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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. I:\MEPC\54\8.DOC MEPC 54/8 -2- 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 I:\MEPC\54\8.DOC -3- MEPC 54/8 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. I:\MEPC\54\8.DOC MEPC 54/8 2.1 -4- 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 I:\MEPC\54\8.DOC 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' -5- MEPC 54/8 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. I:\MEPC\54\8.DOC MEPC 54/8 -6- 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. I:\MEPC\54\8.DOC -7- MEPC 54/8 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 I:\MEPC\54\8.DOC MEPC 54/8 -8- 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. I:\MEPC\54\8.DOC -9- MEPC 54/8 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 I:\MEPC\54\8.DOC MEPC 54/8 - 10 - 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 I:\MEPC\54\8.DOC - 11 - MEPC 54/8 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. I:\MEPC\54\8.DOC MEPC 54/8 - 12 - 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 I:\MEPC\54\8.DOC 12nm 3nm - 13 - MEPC 54/8 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. *** I:\MEPC\54\8.DOC MEPC 54/8 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, I:\MEPC\54\8.DOC MEPC 54/8 ANNEX Page 2 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. I:\MEPC\54\8.DOC MEPC 54/8 ANNEX Page 3 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 I:\MEPC\54\8.DOC MEPC 54/8 ANNEX Page 4 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 I:\MEPC\54\8.DOC MEPC 54/8 ANNEX Page 5 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 I:\MEPC\54\8.DOC MEPC 54/8 ANNEX Page 6 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 I:\MEPC\54\8.DOC MEPC 54/8 ANNEX Page 7 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 I:\MEPC\54\8.DOC MEPC 54/8 ANNEX Page 8 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. I:\MEPC\54\8.DOC MEPC 54/8 ANNEX Page 9 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. I:\MEPC\54\8.DOC MEPC 54/8 ANNEX Page 10 (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. I:\MEPC\54\8.DOC MEPC 54/8 ANNEX Page 11 .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. I:\MEPC\54\8.DOC MEPC 54/8 ANNEX Page 12 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. I:\MEPC\54\8.DOC MEPC 54/8 ANNEX Page 13 .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. I:\MEPC\54\8.DOC MEPC 54/8 ANNEX Page 14 .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. __________ I:\MEPC\54\8.DOC