Some Icelandic Perspectives on the Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean

This paper reflects on several aspects of the Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean from the standpoint of Iceland, prior to, during and at the conclusion of the negotiations of the Agreement in late 2017. Particular reference is made to UNCLOS and coastal State interests, status of knowledge on the fish stocks and the importance of scientific cooperation which the Agreement facilitates. During the years 2008–2015, the so-called Arctic Five consulted on cooperation in Arctic matters including future management of fisheries in the central Arctic Ocean. These rather exclusive cooperative efforts were criticised by Iceland and other States that felt these matters were to be dealt with in a broader international context. It seems evident that Iceland’s desire to become a full participant in the process during the subsequent years was both based on legal arguments as well as fair and natural geopolitical reasons. Iceland became a participant in the negotiations in December 2015. The final version of the Agreement is a fully fledged platform for coordinating scientific research and it even allows for interim management measures until future regional management framework is in place. In essence, the Agreement can be taken as a regional fisheries management arrangement (RFMA), since most elements of relevance are incorporated in accordance with the 1995 UN Fish Stocks Agreement. The opening of the central Arctic Ocean for fishing is not likely to take place in the nearest future, although the development of sea ice retreat is currently faster than earlier anticipated. While the Agreement is today regarded as being historic due to its precautionary approach, future may prove that it was a timely arrangement in a fast-moving world with dramatic changes taking place in the Arctic Ocean.

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Spatial distribution of benthic macrofauna in the Central Arctic Ocean

10.1101/353060 ◽

2018 ◽

Author(s):

Andrey Vedenin ◽

Manuela Gusky ◽

Andrey Gebruk ◽

Antonina Kremenetskaia ◽

Elena Rybakova ◽

...

Keyword(s):

Arctic Ocean ◽

Community Composition ◽

Benthic Communities ◽

The Arctic ◽

Depth Range ◽

Central Arctic Ocean ◽

Ice Retreat ◽

Arctic Change ◽

Depth Ranges ◽

Sea Ice Retreat

AbstractPermanent ice coverage and the low primary production in the mostly ice-covered Central Arctic ocean basins result in significantly lower biomass and density of macrobenthos in the abyssal plains compared to the continental slopes. However, little is known on bathymetric and regional effects on macrobenthos diversity. This study synthesizes new and available macrobenthos data to provide a baseline for future studies of the effects of Arctic change on macrofauna community composition in the Arctic basins. Samples taken during three expeditions (in 1993, 2012 and 2015) at 37 stations on the slope of the Barents and Laptev Seas and in the abyssal of the Nansen and Amundsen Basins in the depth range from 38 m to 4381 m were used for a quantitative analysis of species composition, abundance and biomass. Benthic communities clustered in five depth ranges across the slope and basin. A parabolic pattern of species diversity change with depth was found, with the diversity maximum for macrofauna at the shelf edge at depths of 100-300 m. This deviates from the typical species richness peak at mid-slope depths of 1500-3000 m in temperate oceans. Due to the limited availability of standardized benthos data, it remains difficult to assess the massive sea ice retreat observed in the past decade has affected benthic community composition. The polychaete Ymerana pteropoda and the bryozoan Nolella sp. were found for the first time in the deep Nansen and Amundsen Basins, as a potential first sign of increasing productivity and carbon flux with the thinning ice.

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Arctic Ocean Management and Indigenous Peoples: Recent Legal Developments

The Yearbook of Polar Law Online ◽

10.1163/22116427_011010007 ◽

2020 ◽

Vol 11 (1) ◽

pp. 81-120

Author(s):

Nigel Bankes

Keyword(s):

Arctic Ocean ◽

Indigenous Peoples ◽

The Arctic ◽

Scientific Cooperation ◽

Arctic Council ◽

Central Arctic Ocean ◽

Polar Code ◽

Ocean Management ◽

Marine Areas ◽

Maritime Search And Rescue

This article examines recent legal developments in the management of human activities in Arctic marine areas and considers the extent to which these developments acknowledge or recognize the rights, roles and interests of Arctic Indigenous peoples. These developments include the negotiation of three treaties under the auspices of the Arctic Council: the Agreement on Cooperation on Aeronautical and Maritime Search and Rescue in the Arctic, (Arctic SAR Agreement), the Agreement on Cooperation on Marine Oil Spill Preparedness and Response in the Arctic (Arctic MOSPA), and the Agreement on Enhancing International Arctic Scientific Cooperation (Arctic Science Agreement), the adoption of the Polar Code by the International Maritime Organization (IMO), and, most recently, the signature of the Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean (the CAOF Agreement). It also examines more recent practice under the Agreement on the Conservation of Polar Bears (ACPB).

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Contributions of advection and melting processes to the decline in sea ice in the Pacific sector of the Arctic Ocean

The Cryosphere ◽

10.5194/tc-13-1423-2019 ◽

2019 ◽

Vol 13 (5) ◽

pp. 1423-1439 ◽

Cited By ~ 2

Author(s):

Haibo Bi ◽

Qinghua Yang ◽

Xi Liang ◽

Liang Zhang ◽

Yunhe Wang ◽

...

Keyword(s):

Sea Ice ◽

Arctic Ocean ◽

Melting Process ◽

The Arctic ◽

Positive Trend ◽

The Pacific ◽

The Arctic Ocean ◽

Ice Retreat ◽

The Mean ◽

Sea Ice Retreat

Abstract. The Pacific sector of the Arctic Ocean (PA, hereafter) is a region sensitive to climate change. Given the alarming changes in sea ice cover during recent years, knowledge of sea ice loss with respect to ice advection and melting processes has become critical. With satellite-derived products from the National Snow and Ice Center (NSIDC), a 38-year record (1979–2016) of the loss in sea ice area in summer within the Pacific-Arctic (PA) sector due to the two processes is obtained. The average sea ice outflow from the PA to the Atlantic-Arctic (AA) Ocean during the summer season (June–September) reaches 0.173×106 km2, which corresponds to approximately 34 % of the mean annual export (October to September). Over the investigated period, a positive trend of 0.004×106 km2 yr−1 is also observed for the outflow field in summer. The mean estimate of sea ice retreat within the PA associated with summer melting is 1.66×106 km2, with a positive trend of 0.053×106 km2 yr−1. As a result, the increasing trends of ice retreat caused by outflow and melting together contribute to a stronger decrease in sea ice coverage within the PA (0.057×106 km2 yr−1) in summer. In percentage terms, the melting process accounts for 90.4 % of the sea ice retreat in the PA in summer, whereas the remaining 9.6 % is explained by the outflow process, on average. Moreover, our analysis suggests that the connections are relatively strong (R=0.63), moderate (R=-0.46), and weak (R=-0.24) between retreat of sea ice and the winds associated with the dipole anomaly (DA), North Atlantic Oscillation (NAO), and Arctic Oscillation (AO), respectively. The DA participates by impacting both the advection (R=0.74) and melting (R=0.55) processes, whereas the NAO affects the melting process (R=-0.46).

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Fisheries Enforcement on the High Seas of the Arctic Ocean: Gaps, Solutions and the Potential Contribution of the European Union and Its Member States

The International Journal of Marine and Coastal Law ◽

10.1163/15718085-13320002 ◽

2018 ◽

Vol 33 (2) ◽

pp. 324-360 ◽

Cited By ~ 1

Author(s):

Efthymios Papastavridis

Keyword(s):

Arctic Ocean ◽

The Arctic ◽

Commercial Fishing ◽

Potential Contribution ◽

The European Union ◽

Fishing Activity ◽

Central Arctic Ocean ◽

The North ◽

Opening Up ◽

High Seas

Abstract Although there is no fishing activity within the central Arctic Ocean at present, commercial fishing activity does occur in the high seas areas of the North Atlantic and North Pacific, and within the exclusive economic zone of the Arctic coastal States. Climate change will most probably lead to an increase in fishing activity, through the reduction in sea ice, opening up new areas of the Arctic to fisheries, including the Central Arctic Ocean. This prospect has fuelled intensive negotiations—still ongoing—for the signing of a legally binding agreement to prevent unregulated fisheries therein. What seems missing, though, from both the ongoing negotiations on this agreement and the scholarly literature is reference to fisheries enforcement in the Arctic. Accordingly, this article identifies the most effective tools that could be employed for fisheries enforcement purposes, including port and flag State measures, and addresses their potential application in the Arctic.

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Warm Waters and Cold Shoulders: Jostling for Jurisdiction in Polar Oceans

The Yearbook of Polar Law Online ◽

10.1163/22116427-91000023 ◽

2009 ◽

Vol 1 (1) ◽

pp. 465-476 ◽

Cited By ~ 1

Author(s):

Rosemary Rayfuse

Keyword(s):

Arctic Ocean ◽

International Community ◽

The Arctic ◽

Legal Basis ◽

Legal Regime ◽

Central Arctic Ocean ◽

The Arctic Ocean ◽

Polar Oceans ◽

Ocean Ecosystem ◽

High Seas

Abstract In May 2008 the five Arctic coastal states adopted the Ilullisat Declaration in which they asserted their role as stewards, for the international community, of the Arctic Ocean ecosystem. This paper discusses the legal basis for their claim to stewardship with particular reference to the high seas portion of the central Arctic Ocean, and their assertion that no need exists for a new comprehensive legal regime in respect of those high seas waters. It is argued that while the high seas regime of the Arctic may be extensive, it is not comprehensive. Thus, the legitimacy of the claim to stewardship rests on the willingness and ability of the Arctic coastal states to work to fill the lacunae and address the shortcomings in the legal regime for the high seas of the central Arctic Ocean.

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Fisheries Enforcement on the High Seas of the Arctic Ocean: Gaps, Solutions and the Potential Contribution of the European Union and its Member States

10.31230/osf.io/gzvym ◽

2018 ◽

Author(s):

Efthymios Papastavridis

Keyword(s):

Arctic Ocean ◽

The Arctic ◽

Commercial Fishing ◽

Potential Contribution ◽

The European Union ◽

Fishing Activity ◽

Central Arctic Ocean ◽

The North ◽

Opening Up ◽

High Seas

Although there is no fishing activity within the central Arctic Ocean at present, commercial fishing activity does occur in the high seas areas of the North Atlantic and North Pacific, and within the exclusive economic zone of the Arctic coastal States. Climate change will most probably lead to an increase in fishing activity, through the reduction in sea ice, opening up new areas of the Arctic to fisheries, including the Central Arctic Ocean. This prospect has fuelled intensive negotiations - still ongoing - for the signing of a legally binding agreement to prevent unregulated fisheries therein. What seems missing, though, from both the ongoing negotiations on this agreement and the scholarly literature is reference to fisheries enforcement in the Arctic. Accordingly, this article identifies the most effective tools that could be employed for fisheries enforcement purposes, including port and flag State measures, and addresses their potential application in the Arctic.

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Utilizing existing legal frameworks to implement fisheries management in the arctic

10.31230/osf.io/hrb8g ◽

2018 ◽

Author(s):

OCTO

Keyword(s):

Arctic Ocean ◽

International Law ◽

Fisheries Management ◽

Scientific Evidence ◽

The United States ◽

The Arctic ◽

Commercial Fishing ◽

Central Arctic Ocean ◽

Legal Frameworks ◽

High Seas

As climate change contributes to accelerated melting of sea ice in the Arctic Ocean, areas that were previously off-limits to fishing will become accessible. While there are currently no internationally-agreed fishing regulations in the high seas of the Arctic, there is an effective moratorium on commercial fishing thanks to the non-binding “Oslo Declaration” (Declaration concerning the Prevention of Unregulated High Seas Fishing in the Central Arctic Ocean, from July 2015). The author investigates existing legal mechanisms which could be used to regulate an international Arctic fishery should commercial fishing begin.Currently, the Arctic Five (Canada, Denmark/Greenland, Norway, the Russian Federation, and the United States) plus Five (Iceland, the EU, China, South Korea, and Japan) are negotiating an agreement for fisheries management in the Central Arctic Ocean. The draft text, which has not reached consensus yet*, surprisingly does not seek to establish a regional fisheries management organization for this area. But, the Arctic 5 + 5 have agreed “to continue the moratorium on fishing on the high seas of Central Arctic until there is scientific evidence concerning sustainable fishing in the area.”The draft agreement further states, “the parties shall take measures consistent with international law to deter the activities of vessels entitled to fly the flags of non-parties that undermine the effective implementation of this Agreement.” But what measures ‘consistent with international law’ could member states adopt?

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United States Reaches Agreement to Limit Arctic Fishing

The American Journal of International Law ◽

10.1017/ajil.2018.32 ◽

2018 ◽

Vol 112 (2) ◽

pp. 313-315

Keyword(s):

United States ◽

Arctic Ocean ◽

The United States ◽

The Arctic ◽

Commercial Fishing ◽

The European Union ◽

Central Arctic Ocean ◽

Precautionary Approach ◽

Near Future ◽

High Seas

On November 30, 2017, the United States concluded negotiations on an agreement to limit fishing in the Arctic, titled the Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean. Delegations from the European Union and nine countries—Canada, China, Denmark with regard to Greenland and the Faroe Islands, Iceland, Japan, Norway, Russia, South Korea, and the United States—participated in the negotiations, which began in December of 2015. According to a statement made by the U.S. State Department: The Agreement will prevent unregulated commercial fishing in the high seas portion of the central Arctic Ocean, an area that is roughly 2.8 million square kilometers in size, roughly the size of the Mediterranean Sea. Commercial fishing has never been known to occur in this area, nor is it likely to occur in the near future. However, given the changing conditions of the Arctic Ocean, the governments in question developed this Agreement in accordance with the precautionary approach to fisheries management.

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The central Arctic Ocean-preventing another tragedy of the commons

Polar Record ◽

10.1017/s003224741600067x ◽

2016 ◽

Vol 53 (1) ◽

pp. 43-51 ◽

Cited By ~ 2

Author(s):

Andrew J. Norris ◽

Patrick McKinley

Keyword(s):

Arctic Ocean ◽

Arctic Sea Ice ◽

The Arctic ◽

Regulatory Body ◽

Commercial Fishing ◽

Central Arctic Ocean ◽

Fisheries Governance ◽

Fish Stocks ◽

The Commons ◽

Arctic Fish

ABSTRACTArctic sea ice is melting, slowly but inexorably. As the ice disappears, mankind will be afforded access to regions and activities, including commercial fishing, that have been inaccessible for our entire recorded history. There is currently no regulatory body or mechanism in the high seas Arctic (also referred to as the central Arctic Ocean) to conserve and manage fish stocks, the distribution and concentration of which are poorly understood, and that might be the target of commercial fisheries. This article examines the extent and nature of ice recession in the Arctic, and its likely effect on the accessibility of central Arctic ocean fisheries to commercial exploitation. It then discusses what is known of Arctic fish stocks, both those already extant, and those that might become established or enhanced as a result of changing environmental conditions. It examines international regimes for managing fish stocks that exist either in whole or in part in global maritime commons, and existing fisheries governance mechanisms in the Arctic, and finds them to be lacking. Finally, using the Bering Sea Arctic pollock stock collapse case study as a historical analogue, this article contends that the time is now for putting in place a regional fisheries management organisation to manage and conserve central Arctic Ocean fish stocks.

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