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Marine Pollution

Addressing Shipping Related Marine Pollution in the Pacific Islands Region

by Anthony Talouli
SPREP Marine Pollution Adviser

1. Background

“The Pacific islands maintain resource access rights and management responsibilities over 30 million square kilometres of ocean - equivalent to the combined land areas of Canada, China and the USA. The total population of the Pacific islands is only 6.7 million people, and only 2.6 million if the largely inland population of Papua New Guinea is excluded. There are at least 11 square kilometres of ocean for each and every Pacific Islander. Jurisdictionally, the sea is nearly 200 times more significant to the average Pacific islander than it is to the average global citizen” (Adams et al 1995)

This quote to me encapsulates the paramount importance of the oceans and its resources to pacific island countries and territories (PICTs). For many PICTs the ocean is their only significant natural resource and the good governance and sustainable management of their ocean resources is the key to their economic and social well-being.

Ever since the first settlement of our islands our cultures and ways of life have been intertwined with the oceans. Our forefathers were master mariners - the first people to navigate the open oceans while the rest of the world was still clinging to their coastal waters. The ability of these first pacific mariners to find, settle and put in place regular trade routes between minute islands within our immense ocean realm must rank as one of the finest achievements of humankind. It is even more so with the fact that the only navigational aids that they had to achieve this was their intimate knowledge of the stars, currents and wind. Our way of life then was in harmony with the ocean and our natural environment.

Today this intertwining of our way of life with the ocean still exists. However with the advent of increasing and changing patterns in population and a development oriented economy with increased commercial activities the impacts of our activities on the ocean are more significant. On land all our main cities and towns are on the coasts and most of the commercial activities (primary industries and industrial) are primarily on the coastal fringe. At sea shipping and fishing are the primary activities. The ocean plays a role in all these activities, we need to ensure that we keep our oceans healthy so that it is able to continue supporting these activities.

1.1 The PACPOL Programme

SPREP and the International Maritime Organization (IMO) formulated and approved the Pacific Ocean Pollution Prevention Programme (PACPOL) in 1998 as a joint 5-year programme to address shipping related marine pollution. Funding was secured in 1999 and the programme is currently being implemented to run from 2000-2004. The programme is currently planned for strategy review in 2008 finding out what are the new priorities from the pacific islands countries and territories for another 5 year programme.

The Government of Canada through its Canada-South Pacific Ocean Development Programme (C-SPOD) provided principal funding for the PACPOL Programme. The International Maritime Organization provided supplementary funding through a Memorandum of Understanding (MOU) with SPREP provided that SPREP manage IMO’s technical Co-operation Programme within the Pacific Islands region. Other donors fund specific activities within the PACPOL programme.

Canada’s C-SPOD funding programme to the whole region ended in 2004. IMO has continued to provide funding for the continued implementation of the PACPOL Programme.

1.2 Need for the PACPOL Programme

Marine Pollution is recognised as one of the four main threats to the world’s oceans. Shipping is a significant source of marine pollution. The relevance of activities implemented through the PACPOL programme has continued to be high on the agenda of the SPREP Meetings.

At the global level recent marine spill incidents and the new threat of invasive marine species continue to highlight the need to address the environmental impacts of shipping. Pacific Island Countries need assistance in addressing their obligations under recent IMO legal instruments such as the Convention on Anti-fouling Systems; Protocol on Hazardous and Noxious Substances; Bunkers Convention and most recently the Ballast Water Convention and the Ship Wreck Removal Convention.

1.3 The Shipping and Fishing Sector within the Region

Shipping along with fishing, are the most intensive human use of the world’s seas, being active across all maritime zones and jurisdictional boundaries. Any activity relating to the governance of the seas must therefore take account of shipping and fishing as the major human uses of the ocean realm.

Today shipping is truly global, multi-national, and gargantuan. Shipping carries more than 90% of world trade and as such underpins the continued economic development of global human society, and is a vital force for the delivery of globalisation of the world economy. Currently, there are approximately 85,000 commercial ships registered on the books of flag States, transporting around 5,400 million tonnes of cargo across the oceans each year. The modern global shipping fleet comprises a bewildering array of ship types and sizes, from super tankers to car ferries to bulk carriers to aircraft carriers, container ships and cruise liners, not to mention all types of fishing vessels. Equally bewildering, is the diversity of cargoes carried. Try to identify one object or event around you that is not shipping-dependant.

In the pacific islands region shipping can be divided into three main types:

• Domestic shipping – shipping that takes place exclusively within a single states’ Economic Exclusive Zone (EEZ)
• International shipping – shipping that occurs from one state’s port to a second state’s port.
• Transit shipping – shipping that passes through the region without calling into any PICT’s port.

The vessels involved in shipping generally a set route that is managed along internationally mandated protocols.

Within these three types of shipping we can categorise vessels into the following

• Merchant – Containers vessels and tankers
• Passenger – Ferries and cruise vessels
• Military – Naval and coast guard
• Yachts and Pleasure Craft
• Fishing vessels – domestic and distant water fleet

Fishing vessels are different in that they follow no set route, as they will go wherever the fish run. As such they will often venture into unfamiliar and at times uncharted waters.

In addition to vessels the shipping and fishing sector have land-based activities such as ports, shipbuilding and repair facilities and oil storage and bunkering facilities. All these shipping related activities have the potential to impact on the marine environment. Impacts can be classed into two types:

• One off planned or accidental impacts – such as port construction and marine spills
• Operational impacts – impacts from normal operations such as ships waste management

2. Focal Activity Areas Addressed Through the Current PACPOL Programme

The approach taken by PACPOL is that we will provide the tools, technical advice and assistance that members need to address shipping related marine pollution while member states are responsible for implementation. The PACPOL Strategy and Workplan was formulated through a 1-year consultation process where all members were consulted during country missions then finalised in a regional workshop prior to its being tabled and endorsed at the 1998 SPREP Meeting.

The PACPOL programme addresses shipping related marine pollution issues that have been identified and prioritised by our members. Progress on implementation of the PACPOL Strategy and Workplan was reviewed during the bi-annual regional PACPOL Workshop to ensure that it was kept current with member priorities. Since 1998 PACPOL has hosted 4 Regional Workshops in Fiji 1998; Samoa 1999; French Polynesia 2001 and New Zealand 2003. At the Auckland workshop in 2003 member countries agreed not to hold regional but national workshops.

The provision of model legislation that provides enabling legislation for all IMO and other shipping/fishing related international legal instruments has been implemented. This recognised that all PICs have little or no legal drafting capability and has been a major reason why PICs have been unable to implement measures to allow them to meet their convention obligations or is a primary factor in their not becoming a party to international legal instruments. This model legislation has been adapted to suit domestic arrangements and passed in the Cook Islands, Tonga and Tuvalu. Samoa is the latest to have enacted marine pollution legislation in the first 2008 parliamentary sitting. Fiji and Vanuatu are well into their legal drafting process.

2.1 Marine Spills

These activities seek to assist members in meeting their obligations under the OPRC and Intervention Conventions and the recently revised SPREP Pollution Emergencies Protocol the Oil Protocol and HNS protocol. A regional risk marine spill risk assessment was carried out. The first task was to characterise shipping within the region and to map navigation hazards. This has been done and is kept in a Geographic Information System. The risk assessment identified that the main risk was from groundings rather than collisions and also identified key areas where groundings were most likely to occur. It also assessed the level of risk at all major ports and identified the high-risk ports. Management measures were recommended on how to minimise these risks.

Marine Spills will occur even with the best preventative and management measures. It was essential to put in place an effective suite of marine spill contingency plans. Marine Spills are classified into 3 tiers;

• Tier 3 – major spills that are beyond the capability of one state to respond to or will impact on more than one state. Requires international co-operation.
• Tier 2 – spills that are within the capability of one state to address and impacting only on that state
• Tier 1 – minor spills that are within the capability of one facility to address

The development of plans and the capability to address these spills is the focus of this activity. The “Pacific Islands Regional Marine Spill Contingency Plan (PACPLAN)” was formulated and endorsed at the 2000 SPREP Meeting to address Tier 3 spills. It provides the framework and modalities through which international assistance is requested and provided in the case of a major spill. It essentially recognises the inability of PICTs to respond to Tier 3 spills and makes arrangements whereby primary and secondary respondent roles have been allocated to Australia, France, New Zealand and the USA for each PICT. PACPLAN has to date been activated twice.

Table 1: Primary and Secondary Sources of Assistance - Divisions of Responsibility

At the Tier 2 level a model “National Marine Spill Contingency Plan (NATPLAN)” was formulated and provided. Most PICTs now have NATPLANs in place. In the FSM their governance structure necessitated the drafting of State Plans and to date these have been drafted for Kosrae and Yap States.

At the Tier 1 level the model legislation requires that any facility that stores fuel in bulk or undertakes fuel transfer be required to have a marine spill contingency plan. Oil Terminals already have these in place but need to be reviewed to ensure that they are consistent with the NATPLANs. The other facility types that need to have plans are ports and power stations. We are currently working to address port contingency plans with the Pacific Countries of Ports Association (PCPA) formally known as Association of Pacific Ports (APP) and will collaborate in a similar exercise with the Pacific Power Association.

With the exception of Fiji, Niue and Papua New Guinea there are no significant stockpiles of marine spill equipment in PICs. All territories with the exception of Tokelau and Wallis and Futuna have their own stockpiles of equipment. We have formulated a Regional Marine Spill Equipment Strategy that recommends what is needed for each PICT and the associated financing, maintenance, replacement and training requirements. SPREP recently delivered equipment with funding from IMO to Tonga, Samoa and the Cook Islands. FSM, Palau and Marshall Islands have recently placed orders to purchase oil spill equipment. Niue have equipment stored by Bulk Fuel Corporation. Fiji & PNG have equipment and have also set up pollution levies which are aimed at providing sustainable financing of equipment maintenance, replacement and training requirements.

2.2 Ships Waste Management

A review of ships waste management in the region was undertaken. It examined the obligations under MARPOL 73/78 and the status of compliance with these provisions. The review found that no PIC was MARPOL compliant. It identified that it was “unethical” to require smaller PICs who have severe physical limitations when it comes to acceptable waste management to provide for ships waste from international shipping. A regional arrangement whereby regional waste reception centres were designated at the ports of Apra (Guam), Papeete, Noumea, Lautoka (Fiji), Suva and Port Moresby was recommended. These are the only ports within the region to be obligated to accept international shipping waste. All countries continue to be responsible for waste from domestic shipping. These arrangements were tabled and accepted at the 2002 SPREP Meeting and subsequently at the 49th Session of IMO’s Marine Environment Protection Committee (MEPC) in July 2003. There are no provisions under MARPOL for such regional arrangements so PACPOL was requested by MEPC to draft a resolution with the necessary amendments for tabling at the April 2004 session of MEPC.

The illegal dumping of waste at sea leads to the issue of marine debris. The issue is one that is concern because of hazard to navigation (incident in South Korea where a ferry capsized due to its propeller shaft being fouled by derelict fishing gear causing the loss of over 200 lives), entanglement of marine mammals, “ghost fishing” (derelict fishing gear that continues to catch fish after it is lost or abandoned) and the potential of marine debris to be a vector for invasive marine species.

The particular concern in the region is that the fishing fleet operating in our waters are distant water fleets. As such we are reliant for much of the enforcement on the implementation by their respective flag states to implement their obligations. In 2002 there were 1,116 vessels on the Forum Fisheries Agency (FFA) register consisting of 959 fishing vessels and 116 “mother ships” or refrigerated fish carriers. Many of these vessels are old, a significant number end up being abandoned and most fall below the size limits to which MARPOL applies. Some vessels are registered in countries that are not party to MARPOL 73/78. Some fleets fish in EEZs but do not come into ports so port state control provisions do not apply. These fleets spend extended periods at sea or anchored within the lagoon without coming in to port – what happens to their waste? Is it stockpiled until they reach their home port?

2.3 Port Operations

There are two main types of ports in the pacific the large commercial ports that are run either by the private sector or port authorities and the smaller social service ports that are not run along commercial lines by the government. PACPOL and the Association of Pacific Ports (APP) entered in a partnership in September 2003 to implement the PCPA's (APP’s) Environment Accord. Activities will include the formulation and implementation of Environmental Management Guidelines for Pacific Island Ports and model Port Marine Spill Contingency Plans. We are also implementing the recommendations on ships waste management that apply to ports.

2.4 Invasive Marine Species

The issue of invasive marine species from shipping related vectors in particular ballast water but also hull fouling is one of four major threats to the world’s oceans. The advent of bigger faster ships has increased the potential for the introduction of marine invasive species carried in ballast water. All marine life has a planktonic stage in its life cycle and therefore all have the potential to be transported in Ballast. Well documented cases such as the zebra mussel infestation in the great lakes of North America, jellyfish in Eastern European inland seas and the North Pacific Starfish in Australia have caused major ecological upheavals and multi-million dollar economic costs. There is also the potential risk to human life, health and safety through the introductions of toxic dyno-flagellates and infectious diseases.

Activities to date within the region have been limited to raising awareness through presentations during country missions. PACPOL has recently formulated a Regional Strategy on “Shipping Related Invasive Marine Pests in the Pacific (SRIMP-PAC)” to address the issue in 2004-2005 and was approved at the 2006 SPREP Meeting in Noumea. The SRIMP-Pac is part of the regions responsibility under the new IMO Ballast Water Convention 2004. The SRIMP-PAC also has an action with a budget of US $3.9 million that will be partly financed by Global Ballast Water Management Programme Phase II (GloBallast Partnerships).

2.5 World War II Wrecks

In September and December 2001 there were significant marine spill incidents at Ulithi Atoll, yap, FSM. The spill was from an unforeseen source, the USS Mississinewa a sunken WWII US Navy tanker (see link for regional strategy to address WWII wrecks). This incident prompted the 2001 SPREP Meeting to instruct SPREP in collaboration with the South Pacific Applied Geo-Science Commission (SOPAC) to draw up a Regional Strategy to address WWII wrecks. This task was given to PACPOL to carry out but this work will be carried out on a bilateral basis with countries that have WWII wrecks.

The Regional Strategy was drafted and presented to the 2002 SPREP Meeting. The strategy was in two phases with the first phase being a more generic preliminary investigation to set up a database of wrecks, carry out a preliminary risk assessment and to agree on the intervention for each level of risk. The second stage is site-specific assessments based on risk priority identified in the first phase and the implementation of the agreed intervention. It was also recommended that the USS Mississinewa be the first wreck to undergo this process. The 2002 SPREP meeting endorsed the regional strategy and approved the implementation of the first phase.

In 2002 the US Navy carried out investigations including operational plans and an environmental impact assessment. A pump out of the USS Mississinewa was carried out in February 2003. A total of 2 million US gallons (aprox. 9 million litres) of heavy fuel oil was pumped out and taken to Singapore for reprocessing.

As part of its implementation of the first phase of the regional strategy, SPREP put together a GIS database on WWII wrecks and also raised the profile of the issue through presentations at international for a and the media. This included featuring on 60 Minutes (Australia) and an article in the October Issue of National Geographic. The total number of wrecks in PICTs EEZ is 857. The 2003 SPREP Meeting decided that SPREP was to cease regional implementation of the Strategy as the second phase was to be implemented bi-laterally by the state that owned the wreck and the state on whose EEZ it had sunk. SPREP was asked to continue to give technical advice and assistance to members on request.

Table 2: World War Wrecks by Exclusive Economic Zone