This week the Honourable Marc Garneau, Minister of Transport, and the Honourable Lawrence MacAulay, Minister of Agriculture and Agri-Food, hosted a roundtable discussion to provide grain producers, shippers, and railways an opportunity to share information, to address challenges specific to grain transportation, and support the implementation of new measures that will help advance common goals.
Topics covered included:
The Scott Islands Marine National Wildlife Area is the first to be protected under the Canada Wildlife Act and in close collaboration with Indigenous Peoples, the Province of British Columbia, and stakeholders. The protected area spans 11 546 km² around the Scott Islands and the conservation objective is to conserve migratory seabirds and species at risk as well as the habitats, ecosystems, and marine resources that support them. The Scott Islands Protected Marine Area Regulations, in conjunction with complementary measures by Fisheries and Oceans Canada and Transport Canada to help mitigate fishing and shipping related concerns in the area, will provide an effective regulatory framework for the management of human activities within the boundaries of the area. An advisory committee, with technical and science advisory working groups, will also be established to provide advice and input into the development of an adaptive management plan for the Marine National Wildlife Area. A final management plan is expected in 2019.
Shell Canada concurrently announced its intent to voluntarily release almost 50 000 km2 of exploratory permits in the same region. Shell Canada’s Country Chair, Michael Crothers, announced the release of permits in the Queen Charlotte and Tofino basins, which overlap with about one third of the newly designated Scott Islands protected area.
The Port of San Diego has enrolled in Green Marine, North America’s largest voluntary environmental certification program for the maritime industry. Green Marine’s environmental program makes it possible for port authorities, terminal operators and ship owners to voluntarily reduce their environmental footprint through a comprehensive program that addresses key environmental issues that are common to most ports. The Port of San Diego established a Blue Economy Incubator in 2016 to foster sustainable aquaculture and pilot emerging blue technologies to deliver multiple benefits to the whole Port community such as fisheries enhancement, ecosystem restoration, water quality improvements, environmental monitoring, and education and outreach.
To assist shipping companies prepare for implementation of the IMO global sulphur cap for ships’ fuel oil on 1 January 2020, the International Chamber of Shipping’s Marine Committee has developed some comprehensive guidance on implementation planning, to help ensure compliance across the shipping industry with this regulatory game changer. New Provisional Guidance to Shipping Companies and Crews on Preparing for Compliance with the 2020 Global Sulphur Cap’ can now be accessed via the ICS website at https://bit.ly/2x7B7tC.
The Ocean Cleanup, a Dutch non-profit initiative aiming to rid the seas of plastic litter, launched its System 001 equipment on 8 September 2018 in San Francisco. The Maersk Launcher will tow a 2,000-foot-long (600-metre), U-shaped floating barrier with a 10-foot (three-metre) "skirt" below the water's surface to collect the waste. Debris will be funnelled to the centre of the system and the system will skim the surface of the ocean to collect the plastics. Initially the Maersk Launcher will tow the system 240 nautical miles from shore for 14 days of trials. If the trials are successful, the Ocean Cleanup will proceed a further 1,200 nautical miles to the Great Pacific Garbage Patch located halfway between California and Hawaii. The patch reportedly contains 1.8 trillion pieces of plastic and covers an area twice the size of Texas. The organization anticipates that the first batches of plastic will be returned to land in six months, when the waste will be recycled into products that can be sold to help fund future operations.
As part of the Oceans Protection Plan, the Government of Canada is developing a new, more collaborative approach to managing marine traffic issues in local waterways. Proactive Vessel Management is a new concept that involves strengthening collaboration between the Government of Canada, Indigenous peoples and coastal communities, provincial and municipal governments, the marine shipping industry and other marine stakeholders. This will be accomplished by creating forums for discussion and collaboration to develop measures that promote safe navigation and environmental protection in local waterways. A national framework will be developed to provide guidance and direction for how Proactive Vessel Management will be delivered across Canada. Transport Canada is reaching out across the country to seek your initial thoughts on this new concept. For more information and to provide feedback, visit the Let's Talk Oceans Protection Plan website.
Six conservation groups have filed a lawsuit in Federal Court over the Canadian government's failure to issue an emergency order to protect the endangered southern resident killer whales (SRKW). The application names the federal fisheries and environment ministers as respondents and asks for a court order compelling the government to recommend emergency protection for the whales and their habitat. The Chamber of Shipping released a statement affirming our commitment to working with stakeholders in pursuing effective measures to address potential ship impacts to the SRKW's survivability. Participation levels in the voluntary speed reduction in Haro Strait have been impressive so far in the second year of the trial. The federal government issued a news release in response to the lawsuit, outlining the actions being taken to address the recovery of the species at risk. Stakeholders are invited to share their views on the Amended Recovery Strategy for the Northern and Southern Resident Killer Whales through a commentary period ending November 3, 2018. Ecojustice, a non-profit organization of lawyers and scientists, filed the lawsuit on behalf of the David Suzuki Foundation, Environmental Defence, Greenpeace Canada, International Fund for Animal Welfare, the Raincoast Conservation Foundation, and the Wilderness Committee.
Shortly after the ILWU Local 502 representing Planners and Assistant Planners for GCT Canada served strike notice on Sept. 3rd, a tentative five-year collective agreement for GCT Canada Planners and Assistant Planners was reached. ILWU Local 502 withdrew its strike notice and is now recommending that members vote in favour of the agreement. This will be the first collective agreement for the GCT planners.
Thousands of members of the International Longshoremen’s Association, AFL-CIO at ports from Maine to Texas overwhelmingly approved a six-year master contract extension with United States Maritime Alliance (USMX) that will labour stability to ports in the East Coast and Gulf Coast through September 30, 2024. The newly ratified contract sets clear guidelines on what type of automation ports in the eastern half of the US can adopt, and procedures for labour protection when they do. Specifically, the contract prohibits fully automated terminals or equipment and demands port employers negotiate job-protection strategies with the local union before any machinery "devoid of human interaction" is deployed.
The Federal Maritime Commission's Commissioner Rebecca Dye has released key initial observations in the interim report for Fact Finding 28, an investigation into "Conditions and Practices Relating to Detention, Demurrage, and Free Time in International Oceanborne Commerce." The resulting record strongly suggests that concerns about demurrage and detention in US trades are not limited primarily to weather-or-labor-related port congestion in 2014-2015, a small subset of large ports, or episodic events unrelated to potentially systemic issues. Additionally, the record supports further consideration of the benefits to the US international freight delivery system of:
The final report for this FMC fact-finding investigation is scheduled for release by Dec. 2.
The Office of Design and Engineering Standards announced the availability of Navigation and Vessel Inspection Circular (NVIC) 01-09, Change 1, “Voluntary Compliance with International Sewage Regulations in Annex IV TO MARPOL 73/78.” The purpose of NVIC 01-09, Change 1 is to provide additional guidance for vessel owners or operators as well as manufacturers of any shipboard sewage processing equipment, including facilities that test shipboard sewage and related processing equipment, to voluntarily request US Coast Guard certification of compliance with international sewage regulations in Annex IV to MARPOL 73/78. It also provides for reciprocity under Annex IV for non-U.S. flagged ships operating in waters subject to the jurisdiction of the United States.
The Government Accountability Office (GAO) issued a report on the Great Lakes-St. Lawrence Seaway. Stakeholders identified several challenges that affect traditional uses of the Great Lakes-Seaway such as the transport of dry bulk commodities and imported steel, and also considered the challenges affecting “emerging use” of the system, such as the cruise industry and container market. These included increase pilotage rates, condition of lock infrastructure, complexity of ballast water regulations, insufficient dredging, winter closures, and inadequate portside infrastructure.
Regional authorities of Shanghai, Zhejiang and Jiangsu Provinces have recently issued formal notices that ships calling at the provinces’ ports on or after 1 October 2018 will be required to use fuel with a sulphur content not exceeding 0.5% while navigating and berthing within the provinces’ waters and port areas. Since 1 January 2018, ships have been required to use fuel with a sulphur content not exceeding 0.5% while berthed at all ports within the three ECAs. Ships must switch to compliant fuel within one hour of arriving at their berth and use compliant fuel until not more than one hour prior to departure. The changes affecting ships operating within these emissions control areas (ECAs) which had been expected to take effect on 1 January 2019 will now take effect three months before that date, as follows;
The Secretariat has been advised that the situation in the Pearl River Delta and Bohai-rim Waters ECAs remains unchanged, ships will be required to use compliant fuel at all times when inside these ECAs from 1 January 2019.
At the United Nations in New York, the International Chamber of Shipping (ICS) is representing shipowners at the start of a major negotiation to agree a new legal instrument for the protection of the ocean under the UN Convention on the Law of the Sea (UNCLOS) – which will apply to ‘high seas’ areas ‘beyond national jurisdiction’. ICS fully supports the objectives of the UN negotiations and the critical need to provide environmental protection for the ocean from activities such as fishing and seabed mining. However, ICS says these are activities which, unlike commercial shipping, do not enjoy a comprehensive framework of global regulation such as that which has been developed, over a period of 50 years, by the UN IMO and its 174 Member States. Of particular interest to ICS is that the new UN instrument is likely to permit area-based management tools such as Marine Protected Areas (MPAS) being developed for the high seas. ICS asserts that the detail and appropriateness of any future measures that might apply in such MPAs – for example special navigational measures to protect whales – should still be determined by the relevant specialist agency, in this case IMO, which has long experience of implementing MPAs for global shipping.
On August 28th more than 2,500 AK-47 automatic rifles were seized from a skiff in the international waters of the Gulf of Aden during a counter-trafficking mission conducted by the USS Jason Dunham (DDG 109). The US Navy has stated that 2,521 guns were confiscated from the skiff, which was determined to be stateless following a flag verification boarding conducted in accordance with international law. Although the origin and intended destination of the skiff were immediately unclear, US officials have said that ships intercepted in this area in the past have been linked to Iranian efforts to support Houthi rebels in Yemen.