Designating a Particularly Sensitive Sea Area: Specifics, Processes and Issues

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

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

3. 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

4. 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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13. 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

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

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

18. 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

19. 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

20. 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

21. 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

22. 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

23. 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

24. 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

25. 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

26. 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

27. 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

28. 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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30. 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

31. 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

32. Thank You