Thank you for the invitation to join you today for 10 minutes of speaking fame and also, hopefully, for some discussion.
Canada and the future of the Arctic Ocean governance is the focus of my initial comments. One overarching image I think really captures where we are, and that's a sea of challenges. You as a committee, over the last number of months, have been looking at many of those challenges, but I thought it might be helpful to give you my top-10 list of what I look at as foreign policy challenges for the Arctic relating to the Arctic Ocean. I could give you 20, but I only have 10 minutes so I'll keep it to 10.
First is completing the negotiation of an effective mandatory polar shipping code. As you are all aware, since 2009, with the International Maritime Organization, there have been negotiations ongoing for the code. There's a lot of debate and battles going on over many issues. What should be the construction standards for icebreaking and ice-strengthening capabilities in the Arctic? Should the Canadian zoning system be expanded perhaps across the Arctic, where we have an entry/no entry kind of zoning system? Could that be made more broadly across the Arctic? What should be the training requirements for ice navigators in terms of classroom and practical training? And, of course, how strict should environmental discharge standards be?
If we look at the Antarctic, it's a zero discharge for oil, a zero discharge for hazardous, noxious substances, a zero discharge for garbage, except for food waste beyond 12 nautical miles from the nearest land or ice shelf. Should we move in the same direction perhaps for the Arctic? What about sewage from passenger ships? It's really a very weak standard internationally now under the MARPOL Convention, the International Convention for the Prevention of Pollution From Ships, where you can actually dispose of raw sewage beyond 12 nautical miles under that convention.
The second challenge I would flag is addressing governance issues in the central Arctic Ocean beyond national jurisdiction. I think you're all aware of the “doughnut hole” and you've had other testimony on the central Arctic Ocean “doughnut hole” beyond national jurisdiction, an area of some 2.8 million square kilometres. As you've already heard, it's not a lawless area. You have the 1982 Law of the Sea Convention applying. It does provide freedoms of navigation, and freedom of fishing for other states like Japan, Korea, China, down the road if they so desire to exercise those freedoms, but of course they have responsibilities, such as to protect and preserve the marine environment, and to cooperate with other states in protecting the marine environment.
In my view, Arctic states do have to pay more attention, turn their minds much more to the governance of the area beyond national jurisdiction. What future do Arctic states foresee: commercialization, conservation, a mix? What about the indigenous communities around the Arctic, what's their future vision? I don't think we've really heard that yet as far as I'm aware.
What additional governance initiatives should be considered? You have a wide array in the academic literature, all the way from calling a precautionary moratorium until we have more ecosystem scientific knowledge, before we ever open up to commercial fisheries. There's been discussion perhaps of the need for a new scientific body, or perhaps an existing scientific body, to promote research in that area, and perhaps a whole new regional fisheries management organization for that area of the ocean. Personally, I don't think we're there for a regional fisheries management organization. Some of the leading scientists suggest that it will be probably quite a long time, if ever, before we get the commercial fisheries moving into the central Arctic Ocean because of low productivity, but again that's something to be aware of.
The third challenge is ensuring adequate infrastructure to support future Arctic shipping and sustainable development in the region. I might sound like a broken record, because when I read your testimony again, and again, and again, that's been hammered home to this committee, and I would just hammer it home one more time. There's the whole need for adequate charting. Less than 10% of our marine waters are adequately charted in the Arctic. There's a need for sufficient port and waste reception facilities, a need for appropriate navigational aids and communication services, a need for available icebreaking assistance, and a need for adequate pollution emergency response equipment, but also personnel. We certainly are not ready for a major incident in search and rescue in the Arctic any time soon.
Again, I just come back to John Crump's point. We have this new agreement on oil pollution response, but again it's problematic. You go through the draft, it has a real kind of cop-out clause, you might say, that countries will only implement it according to their capabilities and their relevant resources.
Again, there is a worry here about taking the paper and actually making it into a practice.
The fourth major challenge is identifying and protecting ecologically and culturally significant areas in the Arctic. This was flagged as a priority in the “Arctic Marine Shipping Assessment” in 2009 and, if we look at the Arctic, there is really rudimentary, hardly any mandatory or even voluntary vessel traffic routing in the Arctic. You can go off northern Norway. They are the leaders. They have a whole system of routing off the northern coast of Norway where the large tankers and cargo ships over 5,000 tonnes undertaking international voyage are supposed to stay 30 nautical miles off the coast in order to protect communities along the way, and they also have traffic separation schemes along the way in key areas.
Then you can go off the coast of Alaska at Prince William Sound where, again, they have traffic separation schemes going into that area, which is an important oil reception area, of course, for Alaska.
Canada, to my knowledge, has not imposed any mandatory vessel routing requirements under our legislation to date. We do have guidelines suggesting ships stay 10 nautical miles off Lancaster Sound in the fall when marine mammals are migrating through the area, but those are guidelines.
The fifth challenge, very quickly, is ensuring full ratification and implementation of international shipping and environmental agreements relevant to the Arctic. I'll give you one example. We have a ballast water convention from 2004. It's not in force, but when it is in force it is supposed to require exchange of ballast water on the high seas in deepwater areas to try to prevent the spread of invasive species. There will be phase-in of treatment technologies aboard the large cargo ships by 2016 to kill the small critters so that they don't spread around the Arctic. Only five of the Arctic states to date have ratified: Canada, Denmark, Norway, Russian Federation, and Sweden, and only 36 parties overall, representing just 29.07% of the world's shipping tonnage. We need 35% of that tonnage globally just to come into force, so we have a problem there, and there could be other conventions I could give you examples of as well.
The sixth challenge, to flag it just quickly, is considering more proactive approaches to toxic chemicals management. The Arctic monitoring and assessment programme, AMAP, working group in its 2009 Arctic pollution report flagged the fact that there may be some 4,300 organic chemicals having Arctic accumulation properties.
Under the global treaty on persistent organic pollutants, the Stockholm convention of 2001, we are only regulating and managing 22 chemicals. To me, we really need proactive approaches, and maybe, if we have time in the discussion period, I can give you some ideas on that. I don't have time in my initial comment to go into detail, but we really have to do much more on toxic chemicals management. We have not solved that issue.
Just as an aside, there are over 70 million chemicals and substances listed on the chemical abstracts service kept in the United States. These are not in commercial use, but it's a worry with regard to our chemicals management in the future.
The seventh challenge is putting the ecosystem approach into practice in the Arctic. We have lots of talk within the Arctic Council, a couple of expert groups working on ecosystem-based management, but we are a long way from putting in operation the ecosystem approach. We do not have a network of marine-protected areas in the Arctic, nor are we even close to it. We do have an international target under the convention on biological diversity to, by 2020, have such a network in various regions of the world. I'd also go on record as saying we have almost no implementation across the Arctic of integrated planning across boundaries all across the region. We don't have integrated spatial planning in any region across the Arctic.
The eighth challenge, very quickly, is solidifying the financing of the Arctic Council. Again, John Crump made reference to this, but we have not worked out the solidified funding for indigenous participation in their capacity development. There are major capacity issues as well, and, of course, even the Arctic Council projects and assessments will be largely based on ad hoc, voluntary funding. What we have worked out recently, of course, with the council is the funding of the secretariat. We have a clear formula now that has been worked out, but that is only the secretariat costs in holding meetings.
The ninth challenge is deciding whether to ban the use or carriage of heavy fuel oil on ships operating in the Arctic. In the Antarctic, of course, since August 1, 2011, there has been such a ban for the Antarctic Treaty area, to try to keep away heavy fuel oil, the cleanup of which, if it ever spilled, would cause major problems. As to whether a similar thing should happen in the Arctic, you have Norway leading a study under the auspices of the Arctic Council. Hopefully later this year they will have a report suggesting ways forward and whether we should undertake some further regulatory measures.
I think I still have one more minute. Am I close?