Transcript Designating a Particularly Sensitive Sea Area

Designating a Particularly Sensitive
Sea Area: Specifics, Processes and
Issues
Mohd Nizam Basiron
Centre for Maritime Security and Environment
MIMA
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Introduction
Definition
Areas designated as PSSA
Designating a PSSA
Issues in PSSA designation
Straits of Malacca as a PSSA?
Conclusions
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Introduction
• Shipping is an inherently risky business.
• Shipping incidents have led to the
development of many maritime
conventions aimed protecting life and the
environment.
• One such convention is MARPOL 73/78
which has among its provisions the
creation of Particularly Sensitive Sea
Areas (PSSA).
• Paper intended to examine PSSA concept
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and issues related to designating a PSSA.
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Definition
• Ecologically, socially, economically,
scientifically significant areas.
• Vulnerable to impact of international
shipping.
• Require protection through IMO actions.
• Associated protective measures may be
put in place (IMO 2006).
• PSSA was first mooted in 1985 and
adopted in 1991.
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Date proposed
(and
designated)
1. Great Barrier (Nov 1990)
Reef
2.Canary Island (July 2005)
(Spain)
Size
Features
345,000
km2.
•Covers 2,904 coral cays.
•Not more than 550
continental islands.
•Operation of 11 trading ports
and shipping services.
•Expanding on port for coal
export.
•Comprising 7 islands and 6
islets.
•Have unique volcanic tubes
and lava bubbles,
•Meadow of spermatophytes.
•Home of threatened
species.
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Date proposed
(and
designated)
Size
Features
1. Great Barrier
Reef
(Nov 1990)
(Torres Strait
addition July
2005)
345,000 km2. •Covers 2,904 coral cays.
•Not more than 550
continental islands.
•Operation of 11 trading ports
and shipping services.
•Expanding on port for coal
export.
2.Canary Island
(Spain)
(July 2005)
•Comprising 7 islands and 6
islets.
•Have unique volcanic tubes
and lava bubbles,
•Meadow of spermatophytes.
•Home of threatened species.
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Date proposed
(and
designated)
Size
Features
1. Great Barrier
Reef
(Nov 1990)
345,000 km2. •Covers 2,904 coral cays.
•Not more than 550
continental islands.
•Operation of 11 trading ports
and shipping services.
•Expanding on port for coal
export.
2.Canary Island
(Spain)
(July 2005)
•Comprising 7 islands and 6
islets.
•Have unique volcanic tubes
and lava bubbles,
•Meadow of spermatophytes.
•Home of threatened species.
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3. Galapagos
Archipelago
March 2004 (July
2005)
8000 km2
•13 large islands, 6 small
islands and 107 islets and
rocks.
•Host many endemic sea
birds, rare colonies of bluefooted boobies, and 300
species of fish.
•Fishing become second
important economy activities.
4. Baltic Sea
April 2004 (July
2005)
373,000
km2.
•Consists of unique mix of
aquatic and freshwater
species.
•Few species have been able
to adapt in brackish water.
•Used for seaborne transport,
cooling water for energy
production, fishing and
recreation.
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5. Florida
Keys National
Marine
Sanctuary
(FKMNS)
(March 2002)
6. Western
European
Waters
2003 (October
2004)
3000 nautical
miles
•More than 40% of the world
shipping commerce transits
through Florida Straits.
•The third largest barrier reef
in the world.
•Coral reef damage by large
ships anchoring.
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7.
April 2007
Papahanaumo (March 2008)
kuakea
8. Wadden
Sea
June 2002
(October 2002)
137,797 square
miles.
•The largest Marine
Protected Area.
•Supports 7000 species.
•Important habitat for rare
species such as green
sea turtle.
•Cultural sites found on
the islands of Nihoa and
Mokumanamana.
Highly dynamic tidal
ecosystem.
The adjacent North Sea
is one of the world;s
busiest international
shipping areas.
Tourism.
Contains dunes,
beaches, estuaries and
also important habitats,
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9. Paracas
National
Reserve
(July 2003)
217,594 ha.
•Unique geographical area
along its entire shore.
•Possesses significant
biodiversity.
•Only marine reserve in Peru.
10.Malpelo
Island.
(March 2002)
857,500 ha.
•An isolated basaltic
seamount.
•Consists of a sheer and
barren rock with 3 high peaks.
•Home of unique shark
population, hammered sharks
and silky sharks.
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11.Archipelago
of SabanaCamaguey
(September
1997)
75,000 km2.
Approximately 2517 cays
and islets.
There are 35 protected
sites.
Mangroves and coastal
area effectively act as
buffer zone.
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Source: Alexander, L. (n.d). Coral Reef – Electronic Chart Initiative: Protecting Corals, Saving Ships.
Retrieved from [http://www.iho.shom.fr/COMMITTEES/WEND/WEND9/WEND9INF3_Coral_Reef_EC_Initiative.pdf (22 June 2009)].
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Paracas National Reserve
Source:
http://www.imo.org/includes/blastDataOnly.asp/data_id%3D15709/1014
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Designating a PSSA
• Revised Guidelines for the Identification
and Designation of PSSA stipulates roles
of State/s and the IMO
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Designating a PSSA – States’ role
• Assess based on criteria in Sect. 4 of
revised guidelines.
• Submit application with the following
information:
- vulnerability of area to damage by
international shipping.
- proposed associated protective
measures
• Coordinate if two or more States involved.
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Criteria for PSSA designation
Ecological criteria
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4.4.1 Uniqueness or rarity
4.4.2 Critical habitat
4.4.3 Dependency
4.4.4 Representativeness
4.4.5 Diversity
4.4.6 Productivity
4.4.7 Spawning or breeding grounds
4.4.8 Naturalness
4.4.9 Integrity ecological entity.
4.4.10 Fragility
4.4.11 Bio-geographic importance
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Social, cultural and economic criteria
• 4.4.12 Social or economic dependency
• 4.4.13 Human dependency
• 4.4.14 Cultural heritage
Scientific and educational criteria
• 4.4.15 Research
• 4.4.16 Baseline for monitoring studies
• 4.4.17 Education
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Associated protective measures
“Limited to actions that are to be, or have
been approved or adopted by IMO”
including:
• Designation as a Special Area under
MARPOL Annex I, II or V or a SOx ECA
under Annex VI.
• Ship routeing and reporting systems.
• Other measures aimed at protecting
specific sea areas.
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Submitting an application
Two parts:
• Part I – description, significance of the area
and vulnerability.
• Part II – associated protective measures
- legal basis for measures needed:
* existing IMO measures
* prospective IMO measures
* any measures deemed necessary
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Submitting an application
• Need to specify category or categories of
ships.
• Indicate possible impact of any proposed
measures on “safety and efficiency of
navigation.”:
- consistency with legal instruments
- implications for vessel safety
- impact on vessel operations.
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Designating a PSSA – IMO’s role
• IMO to assess if application meets at least
one of the criteria.
• Evaluate vulnerability and APMs.
• Submit applications to relevant technical
groups, committees (MEPC) or subcommittees.
• Implementation and compliance
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Analysis of PSSA process and existing
PSSA
• Agreement among coastal States prior to
submission.
• Extent and quality of information to justify
establishment of PSSA.
• On average time taken 1 year except in the
case of Torres Straits (2 years).
• PSSAs are not “stand alone” measures.
• PSSA establishment often compliments
existing marine protected areas (MPAs) 25
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Issues in PSSA designation
• Defining the scope of the PSSA – all or
some?
• APMs and the legal basis.
• IMO processes.
• PSSA within the context of existing marine
protected area framework (Roberts 2007)
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Issues in PSSA designation
• PSSA in straits used for international
navigation:
- limits of national actions e.g.
Australia’s introduction of
compulsory pilotage in the Torres
Straits.
- role of IMO in evaluating APMs
(Beckman 2007)
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Straits of Malacca as a PSSA?
• Needs to consider all the issues mentioned above and more:
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what other measures can be introduced in the Straits?
can PSSA give added protection beyond
what is
already in place? i.e. TSS, VTMS, AIS, UKC, MPAs.
would the littoral States agree?
would the users agree?
will other IMO members approve additional
measures?
how good is our information?
would SOM qualify?
all or parts?
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Conclusions
• PSSA is an important tool reducing the
impact of shipping on ecologically, socially,
economically and scientifically important
area.
• 11 areas designated so far with various
mesaures applied.
• Information and legal basis are keys to
preparation of designation.
• Approval of IMO required for APMs
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Conclusions
• Thus far only Torres Straits compulsory
pilotage has generated controversy.
• PSSAs are not stand alone measures and
are presumably will not succeed as a
stand alone measure.
• Often associated or complimented existing
MPAs.
• Many questions to be answered and steps
taken before SOM could even be
considered for PSSA.
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Thank You
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