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Designating a Particularly Sensitive Sea Area: Specifics, Processes and

Issues

Mohd Nizam BasironCentre 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 and issues related to designating a PSSA. 2

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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 1991.3

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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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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 blue-footed 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) 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.

6. Western European Waters

2003 (October 2004)

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7. Papahanaumokuakea

April 2007 (March 2008)

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.

8. Wadden Sea

June 2002 (October 2002)

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 Sabana-Camaguey

(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/WEND9-INF3_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%3D15709/106%2849%29.pdf

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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 designationEcological criteria• 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 Education18

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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 20

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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 sub-committees.

• 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) 23

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• 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)

Issues in PSSA designation

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• 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)

Issues in PSSA designation

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• Needs to consider all the issues mentioned above and more:

- 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?

Straits of Malacca as a PSSA?

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• 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 APMs28

Conclusions

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• 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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Conclusions

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Thank You