Mohd Nizam Basiron Centre for Maritime Security and Environment MIMA Designating a Particularly Sensitive Sea Area: Specifics, Processes and Issues Mohd Nizam Basiron Centre for Maritime Security and Environment MIMA

Areas designated as PSSA Designating a PSSA Issues in PSSA designation Introduction Definition Areas designated as PSSA Designating a PSSA Issues in PSSA designation Straits of Malacca as a PSSA? Conclusions 1

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

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

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. 4 4

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. 5

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. 6

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. 7

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)

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, 8

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. 9

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. 10

Source: Alexander, L. (n. d) 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)]. 11

Paracas National Reserve Source: http://www.imo.org/includes/blastDataOnly.asp/data_id%3D15709/106%2849%29.pdf 12

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Designating a PSSA Revised Guidelines for the Identification and Designation of PSSA stipulates roles of State/s and the IMO 15

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. 16

Criteria for PSSA designation Ecological 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 17

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 18

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. 19

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

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. 21

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 22

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

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) 24

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) 25

Straits of Malacca as a PSSA? 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? 26

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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 28

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. 29

Thank You