IMO I545E-2007 Particularly Sensitive Sea Areas.pdf

1、PSSA INTERNATIONAL ORGANIZATION Particularly PSSA Sensitive Sea Areas 2007 Edition Compilation of official guidance documents and PSSAs adopted since 7990 INTERNATIONAL MARITIME ORGANIZATION London, 2007 First published in 2007 by the INTERNATIONAL MARITIME ORGANIZATION 4 Albert Embankment, London S

2、E1 7SR Printed in the United Kingdom by Polestar Wheatons Ltd Cover image courtesy of the Spatial Data Centre, Great Barrier Reef Marine Authority 2468 109753 1 ISBN 978-92-801-1 480-5 Copyright 0 International Maritime Organization 2007 A/ rights reserved. No pari of this publication may be reprodu

3、ced, stored in a retrieval system or transmitted in any form or by any means without prior permission in writing from the lnternational Maritime Organization. Foreword A Particularly Sensitive Sea Area (PSSA) is an area of the marine environment that needs special protection through action by the In

4、ternational Maritime Organization (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 measure (APM)

5、, 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. IMO is the only international body responsible for assessing proposals for and designating

6、areas as PSSAs and adopting measures applicable to international shipping. This publication provides the reader with an overview of all PSSAs designated by the MEPC since 1990 and includes all key legal documents as follows: .1 Revised PSSA Guidelines; .2 Revised Guidelines to submit a PSSA Proposal

7、 to IMO; .3 PSSA Proposal Review Form; and .4 Uniform PSSA Resolution Format. These texts were designed by the Marine Environment Protection Committee (MEPC) to assist Member Governments in the preparation, identification and submission of PSSAs and to provide the MEPC with the information for a rob

8、ust review method of a PSSA proposal to ensure that the revised PSSA Guidelines are fu Ifi I led. It is also hoped that this publication will also assist mariners world-wide to approach and navigate near or through these PSSAs with caution and act as recommended by the APMs. Contents 1 Introduction

9、2 Legal documents PSSA Guidelines Guidance Document for Submission of PSSA Proposals to IMO PSSA Proposal Review Form Uniform PSSA Resolution Format 3 4 Annexes PSSAs designated by the Committee since 1990 . Annex 1 . PSSA Guidelines . Annex 2 - Guidance document for submission of PSSA proposals to

10、IMO Annex 3 - PSSA proposal review form . Annex 4 - Uniform PSSA resolution format . Annex 5 - PSSAs designated since 1990 Annex 6 - Great Barrier Reef PSSA and the Torres Strait PSSA as an extension of the Great Barrier Reef PSSA Annex 7 - Archipelago of Sabana-Camaguey Annex 8 - Sea Area around Ma

11、lpelo Island PSSA Annex 9 - Sea Area around the Florida Keys PSSA Annex 10 - Wadden Sea PSSA Annex 11 - Paracas National Reserve PSSA . . Annex 12 - Western European Waters PSSA Annex 13 - Canary Islands PSSA Annex 14 - Galapagos Archipelago PSSA . Annex 15 - Baltic Sea Area PSSA . . Page 1 7 10 19

12、23 30 31 32 42 53 56 59 78 93 104 121 136 . V 1 INTRODUCTION Background 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 resolution 9 of the International

13、 Conference on Tanker Safety and Pollution Prevention, 1978 concerning the protection of particularly valuable sea areas. This resolution invited the then Inter-Governmental Maritime Consultative Organization (the original name of IMCO was changed in 1982 to IMO) to incorporate any necessary provisi

14、ons within MARPOL for the protection of such areas against marine pollution from ships and dumping. These areas would be identified through an inventory of sea areas around the world which were in need of protection against marine pollution from ships and dumping, on account of the areas particular

15、value in respect of renewable resources or in respect of their importance for scientific purposes. 1.2 As a result, MEPC, recognizing the importance of this issue, consequently adopted the concept of PSSAs and identified a PSSA as an area that needs special protection through action by IMO because o

16、f its significance for recognized ecological, socio-economic, or scientific attributes where such attributes may be vulnerable to damage by international shipping activities. 1.3 In general, to be identified as a PSSA, three elements must be present: (1) the area must have certain attributes (ecolog

17、ical, socio-economic, or scientific); (2) it must be vulnerable to damage by international shipping activities; and (3) there must be a measure* with an identified legal basis that can be adopted by IMO to prevent, reduce, or eliminate risks from these activities. If approved by IMO, the end result

18、will be an area designated as a “Particularly Sensitive Sea Area” and one or more IMO-adopted measures for ships to follow. It is noteworthy that such sea areas may include the territorial sea of States, and sea areas beyond national jurisdiction. Proposals must be submitted in accordance with IMO r

19、ules and procedures for the submission of documents. Governmentst may check with the IMO Secretariat for the precise submission deadline as well as other administrative rules. 1.4 Another way of protecting sensitive sea areas is by establishing Marine Protected Areas. These are established for marin

20、e nature conservation reasons outside the IMO forum and whilst they are an effective management tool, it is important to note that they do not protect areas from international shipping activities. Marine Protected Areas, which require protection from international shipping, should be brought to the

21、attention of IMO for them to be proposed as PSSAs (or Special Areas under MARPOL), depending on the type of protection measure that is needed. Note that PSSAs can encompass both Special Areas and Marine Protected Areas and vice versa. 1.5 It is important to note that IMO is the only international bo

22、dy responsible for assessing proposals for and designating areas as PSSAs and adopting measures applicable to international shipping. 1.6 Discussions on the PSSA concept continued from 1986 to 1991 and culminated in the adoption of Guidelines for the Designation of Special Areas and the Identificati

23、on of Particularly Sensitive Sea Areas by Assembly resolution A.720( 17) in 1991 (the PSSA Guidelines). The PSSA Guidelines were designed to assist in providing guidance to IMO Member Governments in the formulation and submission of applications for designation of PSSAs and in general aim to: .1 ens

24、ure that in the process, all interests - those of the coastal State, flag State, and the environmental 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 shipp

25、ing activities and the protective measures to minimize the risk; and .2 provide for the assessment of such applications by IMO. 1 ! * The reference to “measure” or “associated protective measure” is used both in the singular and plural throughout this guidance document. It is important to recognize

26、that an identified vulnerability may be addressed by only one or by more than one measure or 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. The word “Government” is used both in the singula

27、r and plural throughout the text of this guidance document. It is clear, however, that the PSSA Guidelines recognize that an application for designation of a PSSA may be submitted by one or more Governments and therefore the use of this terminology in the singular or plural should not be taken as an

28、 indication to the contrary. PSSA 1 Introduction PSSA Guidelines 1.7 In a continuing effort to provide a clearer understanding of the concepts set out in the PSSA Guidelines, and, where appropriate, strengthening certain aspects and procedures for the identification and designation of PSSAs and the

29、adoption of associated protective measures, the IMO Assembly adopted subsequent sets of revisions of the PSSA Guidelines (A.720(17) as resolution A.885(21) in 1999 and resolution A.927(22) in 2001. In 2005 MEPC finalized a comprehensive revision of the PSSA Guidelines, as contained in annex 2 of Ass

30、embly resolution A.927(22). The Assembly adopted the current set of PSSA Guidelines as A.982(24) in 2005 and revoked annex 2 of A.927(22). 1.8 The 2005 PSSA Guidelines (A.982(24) contain key differences in comparison with earlier versions, including: .1 at the time of designation of a PSSA, an APM,

31、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 ship-related threat or identified vulnerability. Therefore all PSSA applications should identify proposals for at least one APM;

32、however, proponents will be allowed to propose additional APMs at a later stage. The term “designation in principle” is now only to be used by the Committee after it reviews a proposal and is awaiting approval or adoption of the APM by the appropriate body; .2 in order to be identified as a PSSA, th

33、e area should meet at least one of the criteria listed in section 4 (of the PSSA Guidelines) 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

34、area. Terminology in some criteria listed in section 4 has also been strengthened and clarified; .3 Member Governments wishing to have IMO designate a PSSA must submit an application to MEPC based on the criteria outlined in section 4 of the PSSA Guidelines, provide information pertaining to the vul

35、nerability of this area to damage from international shipping activities, and include the proposed associated protective measures to prevent, reduce or eliminate the identified vulnerability. Applications must be submitted in accordance with the procedures set forth in the Guidelines and the rules a

36、dopted by IMO for submission of papers; .4 there are no references to compulsory pilotage or vessel traffic management systems; and there are appropriate references to the fact that the Guidelines are to be implemented in accordance with international law; and .5 in preparing its submission for a PS

37、SA proposal, a Member Government which requires technical assistance to facilitate the development of robust and complete PSSA proposals, that Government is encouraged to request such assistance from IMO. IMO should take into account the technical and financial resources available to developing Memb

38、er Governments and those with economies in transition when considering PSSA proposals. Revised supporting PSSA documentation 1.9 In 2005 and 2006 MEPC, having noted that substantial changes had taken place in the revised PSSA Guidelines, finalized a review of the Guidance Document for Submission of

39、PSSA Proposals to IMO (MEPC.l/ Circ.510 which replaced an earlier version, MEPC.l/Circ 398), developed a uniform format of the MEPC resolutions to designate PSSAs (MEPC 54/21 annex 11) and concluded a review of the PSSA Proposal Review Form (MEPC 55/23 annex 20). Full copies of the PSSA Guidelines a

40、nd all supporting documents are contained in annexes 1, 2, 3 and 4 respectively. Existing PSSAs 1.10 Since 1990 MEPC has reviewed and designated 11 PSSAs including the Torres Strait extension to the Great Barrier Reef PSSA, which, incidentally, was the first PSSA designated in 1990 through MEPC reso

41、lutions MEPC.44(30) and MEPC.45(30). The details of every PSSA designated since 1990 have been brought together in this publication and are found in annexes 6-1 5. A useful overview of key information is set out in section 3 of this publication. 1.1 1 After designation takes place, information about

42、 the PSSA and the APM(s) is broadly disseminated to mariners operating in the designated area through identification on charts through the International Hydrographic Organization (IHO). They have also been brought to the attention of the shipping community through Notices to Mariners in a range of c

43、ountries. 2 PSSA Introduction Compliance and Enforcement 1.12 The PSSA Guidelines place an obligation on all IMO Member Governments to ensure that ships flying their flag comply with the APMs adopted to protect the designated PSSA. Nevertheless, in submitting proposals for APMs as part of a PSSA sub

44、mission, proposing member Governments need to give careful consideration to strategies for ensuring compliance by international shipping. While such strategies will depend largely on the applicable legal system, common concerns include jurisdiction, presentation of evidence, standards of proof of vi

45、olation, whether sanctions are administrative, civil or penal, and the rights of the accused. IMO suggest that an effective compliance programme should incorporate all of the following elements: - Compliance monitoring through routine inspections, surveys, and/or examinations; - Detection and polici

46、ng “patrols”; - Reporting procedures and incentives, including incentives for self-reporting; - Adequate investigations of violations reported or otherwise detected; - A system of adequate sanctions in respect of violations; - Education and public awareness programmes; and - Co-operation and co-ordi

47、nation with other State Parties. PSSA 3 2 LEGAL DOCUMENTS PSSA Guidelines 2.1 The 2005 PSSA Guidelines (Assembly resolution A.982(24) set out the detailed requirements to be included in an application for designation of a PSSA. Its requirements should be followed in preparing a PSSA proposal. To ass

48、ist Member Governments in meeting the requirements of resolution A.982(24), the document provides guidance for the development, drafting, and submission of proposals to IMO for the designation of a PSSA. The document also sets out the issues that should be included in such a proposal to facilitate i

49、ts assessment and approval by IMOs MEPC; however, the assessment and determination of whether a PSSA should be designated are ultimately controlled by whether the proposal meets the provisions of resolution A.982(24). 2.2 A copy of the 2005 PSSA Guidelines is set out in annex 1. Guidance Document for Submission of PSSA Proposals to IMO 2.3 The MEPC, at its forty-eighth session, with a view to ensuring the proper development, drafting, and submission of proposals for the designation of Particularly Sensitive Sea Areas in accordance with the PSSA Guidelines, approved a guidance document