Resolution MSC.248(83)

ADOPTION OF A NEW SHIP REPORTING SYSTEM "THE PAPAHĀNAUMOKUĀKEA MARINE NATIONAL MONUMENT" PARTICULARLY SENSITIVE SEA AREA (PSSA)

(adopted on 8 October 2007)

 

 

THE MARITIME SAFETY COMMITTEE,

 

RECALLING Article 28(b) of the Convention on the International Maritime Organization concerning the functions of the Committee,

 

RECALLING ALSO regulation V/11 of the International Convention for the Safety of Life at Sea, 1974 (SOLAS Convention), in relation to the adoption of ship reporting systems by the Organization,

 

RECALLING FURTHER resolution A.858(20) resolving that the function of adopting ship reporting systems shall be performed by the Committee on behalf of the Organization,

 

TAKING INTO ACCOUNT the guidelines and criteria for ship reporting systems adopted by resolution MSC.43(64), as amended by resolutions MSC.111(73) and MSC.189(79),

 

HAVING CONSIDERED the recommendations of the Sub-Committee on Safety of Navigation at its fifty-third session,

 

1. ADOPTS, in accordance with SOLAS regulation V/11, the new ship reporting system for "The Papahānaumokuākea Marine National Monument" Particularly Sensitive Sea Area (PSSA);

 

2. DECIDES that the ship reporting system for "The Papahānaumokuākea Marine National Monument" Particularly Sensitive Sea Area (PSSA) – (CORAL SHIPREP) – will enter into force at 0000 hours UTC on 1 May 2008; and

 

3. REQUESTS the Secretary-General to bring this resolution and its Annex to the attention of the Member Governments and SOLAS Contracting Governments to the 1974 SOLAS Convention.

 

Annex.

SHIP REPORTING SYSTEM FOR "THE PAPAHĀNAUMOKUĀKEA MARINE NATIONAL MONUMENT" PARTICULARLY SENSITIVE SEA AREA (PSSA) (CORAL SHIPREP)¹

_________________

¹ This ship reporting system was prepared based on the in-principle approval of PSSA in question by MEPC 56 and pending the final designation of the PSSA by MEPC 57 to be held in March 2008.

 

A ship reporting system (CORAL SHIPREP) is established in "The Papahānaumokuākea Marine National Monument" Particularly Sensitive Sea Area (PSSA)

 

1. Categories of ships

 

1.1 Ships required to participate in the system

 

1.1.1 As a condition of entry to a United States port or place, all ships 300 gross tonnage or greater, and all ships in the event of a developing emergency, and that are in transit through the reporting area are required to participate in CORAL SHIPREP, except for sovereign immune vessels which are exempt under SOLAS regulation V/1.

 

1.2 Ships recommended to participate in the system

 

1.2.1 All ships 300 gross tonnage or greater, fishing vessels, and all ships in the event of a developing emergency, and that are in transit through the reporting area are recommended to participate in CORAL SHIPREP.

 

2. Geographical coverage of the system and the number and edition of the reference chart used for the delineation of the system

 

2.1 The geographical coverage of CORAL SHIPREP is depicted by the geographical positions in the appendix.

 

2.2 The reference charts that include the ship reporting area are United States 19016, 2007 edition, 19019, 2007 edition, and 19022, 2007 edition. These charts are based on World Geodetic System 1984 Datum (WGS-84) and astronomic datum.

 

3. Format, content of reports, times and geographical positions for submitting reports, authorities to whom reports should² be sent, available services

_____________________

² For those ships that are required to report the use of the word "should" in this annex is to be read as "shall".

 

3.1 Format

 

3.1.1 The ship report should be drafted in accordance with the format shown in paragraph 2 of the appendix to resolution A.851(20).

 

3.2 Content

 

3.2.1 The report for a ship entering the system should contain the following information: System identifier: CORAL SHIPREP

 

 

3.2.2 The report for a ship leaving the system should contain the following information: System identifier: CORAL SHIPREP

 

 

3.2.3 A ship may elect, for reasons of commercial confidentiality, to communicate that section of the report which provides information on general categories of hazardous cargo by non-verbal means prior to entering the reporting area.

 

3.3 Geographical positions for submitting reports

 

3.3.1 Each ship should submit a full report in accordance with paragraph 3.2.1 as soon as it crosses the boundary to enter the ship reporting system.

 

3.3.2 Each ship should submit a report in accordance with paragraph 3.2.2 as soon as it crosses the boundary to leave the ship reporting system.

 

3.3.3 Further reports should be made whenever there is a change in navigation status or circumstances, particularly in relation to item Q of the reporting format.

 

3.4 Authority to whom reports should be sent

 

3.4.1 The shore-based Authority is the United States Coast Guard's Communication Area Master Station Pacific (CAMSPAC). For ships 300 gross tonnage and greater, an e-mail address to be used for reporting through INMARSAT-C will be provided in advance of implementation of this system through Notices to Mariners. In the event of a developing emergency, ships are urged to call the United States Coast Guard 14th District. Vessels unable to report in through INMARSAT-C should report to nwhi.notification@noaa.gov.

 

4. Information to be provided to ship and procedures to be followed

 

4.1 The CORAL SHIPREP shore-based Authority will provide critical alerts and information to shipping about specific and urgent situations and other information that may affect safety of navigation within the IMO-adopted Areas To Be Avoided and "The Papahānaumokuākea Marine National Monument" Particularly Sensitive Sea Area, as well as remind ships about the existence of the IMO-adopted Areas To Be Avoided and necessity of navigating with extreme caution through the Particularly Sensitive Sea Area.3

 

4.2 Navigational warnings and emergency broadcasts will be issued as NAVTEX messages or specifically directed at GMDSS equipped vessels using INMARSAT-C.

 

5. Radio Communication required for the system and frequencies on which reports should be transmitted

 

5.1 This system will be based on INMARSAT-C and an e-mail and ships equipped with such capabilities should report through INMARSAT-C.

 

5.2 In the event of a developing emergency, a ship is urged to call the United States Coast Guard 14th District at 001-808-541-2500 to request a response and assistance.

 

5.3 For vessels unable to communicate through INMARSAT-C, reports should be made prior to, during, or after transiting through the reporting area to nwhi.notification@noaa.gov.

 

5.4 Commercially sensitive information will be kept confidential and should be transmitted prior to entry into the reporting system. Such information may be sent to nwhi.notification@noaa.gov.

 

5.5 The language used for reports to the system should be English, employing the IMO Standard Marine Communications Phrases, where necessary.

 

5.6 Communications associated with CORAL SHIPREP are, in accordance with SOLAS regulation V/11, free of charge to affected vessels.

 

6. Relevant rules and regulations in force in the area of the system

 

6.1 International actions

 

6.1.1 The United States has taken appropriate action to implement the international conventions to which it is party.

 

6.1.2 In recognition of the fragile environment in this area and potential hazards to navigation, the IMO has adopted several Areas To Be Avoided to protect the Northwestern Hawaiian Islands and has designated the area as a Particularly Sensitive Sea Areas where mariners should navigate with extreme caution.³

_________________

³ Pending the final decision of MEPC 57 on the designation of this PSSA.

 

6.1.3 The United States applies its laws in accordance with international law, which includes navigational rights under customary international law as reflected in the United Nations Convention on the Law of the Sea. No restrictions shall apply to or be enforced against foreign flagged vessels unless in accordance with such law.

 

6.2 Domestic Actions

 

6.2.1 The United States has taken considerable action to ensure maritime safety and to protect the fragile environment and cultural resources and areas of cultural importance significant to Native Hawaiians in the NWHI. This area has been the subject of a variety of protective measures, including designation of this area as the Northwestern Hawaiian Islands Marine National Monument (subsequently renamed the Papahānaumokuākea Marine National Monument) in recognition of its fragility and to protect the many species of coral, fish, birds, marine mammals, and other flora and fauna, as well as to protect historical and archaeological heritage resources, including cultural resources and areas of significant importance to Native Hawaiians.

 

6.2.2 Regulations in this area, inter alia, prohibit taking, possessing, injuring, or disturbing any resource; altering the seabed; anchoring or deserting a vessel; and possessing fishing gear unless stowed. All of these activities may be allowed by permit; however, permits cannot be issued for such things as releasing an introduced species. Activities such as discharging or depositing any material into the Monument, or discharging or depositing any material outside the Monument that subsequently injures Monument resources, except discharges incidental to vessel use, such as approved marine sanitation device effluent, cooling water, and engine exhaust are also prohibited. The United States strictly regulates entry into the Monument and, for those vessels subject to United States jurisdiction, requires the mandatory use of vessel monitoring systems on those vessels that may be allowed into the Monument for specific purposes.

 

7. Shore-based facilities to support operation of the system

 

7.1 The shore-based Authority is the United States Coast Guard's Communications Area Master Station Pacific (CAMSPAC). CAMSPAC provides maritime distress communication services and safety and weather broadcasts to commercial and recreational mariners, and also provides secure voice communications and record message delivery services for all United States Coast Guard cutters, aircraft, and shore units. Additionally, CAMSPAC is one of the United States Coast Guard's Pacific Area's (PACAREA) Continuity of Operations sites. CAMSPAC delivers contingency and interagency communication services for Incident Commanders by deploying a state-of-the-art transportable communications center. CAMSPAC is the Operational Commander of the United States Coast Guard's Pacific Area Communications System, consisting of communication stations in Honolulu Hawaii, Kodiak Alaska, and remote facilities in Guam. There are approximately 150 people assigned to CAMSPAC.

 

7.2 CORAL SHIPREP will use INMARSAT-C communications equipment. A computer server handles and sorts incoming reports and sends the return message. Incoming reports are text messages that arrive via either internet e-mail or telex. When the ship reporting system server receives a report, the server sends the ship a specific return message. Area co-ordinators will monitor and update the information to the server for inclusion in the outgoing message.

 

8. Alternative communication if the shore-based facilities fail

 

8.1 NAVTEX Broadcast Notice to Mariners may be used to notify mariners of the temporary failure of the system and can provide mariners with basic information necessary to navigate safely through this area.

 

8.2 For those ships reporting through INMARSAT-C, the standard protocol now used for such systems will be used to re-route incoming and outgoing communications through an alternative address and it is expected that this will minimize the system's downtime, though a short delay may occur.

 

9. Measures to be taken if a ship does not report

 

9.1.1 All means will be used to encourage and promote the full participation of the ships recommended to submit reports.

 

9.1.2 If reports are not submitted by those ships required to report and the ship can be positively identified, appropriate action will be taken – including interaction with the flag State – in accordance with customary international law as reflected in the 1982 United Nations Convention on the Law of the Sea.

 

Appendix.
GEOGRAPHICAL CO-ORDINATES

 

SHIP REPORTING SYSTEM

 

(Reference chart: United States 19016 (2007 edition; 19019, 2007 edition; 19022, 2007 edition.) These charts are based on World Geodetic System 1984 Datum (WGS-84) and astronomic datum.)

 

1. Outer Boundary

 

 

2. Inner Boundary Around Kure Atoll, Midway Atoll, and Pearl and Hermes Atoll