Comment Request for Lindblad Expeditions Amendment Request with the Canadian Wildlife Service for Arctic Quest

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1 Programs, Environmental Services P.O. Box rd Floor, 344 Edmonton Street Winnipeg, Manitoba R3C 0P6 Your file Votre reference 13AN020 Our file Notre reference May 30, 2014 Heather Rasmussen Technical Advisor Nunavut Impact Review Board P.O. Box 1360 Cambridge Bay, NU, X0B 0C0 RE: Comment Request for Lindblad Expeditions Amendment Request with the Canadian Wildlife Service for Arctic Quest Dear Heather Rasmussen: On May 20, 2014 Transport Canada received correspondence from the Nunavut Impact Review Board (NIRB) requesting parties to provide comments on the revised Lindblad Expeditions (Proponent) Amendment Request with the Canadian Wildlife Service for Arctic Quest project proposal pursuant to the previous Part 4 screening decision. After reviewing the summary list of main project activities and components, Transport Canada s understanding of the proposed project is as follows: The proposed project is a ship-based journey that would explore the Canadian Arctic. The project activities include: (1) use of a cruise vessel/ship including accommodations for approximately 246 people; (2) brief visits within the North and South Baffin Regions to Pond Inlet, Iqaluit, Arctic Bay, Resolute Bay, Clyde River and Kimmirut, including Bylot Island and Prince Leopold Island, Kekerton Territorial Park, Dundas Harbour and Beechey Island; (3) use of zodiacs and kayaks for travel between the ship and shore; (4) storage of all fuels onboard ship; (5) sewage (15 cubic metres per day [m3/day]) and greywater (40 m3/day) will be treated onboard with an approved marine sanitation device and discharged at a speed of no less than 4 knots when the ship is beyond 12 nautical miles (nm) from shore whenever possible and beyond 3 nm in all cases as required by Marpol Annex V and the Canadian Arctic Pollution Prevention Regulations; and (6) operation of two cruise itineraries: the Northwest Passage, Iceland and Greenland and the Northwest Passage, Newfoundland and Labrador; alternate cruise routes to include the Kivalliq and Kitikmeot Regions and brief visits to Gjoa Haven, Cambridge Bay and Kugluktuk, including Devon Island, Fort Ross, Somerset Island, Victory Point, and King William Island. Transport Canada offers the following comments for consideration on the proposed journey with respect to our interests and mandate:

2 Marine Safety and Security Vessels The passenger vessel, M/V National Geographic Explorer is a foreign vessel under the Bahama Flag and classed with the classification society Det Norske Veritas (DNV). All vessels transiting through and operating in Canadian Arctic waters are required to comply with the Arctic Waters Pollution Prevention Act (AWPPA), Canada Shipping Act, 2001 (CSA 2001), Marine Liability Act (MLA), Coasting Trade Act (CTA) and respective enabling regulations, in particular the following under the AWPPA: Arctic Shipping Pollution Prevention Regulations (ASPPR); Arctic Waters Pollution Prevention Regulations (AWPPR); Charts and Nautical Publications Regulations, 1995; Navigation Safety Regulations; Ship Station (Radio) Regulations, 1999; Shipping Safety Control Zones Order; and Steering Appliances and Equipment Regulations. The AWPPA establishes a zero-discharge regime. The Act prohibits discharges from oil, chemicals, garbage and other wastes generated onboard. MARPOL (International Convention for the Prevention of Pollution from Ships) discharge limits do not apply in the Canadian Arctic except for the air pollution standards, pollution reporting requirements, and standards for antifouling coatings on the hull. The ASPPR provides that Transport Canada, Marine Safety or certain classification societies members of the International Association of Classification Societies (IACS), as well as classification societies listed in Section 13 of the ASPPR may issue an Arctic Pollution Prevention Certificate to a vessel intending to navigate within an Arctic shipping safety control zone, attesting to the Ice Class of the vessel and its compliance with the ASPPR. It is strongly recommended that any vessel intending to navigate within a shipping safety control zone obtain this certificate prior to entry into Canadian Arctic waters. Two complementary vessel control systems have been established under the ASPPR which take into account the vessel s capability to operate safely based on the level of ice strengthening and the ice conditions it will encounter: 1. Under the Zone/Date System, Canadian Arctic waters are divided into 16 shipping safety control zones. A vessel is allowed to operate in a particular zone between the dates that correspond to its Ice Class. Zone numbering indicates the relative severity of ice conditions from Zone 1, being the most severe, to Zone 16 being the least. For more information on Shipping Safety Control Zones, please visit: To navigate the Shipping Safety Control Zones, a vessel must meet prescribed construction standards. Vessel owners must determine the Class or Type of vessels before they can establish the zone date entry, please visit: 2. The Arctic Ice Regime Shipping System (AIRSS) was developed to complement the Zone/Date System and provides a more flexible framework for decision-making. The AIRSS allows operators to navigate outside the Zone/Date limits when ice conditions 2

3 permit. The AIRRS requires the calculation of an Ice Numeral, based on actual ice conditions and factors related to the strength of the vessel. Vessels are allowed to enter ice regimes assessed as having a positive Ice Numeral. Vessel operators are required to send ice numeral calculations to Transport Canada for review and authorization to navigate outside a Zone/Date limit. Section 26 of ASPPR provides requirements for Ice Navigators when operating in Arctic Waters In addition, should the vessel owner intend to operate under the CTA, the vessel must apply for a Coasting Trade Licence. Vessel Reporting The Northern Canada Vessel Traffic Services Zone Regulations formally establish the Northern Canada Vessel Traffic Services (NORDREG) Zone, which includes the shipping safety control zones prescribed by the Shipping Safety Control Zones Order. The regulations are consistent with international law regarding ice-covered areas, and implement the requirements for vessels to report information prior to entering, while operating within and upon exiting Canada s northern waters including reporting on pollution incidents. Additional Information Annual Notices to Mariners Section 7A of the Canadian Coast Guard (CCG) Publication Annual Notices to Mariners provides additional advice for voyage planning in Canadian Northern waters, please visit: Shipboard Oil Pollution Emergency Plan (SOPEP) Please note that vessel s SOPEP should be approved by the administration (either the flag state or classification society acting on behalf of the flag). The Proponent is to ensure that the SOPEP and voyage planning in the Arctic take into consideration remoteness and reality of operations, particularly in regard to responding to a spill and seeking outside assistance. Vessels are highly recommended to have towing/salvage arrangements in place before commencing voyage across the Arctic and consult the CCG in regards to search and rescue and possible ice breaker assistance. Marine Security The Proponent must ensure they understand their regulatory responsibilities under Canada's Marine Security system for their voyage in the Arctic. The following sections of Part 2 of the Marine Transportation Security Regulations (MTSR) must be complied with: MTSR Section 261(4) requires that every cruise ship operator shall ensure that an authorized screening of each person and their goods is carried out to ensure compliance with subsection (1), which states, no person shall possess or carry a weapon, explosives or incendiaries on board a cruise ship. The Proponent and Master must have a copy of the Cruise Ship and Cruise Ship Terminal Security Measures (CSTCM) and be aware of their regulatory obligations. Section 3, 4 and 5 of the CSTCM stipulate measures that must be complied with when conducting on-board security 3

4 procedures of authorized screening of persons and their carry-on baggage as well as their checked baggage. MTRS Section 228 requires vessel operators to complete a Declaration of Security (DOS) before the vessel interfaces with another vessel or a marine facility if: they are operating at different MARSEC (three-tiered United States Coast Guard Maritime Security system) Levels (stipulated by Transport Canada); one of them does not have a Security Plan approved by their contracting government; the interface involves a cruise ship or the carrying, loading or transfer of dangerous cargoes; or, a Security Officer of either the vessel or marine facility identifies security concerns. The Proponent must complete a DOS each time they put down anchor or moor at a wharf or land structure in the Arctic. This DOS establishes the security measures the vessel operator will conduct to protect the vessel, crew and passengers during that time they are interfacing with isolated and unmanned marine facilities. MTSR Section 236 requires vessel operators to control access to the vessel. This is usually achieved through roving patrols, monitoring of gangways and verifying identities of persons wishing to board the vessel. (e.g. passengers with tickets, government inspectors with credentials, Marine Facility Security Officers, etc.). Therefore, each time a passenger leaves the vessel and wishes to re-board, the vessel operator must verify them as passengers (usually against a passenger manifest) and log this information. MTSR Section 240 requires vessel operators to identify the navigation bridge, machinery spaces, control stations, surveillance equipment, ventilation systems, potable water tanks / pumps, areas containing dangerous goods, cargo pumps, cargo spaces, ships stores and crew accommodations as Restricted Areas. The Master and crew must limit access to these areas to persons who require access to them, thereby reducing the possibility of tampering with critical assets on the vessel. MTSR Section 244 requires vessel operators to inspect cargo before it boards the vessel to ensure that no weapon, explosive or incendiary device is introduced to the vessel. Transport Canada may inspect records to ensure this is being completed. MTSR Section 248 requires vessel operators to inspect and validate ships stores for signs of tampering before loading it on the vessel. This includes groceries, etc. brought onboard. Transport Canada may inspect records to ensure this is being completed. The Proponents Ship Security Officer or the Ship Security Officer of the vessel, when interfacing with isolated and unmanned facilities, is required too: a) ensure that security sweeps on the landside are performed before the interface; b) maintain security awareness and vigilance at the isolated unmanned marine facility; c) report any security threats, breaches and incidents to appropriate law enforcement agencies and the Minster without undue delay; d) provide a copy of each DOS to the Minister; and e) keep records of security sweeps and DOS for 2 years. The Proponent must advise Transport Canada of any changes to the attached itineraries, while on all voyages in the Canadian Arctic by sending a facsimile to (204)

5 Transport Canada appreciates the opportunity to comment on the revised Lindblad Expeditions Amendment Request with the Canadian Wildlife Service for Arctic Quest project proposal. Should you have any questions regarding Transport Canada s comments concerning this project, please contact me via at meighan.andrews@tc.gc.ca or by telephone at (204) Regards, Meighan Andrews Superintendent EA North 5