The UN Convention on the Law of the Sea

Betsy Baker, Associate Professor, Vermont Law School

The world has a set of rules about how to use the oceans:  among them, the 1982 UN Convention on the Law of the Sea (LOS Convention).  Most nations have signed and ratified the treaty, and even those that have not – for example, the United States – abide by the vast majority of its rules. The LOS Convention spells out the rights and duties countries have with respect to navigational rights, ocean environmental protection, the use of living and non-living resources of the ocean, marine scientific research, piracy, and how to settle disputes arising between countries about matters governed by the treaty.

Every coastal nation has greatest jurisdiction over the waters closest to its shores, known as its territorial sea.  This jurisdiction diminishes as one travels away from shore, through several zones, to the High Seas.  The Convention also reserves an “Area” under the High Seas not subject to any country’s jurisdiction; its mineral resources are considered to be the responsibility and resource of all, or “the common heritage of mankind.”

The LOS Convention’s rules about the ocean’s non-living resources (think: “oil and gas”) lie at the heart of the current flurry of scientific activity to map the Arctic Ocean by all five Arctic countries with coastline above the Arctic Circle – Canada, Denmark/Greenland, Norway, Russia, and the United States.  Article 77 of the Convention gives every coastal state the exclusive sovereign right to “explore and exploit” the living and non-living resources of the seabed and subsoil within a certain area that the treaty calls “the continental shelf.” This part of the treaty is concerned only with what is on or under the ocean floor; a separate part of the treaty deals with living marine resources that dwell in the water column.

Every coastal nation automatically has these exclusive rights for the seabed and subsoil that lie within 200 nautical miles of its territorial sea baseline. A party to the Convention can provide specific scientific evidence showing just how far its continental shelf extends past that 200 nm line to the Commission on the Limits of the Continental Shelf (CLCS), an expert body of geophysicists and hydrographers set up by the LOS Convention.  The evidence must show that the “shelf” is a natural prolongation of the country’s continental landmass and must identify such things as where the shelf descends to meet the ocean floor. There are limits on how far beyond the 200 nm line a country can exercise its rights (350 nm from shore or 100 nm beyond where the water is 2500 m deep). These limits protect the common heritage “Area” from being taken up entirely by continental shelves of coastal countries. You can see a graphical representation of these limits at http://continentalshelf.gov/newsroom.html#graphics.

The United States is the only Arctic country, and indeed one of the few countries in the world, that has not yet ratified the LOS Convention.  A non-party country has the same rights in its extended continental shelf as a country that has ratified the Convention, but without ratifying, the U.S. cannot submit its scientific findings to the CLCS, which means the U.S. will not have the opportunity to receive their recommendations and set ECS limits based on them. There is an benefit to considering these recommendations: according to the LOS Convention, if a coastal country establishes its ECS limits “on the basis of” CLCS recommendations, those limits are “final and binding.”

A small handful of senators has blocked ratification in the past, notwithstanding widespread support for the Convention from all branches of the military, environmental groups and industry interests.  President Clinton and both Presidents Bush supported the treaty, as does the current administration.  The LOS Convention is the best hope for international cooperation towards sustainable, safe, and equitable use of the world’s oceans.

First Day of Data Collection

Andy Armstrong, co-chief scientist aboard USCGC Healy

Today we began the primary work of this joint U.S.-Canada Extended Continental Shelf mapping project. After a night and morning of steaming north in company with the Louis S. St-Laurent, we reached the starting point of our first seismic profiling line. At 77-11.2 N, 148-16.1 W, Healy moved into the lead to begin clearing a path through the ice, and the Canadian team on Louis deployed their seismic gear. This starting point coincides with the end of a line from last year’s work.

Not surprisingly for such a complex operation as multi-channel seismic profiling in ice-covered waters, some of the deployed equipment did not work properly, and Louis S. St-Laurent had to retrieve its gear as the two icebreakers doubled back to the start point for another try. Everything worked this time, and we began acquiring both bathymetry and seismic profile data.

We are presently moving north through the Beaufort Sea at about 4 knots, easily clearing the way though melting 6/10 – 7/10 ice (60% – 70% of the sea surface covered by ice).

What Are We Doing, and Why?

Barbara Moore, U.S Extended Continental Shelf Interagency Task Force

Simply put, we are looking for the edge of the continental shelf in the Arctic Ocean.  Why?  To determine where we can exercise our sovereign rights over the natural resources of the seafloor beyond 200 nautical miles (nm) from shore. Defining and establishing the limits of this extended continental shelf (ECS) in concrete geographical terms provides the certainty necessary to use, manage and protect the seabed and subsoil resources there, which include mineral resources (manganese nodules, ferromanganese crusts, and polymetallic sulfides), petroleum resources (oil, gas and gas hydrates), and “sedentary” creatures (clams, crabs, corals).

Under international law, as reflected in the United Nations Convention on the Law of the Sea, every coastal nation automatically has a continental shelf out to 200 nm from its coastal baselines, or out to a maritime boundary with another coastal nation. In addition, article 76 of the Convention specifies the data a country must gather and the criteria it must follow to demonstrate that its continental shelf extends beyond 200 nm. These criteria are based on the shape of the seafloor (morphology) and the amount of sediment that has been deposited from the continents.

Onboard the USCGC Healy, multibeam echo-sounders are used to map the surface of the seafloor.  Modern-day maps on land are made as aircraft flying over terrain use optical instruments to see and map the surface of the earth.  In the oceans, these optical techniques do not work because they cannot see through the vast water column that overlies the ocean floor.  Instead, sound waves are used to “see” through the water to the ocean floor.  Multiple sound beams from the instruments on the Healy bounce off the seafloor, and with the help of sophisticated computer software, produce a three-dimensional map, called a bathymetric map, of the ocean floor beneath the ship.  The shape of the seafloor is important for identifying where the continent ends and the abyssal plain begins.

The second criteria a nation may use to delineate its full continental shelf requires knowledge about sediment thickness on the ocean floor.  This approach is relevant in the Arctic Ocean, where thick sediment deposits exist.  Collecting information about sediment thickness also involves sound, but at lower frequencies and using different techniques.  Seismic soundings are generated by towing a long array behind a ship, and using receivers strung along the array to hear the sound bounced back from the ocean floor and its layers of sediment. An air gun is used to generate the initial sound pulse.

Up here in the Arctic Ocean, we are using both bathymetric and seismic techniques. And because towing a long seismic array through an ice-littered field is very challenging, we are using a two-ship operation. In areas where seismic data are especially important to collect, the Healy sails ahead, breaking ice and making a clear path for the Canadian icebreaker CCGS Louis S. St-Laurent to tow its seismic gear. In other areas, where bathymetric data are more important, roles will be reversed.  The survey path has been selected to accommodate areas of interest for both U.S. and Canadian interests, and data between the two countries will be shared.

The United States may have an ECS as large as one million square kilometers, which is roughly twice the size of California and about one-ninth of the existing U.S. land.  There are six areas where the U.S. likely has ECS, and another nine it may have ECS. Of all these, the area in the Arctic is probably the largest.  Like other nations, it is important for the U.S. to define and secure international recognition of the exact extent of our sovereign rights in the ocean.

Boarding Healy!

Barbara Moore, Extended Continental Shelf Interagency Task Force

After last night’s 6:00 p.m. meeting, with the news that the helicopters were still stuck in Fairbanks, our resourceful Coast Guard logistics officer, SK1 Terrence, noticed a barge sitting offshore, just down the beach.  On a “nothing to lose” basis, he started discussions with the operator.

Much to our delight, and to the great credit of the Coast Guard, the operator agreed to help and worked out a scheme to load our party and gear using his heavy equipment and cargo landing craft.  After much discussion, and a trial run with our gear, the landing craft ran up onto the beach, a bulldozer moved the beach sand to make a ramp, and we all walked onto the landing craft.

As we donned the orange mustang suits for safety, our 4,000 pounds of fresh food, which have been flown in by a Coast Guard C-130 just an hour before, were loaded onto the landing craft.  We backed away from the beach, and within 20 minutes we were tied up next to Healy.  Healy rigged an “accommodation ladder” – in reality a gangway – and we all climbed up and onto the ship.  The fresh food was offloaded by crane. What an experience!

The operator of the landing craft refused payment. Many, many thanks to Bowhead Transport, a company owned by the Ukpeagvik Inupiat Corporation (UIC), a native corporation.

By 5:00 p.m., we were underway!

Field Work in the Arctic: Expect the Unexpected

Barbara Moore, Extended Continental Shelf Interagency Task Force

Today we had planned to load Healy from Barrow, Alaska, and sail into the Arctic Ocean to begin the 2009 mission. But we are reminded once again that field work, particularly in remote locations like the Arctic, rarely goes according to plan.

USCG Healy arrived offshore Barrow early this morning, but we cannot see her because of the poor visibility. The real unexpected wrinkle in our plans is the helicopters, which haven’t yet arrived in Barrow.

Because no port or dock exists in Barrow, multiple helicopter trips carry crew and cargo between the shore and the ship. Helicopter trips will load onto Healy the more than 30 members of the science crew, plus 4,000 pounds of fresh food and vegetables, several buoys, a Seaglider (an autonomous free-swimming oceanographic instrument)  and numerous other supplies for the 41-day mission.

Our helicopters have been delayed because of fires in the forests around Fairbanks, a central Alaska city used as a refueling stop for the helicopters on their route from Anchorage to Barrow. Apparently, these fires occur every summer to some degree.  Sparked by lightening, the fires are left to burn on their own, unless they threaten developed areas. This year, the fires are particularly bad and have resulted in flight delays and cancellations for Fairbanks.

So as we wait for tonight’s meeting to discuss the latest information on our expedition, we’re exploring the sights in Barrow, enjoying conversations with our accommodating hosts, and trying to stay warm (temperatures are in the low 40s). There’s lots of daylight to use to sightseeing advantage, even if the fog does limit visibility: the sunrise was at 3:57 a.m. this morning and won’t set until 12:53 a.m. tonight – 21 hours of daylight!

We’re staying in the Barrow Arctic Science Consortium (BASC) facility, which was originally operated by the U.S. Navy as a research station. Now, the facility is used for a variety of functions, including a local community college and offices for the North Slope Borough government.  It includes a cafeteria that feeds the students as well as visitors like us ($12 for breakfast, $25 for dinner – everything, including cafeteria food, is more expensive here).

Our big-city norms are certainly challenged in this Arctic environment. Our “bunk house” ran out of water today.  The 900-gallon tank had to be refilled by a truck delivery, supplied by the local utility company which gets water from a large ice lagoon and purifies it by reverse osmosis.  Wells and septic systems are not possible in this area where 30 foot thick permafrost begins only a few feet below ground level. Also, individual exploring of the area is discouraged.  Not only do the low temperatures and high humidity contribute to a less than comfortable walk, but bears are a threat. Both polar bears and brown bears are known to wander through the region.  BASC rules require that anyone working outside take along a sidekick to watch for bears.  We haven’t seen any, but noticed something else – all the local dogs are tied up. It is a reaction to a Barrow resident finding a rabid fox nearby.

The seaside road between Barrow and where we’re staying is lined with piles of black sand, forming berms to protect the road from further erosion. And although there is no port or dock in Barrow, residents are clearly a seafaring people. They launch their small boats from the black sand/pebble beach by pick-up truck and hand.  On a clear day, these little boats can be seen darting back and forth as they hunt for seals and walruses.

New Expedition to Map the Arctic Seafloor

Reposted from USGS news release

American and Canadian scientists are setting sail this summer to map the Arctic seafloor and gather data to help define the outer limits of the continental shelf.

Each country may exercise sovereign rights over their extended continental shelf’s natural resources of the seabed and subsoil. These rights and authorities include control over minerals, petroleum and sedentary organisms such as clams, crabs and coral.

The extended continental shelf is that part of a country’s continental shelf beyond 200 nautical miles from shore, and its outer limits can be defined according to criteria set forth in the United Nations Convention on the Law of the Sea. Data collected during this mission will help determine where these criteria are met for the United States and Canada in the Arctic Ocean.

Louis S. St. Laurent (left) and U.S. Coast Guard Cutter Healy (right) in the Arctic – Photo Credit USGS.

USGS scientists Ellyn Montgomery and William Danforth discuss incoming data. Photo credit USGS, taken in 2008.

U.S. Coast Guard Cutter Healy in the Arctic. Photo Credit USGS.

Louis S. St. Laurent finding a path through the Arctic sea ice – Photo Credit USGS.

The United States and Canada are working collaboratively from August 7–September 16, 2009, using two icebreakers. The U.S. Geological Survey will work with the National Oceanic and Atmospheric Administration and the University of New Hampshire on U.S. Coast Guard Cutter Healy to collect data primarily on seafloor depths and morphology. The Geological Survey of Canada, Natural Resources Canada will lead research on the Canadian Coast Guard Ship Louis S. St-Laurent and gather information primarily on the thickness and characteristics of sub-bottom sediments.

“The Arctic Ocean is an area of great scientific interest, possible economic development and potential resource conservation,” said USGS scientist Deborah Hutchinson, who will be aboard the Canadian ship as a U.S. liaison. “Both countries benefit from this two-ship expedition by sharing technical expertise and data. Research in these remote areas of the Arctic Ocean is expensive, logistically difficult and sometimes dangerous.”

This mission will emphasize the region north of Alaska onto Alpha-Mendeleev Ridge and eastwards toward the Canada Archipelago. This is the second year the United States and Canada have collaborated in extended continental shelf data collection in the Arctic. Both countries plan to work together again in 2010.

Research is coordinated by the U.S. Extended Continental Shelf Task Force, a government-wide group headed by the U.S. Department of State. Participants in this Task Force include the U.S. Department of the Interior, U.S. Geological Survey, National Oceanic and Atmospheric Administration, U.S. Coast Guard, National Science Foundation, Joint Chiefs of Staff, U.S. Navy, U.S. Department of Energy, U.S. Environmental Protection Agency, Executive Office of the President, Minerals Management Service, and the Arctic Research Commission.

For additional information, including details on the 2009 cruise and photographs and video from past missions, visit the Extended Continental Shelf Project Web site.

You will also have access to journals and photographs during this mission and from last year’s expedition at the Arctic Chronicles.

The upcoming program follows a joint 2008 U.S.-Canada survey described at Sound Waves monthly newsletter.

You can also learn more about Canada’s Extended Continental Shelf Web site.

Information on the United Nations Convention on the Law of the Sea can be found online.

Video Available: Peak into the Arctic

Jessica Robertson, U.S. Geological Survey Public Affairs Specialist

It has been awhile since my last post, but I have some updates! Since departing Healy, I miss the serenity of the Arctic but have almost fully adjusted to my land legs again and am right back in the hustle and bustle of things.

As promised, a compilation of b-roll footage from our trip on Healy is now available.

The first video, Breaking Ice, is a view from Healy of the surrounding Arctic sea ice. The second video, Overflight, was taken from the Canadian helicopter as it flies over Louis and Healy in the Arctic Ocean. The video Mooring Evolution was also taken from the Canadian helicopter, but this footage captures Louis and Healy pulling up alongside each other. The fourth video, titled Conductivity, Temperature, and Depth Profiler, shows the deployment of the CTD into the Arctic Ocean from Healy. This instrument collected water samples so scientists can study organisms in the Arctic Ocean and measure the speed of sound in the water.

Additional video, including interviews with scientists and the U.S. Coast Guard, will be available soon! So don’t forget to check back.

Until then,

Jessica Robertson

Breaking Ice (Play)

Overflight (Play)

Mooring Evolution (Play)

Conductivity, Temperature, and Depth Profiler (Play)

Polar Bear Sightings and Our Expedition’s End

Jessica Robertson, U.S. Geological Survey Public Affairs Specialist

On Monday I saw three more polar bears! First we saw two bears cuddled together on a piece of multi-year ice. As we passed by, they took a swim in the ocean. To come back to the surface after diving into the water, they had to break through a thin layer of sea ice. We saw some ice and water splash up, and then they appeared again. At one point, one of the bears was sliding across the thin ice, and accompanying this post are some pictures of them lying on and walking along the thin ice. About a half-hour later, we saw another polar bear strolling along the ice. He was farther away, and when he occasionally took a dip in the ocean, everyone would look around at each other trying to figure out where it went. This was an exciting sight, especially in the final days of our journey.

This chapter in our effort to map the Arctic seafloor has come to an end. Several of us are departing Healy today and heading back home. We are taking turns loading into the helicopter and heading back to the airport in Barrow, Alaska.

The past couple days have been spent cleaning and packing, but the hardest part has been saying goodbye. Spending a month at sea brings close friendships and memories that will last a lifetime. I am going to miss all of the friends I have made along the way, but I am sure we will keep in touch!

The U.S. Coast Guard has certainly made our journey on Healy pleasant. The collaboration between the U.S. and Canada in this endeavor has been very successful, enhancing the ability of both countries to collect data in this remote area. When we first saw Louis appear through the fog a few weeks ago, I will never forget the excitement that filled our ship as our joint expedition began. As we watched Louis sail away a couple of days ago, it was a bit lonely peering out and seeing only the endless sea ice and water again.

In the end, we are one large step closer to mapping the Arctic seafloor and understanding the underlying geology.

I want to thank and express my appreciation to those who helped me understand the research and operations onboard Healy, as well as everyone who contributed to making this site available.

If you have any questions about this expedition, please contact me at jrobertson (at) usgs.gov. Remember, I will no longer have access to my healy.polarscience.net account.

Don’t forget to check back for video footage too!

Jessica Robertson

How’s That Data Rolling In?

Jessica Robertson, U.S. Geological Survey Public Affairs Specialist

The other day I received an update on seismic data collection (used for mapping the sub-seafloor) from USGS geophysicist Jonathan Childs, chief scientist for Healy. I asked him about the quality of our incoming data, whether the systems have been working smoothly, and what the plans are after we depart Healy and Louis.

Before embarking, there were several objectives and expectations for this trip. We have exceeded expectations in terms of our ability to move through the sea ice and the reliability of our equipment. Both the U.S. and Canada have been extremely successful in collecting seismic data. We have had no down time on Healy and have been collecting data every moment our ship was moving. The Canadians were able to keep their instruments in the water for up to 72 hours at a time, which is a significant accomplishment given the surrounding ice-covered conditions.

Geographically, we have reached several points scheduled for data collection, but some areas were too heavily covered with sea ice, and we were not able to break through. For example, we hoped to get closer to Canadian islands, but unfortunately the sea ice was too thick. However, pre-cruise plans are always optimistic, so these minor obstacles were not disappointing. You can’t really predict the conditions you will face and how things will fare.

After a preliminary review of incoming seismic data, scientists onboard have observed several fascinating features beneath the seafloor. Once this expedition is complete, data will be formally analyzed and interpreted. Analysis will include further interpretation of sediments, sedimentary thicknesses, and how plates moved to form the basins and underwater seafloor elevations. Scientists will also assess where additional data are needed to help clarify these geologic interpretations.

In addition to the seismic data, the other research onboard has been very successful. In regards to water sampling to study microorganisms in the Arctic Ocean, positive results have already been achieved. The proportions of the organisms being studied (mixotrophs) are similar to those recently observed in the Antarctic. At this point, samples have been collected from several depths at nine different locations and we expect to gather at least one more sample in the last couple days of our journey.

Four open ocean drifting buoys, which move with the current, were deployed before our science crew’s time on Healy began. There are six more available for deployment as we move out of the ice pack and go southbound to Barrow, Alaska. These buoys, or drifters, provide location, air pressure and temperature, and water temperature. The buoy data are transmitted through the Argos satellite network and help us track and understand ocean circulation, atmospheric conditions, and the future production and distribution of sea ice. Drifting buoys like these will be increasingly used in the Arctic as open ocean areas expand. The buoys are being deployed as part of the International Arctic Buoy Programme by Pablo Clemente-Colón, Chief Scientist of the National Ice Center and an oceanographer with NOAA.

We are still collecting data, so all further progress will build on what has already proved to be a very successful cruise.

Until next time,

Jessica Robertson

Arctic Luau: A View from the Sky

Jessica Robertson, U.S. Geological Survey Public Affairs Specialist

Yesterday, Louis and Healy pulled up alongside each other, placed a brow (or gangway) between the ships as a walkway, and we had a luau-themed dinner together. All week long, everyone has been talking about the planned rendezvous, hoping weather conditions would permit. Thankfully they did, and we spent the afternoon mixing, mingling and, exploring the adjacent ships.

Before setting down the brow, it needed to be transported from the front of the ship to the back. None of the cranes onboard were able to swing it from one end to another, so it had to be transported across the ice. Once a piece of multiyear ice was spotted, Healy stopped alongside it. Two U.S. Coast Guard members were carried by a crane onto the ice, where they checked for stability before placing the brow on it. Once they confirmed the ice was a secure spot, the brow was lowered and set down. Healy moved forward slightly to align the brow with the back of the ship and the walkway was slowly raised up and placed onto the flight deck.

I was lucky enough to take a helicopter ride while Louis pulled up alongside Healy. The pilot was wonderful, asking us which direction we wanted him to fly to ensure we captured this cooperative effort. I gathered some amazing video footage, and I hope you all enjoy the pictures with this blog entry!

Our helicopter trip ended on Louis, where we watched both crews work collaboratively to bring the ships together and secure the brow as a walkway from one ship to another. The Canadian Coast Guard passed by us with trays and trays of food as we waited by the hangar to cross back over. Once everything was set, I walked over to Healy, put my video equipment away and returned to Louis. Besides my brief landing a few minutes earlier, this was my first time on the Canadian ship, and I was anxious to see their accommodations and meet the rest of their crew.

Food was carried over from Healy and the smell inside the hangar made my stomach growl. The spread included lobster, shrimp, scallops, steaks, tables of desserts, and even a dolphin-shaped ice sculpture. The festive luau theme inspired several people, some with Hawaiian shirts and flip flops, and others with grass skirts creatively made with rope. Several awards and words of appreciation were presented between and among the U.S. and Canadian Coast Guard.

After dinner, USGS scientist Deborah Hutchinson gave me and several others a tour of Louis. Along the way, I finally met Canadian Geological Survey scientist Ruth Jackson, who is the chief scientist for Louis. As we were introduced, she welcomed me with a huge smile and was such a delight. Both she and Debbie excitedly showed us the incoming data and discussed what it may indicate as a representation of the seafloor and underlying geology.

As we walked through the Louis hallways during our tour, we passed several U.S. and Canadian Coast Guard members discussing the similarities and differences between ship operations—both eagerly listening and learning.

When an announcement was made for everyone to return to their ship, I could not believe it was already 10:00 p.m. In fact, I can’t believe we are in our final week of this journey. I have been having a wonderful time, and with each day, a new adventure.

From the Arctic,

Jessica Robertson

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• About the Blog

  The 2009 U.S.-Canada Arctic Continental Shelf Survey is underway from August 7 - September 16. Blog posts from sea are authored by the various agencies collaborating during the expedition. More information on the U.S. Extended Continental Shelf Project can be found at continentalshelf.gov.

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