Meeting the Deadline: Canada's Arctic Submission to the Commission on the Limits of the Continental Shelf

Abstract

Seafloor highs can be grouped into three legal categories: (i) oceanic ridges; (ii) submarine ridges; and (iii) submarine elevations. The Commission on the Limits of the Continental Shelf recognizes that the foot of slope serves as the qualifier to distinguish oceanic ridges from the two other categories. The Commission established a view that the sole qualifier for a submarine ridge is its morphological continuity with the continental margin. A submarine elevation needs also to share geological characteristics with the rest of the continental margin. Recent recommendations suggest that the Commission may have complicated its view in this respect.     

The Seafloor High Issue in Article 76 of the LOS Convention: Some Views from the Perspective of Legal Interpretation

The three categories of the seafloor highs provided for in Article 76 of the 1982 United Nations Convention on the Law of the Sea should be interpreted from the legal perspective and in light of the principle of the natural prolongation. “Oceanic ridges of the deep ocean floor,” which are not part of the natural prolongation of the land territory of the coastal state, are the submarine features that have no geomorphological continuity with the landmass of the coastal state. “Submarine elevations,” which are not only part of the natural prolongation of the land territory of the coastal state but also the natural component of the continental margin, are those submarine features that have geomorphological as well as geological continuity with the landmass of the coastal state. “Submarine ridges,” which are part of the natural prolongation of the land territory of the coastal state but not the natural component of the continental margin, are those submarine features that have geomorphological continuity with the landmass of the coastal state. There are some clear trends as well as obvious variances in the practice of the Commission on the Limits of the Continental Shelf in this regard.     

Third Party Intervention in the Commission on the Limits of the Continental Shelf Regarding a Submission Involving a Dispute

The Commission on the Limits of the Continental Shelf (CLCS) was established in accordance with Article 76 of the Law of the Sea Convention. CLCS has the mandate to consider data submitted by coastal states concerning the outer limits of their continental shelf in areas where those limits extend beyond 200 nautical miles and to make recommendations to the submitting state on matters related to the establishment of the limits. For third parties that have actual or potential disputes, unresolved borders, or unresolved land or maritime disputes with the submitting state, the recommendations of the CLCS can be very sensitive. The focus of this article is on the practice of third parties in responding to submissions and how third parties have constructed their Notifications.     

Submarine Elevations and Ridges: Wild Cards in the Poker Game of UNCLOS Article 76

Submarine elevations and ridges present an array of definitional uncertainties to coastal states that are engaged in the high-stakes process of delimiting extended continental shelves. Faced with the imprecise terminology of Article 76, with the nonspecific wording of the Scientific and Technical Guidelines of the Commission on the Limits of the Continental Shelf (CLCS), and with the Commission's rules of confidentiality that hamper the open exchange of information concerning ridge and elevation assessments in previous continental shelf implementations, a coastal state needs to develop its own evaluations of what might and might not pass the “test of appurtenance.” Significant components of a continental shelf submission might thus be formulated on the basis of these national evaluations, only to have the CLCS question them, which could necessitate a potentially expensive and time-consuming reworking of the submission. This article outlines the ramifications of this wild card effect.     

Identification of the Base of the Continental Slope on Sedimentary Fans

Comparative studies of the Recommendations of the Commission on the Limits of the Continental Shelf in regard to the identification of the base of the continental slope region on submarine fans arguably reveal discrepancies in the approach utilized by the Commission. The base of slope off Norway was identified on the basis of a geomorphological analysis with the support of geological and geophysical data in addition to bathymetric and morphological data. Contrariwise, in the case of Brazil it appears that the absolute values of the seafloor gradients on the slope and rise are guiding the Commission's appreciation of the base of slope region.     

Russia's Revised Arctic Seabed Submission

This article identifies the key aspects of the Partial Revised Submission of the Russian Federation with respect to continental shelf areas beyond 200 nautical miles in the Arctic Ocean. It focusses on pro- cedural and substantive legal issues, including how seafloor highs were legally classified and how Russia used referenced “sector lines” to determine the outer limits of its shelf.     

“Openness” and Article 76 of the Law of the Sea Convention: The Process Does Not Need to Be Adjusted

The establishment of the outer limits of the continental shelf beyond 200 nautical miles under Article 76 of the United Nations Convention on the Law of the Sea, which requires states to submit information to the Commission on the Limits of the Continental Shelf (CLCS), is a complex and costly process. States have an interest in being aware of the kind of information that the Commission is expecting to receive. States also have an interest in being able to assess whether the coastal state in establishing these outer limits has acted on the basis of the recommendations of the Commission, as is required by the Convention. Both these issues have led to calls for greater “openness” with respect to the consideration of submissions by the CLCS. This article takes a close look at the proposals that have been advanced to accomplish greater openness and concludes that there is no need to change the current process, which offers sufficient opportunities to deal with the above-mentioned concerns. It is further concluded that the proposed changes in any case do not stand any chance of being adopted.     

A Note on the European Union's Integrated Maritime Policy

This article analyses the characteristics of the Commission on the Limits of the Continental Shelf as an international decision-making institution in the process of establishing the seaward limits of the continental shelf beyond 200 nautical miles from the baselines of the territorial sea under Article 76 of the 1982 UN Convention on the Law of the Sea. The Commission may be compared to scientific bodies established to give advice relating to the implementation of treaty provisions. However, in the exercise of its functions, the Commission also performs legal-administrative tasks, and its recommendations to individual coastal states entail significant legal effects; for instance, as a means of interpretation under the Vienna Convention on the Law of Treaties. The Commission's functions and competencies must be taken into account in classifying and understanding this unique international institution.     

Submarine Communications Cables and Law of the Sea: Problems in Law and Practice

Submarine communications cables laid on the seabed of the ocean are the foundation of the world's international telecommunications network. International law, in particular, the law of the sea, has recognized the freedom to lay submarine cables and perform associated operations and has placed certain obligations on states related to the protection of submarine cables. This article examines the international law with respect to submarine cables and discusses the various problems with both the law and state practice on submarine cables. It argues that these problems are illustrations of the traditional challenges that face the law of the sea; that is, the balancing and accommodation of competing uses of ocean space. It concludes that an important step toward resolving these problems is enhanced consultation and cooperation between cable companies and governments and that efforts should focus on creating such mechanisms.     

Marine Litter Distribution and Density in European Seas,from the Shelves to Deep Basins

Anthropogenic litter is present in all marine habitats, from beaches to the most remote points in the oceans. On the seafloor, marine litter, particularly plastic, can accumulate in high densities with deleterious consequences for its inhabitants. Yet, because of the high cost involved with sampling the seafloor, no large-scale assessment of distribution patterns was available to date. Here, we present data on litter distribution and density collected during 588 video and trawl surveys across 32 sites in European waters. We found litter to be present in the deepest areas and at locations as remote from land as the Charlie-Gibbs Fracture Zone across the Mid-Atlantic Ridge. The highest litter density occurs in submarine canyons, whilst the lowest density can be found on continental shelves and on ocean ridges. Plastic was the most prevalent litter item found on the seafloor. Litter from fishing activities (derelict fishing lines and nets) was particularly common on seamounts, banks, mounds and ocean ridges. Our results highlight the extent of the problem and the need for action to prevent increasing accumulation of litter in marine environments.     

Can the United States Establish the Outer Limits of Its Extended Continental Shelf Under International Law?

Although most provisions of the United Nations Convention on the Law of the Sea are regarded customary international law and the United States views most of its provisions as such, the outsider status of the United States causes problems in some areas, especially concerning the continental shelf beyond 200 nautical miles. This article asks whether it is possible for the United States to establish the outer limits of its continental shelf beyond 200 nautical miles in line with international law without becoming a state party to the convention, and if that is possible, how could the United States proceed?     

Submarine canyons: hotspots of benthic biomass and productivity in the deep sea

Submarine canyons are dramatic and widespread topographic features crossing continental and island margins in all oceans. Canyons can be sites of enhanced organic-matter flux and deposition through entrainment of coastal detrital export, dense shelf-water cascade, channelling of resuspended particulate material and focusing of sediment deposition. Despite their unusual ecological characteristics and global distribution along oceanic continental margins, only scattered information is available about the influence of submarine canyons on deep-sea ecosystem structure and productivity. Here, we show that deep-sea canyons such as the Kaikoura Canyon on the eastern New Zealand margin (42°01′ S, 173°03′ E) can sustain enormous biomasses of infaunal megabenthic invertebrates over large areas. Our reported biomass values are 100-fold higher than those previously reported for deep-sea (non-chemosynthetic) habitats below 500 m in the ocean. We also present evidence from deep-sea-towed camera images that areas in the canyon that have the extraordinary benthic biomass also harbour high abundances of macrourid (rattail) fishes likely to be feeding on the macro- and megabenthos. Bottom-trawl catch data also indicate that the Kaikoura Canyon has dramatically higher abundances of benthic-feeding fishes than adjacent slopes. Our results demonstrate that the Kaikoura Canyon is one of the most productive habitats described so far in the deep sea. A new global inventory suggests there are at least 660 submarine canyons worldwide, approximately 100 of which could be biomass hotspots similar to the Kaikoura Canyon. The importance of such deep-sea canyons as potential hotspots of production and commercial fisheries yields merits substantial further study.     

Geochemical and Visual Indicators of Hydrothermal Fluid Flow through a Sediment-Hosted Volcanic Ridge in the Central Bransfield Basin (Antarctica)

In the austral summer of 2011 we undertook an investigation of three volcanic highs in the Central Bransfield Basin, Antarctica, in search of hydrothermal activity and associated fauna to assess changes since previous surveys and to evaluate the extent of hydrothermalism in this basin. At Hook Ridge, a submarine volcanic edifice at the eastern end of the basin, anomalies in water column redox potential (E_h) were detected close to the seafloor, unaccompanied by temperature or turbidity anomalies, indicating low-temperature hydrothermal discharge. Seepage was manifested as shimmering water emanating from the sediment and from mineralised structures on the seafloor; recognisable vent endemic fauna were not observed. Pore fluids extracted from Hook Ridge sediment were depleted in chloride, sulfate and magnesium by up to 8% relative to seawater, enriched in lithium, boron and calcium, and had a distinct strontium isotope composition (⁸⁷Sr/⁸⁶Sr  = 0.708776 at core base) compared with modern seawater (⁸⁷Sr/⁸⁶Sr ≈0.70918), indicating advection of hydrothermal fluid through sediment at this site. Biogeochemical zonation of redox active species implies significant moderation of the hydrothermal fluid with in situ diagenetic processes. At Middle Sister, the central ridge of the Three Sisters complex located about 100 km southwest of Hook Ridge, small water column E_h anomalies were detected but visual observations of the seafloor and pore fluid profiles provided no evidence of active hydrothermal circulation. At The Axe, located about 50 km southwest of Three Sisters, no water column anomalies in E_h, temperature or turbidity were detected. These observations demonstrate that the temperature anomalies observed in previous surveys are episodic features, and suggest that hydrothermal circulation in the Bransfield Strait is ephemeral in nature and therefore may not support vent biota.     

海底热液环境中嗜中性微需氧铁氧化菌的多样性、生物矿化作用及其代谢特征

铁元素是深海热液活动产物的主要成分之一,也是热液喷口处化能自养微生物生态系统的重要驱动元素。以Zetaproteobacteria为典型代表的嗜中性微需氧铁氧化菌是海底喷口及其周围环境中生物介导的Fe²⁺氧化这一生物矿化作用的主要驱动者。这些铁氧化菌通过氧化Fe²⁺获取维持自身代谢所必需的能量,同时分泌有机质将氧化后的不溶铁（氧化物或氢氧化物）沉淀于细胞外,形成具有螺旋丝带状、中空长杆状、分叉管状以及其他具有特殊形貌特征的显微结构体,进而堆积成广泛分布于海底的富铁氧化物/氢氧化物。越来越多的研究表明,编码细胞色素孔蛋白的cyc2基因是Zetaproteobacteria铁氧化菌进行Fe²⁺氧化的关键基因,而细胞色素c或其他周质细胞色素则是Fe²⁺氧化过程中的关键电子传递载体。基于宏基因组分析的系列研究揭示了Zetaproteobacteria普遍具有多种与氮、硫、氢以及砷元素循环密切相关的功能基因与代谢途径,暗示了其在上述元素循环过程中的潜在作用。本文系统地总结了海底热液喷口及其周围环境中发现的嗜中...     

Wheat Germ Lectin Sorption by Chitosan Polyelectrolyte Complexes

The possible application of polyelectrolyte complexes (PEC) of chitosan and copolymers of maleic acid with N-vinylpyrrolidone, styrene, and ethylene and/or cross-linked chitin sorbents (CLCS) synthesized on the basis of PEC for sorption of wheat germ lectin (WGL) was studied. The synthesis of spherically granulated sorbents was shown. Compared to unmodified chitosan, there was a significant increase in sorption capacity of WGL by the sorbents: PEC, 2.5-fold, and CLCS, from 3.5-fold to 7-fold.     

Using novel acoustic and visual mapping tools to predict the small-scale spatial distribution of live biogenic reef framework in cold-water coral habitats

Coral Reefs - Cold-water corals form substantial biogenic habitats on continental shelves and in deep-sea areas with topographic highs, such as banks and seamounts. In the Atlantic, many reef and...     

Submarine Telecommunication Cables in Disputed Maritime Areas

There are a considerable number of maritime areas where no boundary exists, or where a boundary is delimited only in part. This article deals with the issue of submarine telecommunication cables, which are sometimes placed on the seabed or buried in the subsoil of areas that are claimed by multiple states, and identifies specific issues that arise in the context of areas of overlapping claims.     

Spatio-temporal distribution of sperm whales (Physeter macrocephalus) off Kaikoura,New Zealand,in relation to bathymetric features

Using a shore-based station we monitored the position of sperm whales (Physeter macrocephalus) within the Kaikoura submarine canyon from 2010 to 2012. We tracked sperm whales using a theodolite station for a total of 290 days. We extracted the distance from the nearest coast, the depth and the bathymetric slope using ArcGIS 10.1. We estimated the seasonal spatial distribution of sperm whales using general additive models. The distribution varied significantly between seasons; individuals were found in deeper water and further offshore in the spring than in winter. This study improved our understanding of the variability of sperm whale distribution patterns off Kaikoura. We determined that the distribution was linked to the bathymetric features and we hypothesized that whales adapted their use of the submarine canyon in relation to food aggregation. We would encourage further studies to evaluate the sperm whale relationship with oceanographic variables off Kaikoura.     

Assessment of Habitat Representation across a Network of Marine Protected Areas with Implications for the Spatial Design of Monitoring

Networks of marine protected areas (MPAs) are being adopted globally to protect ecosystems and supplement fisheries management. The state of California recently implemented a coast-wide network of MPAs, a statewide seafloor mapping program, and ecological characterizations of species and ecosystems targeted for protection by the network. The main goals of this study were to use these data to evaluate how well seafloor features, as proxies for habitats, are represented and replicated across an MPA network and how well ecological surveys representatively sampled fish habitats inside MPAs and adjacent reference sites. Seafloor data were classified into broad substrate categories (rock and sediment) and finer scale geomorphic classifications standard to marine classification schemes using surface analyses (slope, ruggedness, etc.) done on the digital elevation model derived from multibeam bathymetry data. These classifications were then used to evaluate the representation and replication of seafloor structure within the MPAs and across the ecological surveys. Both the broad substrate categories and the finer scale geomorphic features were proportionately represented for many of the classes with deviations of 1-6% and 0-7%, respectively. Within MPAs, however, representation of seafloor features differed markedly from original estimates, with differences ranging up to 28%. Seafloor structure in the biological monitoring design had mismatches between sampling in the MPAs and their corresponding reference sites and some seafloor structure classes were missed entirely. The geomorphic variables derived from multibeam bathymetry data for these analyses are known determinants of the distribution and abundance of marine species and for coastal marine biodiversity. Thus, analyses like those performed in this study can be a valuable initial method of evaluating and predicting the conservation value of MPAs across a regional network.