Download IMO MARINE ENVIRONMENT PROTECTION COMMITTEE 54th

INTERNATIONAL MARITIME ORGANIZATION
E
IMO
MARINE ENVIRONMENT PROTECTION
COMMITTEE
54th session
Agenda item 8
MEPC 54/8
15 December 2005
Original: ENGLISH
IDENTIFICATION AND PROTECTION OF SPECIAL AREAS AND PARTICULARLY
SENSITIVE SEA AREAS
Proposal for the designation of South Africa’s southern continental shelf waters
as a Special Area under MARPOL Annex I
Submitted by the Republic of South Africa
SUMMARY
1
Executive summary:
This document sets out a proposal to designate a certain marine area
around the South African coast as a Special Area under
MARPOL Annex I. This area is oceanographically unique and hosts
a large number of endemic species. Some of these and other species
for which the proposed Special Area constitutes an important habitat
are classified as threatened under the IUCN ‘Red List’ criteria.
Significantly this includes the African penguin, Cape gannet, and
three cormorant species. Operational oil discharges and spills from
international and domestic shipping constitute risks to these species
and the environment sustaining them. Special Area designation
would significantly assist South Africa in meeting its national and
international obligations for environmental protection and pollution
reduction in the region.
Action to be taken:
Paragraph 4
Related documents:
Annex 1 of Assembly resolution A.927(22) and MEPC 54/INF.2
INTRODUCTION
1.1
This proposal is for the designation of part of South Africa’s continental shelf waters as a
Special Area under MARPOL Annex I. The reason for requiring Special Area designation is to
assist in controlling the impact of illegal and/or irregular operational discharges by international
shipping on vulnerable biological and social resources, particularly on the survival of threatened
seabird populations and on livelihoods in the region. The co-ordinates of the proposed Special
Area and a map of the area are set forth in paragraph 2 below.
For reasons of economy, this document is printed in a limited number. Delegates are
kindly asked to bring their copies to meetings and not to request additional copies.
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1.2
South Africa is a coastal State with approximately 3,000 kilometres of coastline and a
large continental shelf area exposed to environmental risks associated with shipping. The
southern tip of Africa is skirted by one of the most concentrated oil tanker and cargo shipping
routes in the world (about 120 million tons of oil per annum and large volumes of bunker fuel).
These comprise vessels travelling between West Asia and the Middle East, and Africa, and
Europe and the East Coast of the Americas (Figure 1). Off Cape Point and Cape Agulhas general
cargo vessels approach to within 5 nm, and tankers to within 20 nm, of the coast.
Proposed Special Area
Figure 1: Ports and major shipping routes around southern Africa in relation to the
proposed Special Area. (Source: CSIR GIS GROUP: EMATEK, Stellenbosch,
March 1994).
1.3
Both the coast itself and the continental shelf are important resources for South Africa’s
socio-economic development in terms of fisheries, transport, tourism, eco-tourism and recreation.
It is particularly the latter three that represent the best opportunities for sustainable development
and thus contribute to the alleviation of poverty, which has been identified as one of the nation’s
developmental priorities. Further, the region supports important international (resident and
migrant seabirds, whales and dolphins) and national biodiversity resources (the former plus a
variety of other species and environments) that South Africa is committed to conserve. All of
these are critically dependent on the retention of the natural features of the region through,
inter alia, prevention of pollution from a range of human activities including shipping.
1.4
Owing to the prevailing oceanographic conditions (interactions between winds, currents
and waves) oil discharged from vessels transiting the continental shelf within the proposed
Special Area is carried towards the coastline. The estimated occurrence/incidence of operational
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and accidental discharges is on average 3.25 events per month, as evidenced by direct
observation from aircraft and patrol boats, and the rescue of oiled seabirds. 37 shipping accidents
that resulted in oil losses to the sea or coast occurred in the area between 1983 and 2000. The
largest single loss was 175,000 tonnes. The majority of shipping accidents occurred between
Cape Point in the south and Saldanha Bay in the north.
1.5
Oil has negative effects on all vulnerable coastal and marine resources in South Africa.
Major concerns are:
.1
chronic and acute impacts of operational, accidental and illegal oil discharges on
the internationally recognized suite of endangered seabird species that exist off
South Africa,
.2
chronic and acute impacts of oil pollution on recreational beaches and coastal
industries, including eco-tourism and mariculture,
.3
damage to the South African system of Marine Protected Areas established to
conserve biodiversity in coastal waters,
.4
apparent disregard by some ship operators of the requirement to prevent pollution
of the marine environment, and
.5
South Africa as a developing country cannot afford to cover the financial costs of
environmental damage caused by negligent ship operators.
1.6
The Republic of South Africa is convinced that the proclamation of a Special Area as
countenanced under MARPOL Annex I, would markedly increase awareness of the existence of
South Africa’s marine and coastal resources, assist in their protection and thereby facilitate
regional social and economic development. The Republic has a range of domestic measures in
place designed to facilitate conservation, pollution reduction, and sustainable socio-economic
development (see paragraph 5 in the annex to this document). However, it has experienced
problems in reducing risks from international shipping and Special Area designation is
considered appropriate to reduce oil pollution risks by limiting the maximum concentrations and
quantities of ship operational oil discharges according to the provisions of MARPOL Annex I.
This measure will also help South Africa meet its national and international obligations to
conserve biological diversity.
1.7
This proposal is prepared in line with Annex 1 of Assembly resolution A.927(22)
concerning the designation of Special Areas.
2
BACKGROUND
The oceanography, ecology, and important biological and socio-economic resources of
the proposed Special Area are described in the annex to this document. This section describes the
proposed area for designation and focuses on key aspects requiring protection from the
deleterious effects of oil pollution.
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2.1
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Maritime area
2.1.1 The maritime area proposed for Special Area designation is defined by the main breeding
and feeding grounds of the internationally recognized (International Union for the Conservation
of Nature ‘Red List’) suite of endangered resident seabirds that are vulnerable to damage by
international shipping activities. These are the colonial breeding species African penguin
Spheniscus demersus, Cape gannet Morus capensis and, to a lesser extent, Cape, Bank and
Crowned cormorant Phalacrocorax capensis, P. neglectus and P coronatus. These birds breed
mainly on nearshore islands or protected mainland sites but penguins and gannets may forage far
offshore. During the breeding season gannets may forage more than 120 km from their nest sites
whilst satellite tracking has confirmed the presence of penguins on the outer extremities of the
continental shelf, 220 km from the shore. These ranges are determined by the distribution of the
preferred prey species (sardine Sardinops sagax and anchovy Engraulis capensis).
2.1.2 Accordingly, the proposed Special Area incorporates the continental shelf from the mouth
of the Spoeg River in the west to immediately east of the Great Fish river mouth in the east
extending out to the continental shelf break at the 500 m isobath. The area encompasses the
whole of the continental shelf region known as the Agulhas Bank as well as the southern and
central portion of the southern Benguela upwelling ecosystem. Table 1 lists the co-ordinates for
the Special Area and Figure 2 shows the proposed Special Area within the context of a regional
map.
Table 1: Co-ordinates for the proposed Special Area off the South African coast depicted
in Figure 2
Reference Point (Figure 2)
A – Shore crossing
B
C
D
E
F
G
H
I
J
K - Great Fish Pt
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Latitude S
31° 14'
31° 30'
32° 00'
32° 32'
34° 06'
36° 58'
36° 00'
35° 14'
34° 30'
33° 48'
33° 27'
Longitude E
17° 50'
17° 12'
17° 06'
16° 52'
17° 24'
20° 54'
22° 30'
22° 54'
26° 00'
27° 25'
27° 12'
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26° S
Gauteng
Mpumalanga
North-West
MOZAMBIQUE
SWAZILAND
Pta. do Ouro
NAMIBIA
28°
Free State
Oranjemund
Alexander
Bay
KwaZuluNatal
0m
20
N. Cape
LESOTHO
Richards
Bay
Durban
30°
SOUTH AFRICA
Hondeklip Bay
Margate
0m
20
Spoeg River
E. Cape
m
00
Plettenberg
Bay
Cape Town
34°
Coffee Bay
tK
ei
Ri
ve
r
East London
W. Cape
Saldanha Bay
ea
0m
10
Lamberts
Bay
10
0
Gr
32°
Mossel Bay
Knysna
Port
Elizabeth
Coega
200m
36°
16°
18°
20°
22°
24°
26°
28°
30°
32°
34°
E
Figure 2: Regional Map of the proposed Special Area in the continental shelf waters of
South Africa
2.2
The environmental and economic components vulnerable to oil pollution
2.2.1 The components/features considered most vulnerable to ship operational and/or
accidental oil discharges within the area of the proposed Special Area are listed below in priority
order.
.1
.2
.3
.4
The colonial breeding resident seabirds;
Eco-tourism;
Biodiversity, and
Mariculture.
Other components that are considered to face lower risk levels, or by their nature are less
vulnerable, are the recreational beaches in and adjacent to the major urban centres, estuarine
ecosystems and commercial and subsistence fishing. The implications of oiling for each of the
most vulnerable components are summarized in Table 2.
2.2.2 Quite clearly the most significant and urgent threat constituted by discharged oils, at the
present time, is that of increased mortalities and/or reduced reproductive output in the
resident seabirds.
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2.2.3 African penguin, Cape gannet and Bank cormorant are classified as Vulnerable (with a
10% probability of extinction within 100 years) and Cape and Crowned cormorant as Globally
Near Threatened (likely to become vulnerable in the near future) under IUCN Red List criteria.
Consequently, each of the breeding islands and penguin mainland breeding sites are declared
conservation areas and classified as important bird areas (IBAs). However, all of the birds remain
vulnerable to oil spills and discharges which account for considerable mortalities in the
populations. The mortalities affect adults and immature birds at sea and occur primarily through
loss of insulation and resultant hypothermia and/or starvation due to inability to feed at sea.
Penguins are the most susceptible here due to their inability to fly. Because the effects of oiling
are primarily on adult and sub-adult birds, there are direct implications for the breeding success
of the seabird populations. Ship operational discharges of oil can therefore exacerbate an already
precarious situation for these specific seabirds and contribute to the real threat of their extinction
in the wild.
2.2.4 The other negative effects of oil discharges are not as stark at present levels but can have
significant impacts on the local economy and biological functioning of the area.
Table 2: Summary of the principal effects of oiling from ship operational and/or accidental
discharges on important components/features in the area of the proposed
Special Area
VULNERABLE COMPONENT 1. Colonial breeding resident seabirds
1.1 African penguin
EFFECTS: Penguins are particularly vulnerable to oiling from discharged oil, as they are
swimmers as opposed to fliers, capturing prey by ‘pursuit diving’. They face highest risks
around breeding sites especially if beaches where they access breeding sites are oiled. In
such cases all penguins landing at, or leaving to sea from these beaches become oiled. The
effect of oiling is mainly mortalities of adults through hypothermia during foraging,
decreased breeding success due to oiling of one or both parents during egg incubation
and/or chick rearing and mortalities of fledged juveniles during first excursions to sea
around breeding sites. Note that up to 30% of oiled penguins that have been rehabilitated
may not breed again. The primary breeding season extends from January to April. Second
broods may be produced from June to September.
1.2 Cape Gannet
EFFECTS: Adult and sub-adult gannets generally appear to be able to avoid oil slicks
whilst foraging. They may become oiled when resting on the sea surface particularly during
periods of fog when gannets do not generally fly. Fledged juveniles at the breeding sites
begin swimming prior to flying, and bird concentrations are high at this time. The highest
risk is at this period. Gannets begin nest building in July/August, lay eggs in September to
November, with fledged juveniles leaving breeding sites in February/March.
1.3 Cape, Bank and Crowned Cormorant
EFFECTS: Similar to penguins, cormorants capture prey by ‘pursuit diving’. Hence while
hunting they remain in the water for long periods and may be exposed to oiling. Dissimilar
to penguins, however, they can fly and therefore can avoid oil slicks at sea. Highest
concentrations of adults and juveniles occur in the vicinity of breeding sites, breeding takes
place in the austral winter, extending from April to November.
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IMPLICATIONS: Accelerated decline of the global populations of these species.
High mortalities will further reduce the respective gene pools reducing the ability of the
populations to respond to expected environmental changes induced by global warming.
Penguins specifically may be driven to extinction in the wild because of breeding site and
mate fidelity and the fact that heavy oiling and rehabilitation reduces their ability to
reproduce.
VULNERABLE COMPONENT 2. Eco-tourism
2.1 Scenery
EFFECTS: Aesthetic degradation
2.2 Wildlife – seabirds, whales, sharks
EFFECTS: Oiled seabirds and visible oil pollution detract from the wildlife experience, as
would the reduced presence (numbers and diversity) of wildlife.
IMPLICATIONS: ‘Eco-tourists’ go elsewhere as expectations are not met. The industry is
therefore not developed to its full potential with consequent lower revenue and employment
levels.
VULNERABLE COMPONENT 3. Biodiversity
3.1 Colonial breeding resident seabirds
EFFECTS: (See 2.2 above)
IMPLICATIONS: (See above)
3.2 Endemic species
EFFECTS: Chronic oiling affects specific ecological niches (e.g. inter-tidal rock pools and
surfaces, emergent reefs, macrophyte beds) impacting species with narrow habitat
requirements.
IMPLICATIONS: Local extinctions of species. If distribution ranges are small,
e.g. Knysna sea horse, total extinctions may occur with corresponding loss of biodiversity
3.3 Biological community structure
EFFECTS: Chronic or episodic oiling affects recruitment processes of especially benthic
organisms leading to changes in biological community structures
IMPLICATIONS: Localized modifications to biodiversity
VULNERABLE COMPONENT 4. Mariculture
4.1 Mussels and oysters
EFFECTS: Chronic mortality of juveniles, tainting (taste), and fouling of production
systems. Loss of ‘clean water’ accreditation
IMPLICATIONS: Reduced outputs and product quality from farms leading to reduced
revenues at higher running costs. Loss of access to EEC markets stifling expansion. Farms
may become financially unviable and result in job losses.
4.2 Abalone
EFFECTS: Mortality of juvenile stages reducing inputs to grow-out stages and overall
production levels in the farms.
IMPLICATIONS: Farm closures because high capital and operational costs cannot be
sustained by reduced farm outputs. Direct and indirect job losses
2.3
Oil spill and oil pollution history in the proposed Special Area
Oil spills in the area within the proposed Special Area are reported through shipping, the
South African Maritime Safety Authority (SAMSA), the South African Navy and surveillance
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flights carried out by the Department of Environmental Affairs and Tourism (DEAT). Apart from
these direct observations, oiled seabirds are treated by rehabilitation centers, such as the South
African National Foundation for the Conservation of Coastal Birds (SANCCOB), that provide an
independent source of information on the frequency and extent of oil pollution in the region.
2.3.1 Direct Observations - All oil slick observations, whether they arise from operational
discharges, shipping accidents, accidental losses in harbours or even discharges from land, are
compiled by DEAT. These spills are divided by size into < 70 tonnes and > 70 tonnes. For the
purposes of this analysis, spills < 70 tonnes in the area of the proposed Special Area are
considered to arise from ship operational discharges unless they are specifically linked to either
an accident or discharge in a port or from a land source. Oil spills arising from shipping
accidents, e.g. sinking, collisions, groundings, etc., are specifically designated as such in the
DEAT database. This component includes all spills > 70 tonnes and a proportion of the
< 70 tonnes oil losses.
2.3.1.1 Ship operational discharges (< 70 tonnes) - Table 3 summarizes statistics on oil spills in
this category in 2° longitude blocks across the proposed Special Area over the 18-year period
1988 - 2005.
Table 3: Ship operational discharges (spills/discharges < 70 tonnes) of oil within the area of
the proposed Special Area over the period January 1988 – October 2005 (Data
from the Department of Environmental Affairs and Tourism)
Statistic
Total spilt (t)
% of overall
total
Mean size (t)
Number of
spills
Maximum
spill size (t)
15-17
0.49
17-19
46.25
Longitudinal Block °
19-21
21-23
23-25
106.17 127.37
88.97
<1
9.35
21.45
25.71
17.98
17.23
8.17
0.25
0.32
0.63
1.03
0.77
1.01
0.74
2
143
169
124
115
84
55
0.45
7
21
16.5
16.71
30
14
25-27
85.24
27-29
40.44
2.3.1.2 Over the period for which data exists, the overall total of oil spilt in the < 70 tonne
category is 494.92 tonnes in 692 spill events. More than 90% of this was discharged in the region
extending from east of Cape Town in the west to east of Algoa Bay in the east, i.e. the Agulhas
Bank area. This area incorporates the important resident seabird breeding sites at Algoa Bay and
Dyer Island and the bulk of the spawning/breeding area of the epi-pelagic shoaling fish anchovy
and sardine.
2.3.1.3 The surveillance intensity over the area of the proposed Special Area is currently low
due to financial constraints, with inspection flights being limited to a maximum coverage of
60 hours per month. The data presented in Table 3 therefore constitute minimum estimates.
Despite this limitation the observational data still indicate that there is an average of 3.25 ship
operational discharges of oil per month in the proposed Special Area.
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2.3.1.4 Oil spilled from shipping accidents - Over the period 1983 – 2005, 37 shipping accidents
that resulted in oil losses to the sea or coastline were recorded in the proposed Special Area.
Volumes of oil lost range from 0.1 tonnes to 175,000 tonnes. The largest loss was from the
Castillo de Belver, which caught fire and sank west of Saldanha Bay in 1983. The next largest
oil volume loss was 2,594 tonnes. The bulk of the shipping accidents were concentrated between
Cape Point and Saldanha Bay.
2.3.2 Oiled Seabirds - Oiled seabirds collected from the mainland or island shores are returned
to the Southern African National Foundation for the Conservation of Coastal Birds (SANCCOB)
or the nearest rehabilitation center for cleaning and rehabilitation, after which they are released
back into the sea. Table 4 lists numbers of penguins and gannets treated over the
period 1994-2002. Data for Cape cormorants are limited to the period 2001-2002 when 4 of the
384 birds admitted to SANCCOB for treatment were classified as being ‘oiled’. Note that
SANCCOB is funded by donations from the public and, due to funding constraints, has had to
concentrate on its primary mission of rehabilitating birds as opposed to ensuring that its database
is fully up to date. Consequently, and similar to the data presented in Table 3, the Table 4 data
are minimum estimates of bird numbers returned to the centre for treatment. It is also emphasized
that the birds returned for treatment represent an uncertain but probably low proportion of the
birds actually oiled in the wild.
Table 4: Numbers of African Penguins and Cape Gannets treated by SANCCOB for oiling
in the period 1994-2002 (Data from SANCCOB and DEAT).
Year
1994
1995
1996
1997
1998
1999
2000
2001
2002
Penguins
> 10,000
> 1,332
1,021
287
> 563
584
19,500
383
608
Gannets
no data
no data
no data
no data
450
600
no data
30
132
2.3.3 Table 4 shows that > 30,000 penguins were treated for oiling over the seven-year period.
At this time the total penguin population in the proposed Special Area is estimated to have been
about 150,000 birds. On the optimistic assumption that about 50% of the penguins actually oiled
are returned to SANCCOB for treatment, it can be inferred that about 40% of the penguin
population within the area of the proposed Special Area suffered from oiling in this period. This
represents about 35% of the global population.
2.3.4 Field observations show that post release survival for rehabilitated penguins is high, with
65% of flipper banded birds having been recorded at islands within two years of release.
However, recent observations show that breeding rates in these rehabilitated penguins may be
30% lower than in the ‘un-oiled’ population. Penguin breeding success, estimated by the number
of fledged chicks produced per breeding pair per year, ranges between 0.32 and 0.59. Using the
mid-point value of 0.46, the reduced breeding rates in rehabilitated oiled penguins coupled with
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direct oiling mortalities constitute losses equivalent to the annual chick output of > 12,000
breeding pairs at the currently observed oiling levels. This is a large proportion in terms of the
absolute numbers of penguins in the area of the proposed Special Area and the annual chick
production by the breeding population. The loss is untenable in terms of overall population
survival viewed from naturally low population replacement rates and in concert with other
factors affecting this.
2.3.5 Although there are few data on oiling and its effects at the population level for
Cape gannet, Cape, Crowned and Bank cormorant, it is expected that they face similar threats to
those confronting the penguin population. However, these birds are difficult if not impossible to
retrieve when oiled. Most oiled gannets and cormorants are thought to die at sea. There are no
data or studies on the number of gannets and cormorants lost to oiling.
2.4
Oil spill trajectories
2.4.1 Whether oil, either discharged or leaked, actually impacts any or all of the components
vulnerable to the effects of oil, depends upon encounter probabilities. Here the overriding issue is
whether oil will be transported mainly to the coastal or near-shore areas where the vulnerable
components are concentrated.
2.4.2 Ambient winds and currents that affect dispersion and temperature, and insolation that
affects weathering rates, govern the behaviour of oil spilled at sea. Because of this, oil spill
models such as OILMAP can only relatively reliably predict trajectories if the actual conditions
at the point of release are known, as well as those pertaining during the life of the spill. Due to
the high oceanographic variability typical of the proposed Special Area, there is little value in
applying sophisticated mathematical simulation models to the problem in an a priori mode.
Nonetheless it is possible to predict probable oil spill trajectories from ‘typical’ conditions in the
region. Input information for this are measured currents and inferred flows from winds
and waves.
2.4.3 Figure 3 shows schematic current structures off the south and west coasts of the proposed
Special Area at approximately 33.5° S latitude. On the south coast, incorporating the region
extending from Great Fish Point to Cape Agulhas, three typical current structures exist
(Figure 3a). Nearest the coast is a zone directly influenced by prevailing oceanic waves where
currents flow alongshore towards the east and northeast. This generally extends out to 20 – 40 m
depth, 10 – 20 km (5.4 - 10.8 nm) offshore. Current velocities are < 1 kt. Offshore of this
near-shore zone is the middle continental shelf (mid-shelf) area where surface currents are
mainly wind-driven and flow alongshore east or west depending on wind direction. Current
velocities are low, generally well below 1 kt. When flow in this mid-shelf zone is counter to the
east and northeast currents in the wave zone, mid-shelf water is entrained into the near-shore
zone through eddy formation. The Agulhas Current lies on the outer shelf or offshore of the shelf
break (> 200 m water depth). Currents here flow strongly poleward (south west and south) at
speeds > 2 kts (6 kts has been recorded for this system but this was well into the core of the
Agulhas Current and also north of the area proposed for inclusion in the Special Area).
2.4.4 On the west coast (Figure 3b) there are also three typical structures. However, here the
near-shore zone, with southward flow, is maintained by shelf waves. Velocities attain 1 kt but
may vary with the shelf wave period. Offshore of this flow on the mid-shelf is mainly
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equatorward (NW) being wind-driven by S and SE winds. The flow may be reinforced by
entrainment of surface waters from further south. Velocities may attain 0.8-1 kt. Over the shelf
break (200 m water depth) there is an acceleration in northwest flow in the form of a narrow jet.
The position of the jet depends upon the degree of upwelling and may be located further
offshore. Velocities in the jet are typically > 1 kt.
2.4.5 Through the typical current structures probable oil spill trajectories for discharges in both
the near-shore (about 12 nm offshore) and mid-shelf zones (about 30 nm offshore) for four areal
segments in the proposed Special Area are summarized in Figure 4 a-d. The main points are that
oil discharged in the mid-shelf zones will tend to be transported towards the coast through
onshore components of the surface winds and wave forces (Stoke’s drift) dominating the
normally weak currents. In the near-shore oil will drift along-shore, southwards on the west coast
and east and north-east on the south coast, but also move onshore again under the influence of the
winds and waves. Once oil is entrained into the larger embayments, e.g. the west coast St Helena
Bay and Algoa Bay on the south east coast, it may become trapped in eddies and consequently
remain in these specific areas.
2.4.6 Actual oil spill trajectories from shipping accidents support the probable trajectories
defined in Figure 4 a-d. The collision of the sister ships Venpet and Venoil offshore of
Plettenberg Bay in December 1977 resulted in oil being washed ashore in the vicinity of Mossel
Bay within two weeks of the accident. The sinking of the Apollo Sea west of Saldanha Bay in
June 1994 resulted in oil being washed ashore on Cape Town’s urban beaches (Clifton,
Camps Bay, Bakoven) south of Table Bay. The June 2000 sinking of the Treasure north west of
Cape Town resulted in oil being washed towards and onto Robben Island, again south of the
position of the sinking. Further, oil spill trajectory modeling by OILMAP for oil discharged from
oil rigs operating 100 km offshore on the Agulhas Bank shows that oil would be transported
towards the coast in most cases modeled. The worst case scenario modeled for a light spill
indicates that transport periods for the oil to reach the coast are about 5 days. Similar model runs
for near-shore oil discharges in Saldanha and St Helena Bays on the west coast indicate high
probabilities of southward transport.
2.5
Conclusion
2.5.1 The proposed Special Area sustains important seabird communities that are vulnerable to
oil discharged or lost from shipping. Direct observations have shown serious impacts from oiling
on survivorship and breeding success especially in the African penguin communities but also in
other seabird species. This, together with other anthropogenic effects, has deleteriously affected
these populations to the extent that some of them face the stark prospect of extinction in the wild
within 100 years. Economic developments such as mariculture and eco-tourism as well as the use
of recreation beaches are also vulnerable to the effects of oil that may compromise development.
Oil spill trajectories indicate that oil discharged or lost in any location in the Special Area, apart
from the extreme western areas, will be advected towards the coast and threaten the areas where
vulnerable components are concentrated. It is therefore required that the threats from shipping
related oil discharges into the sea be eliminated as far as practically possible.
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Eddy circulation
in embayment
So
u
th
C
oa
st
Wind driven currents.
Direction coast parallel
north east and southwest. Velocity < 1kt
Wave driven
north-east
flow
Velocity < 1kt
Entrainment through
eddies when flows
opposed
3nm
Agulhas Current
south west flow
Velocity 2 - 6kt
12nm
20nm
Figures 3 a & b: Schematic 3D illustrations of current structures on the South African
coast. South coast (‘a’ above) and the West coast (‘b’ below).
Eddy circulation
in embayment
es
W
General wind driven
north west flow
Velocity < 1kt
t C
oa
Entrainment
through eddies.
st
Shelf edge jet,
north west flow
Velocity > 1kt
Shelf wave
driven south
east flow
Velocity < 1kt
20nm
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12nm
3nm
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32°S
Proposed
Special
Area
Lamberts Bay
30'
33°S
0m
100
Figures 4 a & b:
Probable
oil
spill
trajectories in one of four
areal segments of the 30'
proposed Special Area.
Text boxes describe the
influences
on
oil
discharges
in
the 34°S
vicinity of the “stars”.
Cape Columbine
Shelf waves, surface gravity waves and
winds drive currents.
Oil will be predominantly transported south
and towards the coast.
Oil may become entrained in eddies in the
nearshore circulation and be retained in
the area.
Saldanha Bay/
Langebaan
Oil may also drift further south and reach
the beaches and close inshore areas
immediately south of Table Bay.
Dassen Is.
B @ 30nm
A @ 12nm
Robben Is.
Cape Town
Winds drive currents.
Oil will be transported longshore.
The longshore transport will be accelerated
during summer by development of
upwelling fronts inshore off Cape Columbine.
Seal Is
Oil may be transported into St Helena Bay
and incorporated into the bay circulation.
35°S
0m
50
30'
Cape
Point
16°E
30'
17°E
30'
18°E
30'
19°E
40'
Robben Is.
Cape Town
34°S
Seal Is.
Winds and waves dominate currents.
Oil will be transported towards shore.
40'
Stony
Point
Cape
Point
20'
A @ 12nm
High probability that oil will be trapped
in inshore circulation in coastal
embayments
P
ger
Da n
Dyer Is.
0
50
m
m
00
10
30'
Cape
Infanta
Winds drive the currents which flow
predominantly north-west.
Currents may be accelerated by convergence
in flow from south-east.
Summer wind regime with coastal upwelling
should keep oil offshore.
Winter wind regime coupled with waves will
drive oil onshore.
35°S
I:\MEPC\54\8.DOC
t
Cape
Agulhas
B @ 30nm
20'
o in
Proposed
Special
Area
18°E
30'
19°E
30'
20°E
30'
MEPC 54/8
- 14 -
Port
Elizabeth
Plettenberg
Bay
34°S
Mossel
Bay
Cape
Infanta
Winds and waves drive currents.
The dominant transport vector will be east
and onshore transporting oil shorewards.
Oil will be entrained into inshore circulation
in the coastal embayments.
A @ 12nm
B @ 30nm
Dyer Is.
Cape
Agulhas
35°S
Winds drive currents which are weak
and oscillate in direction.
Oil will be transported towards shore by
waves and onshore wind components.
m
5 00
0
10 0
m
36°S
37°S
Proposed
Special
Area
19°E
20°E
21°E
22°E
23°E
24°E
25°E
26°E
Figures 4 c & d: Probable oil spill trajectories in one of four areal segments of the
proposed Special Area. Text boxes describe the influences on oil
discharges in the vicinity of the “stars”.
40'
East London
50
0m
33°S
20'
10
Winds and wave driven currents.
Dominant flow north-east.
Oil will be transported towards shoreline
(waves).
40'
00
m
In east and north-east winds oil may be
entrained into Algoa Bay.
Coega
St Croix
Is. Group
A @ 12nm
Proposed
Special
Area
Bird Is. Group
34°S
Port
Elizabeth
Algoa Bay
B @ 30nm
Agulhas Current dominates flow.
Oil will be transported south-west.
The probability of oil being entrained
on to the Agulhas Bank is low.
20'
30'
I:\MEPC\54\8.DOC
26°E
30'
27°E
30'
28°E
30'
- 15 -
3
MEPC 54/8
PROPOSAL
3.1
The sea area described herein is an area where for technical reasons, in relation to its
oceanographic and ecological conditions and to the particular character of the traffic, the
adoption of special mandatory methods for the prevention of sea pollution by oil is required.
3.2
Accordingly it is proposed that a Special Area under MARPOL Annex I be designated
around the southern tip of Africa, on the South African south and south west coasts.
3.3
In proposing this Special Area the Republic of South Africa has been taken into account
other important issues, namely: (a) navigation interests, (b) improving maritime safety, and (c)
minimizing the economic impact on the shipping industry, while accomplishing the objectives of
designation.
3.4
The proposed Special Area is expected to reduce oil discharges from vessels by
improving international awareness of the sensitivity of this environment and its vulnerability to
damage from shipping activities, and also improving compliance with other regulations that
already exist (see paragraph 5 in the annex).
4
ACTION REQUESTED OF THE COMMITTEE
4.1
The Committee is requested to consider this proposal for the designation of part of
South Africa’s continental shelf waters as a Special Area under MARPOL Annex I and take
action as appropriate.
***
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ANNEX
GENERAL DESCRIPTION OF THE PROPOSED SPECIAL AREA
1
INTRODUCTION
1.1
The oceanography, ecology, and important biological and socio-economic resources of
the proposed Special Area are described in this annex and broadly follow requirements set out in
Annex 1 of Assembly resolution A.927(22). The key aspects requiring protection from the
deleterious effects of oil pollution are focused on in the main text above.
2
DESCRIPTION OF THE AREA
2.1
Maritime area
2.1.1 The maritime area proposed for Special Area designation is described under section 2.1.1
in the main text.
2.2
Coastline and islands
2.2.1 Coastline - The coastline of the proposed Special Area is topographically diverse with a
large proportion not significantly transformed by human activity, making it highly desirable for
recreation and eco-tourism ventures. The coast is mainly linear but has log-spiral bays
(e.g. Algoa, Plettenberg, and St Helena Bays) and the large False Bay. Saldanha Bay is a unique
feature in the area as it is an inlet as opposed to an embayment and extends into the tidal
Langebaan lagoon. The total length of coastline bordering the proposed Special Area is about
1,500 km. Approximately 50% of this is sandy beach, 25% mixed rock and sand and 25% rocky
shores. The latter comprises rock headlands and wave cut terraces.
2.2.2 Estuaries - The area within the proposed Special Area encompasses 142 estuaries/river
mouths which are important nursery refuges for many types of South Africa’s marine fish fauna,
with about 20% of the species being estuary-dependent. Most of the estuaries are small and often
closed to the sea but larger systems such as the Olifants, Berg, Bree, Duiwenhoks, Goukou,
Gourits, Knysna, Gamtoos, Swartkops, Sundays, Kowie, Boesmans, Kariega and Groot Vis
rivers are perennially open to the sea.
2.2.3 Islands - There are 14 small islands in the region, all of which are situated either on the
west or south coasts of South Africa. These range from the comparatively large Robben Island
(574 Ha) off the Cape Peninsula to the smaller (19 Ha) Bird Island and minute Stag Island
(0.1 Ha) in Algoa Bay. These islands are critically important breeding and roosting sites for the
colonial breeding resident seabird community (below).
2.3
Oceanography
2.3.1 Large Scale Features - Two major current systems dominate the oceanography of the
proposed Special Area. The Agulhas Current is the western boundary current of the south Indian
Ocean and flows poleward along the east and south east coasts of South Africa. This rapidly
flowing current exerts dynamic effects on the continental shelf circulation and density structure
to approximately 21°E. West of this meridian the influence of the Agulhas Current diminishes,
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being limited to supplies of surface water and episodic invasions by cyclonic eddies spinning off
of its western boundary. West of 20°E conditions typical of the wind driven coastal upwelling of
the Benguela ecosystem dominate continental shelf waters.
2.3.2 The Agulhas Current is swiftly flowing (2 – 6 kts) and transports warm, nutrient poor,
oceanic water from the tropics and subtropics poleward along the eastern and southeastern
margins of the subcontinent. The core of the Agulhas Current is typically located immediately
offshore of the continental shelf break, generally demarcated by the 200 m isobath. This
relationship holds to about 36°S latitude where there is eastward retroflection into the south
Indian Ocean. The offshore location of the Agulhas Current is variable as it can meander away
from the continental shelf margin resulting in corresponding variability in currents and seawater
characteristics nearer shore. Dynamic upwelling at various locations on the continental shelf
break driven by the Agulhas Current transports cold water inshore, increasing the biological
productivity of near-shore waters, particularly on the Agulhas Bank.
2.3.3 The coastal upwelling characteristic of the Benguela ecosystem occurs from
Cape Agulhas westwards and is driven by equatorward (S and SE) winds. These winds are most
strongly developed in the southern Benguela area (i.e. the western sector of the proposed Special
Area) in the austral summer, and thus upwelling is strongest in this season. Upwelling is variable
in time and space due to variations in winds and effects of shelf waves that can either enhance or
suppress upwelling. Continental shelf and coastal topography adds spatial variation with three
preferential upwelling sites in the southern Benguela where upwelling is more frequent and
intense than at other sites. This is due to local accelerations in equatorward wind stress coupled
with narrowing of the continental shelf allowing penetration of deep, cold water close to the
continental boundary. The three sites are the Cape Peninsula, Cape Columbine and Hondeklip
Bay. However, upwelling can occur anywhere along the coast from Cape Agulhas
northwestwards if the upwelling favourable winds are sufficiently strong and sustained for a long
enough period. In short, the southern Benguela ecosystem is characterized by substantial
variability in space and time.
2.3.4 Currents - Currents in the proposed Special Area are complex, being affected by the
Agulhas Current in the eastern sectors, the density structure and winds on the Agulhas Bank and
density structure associated with upwelling, surface winds and shelf waves in the Benguela
ecosystem. This can be further complicated by eddies shed by the Agulhas Current migrating
westwards around the coast into the southern Atlantic Ocean.
.1
Currents on the Agulhas Bank, inshore of the Agulhas Current, are typically slack
(0 – 1 kts) with variable direction. Surface winds are predominantly onshore
(summer 76.2%, winter 61.9%) so there is a net transport towards the coast at the
sea surface.
.2
Flow in the Benguela ecosystem is predominantly northwest (equatorward) at the
surface with current velocities of 0.25-1 knots. Surface currents are extremely
variable, however, with flow within 20 km of the coast being predominantly
southwards (poleward) through the effects of continental shelf waves. Offshore of
this, northwest flow dominates. Important features of the circulation are the jet
currents that develop seawards of the coastal upwelling front off the Cape
Peninsula and Cape Columbine. These jets generally form over the 200 m and
500 m isobaths and there may be convergence in flow upstream.
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3
ECOLOGICAL CHARACTERISTICS, SOCIO-ECONOMIC
SCIENTIFIC AND CULTURAL SIGNIFICANCE
3.1
Ecological characteristics
VALUE
AND
3.1.1 Productivity - Due to the dynamic effects of the Agulhas Current on the Agulhas Bank
and wind driven coastal upwelling west of Cape Agulhas, the coastal ocean within the proposed
Special Area is extremely productive.
.1
Rich plankton biomass supports large populations of epi-pelagic and demersal
fish, which in turn are the primary food sources of seabirds and marine mammals.
The combined standing stock of these fish is currently estimated at
6-8 million tonnes, 60-70% of which are the small epi-pelagic/pelagic shoaling
fish anchovy, sardines and horse mackerel. Hakes dominate the demersal
component. These fish are targeted by commercial, recreational and subsistence
fisheries that have developed in the region. The commercial fishery is ranked
amongst the largest in the world with annual landings of about 500,000 tonnes in
the proposed Special Area in 1997, this comprises 42% of the commercial fishery
yield from the overall Benguela Current region that extends from South Africa to
Angola.
.2
The productivity supports predatory marine mammals and seabirds including
Cape fur seals and resident and migrant seabirds such as penguins, gannets,
cormorants and albatross, petrels, prions, and shearwaters etc. Whales and
dolphins are also present in the area either as seasonal migrants or resident
populations.
.3
Other evidence of the productivity of the area is apparent in large seaweed (kelp)
beds fringing rocky shores and offshore islands primarily on the west coast from
Cape Agulhas northwards.
3.1.2 Biological Diversity - The biological diversity of the region is high due to the combined
influences of the warm Agulhas Current, the cool, upwelled waters of the Benguela ecosystem
and steep gradients of temperature and nutrients where they intermix. Over 10,000 marine animal
and plant species have been recorded in southern African waters comprising about 15% of the
world’s known coastal marine species. A substantial proportion (about 12%) of the known South
African marine species is endemic, i.e. does not occur elsewhere on the world’s coasts, or in seas
or oceans. This high degree of endemism is attributable to South Africa’s geographic isolation
and its unique oceanographic environment. This has led to the formation of unique biological
communities. Examples are the warm temperate south coast intertidal macro-fauna community,
distributed on rocky shores between Cape Point in the west and East London in the east, and the
resident seabirds. The latter comprises 14 species with 50% being endemic to the southern
African region. This includes the colonial breeding African penguin, Cape gannet, and Cape,
Bank and Crowned cormorants.
3.1.3 Critical Habitat and Dependency - By definition the area constitutes a critical habitat for
all of the endemic biota which number more than 1,200 species. This is probably an
underestimate as not all of the area is fully surveyed and it is highly likely that there are small
and/or cryptic species that are currently unknown to science. Due to their conservation status and
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vulnerability (see 3.1.8 below) a number of the larger species are classifiable as being dependent
on the area either totally or for important life stages. These include the colonial breeding resident
seabird community, particularly penguins, gannets, cormorants, and shoreline dependent birds
such as the black oyster catcher, and Southern right whales that calve and mate in coastal
embayments on the west and south coasts. All of the above-mentioned use the area within the
proposed Special Area as spawning and breeding grounds and foraging areas, as do all of the fish
species targeted by the commercial fishery.
3.1.4 Representativeness - The proposed Special Area supports a variety of representative
ecological processes. These range from the temporally and spatially variable coastal upwelling
system west of Cape Agulhas to the seasonal thermocline dominated Agulhas Bank system
adjacent to the inshore (western) boundary of a western boundary (Agulhas) current and includes
kelp beds, estuarine, sandy beach and rocky shore environments.
3.1.5 Spawning and breeding grounds - The proposed Special Area incorporates critical
spawning and breeding grounds for all of the endemic fauna including the endangered colonial
breeding and other seabirds, a large proportion of the species targeted by the commercial fishery
and particularly Southern right whales that mate and calve in coastal embayments. Another
important species breeding in the region is the Cape fur seal.
3.1.6 Naturalness - The region is not (yet) physically modified by development and the coast
and near-shore retain much of their natural characteristics. Further, the region does not have
major river systems draining or passing through large industrial catchments hence transfers of
contaminants and/or pollutants to the marine environment is largely limited to relatively small
industrial and mixed domestic/industrial outfalls mainly located in the larger urban centres.
Vigorous wave action and wind/wave/current interactions generally ensure rapid dilution of the
effluents from such outfalls limiting effects on local ecological processes.
3.1.7 Integrity - The ecological integrity of the proposed Special Area is intact, being
maintained by minimal pollution and defended by the large scale of the natural forcing functions
that shape the ecology of the region. Examples are the Agulhas Current, regional climate driving
local meteorology and coastal upwelling etc. This notwithstanding, it is clear that components of
the ecological structure are at risk from human activities, notably the resident seabird
community.
3.1.8 Vulnerability - High levels of shipping traverse the foraging areas of rare and endangered
seabird species and pass close to their island and coastal breeding areas. Oil spills in and/or
reaching the breeding and/or foraging areas of seabirds (notably endangered penguins, gannets
and cormorants) weaken and kill individuals, exacerbating an already precarious situation which
could result in extinctions in the wild. This particularly applies to the African penguin as its
current population, having declined to about 180,000 adults from > 500,000 in the early part of
the 20th century, is close to the calculated minimum viable population level of about 150,000
breeding adults. Consequently mortalities and/or reduced breeding success caused by, inter alia,
oil pollution can have stark effects for this species. The other threatened colonial breeding
seabird species, Cape gannets and cormorants, may be similarly affected but are probably not as
prone as flightless penguins to chronic oil pollution.
3.1.9 Biogeographic importance - Due to the high biodiversity that is characteristic of the
region, the high proportion of endemic species and the fact that 33 species of the larger fauna are
classified in the IUCN ‘Red Lists’, the proposed Special Area is clearly of international
biogeographic importance. Probably the most important indicators of this are that the proposed
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Special Area supports 83% of the global African penguin population, about 88% for Cape
gannet, about 37% for Cape cormorant, about 24% for Bank cormorant, and about 48% for
Crowned cormorant, amongst other species. Further, the proposed Special Area contains one of
the main near-shore habitats utilized for calving and mating by Southern right whales, over and
above its other functions of providing important foraging areas for migrating and resident
seabirds, whales and dolphins.
3.2
Socio-economic value
3.2.1 Economic Benefit 1 - Direct benefits from all coastal goods and services generated in the
region encompassed by the proposed Special Area in the South African coastal provinces are
estimated to comprise about 35% of South Africa’s GDP.
3.2.2 Shipping - The area within the proposed Special Area includes the major commercial
ports/harbours of Saldanha Bay, Cape Town, and Port Elizabeth. The smaller port of Mossel Bay
is focused on servicing the oil and natural gas industry on the Agulhas Bank. A new deep-water
port, the Port of Ngqura, is being developed in Algoa Bay’s Coega area to serve a developing
industrial zone. Ship traffic within the area of the proposed Special Area is intense and varied
ranging from local fishing vessels to large bulk carriers.
.1
The overall total of port calls by piloted vessels in the area covered by the
proposed Special Area from 1 April 2004 to 31 March 2005 is estimated at 5,000.
Added to this are the ships traversing the area but not making port calls. Direct
observations during the limited oil spill surveillance flights in 1999 and 2004
indicate that these totaled a minimum of 1,650 vessels per year. The bulk of these
were probably oil tankers as about 120 million tonnes of crude oil and large
quantities of bunker fuel are transported around the Cape of Good Hope each year.
This indicates that about 704 ships either traverse the proposed Special Area or
are at sea in the Special Area each month. About 423 of these would be ocean
going vessels with the balance dominated by local and foreign (although the latter
are illegal) fishing vessels and ships involved in the coastal trade. Cargoes
transported by these ships include coal, iron ore, steel, wood chips, chemicals,
fruit, processed fish, timber products, ferro alloys, manganese ore, sugar, rock
phosphate and chrome ore as exports; and oil, chemicals, timber products,
agricultural products and general merchandise as imports.
.2
Existing shipping routes in the proposed Special Area are shown in Figure 1 in the
main text. Most ships traveling between Europe, the east coasts of the Americas,
and Africa, and the Middle East and west Australasia traverse the proposed
Special Area. Note that Figure 1 plots positions from which ship observations of
sea and weather conditions have been reported (Voluntary Observing Ships
network; VOS) and does not necessarily show exact concentrations of shipping.
3.2.3 Fishing - The area supports commercial, artisanal and recreational fishing. Subsistence
fishing is widespread within the area of the proposed Special Area with around 5,000 individuals
supporting about 4,400 households directly involved in this class of fishing. Most of these are
fully dependent on fishing for protein and income. Target species include limpets, mussels,
oysters, winkles, abalone, octopus, rock lobsters, various crabs, redbait (Pyura), and coastal and
1
Note that at the time of writing ZAR 1.00 is approximately equivalent to US$ 0.14
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estuarine fish. Seaweeds including kelps, Gelidium and Gracilaria are also collected but are
generally sold to commercial seaweed processors.
3.2.4 Mariculture - The South African mariculture industry is steadily building up to be a
significant contributor to socio-economic development in coastal areas. It is set to be worth the
equivalent of one third of the capture fisheries within the next few years.
.1
Due to an exposed coastline, rough seas and a dearth of sheltered embayments,
mariculture is not yet well developed in the region. However, there are mussel and
oyster farming operations and abalone farms distributed around the coastline.
Production is estimated at 1,000 tonnes for mussels, 400 tonnes for oysters and
500 tonnes for abalone. All of the abalone farms are pump ashore facilities and are
critically dependent on uncontaminated water for both production and product
quality. These farms currently employ around 700 staff in total. All of the abalone
farms (currently 14) are looking to significantly increase production levels and
employment levels will consequently rise. Apart from these there about 7 abalone
farms in the permitting stage. Finfish farming using sea cages is under
consideration for the Saldanha Bay and Danger Point areas.
.2
In 1999 total annual revenue to the farms was about R46,000,000. At that time
and currently, abalone was the highest value product (about R240/kg). When the
existing farms reach their full production potentials in the near future (average of
70 tonnes/farm/year) total mariculture revenues in the proposed Special Area will
increase to around R212,000,000, equivalent to about 34% of the capture fisheries
landings.
3.2.5 Recreation and Eco-tourism - This sector is targeted as one of the principal growth points
in the South African economy over the longer term.
.1
The entire coast in the proposed Special Area is utilized for recreation by both
South African residents and international visitors. Recreational activities include
bathing, surfing, diving, angling, power boating, sailing and wildlife viewing. The
latter is mostly focused on the resident seabirds, whales (southern right,
humpback) and great white sharks (Carcharadon carcharias). The urban beaches
in and adjacent to the larger cities are the most intensively utilized but this
expands to almost the entire coastal strip during the southern hemisphere summer
holidays when vacationers from the inland industrial and agriculture centers
significantly augment local and foreign beach visitors. Cities and resorts compete
for visitors with the pollution status of beaches being an important differentiating
criterion. ‘Blue Flag’ status signifying clean, unpolluted beaches is important
here. As at November 2005 there are nine beaches with full Blue Flag status and
ten pilot beaches within the proposed Special Area.
.2
In monetary terms the above activities are estimated to comprise about 2.3% of
South Africa’s GDP.
.3
The South African Government has identified eco-tourism specifically as a
national priority. This is in line with its commitment to the sustainable use of
South Africa’s natural resources and features whilst optimizing revenues.
Conservation areas such as national parks and Marine Protected Areas (MPAs,
below) are critically important here. Eco-tourism, apart from its potential to
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generate foreign exchange also provides significant employment opportunities in
economically depressed areas where unemployment can be as high as 60% for the
adult workforce. Every eight foreign tourists have the potential to generate one
permanent employment opportunity, hence the South African focus on expanding
this sector.
3.3
Scientific and cultural significance
3.3.1 Scientific Research - Due to its importance for fisheries, the proposed Special Area has
and continues to receive intensive scientific research attention. Important activities are annual
research ship borne surveys to determine spawning biomass of anchovy and sardine followed by
estimates of numbers of recruits to the fishable populations. Hake populations are also surveyed
annually by research trawling surveys supplemented by data from the fishery. Directed
investigations into the fish stocks, predator populations including resident seabirds and seals,
ecology and oceanography are conducted annually with collaboration between the local marine
research agencies but also with international bodies. Such research is reported in the peer
reviewed scientific press and in international scientific symposia. Collaborative studies,
specifically on the Benguela ecosystem, are also carried out between countries in the region.
A current example is the Benguela Current Large Marine Ecosystem study supported by the
United Nations Global Environment Fund (GEF). Over and above this is research directed at the
functioning and design of MPAs, estuarine and coastal systems, seaweeds and their utilization,
various line fish stocks, resource use patterns and resource optimization, harbour design on high
wave energy coasts, mariculture, marine pollution etc. The scientific knowledge on the area has
advanced significantly over the past 30 years with perhaps the main point emerging that much
research is still needed. Consequently, research effort should increase significantly, especially
with the uncertainties associated with anticipated climate change. Unfortunately local financial
support for research institutions and research itself is trending down, probably just at the time
when potential dividends are at historical highs.
3.3.2 Environmental Conservation - South Africa is a signatory to the International Convention
on Biological Diversity and is therefore committed to the preservation and conservation of all of
its biodiversity resources. South Africa meets part of its obligations under this convention
through the establishment of marine MPAs around its coast. There are 32 MPAs in the proposed
Special Area, some of which are small (< 1 km shoreline) and focused on single species with
larger MPAs (50-145 km shoreline) aimed at conserving a specific ecotype. Significant
components within the MPA network are Important Bird Areas (IBAs) identified to assist with
the conservation of threatened bird species and/or their environments. Each of the breeding sites
for the colonial breeding resident seabirds is therefore part of the MPA system.
3.3.3 Education - Marine aquaria at Cape Town and Port Elizabeth provide extra mural
education for scholars as well as serving as centres for adult education in aspects of marine
science. Universities and Technikons are located adjacent to the proposed Special Area, two of
which (University of Cape Town and Rhodes University) have long established records of
excellence in marine science education and research. The University of Stellenbosch is an
acknowledged centre of excellence in coastal engineering education whilst the more recently
established Universities of Port Elizabeth and the Western Cape have made rapid strides in
marine science education and research, making them both locally and internationally relevant in
these fields. All of these institutions have a strong dependence on the proposed Special Area
region for teaching materials and field educational experiences aside from being the major focus
of their research programmes. In addition to this formal education structure most of the coastal
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schools conduct their own extra-mural programmes aimed at increasing knowledge on the
structure, function and importance of the marine systems.
4
ENVIRONMENTAL PRESSURES FROM SHIP-GENERATED POLLUTION
4.1
Potential harm
4.1.1 International shipping activities have historically posed a great risk of damage to the
ecosystems around the southern coast of South Africa. The area is one of the most heavily
trafficked in the world, and has amongst the worst weather and wave conditions. In addition,
there are very few potential areas of refuge for ships. These factors render the area vulnerable to
harm from pollution arising due to operational and accidental discharges, ship groundings, and
collisions (including collisions with marine mammals). Of these, chronic and acute levels of oil
pollution are presently the most significant and urgent threat. This is currently causing
significantly increased mortalities and/or reduced reproductive output in seabirds, some of which
are in the IUCN Red Data Lists due to the precarious state of the respective populations.
4.2
Other environmental pressures
4.2.1 The environmental components and activities related to the environment that are
vulnerable to risks posed by international shipping are: Colonial breeding resident seabirds
(African Penguin, Cape Gannet, Cape, Bank and Crowned Cormorants); Eco-tourism (scenery,
wildlife – seabirds, whales, sharks); Biodiversity (Colonial breeding resident seabirds, endemic
species, biological community structure), and Mariculture (mussels, oysters and abalone). Quite
clearly, the most significant and urgent threat constituted by discharged oils, at the present time,
is that of increased mortalities and/or reduced reproductive output in the resident seabirds.
.1
African penguin, Cape gannet and Bank cormorant are classified as ‘Vulnerable’
under the ‘Threatened’ category in the IUCN criteria. This indicates a high risk of
extinction in the medium-term future (< 100 years). Cape and Crowned
cormorants are considered to fall into the ‘Near Threatened/Lower Risk’
category, not quite meeting the criteria to be judged as ‘Threatened’.
.2
Each of the three ‘Threatened’ species have experienced significant decreases in
population size over the recent past whilst the other two species have apparently
stable populations. Due to these classifications each of the breeding islands and
penguin mainland breeding sites are declared conservation areas and classified as
important bird areas (IBAs). However all of the birds remain vulnerable to oil
spills and discharges, accounting for considerable mortalities in the populations.
The mortalities affect adults and immature birds at sea and occur primarily
through loss of insulation and resultant hypothermia and/or starvation due to
inability to feed at sea. Penguins are the most susceptible here due to their
inability to fly. Because the effects of oiling are primarily on adult and sub-adult
birds there are direct implications for penguin breeding success.
.3
Of the other species the Cape gannet population is probably the most at risk from
oil discharged into the sea. This is due to the fact that, in the proposed Special
Area, 88% of the global population breeds at three islands. If an oil slick were to
impact even one of these islands during the period when juvenile gannets were
preparing to leave the nest site, a large proportion of the annual breeding
production may be killed.
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4.3
International shipping activities
Ship operational discharges of oil therefore can exacerbate an already precarious situation for
these specific seabirds and contribute to the real threat of their extinction in the wild. The other
negative effects of oil discharges are not as stark at present levels, but can have significant
impacts to the local economy and biological functioning of the area.
5
EXISTING MEASURES TO PROTECT THE MARINE AND COASTAL
ENVIRONMENT
5.1
Measures in place to reduce maritime risks
Noting the maritime risk in this significant area, the proposed Special Area, the South African
Government has already initiated many direct and indirect measures to reduce the chances of
pollution by legal, illegal and accidental discharges of oil. These include:
5.2
.1
Operational oil discharges to sea from ships: This is restricted to less than
100 ppm within the 200nm Prohibited Zone in terms of the Marine Pollution
(Control and Civil Liability) Act 6 of 1981 (applies to all ships).
.2
Oil Pollution - Observation and Reporting: The South African Maritime Safety
Authority (SAMSA) is the responsible authority for the administration of the
Marine Pollution (Control and Civil Liability) Act 6 of 1981, as amended. As the
prevention of pollution of the sea by oil is of international importance, it is
considered that vessels on passage along the coasts of South Africa or lying in
anchorage off the various ports can be of invaluable assistance to the regulatory
authorities by reporting: oil slicks sighted; oil accidentally discharged; oil
discharged in the interests of ‘Safety of Life at Sea’ and vessels in distress likely
to cause pollution.
.3
National and local oil spill contingency plans developed by the State: These are in
place and are currently in the process of being updated2.
Other measures to reduce risks of accidents and pollution at Sea
The Republic of South Africa’s commitment to ensure safe shipping and hence protect the social
and natural environment is also evidenced by:
.1
2
South Africa being a member of the IHO (International Hydrographic Organization), and
a signatory to the following IMO conventions: Civil Liability Convention 1969 and
Protocol 1992, Fund Convention 1971 and Protocol 1992, COLREG Convention 1972
(International Regulations for Preventing Collisions at Sea, 1972 as amended),
CSC Convention 1972, IMO Convention 1948 and amendments 1993, INMARSAT
Convention 1976 and OA 1976 and amendments 1994 and 1998, INTERVENTION
Convention 1969 and Protocol 1973, LOAD LINES Convention 1966, London
Convention 1972 and Protocol 1996, MARPOL 73/78 (Annex I/II) (Annex III)
(Annex V), SAR Convention 1979, SOLAS Convention 1974 and Protocol 1978
Both the National Plan and those developed for specific coastal zones provide much detail on measures taken to
prevent and minimize pollution from ships.
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(International Convention for Safety of Life at Sea, 1974) enacted in Schedule 2 of the
Merchant Shipping Act (57 of 1951 as amended) STCW Convention 1978, TONNAGE
Convention 1969.
.2
South African Sailing Directions are published to describe in detail the coastal waters of
the Republic and the Prince Edward Island Group, and the emergency measures the
Republic has in place.
.3
Navigation Publications - Charts and Sailing Directions are published and updated as
required and supplemented by: monthly Special Area Notices to Mariners, the Annual
Summary of Special Area Notices to Mariners, the Special Area List of Lights, Fog
Signals and Radio Services, Symbols and Abbreviations and the Special Area
Tide Tables.
.4
RADIO: World Wide Navigational Warning Service - South Africa has been designated
NAVAREA VII Co-ordinator, and the national agency charged with executing the
South Africa’s responsibilities in this regard is the Hydrographer, Special Area Navy.
Sources of navigational warnings which are fully operational in the Republic, and which
can prevent loss of oil through accidents, include:
a) SafetyNET - a service of INMARSAT’s enhanced group call system for
maritime safety information (MSI) and which currently transmits
NAVAREA VII warnings;
b) NAVTEX - an international automated direct printing service;
c) Coast Radio Stations are established to broadcast local navigational warnings,
shipping weather bulletins and storm warnings, and are used for search and
rescue communications when necessary.
.5
SASAR (South African Search and Rescue) Organisation - in terms of SOLAS
South Africa is legally obliged to assist persons in distress at sea (air and shipping
accidents). The SASAR area covers the whole of southern Africa’s oceans as far south as
to the coast of Antarctica, and in the proposed Special Area includes the Cape Town and
Port Elizabeth Port Captains’ areas of responsibility.
.6
SAFREP - South African Ship Reporting System - for submission of vessel movement
reports by radio or satellite within the SASAR area. Participation during this trial period
is not compulsory (but should be in the Special Area).
.7
Vessel traffic Services (VTS) - are compulsory in some South African harbour
approaches.
.8
Traffic separation devices include: Two IMO approved Traffic Separation Schemes
(IMO Resolution A.858(20)) in force on the Agulhas Bank, one off the Alphard banks,
34 miles south of Cape Infanta, and one off the FA Platform, 47 miles south of
Mossel Bay. These are obligatory for laden tankers. Cargo vessels may use the inshore
routes but if they navigate in the vicinity of the Traffic Separation Schemes they shall
comply with the provisions of Routing Schemes as laid down in the IMO publication
“Ships Routeing”. A Routing Scheme requires east and west bound laden tankers to
maintain different minimum distances offshore of given landmarks, and during
different seasons.
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.9
The US Global Positioning System (GPS) is used, and the South African Lighthouse
Services have implemented a Differential Global Positioning System (DGPS) in sites
with poor visibility and high concentrations of traffic, and a VTS, within the proposed
Special Area.
.10
All of South Africa’s major ports have adequate Port Reception Facilities for the
treatment of oil and oily waste.
5.3
List of significant legislative measures
5.3.1
Instruments focussing on overarching duties
5.3.1.1 The Constitution (Act No.108 of 1996): Section 24 of the Bill of Rights (Chapter 2)
provides that everyone has a right to an environment that is not harmful to their health or
well-being and to have the environment protected for the benefit of the present and future
generations through reasonable legislative and other measures that (a) prevent pollution and
ecological degradation (b) promote conservation and (c) secure ecologically sustainable
development and the use of natural resources while promoting justifiable economic and social
development. The section illustrates clearly that the Government has a duty to protect the
environment including providing for matters such as marine pollution.
5.3.1.2 National Environmental Management Act 107 of 1998 provides for “co-operative
environmental governance by establishing principles for decision-making on matters affecting
the environment”. It stresses that the effects of activities on the environment should receive
adequate consideration before actions are taken, and where effects cannot altogether be avoided,
they must be minimized and remedied. The costs of remedying environmental degradation must
be paid for by those responsible for harming the environment. This Act is administered by the
Department of Environmental Affairs and Tourism (DEAT).
5.3.2
Primary instruments for minimizing pollution at sea
5.3.2.1 Marine Pollution (Control and Civil Liability) Act 6 of 1981: This Act embodies
CLC 1969 and is to be amended to incorporate CLC 1992 and FUND 1992 3. It provides for the
protection of the marine environment from pollution by oil and other harmful substances from
ships. The Act is administered by SAMSA. Detailed regulations relating to the prevention and
combating of pollution of the sea by oil have been made and the Act grants SAMSA extensive
powers to take a variety of steps to prevent pollution of the sea where a harmful substance is
likely to be or is being discharged. Moreover, there are regulations regarding civil liability after
“discharge” has occurred causing pollution of the sea, and to provide for matters related to it.
5.3.2.2 Marine Pollution (Prevention of Pollution from Ships) Act 2 of 1986: The Minister of
Transport is assigned with a responsibility to provide for the protection of the sea from pollution
by oil and other harmful substances discharged from ships and for that purpose to give effect to
the International Convention for the Prevention of Pollution from Ships, 1973 as amended by the
Protocol of 1978 (MARPOL 73/78) and to provide for matters incidental thereto. This Act is
administered by SAMSA.
3
South Africa acceded to the CLC92 and Fund 92 conventions in October 2004 and they should enter into force
in October 2005. In the interim, South Africa still subscribes to CLC69.
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5.3.2.3 Marine Pollution (Intervention) Act 64 of 1987. This Act gives domestic effect to both
the Intervention Convention relating to Intervention on the High Seas in Cases of Oil Pollution
Casualties as well as the Protocol Relating to Intervention on the High seas in cases of Marine
Pollution by Substances other than Oil, 1973. It does so by simply stating that, “subject to this
Act, the Convention and Protocol shall have the force of law in the Republic”. It also empowers
the Minister to make regulations to give effect to the Convention, but no regulations have been
passed in this regard. This Act is administered by SAMSA.
5.3.2.4 South African Maritime Safety Authority Act 5 of 1998. The Act provides for the
establishment of the South African Maritime Safety Authority (SAMSA) with the aim of
implementing government maritime policy. SAMSA’s objectives as set out in the Act are:
-
To ensure safety of life and property at sea;
To prevent and combat pollution of the marine environment by ships; and
To promote the Republic’s maritime interests.
5.3.2.5 International Convention on Oil Pollution Preparedness, Response and Co-operation,
1990 (OPRC) requires parties to the convention, individually or jointly, to take steps to prepare
for and respond to an oil pollution incident. It requires ships flying the flag of the party to have
on board shipboard oil pollution emergency plans (the SOPEP manual). Offshore units under the
jurisdiction of the party are to have oil pollution emergency plans (the oil pollution safety
certificate). It requires a party to establish a national and regional system to be able to respond to
an oil pollution incident. Although South Africa is not a party to the convention, it will on the
publication of the National Contingency Plan for the Prevention and Combating of Pollution
from Ships have complied with the above requirements except for the establishment of a
regional system.
5.3.2.6 Dumping at Sea Control Act 73 of 1980 brings into force domestically the provisions of
the London Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other
Matter, 1972. It provides for the control of dumping at sea of various substances and structures,
including vessels, platforms or other man-made structures, and bulky items constructed from
steel, concrete, etc. South Africa is also a signatory to the 1996 Protocol, which will eventually
replace the current Convention. The Protocol introduces the precautionary and polluter pays
principles and expands the objectives of the Convention to include the elimination of pollution
where practicable. This Act is administered by the Department of Environmental Affairs
and Tourism.
5.3.2.7 Public Finance Management Act 1 of 1999 gives effect to sections the Constitution
which requires national legislation to establish a national treasury, to introduce generally
recogniZed accounting practices, to introduce uniform treasury norms and standards, to prescribe
measures to ensure transparency and expenditure control in all spheres of Government, and to set
the operational procedures for borrowing, guarantees, procurement and oversight over the
various national and provincial revenue funds.
5.3.3
Other instruments
Other instruments having a bearing on regulating pollution of the sea include:
.1
Atmospheric Pollution Prevention Act (45/1965) - sets limits to gaseous emissions from
vessels and machinery, and the Montreal Protocol.
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.2
.3
.4
.5
.6
.7
.8
.9
.10
.11
.12
.13
.14
.15
.16
.17
.18
Biological Diversity Act (10/2004) - to protect and to minimize adverse impacts on
biological diversity, in terms of the United Nations’ Convention on Biological
Diversity (1992).
Draft Coastal Zone Management Bill (2005) – is aimed at establishing a system of
integrated coastal and estuarine management in order to promote conservation and
sustainable development, and to control dumping and pollution at sea.
National Ports Act (12/2005) - which, inter alia, requires the National Ports Authority
(NPA) of South Africa to protect the environment in its area of jurisdiction. The
Authority has the power to take any action it considers necessary for the performance of
any functions relating to the protection of the environment, which may be conferred or
imposed upon it under this Act or any other law. Particularly important are: the Port
Regulations in force in terms of section 73 of Act (65/1981) and section 21 of the Legal
Succession to the South African Transport Services Act (9/1989) - covering safety and
environmental protection in ports, including Port Reception Facilities for the treatment
and disposal of waste products, and environmental management systems to the
ISO 14001 international standard to give effect to its policy.
Draft Policy on the Management of Ships’ Ballast Water in South Africa - currently under
development with the aim of being introduced and implemented within one year.
Environment Conservation Act (73/1989) - provides for the control of identified activities,
which may have a detrimental effect on the environment.
Marine Living Resources Act (18/1998) - governs the conservation of marine ecosystems,
the delimitation of Marine Protected Areas, and pollution prevention from fishing
vessels, etc.
Marine Traffic Act (2/1981) - prescribes navigational aids and traffic separation.
Maritime Zones Act (15/1994) - defines maritime zones including the outer limits of
internal waters within harbours.
Merchant Shipping Act (23/1997) - (As amended by the Shipping General Amendment
Act, 1997) regulates the nature and variety of goods to be shipped, seaworthiness of
ships, detention of un-seaworthy ships, etc.
Mineral and Petroleum Resources Development Act (28/2002) - permit requirements for
prospecting and mining including dredging, and associated activities, including
pollution prevention.
National Environmental Management Act (107/1998) - Chapter 5 provides a framework
for the integration of environmental issues into the planning, design, decision-making and
implementation of plans and development proposals. Integrated Environmental
Management Regulations are being drafted in terms of Section 24 to further regulate
environmental authorizations and to provide for incidental matters.
National Heritage Resources Act (25/1999) which requires protection of cultural
resources and ship wrecks exceeding 60 years old, and the United Nations’ Educational
Scientific and Cultural Organization’s World Heritage Convention.
National Parks Act (57/1976) - gives effect to protection of proclaimed coastal and
marine areas.
National Water Act (36/1998) - sets limits to the quality of effluent & water run-off from
land into the marine environment.
Ramsar - United Nations Convention on Wetlands of International Importance Especially
as Waterfowl Habitat (1971).
Seabird and Seals Protection Act (46/1973).
Seashore Act (21/1935) - regulates the use of land between the high- and low-water
marks.
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.19
.20
United Nations’ Convention on Law of the Sea (1982) - includes provisions on
prevention of pollution, amongst others.
Wreck & Salvage Act, 1996 - implements the Salvage Convention, 1989.
5.4
Other controls over developments in the coastal zone
5.4.1 In addition to managing formally protected Marine Protected Areas (paragraph 3.3.2
above), South Africa implements legislation controlling developments in the coastal zone. Prior
to their acceptance by the authorities, all significant developments require environmental impact
assessments (EIAs) and, where necessary, explicit measures mitigating negative impacts. All
industrial and domestic discharges to the marine environment are controlled through a licensing
system based on receiving water quality criteria. South Africa is also a participating country in
the UN Global Programme of Action for the Protection of the Marine Environment from
Land-based Activities.
__________
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