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BY
DR. SHARIFAH NORA SYED IBRAHIM
ACTING EXECUTIVE DIRECTOR
CTI-CFF SECRETARIAT
1. Introduction: Environmental Security Challenges2. Coral Triangle3. SDG 14 and CBD Aichi Targets 10 & 114. Marine Environment Protection (UNCLOS & IMO)5. PSSA (Particularly Sensitive Sea Area)
Existing PSSAProposed PSSA
6. Way Forward
CLIMATE CHANGE : UN Security Council categorizes CC as a Security Threat(e.g. high SST & coral bleachings, ocean acidification, damage from storms) threatens marine ecosystems
Fisheries in tropical ecosystems (SEA) is projected to decline significantly
FOOD SECURITY & LIVELIHOODS: Millions of people in tropical areas depend on coastal resources for livelihoods and nutrients
To increase marine ecosystem resilience, must reduce stressors or other environmental security challenges
• - reduce GHGs, CO2• - overfishing, destructive fishing, IUU Fishing (e-CDT, etc)• - LBSM Pollution (wastes, plastic debris, sediments,, N, P,
chems, etc)• - Habitat destruction, land reclamation• - Shipping-based damage
• * Pollution (operational and accidental discharges), • * Physical damage (groundings)• * Introduction of Invasive Species (ballast)• * sound pollution (acoustics, seismics O&G, etc)
- INTRODUCTION
- Busy shipping traffic, seaborne trade linking East and West, Indian and Pacific oceans
- in AW, TS, CZ, EEZ, HS
- including choke points: straits, SUINs, ASLs
- in SCS and Coral Triangle region
- SCS, CT : ~ semi enclosed sea (UNCLOS)* Ecotourism cruise
ship MV Caledonia Sky grounded at Raja Ampat MP, Indonesia
* USS Guardian grounded at Tubbataha RNP, Philippines
2. Coral Triangle
A 6-million km2 ecosystem that supports the economies of the region and livelihoods of more than 100 million people.
Core of world’s centre of marine biodiversity.
More coral reef species than anywhere else on Earth.
Surpasses the Great Barrier Reef, Caribbean, Red Sea, etc
FACTS
1.5% of the world's total ocean area
The data layers presented here represent indicators of pressure from local human activities and global climate change. The local threats evaluated are coastal development, watershed-based pollution, marine pollution, and overfishing and destructive fishing. The global threats evaluated include ocean warming and acidification.
The Coral Triangle Initiative on Coral Reefs, Fisheries, and Food Security (CTI-CFF) is a multilateral partnership of six countries formed in 2009
-CTI CFF cooperate to protect marine and coastal resources
-address crucial issues such as food security, climate change and marine biodiversity.
INSTITUTIONAL ARRANGEMENTS
01“Priority Seascapes” Designated & Effectively Managed
02EAFM & other marine resources fully applied
03MPAs established and effectively managed
05Threatened Species Status Improving
04Climate Change Adaptation Measures Achieved
CTI-C
FF R
POA
GOAL
S
TECH
NIC
AL W
G (T
WGs
)
TARGET 1: “Priority Seascapes” designated, with investment plans completed and sequenced;TARGET 2: Marine and Coastal resources within all “Priority Seascapes” are being sustainably
managed.
01
“Priority Seascapes” Designated &
Effectively Managed
Chair: INDONESIA; Co-Chair: PHILIPPINESMain Development Partners: CONSERVATION INTERNATIONAL
MAIN ACHIEVEMENTS / CURRENT STATUS
o Current seascapes includes the Sulu Sulawesi Marine Ecoregion (SSME) and the Bismarck Solomon Seas Ecoregion (BSSE)
o Seascape General Model and Framework finalized last year.
RPOA Goal 1 (Seascape), Target 1 (Seascape Designation priority), Regional Action 2 (joint investment plans and PSSA); Target 2 (resources in priority seascapes sust managed), Regional Action 1 (general model for sust mgmt., and PSSA) NPOA Malaysia: Goal 1 (Seascape), Target 1 (Priority Seascape), National Action 3 (ID and assess PSSA within Msian priority seascape) (with Output as PSSAs delineated, & enhanced sci of PSSA; Indicators as # of PSSAs nominated to IMO, # of sci papers/reports, database on PSSA available to public; target 2012; actors as NOD/MOSTI, DoF, DMPM, Sabah Parks, Unis, DTCP, DTRP, Marine Dept, FRI).
TARGET 1: Strong legislative, policy and regulatory frameworks in place for achieving EAFM;TARGET 2: Improved income, livelihoods and food security in an increasingly significant number of
coastal communities across the region through a new Sustainable Coastal Fisheries and Poverty Reduction Initiative (“COASTFISH”); and
TARGET 3: Effective measures in place to help exploitation of shared tuna stocks is sustainable, with tuna spawning areas and juvenile growth stages adequately protected.
MAIN ACHIEVEMENTS / CURRENT STATUS
o Completed TOR, EAFM Framework, M&E indicators;o EAFM trainings at regional and local levels; countries adopted training modules; countries
strengthen fisheries policies and legislations.
Chair: TIMOR LESTE Co-Chair: MALAYSIAMain Development Partners: various partners02EAFM & other marine
resources fully applied
TARGET 1: Region-wide Coral Triangle MPA System (CTMPAS) in place and fully functional
MAIN ACHIEVEMENTS / CURRENT STATUS
o Completed MPA System Frameworko Completed M&E indicatorso Generated MPA map via CT Atlaso CTMPAS nomination and selection process implementedo Design of Regional Recognition Awards for best managed MPAso Undertake prioritization exercise on capacity building needs of each country
Chair: INDONESIA Co-Chair:Main Development Partners: WWF03MPAs established and
effectively managed
TARGET 1: Region-wide Early Action Plan for Climate Change Adaptation for the near-shore marine and coastal environment and small island ecosystems developed and implemented;
TARGET 2: Networked National Centers of Excellence on Climate Change Adaptation for marine and coastal environments are established and in full operation
MAIN ACHIEVEMENTS / CURRENT STATUS
o Publication of the Region-wide Early Action Plan (REAP) for CCA in the CT region and Local Early Action Plan (LEAP) for CCA
o M&E indicators incorporated into CT Atlas.
Chair: MALAYSIA; Co-Chair: PHILIPPINESMain Development Partners: various partners04Climate Change
Adaptation Measures Achieved
TARGET 1: Improved status of sharks, sea turtles, seabirds, marine mammals, corals, seagrass, mangroves and other identified threatened species
MAIN ACHIEVEMENTS / CURRENT STATUS
o Identified the need for development of Region-wide Conservation Plans for sea turtles, sharks & rays, marine mammals respectively; and
o Identified the need for the development of a Region-wide Assessment on Threatened Species in the CT region
Chair: MALAYSIA; Co-Chair: PHILIPPINESMain Development Partners: WWF & GIZ05Threatened Species
Status Improving
4 of 6 Coral Triangle countries are Archipelagic states (with AW and ASL): Indonesia, Philippines, Papua New Guinea, and Solomon Islands
Archipelagic Waters (AW)Art 47 UNCLOS (Innocent Passage applies here)AW under Sovereignty of archipelagic states
Archipelagic Sea Lane (ASL)ASL Passage (ASLP) appliesdesignated pursuant to IMO regulations (axis line, max 50 nm corridor or 10% Rule)
4. CHALLENGES* INSUFFICIENT FUNDING* SUSTAINABLE BUSINESS PLANS* TECH & CAPACITY BUILDING NEEDED* TRANSBOUNDARY ISSUES, * INSTITUTIONAL & GOVERNANCE ISSUES* ALIGNMENT WITH NATIONAL, REGIONAL & INTERNATIONAL MEAS
Ships on transit passage or ASLP must comply with Generally applicable international rules and standards (GAIRAS) for safety at sea and pollution controlArt. 39(2), Art. 54
For marine environmental protection, IMO is theinternationally recognized organization
IMO have instruments like MARPOL, SOLAS, COLREG and PSSA
Courtesy of Roach, 2017.
IMO work is integral to SDG 14, conventions such as LC/LP, MARPOL, and UN treaty regime e.g. CBD, UNCLOS, UNFCCC.
SDG 14: Life Below WaterConserve and sustainably use the oceans, seas and marine resources for sustainable development
SDG TARGET 14.5By 2020, conserve at least 10 per cent of coastal and marine areas, consistent with national and international law and based on the best available scientific informationhttps://sustainabledevelopment.un.org/sdg14
14.1 By 2025, prevent and significantly reduce marine pollution…14.2 By 2020, sustainably manage and protect marine and coastal
ecosystems to avoid significant adverse impacts, including by strengthening their resilience, …
14.5 By 2020, conserve at least 10 per cent of coastal and marine areas, consistent with national and international law…
14.7 By 2030, increase the economic benefits to Small Island developing States and least developed countries from the sustainable use of marine resources, including through sustainable management of fisheries, aquaculture and tourism
14.B Provide access for small-scale artisanal fishers to marine resources and markets
14.C Enhance the conservation and sustainable use of oceans and their resources by implementing international law as reflected in UNCLOS, which provides the legal framework for the conservation and sustainable use of oceans and their resources, as recalled in paragraph 158 of The Future We Want
Target 10:By 2015, the multiple anthropogenic pressures on coral reefs, and other vulnerable ecosystems impacted by climate change or ocean acidification are minimized, so as to maintain their integrity and functioning.
Target 11:By 2020, at least 17 per cent of terrestrial and inland water, and 10 per cent of coastal and marine areas, especially areas of particular importance for biodiversity and ecosystem services, are conserved through effectively and equitably managed, ecologically representative and well connected systems of protected areas and other effective area-based conservation measures, and integrated into the wider landscapes and seascapes
IMO is the UNCLOS competent organization for environmental protection (Arts. 21, 94, 211, 235, Part XII, etc.
(IMO also works with the FAO on IUU fishing)For example:
UNCLOS Art. 211 Vessel-based Pollution:
States, acting through IMO, to establish international rules and standards to prevent, reduce or control pollution from ships
Part IX Enclosed or Semi-Enclosed SeaArticle122
Definition
For the purposes of this Convention, "enclosed or semi-enclosed sea" means a gulf, basin or sea surrounded by two or more States and connected to another sea or the ocean by a narrow outlet or consisting entirely or primarily of the territorial seas and exclusive economic zones of two or more coastal States.
Article123
Cooperation of States bordering enclosed or semi-enclosed seas
States bordering an enclosed or semi-enclosed sea should cooperate with each other in the exercise of their rights and in the performance of their duties under this Convention. To this end they shall endeavour, directly or through an appropriate regional organization:
(a) to coordinate the management, conservation, exploration and exploitation of the living resources of the sea;
(b) to coordinate the implementation of their rights and duties with respect to the protection and preservation of the marine environment;
(c) to coordinate their scientific research policies and undertake where appropriate joint programmes of scientific research in the area;
(d) to invite, as appropriate, other interested States or international organizations to cooperate with them in furtherance of the provisions of this article.
ENFORCEMENT by Coastal State, (Port State) , Flag State (Navy, Coast Guard, Maritime Enforcement Agency, etc)
IW= per sovereigntyTS & EEZ = when ship (that violated its national antipollution and other laws) enters port voluntarily (Art. 230)HS = Flag State (Art. 92) SUIN & ASL = transit and ASLP not hampered (Art. 2. 44, 54) unless violated environ laws (Art. 233)
DISCHARGES:MARPOL 73/78 Annexes I – VI (oil, noxious liquids in bulk, Harmful substances, Sewage, Garbage, Air Pollution of NOx, SOx, VOC, ODS) Only Annex III does not provide for Special Area
STANDARDS:• CDEM (Construction, Design, Equipment,
Manning) Standards• Navigation standards• (incl. to avoid collisions with threatened species0
… Navigation Standards (1974 SOLAS, Chapter V Safety of Navigation)• Ships Routeing (Regulation V/10)
- TSS (Traffic Separation Scheme, with traffic lanes)- Deep water route- Precautionary area (navigate with extra caution, traffic flow recommended)
- ABTA (Area To Be Avoided, a defined area where hazardous navigation or exceptionally important toavoid casualties, all or certain types of ships must avoid)
• Ship Reporting Systems (Regulation V/11)
Vessel Traffic Services
Particularly Sensitive Sea Area “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.”
IN: Revised guidelines for the identification and designation of Particularly Sensitive Sea Areas (PSSAs) (resolution A.982(24) 2005 and Amendments (2015) ( MEPC.267(68) )
* PSSA is a strategic environmental assessment and onlyone of many risk/management tools for use in marineenvironment protection
PSSA CRITERIA
At least one of the three criteria must be met:
1. Ecological criteria (uniqueness, dependency, diversity,productivity, naturalness, integrity and vulnerability etc);
2. Social, cultural and economic criteria;
3. Scientific and education criteria (research, baseline,monitoring studies, education, historical value, etc).
I. Describe, significance (criteria: ecological, socioeconomic, scientific) , vulnerable to international shipping activities
II. Appropriate APMsI. - basis for each APMII. - show usual measures applied in TS
and EEZ are inadequate
Source: IMO Res. A 982(24) and MEPC.1 /Circ. 510
Thus, a Proposed PSSA must:• Fulfill at least 1 PSSA criteria • Be at risk from international shipping activities• Sufficient information to determine suitability of APM to
address its specific vulnerability• Availability of IMO measures (APM) to provide the extra
protection
• i.e. Have causal link between the threats to the recognized criteria and how the proposed Associated Protective Measures (APM) may help alleviate the threats.
• 3 types of APMs:
• any measure that is available in an existing instrument(E.g. MARPOL SA, SOLAS & COLREG VTS, Ship Reporting and Routeing)
• any measure that does not exist yet but that should be available as a generally applicable measure and that falls under the competences of IMO
• (E.g. not yet in existence but States can propose new measures which can be used by others e.g. discharge restrictions, speed limit, no anchoring areas, tug escorts, pilotage, etc.
• any measure proposed for adoption in the territorial sea or pursuant to article 211(6) of the UNCLOS.
(E.g. specific measures beyond existing international rules but the measures should be proportionate and must not impede innocent passage, and only with IMO prior approval).
Examples of APMs (Associated Protective Measures)
• ABTA (Area to be Avoided) navigation hazardous or very important to avoid casualties
• Mandatory Ship Reporting• Two-way route• Traffic Separation Scheme (opposing flows in lanes)• Pilotage• No anchoring zone• Deep water Route• Precautionary area (extra caution needed)
• Potential impacts of proposed APMs on navigation indicated
• Summary of measures done by proposing State to protect the proposed PSSA
• Proposing State must ensure appropriate national legislation and administrative/institutional mechanisms in place to enforce compliance to APM
• If approved and designated, modifications on Nautical Charts soonest possible (e-charts or paper)
• Notices to mariners• Routine inspections/surveys for compliance monitoring
In IW & TS: Coastal States may adopt measures without requesting IMO to designate a PSSA
In SUIN: Coastal States have limited power to regulate ships on transit passage but can prescribe TSS after adoption by IMOE.g. Straits of Malacca and Singapore, ship reporting and
traffic system as proposed by Indonesia, Malaysia, Singapore
PSSA in Straits: Strait of Bonifacio PSSABaltic Sea PSSA
BALTIC SEA PSSA: Several APMs in place
PSSA in Archipelagic Waters:
Archipelagic Sea Lane (ASL) Passage on ASL or Straits
Coastal State jurisdiction in ASLP similar to for transit passage in Straits, TSS upon IMO recommendation
PSSA in AW:Tubbataha RNP PSSA (Philippines)Jomard Entrance PSSA (PNG)
Only Member Govts of IMO can propose a PSSA.17 PSSAs worldwide so far:
17 PSSAs so far globally, small and large
Large and transboundary PSSAs :• the Wadden Sea PSSA (Denmark, Germany,
Netherlands), • Western European PSSA (Belgium, France, Ireland,
Portugal, Spain, UK), • Baltic Sea PSSA (Denmark, Estonia, Finland,
Germany, Latvia, Lithuania, Poland, Sweden) • Barents Sea PSSA.
Existing PSSA in Asia Pacific:
1990 Great Barrier Reef MP (GBR) 2005 GBR Extension to Torres Strait2015 GBR extension to Coral Sea2016 Papua New Guinea, Jomard Entrance2017 Philippines, Tubbataha RNP
Proposed PSSA:Indonesia (Lombok straits)Malaysia (P. Kukup & )Vietnam (Halong Bay)
• >70% of known coral genera• Major source of coral larvae• Major source of fish larvae• Within Megafauna (cetaceans)
migratory path• Major seabirds rookery
Republic Act No. 10067 (2010)• An Act Establishing the Tubbataha
Reefs Natural Park in Palawan as a Protected Area Under the Nipas Act (R.A. 7586),
• Proc 306 (1988), Proc 1126 (2006)
• 1993 UNESCO World Heritage Site• 1999 Ramsar Convention Area
• Shipping traffic very heavy
• 12 grounding incidents in 12 years by dive boats and other vessels
• USS Guardian grounding alone damaged ca. 2,350 sq. m of reefs
• Total of ca. 8500 sq. m. damaged by groundings
PSSA Process 2013-2018
IMO MEPC Res. 71/8
• APM: Area to be Avoided (ATBA)- coincides with TRNP Buffer Zone
boundary- 4,470.30 sq. km- shipping traffic kept away from
TRNP to avoid groundings, pollution
• Comes into effect: 1 January 2018
INDONESIA: LOMBOK STRAITS
MALAYSIA: KUKUP-PIAI
• Indonesia is large archipelagic state • total land area: 1.9 million sq. km • ocean area: additional 3.2 million sq. km
• Raja Ampat MP marine life diversity is the highest recorded on Earth.
• Diversity is considerably greater than any other area sampled in the Coral Triangle
• E.g. 1,508 fish species, 537 coral species , 99 molluskspecies
LEGAL Basis:
UNCLOS Part IV: Archipelagic StateArt. 53: Right of Archipelagic Sea Lane Passage
UNCLOS Part XII PPMEArt. 192 General Obligation Art. 194 Measures to Prevent, reduce, and control pollution of the Marine Environment
SOLAS Chap V.COLREG Rules 8, 9. 10MARPOL Annex I-VI
ISSUES
1. Narrow strait (ASL-II)2. 6742 vessels passed through (580 tankers, rest
cargoes)3. Potential oil spill4. Increasing traffic in SOMS and Sunda strait5. Increasing VLCC traffic in Lombok strait6. Economic development in Asia
PROPOSED APMs:2 ATBA35 NM TSS4 Precaution Area2 VTS-SRS38 ATON
Feb. 2018: APMs to be submitted to 5th IMO NCSRApril 2018: PSSA Submission to 72nd IMO MEPC
Kukup Island and Cape Piai National Parks:
-National Parks (Johore State Park Corporation Enactment, 1989)-Wetlands Of International Importance RAMSAR Convention 1971. -mangroves and intertidal mudflats-vulnerable/endangered birds-migratory bird species and endangered mammals.
+ Kukup Island is located in the narrow stretch of the Straits of Malacca
+ Piai Cape is within SOMS Traffic Separation Scheme and Deepwater Route.
+ issues with high number of ships ( 80,959 in 2015), illegal discharge of oily waste, sewage and garbage from land
Proposed APMs:
- Area to Be Avoided (ATBA)- Mandatory No Anchoring Area (MNAA)- More thorough reporting (in addition to the STRAITREPrequirements) of tankers and ships over 300 gross tonnagecarrying oil or dangerous bulk cargo as cargo navigating withinthe area.- Speed limits to be introduced for the different types of vessels.- Compulsory reporting in accordance to MARPOL provisions.
LEADERSHIP TRAINING: LAW SUMMER ACADEMIES
Apart from IMO-related WMU (Malmo) and IMLI (Malta), there are several short courses with scholarships:
Yeosu Academy of the Law of the Sea, Korea Maritime Institute (KMI)http://www.yeosuproject.kr/eng/sub/sub03_01.php
Rhodes Academy of Oceans Law and Policyhttp://www.virginia.edu/colp/rhodes-academy.html
ITLOS Training & Capacity-Building (incl. Dispute resolution)https://www.itlos.org/the-registry/training/
IFLOS Summer Academy, Tribunal of the Law of the Seahttps://www.itlos.org/en/the-registry/training/iflos-summer-academy/
Hague Summer Academyhttps://www.hagueacademy.nl/programmes/summer-courses/
Combat IUU Fishing
Large, Transboundary WHS
Large Transbouondary PSSA is potentially applicable to the Coral Triangle (CT) region and SCS to conserve the rich ecosystems and biodiversityCountries may consider working together with IMO in order to consider PSSAs, where needed.
WAY FORWARD: FundingSustainable Funding an issueInterim: external Development Partners, IMO, GEF, GCF, Blue Action Fund, etc
AcknowledgementFor use of maps and images: Shipmap.org CTAtlas http://ctatlas.reefbase.org/mapgallery.aspx WWF Individuals mentioned in the slides
