International Convention for the Control and Management of Ships Ballast Water and

Sediments (BWM), 2004Sediments (BWM), 2004

By Cheryl Rita Kaur

Researcher, Centre for Maritime Security and Environment (MSE)cheryl_rk@mima.gov.my

Kursus “An Introductory Course On Maritime Conventions” anjuran Institut Latihan Pentadbiran dan Pengurusan Pengangkutan Laut (Ilpppl).

[Pulau Indah, Pelabuhan Klang: 19-21 Ogos 2008]

Outline

• Introduction • The problem• International responses and initiatives• The IMO response • The IMO response • Importance of the IMO BWM convention• Situation in Malaysia • Conclusion

Introduction

• Weight added to the ship to prevent it heeling over due to lateral forces that arise from waves, high speed winds, unsymmetrical loading, etc.

• Early days, ships carried stones/ metal pieces to weigh down a ship to make it stable.

Raising ballast stones to the surface

• Transformation in ship design and shipbuilding - wooden hulls gave way to metal ships and sea water replaced stones as ballast.

• Ballast tanks on board modern ships are watertight compartment filled with / emptied of sea water to provide stability.

• Ballast ensures that the propeller is fully submerged in the • Ballast ensures that the propeller is fully submerged in the water to obtain full efficiency of its rotation and avoid drag.

• Ballast water is defined as ‘water (with its suspended matter) used to maintain the trim and stability of a vessel:

– Replaces cargo: eg. oil tankers– Used for vessel control: eg. balance for partially loaded

container shipscontainer ships– For loading/ unloading: eg. heavy lift vessels

Ballast water is one of the principal pathway for unintentional introduction of alien species.

Ø 1 of 4 major threats to world’s oceans Ø 2nd greatest threat to biodiversity.

The Problem

• Shipping in society:Carries >90% world trade

• Volumes of seaborne trade continue to increase and the problem may not yet have reached its peak. reached its peak.

• The development of faster and larger ships, combined with rapidly increasing world trade, has reduced the natural barriers to the dispersal of species.

• Larger quantities of ballast water is being carried more quickly and frequently to a greater number of destinations.

Marine Bioinvasions • Over 12 billion tones of ballast water is filled at one part of

the ocean and discharged at the other.

• During the process a variety of marine species enter or leave the ship’s ballast tanks thus traveling large distances on a daily basis.

• These organisms range in size from bacteria, to microscopic algae as well as small fish.

• The introduction of marine organisms alien to local ecosystem through ship hulls and ballast water is called as marine bioinvasion.

• Pose threats to human, animal and plant life and the resultant impact on the marine environment.

Based on the type and condition of cargo carried

Vessel types Typical pumping rates (m3/h)

Dry bulk carriers 5,000 – 10,000

Ore carriers 10,000

Tankers 5,000 – 20,000

Liquefied-gas carriers 5,000 – 10,000

Oil bulk ore carriers 10,000 – 15,000

Global nature and magnitude of the problem

International Responses and Initiatives

• There has been an increasing awareness on the issue. However, considerable harm has already been done around the world worth billions of dollars.

• If actions are not taken, these impacts could get worsen over time.

• CBD; UNCLOS; WSSD (JoBerg 2002); UNCED (Agenda 21) 1992, and others had highlighted the issue and called upon governments and industries to act.

• National responses involving stringent unilateral rules and regulations on voluntary and mandatory reporting.

• The IMO adopted the Resolution A.868(20) – Guidelines for the control and management of ships’ ballast water to minimise the transfer of harmful aquatic organisms and pathogens in Nov 1997; superseding earlier and less comprehensive guidelines.

Includes the recommendation for a ship’s ballast water management plan and ballast water exchange at sea as the control and prevention method to avoid the possible translocation of species.

• The International Convention for the Control and Management of Ships’ Ballast Water and Sediments 2004adopted at a Diplomatic Conference in London on 13 February 2004.

• Representatives of 74 States, one Associate Member of IMO, observers from two intergovernmental organizations and 18 non-governmental international organisations attended the Conference.

The BWM Convention

and 18 non-governmental international organisations attended the Conference.

• Builds on the complementary roles of coastal, port and flag States as well as the shipping industry in protecting the marine environment by embracing effective ballast water management measures.

• Will come into force with the adequate number of countries (30 countries representing 35% of the world’s merchant shipping tonnage) ratifying the Convention. As at 31 March 2008, there are a number of 13 contracting countries to the convention.

The Importance?

Transboundary issue: • Successful ballast water control and management would

only be possible through cooperation at global and regional level with uniform enforcement.

• This is a challenge for the States, but it also pertinent to acknowledge the consequences of not supporting and acknowledge the consequences of not supporting and adopting the convention.

Foreseeable effects:• Compliance difficult and complex for ship operators.• Complicate the conduct of worldwide trade.• Undue delay and financial implications to the ship operator -

signatories could stop ships from entering ports if vessels don’t conform to standards.

Response by the Shipping Industry

• Shipping industry has experienced difficulty in complying with standards that contrast from country to country.

“Ours is an international industry…To suddenly be in a situation where you have to meet different standards situation where you have to meet different standards throughout the world, it can create an untenable situation.”

John BergeVice President Pacific Merchant Shipping Association

IMO Response • IMO-GloBallast Programme (2000-2004) • IMO-GloBallast Partnership Initiative (2007) • Ballast water treatment technology development.

The Global Ballast Water Management Programme(GloBallast) Project

• Global Environment Facility (GEF) United Nations Development Programme (UNDP) Several countries

• Implement the IMO ballast water guidelines.• Implement the IMO ballast water guidelines.

• Implementation of the IMO Ballast Water Convention.

• Reduce transfer of harmful organisms from ships’ ballast water.

The GloBallast Programme Demonstration Sites

Ballast Water Exchange

• Ballast water exchange is to take place at least 200 nautical miles from the nearest land.

• Water of at least 200 metres depth.

• Where it is not possible to perform operation, it should be undertaken least 50 miles from land.

• The convention further seeks Port State(s) to designate suitable areas for discharging ballast where geography does not permit above stipulations.

Ballast Water Treatment• 2009 onwards, all vessels with a ballast capacity of 5000

cubic metres or less built must have ballast water treatment systems.

• 2012 onwards, vessels with ballast capacity of above 5000 cubic metres must have ballast water treatment systems.

• Vessels built before 2009 with a ballast capacity of between 1500 and 5000 cubic metres will have to retrofit treatment systems by 2014. systems by 2014.

• Those with a capacity of less than 1500 cubic metres or more than 5000 cubic metres shall be Convention compliant and must be retrofitted with such systems by 2017.

The Situation in Malaysia: Threats

Ports and trade

• As one of the world’s top twenty trading nations, the importance of the maritime sector to Malaysia cannot be underestimated. About 95% of the country’s trade is seaborne.seaborne.

• There are at least 105 landing facilities in the country, ranging from major ports to small jetties either under federal or state control.

• There are also some of the world’s major ports, maritime hubs and trans-shipment harbors in Malaysia.

Ports in Malaysia

Source: PortsWorld

National shipping activity

• MISC dominates the maritime transportation in Malaysia with a combined tonnage of more than 8.33 million DWT.

• World’s largest single owner-operator of LNG vessels and the second largest owner-operator of Aframax tankers.the second largest owner-operator of Aframax tankers.

• MISC’s vessels call at 700 ports in 80 countries.

The Strait of Malacca

• Malaysia is strategically located along the Strait of Malacca. The Strait is a maritime superhighway that hosts a tremendous amount of maritime activities and seaborne trade that facilitates a high volume of vessel traffic.

• The Strait is a vital lifeline both for its rich natural living resources and the development of the nation’s economy.

More than 600 ships pass through the Straits every day, making it one the busiest shipping channels in the world.

Ships tranversing the Strait of Malacca (2000-2006)

15,000

20,000

25,000

Number

60,000

62,000

64,000

66,000

68,000

Total number of ships

VLCC / ULCC

Tanker vessel

LNG / LPGcarrierCargo vessel

ContainervesselBulk carrier

0

5,000

10,000

2000 2001 2002 2003 2004 2005 2006

Year

Number

50,000

52,000

54,000

56,000

58,000

Total number of ships

RORO / carcarrierPassengervesselLivestockcarrier Tug / towvesselGovernment /Navy vesselFishing vessel

Others

Total

Increase in number of ships calling:

• A boost in the number and sizes of ships calling to Malaysian ports has also been recorded over the years.

• For instance, total number of ships calling by some of the major ports in Malaysia, which stood at just 57,156 (277,734,000 GRT) in 1996, has drastically increased to 65,499 ships (503,963 GRT) in 2006.

Concerns for Malaysia

• Many different stakeholders in various disciplines, skills and industries that can be either involved in the process or be affected by the process of ballast water uptakes and discharges in Malaysia: shipping sector, fisheries, mariculture, marine biodiversity, tourism, human health, etc.

• Nearly 70% of fishermen in Peninsular Malaysia concentrated along the coast & islands in the Strait, contributing to more than >380,000 tonnes of fish estimated at USD 0.32 million per year landed from the Strait.

• Resort & tourist spots – need to be pollution free.

Current law and legislation• Ballast water is not regarded as a pollutant in Malaysia. As

such, ballast water movements within Malaysia are currently unmanaged and unregulated.

• No guidelines have been formulated and no rules have been gazetted to address the control of ballast water

Issues for Malaysia

• No guidelines have been formulated and no rules have been gazetted to address the control of ballast water discharges in Malaysian ports.

• Provisions of the Environmental Quality Act and the Federation Port Rules are only applied if ballast water discharged contains oil residue.

• Inadequate penalty of not exceeding RM 250 for unlawful ballast water discharge stipulated in the Merchant Shipping Ordinance (MSO) 1952.

Lead agency• The Marine Department of Malaysia following the

development of this issue very closely.

• It is important to acknowledge that the problem ofharmful organisms and pathogens in ship’s ballast waterharmful organisms and pathogens in ship’s ballast wateris not a confined problem and its solution depends onthe initiatives of the government as a whole within itsseparate ministries, departments and organisations.

• The cooperation from all related agencies is crucial toaddress the matter.

Reaction from shipping companies• Some of the shipping companies (mainly ships

traversing in local waters only) are reluctant to react to the issue, due to the fact that the global enforcement of the IMO convention has not come into effect and that Malaysia has yet to promulgate its own legislative position on this issue. position on this issue.

• However, the major shipping lines are currently adhering to the regulation and requirements on ballast water

control and management when calling at foreign ports.

Baseline records and data• There is a lack of local marine biological diversity

baseline data and records of possible introductions of species.

• Difficult to assess the extent of the problems associated with ballast water discharges in Malaysian waters. with ballast water discharges in Malaysian waters.

• Lack of continuous monitoring is a major impediment to detecting any introduction of invasive alien species.

Possible threat in Malaysia: Harmful Algal Blooms (HABs)

Dispersed through ships’ ballast water?

Invasive species – destruction of eco-system

Algae blooms – e.g. red tides -àfish kills

Source: Mitsunori et. al. Phylogeny and geographical distribution of Cochlodinium polykrikoides population (Gymnodiniales, Dinophyceae)(Dinophyceae) collected from Japanese and Korean coasts. [The Nagasaki University & the University of Tokyo].

HABs in Sabah

Contributing factors

Ballast water transport

Shellfish transplantation

Environmental change

Global distribution of HABs

Environmental change (eutrophication / contaminant loading)

Global climate change

Source: The global distribution of HAB events in 1999 compared to the 1970’s (IOC, UNESCO, 2000).

Conclusion• By becoming a party to the convention, and enacting national

legislation & implementing proper guidelines and rules, Malaysia will be putting into place one more significant international tool to protect the marine environment from vessel-based pollution.

• Gaps need to be addressed for ballast water control and management in our waters.

• However, costs implication of putting in the required treatment technology and monitoring activities would be the major undesirable result which the stakeholders would have to bear when the IMO convention comes into force.

THANK YOUTHANK YOU