Tackling Marine Debris in the 21st Century (2009) / Chapter Skim
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3 Measures to Prevent and Reduce Marine Debris and Its Impacts
3 Measures to Prevent and Reduce Marine Debris and Its Impacts
Pages 49-88
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From page 49... ...
imple mentation of these regulations related to leadership and coordination, integrated solid waste management, waste minimization and source reduction, enforcement and compliance activities, and mitigation and removal programs. INTERNATIONAL LEGAL AND REGULATORY FRAMEWORK There are two primary international conventions that address garbage pollution in the oceans: the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 Annex V and the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972, and the 1996 Protocol to the Convention.
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From page 50... ...
. all measures necessary to prevent, reduce, and control pollution of the marine environment from any source.
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Article 216: (1) Laws and regulations adopted in accordance with this Convention and applicable international rules and standards established through competent international organizations or diplomatic conference for the prevention, reduction and control of pollution of the marine environment by dumping shall be enforced: (a)
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From page 52... ...
Ratification of the other annexes, including Annex V, is optional. When a nation agrees to become a "party" to an agreement, such as MARPOL Annex V, it is required to adopt domestic legislation to ensure implementation of the treaty requirements.
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From page 53... ...
A more complicated question that is cur rently under review by parties to MARPOL (the review is being con ducted by IMO's Marine Environment Protection Committee; see section below for further discussion) is how to treat garbage that contains marine pollutants or harmful and hazardous substances not specifically covered by other MARPOL Annexes (International Maritime Organization, 2007)
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From page 54... ...
. Table 3.1 outlines the garbage management framework established by MARPOL Annex V
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For example, the International Maritime Organization (2006b) details solid waste management options, such as waste minimi zation and onboard garbage processing, to assist in MARPOL Annex V compliance.
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Port reception Port Port reception sterilization or reception recycling DISPOSAL Ocean disposal incineration landfill program FIGURE 3.1 Options for shipboard handling and disposal of garbage (modified from International Maritime Organization, 2006b)
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From page 57... ...
The Gulfs special area went into effect in August 2008, and the Mediterranean special area will go into effect in May 2009, leaving the Black Sea, the Red Sea, and the Wider Caribbean Region without the protections from marine debris deemed necessary by their initial special area designation. The single most significant obstacle to implementation of marine debris protection programs in these areas is the lack of certification of adequate reception facilities.
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From page 58... ...
This white list includes dredged material; sewage sludge; fish waste; vessels and platforms or other man-made structures; inert, i norganic geological material; organic material of natural origin; and bulky items primarily comprising iron, steel, concrete, and other mini mally harmful materials. Annex II of the Protocol establishes procedures for assessment of wastes that are being considered for dumping and includes provisions related to solid waste prevention, solid waste man agement, dump-site selection, assessment of potential impacts of solid waste management options, compliance and monitoring programs, and criteria for issuing permits and establishing appropriate permit conditions specific to a particular material.
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From page 59... ...
Nearly 20 years after MARPOL Annex V was originally adopted, and with advances in ship operating procedures, available technologies, and solid waste management practices, it would be reasonable to consider many of the positive discharge mitigation philosophies embodied in the Guidelines (International Maritime Organization, 2006b) for inclusion into the mandatory legal requirements of MARPOL Annex V
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provides a good start, a paradigm shift will require a more significant commitment to technology development and development of best prac tices for shipboard solid waste management, and incorporation of suc cessful practices into MARPOL Annex V regulatory standards. Shipboard garbage management will depend on fleet characteristics such as vessel size, passenger and crew numbers, routes and ports of call, and average voyage length.
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From page 61... ...
Finding: Under MARPOL Annex V, as currently written, discharges are permitted unless specifically prohibited. This approach does not provide sufficient incentive to encourage innovation and adoption of source reduction and waste minimization measures to prevent gar bage pollution in the marine environment.
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From page 62... ...
It further requested that its own members support and seek active cooperation with the neighboring North Sea Region for adoption of a similar non-special fee system for garbage. Additionally, since the Baltic Sea is designated a special area under MARPOL Annex V, and all discharges of garbage at sea are prohibited, HELCOM requires all ships to offload their garbage ashore prior to leaving Baltic ports (Helsinki Commission, 2007)
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From page 63... ...
delegation to IMO should advocate that MARPOL Annex V be amended to include explicit qualitative and quantitative standards for adequate port reception facilities, and that IMO provide assistance to achieve these standards. Port managers and users should be included in the development of clearer standards.
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From page 64... ...
, whose principal responsibilities include monitoring, research and education, fisheries management, and response and restoration; • USCG, which is responsible for ship- and port-related issues, includ ing the COA program for port reception facilities and domestic implementation and enforcement of MARPOL Annex V; and • the Environmental Protection Agency (EPA) , which is responsible for regulating and monitoring the environmental impacts of garbage and land-based sources of marine debris, regulation of pollution discharged into coastal and marine waters, and domestic implemen tation of the London Convention and amended Protocol.
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From page 65... ...
. In 1991, the rules were amended to give effect to an IMO amendment to MARPOL Annex V eliminating an exemption for the loss of synthetic material incidental to the repair of fishing nets.
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From page 66... ...
In 1994, USCG did a study of compliance with the 1987 Act and regulations because, despite implementation of MARPOL Annex V, large quantities of plastic continued to wash ashore, obstruct navigation, and entangle marine life. USCG found that many vessels had neither plastic waste nor residue from incineration of plastic wastes onboard and that less than 20 percent of vessels calling at ports on the east and Gulf coasts off-loaded garbage at reception facilities (59 Fed.
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. Unlike the London Convention, which specifically excludes the dis posal at sea of wastes or other material incidental to the normal opera tions of a vessel (e.g., MARPOL Annex V garbage)
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From page 68... ...
, which NOAA co-chairs with EPA; directed USCG to develop a strategy to improve implementation of MARPOL Annex V; and directed NOAA to establish a federal interagency marine debris data clearinghouse. The Act autho rized up to $10 million for NOAA to implement the program, including mapping, identification, and impact assessments, removal and preven tion activities, research and development of alternatives to gear that poses threats to the marine environment, and outreach activities; the Act also authorized $2 million for USCG activities.
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From page 69... ...
. In discussing its proposal, EPA noted that the permit will not cover dis charge of garbage that is regulated by USCG under MARPOL Annex V requirements.
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From page 70... ...
. The civil and criminal pen alties associated with violations of APHIS regulations and additional requirements associated with proper shoreside disposal of regulated garbage may result in an indirect incentive for vessels to dispose of plant- and animal-associated waste at sea in accordance with MARPOL Annex V prior to entering U.S.
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From page 71... ...
. The California Ocean Protection Council, established in 2004 in accordance with the requirements of the California Ocean Protection Act, adopted a resolution to establish the following top marine debris priorities: 1.
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From page 72... ...
RCRA is important to proper management of shipborne waste when it reaches shore, including reuse and recycling. RCRA Subtitle D incorporates a solid waste management h ierarchy that encourages waste minimization, reuse, and recycling efforts and provides for environmentally sound handling and disposal.
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From page 73... ...
All states participating in the Coastal Zone Management Act must develop coastal nonpoint pollution management plans to implement measures largely consisting of best management practices under guidelines devel oped by EPA to control significant sources of polluted runoff in coastal waters (Environmental Protection Agency, 1993)
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The Floatables Action Plan has been carried out each year since to control wash-ups of floatable debris on area beaches. The plan consists of aerial surveillance via heli copter and fixed-winged plane, a communications network to report "slick" sightings and to coordinate cleanup response, and routine cleanups conducted by skimmer vessels in the harbor area.
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An important element of this effort is the effective integration of marine debris management and regulation into existing programs for coastal zone management, nonpoint pollution, and solid waste management. Reduction and abatement of the marine debris problems will require
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From page 76... ...
integration of onshore and shipboard solid waste management systems; (3) enhanced interagency, industry, and public attention to waste minimization and source reduction; and (4)
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USCG manages ships and U.S. ports, including port waste reception facilities, but does not have principal responsibility for overall solid waste management.
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From page 78... ...
waste management and disposal, and the shipboard solid waste management plans or port and terminal waste management and COAs. Recommendation: Specific performance standards should be devel oped by USCG in collaboration with EPA for COAs; approval of port COAs should be conditioned on formal coordination between ports and solid waste management systems based on the RCRA waste man agement hierarchy and best management practices and guidance devel oped by EPA.
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From page 79... ...
Waste Minimization and Source Reduction There has been substantial progress in ship-generated solid waste management practices since the adoption of MARPOL Annex V and its
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. Segments of the cruise and ocean shipping sectors provide good examples of effective shipboard solid waste management programs.
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IMDCC should support the adoption of voluntary zero waste discharge standards and implementation of these best management practices to achieve that goal. Source reduction efforts will require public–private partnerships and the active involvement of manufacturers, industry groups, ports, and solid waste management agencies to be successful.
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From page 82... ...
These included inspections of MARPOL Annex V port reception facilities for compliance and adequacy. USCG issued or responded to and investi gated 2,986 complaints of reception facility deficiencies in 2006, up from 2,587 in calendar year 2000.
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From page 83... ...
Finding: Forensic analysis of enforcement and compliance informa tion is a necessary tool for evaluating the effectiveness of implementa tion of MARPOL Annex V; however, there is no comprehensive sys tem in place for collecting and analyzing information for this purpose at either domestic or international levels. Recommendation: USCG, in coordination with IMDCC, should develop a program to analyze the effectiveness of domestic regu lations to reduce marine debris.
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The U.S. delegation should recommend that IMO, in its ongoing review of MARPOL Annex V, incorporate this program into a global analysis of the effectiveness of MARPOL Annex V
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From page 85... ...
definition and allocation of entitlements and obligations within a m arket structure. The design of an incentive structure to support the pre vention of continued deposition of debris into the marine environment and the mitigation or removal of marine debris that is present may use any combination of these incentive systems.
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From page 86... ...
Performance measures should be developed by the United States and the international maritime community that allow for assessment of the effectiveness of current and future marine debris prevention and reduction measures. Overarching Finding: The lack of understanding of vessel waste streams and the inadequacy of port reception facilities to accept and properly manage vessel waste is a serious impediment to the preven tion and reduction of marine debris, including DFG.
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From page 87... ...
delegation to IMO should exert its leader ship in the ongoing MARPOL Annex V review process to ensure that similar amendments are incorporated into Annex V
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