3) Owners or masters of vessels intending to navigate the NSR must provide advance notice of their entry and passage to the Russian authorities in documentary form. The document is examined and the applicant is then notified of the status of approval, based on various conditions of the vessel.
4) The MOH, which is the control and service agency of the Russian government, acting on the basis of MSC and FESCO, controls ship traffic in the NSR. The MOH reports to the Administration of the Northern Sea Route.
Key problems in Russia's legal framework
In INSROP, a number of controversies surround the coordination of Russia's regulations on shipping in the NSR with UNCLOS. The main points of contention are listed below; opinion varies widely regarding the range of seas covered and the transit fees levied. Despite these problems, it is impossible to navigate the NSR without abiding by Russia's regulations on shipping in the NSR.
1) Transit fees are levied on ships traveling the NSR, based on each ship's type and deadweight tonnage, citing reasons of safety and risk in environmental preservation. It is unclear, however, whether Russian ships are also subject to these fees. If they are not, this constitutes a violation of Article 234, which requires that regulations be applied without discrimination. Neither Canada nor the United States levies such transit fees.
2) Transit fees may be levied for services rendered, but the forcible extraction of payment for passage alone is a violation of Article 26 of UNCLOS, which recognizes the right of unhindered passage. Still less can such fees be extended to an exclusive economic zone.
3) Article 230 of UNCLOS provides only for financial compensation in the event of damage caused by foreign ships. Except for grievous pollution caused by negligence, appropriate limits are placed within territorial waters. Under current Russian law, however, violations of environmental law in the exclusive economic zone are subject to fines. Moreover, where necessary vessels may be detained, crew members arrested and violators expelled.
4) Article 234 recognizes rights within the country's special economic zone. Current Russian law is vague regarding whether that zone is limited to 200NM or not, defining its area of jurisdiction as the "marine area adjacent to the northern coast." This could be interpreted to include the high seas beyond the special economic zone. The United States clearly limits its jurisdiction to its special economic zone, and Canada establishes a range of 100NM from the shore. Russia's expression, which could be taken to include the high seas, is not accepted in international law.
Canadian Arctic Shipping Polluetion Prevention Regulations (CASPPR)
In Canada's Northwest Passage, which links Baffin Bay to the Beaufort Sea, the Canadian government has declared that the waters of the Arctic Archipelago constitute internal waters, since the territorial waters extending 12NM from shore overlap throughout the straits between these numerous islands. Canada has also stipulated territorial waters and exclusive economic zones, through which Canada grants permission to navigate provided such ships satisfy Canadian environmental law. Canada's special economic zone is set not at 200NM from shore but at 100NM. Although the United States and other countries object to these provisions, American ships obey Canadian law when navigating these waters. As reference, a schematic view of all legal demarcations in the Arctic Ocean, including the NSR, is provided below (Figure 4.3-1, WP-75).
