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other issues that the Organizaton has successfully dealt with, such asmarine pollution response. If the shipping world does not get this right,there will be a patchwork of regulatory regimes, which will make itvery difficult for commercial activity to take place in a sustainable fash-ion. In addition, non-Arctic players will not buy into the regime andinexperienced operators could put a lot of stress on marine infrastruc-ture and shipping services in search-and-rescue and marine-pollutionincidents, which could further impact future Arctic shipping. The PolarCode is a work in progress that needs to move forward to make it areality. It is in the interest of commercial shipping to have a clear andharmonized regulatory regime through an international agreement,which in the long term will pave the way for increased Arctic shippingactivity. While bilateral agreements between coastal states can be devel-oped, they may in the long term create more of a barrier to shipping.

Maritime law seeks uniformity of regulation as ships are mobile.The Arctic is no different. The rapid changes in the Arctic have createda sense of urgency which may be more perceived than real. There hasbeen push back on the Polar Code from the flag states that seek to min-imize any regulatory requirement. Coastal states and many othernations want strong environmental standards through a robust PolarCode. The bringing together of shipping best practices is seen as a goodrisk management tool, which will benefit both commercial interestsand the coastal states. It will not substitute for experience and a risk-based approach by commercial shipping interests, but it will provide asolid foundation from which to move forward. Getting it right is hardwork. The process has been slow, but the IMO must consider thediverse shipping interests and rights of coastal states. There must be a

balance. The IMO approach works and has produced solid lastingresults for commercial shipping and is poised for new shipping devel-opments in this century.

The Polar Code can serve as a benchmark for discussion and dia-logue - yet be flexible enough to embrace new activities in a risk-basedapproach to Arctic shipping. Coastal states always have the option ofgoing it alone with national legislation, but this will be costlier in thelong run, and will not have the force that an international agreementwould have. There is a clear need for the Polar Code, but it is criticalthat we get it right: we must move slowly and carefully, just like navi-gating through ice. The guidelines and the Polar Code are importantbut, to get compliance in the long term, as Arctic shipping increases,commercial shipping will likely be subject to mandatory regulationunder the SOLAS Convention. The Polar Code and the groundworklaid for a harmonized shipping regime in the Arctic will be importantfor future economic development. A robust Polar Code will requirestrong and clear leadership from the Arctic Council states. Canada,which is chairing the Arctic Council next year for two years, will havea key role to play, as it has had at the IMO in the past. On this impor-tant issue, Arctic shipping interests need to move faster than thediminishing sea ice.

Joe Spears, of Horseshoe Bay Marine Group, is a maritime counsel who hasbeen looking at the interaction of the risk of Arctic shipping since 1984,when he undertook research for Transport Canada through the CanadianMarine Transportation Centre of Dalhousie University Ocean Studies Pro-gram. Joe recently spoke on Arctic risks for the Quebec Department of CivilSecurity in Kuujjuaq. He can be reached at kjs@oceanlawcanada.com

Arctic cruise ships: the pressing need for search and rescue

There is clearly a need for increasedArctic search and rescue (SAR) capa-bility. Canada has both marine and

aviation SAR requirements and obligationsthat have been agreed to by longstandingbinding international agreements. The ques-tion is whether these SAR capabilities areadequate in view of increasing commercialand cruise ship activity.

The challenges are great with respect toSAR response capability in this vast region andthe demand will increase as shipping activityincreases. This is especially so when it comesto cruise ships that are increasingly enteringArctic waters, and present special challengesgiven the large number of passengers.

With sea-ice both thinning and dimin-ishing, it has been predicted that the finalcollapse of Arctic sea ice during the summermonths could occur within four years. Thiswill undoubtedly attract increased cruiseactivity, which has been increasing every yearsince the 1980s, from expedition adventurecruise vessels that are accustomed to operat-ing in remote locations, to the world’s largestcruise ships, which are non-ice-classed.

Even expedition cruise vessels can run

BY K. JOSEPH SPEARS AND MICHAEL K.P. DOREY

In July, The World voyaged fromVancouver through the Northwest

Passage to Newfoundland.

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into problems, witness the sinking of the M/S Explorer in Antarcticwaters on November 23, 2007, 20 hours after suffering a gash in itshull. The vessel, owned by a Canadian adventure travel company, wasno stranger to Arctic waters. Luckily, there was no loss of life, and itspassengers, crew and staff were taken aboard the Norwegian cruiseship M/S Nordnorge after taking to the lifeboats five hours earlier incalm seas. Owners of both vessels were members of the InternationalAssociation of Antarctic Tour Operators (IAATO), which had developedand implemented a contingency plan for self rescue, whereby cruisevessels were paired for mutual rescue assistance.

This incident could easily have occurred in the Canadian Arcticwhich has seen at least two serious cruise ship incidents involving theClipper Adventurer (2010) and Hanseatic (1996), in addition to othervessel groundings in recent years. The summer of 2010 witnessed thegrounding of the Clipper Adventurer on a rock near Kugluktuk inCoronation Gulf in the Western Arctic. There was no loss of life andthe conditions were calm during and after the grounding on the reef,which was known but not marked on official Canadian Hydrographicservices charts. With the assistance of the Canadian Coast Guardresearch icebreaker Amundsen, which was fortunately nearby, the 128passengers were safely disembarked. The vessel was salvaged andreturned to service.

In July of 2012, the cruise ship The World, in compliance withexisting Canadian regulations, made its way on a voyage from Van-couver through the Northwest Passage arriving in Newfoundland inSeptember. The World, not an ice-strengthened or Polar-class vessel,was likely carrying over 400 people. While the voyage was without inci-dent, how would we have responded if there had been a call forassistance?

In 2012, Lloyd's released a report entitled Arctic Opening: oppor-tunities and Risk in the High North. The 60-page risk insight report wasprepared by the British think tank Chatham House. The report indi-cated that companies that want to be among the successful operators inthe Arctic will have to manage their own risk by using technologies,services and best practices most adapted to Arctic conditions. Thereport also indicated that cruise ships present a particular challenge forship-owners, regulators and insurers. Specifically, larger cruise ships thatare moved from the Caribbean, Europe, or the Mediterranean to oper-ate in the Arctic represent a “genuine challenge.” The report went onto state:

“Clearly there is a need for protocols and strategies within thecruise ship industry to tackle the enhanced risks in the Arctic.” Withrespect to shipping, search-and-rescue infrastructure is currently insuffi-cient to meet the expected demands of economic development.”

Superimposed on this finding by the world’s leading insurancemarket is the work undertaken by the Arctic Council, which on May12, 2011 met in Nunk, Greenland to sign the Agreement on Coopera-tion on Aeronautical and Maritime Search and Rescue in the Arctic(SAR). This is the first legally binding agreement negotiated under theauspices of the Arctic Council, which generated a lot of internationalinterest and media attention. The SAR Agreement coordinates life-saving international Maritime and aeronautical SAR coverage amongthe Arctic states across an area almost the land mass of Russia.

Prior to the SAR agreement, the Arctic Council's Arctic MarineShipping Assessment 2009 report (AMSA), a four-year multinationalreview had this to say on the current state of Arctic SAR:

“Search-and-rescue infrastructure in the Arctic is limited. The mostsignificant emerging challenge to existing SAR infrastructure arises fromthe increase in marine tourism and passenger vessels operating in Arcticwaters. As large passenger vessels continue to operate more frequentlyfurther North in Arctic waters, the prospect of having to conduct massrescue operations with limited SAR resources increases. Recent growthin Arctic marine tourism is outpacing infrastructure investment, devel-opment and support throughout the region”.

The AMSA report further noted that there are potential problems

with cruise ships SAR incidents: “There are several potential problems associated with responding

to an incident aboard a cruise ship. The potential number of people thatwould have to be rescued from a cruise ship far exceeds the capacity ofmost SAR response vessels and aircraft available in the Arctic. Cruiseships have minimal capacity for self rescue. Compliance with IMOguidelines for passenger vessels are voluntary and, as a result, the plan-ning and capability for self rescue varies. Passengers are likely to beill-prepared for the weather which decreases the likelihood of survival ifthey are not rescued quickly.

The report goes on to note the problems associated with the lackof SAR infrastructure in this remote region:

“There are also a host of logistical challenges associated with thelack of shoreside infrastructure in most of the Arctic needed to accom-modate and care for those that are rescued, including the lack ofsufficient food, lodging and medical facilities. In many cases, the onlyavailable platform with the capacity to feed house rescued passengerswould be another cruise ship.”

A recent interim Senate report from the Standing Senate Commit-tee on National Security and Defence examining Canada's capabilitiesheld that there was a need for a central Arctic operating base. The reportreferenced the words of the Chief of the Air Staff who testified:

“Search and rescue is a challenging file for us,” we were told byCanada’s Chief of the Air Staff, Lieutenant-General André Deschamps.“Canada has the largest search-and-rescue area in the world”–about 15million square kilometres.”

The report quoted the former Commander of the Canadian Forcesin the North, Canadian Army Colonel (Retired) Pierre Leblanc, whoraised concerns about the need for rapid response, and echoes thewords of the Lloyd's risk report and that of AMSA with respect to timelysearch and rescue efforts. The Senate report noted:

Colonel (Retired) Leblanc, the former commander of Joint TaskForce (North), told a story to make the point. “We had a case, while Iwas a Commander, where a small aircraft travelling to Yellowknifecrashed. The crew on board survived the crash, but died of exposurebefore search and rescue arrived … Time is of the essence with searchand rescue in the High Arctic.” Colonel (Retired) Leblanc pointed outthat with SAR aircraft based in Southern Canada, it can take eight toten hours “before the aircraft will be physically over the target to dropeither SAR technicians or equipment that will provide shelter for thepeople there.

Colonel (retired) Leblanc, an Arctic veteran who has had longexperience in the North, has been a consistent advocate of providingCanadian Rangers with increased SAR capacity, along with the posi-

The Joint Rescue Co-ordination Centre Victoria is one ofthree JRCCs in Canada operated by the Canadian Forcesin conjunction with the Canadian Coast Guard.

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tioning of dedicated SAR aircraft in theregion. Canadian Rangers are reserve mem-bers of the Canadian Army, and in the Arcticare primarily Inuit who have an intimateknowledge of the land, and possess the tradi-tional skills to survive and operate year-round.They have proved their worth in SAR opera-tions time and time again. At present,Canadian Rangers do not have any dedicatedequipment other than what they personallyown and provide when called on a mission.

Presently, there are no primary SAR air-craft operating in the Arctic. Accordingly, ittakes up to eight to ten hours for SAR aircraftto make their way North from airbases inSouthern Canada – specifically Trenton,Ontario and Greenwood, Nova Scotia. Thededicated SAR aircraft are fixed-wing C-130Htransport aircraft and CH-149 Cormorant hel-icopters. The Cormorant helicopters have alimited carrying capacity and must refuel enroute because they lack in-flight refuelingcapability. Therefore, if there were a largemarine mass casualty incident, one helicopterwould have limited impact but, combinedwith fixed-wing support, could provide an ini-tial response. Any response would require theuse of all commercial vessels and secondarySAR assets, which include all government ofCanada aircraft and vessels within reasonableproximity.

SAR aircraft are operated from special-ized SAR, Transport and Rescue Squadrons ofthe Royal Canadian Air Force, flown by expe-rienced pilots used to operating in extremeconditions and manned by highly skilled SARtechnicians, who are trained paramedics andskilled in all forms of entry whether throughhelicopter winching and parachuting into anyconditions, including open ocean at night. Itis important to remember that in the Arctic itis dark for half the year.

The 2012 IMO Award for ExceptionalBravery at Sea was recently awarded to threeSAR technicians from 424 SAR, Transportand Rescue Squadron based at TrentonOntario for an October 2011 recue ofstranded Inuit hunters in a boat near Igloolik,Nunavut. Sgt Janick Gilbert, the team leader,deployed by parachute from a C-130 alongwith two other rescue personnel into deterio-rating conditions in 10-foot ice covered seas.The tether to his personal life raft severed,and he drowned attempting the rescue. Aidedby the two other technicians, the Inuithunters survived and were hoisted on board aCormorant helicopter, which arrived on thescene at first light. There is no lack of profes-sionalism in the Canadian Forces when itcomes to search and rescue in the Arctic. Weneed to provide them with new equipment todo the job.

In Canada, SAR is a shared responsibilitywith the lead provided by the Department ofNational Defense. The Canadian Forces have

the primary responsibility for the provision ofair SAR services whereas the Canadian CoastGuard is responsible for maritime SAR. Thecountry is divided into individual SAR regionswith overall command held by the rankingCanadian Forces flag officer. Canada JointOperations Command is the responsible armof the Canadian Forces and brings all Cana-dian Forces assets to respond to a SARincident as required on a secondary basis.Joint Rescue Coordination Centers (JRCC) areset up in three locations for the coordinationof SAR activities. This coordination is an often

overlooked but critically important element ofCanada’s SAR capability, especially as it relatesto the Arctic and Marine mass casualty inci-dents where the experience of SAR controllerswith operational experience is key. For theArctic, the two main JRCCs are located atTrenton, Ontario and Halifax, Nova Scotia.

Due to its vast size and range of envi-ronments, Canada relies on diverse group ofgovernment, military, and volunteer person-nel to provide overall SAR services. Canadahas developed a comprehensive nationalsearch-and-rescue program. The National

Canadian Forces aircrew of 440 (Transport) Squadron completes a re-supply mission to Milne Fiord, Nunavut,during Operation Nunalivut 10.

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SAR Secretariat reporting to the Minister ofNational Defense is tasked with the develop-ment of a SAR policy and has been workingon an Arctic SAR strategy for some time.

In the United States, the Commandantof the U.S. Coast Guard (USCG), AdmiralPapp, in candid testimony to the U.S. Senatemade it clear that USCG has limited ArcticSAR capability. Canada and the United Stateshave signed joint SAR agreements with oneanother, which are long-standing. There is aclose working relationship between the twocountries on search and rescue. The SARagreement is seen as a step forward for SARcoordination and cooperation in the Arcticregion, and the sharing of information andbest practices between all Arctic nations. Afterthe signing in 2011, a tabletop exercise washeld in Whitehorse, Yukon Territory with afollow-up actual exercise hosted by Denmarkin Greenland this past September. However,these exercises do not create capability, espe-cially as it relates to cruise ships, which is theresponsibility of the individual coastal state.

USCG has done a lot of work on MassRescue Operations (MRO). It has been saidthat mass rescue operational planning is morecritical than ever, but often remains “under-valued by SAR organizations who areresponders, not planners”. When it comes to

the Arctic, we need a much more compre-hensive plan, which needs to include thevessel owners and operators. The MRO plan-ning guide states: “the success of an MRO iscontingent upon seamless efforts of searchand rescue agencies, the company, mutualassistance assets and good samaritans. Suc-

cess is also contingent upon effective plansand exercising those plans.” USCG plans toconduct a full-scale exercise called BlackSwan involving a cruise ship in April 2013 offthe coast of Florida.

In Canada, the National SAR ManualAnnex 7B deals with major maritime disastercontingency plans. It states: “there is no fun-damental distinction between a majormaritime disaster and other maritime distressincidents except in scale, and in the scope ofthe response required.” While Canada con-tinues to host Operation Nanook in the Arcticeach August, there has been no large-scalemass rescue exercise. Until the inevitablehappens, as a coastal nation we do not knowwhether we are ready to handle a major inci-dent like the Costa Concordia.

All of the recent incidents in the Arcticinvolving cruise ships have involved ground-ings, and were not incidents caused by icecontact. As the sea ice diminishes, cruiseships will venture into new waters as part oftheir owners selling more exciting cruiseproducts. There is presently a lack of hydro-graphic charting with only 10 per cent ofCanadian Arctic waters charted to a modernstandard. There is also no requirement forcompulsory pilotage like there is on Canada’sWest Coast and East Coast. Marine incidentscan and will happen even in Southern watersthat have modern navigation aids and accu-rate charting, if only due to human factors. Itis not a matter of if, but rather when a marineincident will happen in the Arctic.

Canadian Arctic SAR capability requiresus to have a comprehensive discussion to crit-ically analyze and review our ability torespond to potential cruise ship incidents.This needs to include officials of local govern-ments and Inuit communities, as well as shipoperators, owners and marine insurers. A

Transport Canada Dash-7 on patrol in the Arctic.

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mechanism for dialogue needs to be developed to integrate the knowl-edge and expertise of all interested parties on an ongoing basis. Thiscan be a component of the ongoing development of the Polar Code (seeprevious article) if it involves all Arctic nations and flag states. This willlead to greater resiliency in the Arctic SAR system.

We also need to examine the depth of potential private SAR assetsthat may be available at any given time. For example, there are oftenprivate helicopters in the Arctic, useful in an incident, but there is noactive database of such potentially available assets.

In the Arctic, communications are always a problem. There is apotential role for space-based AIS to ascertain location of potential SARassets. The Canadian Rangers also need to play a much more active rolein SAR response, as they live in the region. There is much to be learnedfrom USCG's comprehensive approach to Marine Mass Rescue opera-tions and adopt this in the Arctic through the work of the ArcticCouncil. The SAR Agreement is a good start but the world is coming tothe Arctic.

Canada and other Arctic nations need to be ready. The groundingincidents in Canadian Arctic waters are a wake-up call for action. SARcapacity and capability building – combined with the development ofthe Polar Code – will lead to the harmonization of a risk-based approachto Arctic shipping and minimize SAR requirements. We can develop atruly comprehensive Polar Code and learn from the Antarctic experi-ence which has been proven to be helpful in dealing with cruise shipincidents as the M/S Explorer SAR response in the remote waters of theAntarctic has demonstrated. The time to start building SAR capability bygovernments and vessel owners and operators is long before incidentsoccur. We in Canada, as an Arctic nation, need to move forward onArctic SAR as fast as the sea-ice is receding so “others may live”.

Joe Spears, Maritime Counsel and principal of Horseshoe Bay Marine Grouphas been involved in Arctic SAR for many years and has undertaken work forthe National Search and Rescue Secretariat, worked as Rescue Coxswainwith the Canadian Coast Guard, and instructed the Canadian Rangers of2CRPG of Nunavik on Arctic SAR. He can be reached at kjs@oceanlaw-canada.com.

Mike Dorey retired as a Lieutenant Colonel in the Canadian Air Force. He isa military helicopter pilot with 5,600 hours, including flying with 442 SARSquadron, flight instructor and chief check pilot. He was OIC of Halifax RCC,Commanding Officer of both 413 SAR, Transport and Rescue Squadron(Greenwood) and 103 Rescue Unit (Gander), and an Air Attache in Wash-ington, DC, among other postings in a 38-year career.

The Canadian Forces have the primary responsibility forthe provision of air SAR services whereas the CanadianCoast Guard is responsible for maritime SAR.

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