david eley designation of particularly sensitive sea areas (pssa)

David Eley

Designation of Particularly Sensitive Sea Areas (PSSA)

What is a PSSA?

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, and

where such attributes may be vulnerable to damage by international shipping activities.

What kind of special protection?

An appropriate legal instrument establishing a measure to:

• prevent, • reduce, or • eliminate

the threat or identified vulnerability.

International Maritime Organization (IMO) is the only international body authorized to grant a PSSA and associated protective measurements.

What is the process?1. Proposal from a member

government (US Dept of State)

2. Application reviewed by Marine Environment Protection Committee (MEPC).

3. Associated protective measure(s) reviewed by the pertinent Sub-Committee.

4. If approved by MEPC then forwarded to the Assembly for approval and adoption.

Resolution A.982(24)Adopted on 1 December 2005

REVISED GUIDELINES FOR THE IDENTIFICATION AND DESIGNATION OF

PARTICULARLY SENSITIVE SEA AREAS

What should be in the application?

What is it that international shipping can damage?

Examples include coral reefs, spawning or breeding grounds, tourism.

What should be in the application?

How natural factors and vessel traffic combine to create a vulnerability.

(ex. Heavy weather, restricted channels, high level of tank vessel traffic.)

U.S. Coast Guard photo

What should be in the application?

Pertinent miscellaneous information:• History• Risk analysis• Traffic growth potential

What should be in the application?

Proposed protective measures and how they provide protection from threats of international shipping.

Marine Exchange of Alaska photo

What should be in the application?

Impact of protective measure on safety of navigation.

Potential impact on vessel operations, including commerce.

Marine Exchange of Alaska photo

Current PSSA’s

1. The Great Barrier Reef, Australia (1990, area extended in 2005)

2. Sabana-Camagüey Archipelago in Cuba (1997)3. Malpelo Island, Colombia (2002)4. Florida Keys, United States (2002)5. Wadden Sea, Denmark, Germany, Netherlands

(2002)6. Paracas National Reserve, Peru (2003)

7. Western European Waters (2005)

‘Politically’ Sensitive Sea Area?

• Over reach?• Effected 25% of the world’s

ship traffic• Reaction to the PRESTIGE

incident amongst others• Initial proposal to prohibit

heavy oil carriage in in single hulls

Recent PSSA’s

8. Canary Islands, Spain (2005)9. Galapagos Archipelago, Ecuador (2005)10. Baltic Sea area, Denmark, Estonia, Finland, Germany, Latvia, Lithuania, Poland and Sweden (2005)11. Papahānaumokuākea Marine National Monument, United States (2007)12. Strait of Bonifacio, France and Italy (2011)

Examples of Protective Measures

Baltic Sea

1. Deep water routing

2. Areas to be Avoided

Vessel Reporting and Tracking

Protective measure: required pilotage for vessels carrying HAZMAT

Florida Keys PSSA

1. Area(s) To Be Avoided (ATBA) for vessels over 50 meters.

2. Designated anchorages.

Papahānaumokuākea PSSA

1. Vessel reporting within 10 NM of the Papahānaumokuākea National Monument

2. Six ATBA’s

In conclusion, bear in mind…..

All interests - those of the coastal State, flag State, and the environmental and shipping communities – must be thoroughly considered on the basis of relevant scientific, technical, economic, and environmental information.

Bear in mind…..

The proposed protective measurements must be consistent with the provisions of United Nations Convention on the Law of the Sea (UNCLOS).

Includes issues of sovereign immunity.

Bear in mind……

The PSSA and associated protective measure should not ‘duplicate effort.’

Are adequate federal and State measures already in place?

Bear in mind……

The United States must sponsor the application.

Questions?

Florida Keys PSSA