Investigating Shipping Pollution Violations Module 18 Developing a National Strategic Framework

MODULE 8: Objectives Outline the need for a National Strategy Describe components of a national framework Outline steps in the process Designation & responsibilities of Lead Agency Purpose & responsibilities of a Task Force Key principles & design of National Strategy Format of National Strategy Putting the Strategy into Action

Module structure Legal, Policy & Institutional Frameworks Development of National Strategic Framework on Marine Spills and BWM The Lead Agency The Task Force The National Strategy on Marine Pollution (includes Marine Spills/BWM) The Action Plan

A National Strategic Framework (NATPLAN)

NATIONAL STRATEGIC FRAMEWORK Strategy Policy/Legislation Institutionalization Implementation (NATPLAN)

INSTITUTIONAL STRUCTURES OPERATIONAL ARRANGEMENTS Components of NSF COMPONENTS PURPOSE POLICY/STRATEGY PROVIDES A BLUEPRINT TO GUIDE PLANNERS, DECISION-MAKERS & LAW-MAKERS LEGISLATION GIVES EFFECT TO THE POLICY INSTITUTIONAL STRUCTURES IMPLEMENTATION OF THE POLICY/STRATEGY ACTION PLAN/ OPERATIONAL ARRANGEMENTS PROVIDES DETAILED GUIDANCE & TIMEFRAME FOR ACTIVITIES REQUIRED TO IMPLEMENT THE POLICY (e,g, NATPLAN, IMRP) INSTRUCTOR: Please list the four basic components of a national framework and describe briefly the purpose of each one. Highlight the distinction between a policy, strategy and action plan.

Steps in development of N S F Political decision ↓ STEP 2 Gather information & develop national policy, strategy & action plan STEP 3 Draft, enact & implement legislation & effect institutional reform STEP 4 Implement strategy and action plan STEP 5 Monitor and evaluate system.

Institutional Structures FUNCTIONS LEAD AGENCY Development & implementation of National Strategy TASK FORCE Allows key stakeholders to play advisory role in development of National Strategy INSTRUCTOR: Describe briefly the functions of the Lead Agency and Task Force. They will be described in more detail in subsequent sections.

The Lead Agency Criteria for designation of the Lead Agency: The constitutional structure of the country The current configuration of government agencies The legal/regulatory characterization?? The capacity and resources of relevant agencies INSTRUCTOR: Please describe each of the key issues according to the Trainees Guide.

Constitutional Structures COUNTRY STRUCTURE Fiji, Kiribati National Powers lie with Transport Ministry, Environment Ministry and City Councils. INSTRUCTOR: if possible, should try to use examples from the country/region where the delivery is taking place.

Agency Configurations COUNTRY LEAD AGENCY OTHER AGENCIES INVOLVED Fiji FIMSA Department of Environment City Councils Port Authority Private Sector Kiribati MELAD Maritime Division Town Councils INSTRUCTOR: if possible, should try to use examples from the country/region where the delivery is taking place.

Responsibilities of the Lead Agency Implementation and ongoing management of the National Strategy Integration with other relevant national policies Implementation of arrangements for visiting ships Ensuring key stakeholders fully conversant Monitoring and reviewing implementation Ensuring effective enforcement Administration of international instruments Incorporation of improved measures/best practice Ongoing liaison and cooperation with stakeholders Participation in international, regional and national matters INSTRUCTOR: Please explain the responsibilities of the Lead Agency according to the Trainees Guide.

The Task Force Advantages of this approach BWM a new field of responsibility May involve organsiations with competing interests Requires involvement of central government & field-level agencies Ensures involvement of key stakeholders (govnt & NGO) Ensures stakeholders understand their roles and repsonsibilties Creates a sense of ownership & commitment to implementation of the National Strategy INSTRUCTOR: Please explain the responsibilities of the Lead Agency according to the Trainees Guide.

The Task Force Composition Lead Agency on Marine Pollution (maybe marine spills) Lead Agency on Invasive Species (if it exists) Lead Agency on BW (if different from above) Secretariat Ministries of Environment, Fisheries, Health National Maritime Administration Port Authorities Oil Companies Quarantine/customs/border control Academic community Shipping industry & other port users NGO’s INSTRUCTOR: Please explain the responsibilities of the Lead Agency according to the Trainees Guide.

Responsibilities of the Task Force Provision of advice/information pertinent to the development of National Strategy Review of existing national legal provisions Assess international & Regional obligations (MARPOL, LC/LP, BW Convention, CBD, Noumea etc) Review existing operational arrangements for visiting ships Analyse shipping patterns and port use Review status of existing marine and coastal invasive species Prepare recommendations on policy, strategy, operational arrangements, Lead Agency, legislation etc. Ensure consistency with international obligations INSTRUCTOR: Please explain the responsibilities of the Task Force according to the Trainees Guide.

Developing a National Strategy: Key Issues the magnitude of the threat international and regional obligations the preferred technical options the recommended Lead Agency other implementing agencies and organizations a compliance monitoring and enforcement system legislative requirements an implementation plan costing and funding INSTRUCTOR: Please explain each of the key issues according to the Trainees Guide.

Key Elements Assessment of the scope/implications Examination of obligations Appropriate Lead Agency Comprehensive regime to combat shipping pollution Compliance monitoring and enforcement regime Legislation Implementation components Review/evaluation mechanism INSTRUCTOR: Please, explain each of the key elements of a National Strategy. Use the Trainees Guide as the main source of reference.

Key Principles Consistent with international obligations & national policies Inclusive development process Systems approach to development Must cover international and domestic shipping Based on best practices – cost-effective & environmentally sound INSTRUCTOR: Please stress that “the formulation of a National Strategy for Ballast Water Management (National Strategy) is an essential prerequisite to implementing any effective in-country BWM regime, based on the IMO’s requirements (IMO Guidelines /draft Convention)” The National Strategy is a leadership statement and ‘blueprint’ for the implementation of the Government’s policy initiatives for discharging port/coastal State responsibilities to prevent the spread of harmful aquatic organisms and pathogens in ships ballast water, taking into account their in-country circumstances. Please explain each of the key principles using the Trainees Guide as the main source of reference. Must accommodate requirements of stakeholders Must consider national environment & shipping Harmonise with regional agreements Link to other relevant policies (coastal environmental, health)

Operational Arrangements Shipboard measures for vessels flying the flag Reporting & inspections for visiting ships National and Port Programmes (biological surveys, risk assessments, monitoring in ports etc) Establishment of an information base Education, awareness and training programmes Integration with other relevant national activities International links and cooperation INSTRUCTOR: Please explain the operational arrangements. Use the Trainees Guide as the main source of reference. Please mention that this is the final element of the National Strategy. It deals with how the National Strategy will be put into operation and managed on an ongoing basis. Then explain each of the important issues that require consideration.