диссертация (1169188), страница 69
Текст из файла (страница 69)
All parties to the agreement must use the sameVHF radio channel and report to one of the nine communication hubs defined bythe agreement. There are additional VHF channels for local communication in the301area of every local settlement as well as for specific vessels. Satellite phones actas a reserve method of communication.Every six hours a vessel in the reporting territory must transmit thefollowing information to the nearest communication hub: vessel name, the namesof the operator and owner; the business project within which the vessel isoperating; the location, speed and direction of the vessel; and the sailing plan.Vessels must also report any hazardous or unforeseen ice conditions and anysignificant changes to their sailing plan.The oil and gas enterprises that own or operate the vessel must take a marinemammal observer on board in certain cases (e.g., on vessels used for oil and gasextraction). The observer is responsible for the observation of whales and othersea mammals to assist the vessel captain and prevent any negative impact on theanimals.
When the vessel is in close proximity to a whaling ground, the observeris responsible for the radio communication with the communication hubs on thecoast, and the whaling ships.Captains of whaling ships must report the following information to thecommunication hubs: times of departure and arrival, the vessel’s location,direction and immediate plans. They must also report any commercial vessel thatprima facie does not comply with the agreement terms. If oil and gas vessels andwhaling ships are in the same sea area at the same time, the communication hubsmark the submitted information on charts and notify the vessels about potentialclashes.
If whaling vessels and industrial vessels do not report their location ontime, the communication hub makes a request for the necessary information.Commercial vessels are required to avoid areas where aboriginal whaling isexpected or already being undertaken. That is, it must be stressed that theaboriginal rights are prioritized by law over those of businesses.The preliminary conclusion is that the legal framework for whaleconservation introduced by the US in the Bering Strait region undoubtedly goesbeyond the obligations of the US under the 1946 International Convention for theRegulation of Whaling.
These frameworks are of some interest as potential legal302mechanisms that, if adapted, may improve the legal environment of coastalcommunes and their traditional industries on the Russian coast of the BeringStrait region.The 1972 Convention on the Prevention of Marine Pollution by Dumping ofWastes and Other MatterBoth Russia and the US are parties to this Convention. In Russia, theMinistry of Natural Resources and Environment is the chief agency responsiblefor exercising rights and performing Russia’s obligations thereunder.The provisions of the Convention are aimed at preventing marine pollutionthrough the implementation of bans on disposal of certain dangerous materials, asthose materials pose a threat to human life, living marine resources, and marinelife in general.
Such disposal may also harm recreational areas on the coast andprevent other legal uses of the sea. Annexes to the Convention list the categoriesof waste the dumping of which is a) forbidden; b) requires a prior specialauthorization; c) requires a prior general authorization. Such authorizations areprovided by competent agencies appointed by state parties to the 1972Convention.Consequently, Russia and the US as the states bordering the Bering Straitmay develop a bilateral framework to clarify the protocol for the realization of the1972 Convention in the region.The 1973 Convention on International Trade in Endangered Species of WildFauna and FloraBoth Russia and the US are parties to this treaty. In Russia, the Ministry ofNatural Resources and Environment is the agency responsible for theimplementation of the Convention.It is especially important for the characterization of the Bering Straitregion’s legal regime that the 1973 Convention requires a prior export permit forexports of any species listed in the Convention’s Annexes.
The permit is issued303by the executive agency of the importing state. In practice, it means thatendangered species of flora and fauna in Russia and the US may not be importedor exported as they are vital for aboriginal subsistence of the indigenous peoplesof the North and other local communities of the Alaska Peninsula or the ChukchiPeninsula.The 1973 International Convention for the Prevention of Pollution fromShips, as modified by the Protocol of 1978 (MARPOL 73/78)Both Russia and the US are parties to MARPOL 73/78.The object of the Convention is “to prevent pollution of the marineenvironment by discharge of harmful substances or effluents containing suchsubstances.” MARPOL 73/78 does not cover: warships, naval auxiliary ships orother ships owned or operated by a state and used only on government noncommercial service.
In case of an “event that led or might lead to a discharge ofharmful substances or effluents containing such substances,” the ship captainmust immediately report the incident to the relevant authority or organization.In case of a “considerable harmful impact” on the marine environment dueto a shipwreck, each administration (i.e. the agency designated by the governmentof the state party to whose jurisdiction the ship belongs, or the government itself)is obliged to launch the respective investigation.Russia and the US as the states bordering the strait have equal legal groundsto introduce bilateral frameworks to clarify the implementation of the Conventionin the Bering Strait region with due consideration of its peculiarities.
This is alsoimportant in the context of the recent increase in navigation of warshipsbelonging to non-Arctic states in the Bering Strait.The 1974 International Convention for the Safety of Life at Sea (the SOLASConvention)Both Russia and the US are parties to the SOLAS Convention. Theprovisions of this Convention applicable to the Bering Strait region will be304examined below, in the context of its amendments triggered by the adoption ofthe Polar Code. Here, it will only be noted that US-Russia cooperation for themutual implementation of the SOLAS Convention and the Polar Code isdesirable.The 1978 International Convention on Standards of Training, Certificationand Watchkeeping for SeafarersThe Convention covers seafarers “working on marine vessels” with theexception of those who: a) serve on warships, naval auxiliary ships or other shipsowned or operated by a state and used only on government non-commercialservice; b) serve on fishing ships, or leisure boats not used for commercialtransportation; wooden ships of primitive build.
It must be additionally stressedthat the provisions of this Convention do not cover aboriginal seafarers operatingin the waters of the Bering Strait region.Annexes to the 1978 Convention include regulations on: certificatemaintenance; certificate validation protocols; principles covering near-coastalvoyages; control procedures; the master and deck department; the enginedepartment; the radiocommunications department; tanker vessels; emergency andsurvival craft specialists.
It is pleasing to note that Russia and the US havealready cooperated on the implementation of the Convention’s requirements.Nevertheless, it is possible to introduce further bilateral frameworks ofcooperation in this particular area, primarily in the context of ice navigation andthe enactment of the Polar Code starting on 1 January 2017.The 1995 International Convention on Standards of Training, Certificationand Watchkeeping for Fishing Vessel PersonnelAccording to this Convention, fishing vessel personnel must be certifiedfollowing the regulations introduced in the Annex to the 1995 Convention. Afishing vessel is understood as meaning any vessel used commercially forcatching fish or any other marine living resources.
Therefore, aboriginal vessels305in the Bering Strait region used for fishing and hunting do not fall within thescope of the conventional definition of a “fishing vessel”.The Annex to the 1995 Convention stipulates the mandatory minimumrequirements to the certification of a large number of specialists comprising thecommand personnel of a fishing vessel: skippers of fishing vessels of 24 metresin length and over operating in unlimited waters; officers in charge of anavigational watch of fishing vessels of 24 metres in length and over operating inunlimited waters; skippers of fishing vessels of 24 metres in length and overoperating in limited waters; officers in charge of a navigational watch of fishingvessels of 24 metres in length and over operating in limited waters; chief engineerofficers and second engineer officers of fishing vessels powered by mainpropulsion machinery of 750 kW propulsion power or more; personnel in chargeof or performing radiocommunication duties on board fishing vessels, etc.In addition, there are minimum requirements to ensure the continuedproficiency and updating of knowledge of fishing vessel personnel; basic safetytraining for all fishing vessel personnel; basic principles to be observed inkeeping a navigational watch on board fishing vessels, etc.In the context of aforementioned ice melting in the Arctic Ocean and thepotential to increase the scope of fishing within the 200-mile EEZs of Russia andthe US, US-Russia cooperation on mutual implementation of the aforementionedrequirements is desirable.
![](https://s.studizba.com/z.php?f=/templates/si/i/noavatar.png&w=100&h=100&t=1"){kind=avatar}
