Particularly Sensitive Sea Areas
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PSSA Particularly Sensitive Sea Areas 2007 Edition Compilation of official guidance documents and PSSAs adopted since 1990 B INTERNATIONAL MARITIME ORGANIZATION London, 2007 First published in 2007 by the INTERNATIONAL MARITIME ORGANIZATION 4 Albert Embankment, London SE1 7SR Printed in the United Kingdom by Polestar Wheatons Ltd Cover image courtesy of the Spatial Data Centre, Great Barrier Reef Marine Authority 24681097531 ISBN 978-92-801-1480-5 IMO PUBLICATION Sales number: I545E Copyright # International Maritime Organization 2007 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means without prior permission in writing from the International Maritime Organization. Foreword AParticularlySensitiveSeaArea(PSSA)isanareaofthemarineenvironmentthatneedsspecialprotection through action by the International 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), 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 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 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 robust review method of a PSSA proposal to ensure that the revised PSSA Guidelines are fulfilled. 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. PSSA iii Contents Page 1 Introduction .................................................................................. 1 2 Legal documents PSSAGuidelines........................................................................ 5 GuidanceDocumentforSubmissionofPSSAProposalstoIMO.......................... 5 PSSAProposalReviewForm............................................................ 5 UniformPSSAResolutionFormat........................................................ 6 3 PSSAs designated by the Committee since 1990 ............................................ 7 4 Annexes Annex1–PSSAGuidelines............................................................. 10 Annex2–GuidancedocumentforsubmissionofPSSAproposalstoIMO................ 19 Annex3–PSSAproposalreviewform................................................... 23 Annex4–UniformPSSAresolutionformat............................................... 30 Annex 5 – PSSAs designated since 1990 ................................................ 31 Annex 6 – Great Barrier Reef PSSA and the Torres Strait PSSA as anextensionoftheGreatBarrierReefPSSA.................................. 32 Annex 7 – Archipelago of Sabana-Camagu¨ey............................................ 42 Annex 8 – Sea Area around Malpelo Island PSSA ........................................ 53 Annex 9 – Sea Area around the Florida Keys PSSA ...................................... 56 Annex10–WaddenSeaPSSA.......................................................... 59 Annex11–ParacasNationalReservePSSA............................................. 78 Annex12–WesternEuropeanWatersPSSA............................................ 93 Annex13–CanaryIslandsPSSA........................................................ 104 Annex14–GalapagosArchipelagoPSSA............................................... 121 Annex15–BalticSeaAreaPSSA....................................................... 136 PSSA 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 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 provisions 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 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 of 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 (ecological, 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 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 rules and procedures for the submission of documents. Governments{ 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 marine 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 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 body responsible for assessing proposals for anddesignatingareasasPSSAsandadoptingmeasures 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 Identification 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 ensure 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 shipping activities and the protective measures to minimize the risk; and .2 provide for the assessment of such applications by IMO. * 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 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 singular 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 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 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,