 and USCG 2010- conduct a Port Access Routing Study 0833]. Instructions for viewing the (PARS) for the Bering Strait (75 Fed. Reg. document were posted in the Federal 68,568), the 50 mile wide strait between Register on February 27, 2017. As with the Russia and Alaska, partly blocked by Little 2015 proposal, the Preliminary Findings and Big Diomedes Islands. The study was call for establishment of Two-Way Route initiated to evaluate the continued designations from the Bering Sea north of applicability of and the need for the Aleutian Islands through the Bering modifications to current vessel routing Strait, Precautionary Areas at each measures, and the need for the creation of terminus of the Route, and designation of new vessel routing measures in the Bering Areas to be Avoided around several Strait. The goal is to help reduce the risk of islands. The deadline for submitting marine casualties and increase the comments on the proposal closed on May efficiency of vessel traffic in the study area. 30, 2017 (ALPI submitted extensive The Coast Guard announced on February comments on the proposal). The United 19, 2015 a proposal to establish 4-mile States and Russia later filed a joint wide traffic lanes running from Unimak proposal to the International Maritime Pass in the Aleutian Islands through the Organization to adopt the Bering Sea/Strait vessel routing measures (See

Section V.A “Arctic Marine Shipping” and personnel as well as operating as a above). research ship with laboratory facilities. The icebreaker, set to replace the Aurora Arctic Waterways Safety Committee. In Australis, is projected for completion in 2014 the U.S. Coast Guard 17th District 2019. facilitated an initial meeting of stakeholders to organize a new Arctic Canada Waterways Safety Committee. The committee held its first formal meeting in The 492 foot, Polar Class 2, diesel electric Juneau in March 2015, and a public powered Canadian Coast Guard meeting in Anchorage on June 8. The new icebreaker CCGS John G. Diefenbaker was committee is meant to provide a forum to expected to join the Canadian Coast Guard solve differences in the Arctic waterways fleet in 2021-2022; however, that date has without involving regulatory intervention. slipped, as there are reportedly several It focuses on creating best practices to research vessels and two navy ships ensure a safe, efficient, and predictable scheduled for construction ahead of her. environment for all users of Arctic waterways. Members include representatives from Arctic municipalities, regional subsistence hunting groups, and the marine industries.

The most widely cited compilation of China icebreakers of the world is produced by Shanghai-based Jiangnan Shipyard Co., Ltd the U.S. Coast Guard. What follows is a announced in July 2016 that China intends brief survey of recent icebreaker to start building its first domestically acquisition, construction and operational produced icebreaker by the end of 2016. developments. China’s largest icebreaker Xuelong (Snow Dragon) was purchased from a Ukrainian

Australia company in 1993. China refitted it into a polar research vessel at a cost of 31 million Australia revealed details of its new yuan, about $4.6 million, and put it into icebreaker in October 2015. The new service in place of the Research Vessel Jidi icebreaker will be used primarily to supply in 1994. Xuelong has completed 32 Australia’s three permanent Antarctic expeditions in Antarctica and is now on its research stations with cargo, equipment seventh Arctic expedition. The new vessel 77

will be smaller than the Xuelong but with at Arctech Helsinki Shipyard and the vessel more icebreaking power. was delivered to Arctia Icebreaking Oy in mid-2017. Arctia Icebreaking Oy is a Chile subsidiary of state-owned Arctia Shipping, In the summer of 2017, the Chilean Navy which manages all icebreaking operations launched its plan to build the country’s in Finland. first icebreaker ship, Antártica 1, at an estimated total cost of $315 million. The Germany design and basic engineering was On July 18, 2016, the German research scheduled to be completed in September, icebreaker Polarstern departed from with the shipyard Astilleros y Maestranza Tromsö (Norway) to start its 100th de la Armada taking over for the expedition. On board there are scientists shipbuilding phase later in the year. from 13 nations who cover the range from Finland physical oceanography, geochemistry, geodesy, geology, geophysics, seismology, Finland continues to be a leading nation in marine biology, biochemistry and the design and construction of mechanical engineering. Later that year, icebreakers. The Finnish icebreaking fleet she departed for Antarctica. includes nine state-owned, Finnish Navy and commercially owned vessels.

Polaris, Finland’s newest icebreaker, was completed on September 28, 2016. She is Norway the world’s first to feature dual fuel In 2017, the oceanographic icebreaker RV liquefied natural gas (LNG) and diesel Kronprins Haakon was delivered to propulsion, which makes the vessel Norwegian Polar Institute (NPI). The new Finland’s most powerful icebreaker and NPI research vessel will reportedly be the world’s greenest. In late 2016 the operated by the Institute of Marine icebreaker was undergoing final outfitting Research with the University of Tromsø as

the main user. The 100-meter long, 9,000- ship of a new class of icebreakers, ton Polar Class (PC) 3 vessel has space for depending on how well the vessel will do two helicopters, a remotely operated perform in service. The 6,000-ton ship is vehicle (ROV), and an autonomous 85-meter (280-feet) long and can underwater vehicle (AUV). It is capable of reportedly break through a meter of ice. breaking ice up to one meter, while With a crew of 35 it can traverse the entire meeting the applicable silencing 5,600 kilometer (3,500 mile) length of the requirements for minimizing the impact of Northern Passage and can operate marine mammals. autonomously for up to 60 days.

Russia According to a statement by Russian Deputy Prime Minister Dmitry Rogozin in On June 16, 2016, Russia launched the October 2016, Russia plans to develop a Arktika, the world's biggest, most powerful super-powerful icebreaker that will be able icebreaker in St. Petersburg. The LK-60 to operate in any ice situation and clear a class vessel is 170 meters (568 feet) long passage through five-meter ice. Although and 34 meters wide, and powered by two still only in the project development stage, nuclear reactors. Reportedly, it will be able Russia will be testing projects in coming to break through ice thirteen feet deep. years to develop new materials and fuel fit Projected for completion in 2019, the for their use in extremely low Arktika will be based in Murmansk, and the temperatures. Russian Federation plans to add two additional LK-60 class vessels for 2019 and The 300 meter Christophe de Margerie — 2020. the world’s first icebreaking LNG carrier — entered service in 2017. The vessel is the first of fifteen in the class designed and built in South Korea for Russia’s Socomflot to transport LNG from Russia’s Yamal gas field on a year-round basis. In late August, the vessel, which is reportedly capable of breaking ice up to 2.1 meters, made the One week earlier, Russia launched the North East Passage/Northern Sea Route 6,000-ton diesel-electric icebreaker Ilya passage from Hammerfest, Norway, to Muromets during a ceremony in St. South Korea in nineteen days (compared to Petersburg. The vessel was handed over a thirty-day transit via the Suez Canal). to the Northern Fleet on November 30, Sweden 2017. The Ilya Muromets could be the lead

On August 8, 2016, the Swedish icebreaker require six heavy and four medium Oden departed Svalbard to join the icebreakers. Canadian icebreaker Louis S. St-Laurent for “Arctic Ocean 2016,” in support of The Coast Guard presently has two active Canada’s continental shelf claim. For six polar icebreakers: USCGC Healy (WAGB weeks, the two vessels operated in the 20), medium icebreaker with a projected Amundsen Basin and the Lomonosov and service life of 2030, and USCGC Polar Star Alpha Ridges. (WAGB 10), a heavy icebreaker whose original 30-year service life ended in 2006, Sweden recognizes that efficient ice- but then completed a service life extension breaking operations are required to program in 2013. A third polar icebreaker, promote maritime safety and improve the Polar Sea (WAGB 11), was prepared for accessibility in ice-infested waters. “preservation drydocking” in 2015. Swedish ice-breakers are able to support increasing commercial shipping in the Arctic as well as help with both the monitoring of the vulnerable marine environment and Arctic research. The Swedish Maritime Administration’s five ice-breaking vessels are well suited to Arctic and sub-Arctic waters. In addition, the private operator, Trans Viking USCGC Polar Sea arriving in Portland. Icebreaking and Offshore, operates three ice-capable vessels. The Coast Guard has not yet decided United States whether it will be feasible to return the Polar Sea to active service. Meanwhile, her Icebreaker acquisition attracts much sister ship Polar Star, which is en route to attention among Arctic observers. The Antarctica at this writing, is expected to High Latitude Region Mission Analysis reach the end of her extended service life prepared for the Coast Guard by ABS not later than 2023, potentially leaving the Consulting in 2011 concluded that the nation without a heavy icebreaker to Coast Guard needs three heavy and three support its Antarctic activities. medium icebreakers to fulfill its statutory missions (Vol. II of the study analyzes The Congressional Research Service Arctic Mission Area Needs). To fulfill its published a detailed analysis of icebreaker statutory missions and maintain the capabilities and modernization needs on continuous presence requirements of the November 10, 2016. The U.S. has at least Naval Operations Concept (2010) would five options, individually or in 80

combination, for acquiring a new heavy Continued Fight for U.S. Polar icebreaker: (1) acquire a new icebreaker Icebreakers. The Senate Armed Service from a U.S. shipbuilding company; (2) Committee unanimously passed a acquire a new icebreaker from a foreign provision authored by Alaska Senator Dan shipbuilding company (perhaps at a lower Sullivan to procure the six polar-class cost); (3) enter into a short- or long-term icebreakers as part of the FY 18 National lease; (4) enter into a hybrid public-private Defense Authorization Act, with hopes that partnership for staffing an icebreaker the provision would be considered by the owned privately or by the government; full Senate quickly in order to continue and (5) overhaul and reactivate the USCGC moving the process forward. Polar Sea. Other than the icebreakers operated by the U.S. Coast Guard described above, On March 22, 2017, Admiral Zukunft four ice-capable ships fly the U.S. flag. testified before the Senate Committee on One, Sikuliaq (261 feet long and launched Commerce, Science and Transportation, in 2014), is owned by the National Science Subcommittee on Oceans, Atmosphere, Foundation and operated by the Fisheries and Coast Guard. Referring to University of Alaska Fairbanks. Two are the joint Navy-Coast Guard Integrated owned by Edison Chouest Offshore and Program Office he reported that the joint chartered to the National Science USCG-USN approach will leverage the Foundation: Nathaniel B. Palmer (308 feet expertise of both services and is already long and launched in 1992) and Laurence delivering results. M. Gould (230 feet long and launched in Draft RFP for USCG Heavy Polar 1997). The fourth, the 360 foot Aiviq Icebreaker. The U.S. Navy, in (launched in 2012), owned and operated collaboration with the U.S. Coast Guard, by Edison Chouest Offshore, is an ice- released a draft request for proposals capable anchor handling tug supply (AHTS) (RFP) on October 19, 2017 for the detail vessel built to support Royal Dutch Shell in design and construction of one heavy the Arctic. On November 9, 2015, Edison polar icebreaker with the option of up to Chouest Offshore canceled plans to build two more to support the country's two more AHTS vessels. economic, commercial, maritime, and Foss Maritime launched the Michele Foss, national security needs. The draft RFP the first of four planned Arctic tugs in solicited comments, questions, and March 2015. In June 2016, Foss launched planning purposes and is provided as “an the second vessel in the class, the Denise advance notice to ease proposal lead time Foss. The ice-strengthened tugs are 132 and assist teaming arrangements.” feet long.

implemented by the National Marine Fisheries Service in 2009 (74 Fed. Reg. V. 74 No. 211, Dec. 3, 2009). Canadians Reduction in Cod Quotas in the Barents protested the eastern reach of the U.S. Sea. In 2017, the International Council for Arctic Management Area, claiming that it the Exploration of the Sea recommended extended into waters claimed by Canada that the cod quota in the Barents Sea for (the Beaufort Sea boundary between the the following year be reduced by more U.S. and Canada is disputed). than 170,000 tons. Norwegian and Russian fisheries in the region have enjoyed high quota levels in recent years, with an all-time high of 1,021 million tons in 2013. According to the Norwegian Institute of Marine Research, the high quotas were largely due to good cod year classes in 2004 and 2005, but now there is a natural decline in Atlantic cod stocks that could force fishermen to reduce their An initial study on the Arctic ecosystem catch by twenty percent in the next year. was published by a researcher at NOAA’s Alaska Fisheries Science Center in Seattle U.S. Arctic Fisheries. In 2009, the (G.A. Whitehouse, Preliminary Mass- secretary of commerce approved the balance Food Web Model of the Eastern North Pacific Fisheries Management Chukchi Sea). Council’s Fishery Management Plan for the Fish Resources of the Arctic Management Any decision on fishing activity in the harsh Area (Arctic FMP). The Arctic FMP imposes and distant waters of the 200,000 square a moratorium on commercial fishing in the mile Arctic Management Area must “Arctic Management Area,” which includes consider National Standard 10 of the the waters of the U.S. exclusive economic Magnuson-Stevens Act, which dictates that zone north of the Bering Strait, including conservation and management measures the Chukchi and Beaufort Seas eastward must, to the extent practicable, promote to the limits of U.S. jurisdiction. The the safety of human life at sea. moratorium on fisheries is to remain in place until scientists can determine what Commercial Fisheries in the Arctic fish stocks exist (e.g., Arctic cod, saffron Ocean. From March 15-18, 2017, cod, snow crab, and Pollock) and how delegations from Canada, China, crucial they are to maintaining a fragile Denmark, the European Union, Iceland, Arctic ecosystem. The plan was Japan, Korea, Norway, Russia and the

United States met in Reykjavik, Iceland, in continue negotiating the terms of the their ongoing efforts to prevent illegal, agreement. unreported and unregulated (IUU) fishing High Seas Fisheries in Central Arctic The Chairman’s Statement issued at the Ocean. Importantly, the States conclusion of the November meeting represented included not just the five explained that the draft Agreement States that border the Arctic Ocean applies to the high seas waters of the (Canada, Denmark/Greenland & Faroe Central Arctic Ocean beyond any nation’s Islands, Norway, Russia and the U.S.), but exclusive economic zone; an area of some also four States whose vessels engage in 2.8 million square kilometers. While distant water fishing operations (China, conceding that no commercial fisheries Iceland, Japan and South Korea) and the are likely to occur in those waters in the European Union, on behalf of its member near future, the participating States noted States. The meeting followed previous that changing conditions in the Artic talks that took place in Washington, D.C. require a Precautionary Approach to the from December 1-3, 2015 and April 19-21, area’s resources. Such an approach is 2016, in Iqaluit, Canada from July 6-8, 2016, called for by article 5 of the 1995 and in Tórshavn, The Faroe Islands, from Straddling Fish Stocks Agreement. November 29 to December 1, 2016. The When formally adopted, the Agreement Chairman’s Statement issued at the will establish and operate a Joint Program conclusion of the conference reported of Scientific Research and Monitoring, with that the delegations “resolved language in the aim of improving the understanding of the draft Agreement concerning the use of the ecosystems of the area and to terms, its objective, many of the measures determine whether fish stocks might exist that would apply under the draft in the area that could be harvested on a agreement, all provisions relating to a Joint sustainable basis. The Agreement also Program of Scientific Research and recognizes that one or more regional Monitoring, the value of incorporating fisheries management organizations indigenous peoples’ knowledge, all (RFMOs). provisions relating to exploratory fishing, The Chairman noted that "[b]efore the dispute settlement and most provisions Agreement will be open for signature, the concerning signature, accession, entry into delegations must first undertake a legal force, withdrawal, and relation to other and technical review of its provisions, agreements.” which will occur in the near future, and

Representatives met again in Washington, prepare the texts in the other languages in DC from November 28-30, 2017 to which it will be signed.”

Norway and Russia agreed in October walrus are forced to spend summers on 2015 to increase the codfish quota in the shore. Barents Sea. The agreement is part of the annual fishing negotiations between both Polar Bears. countries, which share stocks of cod, Scientists estimate the global polar bear haddock, and capelin in the Barents Sea. population numbers 20,000 to 25,000, but In the late 1970s, the Russia and Norway they caution that data on populations in institutionalized management Russia and East Greenland are lacking. cooperation through the Joint Norwegian- About sixty percent live within or are Russian Fisheries Commission under the shared by Canada. Polar bears are also Agreement of April 11, 1975. The 2015 found in the U.S. (Alaska), Russia, agreement contains technical regulations Greenland, and Norway (Svalbard). for fisheries operations and research collaboration.

Walrus.

The massive 2014 Pacific Walrus “haul out” was repeated in 2016, when thousands of the animals congregated on a barrier island just north of Point Lay, Alaska (see below).

The IUCN lists the polar bear as a vulnerable species, citing sea ice losses from climate change as the single biggest threat to polar bear survival. At their 2014 meeting, the IUCN Polar Bear Specialist Group reported that of the nineteen populations of polar bears three populations are declining; six are stable; one is increasing; and there is insufficient The haul outs were first observed in 2007, data on the other nine. coinciding with a record sea ice melt in the Arctic. Female walruses and their young The Southern Beaufort Sea population generally spend their summers on the along the northern coast of Alaska and sea ice, foraging in shallower areas for western Canada plunged by about forty food. But as summer sea ice retreats, 84

percent over the ten-year study period In November 2016, Norway hosted the from 2001-2010, dropping from about first meeting of the working subgroup for 1500 bears to 900 bears before stabilizing. the conservation of the polar bear However, Norway’s Barents Sea polar bear population and of the working group for population has increased by thirty percent cooperation in biodiversity under the Joint over the past eleven years. Russian-Norwegian Commission on Environmental Protection. Polar bears rely on the sea ice to hunt, The parties completed a draft plan of joint travel, breed, and sometimes to den. work for polar bear protection that will be Scientists report that, confronted by implemented from 2017-2018. The group dramatically diminished sea ice, polar gave special attention to cooperation bears are increasingly being forced to in the Pasvik-Inari cross-border specially swim much longer distances between haul protected natural area. outs, increasingly their activity level at the same time food sources are less New Marine Protected Area in the accessible. See Miriam Matejova, Is Global Arctic Environmental Activism Saving the Polar In November 2016, the Government of Bear? 47 Environment 14 (Oct. 2015). Canada and Northern partners announced the establishment of a new The five nations with polar bear marine protected area in the Arctic. populations signed a non-binding Located in the Beaufort Sea near the conservation agreement on September 2, community of Paulatuk, Northwest 2015. Canada, Denmark, Norway, Russia, Territories, the Anguniaqvia niqiqyuam and the United States agreed on a Marine Protected Area was created in circumpolar action plan to protect and collaboration with the Inuvialuit, as well as manage polar bears and their habitats. partners from industry, non-governmental Signatories to the agreement plan to draft organizations, and other stakeholders. an implementation plan and publish For the first time, the Government of progress reports and action tables. Canada utilized conservation objectives The Inuit Circumpolar Council noted that that were specifically based on Indigenous the five-nation agreement recognizes the traditional knowledge. right of Inuit to harvest polar bears under On December 21, 2017, the Canadian Canadian land claims agreements and federal government announced the Greenland’s legislation. creation of seven new marine refuges off the coasts of Nunavut, Newfoundland, and Russia-Norway Plan for Polar Bear Labrador that will cover a 145,598-square- Conservation

kilometer swath of ocean and add more international law, such as the Straddling than two percent to Canada’s marine Fish Stocks Agreement. protected areas. On June 3, 2008, President George W. Bush Biodiversity and Invasive Species. signed a congressional joint resolution relating to Arctic Fisheries (Pub. L. No. 110- Reports continue to come in on non- 243). That resolution emphasizes the need Indigenous species in Arctic waters. In for the United States to work with other September 2014, a research vessel nations to prepare for conserving and examining mackerel stocks caught three managing future Arctic fisheries. It further large Bluefin tuna in the Denmark Strait, declares that the U.S. should support much farther north than these fish usually international efforts to halt the expansion range. of commercial fishing activities in the high seas of the Arctic Ocean until such In a December 8, 2015 article titled Arctic international conservation measures are Invasion in Hakai magazine, Geoffrey Giller in place. reported that scientists sampling arriving ships’ ballast water in Svalbard identified For over five years, the U.S. encouraged twenty-three non-native species, including the other states bordering the Arctic crabs, barnacles, and copepods, in the Ocean to negotiate an agreement to ballast water. So far, it appears that the regulate Arctic fisheries. Russia balked for surrounding waters are too cold for the several years, but in 2012 it signaled its species to survive. willingness to support an agreement. Talks among the Arctic states began in the Arctic High Seas Fisheries. spring of 2013. At a February 2014 meeting in Nuuk, Greenland, officials from Canada, Much of the Arctic Ocean lies beyond the Denmark, Norway, Russia, and the United U.S. or any other nation’s 200 mile States agreed on tentative terms. exclusive economic zone. Within that high seas Arctic “doughnut hole” (not to be In July 2015, the five nations with Arctic confused with a similar high seas Ocean coastlines signed an agreement to doughnut hole in the Bering Sea between keep their fleets out of the ocean's so- the U.S. and Russian EEZs, which is called "donut hole.” governed by a 1994 international agreement) all nations enjoy the freedom From July 6-8, 2016, delegations from to fish consistent with the U.N. Convention Canada, Denmark in respect of the Faroe on the Law of the Sea and other applicable Islands and Greenland, the European Union, Iceland, Japan, South Korea,

Norway, Russia, and the United States met in Iqaluit, Canada to continue discussions concerning the prevention of unregulated International policy leaders almost commercial fishing in the high seas area of universally agree that the world should the central Arctic Ocean. strive to keep global average temperature Fishing Agreement to Protect Arctic rise related to greenhouse gas emissions Waters below 2° C above pre-industrial levels. Several studies indicate that meeting that In May 2016, leaders in the catching goal throughout the twenty-first century industry reached an agreement “that from requires a specific cap on global carbon the 2016 season the catching sector will emissions. Other studies estimate that not expand their Cod fishing activities with emissions from using all the fossil fuels still trawl gear into those areas where regular left in the ground would exceed that cap fishing has not taken place before.” The by three times. agreement was precipitated by an investigation by Greenpeace in March that A study published in the science journal revealed suppliers of cod to major British Nature in January 2015 compared the seafood brands were taking advantage of relative environmental costs of extractive melting Arctic ice to push further north activities in reserve locations around the with fleets of destructive giant bottom world. The purpose was to arrive at a trawlers. The agreement, which spans the scientifically supportable conclusion about whole supply chain and covers an area exactly which reserves should remain twice the size of France, represents the untapped. The results indicate “that all first time the seafood sector has Arctic resources should be classified as voluntarily imposed limitations to unburnable” if the temperature rise is to industrial fishing in the Arctic. Any fishing remain below 2° C. companies operating in these Arctic waters will not be able to sell their cod to Major energy companies such as BP, Eni, the brands supporting this deal, including ExxonMobil, Repos, Shell, and others McDonald’s, Tesco, Birds Eye, Espersen, committed in 2017 to cutting methane Russian group Karat, and Fiskebåt, which emissions from the natural gas assets they represents the entire Norwegian operate around the world. The Guiding oceangoing fishing fleet. Principles are to continually reduce methane emissions, advance strong performance across gas value chains, improve accuracy of methane emissions data, advocate sound policies and

regulations on methane emissions, and slow down the projected rise in energy- increase transparency. The Principles related carbon emissions from an average were developed in collaboration with the of 650 million tons per year since 2000 to Environmental Defense Fund, the around 150 million tons per year in 2040. International Energy Agency (IEA), the The authors argue that this achievement International Gas Union, the Oil and Gas will not be enough to avoid the worst Climate Initiative Climate Investments, the impact of climate change as it would only Rocky Mountain Institute, the Sustainable limit the rise in average global Gas Institute, The Energy and Resources temperatures to 2.7°C by 2100, but a Institute, and United Nations Environment decrease to 2°C could be possible if Programme. policies to accelerate further low carbon technologies and energy efficiency are put The Arctic Oil and Gas Potential in place across all sectors. A widely-cited 2008 report by the U.S. Geological Survey estimates that the Arctic holds 90 billion barrels of oil, 1,669 trillion The federal Outer Continental Shelf Lands cubic feet of natural gas, and 44 billion Act (OCSLA) defines the OCS as all barrels of natural gas liquids, of which submerged lands lying seaward of state approximately 84 percent is expected to coastal waters which are under U.S. occur in offshore areas, where exploration jurisdiction. Under the federal Submerged and development risks and costs greatly Lands Act, most states (including Alaska) exceed onshore counterparts. have title to the adjacent submerged lands out to 3 miles offshore. Under the OCSLA, The International Energy Agency released the secretary of the interior is responsible its World Energy Outlook 2016 on for the administration of mineral November 16, 2016. The report notes that exploration and development of the OCS. major transformations in the global The Act empowers the secretary of interior energy system will take place over the next to grant leases to the highest qualified decades and renewables and natural gas responsible bidder on the basis of sealed will be the big winners in the race to meet competitive bids, and to formulate energy demand growth until 2040. regulations as necessary to carry out the However, a detailed analysis of the Paris provisions of the Act. The Act also provides Agreement finds that the era of fossil fuels guidelines for implementing an OCS oil is not over and will complicate the process and gas exploration and development of reaching ambitious climate goals. program. Implementing current international pledges under the Agreement will only

OCSLA leasing responsibility is delegated followed up with final approval on July 22, to the DOI’s Bureau of Ocean Energy after the supporting resources (two drill Management (BOEM). The statutorily rigs and 30 support vessels) were all on authorized OCSLA leasing program begins scene (a Shell-chartered icebreaker MSV with preparation of five-year leasing plans. Fennica struck a submerged hazard near On March 15, 2016, Secretary Jewell Dutch Harbor in July and had to undergo announced the second proposal, emergency repairs in Portland before the Proposed Program for 2017-2022. joining the Shell fleet in the Chukchi Sea). There were thirteen potential lease sales in four program areas in all or parts of the Shell successfully drilled the Burger J six proposed outer continental shelf exploration well to a depth of 6,800 feet; planning areas. This included ten sales in however, the indications of oil and gas the combined Gulf of Mexico Program were reportedly not sufficient to warrant Area, and one sale each in the Chukchi Sea, further exploration in the prospect. Beaufort Sea, and Cook Inlet Program In late September 2015 Shell announced Areas offshore Alaska. President Obama that it was suspending its Arctic offshore subsequently issued a memorandum to oil exploration program for the remove the Chukchi and Beaufort seas foreseeable future, citing disappointing from the program. results from exploratory well after having

BOEM estimates that the Chukchi Sea spent over $7 billion for exploration and contains between 2 and 40 million barrels leases in the Chukchi Sea. of unproved technically recoverable crude On October 16, 2015, BSEE denied oil and up and 10 to 210 trillion cubic feet “suspension of operations” requests by of unproved technically recoverable Shell and Statoil to extend their natural gas. exploration leases in the Chukchi and

Royal Dutch Shell and Lease Sale 193. Beaufort Sea outer continental shelf areas. Royal Dutch Shell, the main purchaser of As a result, the Beaufort Sea leases were Arctic offshore Alaska drilling leases, had a scheduled to expire starting in 2017, and disappointing 2012 Arctic season, and the Chukchi leases were scheduled to spent 2013 in negotiations with BOEM on expire in 2020. On December 15, Shell filed conditions for a resumption of drilling. It its notice of appeal, seeking to reverse returned to Arctic waters in the summer of BOEM’s decision and preserve its rights 2015. under the lease.

BOEM conditionally approved Shell’s 2015 exploration plan on May 11, 2015, and 89

Obama Withdraws Most of Chukchi and report in March 2015: Arctic Potential, Beaufort Seas from Leasing. Realizing the Promise of U.S. Arctic Oil and Gas Resources. The report notably On December 20, 2016, President Obama concludes that existing technology allows issued a memorandum for the secretary of the safe development of Arctic oil and gas, the interior invoking Section 12(a) of the but U.S. regulatory practices discourage Outer Continental Shelf Lands Act to exploration activity. indefinitely withdraw from future OCS oil and gas leasing nearly all of the Chukchi and Beaufort Seas Planning Areas. He added that “The withdrawal directed by In June of 2015, Exxon and BP suspended this memorandum prevents consideration a joint venture in Canadian Arctic of withdrawn areas for any mineral leasing exploration due to lack of time for test for purposes of exploration, development, drilling before its lease expires in 2020. or production.” The Trump administration Canada’s National Energy Board plans to reopen these areas for leasing, confirmed on December 17, 2014 that however. Chevron withdrew from a hearing on Liberty Island Project. BOEM is deciding Arctic drilling rules after deciding to how to assess the environmental effect of indefinitely shelve plans to drill in the EL a production plan for the Liberty Project by 481 block of Canada’s Beaufort Sea. Hilcorp Alaska LLC. The project entails Chevron reportedly cited economic construction of a 23-acre gravel island in uncertainty, though not directly related to Foggy Island Bay, 15 miles east of Prudhoe the 48 percent decline in oil prices since Bay. The island would serve as a platform June 2014. Chevron was unlikely to drill for five or more extraction wells that could until 2025, so its decision probably reflects tap oil 6 miles from shore in the Beaufort a more long-term assessment of the costs Sea. A successful well would be the first and benefits of its Arctic operations. petroleum production in federal Arctic waters.

National Petroleum Council Report. The Norway’s Statoil finished 2014 amid National Petroleum Council is a federally reports of escalating costs, declining chartered, but privately funded, advisory prices, and disappointing failures. Statoil group established to represent the oil and came up dry in all three Arctic wells drilled gas industry’s view to the federal during its 2014 Barents Sea exploration government. At the request of Secretary of season. Energy Moniz, it produced a thorough

Italian oil company ENI reportedly plans to In September 2015, Russia’s Ministry of move ahead with its plans to drill in the Natural Resources and Environment, Norwegian Arctic, provided Norway Sergei Donskoi, announced that Russia will assents. issue four field licenses to Rosneft, the country’s largest oil producer, and Gazprom for development of the Arctic Russia’s leading resource extraction and Shelf. Donskoi also commented that the development companies, Gazprom ministry had considered suspending (natural gas) and Rosneft (the world’s issuance of licenses but would continue largest publicly-traded petroleum issuing them under Russia’s current company), continue to explore new legislation. resources in the Arctic. To succeed, On Dec. 29, 2015, Gazprom Chairman however, Russia will need access to Alexey Miller underlined his company's Western technology and investment commitment to the Russian Arctic region. funds, and sanctions have impeded access The statement followed news that to both. Gazprom's board of directors had Multilateral sanctions imposed on Russia, approved a $11.8 billion investment Russian companies, and selected Russian program for 2016. Noting Gazprom's individuals following Russia’s 2014 leadership position in the Russian invasion of Ukraine continue to affect petroleum industry, Miller said: "We have Russia’s ability to develop its offshore oil been efficiently developing the and gas resources. Prirazlomnoye field in the Arctic Shelf. In November, the amount of oil output In his November 17, 2015, testimony reached one million [tons] there and this before a House committee, Admiral Papp vividly demonstrates that we operate this reported that “The U.S. is in lockstep with complex and extremely promising region the E.U. and Norway on sanctions that in a productive and safe manner." target, among other things, Russia’s ability to develop resources in its Arctic waters.” Miller was referring to Gazprom Neft’s new that it has brought its second well into Sanctions were expanded in August 2015 production at the Prirazlomnoye field, with to bar transporting certain equipment to output field now up to 1,800 tons per day Gazprom’s Yuzhno-Kirinskoye field. And (up from 300,000 tons/day in 2014). The Rosneft postponed drilling a second well in Prirazlomnoye field is located in the the Kara Sea until 2018, because sanctions Pechora Sea, 30 nautical miles from shore. have reportedly prevented access to equipment and funding.

The APC approvals for both providers were due to expire on December 31, 2015, but were extended through 2017. This, despite U.S. Vessel Response Plan concerns over lack of response capability Requirements. On September 30, 2013, in the region raised by the co-chairs of the Coast Guard promulgated its final rule Alaska’s Arctic Policy Committee, Sen. Lesil on Nontank Vessel Response Plans McGuire and Rep. Bob Herron, in their (NTVRPs), 78 Fed. Reg. 60,100. The rule testimony to the U.S. Senate Energy and entered into effect on January 30, 2014. Natural Resources Committee on March 5, Foreign vessels in innocent passage 2015. through the U.S. territorial sea or transit passage through an international strait in In December 2016, the Coast Guard U.S. waters (e.g., Unimak Pass, which some temporarily suspended promulgation of 3,000 vessels transit each year) are the Alternative Planning Criteria National exempt. On December 20, 2013, the Coast Guidelines in order to re-open the public Guard granted a temporary Alternative comment period for an additional 90 days. Planning Criteria (APC) request by the Alaska Maritime Prevention & Response Network for the waters of the Western Alaska Captain of the Port region. Scientific Cooperation Between China,

In May 2015, the Coast Guard approved a Japan, and Korea. The three observers to second APC service provider for a limited the Arctic Council met in June 2017 and area of Western Alaska. Resolve Marine agreed to strengthen cooperation on Group and National Response environmental protection and scientific Corporation (NRC) partnered to form 1 research in the Arctic. The meeting was Call-Alaska. The new provider’s coverage is the second of its kind following the first limited to the northern Pacific great circle gathering of the three states in Seoul in route and to nontank vessels transiting April 2016. The countries issued a joint through the Aleutian Islands. This second statement after the meeting, noting that it APC approval raised concerns that is “indispensable for the international competition between service providers community to ensure the protection and will provoke a “race to the bottom,” and preservation of the fragile marine discourage the investment necessary for environment of the Arctic Ocean, and the region to meet the more demanding maintain peace, stability and constructive National Planning Criteria for vessel spill cooperation based on a rule-based response plans. maritime order.”

U.S.-led Scientific Mission. The U.S Scientific Meetings National Ice Center (USNIC) collaborated with the Office of Naval Research, Office of The Fifth Meeting of Scientific Experts on the Oceanographer of the Navy, the Fish Stocks in the Central Arctic Ocean was Danish Joint Arctic Command, held in Ottawa, Canada from October 24- Environmental and Climate Change 26, 2017. Canada, and the University of Washington The 2017 Arctic Science Summit was held to deploy buoys into the Arctic Ocean in in Prague, Czech Republic from March 31- September 2017. The joint mission was April 7, 2017. conducted to collect weather and oceanographic data to enhance Assessments and Studies forecasting and environmental models thereby reducing operational risk for The ongoing Sea State and Boundary assets in the Arctic. Layer Physics of the Emerging Arctic Ocean study, an Office of Naval Research A March 22, 2016 research paper Departmental Research Initiative (DRI) published in Atmospheric Chemistry and chaired by Dr. Jim Thomson of the UW Physics raises the possibility of a more Applied Physics Laboratory, seeks to rapid rate of sea level rise in this century identify factors affecting the spatial and than previously forecast by the U.N.’s temporal variability of sea state, and Intergovernmental Panel on Climate improve forecasting of waves on the open Change, whose research is regarded as a ocean and in the marginal ice zone. gold standard in climate research but at the same time has also been criticized for In launching the initiative, ONR noted that being too conservative. there remain fundamental gaps in our knowledge of the physical environment According to Hansen, the increased and processes, interactions and feedbacks melting could lead to a number of climate that are critical to understanding the change “feedbacks” that could slow down seasonal evolution of sea ice and the effect and eventually shut down the oceans’ of increasing open water on the ice and on circulation, stratify the polar seas with the atmosphere, at the Arctic to warmer waters trapped below cold hemispheric scale. surface layers, increase the temperature difference between low and high latitudes, Ocean Acidification. Ocean acidification and generate increasingly powerful is particularly acute in polar waters. The storms. Arctic Monitoring and Assessment Program, an Arctic Council Working

Group, commissioned a three-year study 93

of Arctic waters acidification. The report For 2013 through 2018 the IWC has (Arctic Ocean Acidification Assessment) authorized Alaskan and Chukotka native was released on May 6, 2013. AMAP whalers to land up to 336 whales to meet released an overview report in March subsistence needs. 2014. On July 31, 2015, the European Union A study released in the June 2015 issue of formally approved the Government of Oceanography revealed that the Chukchi Nunavut as a Recognized Body under the and Beaufort seas could reach Indigenous Communities Exemption of acidification levels that threaten the entire the EU Seal Regime, which means that the marine ecosystem as early as 2030. The Government of Nunavut will be able to authors concluded by warning that, “This certify sealskins as having been harvested region provides unique insights into how according to the rules of the exemption. the global ocean will respond to human The EU seal ban issue had previously been activities, and it is out best hope for cited by Canada as the reason for their developing the understanding that will be objection to EU Observer status at the needed to mitigate and adapt to what will Arctic Council. be our new, modern ocean environment.”

Inuit leaders attended the COP21 climate change conference in Paris. Vice President The Arctic region is home to thirty different of the Inuit Circumpolar Council-Canada Indigenous groups and four million Herb Nakimayak, Nanavut Premier Peter residents. The Arctic Council has granted Taptuna, and Nunavut MP Hunter Tootoo Permanent Participant status to six Arctic of the federal fisheries ministry attended Indigenous communities. the summit as part of the Canadian delegation. Additionally, the Joint Arctic In May 2016, Canada announced it will Peoples delegation to Paris was headed by fully support the 2007 United Nations ICC’s international chair Okalik Eegeesiak Declaration on the Rights of Indigenous and holds observer status at the Peoples (UNDRIP). In 2010, President Conference. The Inuit hoped to see Obama issued a statement of support, support for Inuit adaption and mitigation while emphasizing that it is “not legally efforts, use of native knowledge in binding or a statement of current decision making and creation of global international law.” financing to support Indigenous peoples to monitor and battle climate change. The International Whaling Commission (IWC) establishes aboriginal catch limits.

On October 25, 2016 IMO Secretary- organization, has over 4,500 civilian General Kitack Lim received a delegation members. of Arctic Indigenous leaders at IMO headquarters in London. In this It is too early to predict how the Trudeau’s unprecedented meeting, the delegates national security policy might differ from discussed a wide range of issues, including those of the Harper government, but the their concerns regarding the impacts of immediate withdrawal of Canadian Arctic shipping on Indigenous military forces from Syria and Iraq may communities. The group hopes to achieve foreshadow a more isolationist posture. permanent status for Indigenous Vessel procurement requirements for the communities in this international forum in Royal Canadian Navy and Canadian Coast order to be party to decisions that will Guard are consolidated in the National increasingly affect their livelihoods. Shipbuilding Procurement Strategy. In 2011, the government awarded a $25 billion contract to build six to eight Arctic Offshore Patrol Ships as well as fifteen When the Arctic Council was established in other warships for the RCN over the next 1996, the founding states elected not to two decades. The Canadian Press reported include military security issues in the on September 3, 2014 that the Arctic ship council’s mandate. 2 Some have argued order was on time and under budget. By that the decision to exclude security issues December, however, the Canadian should be reconsidered. Parliamentary Budget Office estimated Recommendations include a complete de- that only four ships would be built, with a militarization of the Arctic (as is the case 50 percent chance of on-time delivery. with Antarctica) and declaring the Arctic region to be a nuclear-weapons-free zone. Canada announced in August 2014 plans to develop a series of Northern Operations Hubs, “to facilitate initial rapid deployment Canada is a charter member of NATO. Its and up to 30 days sustained operations in armed forces number 68,000 active and the North.” The hubs are expected to be 7,000 reserves. In addition, the Canadian operational by 2018 in Iqaluit, Yellowknife, Coast Guard, a civilian, non-paramilitary Resolute Bay, and Inuvik. Canada also

2 The Council’s Charter states that “The Arctic military security.” Ottawa Declaration, page 1, note Council should not deal with matters related to 1.

conducted a Canadian Armed Forces Joint the alliance, which could lead to an Arctic Experiment that tested unmanned increased focus on Arctic security. A technology in Arctic conditions. communique from the summit states: “In the North Atlantic, as elsewhere, the Alliance will be ready to deter and defend Finland, which has adopted a non- against any potential threats, including alignment policy, is not a member of against sea lines of communication and NATO; however, NATO and Finland actively maritime approaches of NATO territory.” cooperate on peace and security In March 2016, Norway led the largest operations. Finnish and international iteration of Exercise Cold Response to concerns were raised in late 2014, when date. Approximately 16,000 troops from Russia reopened its Cold War era military thirteen NATO Allies and partners worked base in Alakurtti, less than forty miles from through a ten-day exercise in the Arctic the Finnish border. In early June of 2015, under subzero conditions. The exercise rumors circulated that Finland’s new tests the troops’ ability to move and fight government was exploring the possibility together against a common enemy. of joining NATO. Finland’s military Canadian Forces also held Exercise Arctic numbers 35,000 standing armed forces Ram 2016, which simulated securing a and 900,000 reserves. crashed satellite with sensitive information near Resolute Bay, in Nunavut, Canada. The North Atlantic Treaty Organization, established by the Atlantic Treaty of 1949, now includes twenty-eight member-states. Norway is a charter member of NATO. Its Article V of the treaty states that if an armed forces number 26,200 active and armed attack occurs against one of the 56,200 reserves. The Russian member-states, it should be considered an announcement that it will soon add a attack against all members, and other marine brigade to its Northern Fleet and members shall assist the attacked station those marines near Pechenga member, with armed forces if necessary. (Murmansk Oblast)—just 9 miles from the Norwegian border—raised concerns in At the July 2016 NATO summit in Warsaw, Norway. Poland, the alliance officially acknowledged Russia’s “aggressive At the CSIS forum described in Section III.I actions, including provocative military above, Norway’s Foreign Minister Børge activities in the periphery of NATO Brende expressed Norway’s grave concern territory” as putting Moscow at odds with with Russia’s violations of international 96

law, which has created a “new security On December 26, 2014, President Putin environment in Europe,” Brende observed signed the revised Russian Military that Norway was compelled to impose Doctrine (official Russian language sanctions and suspend military document). After characterizing NATO as a cooperation, but would continue to major threat to Russia’s security, for the cooperate with Russia on fisheries, first time ever the doctrine named the maritime safety, nuclear safety and protection of national interests in the environmental protection. Arctic among the main priorities for Russian armed forces in times of peace.

Russia established its Arctic Command in In 2016, much was written about the 2014, to coordinate all military activities in nature and extent of the security threat the region. On “Navy Day” in July 2015, posed by a resurgent Russian Federation Russia announced a new naval doctrine (in under President Vladimir Putin. The Russian), in which the Arctic plays a central adjacent Baltic States were among the role. Russia’s Northern Fleet now most outspoken. This map, posted on comprises two-thirds of the nation’s navy. Twitter by Agnia Grigas, depicts the That fleet will soon be reinforced with a growing Russian military footprint in the marine brigade stationed near Pechenga Arctic. (9 miles from the Norwegian border). In January 2015, Russia reopened its military installation in Alakurtti, 60 kilometers from the border of Finland.

Russia increased its military budget by nearly $11 billion from 2014 to 2015. It has announced its intent to modernize 70 percent of its military by 2020.

Russian General Valery Gerasimov stated that in 2015, the Defense Ministry will

focus on increasing combat capabilities The Nagurskoye base in Franz Josef Land with a focus on the Arctic. Moscow is in the was completed in 2017 and is said to be process of construction of ten Arctic the largest building in the entire search and rescue stations, sixteen deep circumpolar high Arctic. water ports, thirteen airfields, and ten air- defense radar stations.

On December 9, 2015, Russia deployed an expressed concern about Russia’s S-300 equipped air defense missile activities, stating that the country is regiment on the Novaya Zemlya islands. “threatening the security and prosperity of the Arctic and Northern Europe by Mark Ferguson, commander of the U.S. assertively deploying its military power, Navy in Europe and Africa and head of patrolling its neighbors' coastlines both NATO’s joint force command in Naples, above and below water, and building or stated that Russia’s “arc of steel” from the reopening numerous military outposts Arctic to the Mediterranean is evidence of across the region.” Alaska’s freshman the country’s remilitarization. Russia Senator Dan Sullivan has repeatedly maintains 20-30 icebreaking ships, and it voiced his concerns about Russia’s military opened a specialized Arctic rescue center activities in the Arctic. for emergencies in its Murmansk port in In April 2016, Russian submarine launched mid-October 2015. its Kalibr missile from the Barents Sea less Commenting on Russia’s militarization of than 24 hours after deputy head of the the Arctic, Admiral Robert Papp, the U.S. Federation Council’s Committee for Special Representative for the Arctic, Defense and Security threatened Sweden commented that “The problem is less due that Russia will deploy more missiles to its to the military buildup than the buildup of northern regions if Sweden enters NATO. rhetoric…President Putin and his The Northern Fleet conducted 4,700 associates, their rhetoric about how exercises in 2017, more than half of which important the Arctic is to them and their included combat training with the use of need to defend it is not useful to the type weapons. The same level of intensity is of cooperative efforts we would like to do planned for 2018. According to Northern within the Arctic.” Fleet Commander Yevmenov, a total of Admiral Paul Zukunft, Commandant of the sixty-eight surface vessels and submarines U.S. Coast Guard, commented on Russia’s were involved in a total of 669 training buildup of capability in the Arctic, noting operations at sea. A total of 213 of the that his concern stems from the “complete operations included shooting of missiles. lack of transparency” in the process. In 2016-2020, the Russian Ministry of Defense will focus on the development Senator McCain visited the Arctic in 2015 and explained in a Wall Street Journal Op- of military infrastructure in the Arctic ed that Russia’s rush to nationalize and region and on the Kuril Islands. control waterways in the Arctic Ocean raises issues of commercial shipping, military, and intelligence. McCain 98

Sweden has declared itself a neutralized VI. UNIVERSITY OF state and therefore not a member of WASHINGTON ALPI NEW NATO. However, reports circulated this DEVELOPMENTS year that Sweden was considering becoming a member of NATO if Finland also decided to join. The Swedish Armed UW Arctic Law and Policy Institute (ALPI) Forces number 20,000 active, 12,000 Director Professor Craig H. Allen reserve and 22,000 Home Guard. continued to serve as a Research Fellow in the U.S. Coast Guard’s Center for Arctic Study and Policy and was also appointed The United States is a charter member of to the National Maritime Security Advisory NATO. Its armed forces (not including the Committee. Malina Dumas (UW Law ’18), a Coast Guard) number 1.3 million active FLAS-sponsored student in Inuktitut, was and 850,000 reserve. reappointed a Hazelton Fellow for a second year, to assist in compiling this The FY2016 National Defense Year in Review. Authorization Act (NDAA) required the secretary of defense to develop a new VII. SELECTED military strategy to respond to Russia's CONFERENCES growing military presence in the Arctic. Section Act 1054 of the FY2018 NDAA The 11th Arctic Frontiers conference was requires the Secretary of Defense to held in Tromsø, Norway from January 22- submit a report to Congress on the 27, 2017. The focus of the 2017 department’s capability and resource gaps conference, “White Space — Blue Future,” and required infrastructure, including was on oceans and speakers discussed the specific sections on infrastructure in the lack of knowledge about the Arctic Ocean, Arctic to protect national security, and also the processes occurring under the Arctic requests a review of Navy capabilities in ice, changes in the Arctic's ecosystems the Arctic region under section 1065. and its impact on the fishing industry, Section 1233 provides a perspective on among other topics. European security and notes that Russia continues to pose a threat, with one The Fourth Arctic Encounter Symposium supporting factor being the country’s was held in Seattle from April 13-14, 2017. increasing military activity in the Arctic Speakers included U.S. Senator Lisa region. Murkowski, former Prime Minister of Greenland and current member of the Danish Parliament Aleqa Hammond, 99

Ambassadors from Iceland and Norway, and Russia in the Arctic,” which convened members of Congress, and prominent over 500 individuals representing members of the scientific and business commercial, environmental, indigenous, communities. governmental, and academic interests.

The 2017 Arctic Energy Summit was held in The Ecosystem Studies of Sub-Arctic Helsinki, Finland from September 18-20. Seas (ESSAS) Annual Science Meeting The Summit addressed energy in the Arctic Symposium on was held in Tromsø, as it relates to small and off-grid Norway from June 11-15, 2017. The overall community energy solutions, oil and gas theme of the meeting was “Moving In, Out, development, renewable energy, and Across Arctic and Subarctic Marine regulation and financing, and Ecosystems: Shifting Boundaries of Water, transportation and transmission. Ice, Flora, Fauna, People and Institutions.” The Tenth Polar Law Symposium was held The U.S. National Ice Center and the U.S. in Rovaniemi, Finland from November 13- Arctic Research Commission hosted the 14, 2017. The theme of this year’s 7th Symposium on the Impacts of an symposium was “Global and Local Ice-Diminishing Arctic on Naval and Governance of the Poles: Law, Policy and Maritime Operations, July 18-20, at the the Promotion of Cooperation.” U.S. Navy Memorial & Naval Heritage Center, in Washington, D.C. The annual Northern Premiers Forum took place in Yellowknife in August 2017. , Peter The 2017 Arctic Circle Assembly Taptuna of Nunavut, Bob McLeod of the convened from October 13-15, 2017 in Northwest Territories, and Sandy Silver of Reykjavik. The Arctic Circle highlights Yukon sent a message that they want issues and concerns, programs, policies more involvement in federal decisions that and projects; it provides platforms for affect them, criticizing a number of recent dynamic dialogue and constructive policy moves. The leaders also indicated cooperation. While the plenary sessions that they want to make industry are the responsibility of the Arctic Circle, investment in their territories more the breakout sessions are organized by attractive rather than increase “regulatory various participating partners in their own complexity or uncertainty” and requested name and with full authority over the more financial support for infrastructure. agenda and the choice of speakers. Nunavut plans to host the 2018 Northern Premiers’ Forum. On June 21, 2017, the Wilson Center convened the Arctic Circle Forum event in The University of Washington’s Arctic Law Washington, DC titled “The United States and Policy Institute (ALPI) is a

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collaborative, university-based, multidisciplinary think tank chartered to provide objective analysis of selected law and policy issues related to Arctic marine science, governance, pollution prevention and response, safety of navigation, conservation and management of natural resources and measures to ensure a healthy and sustainable future for Arctic peoples.

Readers are encouraged to report new developments for inclusion in future end- of-year reviews by writing to the Institute at: [email protected].

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