Resolution
A.982(24)
REVISED GUIDELINES FOR THE IDENTIFICATION AND DESIGNATION OF PARTICULARLY
SENSITIVE SEA AREAS
(1 December 2005)
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
those Procedures and Guidelines under review,
NOTING
resolution A.927(22),
by which it adopted: (a) new "Guidelines for the Designation of Special
Areas under MARPOL 73/78", as set out in annex 1 to that resolution, which
superseded chapter 2 of the annex to resolution A. 720(17) and (b) new
"Guidelines for the Identification and Designation of Particularly
Sensitive Sea Areas", as set out in annex 2 to that resolution, which
superseded chapter 3 of the annex to resolutions A.720(17) and A.885(21); and by
which it also revoked resolutions A.720(17) and A.885(21) and requested the
Marine Environment Protection Committee and the Maritime Safety Committee to
keep the new Guidelines under review,
REAFFIRMING
that these Guidelines are to be implemented in accordance with international
law,
RECOGNIZING
the need to clarify and, where appropriate, strengthen certain aspects and
procedures for the identification and subsequent designation of Particularly
Sensitive Sea Areas and the adoption of associated protective measures through
amendments to the Guidelines for the Identification and Designation of
Particularly Sensitive Sea Areas,
HAVING
CONSIDERED the recommendations made by the Marine Environment Protection
Committee at its fifty-third session:
1.
ADOPTS the revised Guidelines for the Identification and Designation of
Particularly Sensitive Sea Areas as set out in the annex, which supersede those
in annex 2 of resolution A.927(22);
2.
REQUESTS both the Marine Environment Protection Committee and the Maritime
Safety Committee to keep the revised Guidelines under review;
3.
REVOKES annex 2 of resolution A.927(22).
Annex.
REVISED 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. In a continuing
effort to provide a clearer understanding of the concepts set forth in the
Guidelines, the Assembly adopted resolutions A.885(21) and A.927(22). This
document is intended to clarify and, where appropriate, strengthen certain
aspects and procedures for the identification and designation of PSSAs and the
adoption of associated protective measures. It sets forth revised Guidelines
for the Identification and Designation of Particularly Sensitive Sea Areas (the
Guidelines or PSSA Guidelines).
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
attributes where such attributes may be vulnerable to damage by international
shipping activities. At the time of designation of a PSSA, an associated
protective measure1, which meets the requirements of the appropriate
legal instrument establishing such measure, must have been approved or adopted
by IMO to prevent, reduce, or eliminate the threat or identified vulnerability.
Information on each of the PSSAs that has been designated by IMO is available
at www.imo.org.
____________________
1 The term "associated
protective measure" or "measure" is used both in the singular
and plural throughout these Guidelines. It is important to recognize that an
identified vulnerability may be addressed by only one or by more than one
associated protective measure and that therefore the use of this terminology in
the singular or plural should not be taken as any indication to the contrary.
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. These instruments further call upon their Parties to
protect such vulnerable areas from damage or degradation, including from
shipping activities.
1.4
The purpose of these Guidelines is to:
.1 provide
guidance to IMO Member Governments in the formulation and submission of
applications for designation of PSSAs;
.2 ensure that
in the 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 associated protective measures to prevent, reduce, or eliminate that risk;
and
.3 provide for
the assessment of such applications by EVIO.
1.5
Identification and designation of any PSSA and the adoption of associated
protective measures require consideration of three integral components: the
particular attributes of the proposed area, the vulnerability of such an area
to damage by international shipping activities, and the availability of
associated protective measures within the competence of ГМО to prevent, reduce,
or eliminate 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:
.1 operational
discharges;
.2 accidental or
intentional pollution; and
.3 physical
damage to marine habitats or organisms.
2.2
Adverse effects and damage may occur to the marine environment and the living
resources of the sea as a result of shipping activities. With the increase in
global trade, shipping activities are also increasing, thus including greater
potential for adverse effects and damage. In the course of routine operations,
accidents, and wilful acts of pollution, ships may release a wide variety of
substances either directly into the marine environment or indirectly through
the atmosphere. Such releases include oil and oily mixtures, noxious liquid
substances, sewage, garbage, noxious solid substances, anti-fouling systems,
harmful aquatic organisms and pathogens, and even noise. In addition, ships may
cause harm to marine organisms and their habitats through physical impact.
These impacts may include the smothering of habitats, contamination by
anti-fouling systems or other substances through groundings, and ship strikes
of marine mammals.
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 Member
Government. Where two or more Governments have a common interest in a
particular area, they should formulate a co-ordinated proposal2. The
proposal should contain integrated measures and procedures for co-operation
between the jurisdictions of the proposing Member Governments.
_____________________
2 It is clear that the
Guidelines recognize that an application for designation of a PSSA may be
submitted by one or more Governments. For ease of drafting, however, the use of
the word "Government" will be used throughout the text and it should
be recognized that this term applies equally to applications where there is
more than one Government involved.
3.2
Member Governments wishing to have EVIO designate a PSSA should submit an
application to MEPC based on the criteria outlined in section 4, provide
information pertaining to the vulnerability of this area to damage from
international shipping activities as called for in section 5, and include the
proposed associated protective measures as outlined in section 6 to prevent,
reduce or eliminate the identified vulnerability. Applications should be
submitted in accordance with the procedures set forth in section 7 and the
rules adopted by IMO for submission of documents.
3.3
If, in preparing its submission for a PSSA proposal, a Member Government
requires technical assistance, that Government is encouraged to request such
assistance from IMO.
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, or the
identified threat of 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 areas within their territorial seas that may have
certain attributes reflected in the criteria and be vulnerable to damage by
shipping activities.
4.4
In order to be identified as a PSSA, the area should meet at least one of the
criteria listed below and information and supporting documentation should be
provided to establish that at least one of the criteria exists throughout the
entire proposed area, though the same criterion need not be present throughout
the entire area. These criteria can be divided into three categories:
ecological criteria; social, cultural, and economic criteria; and scientific
and educational criteria.
4.4.1
Uniqueness or rarity - 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, breeding, or spawning areas may
also be rare or unique.
4.4.2
Critical habitat - A sea area that may be essential for the survival, function,
or recovery of fish stocks or rare or endangered marine species, or for the
support of large marine ecosystems.
4.4.3
Dependency - An area where ecological processes are highly dependent on
biotically structured systems (e.g. coral reefs, kelp forests, mangrove
forests, seagrass beds). Such ecosystems often have high diversity, which is
dependent on the structuring organisms. Dependency also embraces the migratory
routes of fish, reptiles, birds, mammals, and invertebrates.
4.4.4
Representativeness - An area that is an outstanding and illustrative example of
specific biodiversity, ecosystems, ecological or physiographic processes, or
community or habitat types or other natural characteristics.
4.4.5
Diversity - An area that may have an exceptional variety of species or genetic
diversity or includes highly varied ecosystems, habitats, and communities.
4.4.6
Productivity - An area that has a particularly high rate of natural biological
production. Such productivity is the net result of biological and physical
processes which result in an increase in biomass in areas such as oceanic
fronts, upwelling areas and some gyres.
4.4.7
Spawning or breeding grounds - An area that 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 is recognized as migratory routes for fish,
reptiles, birds, mammals, or invertebrates.
4.4.8
Naturalness - An area that has experienced a relative lack of human-induced
disturbance or degradation.
4.4.9
Integrity - An area that is a biologically functional unit, an effective,
self-sustaining ecological entity.
4.4.10
Fragility - An area that is highly susceptible to degradation by natural events
or by 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 (e.g., water temperature,
salinity, turbidity or depth). Such communities may suffer natural stresses
such as storms or other natural conditions (e.g., circulation patterns) that
concentrate harmful substances in water or sediments, low flushing rates,
and/or oxygen depletion. Additional stress may be caused by human influences
such as pollution and changes in salinity. Thus, an area already subject to
stress from natural and/or human factors may be in need of special protection
from further stress, including that arising from international shipping
activities.
4.4.11
Bio-geographic importance - An area that either contains rare biogeographic
qualities or is representative of a biogeographic "type" or types, or
contains unique or unusual biological, chemical, physical, or geological
features.
Social, cultural and
economic criteria
4.4.12
Social or economic dependency - An area where the environmental quality and the
use of living marine resources are of particular social or economic importance,
including fishing, recreation, tourism, and the livelihoods of people who
depend on access to the area.
4.4.13
Human dependency - An area that is of particular importance for the support of
traditional subsistence or food production activities or for the protection of
the cultural resources of the local human populations.
4.4.14
Cultural heritage - An area that is of particular importance because of the
presence of significant historical and archaeological sites.
Scientific and educational
criteria
4.4.15
Research - An area that has high scientific interest.
4.4.16
Baseline for monitoring studies - An area that provides suitable baseline
conditions with regard to biota or environmental characteristics, because it
has not had substantial perturbations or has been in such a state for a long
period of time such that it is considered to be in a natural or near-natural
condition.
4.4.17
Education - An area that offers an exceptional opportunity to demonstrate particular
natural phenomena.
4.5
In some cases a PSSA may be identified within a Special Area and vice versa. It
should be noted that the criteria with respect to the identification of PSSAs
and the criteria for the designation of Special Areas are not mutually
exclusive.
5. VULNERABILITY TO
IMPACTS FROM INTERNATIONAL SHIPPING
5.1
In addition to meeting at least one of the criteria listed in 4.4, the
recognized attributes of the area should be at risk from international shipping
activities. This involves consideration of the following factors:
Vessel traffic
characteristics
5.1.1
Operational factors - Types of maritime activities (e.g. small fishing boats,
small pleasure craft, oil and gas rigs) in the proposed area that by their
presence may reduce the safety of navigation.
5.1.2
Vessel types - Types of vessels passing through or adjacent to the area (e.g.
high-speed vessels, large tankers, or bulk carriers with small under-keel
clearance).
5.1.3
Traffic characteristics - Volume or concentration of traffic, vessel
interaction, distance offshore or other dangers to navigation, are such as to
involve greater risk of collision or grounding.
5.1.4
Harmful substances carried - Type and quantity of substances on board, whether
cargo, fuel or stores, that would be harmful if released into the sea.
5.1.5
Hydrographical - Water depth, bottom and coastline topography, lack of
proximate safe anchorages and other factors which call for increased
navigational caution.
5.1.6
Meteorological - Prevailing weather, wind strength and direction, atmospheric
visibility and other factors which increase the risk of collision and grounding
and also the risk of damage to the sea area from discharges.
5.1.7
Oceanographic - Tidal streams, ocean currents, ice, and other factors which
increase the risk of collision and grounding and also the risk of damage to the
sea area from discharges.
5.2
In proposing an area as a PSSA and in considering the associated protective
measures to prevent, reduce, or eliminate the identified vulnerability, other
information that might be helpful includes the following:
.1 any evidence
that international shipping activities are causing or may cause damage to the
attributes of the proposed area, including the significance or risk of the
potential damage, the degree of harm that may be expected to cause damage, and
whether such damage is reasonably foreseeable, as well as whether damage is of
a recurring or cumulative nature;
.2 any history
of groundings, collisions, or spills in the area and any consequences of such
incidents;
.3 any adverse
impacts to the environment outside the proposed PSSA expected to be caused by
changes to international shipping activities as a result of PSSA designation;
.4 stresses from
other environmental sources; and
.5 any measures
already in effect and their actual or anticipated beneficial impact.
6. ASSOCIATED
PROTECTIVE MEASURES
6.1
In the context of these Guidelines, associated protective measures for PSSAs
are limited to actions that are to be, or have been, approved or adopted by IMO
and include the following options:
6.1.1
designation of an area as a Special Area under MARPOL Annexes I, II or V, or a
SOx emission control area under MARPOL Annex VI, or application of special
discharge restrictions to vessels operating in a PSSA. Procedures and criteria
for the designation of Special Areas are contained in the Guidelines for the
Designation of Special Areas set forth in annex 1 of Assembly resolution
A.927(22). Criteria and procedures for the designation of SOx emission control
areas are found in Appendix 3 to MARPOL Annex VI;
6.1.2
adoption of ships' routeing and reporting systems near or in the area, under
the International Convention for the Safety of Life at Sea (SOLAS) and in
accordance with the General Provisions on Ships' Routeing and the Guidelines
and Criteria for Ship Reporting Systems. For example, a PSSA may be designated
as an area to be avoided or it may be protected by other ships' routeing or
reporting systems; and
6.1.3
development and adoption of other measures aimed at protecting specific sea
areas against environmental damage from ships, provided that they have an
identified legal basis.
6.2
Consideration should also be given to the potential for the area to be listed
on the World Heritage List, declared a Biosphere Reserve, or included on a list
of areas of international, regional, or national importance, or if the area is
already the subject of such international, regional, or national conservation
action or agreements.
6.3
In some circumstances, a proposed PSSA may include within its boundaries a
buffer zone, in other words, an area contiguous to the site-specific feature
(core area) for which specific protection from shipping is sought. However, the
need for such a buffer zone should be justified in terms of how it would
directly contribute to the adequate protection of the core area.
7. PROCEDURE FOR THE
DESIGNATION OF PARTICULARLY SENSITIVE SEA AREAS AND THE ADOPTION OF ASSOCIATED
PROTECTIVE MEASURES
7.1
An application for PSSA designation should contain a proposal for an associated
protective measure that the proposing Member Government intends to submit to
the appropriate IMO body. If the measure is not already available under an IMO
instrument, the proposal should set forth the steps that the proposing Member
Government has taken or will take to have the measure approved or adopted by
IMO pursuant to an identified legal basis (see paragraph 7.5.2.3).
7.2
Alternatively, if no new associated protective measure is being proposed
because IMO measures are already associated with the area to protect it, then
the application should identify the threat of damage or damage being caused to
the area by international shipping activities and show how the area is already
being protected from such identified vulnerability by the associated protective
measures. Amendments to existing measures may be introduced to address
identified vulnerabilities.
7.3
In the future, additional associated protective measures may also be introduced
to address identified vulnerabilities.
7.4
The application should first clearly set forth a summary of the objectives of
the proposed PSSA designation, the location of the area, the need for
protection, the associated protective measures, and demonstrate how the
identified vulnerability will be addressed by existing or proposed associated
protective measures. The summary should include the reasons why the associated
protective measures are the preferred method for providing protection for the
area to be identified as a PSSA.
7.5
Each application should then consist of two parts.