Revoked by A.1087(28)
GUIDELINES FOR THE DESIGNATION OF
SPECIAL AREAS UNDER MARPOL 73/78 AND GUIDELINES FOR THE IDENTIFICATION AND
DESIGNATION OF PARTICULARLY SENSITIVE SEA AREAS
(adopted on 29 November 2001)
THE
ASSEMBLY,
RECALLING
Article 15(j) of the Convention on the International Maritime Organization
concerning the functions of the Assembly in relation to regulations and
guidelines concerning maritime safety, the prevention and control of marine pollution
from ships and other matters concerning the effect of shipping on the marine
environment,
RECALLING
ALSO resolution A.720(17) by which the Assembly adopted the Guidelines for the
Designation of Special Areas and the Identification of Particularly Sensitive
Sea Areas and requested the Marine Environment Protection Committee and the
Maritime Safety Committee to keep the Guidelines under review,
RECALLING
FURTHER resolution A.885(21) by which the Assembly adopted Procedures for the
Identification of Particularly Sensitive Sea Areas, and the Adoption of
Associated Protective Measures and Amendments to the Guidelines contained in
resolution A.720(17), and also requested the Marine Environment Protection
Committee and the Maritime Safety Committee to keep these Guidelines under
review,
RECOGNIZING
the need to update and simplify the Guidelines in order to clarify the
procedures for the designation of Special Areas under MARPOL 73/78 and for
identification and subsequent designation of Particularly Sensitive Sea Areas
and the adoption of associated protective measures,
HAVING
CONSIDERED the recommendations made by the Marine Environment Protection
Committee at its forty-sixth session:
1.
ADOPTS:
a) new
Guidelines for the Designation of Special Areas under MARPOL 73/78 as set out
in annex 1, which supersede chapter 2 of the Annex to Assembly resolution
A.720(17); and
b) new
Guidelines for the Identification and Designation of Particularly Sensitive Sea
Areas as set out in annex 2, which supersede chapter 3 of the Annex to Assembly
resolutions A.720(17) and A.885(21);
2.
INVITES Governments to apply the new Guidelines when proposing the designation
of a Special Area under MARPOL 73/78 or a Particularly Sensitive Sea Area;
3.
REQUESTS the Marine Environment Protection Committee and the Maritime Safety
Committee to keep the Guidelines under review; and
4.
REVOKES resolutions A.720(17) and A.885(21).
Annex 1
GUIDELINES FOR THE DESIGNATION OF SPECIAL AREAS UNDER MARPOL 73/78
The
purpose of these Guidelines is to provide guidance to Contracting Parties to
the International Convention for the Prevention of Pollution from Ships (MARPOL
73/78) in the formulation and submission of applications for the designation of
Special Areas under Annexes I, II, and V to the Convention. These Guidelines
also ensure that all interests — those of the coastal State, flag State, and
the environmental and shipping communities — technical, economic, and
environmental information and provide for the assessment of such applications
by IMO. Contracting Parties should also review and comply with the applicable
provisions of Annexes I, II, and V to the Convention in addition to these
Guidelines.
2. ENVIRONMENTAL PROTECTION FOR
SPECIAL AREAS UNDER MARPOL 73/78
2.1
MARPOL 73/78, in Annexes I, II and V, defines certain sea areas as Special
Areas in relation to the type of pollution covered by each Annex. A Special
Area is defined as «a sea area where for recognised technical reasons in
relation to its oceanographical and ecological conditions and to the particular
character of its traffic, the adoption of special mandatory methods for the
prevention of sea pollution by oil, noxious liquid substances, or garbage, as
applicable, is required".. Under the Convention, these Special Areas are
provided with a higher level of protection than other areas of the sea.
2.2
A Special Area may encompass the maritime zones of several States, or even an
entire enclosed or semi-enclosed area. Special Area designation should be made
on the basis of the criteria and characteristics listed in paragraphs 2.3 to
2.6 to avoid the proliferation of such areas.
Criteria for the designation
of a Special Area
2.3
The criteria which must be satisfied for an area to be given Special Area status
are grouped into the following categories:
—
oceanographic conditions;
—
ecological conditions; and
—
vessel traffic characteristics.
Generally,
information on each category should be provided in a proposal for designation.
Additional information that does not fall within these categories may also be
considered.
2.4
The area possesses oceanographic conditions which may cause the concentration
or retention of harmful substances in the waters or sediments of the area,
including:
.1
particular circulation patterns (e.g. convergence zones and gyres) or
temperature and salinity stratification;
.2
long residence time caused by low flushing rates;
.3
extreme ice state; and
.4
adverse wind conditions.
2.5
Conditions indicating that protection of the area from harmful substances is
needed to preserve:
.1 depleted,
threatened or endangered marine species;
.2 areas of high
natural productivity (such as fronts, upwelling areas, gyres);
.3 spawning,
breeding and nursery areas for important marine species and areas representing
migratory routes for sea-birds and marine mammals;
.4 rare or
fragile ecosystems such as coral reefs, mangroves, seagrass beds and wetlands;
and
.5 critical
habitats for marine resources including fish stocks and/or areas of critical
importance for the support of large marine ecosystems.
Vessel traffic
characteristics
2.6
The sea area is used by ships to an extent that the discharge of harmful
substances by ships when operating in accordance with the requirements of
MARPOL 73/78 for areas other than Special Areas would be unacceptable in the
light of the existing oceanographic and ecological conditions in the area.
2.7
The requirements of a Special Area designation can only become effective when
adequate reception facilities are provided for ships in accordance with the
provisions of MARPOL 73/78.
2.8
The threat to amenities posed by the discharge of harmful substances from ships
operating in accordance with the MARPOL 73/78 requirements for areas other than
Special Areas may strengthen the argument for designating an area a Special
Area.
2.9
The extent to which the condition of a sea area is influenced by other sources
of pollution such as pollution from land-based sources, dumping of wastes and
dredged materials, as well as atmospheric deposition should be taken into
account. Proposals would be strengthened if measures are being, or will be,
taken to prevent, reduce and control pollution of the marine environment by
these sources of pollution.
2.10
Consideration should be given to the extent to which a management regime is
used in managing the area. Proposals for designation of a Special Area would be
strengthened if measures are being taken to manage the area's resources.
3. PROCEDURES FOR THE DESIGNATION OF A
SPECIAL AREA
3.1
A proposal to designate a given sea area as a Special Area should be submitted
to the Marine Environment Protection Committee (MEPC) for its consideration in
accordance with the rules adopted by the IMO for submission of papers.
3.2
A proposal to designate a sea area as a Special Area should contain:
.1 a draft
amendment to MARPOL 73/78 as the formal basis for the designation; and
.2 a background
document setting forth all the relevant information to explain the need for the
designation.
3.3
The background document should contain the following information:
.1 a definition
of the area proposed for designation, including its precise geographical
co-ordinates. A reference chart is essential;
.2 an indication
of the type of Special Area proposed. Proposals may be made simultaneously with
respect to Annexes I, II and V of MARPOL 73/78, but proposals for each Annex
should be presented and evaluated separately;
.3 a general
description of the area, including information regarding:
—
oceanography
—
ecological characteristics
—
social and economic value
—
scientific and cultural significance
—
environmental pressures from ship-generated pollution
—
other environmental pressures
—
measures already taken to protect the area.
This general
description may be supported by annexes containing more detailed material, or
by references to readily available documentation;
.4 an analysis
of how the sea area in question fulfils the criteria for the designation of
Special Areas set out in paragraphs 2.3 to 2.6;
.5 information
on the availability of adequate reception facilities in the proposed Special
Area.
3.4
The formal amendment procedure applicable to proposals for the designation of
Special Areas is set out in article 16 of MARPOL 73/78.
Detailed discharge
requirements
3.5
For detailed requirements relating to discharges under Annexes I, II and V to
MARPOL 73/78, please refer to the latest version of the Convention in force.
Annex 2
GUIDELINES FOR THE IDENTIFICATION AND DESIGNATION OF PARTICULARLY SENSITIVE SEA
AREAS
1.1
The Marine Environment Protection Committee (MEPC) of the International
Maritime Organization (IMO) began its study of the question of Particularly
Sensitive Sea Areas (PSSAs) in response to a resolution of the International
Conference on Tanker Safety and Pollution Prevention of 1978. The discussions
of this concept from 1986 to 1991 culminated in the adoption of Guidelines for
the Designation of Special Areas and the Identification of Particularly
Sensitive Sea Areas by Assembly resolution A.720(17) in 1991. The procedures
contained in this document were further elaborated upon by Assembly resolution
A.885(21), adopted in 1999. In a continuing effort to provide a clearer
understanding of the concepts set forth in the Guidelines, the MEPC decided to
separate the issues of the designation of Special Areas and the identification
of Particularly Sensitive Sea Areas into two documents. This document sets
forth the Guidelines for the Identification and Designation of PSSAs.
1.2
A PSSA is an area that needs special protection through action by IMO because
of its significance for recognized ecological, socio-economic, or scientific
reasons and which may be vulnerable to damage by international shipping
activities. In order for the area to be identified as a PSSA, it must meet one
of the criteria listed below in section 4. As of 2001, two particularly
sensitive sea areas have been designated by IMO: the Great Barrier Reef
(MEPC.44(30)) and the Archipelago of Sabana-Camaguey (MEPC.74(40)). Details of
designated areas are provided in the Appendix.
1.3
Many international and regional instruments encourage the protection of areas
important for the conservation of biological diversity as well as other areas
with high ecological, cultural, historical/archaeological, socio-economic or
scientific significance. They further call on their Parties to protect such
areas from activities, including shipping operations that may undermine their
values.
1.4
The purpose of these Guidelines is to:
a) provide
guidance to IMO Member Governments in the formulation and submission of
applications for designation of PSSAs;
b) ensure that
in that process all interests — those of the coastal State, flag State, and the
environmental and shipping communities — are thoroughly considered on the basis
of relevant scientific, technical, economic, and environmental information
regarding the area at risk of damage from international shipping activities and
the protective measures to minimize that risk; and
c) provide for
the assessment of such applications by the IMO.
1.5
Identification of any PSSA and the adoption of associated protective measures
requires consideration of three integral components: the particular
environmental conditions of the area to be identified, the vulnerability of
such area to damage by international maritime activities, and the availability
of associated protective measures within the competence of IMO to address risks
from these shipping activities.
2. INTERNATIONAL SHIPPING ACTIVITIES
AND THE MARINE ENVIRONMENT
2.1
Shipping activity can constitute an environmental hazard to the marine
environment in general and consequently even more so to environmentally and/or
ecologically sensitive areas. Environmental hazards associated with shipping
include:
a) operational
discharges;
b) accidental or
intentional pollution; and
c) physical
damage to marine habitats or organisms.
2.2
In the course of routine operations and accidents ships may release a wide
variety of substances either directly into the marine environment or indirectly
through the atmosphere Such pollutants include oil and oily mixture, noxious
liquid substances, sewage, garbage, noxious solid substances, anti-fouling
paints, foreign organisms and even noise. Many of these substances can
adversely affect the marine environment and the living resources of the sea.
Pollutants may also damage the environment as a consequence of shipping
accidents. In addition, ships may cause harm to marine organisms and their
habitats through physical impact. Habitats may be smothered through grounding
and ships have been known to strike large marine mammals such as whales.
3. PROCESS FOR THE DESIGNATION OF
PARTICULARLY SENSITIVE SEA AREAS
3.1
The IMO is the only international body responsible for designating areas as
Particularly Sensitive Sea Areas and adopting associated protective
measures.'An application to IMO for designation of a PSSA and the adoption of
associated protective measures, or an amendment thereto, may be submitted only
by a proposing Member Government. Where two or more Governments have a common
interest in a particular area, they should formulate a co-ordinated proposal.
The proposal should contain integrated measures and procedures for co-operation
between the jurisdictions of the proposing Member Governments.
3.2
Member Governments wishing to have the IMO designate a PSSA should submit an
application to the MEPC based on the criteria outlined in section 4 and
proposed associated protective measures as outlined in section 6. Applications
should be submitted in accordance with the procedures set forth in section 7
and the rules adopted by the IMO for submission of papers.
4. ECOLOGICAL, SOCIO ECONOMIC, OR
SCIENTIFIC CRITERIA FOR THE IDENTIFICATION OF A PARTICULARLY SENSITIVE SEA AREA
4.1
The following criteria apply to the identification of PSSAs only with respect
to the adoption of measures to protect such areas against damage from
international shipping activities.
4.2
These criteria do not, therefore, apply to the identification of such areas for
the purpose of establishing whether they should be protected from dumping
activities, since that is implicitly covered by the London Convention 1972 (the
Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other
Matter, 1972) and the 1996 Protocol to that Convention.
4.3
The criteria relate to PSSAs within and beyond the limits of the territorial
sea. They can be used by IMO to designate PSSAs beyond the territorial sea with
a view to the adoption of international protective measures regarding pollution
and other damage caused by ships. They may also be used by national
administrations to identify Particularly Sensitive Sea Areas within their
territorial seas.
4.4
In order to be identified as a PSSA, the area should meet at least one of the
criteria listed below and should be at risk from international shipping
activities, taking into consideration the factors listed in section 5.
4.4.1 Uniqueness
or rarity — An ecosystem can be unique or rare. An area or ecosystem is unique
if it is «the only one of its kind». Habitats of rare, threatened, or
endangered species that occur only in one area are an example. An area or
ecosystem is rare if it only occurs in a few locations or has been seriously
depleted across its range. An ecosystem may extend beyond country borders,
assuming regional or international significance. Nurseries or certain feeding
areas may also be rare or unique.
4.4.2 Critical
habitat — A sea area may be a critical habitat for fish stocks or rare or
endangered marine species, or an area of critical importance for the support of
large marine ecosystems.
4.4.3 Dependency
— Ecological processes of such areas are highly dependent on biotically
structured systems (e.g. coral reefs, kelp forests, mangrove forests, seagrass
beds). Such biotically structured ecosystems often have high diversity, which
is dependent on the structuring organisms. Dependency also embraces areas
representing the migratory routes of marine fish, reptiles, birds and mammals.
4.4.4
Representativeness — These areas have highly representative ecological
processes, or community or habitat types or other natural characteristics.
Representativeness is the degree to which an area represents a habitat type,
ecological process, biological community, physiographic feature or other
natural characteristic.
4.4.5 Diversity
— These areas have a high variety of species or genetic diversity or include
highly varied ecosystems, habitats, and communities. However, this criterion
may not apply to some simplified ecosystems, such as pioneer or climax
communities, or areas subject to disruptive forces, such as shores exposed to
high-energy wave action.
4.4.6
Productivity — The area has a high natural biological productivity. Production
is the net result of biological and physical processes which result in an
increase in biomass in areas of high natural productivity such as oceanic
fronts, upwelling areas and some gyres.
4.4.7 Spawning
or breeding grounds — The area may be a critical spawning or breeding ground or
nursery area for marine species which may spend the rest of their life-cycle
elsewhere, or may be a migratory route for sea birds or marine mammals.
4.4.8
Naturalness — The area has a high degree of naturalness, as a result of the
lack of human-induced disturbance or degradation.
4.4.9 Integrity
— The area is a biologically functional unit, an effective, self-sustaining
ecological entity. The more ecologically self-contained the area is the more
likely it is that its values can be effectively protected.
4.4.10
Vulnerability — The area is highly susceptible to degradation by natural events
or the activities of people. Biotic communities associated with coastal
habitats may have a low tolerance to changes in environmental conditions, or
they may exist close to the limits of their tolerance (defined by water
temperature, salinity, turbidity or depth). They may suffer such natural
stresses as storms or prolonged emersion that determine the extent of their
development. Additional stress (such as domestic or industrial pollution,
excessive reduction in salinity, and increases in turbidity from watershed
mismanagement) may determine whether there is total, partial, or no recovery
from natural stress, or the area is totally destroyed. Certain oceanographic
and meteorological factors could cause an area to be vulnerable or increase its
vulnerability, for example by causing the concentration or retention of harmful
substances in the waters or in the sediment of the area, or by otherwise
exposing the area to harmful substances. These conditions include circulation
patterns such as convergence zones, oceanic fronts and gyres,