Developing a Clear-Cut Policy and Strategy for Oil Spill Response and Investigation Towards Promoting a Sustainable Ocean- Based Economy in Nigeria
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DEVELOPING A CLEAR-CUT POLICY AND STRATEGY FOR OIL SPILL RESPONSE AND INVESTIGATION TOWARDS PROMOTING A SUSTAINABLE OCEAN- BASED ECONOMY IN NIGERIA AYOKUNLE FATUBARIN The United Nations Nippon Foundation Fellowship Programme December, 2015 Disclaimer The views expressed herein are those of the author and do not necessarily reflect the views of the United Nations, The Nippon Foundation of Japan, or World Maritime University, Malmo Sweden. ABSTRACT The project gives an overview of a comprehensive strategy and standard framework to fill up the gaps and improve on the existing policies of the oil spill response and investigation in Nigeria. Oil spill properties and characteristics were discussed extensively with attempts to state clearly the devastating impacts of oil spills on the marine environment. Also, oil spill assessments, review of oil spill incidents in Nigeria and its categories were specifically noted to show clearly the historical impacts of oil spillage that had occurred since the commencement of oil exploration and production activities in Nigeria for over five decades. The present oil policies and strategies were discussed and attempts were made to highlights some future improvements. Conclusions were drawn and appropriate recommendations made to safeguard the marine environment and ensure that Nigeria can benefit sustainably from an ocean based economy. i ACKNOWLEDGMENTS I want to express my sincere and heartfelt appreciation to the NIPPON Foundation for the sponsorship of the Fellowship programme, which had provided a veritable platform and unique opportunity for me to build capacity and research extensively in the field of ocean affairs and the law of the sea. Also, the UN DOALOS team that coordinated the programme most especially the Programme Officer in charge Ms. Valentina Germani who used her diplomatic instinct and intellectual capacity to manage and successfully steered the programme, Dr. Francois Bailet, and Ms. Simone Dempsey for their leadership and moral guidance. The DOALOS team created the enabling environment and world-class opportunity for each of the Fellows to exhibit their talent: develop their core leadership capacity for future higher responsibilities and also conduct out a thorough research that would be beneficial to their home countries. The WMU where the research was carried out provided a favorable atmosphere and world-class resources and materials to produce a quality research. I would like to sincerely thank my supervisor Professor Olof Linden for his technical inputs, and moral guidance throughout the duration of the second phase of the programme. Also, Professor Neil Belofontaine and Professor Larry Hiderbrand for their moral assistance and encouragement. The MERG team members - Jenny Laarson, Jonas, Henrik, Khanssa, Annuka, Fabio, Tafsir, Lilitha and Josefin for their moral contributions and the good times we spent together. I am very appreciative of the efforts of Ms Sue Jackson, Ms Lyndel Lundahl, Ms Carla Escalante Fisher, Gabriel, Wael, Tan, Joseph, Chris and Ursula Hoebeke, for making my stay at the WMU memorable and a successful one. Also, noteworthy is NIMASA my esteemed organization for their efforts to allow me participates in the UN-DOALOS Fellowship Programme. Many thanks and best regards to the retiring Director of the MEM Department Mr. Tunde Adewale for his unalloyed support, Mrs. Kate Nwuba, Mr. Siraj Usman, Mrs. Omotunde Adenaike, Adebayo Longe, Chief Gani Alayaki, Kayode Atanda, Aminu Ilah, Yetunde Idris, Laide Abdulmalik, Stella Okonkwo, and Mike Ejezie for their moral assistance and technical support. Finally to my parents Professor and Mrs Ayo Fatubarin who are great pillars of support for me. I am very appreciative and grateful for their spiritual guidance and moral support. Also, I want to express my sincere appreciation and gratitude to my sisters Tope, Tolu and Yemi for their immeasurable and candid support throughout the duration of the programme. ii LIST OF ACRONYMS DOALOS – Division of the Ocean Affairs and the Law of the Sea GDP- Gross Domestic Product GIS- Geography Information System GIWACAF- The Global Initiative for West and Central Africa IMO- International Maritime Organization IOPC- International Oil Pollution Compensation ITOPF- International Tanker Owners Pollution Federation Limited JOA- Joint Operating Agreements MARPOL- International Convention for the Prevention of Pollution from Ships MERG- Marine Environment Research Group MEM- Marine Environment Management MNOC- Member of National Oil Companies NGO- Non Governmental Organization NIMASA- Nigerian Maritime Administration and Safety Agency NOC- National Oil Companies OPRC- The International Convention on Oil Pollution Preparedness, Response and Co- operation OPRC-HNS- The International Convention on Oil Pollution Preparedness, Response and Co- operation relating to Hazardous and Noxious Substances OPEC- Organization of Petroleum Exporting Countries SAR- Synthetic Aperture Radar SPDC- Shell Petroleum Development Company STCW- International Convention on Standards of Training, Certification and Watch keeping for Seafarers UN- United Nations UNCLOS- The United Nations Convention on the Law of the Sea UNCTAD- United Nations Conference on Trade and Development WHO- World Health Organization WMU- World Maritime University iii iv TABLE OF CONTENTS DISCLAIMER ABSTRACT…………………………………………………………………………….........i ACKNOWLEDGEMENTS. ………………………………………………….….............….ii LIST OF ACRONYMS……………………………………….………….....…….…………iii TABLE OF CONTENTS…………………………………...…….………...…………..iv - vii LIST OF FIGURES……………………………………...………..……...…….………....…ix LIST OF TABLES………………………………...…….………..……………..……….…..x INTRODUCTION…………………….….…………………..…………….……….………..1 NIGERIAN COASTAL AREAS…………………………………………………………3 HYDROLOGY AND CLIMATE OF NIGERIA’S COASTAL AREAS……..………..…...3 GEO-CHARACTERISTICS OF NIGERIA’S COASTAL AREAS….……….…………….5 VEGETATION OF NIGERIA’S COASTAL AREAS……………………………………...6 THE HISTORY OF OIL AND GAS INDUSTRY OPERATIONS IN NIGERIA….....……7 MARINE POLICY INSTRUMENTS……….……………..….…………………………….8 UNCLOS…………………....…………………………………………………….9 IMO……..………………………….…………………………………………….12 MARPOL………………………………..……………………………………….14 OPRC…………..………………………………………………………………...15 CONTEXT AND BACKGROUND INFORMATION……..……………………..……….16 AREA OF STUDY AND APPLICATION…………………………………………...……17 PROBLEM STATEMENT………………………………..……………………………… PURPOSE AND OBJECTIVES……………………………………………………………18 v PART ONE OIL COMPOSITION, PROPERTIES AND ITS BEHAVIOUR IN THE MARINE ENVIRONMENT……………………………………………………………………..................19 CHAPTER 1 OIL PROPERTIES AND CHARACTERISTICS………………………………...20 SECTION A……………………………..……………………………………….20 INTRODUCTION……………………………………………………………….20 TYPES OF OIL………………………………………………………………21-22 CHEMICAL PROPERTIES OF OIL…………………………………………………………....23 PHYSICAL PROPERTIES OF OIL…………………………………………………………….24 SECTION B……………………………………………………………..….……27 INTRODUCTION………………………………………………….…...……….27 BEHAVIOR AND MOVEMENT OF OIL IN THE ENVIRONMENT..….……………………27 MOVEMENT OF THE OIL………………………………………………………...…………...33 CHAPTER 2 IMPACTS OF OIL POLLUTION ON NIGERIA’S MARINE ENVIRONMENT AND ITS EFFECTS ON ECONOMIC AND SOCIAL ACTIVITIES………………………..…34 SECTION A………………………………………………………………..…….34 INTRODUCTION……………………………………………………….………34 IMPACTS OF OIL SPILLAGE ON MANGROVE VEGETATION………………………..….38 IMPACTS OF OIL SPILLAGE ON MARINE LIFE……………………………………....……42 SECTION B…………………………………………………………………..….48 INTRODUCTION……………………………………………………...………..48 EFFECTS OF OIL POLLUTION ON SOCIAL AND ECONOMIC ACTIVITIES AND THE QUEST TO PROMOTE AN OCEAN BASED ECONOMY IN NIGERIA………..…………..48 AN INTEGRATED APPROACH TO GOVERNANCE- THE QUEST FOR A SUSTAINABLE OCEAN-BASED ECONOMY (BLUE ECONOMY) IN NIGERIA……………………………52 PART TWO vi OIL SPILL INCIDENTS, ASSESSMENT, RESPONSE PLANNING AND GOVERNANCE IN NIGERIA (POLICIES AND STRATEGIES)…………………………………………..….……55 CHAPTER 1 OIL SPILL INCIDENTS, ASSESSMENT AND RESPONSE PLANNING…….56 SECTION A………………………………………………………….………….56 INTRODUCTION…………………………………………………...………….56 SPILL ASSESSMENT……………………………………………………………………..……58 SOURCES OF OIL POLLUTION…………………………………………………………...….59 REVIEW OF OIL SPILL INCIDENTS IN NIGERIA………………………………………..…60 SECTION B………………………………………………..…………………...63 INTRODUCTION…………………………………………………………..….63 TIERED PREPAREDNESS AND RESPONSE STRUCTURE…………………………..…….63 CHAPTER 2 OIL SPILL GOVERNANCE IN NIGERIA (POLICIES AND STRATEGIES)....65 SECTION A………………………………………………………………...….65 INTRODUCTION………………………………………………...…………...65 MANAGEMENT OF OIL SPILL AND ITS RESPONSE POLICIES IN NIGERIA…………..66 SECTION B……………………………………………………...……………68 POLICIES AND STRATEGIES…………………………………..………….68 vii LIST OF FIGURES Page FIGURE 1……………………………………………………………………………………........2 viii FIGURE 2…………………………………………………………………………………………4 FIGURE 3…………………………………………………………………………………………6 FIGURE 4……………………………………………………………………………………..…11 FIGURE 5………………………………………………………………………………………..28 FIGURE 6…………………………………………………………………………………..……29 FIGURE 7…………………………………………………………………………………..……30 FIGURE 8…………………………………………………………………………………..……38 FIGURE 9…………………………………………………………………………………..……39 FIGURE 10………………………………………………………………………………………44 FIGURE 11…………………………………………………………………………….….……..45 FIGURE 12……………………………………………………………………………….…..….46 FIGURE 13………………………………………………………………………………………49 FIGURE 14……………………………………………………………………………………....50 ix LIST OF TABLES Page TABLE 1.0…………………………………………………………………………………….…37 TABLE 2.0……………………………………………………………………………..…….…..42 TABLE3.0………………………………………………………………………………………..62 x INTRODUCTION Nigeria, one of Africa’s largest countries with the best endowed in terms of natural