Overview• Which IMO measure

should you choose?• Use of four real world

examples• Factors to consider in

choosing an IMO measure

• Summary of potential difficulties and benefits of IMO action

Which Measure Should You Chose? Summary of Various “Area” Measures

• SOLAS V/Reg 10: Routing– e.g., areas to be avoided,

traffic separation schemes, no anchoring areas, recommended routes

• SOLAS V/Reg 11: Mandatory Ship Reporting

• MARPOL: Special Areas, Sox Emission Control Areas

• Particularly Sensitive Sea Areas

Which Measure Should You Chose?Issues to Consider

• Identification of Issues: The more specific the better (e.g., pollution v. illegal discharges, oil, sewage)

• Identification of possible IMO measures: Be Creative! (e.g., ATBA v. Special Area designation)

• Fundamentals: – Who and how to draft

proposal– How to gain support

Four Real World Examples

Monterey Bay National Marine Sanctuary (NMS)

Identification of Issues– Ships operating w/n 1-

2 miles of shore– Concern collisions

including w/ high no. recreational craft, groundings, inability to get to disabled ship before it ran into coast

– Mystery spills

Monterey Bay NMS

Identification of Possible IMO Measures

• multiple measures and combinations of measures were considered

• Routing (e.g., ATBA, recommended tracks, realignment of TSSs)

• Mandatory Ship Reporting• PSSA designation• But not Special Area

designation

Monterey Bay NMS

Why not PSSA designation?• Ecological, Socio-economic,

scientific characteristics: – Uniqueness, critical habitat, diversity,

spawning or breeding grounds, economic

• Vulnerability:– Ships operating very close to shore,

potential for collisions between fast moving commercial ships and recreational activities, mystery oil spills

• IMO tools available to address vulnerability

Monterey Bay NMS• Why not PSSA

designation, since all criteria were fulfilled?– Timing and chart

cycle, desire to proceed as expeditiously as possible

Ship Strikes of Right Whales

Identification of Issue• “right” whale to kill• Highly endangered

(approx. 300 remaining)• Ship collisions largest

known source of human-related mortality

• Behavior characteristics and habitat in areas where large number of ships operate

Ship Strikes of Right Whales

Identification of Possible IMO Measures

• Routing measures

• Mandatory Ship Reporting System

• PSSA designation

• Special Area designation not considered

Ship Strikes of Right Whales

Why not PSSA designation?• Ecological, Socio-economic,

scientific characteristics: – Critical habitat, spawning or

breeding grounds, research, education

• Vulnerability: – Over 50% of human-related

mortalities of right whales are caused by ship strikes; right whales occur in areas where there is a high volume of ship traffic

• IMO tools available to address vulnerability

Ship Strikes of Right Whales

So why was PSSA designation not pursued, since all criteria were fulfilled?– Political considerations,

potential for controversy

– First time IMO measure to protect single species

Flower Garden Banks National Marine Sanctuary (NMS)

Identification of Issue• Foreign flag vessels

anchoring on fragile coral reefs

• Cleaning bilge and decks while anchored

Flower Garden Banks NMS

Identification of Possible IMO Measures

• Routing measures– ATBA– Creation of new measure,

No Anchoring Area

• PSSA• Special Area designation

not considered

Flower Garden Banks NMS

Establishment of three mandatory no anchoring areas

Flower Garden Banks NMS

Why not PSSA designation?• Ecological, Socio-economic,

scientific characteristics: – Uniqueness, dependency,

integrity, research

• Vulnerability:– Significant damage to the area

has been caused by ships’ anchors and anchor cables and chains

• IMO tools available to address vulnerability

Flower Garden Banks NMS

So why was PSSA designation not pursued, since all criteria were fulfilled?– Weighing the options

(FGNMS/FKNMS), size of the area, ability to address the damage fully by adoption of the measure

Marine Area Around the Florida Keys

Identification of Issues• Anchor damage to

ecological reserve• Significant risk of

collisions in one of four existing ATBAs

• Sewage • Significant amount of

traffic in the area

Marine Area Around the Florida Keys

Identification of Possible IMO Measures:• Routing measures (ATBAs, NAA)• Special Area designation• PSSA designation

Marine Area Around the Florida Keys

Why PSSA designation?• Ecological, Socio-

economic, scientific characteristics: – The site fulfills almost

every one of the factors• Vulnerability:

– Various types of damage, including potential collisions, ships grounding on coral, and damage caused by anchoring, as well as concerns regarding discharges

Marine Area Around the Florida Keys

IMO measures available to address vulnerability:– Four existing areas to

be avoided (ATBAs)– Amendment of one

existing ATBA, and– Three mandatory no

anchoring areas

Marine Area Around the Florida Keys

Why was PSAA designation pursued?– Model proposal,

amount of vessel traffic in this area (40% of world’s ship traffic), its vulnerability and economic importance, history of incidents, comparison to other potential U.S. sites

Factors to Consider in Choosing an IMO Measure

1. Ability to fulfill criteria (e.g., routing, reporting, special area, PSSA)

2. Tailoring of measures to address risk

3. Legal status of measure (SOLAS, MARPOL, PSSA Guidelines)

4. Political considerations5. Consultations with other

affected States

Factors to Consider in Choosing an IMO Measure

6. Availability of data 7. Preparation of

documents8. Timing issues9. Strategy to proceed10. Domestic

implementation (e.g., charting, NTM, regulatory actions)

Potential Difficulties

1. Obtaining data on ship traffic in the area (e.g., volume of ships, types, sizes, cargo carried, routes) and vulnerability of area

2. Political support domestically and at IMO

Potential Difficulties

25º45’.70N 80º06.’00W

25º38’.70N 80º02’.70W

25º22.’00N 80º03’.00W

25º06’.38N 80º19’.26W

24º56’.37N 80º47’.30W

24º37’.90N 80º17’.30W

24º29’.20N 80º43’.17W

24º22’.30N 80º43’.15W

3. Publication of charts and notices to mariners

4. Coordinates of the area

Potential Benefits of IMO Action

1. Reduce risk of damage from international shipping to area by adoption of measures tailored to address risk

2. Notice to international maritime community of risk and adoption by IMO of measures to address it

3. Increased maritime safety and protection of marine environment from damage by ships

Potential Benefits of IMO Action

4. Educate shipping community about significance of area

5. Increased awareness about area’s sensitivity to shipping activities

6. Increased compliance with IMO measures as well as any domestically adopted regulations

Potential Benefits of IMO Action

7. Potential for higher standard of care in vessel operations, including environmentally safe and sound navigation

8. Ensure that impacts on the area and international shipping will be fully considered

Conclusion

While obtaining an IMO measure takes work and dedication of resources to develop a proposal, there are significant benefits to doing so.