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Changes in the Arctic: Background and Issues for Congress
lacks legally binding requirements. While the Safety of Life at Sea Convention (SOLAS) and
other International Maritime Organization (IMO) conventions include provisions regarding ships
in icy waters, the provisions are not specific to the polar regions. Although the IMO has
"Guidelines for Ships Operating in Arctic," a 2009 NOAA report described the nonbinding IMO
provisions as "inconsistent with the hazards of Arctic navigation and the potential for
environmental damage from such an incident."159
In 2013, the member states of the Arctic Council signed an Agreement on Cooperation on Marine
Oil Pollution Preparedness and Response in the Arctic.160 The agreement's objective is to
"strengthen cooperation, coordination, and mutual assistance ... on oil pollution preparedness and
response in the Arctic."
In addition, the United States has separate bilateral agreements with Canada and Russia that
address oil spill response operations. The agreement with Canada was established in 1974 for the
Great Lakes and has been amended several times to add more geographic areas, including Arctic
waters. According to the 2014 NRC report: "Formal contingency planning and exercises with
Canada have enabled both the United States and Canada to refine procedures and legal
requirements for cross-border movement of technical experts and equipment in the event of an
emergency."
The U.S.-Russian agreement was made in 1989 and applies to oil spills in Arctic waters.
However, the 2014 NRC report asserts that the agreement has not been tested to the same extent
as the U.S.-Canada agreement.
Fisheries161
The effects of climate change such as increasing sea surface temperatures and decreasing
permanent sea ice are altering the composition of marine ecosystems in the Arctic. These changes
are likely to affect the ranges and productivity of living marine resources including species that
support marine fisheries. Furthermore, as a greater portion of the waters in the central Arctic
Ocean become open for longer periods, the region's resources will become more accessible to
commercial fishing. Large commercial fisheries already exist in the Arctic, including in the
Barents and Norwegian Seas north of Europe, the Central North Atlantic off Greenland and
Iceland, the Bering Sea off Russia and the United States (Alaska), and the Newfoundland and
Labrador Seas off northeastern Canada.162 As environmental changes occur, fisheries managers
will be challenged to adjust management measures for existing fisheries. Uncertainties related to
these changes and potential new fisheries in the central Arctic Ocean have prompted many fishery
managers to support precautionary approaches to fisheries management in the region.
On June 1, 2008, Congress passed a joint resolution (P.L. 110-243) that directed "the United
States to initiate international discussions and take necessary steps with other nations to negotiate
an agreement for managing migratory and transboundary fish stocks in the Arctic Ocean." The
joint resolution also supported establishment of a new international fisheries management
organization or organizations for the region. International cooperation is necessary to manage
159 Coastal Response Research Center, Opening the Arctic Seas: Envisioning Disasters and Framing Solutions, (2009),
partnership between the National Oceanic and Atmospheric Administration and the University of New Hampshire.
160 Available at http://www.arctic-council.org.
161 This section was prepared by Harold Upton, Analyst in Natural Resources Policy, Resources, Science, and Industry
Division.
162 Erik J. Molenaar and Robert Corell, Arctic Fisheries, Arctic Transform, February 9, 2009; available at http://arctic-transform.org/download/FishBP.pdf.
Congressional Research Service
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O'Rourke, Ronald. Changes in the Arctic: Background and Issues for Congress, report, August 1, 2018; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc1248258/m1/43/: accessed July 17, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.