Overview Which IMO measure should you choose? Use of four real world examples Factors to consider in choosing an IMO measure Summary of potential difficulties and benefits of IMO action

Which Measure Should You Chose? Summary of Various “Area” Measures SOLAS V/Reg 10: Routing –e.g., areas to be avoided, traffic separation schemes, no anchoring areas, recommended routes SOLAS V/Reg 11: Mandatory Ship Reporting MARPOL: Special Areas, Sox Emission Control Areas Particularly Sensitive Sea Areas

Which Measure Should You Chose? Issues to Consider Identification of Issues: The more specific the better (e.g., pollution v. illegal discharges, oil, sewage) Identification of possible IMO measures: Be Creative! (e.g., ATBA v. Special Area designation) Fundamentals: –Who and how to draft proposal –How to gain support

Four Real World Examples

Monterey Bay National Marine Sanctuary (NMS) Identification of Issues –Ships operating w/n 1- 2 miles of shore –Concern collisions including w/ high no. recreational craft, groundings, inability to get to disabled ship before it ran into coast –Mystery spills

Monterey Bay NMS Identification of Possible IMO Measures multiple measures and combinations of measures were considered Routing (e.g., ATBA, recommended tracks, realignment of TSSs) Mandatory Ship Reporting PSSA designation But not Special Area designation

Monterey Bay NMS Why not PSSA designation? Ecological, Socio-economic, scientific characteristics : –Uniqueness, critical habitat, diversity, spawning or breeding grounds, economic Vulnerability: –Ships operating very close to shore, potential for collisions between fast moving commercial ships and recreational activities, mystery oil spills IMO tools available to address vulnerability

Monterey Bay NMS Why not PSSA designation, since all criteria were fulfilled? –Timing and chart cycle, desire to proceed as expeditiously as possible

Ship Strikes of Right Whales Identification of Issue “right” whale to kill Highly endangered (approx. 300 remaining) Ship collisions largest known source of human- related mortality Behavior characteristics and habitat in areas where large number of ships operate

Ship Strikes of Right Whales Identification of Possible IMO Measures Routing measures Mandatory Ship Reporting System PSSA designation Special Area designation not considered

Ship Strikes of Right Whales Why not PSSA designation? Ecological, Socio-economic, scientific characteristics: –Critical habitat, spawning or breeding grounds, research, education Vulnerability: –Over 50% of human-related mortalities of right whales are caused by ship strikes; right whales occur in areas where there is a high volume of ship traffic IMO tools available to address vulnerability

Ship Strikes of Right Whales So why was PSSA designation not pursued, since all criteria were fulfilled? –Political considerations, potential for controversy –First time IMO measure to protect single species

Flower Garden Banks National Marine Sanctuary (NMS) Identification of Issue Foreign flag vessels anchoring on fragile coral reefs Cleaning bilge and decks while anchored

Flower Garden Banks NMS Identification of Possible IMO Measures Routing measures –ATBA –Creation of new measure, No Anchoring Area PSSA Special Area designation not considered

Flower Garden Banks NMS Establishment of three mandatory no anchoring areas

Flower Garden Banks NMS Why not PSSA designation? Ecological, Socio-economic, scientific characteristics: –Uniqueness, dependency, integrity, research Vulnerability: –Significant damage to the area has been caused by ships’ anchors and anchor cables and chains IMO tools available to address vulnerability

Flower Garden Banks NMS So why was PSSA designation not pursued, since all criteria were fulfilled? –Weighing the options (FGNMS/FKNMS), size of the area, ability to address the damage fully by adoption of the measure

Marine Area Around the Florida Keys Identification of Issues Anchor damage to ecological reserve Significant risk of collisions in one of four existing ATBAs Sewage Significant amount of traffic in the area

Marine Area Around the Florida Keys Identification of Possible IMO Measures: Routing measures (ATBAs, NAA) Special Area designation PSSA designation

Marine Area Around the Florida Keys Why PSSA designation? Ecological, Socio- economic, scientific characteristics: –The site fulfills almost every one of the factors Vulnerability: –Various types of damage, including potential collisions, ships grounding on coral, and damage caused by anchoring, as well as concerns regarding discharges

Marine Area Around the Florida Keys IMO measures available to address vulnerability: –Four existing areas to be avoided (ATBAs) –Amendment of one existing ATBA, and –Three mandatory no anchoring areas

Marine Area Around the Florida Keys Why was PSAA designation pursued? –Model proposal, amount of vessel traffic in this area (40% of world’s ship traffic), its vulnerability and economic importance, history of incidents, comparison to other potential U.S. sites

Factors to Consider in Choosing an IMO Measure 1. Ability to fulfill criteria (e.g., routing, reporting, special area, PSSA) 2. Tailoring of measures to address risk 3. Legal status of measure (SOLAS, MARPOL, PSSA Guidelines) 4. Political considerations 5. Consultations with other affected States

Factors to Consider in Choosing an IMO Measure 6. Availability of data 7. Preparation of documents 8. Timing issues 9. Strategy to proceed 10. Domestic implementation (e.g., charting, NTM, regulatory actions)

Potential Difficulties 1.Obtaining data on ship traffic in the area (e.g., volume of ships, types, sizes, cargo carried, routes) and vulnerability of area 2.Political support domestically and at IMO

Potential Difficulties 25º45’.70N 80º06.’00W 25º38’.70N 80º02’.70W 25º22.’00N 80º03’.00W 25º06’.38N 80º19’.26W 24º56’.37N 80º47’.30W 24º37’.90N 80º17’.30W 24º29’.20N 80º43’.17W 24º22’.30N 80º43’.15W 3.Publication of charts and notices to mariners 4.Coordinates of the area

Potential Benefits of IMO Action 1.Reduce risk of damage from international shipping to area by adoption of measures tailored to address risk 2.Notice to international maritime community of risk and adoption by IMO of measures to address it 3.Increased maritime safety and protection of marine environment from damage by ships

Potential Benefits of IMO Action 4. Educate shipping community about significance of area 5. Increased awareness about area’s sensitivity to shipping activities 6. Increased compliance with IMO measures as well as any domestically adopted regulations

Potential Benefits of IMO Action 7. Potential for higher standard of care in vessel operations, including environmentally safe and sound navigation 8. Ensure that impacts on the area and international shipping will be fully considered

Conclusion While obtaining an IMO measure takes work and dedication of resources to develop a proposal, there are significant benefits to doing so.