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USCG Sector San Francisco. Prevention & Response Framework for Marine Debris NAMEPA - April 17, 2014. Presentation Overview. Coast Guard Marine Transportation System (MTS) Oversight Balancing competing demands, authorities, & capabilities
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USCG Sector San Francisco Prevention & Response Framework for Marine Debris NAMEPA - April 17, 2014
Presentation Overview • Coast Guard Marine Transportation System (MTS) Oversight • Balancing competing demands, authorities, & capabilities • International Regulatory Framework for Debris/Pollution • Local/Regional Challenge: Abandoned Vessels
Dynamic, Mixed Use Waterway Carquinez Bridge and Strait Benicia-Martinez Bridge San Rafael - Richmond Bridge Bay Bridge Golden Gate Anchorages 8 & 9 >130,000 transits managed annually San Mateo Bridge
Complex System with Diverse Stakeholders Collaboration & Partnerships are Essential DOD Partners Tribal Governments Port, Vessel & Facility Operators U. S. Coast Guard Prevention & Response Vessel Flag States & Classification Societies Commercial Responders Brokers & Freight Forwarders NGOs State & Local Governments DHS Partners NOAA, EPA Logistics Providers Suppliers & Consumers NTSB, FDA, CDC, etc. US Army Corps of Eng
Balancing Safety, Security, and Environmental Protection while Facilitating Commerce • Some Thoughts: • Prevention vs. Response • Relationships Matter • Problem for one is a problem for all • Incident impacts will reverberate through the supply chain • Crisis Communications
Maritime Industry • 90% of global trade moves via maritime means. • Shipping is international and requires international regulation in order to be safe and effective. • All facets of shipping are covered by the International Maritime Organization (IMO)
International Maritime Organization (IMO) • United Nations specialized agency with the responsibilities for the safety and security of shipping and the prevention of marine pollution by ships. • Develops and maintains regulations found in International Conventions. • Safety Of Life At Sea (SOLAS) • International Convention for the Prevention of Pollution from Ships (MARPOL)
International Convention for the Prevention of Pollution from Ships (MARPOL) • MARPOL is the main international convention covering prevention of pollution from ships • Adopted 2 November 1973 at IMO • Entered into force 2 October 1983 • Enforced by Nations signatory to the convention • USCG enforces as both “Flag” and “Port State”
MARPOL • Annex I-Oil (1983) • Annex II-Noxious Liquid Substances (NLS, Oct 1983) • Annex III-Harmful Substances (July 1992) • Annex IV-Sewage (September 2003) • Annex V-Garbage (December 1988) • Annex VI- Air Pollution ( May 2005)
Annex V- Garbage • Garbage defined by IMO-all kinds of victual, domestic and operational waste excluding fresh fish generated during normal operation of the ship. • Regulations apply to all ships. • Defines requirements for disposal of garbage. • Disposal of Plastic into the sea is prohibited.
Enforcement Challenges • Enforcement/oversight primarily limited to records review • It’s a large ocean with a wide range of operators • Vessels operate with significant autonomy at sea • Difficult to prove non-compliance
Coast Guard Interaction withAbandoned Vessels • Search and Rescue • Environmental Threat • Hazard to Navigation
Enforceable Laws and Regulations • Environmental Laws • Federal Water Pollution Control Act • Clean Water Act • Oil Pollution Act of 1990 • Comprehensive Environmental Response Compensation and Liability Act • Refuse Act • Illegally Anchored Vessels • Abandoned Barge Act
Clean Up CostsAbandoned Vessels • Oil Spill Liability Trust Funds- used for removal of oil when there is an imminent and substantial threat to the environment • Coast Guard Resources • Average Contractor Costs • Afloat: $5,000 • Sunken: $10,000
TUG RESPECT • USCG Costs • 1998 - $160,000 • 2013 - $2.6 million • 16 times the original cost
Authority to Remove the Vessel • FWPCA • Code of Federal Regulations Federal On Scene Coordinator delegation (33CFR1.01-80(e)) • Authority not delegated to remove or destroy a vessel without the consent of the vessels owner • Policy (COMDTINST 16465.5) • Commandant approval required to destroy vessel
CERCLA • Allotted to USCG per fiscal year • Average cost to remove a mystery drum and proper disposal cost $5,000
Refuse Act • U.S. Army Corps of Engineers • Limited to vessels that are hazards to navigation (Removal of Wrecks and Other Obstructions, 33 CFR 245) • MOU between USCG and USACOE
Abandoned Vessels - Way Forward • Agency cooperation • Broaden Legislation- increase enforcement • Local, Regional, Federal
Other Challenges & Opportunities • Emission Control Measures & Impacts on Ship Routing • Rapidly Evolving Energy Sector – What does this mean for the West Coast? • Shipping Industry Consolidation • Emergency Response / Preparedness – Tsunami, Earthquake, Oil Spill, etc • Smuggling – Not just a security threat