Improving the Polar Code to better protect Arctic waters

As sea ice disappears, new shipping routes are opening up in the Arctic, bringing more ships into the region. But navigating Arctic waters poses unique challenges for ships and their crews. Freezing temperatures, unpredictable weather, sea ice and icebergs can all put vessels at risk, if proper measures aren’t taken.

In 2017, the International Code for Ships Operating in Polar Waters, or Polar Code, was adopted by the International Maritime Organization (IMO) to provide a clear set of rules to protect not only ships and crews, but also Indigenous communities and wildlife which depend on the fragile marine ecosystem of the Arctic. For the first time, it set out a series of measures and guidelines for all ships operating in the waters of the polar regions.

Addressing the gaps in the Polar Code

In 2021, WWF’s Arctic Programme conducted a review to identify gaps and challenges in implementing the Polar Code. It revealed that the code does not go far enough in preventing accidents or pollution that could have catastrophic consequences for marine life in Arctic waters.

For instance, the code doesn’t address some of the environmental risks posed by ships such as grey water discharge from sinks and showers, air pollution and underwater noise. In fact, there are no restrictions on the underwater noise produced by ships’ propellers and on-board machinery. But this ship-generated noise often masks other sounds that are vital for Arctic marine mammals’ communication and survival. As more ships arrive in the Arctic, noise levels are expected to increase, which could have devastating effects for Arctic species such as bowhead whales, belugas, narwhal, and walruses.

Ensuring ships can withstand the harsh conditions of Arctic waters

The code categorizes vessels according to their ability to withstand sea ice. Category A and B ships must have hulls that are strong enough to deal with more challenging ice conditions. While Category C includes a wide range of ships—from those with ice strengthening that enables them to operate in nearly 1 metre thick first year ice, to vessels allowed to operate in up to 15cm thickness of first year ice without ice strengthening. But both new and first year ice can be thicker than expected or can be mixed with multi-year ice. If a Category C ship encounters thicker ice along its route, it could end up being stranded, having its hull penetrated, or sink altogether, putting its crews and the environment at risk.

The code also originally didn’t apply to fishing vessels, pleasure yachts, and small cargo vessels (under 500 gross tonnage). The IMO subsequently developed voluntary guidelines for both fishing vessels and pleasure yachts. But even these guidelines are limited to fishing boats 24 metres and longer. This is despite WWF’s findings that fishing vessels between 10 and 24 metres are the most likely to be involved in accidents, damaged or lost in Arctic waters. In fact, these boats accounted for almost half of incidents between 2005 and 2017.

Since Arctic communities depend on ships for supplies and fishing, it is critical that these smaller vessels are equipped to handle the harsh conditions of the Arctic. That’s why WWF believes the Polar Code should be amended to ensure all vessels operating in the Arctic are able to deal with the ice conditions they might encounter.

Providing crews with the tools and data they need to stay safe

The code also falls short when it comes to ensuring that crews have the training, tools and information they need to safely navigate ice-covered waters. Many vessels don’t have navigational experts with the local knowledge needed to operate in the Arctic.

As sea ice decreases, ships are often travelling through corridors where vessels have not been before, and for which there may be limited hydrographic information. The code needs to be amended to require ship’s masters to access the most up to date data available so they can avoid encountering uncharted hazards. Ships also need to be inspected to ensure they have additional navigation aids like forward-looking sonar so that they can avoid risks.

The Russian passenger vessel Akademik Ioffe is a prime example of what can happen when this doesn’t happen. In August 2018, the ship ran aground on an uncharted shoal in a remote area of the Canadian Arctic. The ship’s hull was damaged and luckily only approximately 81 litres of its fuel oil was released into the water. None of the ship’s crew had ever been in the region and the route had not been surveyed to modern or adequate hydrographic standards.

Increasing the area covered by the Polar Code

The IMO’s definition of “Arctic waters” is also more restrictive than the Arctic Council’s definition. The current boundary refers only to waters which can be covered by ice. This means that the Polar Code does not apply to a large area of the Arctic where seasonal ice, including ice floes and chunks of ice can be present. Since ships operating in this region are vulnerable to many of the same risks, the boundary should be extended to include all of the region’s “ice-prone” waters.

Another issue with the Polar Code is that it doesn’t clearly set out who is responsible for ensuring that ships obtain polar ship certificates. All ships operating in the Arctic must get one, but it is generally delegated to an administration’s recognized organisation (RO) to ensure this happens. But these organizations don’t necessarily know which ships require a polar ship certificate, so it is ultimately up to the shipowner themselves to ensure this requirement is met, leaving the system vulnerable to potential loopholes.

Taking action to revise the code — before it’s too late

It has been five years since the Polar Code came into force and it’s time to consider what improvements are needed. As Arctic shipping is set to increase, every incident could have major and irreversible consequences for the Arctic marine environment. We are calling on Arctic nations to initiate the steps needed to ensure that challenges with and gaps in the code are addressed — to protect ships and their crews, and the pristine Arctic waters that unique Arctic ecosystems depend on.