International Legal Framework for the Protection of the Marine Environment.- International Regulation of Shipping for the Protection of the Marine Environment.- The Particularly Sensitive Sea Area Concept.- PSSA Designation and Implementation of the PSSA Guidelines by the IMO.- State Practice: Application of the PSSA Concept.- Issues Identified with the PSSA Concept Through an Examination of State and IMO Practice.- Development of a Strategic Framework for the PSSA Concept.- Conclusions and Recommendations.
Chapter 5
PSSA Designation and Implementation of the PSSA Guidelines by the IMO ( P. 111)
5.1 Introduction
Chapter 4 provided an overview of the PSSA concept, its status in international law and, in particular, a prima facie analysis of the IMO's PSSA Guidelines.1 However, in order to fully appreciate both the utility and the identified shortfalls in the PSSA concept, it is also necessary to understand the process by which the IMO considers proposals for new PSSAs. Accordingly, this chapter provides an overview of the requirements for submitting a proposal for the identification of a PSSA to the IMO, and considers how the IMO undertakes its evaluation of such proposals in order to make a final determination on designation.
In doing so, this chapter reviews the different elements of a PSSA proposal and, in particular, the range of measures available to protect such areas from the impacts of shipping activities. Consideration is therefore given to the range of IMO measures that are available to address environmental concerns, in particular, the application of ships' routeing measures.
Having reviewed state practice in this regard, this chapter contrasts the application of routeing measures for environmental purposes with the designation of PSSAs. In doing so this chapter considers why some member States show a preference for the former, despite the PSSA concept being specifically established for the identification and protection of sensitive marine areas. As a case study, it describes the designation of the first mandatory area to be avoided, around New Zealand's Poor Knights Islands marine reserve.
Numerous IMO committees and sub-committees have a role to play in the designation of a PSSA. In conclusion, this chapter provides an analysis of the roles of the different IMO bodies and the inter-relationship with each other in the context of PSSA designation.
5.2 Submitting a Proposal for PSSA Designation
The PSSA Guidelines make it clear that only IMO member States can submit proposals for the identification of a PSSA2 and that the IMO is recognised as the only international body with competence for designating areas as PSSAs and adopting APMs for their protection.3 Where appropriate, the IMO may consider joint proposals from multiple States bordering an area proposed as a PSSA.4 Any application for a PSSA must contain three parts:
(1) A summary of the objectives of the proposed PSSA identification, its location, the need for protection and proposal for APMs,
(2) A detailed description of the area, together with a chart, an explanation of the significance of the area based on the recognised criteria, and an explanation of the vulnerability of the area to damage from international shipping activities, noting the factors regarding maritime activities listed in the criteria, and
(3) A description of the proposed measures, showing how they will provide the needed protection from the identified threats of shipping damage.
As a result of the incorporation of Resolution A.885(21) into the 2001 Guidelines, the PSSA Guidelines make it clear that identification of a PSSA and its protection with legal measures are two separate but related matters.
