UNCLOS

1. Q
a. What are the important highlights of UNCLOS with respect to environment protection?
b. Briefly explain the following (not more than 100 words)
i) Territorial sea
ii) Internal waters
iii) Contiguous zone
iv) Exclusive economic zone
v) Continental shelf
vi) High seas
Answer –

There are six main sources of ocean pollution addressed in the United Nations Convention on
the Law of the Sea :
1. Land-based and coastal activities
2. Continental-shelf drilling
3. Potential seabed mining
4. Ocean dumping
5. Vessel-source pollution
6. Pollution from or through the atmosphere.

The Convention lays down the fundamental obligation of all states to protect and preserve the
marine environment. It further urges all states to cooperate on a global and regional basis in
formulating rules and standards and otherwise take measures for the same purpose. Coastal
states are empowered to enforce their national standards and anti-pollution measures within
their territorial sea. Every coastal state is granted jurisdiction for the protection and preservation
of the marine environment of its exclusive economic zones (EEZs). Such jurisdiction allows
coastal states to control, prevent and reduce marine pollution from dumping, land-based
sources or seabed activities subject to national jurisdiction, or from or through the atmosphere.

With regard to marine pollution from foreign vessels, coastal states can exercise jurisdiction only
for the enforcement of laws and regulations adopted in accordance with the Convention or for
"generally accepted international rules and standards”. Such rules and standards are adopted
through the International Maritime Organization (IMO).

On the other hand, it is the duty of the "flag state" to enforce the rules adopted for the control
of marine pollution from vessels, irrespective of where a violation occurs. This serves as a
safeguard for the enforcement of international rules, particularly in waters beyond the national
jurisdiction of the coastal state, i.e., on the high seas.

Furthermore, the UNCLOS gives enforcement powers to the "port state", or the state where a
ship is destined. In doing so it has incorporated a method developed in other conventions for the
enforcement of treaty obligations dealing with shipping standards, marine safety and pollution
prevention. The port state can enforce any type of international rule or national regulations
adopted in accordance with the Convention or applicable international rules as a condition for
the entry of foreign vessels into their ports or internal waters or for a call at their offshore
terminals. This has already become a significant factor in the strengthening of international
standards.

Finally, as far as the international seabed area is concerned, the International Seabed Authority,
through its Council, is given broad discretionary powers to assess the potential environmental
impact of a deep seabed mining operation, recommend changes, formulate rules and
regulations, establish a monitoring programme and recommend issuance of emergency orders
by the council to prevent serious environmental damage.
 Territorial sea

The territorial sea can be defined as the area which extends up to 12 nautical miles from the
baseline of a country’s coastal state. The territorial sea is under the jurisdiction of that particular
country; however, foreign ships (both merchant and military) ships are allowed passage through
it.

This type of passage of territorial passage of foreign ships is known as innocent passage.
However, the right to innocent passage can be suspended if there is a threat to the security of
the coastal state.

The coastal state can also exercise jurisdiction if

 Any kind of activities in the territorial vessel has consequences extending to the coastal state
 There is a threat to the peace of the coastal country
 There is illicit traffic or smuggling of drug

Internal waters

Internal Waters include coastal areas such as ports, rivers, inlets and other marine spaces
landward of the baseline (low-water line) where the port state has jurisdiction to enforce domestic
regulations. Enforcement measures can be taken for violations of static standards while in port as
well as for violations that occurred within the coastal state’s maritime zones and beyond.
However, foreign vessels are not usually held to non-maritime or security port state laws so long
as the activities conducted are not detrimental to the peace and security of the locale.

In the maritime security context, however, a coastal state can prevent privately contracted armed
security personnel (PCASP) from entering its ports and internal waters if carriage of weapons is
forbidden in national legislation.

Contiguous zone

Contiguous zone can be defined as the belt which extends 12 nautical miles beyond the
territorial sea limit.

A coastal state’s control on this area is limited to prevention of actions which can infringe its
customs, fiscal, and immigration laws. It can also act if any activity in the contiguous zone
threatens regulations in the territorial sea.

It is possible that vessels carrying noxious dangerous substances or waste may be turned away
on public health or environmental grounds.
Exclusive economic zone

Exclusive economic zone can be defined as a belt of water which extends up to 200 nautical
miles from the baseline of the coastal state. Thus it includes both territorial sea and contiguous
zone.

The exclusive economic zone provides the coastal state control over all economic resources such
as fishing, mining, oil exploration, and marine research.

The coastal state also has jurisdiction regarding protection and preservation of natural resources
and marine environment.

Continental Shelf

The continental shelf can be defined as the area whose outer limit shall not exceed 350 nautical
miles from the baseline or shall not exceed 100 nautical miles from the 2500 meters isobaths
(A line on a chart joining places of equal depth of water)

The coastal state has exclusive rights for exploring and exploiting its natural resources in this
area. The state also has the exclusive rights to authorize and regulation drilling on the shelf for all
purposes.

High Seas

High seas can be defined as the part of the sea that is not included in the exclusive economic
zone, in the territorial sea, or in the internal waters of a coastal state or archipelagic waters (A
baseline is drawn between the outermost points of the outermost islands,) of an archipelagic
state.

High seas are open to all states for freedom of navigation, freedom of over flight, freedom to
construct artificial islands installation, freedom of fishing, and freedom of scientific research.

High seas are reserved for peaceful navigation through international waters. However,
regulations have been made to avoid prevention of slave trade, piracy, seizure of ships, illicit
narcotics trafficking and unauthorized broadcasting.
2. What are UNCLOS provisions concerning ship’s flag state and nationality? Under UNCLOS,
what are the duties of flag state and how are they enforced? Describe briefly the duties and
obligation of port state.

Answer –

UNCLOS stands for United Nations conventions on laws of sea. It was outcome of the third UN conference
in 1982 and came into force internationally on 16th November 1994 UNCLOS provisions concerning ship’s
flag and nationality
1. Law of sea convention defines the rights and responsibilities of nations w.r.t their
a. Use of worlds ocean
b. Establishing guidelines for businesses.
c. Management of marine resources.
d. Environment.
2. It came into force internationally of 16th nov 1994.
3. The treaty document consists of 446 articles grouped under 17 part headings and 9
annexes.

Part VII High seas

Article 90:- Right of navigation

 Every state coastal or land locked has the right to have it’s ship flying its flag on high seas

Article 91:- Nationality of ships

 Every state must fix condition of ships for the grant of nationality of the registration and for
the right to fly its flag
 Ship’s have the nationality of the state whose flag they are entitled to fly
 State must issue to ship’s flying its flag, documents to that effect.
 There should be a genuine link between the state and the ship

Article 92:- Status of ships

 Ships must sail under the flag of one state and are subject to the jurisdiction of the flag state
on high seas
 The permission for the change of flag is given only in the case of transfer of ownership of
change of registry
 It also deems that a ship which uses two or more flags according to convenience will be
treated as a ship with no nationality

Article 93:- Ships flying the flag of the United Nations, its specialized agencies and the
International Atomic Energy Agency
 It gives provisions for ships to fly the flag on UN or its agencies and IAEA(International Atomic
Energy Agency)

Duties of flag state

Article 94:- Duties of the flag State

1. Each flag state to effectively exercise its jurisdiction and control in administrative, technical
and social matters over ship’s flying its flag.
2. Maintain a register of the ships.
3. Assume jurisdiction under its internal law over each ship flying its flag and its master, officers
and crew in respect to administrative, technical and social matters concerning the ship.
4. Take such measures for ships flying its flag as are necessary to ensure safety of sea with
regards to:
a. Construction, equipment and sea worthiness of ship
b. Manning of ships, labour conditions, training of crew (STCW & ILO convention)
c. Use of signals, the maintenance of communications and preventions of collisions such
measures include
5. Each ship is surveyed before and after registration by a qualified surveyor of ships and has on
board such charts, nautical publications, navigational equipments and instruments for safe
navigation of the ship’
6. Each ship is in charge of master and officers who posses appropriate qualifications in
seamanship, navigation, communications and marine engineering and the crew is
appropriate in qualification and numbers for the type, size, machinery and equipment of the
ship.
7. The master, officers, crew are fully conversant with and required to observe the applicable
international conventions like MARPOL, SOLAS, COLREG, GMDSS etc.
8. In taking above measures, each state is required to confirm to generally accepted
international regulations, procedures and practices and to take any steps which may be
necessary to secure their observance.
9. A state which has clear grounds to believe that proper jurisdiction and control is not
exercised by flag state may report to t he flag state, upon receiving such report flag state
may investigate that matter and if necessary to take remedial action.
10. Every state must cause an enquiry by a qualified person/s into every marine casualty/incident
of navigation and caused loss of life/damage to other nationals or to a marine environment.
The flag state and other states must co-operate in the conduct of enquiry.

Enforcement by flag state

Article 217
1. States must ensure compliance of international laws such as UNCLOS for the protection of
marine environment and must adopt regulations to ensure their compliance to all ships flying
its flag.
2. State must take appropriate measures to prevent vessel from sailing unless they are
complying with international rules and standards regarding design, construction, equipment
and manning.
3. States must ensure that their vessels are carrying onboard all certificates required by asper
international requirements and must ensure periodical inspection of ships for compliance.
4. State must provide a investigation when its vessel commits a violation of international rules
and regulations.
5. State should enforce its national laws if sufficient evidence is there against its vessel.
6. It should be prompt in responding to any request for information by any other state and it
should inform competent international organization about action taken.
7. Flag state must fix adequate penalty for any vessel which violates the law and the penalty
must be adequate in severity to discourage future violation.

Duties and obligation of port state:

Duties : IMO code, annex , part IV, para 63

1. Reception facilities
2. Port state control
3. Keeping a register of fuel oil suppliers

1. Reception facilities :
a. Provide reception facilities for ship in port or terminal, inside and outside port.
b. Inform ships to use the facilities.
c. Ensure port, terminals, shipyards provide adequate facilities.
d. Penalty for non compliance.
e. Reception facility should be adequate in terms of capacity, availability to all ships and
without causing undue delays.
f. Example
i. Oily bilge water (annex 1)
ii. Oily residues (annex 1) (sludge)
iii. Oily tank washing (annex 1) (slop)
iv. Dirty ballast water (Annex 7)
v. Oily mixture containing chemical (Annex 1)
vi. Chemical / NLS (Annex 2)
vii. Sewage (Annex 4)
viii. Garbage (annex 5)
ix. ODS (Annex 6)
x. Exhaust gas soot (Annex 6)
2. Port state control
a. PSC program inline with IMO, RES 1052(27).
i. General
ii. Port state inspection
iii. Contravention and detention
iv. Reporting requirements
v. Review procedures
b. PSCO integrity, professionalism, transperancy
c. Regional cooperation: MOUs of paris, Tokyo, Indian ocean etc
3. Registration of fuel oil suppliers : MARPOL, ANNEX IV, Reg 18.9, Fuel oil quality
a. Maintain a register of local fuel oil suppliers.
b. Require local suppliers to
i. Take action against fuel oil suppliers delivering non compliant fuel
ii. Inform administration in case of any ship receiving non compliant fuel.
iii. Inform the organization (company) of all cases where fuel oil suppliers have
failed to meet the requirements.
4. Reporting to IMO
a. PSC detentions
b. MARPOL annual reporting systems. (MEPC/circ/3/8)
c. Complaints against inadequacy of reception facilities.
d. Complaints against non compliant bunker fuel oil quality.
3. State the UNCLOS requirements for member states
a) to register ships flagged with them and
b) to control safety, pollution and civil/social aspects of ships.
c) What mechanism is used in INDIA to comply with these requirements?
Answer –

A) Registration of a ship

1. Registration of any sea going ship or coastal ship is laid down in various national and
international convention or law like UNCLOS 1982 article 91 and MS ACT 1958 part 5 section
22.
2. Registration of a ship in any country gives the ship the nationality of the state whose flag
they are entitled to fly.
3. As per MS ACT 1958 as amended every Indian ship other than of 15 MT and above and sailing
on coast of India must be registered.
4. The basic steps are :
a. Application for registry – for registry of the ship an application for the registry
shall be made by an individual, joint owner or company or society. The owner
makes a proposal to the GOI. The application should be accompanied by
i. Declaration of ownership
ii. Builder’s certificate. – True account of price and tonnage of ship estimated
by builder.
iii. Instrument of sale. – If second hand ship.
b. Name of the ship – the owner or his agent shall give to registrar at the port of
registry note of the name proposed for the ship at least 14 days before the date
on which he decides to affect the registry.
i. At least 3 names should be proposed.
ii. The names should be approved by DGS.
iii. The registrar of receipt of application applies to DGS for allotment of an
official number.
c. Survey and measurement. After registrar is satisfied with evidence of ownership,
arrangement for the surveyor to survey the ship and her tonnage is made. Later
the surveyor grants the certificate of survey to the ship
d. Carving and marking note: once official number has been allotted, name of the
ship approved by DGS and certificate of survey is granted by surveyor, the
registrar shall issues to owner a carving and marking note which shall be return to
the registrar after carving and marking is done and checked by the surveyor .
e. Issue of certificate of registry: after competition of above process the registrar
shall enter the following particular in respect of the ship.
 i.The name of the ship and the port where she belongs
ii.The ship identification number.
iii.The particular of her origin as mentioned in declaration of ownership.
iv. The name and description of here registered owner and number of shares
(if any)
v. On competition the registrar retains the following documents :
1. The surveyor’s certificate.
2. The builder’s certificate.
3. Any instrument of sale.
4. All declaration of ownership.
vi. On competition of registry of an Indian ship the registrar grants a
certificate of registry containing particulars as insured in the register book
with the name of her master.
vii. Fees of permanent registry will be as per gross tonnage and for provisional
registry is 1100 INR.

(B)
Part XII of UNCLOS as regarding the protection and precaution of marine environment. The
government of india is signatory or has ratified to international convention such as SOLAS,
MARPOL for control of pollution of maritime environment and other factors.
1. India has enforced pollution regulations in our own EEZ.
2. In our territorial sea additional navigational restrictions such as traffic separation is
imposed on ships with dangerous and hazardous cargo.
3. India is also exercising PSC on following flagged vessels and regular flag state inspections
are carried out to prevent pollution and protect the environment.
4. The safety aspect is taken care by SOLAS under which the necessary statutory certificates
are issued to the vessel of Indian flag satisfactory survey.
5. For smaller vessels < 500 GRT the GOI has made different rules under the MS ACT 1958
for safety and pollution prevention.

Civil and social aspect

1. GOI has ratified MLC which came in force on august 2013 consequently the GOI has
developed maritime labor rules for Indian flagged vessels taking into account the culture of
the country.
2. Collective bargaining agreement (CBA) of a MUI and NUSI are taken into account while
implementing such rules.
3. The GOI can exercise criminal jurisdiction and civil jurisdiction onboard foreign ships as per
the provisions described in the UNCLOS

(C)

Pollution control mechanism and responsibility is given to coast guard, we are signatory to OPEC

1. ICG (Indian Coast Guard) to protect the marine environment by raising awareness surveying
and enforcing law pertaining to marine pollution in Indian water.
2. In order to respond to maritime disaster such as large scale oil spill from tankers or fire on
board vessels the coast guards are well equipped for disaster prevention such as oil recovery
devices and oil fences in far flung locations across the nation and remains in a constant state
of preparedness.
4. Q
a) One of the objectives of UNCLOS is protection of marine environment and prevention of
pollution. Define pollution as per UNCLOS and discuss the key features of obligations of
coastal states in this regard.
b) State the 3 main tiers of oil pollution damage compensation conventions of the IMO. In
each case elaborate on WHO is responsible for payment of compensation. Also state the
source of funds as well as certification required by ship under each tier.

Answer –

a) “Pollution of the marine environment” means the introduction by man, directly or indirectly,
of substances or energy into the marine environment, including estuaries, which results or is
likely to result in such deleterious effects as harm to living resources and marine life, hazards to
human health, hindrance to marine activities, including fishing and other legitimate uses of the
sea, impairment of quality for use of sea water and reduction of amenities;

Obligations of Coastal States

PART XII. PROTECTION AND PRESERVATION OF THE MARINE

ENVIRONMENT

Article -192: States have obligations to protect and preserve the marine environment.

Article -193: States have the sovereign right to exploit their natural resources ( pursuant
to their environmental policies and in accordance with their duty to protect
and preserve the marine environment.)

Article – 194: (States shall take, individually or jointly as appropriate, all measures consistent with
this Convention that are necessary)to prevent, reduce and control pollution of the marine
environment from any source.

(States shall ensure that activities under their jurisdiction or control are so conducted as not to
cause damage by pollution to other States and their environment.

The measures taken pursuant to this Part shall deal with all sources of pollution of the marine
environment.

(a) The release of toxic, harmful or noxious substances, especially those which are persistent,
from land-based sources, from or through the atmosphere or by dumping.

(b) Pollution from vessels, in particular measures for preventing accidents and dealing with
emergencies, ensuring the safety of operations at sea.
(c) Pollution from installations and devices used in exploration or exploitation of the natural
resources of the seabed and subsoil, in particular measures for preventing accidents and dealing
with emergencies, ensuring the safety of operations at sea.)

Article – 195: Duty not to transfer damage or hazards or transform one type of pollution into
another
(States shall act so as not to transfer, directly or indirectly, damage or hazards from one area
to another or transform one type of pollution into another.)

Article -196: States shall take all measures necessary to prevent, reduce and control pollution of
the marine environment resulting from the use of technologies. (Use of technologies or
introduction of alien or new species)

(b).

First layer of compensation—

The Tanker Owner and his Protection and Indemnity Association (P&I Club)
 The 1992 CLC covers pollution damage suffered in the territory or territorial sea or
Exclusive Economic Zone (EEZ) or equivalent area of a State party to the Convention. The
flag State of the tanker and the nationality of the owner are irrelevant for determining the
scope of application.
 For both laden and un laden tankers
  CLC based on strict liability: Whoever fault the owner is liable
 Claims can only be made against the registered owner or his insurer
 Owners of tankers carrying more than 2,000 tonnes of persistent oil in bulk as cargo are
required to maintain insurance or other financial security, and to carry on board each
tanker a certificate attesting to the fact that such insurance cover is in force.
 Most tanker owners arrange oil pollution insurance with a Protection and Indemnity
Association (P&I Club). Under the 1992 CLC, claims for pollution damage (including clean-
up costs) for which the tanker owner would be liable may be brought directly against the
insurer or provider of financial security.

The 2000 Amendments

Adoption: 18 October 2000
Entry into force: 1 November 2003
The amendments raised the compensation limits by 50 percent compared to the limits set in the
1992 Protocol, as follows:

 For a ship not exceeding 5,000 gross tonnage, liability is limited to 4.51 million SDR
 For a ship 5,000 to 140,000 gross tonnage: liability is limited to 4.51 million SDR plus
631 SDR for each additional gross tonne over 5,000
 For a ship over 140,000 gross tonnage: liability is limited to 89.77 million SDR

For CLC: 4.51 Million SDR to 89.77 Million SDR

Second Layer Of Compensation—The 1992 Fund

Note: The 1992 Fund will not pay compensation if the damage occurred in a State which was
not a Member of the 1992 Fund
 Any country which imports 1, 50,000 tonnes per annum will have to contribute towards
FUND. This FUND is managed by an independent Director appointed by IMO. The Fund's
obligation to pay compensation is confined to pollution damage suffered in the
territories including the territorial sea of Contracting States. The Fund is also obliged to
pay compensation in respect of measures taken by a Contracting State outside its
territory.
 For a single incident the maximum the amount payable including the contribution from
CLC is 203 million SDR
 If three states import more than 600 million tons of oil per annum are involved in an
incident then the maximum compensation payable is 300.74 million SDR including the
contribution from CLC.
Third layer of compensation— the Supplementary Fund
 The 2003 Supplementary Fund is also financed by contributions payable by oil receivers
in the States which ratify this new Protocol which is optional. However, there are two
differences to the system that applies in the case of the 1992 Fund Convention. First, for
the purpose of contributions it is considered that there is a minimum aggregate quantity
of 1 million tones of contributing oil received in each Member State of the Supplementary
Fund. Secondly, the Protocol contains a provision for so-called ‘capping’ so that the
aggregate amount of contributions payable in respect of the contributing oil received in
any single State in a calendar year should not exceed 20 per cent of the total
contributions levied. This is a temporary measure until the total amount of contributing
oil received in States which are party to the Supplementary Fund reaches 1,000 million
tonnes or for a period of 10 years from the date of entry into force, whichever is the
earlier.
 As per 2003 Protocol of FUND convention, for any single incident the maximum
compensation payable has been increased to 750 Million SDR including the contribution
from CLC.

Voluntary Funds: (By P&I + Tanker Owners)

STOPIA (Small Tanker oil pollution indemnification Agreement)
TOPIA (Tanker Oil Pollution indemnification Agreement)

Taking into account the past disproportionate financial burden on the oil industry in respect of
small ships, and recognizing that the Supplementary Fund increases the financial exposure of oil
receivers in some States, the International Group of P&I Clubs, with the support of ship-owners,
has introduced two voluntary agreements that are now in force
 STOPIA increases the financial exposure of tanker owners in the states who ratify 1992
Fund, beyond their CLC limit, and
 STOPIA provides for an increase, on a voluntary basis, of the limitation amount for small
tankers to 20 million SDR, and applies to ships of less than 29,548 GT insured by one of
the members of the International Group of P&I Clubs and reinsured through the Group's
pooling arrangement. The STOPIA provisions apply to pollution damage in any State for
which the 1992 Fund Convention is in force.
 TOPIA further increases the financial exposure of tanker owners in those states that ratify
the Supplementary Fund Protocol,
 For TOPIA, Ship-owners will contribute 50% of the total costs of compensation in respect
of payments made by the Supplementary Fund. It applies to tank ships insured by one of
the members of the International Group of P&I Clubs.
 This helps to maintain an equitable sharing of the financial burden of oil spill
compensation between tanker owners and oil cargo interests.
Bunker convention
 International Convention On Civil Liability for Bunker Oil Pollution Damage 2001

 Enter into force 21 Nov 2008

 Modelled on the CLC 69
 Compensation amount not exceeding LLMC 76 limits
 Based on strict liability and Direct action(i.e clain brought directly against the insurer)
 Ships of 1000Gt and above to maintain Bunker Convention Blue Card and Related
Insurance certificate.
 The P&I issuing the Blue card will by default want to include war risk insurance with
separate limit for P&I liabilities for this indemnification.
 The Limit value of this is the proper value of the ship but not more than $100 Million.
5. An Indian flag vessel has grounded off the coast of India, and the owners have abandoned
the property. In accordance with the provision under the Merchant Shipping Act, what steps
should be initiated and who should initiate such steps for the safety of the ships and the
marine environment.

Answer –

Whenever a shipping accident takes place and comes under the purview of M.S.Act as a shipping
casualty, the master, the pilot or persons in charge of ship at the time of casualty is required to
give notice of this casualty to officer appointed by the government under the section 358(2) of
the M.S.Act. The proper officers appointed by the government are notified in the official gazette.

Preliminary enquiry : When an officer appointed under the Act received information about the
shipping casualty, he is required to conduct a preliminary inquiry about the accident.

The purpose of the preliminary enquiry is to establish the following:

1. A shipping casualty has occurred within the meaning of Act.

2. The details of the voyage leading to the casualty.
3. Events that led to the casualty
4. Extent to which loss of life or loss of property has occurred due to shipping
casualty
5. The causes that led to the casualty including act ofincompetency, negligence or
misconduct of person or persons is concerned

The preliminary enquiry, which is held under section 359 of M.S.Act is departmental enquiry and
the proceedings of such enquiries are not released to public.

In conducting the preliminary enquiry, the officer has the following responsibilities:

(1) To inform the central government and the state government concerned where necessary
of the detail of the shipping casualties occurring within their jurisdiction
(2) To go on board the ship and inspect the same including machinery and equipment, but
not unnecessarily detaining or delaying her from proceeding on any voyage
(3) To enter and inspect any premises to facilitate the completion of the preliminary enquiry
(4) To summon persons he thinks to take statement to complete the preliminary enquiry
(5) To demand the production of all log books, documents or papers he considers necessary
for the enquiry
(6) To submit the report to central government
If any person refuses to attend and answer or to produce necessary evidence or to impede the
enquiry, officer should call his attentions to the power given to him. In case he still refuses, he
can take action under chapter X of the Indian Penal Code.

Persons who may be present at the examination; Where the owner or agent of a ship, a casualty
to which is being investigated signifies his desire to be present but only while witness belonging
to the ships at which he is directly interested are being examined, and he must be requested to
remain silent. He may take note of evidence, if he desires but should not interfere examination
of witnesses. Barring this, no person is to be present in room during the examination of the
witness excepting the deponent, The officer conducting the enquiry and his clerk and if
necessary an interpreter. Professional lawyers are not admitted in to the proceedings of
preliminary enquiry or formal investigation.

Whenever it appears that the event leading to ship casualty, demand a formal investigation by
court, the D.G.Shipping, by virtue of power delegated to him under section 360 of M.S.Act may
direct the same to be held. On receipt of the order of director general the proper officer shall
make an application to the court of empowered under 361. The objective of court empowered
under 361 is not to punish anyone who may have been at fault, but to throw light on the cause
of casualty and to consider steps to prevent such casualties in future. Only first class magistrates
are empowered to conduct these formal investigations.

The courts are assisted by assessors having the requisite technical knowledge and are
independent of all the interest concerned. The assessor are appointed by the court out of the list
which is maintained by the directorate.

Where formal investigation involves or appears likely to involve any question regarding
cancellation or suspension of certificate of competency of master, mate or engineer, the court
shall be assisted by not less than two assessors having the requisite experience in merchant
marine service.

Apart from the officer on whose application this investigation is undertaken, any person upon
whom a notice of investigation has been served, any other interested parties may be permitted
to appear at investigation and become a party to the proceedings.

On the appointment time and place for holding investigation, the court can proceed with
investigating witness the parties upon whom notice of investigation have been served are
present or not.

Report of court, unless the cancellation or suspension of any officers certificate is not involved,
the court need not tell its decision in open court. It may send or deliver to the parties a copy of
the report as required by 369 of M.S.Act to be transmitted to the central government. The court
should submit its report to the central government in duplicate. Where cancellation or
suspension of officers certificate of competency is involved, the court may deliver its decision in
open court and also send or deliver to the parties a copy of the report to be transmitted to the
central government. Where the certificate is suspended and the court has recommended a
certificate of lower grade should be issued, the same shall be issued by D.G.Shipping through the
principal officer concerned.

The power to cancel certificate of competency – The certificate of competency may also be
cancelled by central government under provision of 373 of M.S.Act
 6. The ‘The Lakshawadeep Island” and the “Andaman and Nicobar islands” are known for their
critical habitat and required to be protected from marine pollution. Describe briefly how
these islands could be protected from marine pollution. Explain briefly the term “particularly
sensitive sea area”. Describe briefly the various criteria associated for identification and
designation of a PSSA.

Answer –

1. Lakshawadeep and Andaman islands because of their critical habitat and ecological criteria such
as unique and diverse ecosystem and vulnerability to degradation by natural events or human
activities such as marine pollution can be protected as follows.
a. As both islands falls under Indian coastline, and India being part of International treaty
UNCLOS, so provisions of UNCLOS are also relevant.
b. Further, India has included both the island under ‘MPA- Marine Protected Area’. These are
the area in oceans where human activities are stringently monitored.
c. Specific measures can be used to control the maritime activity in these areas, such as
routeing measures.
d. Strict application of MARPOL discharge and equipment requirements for ships such as oil
tankers.
e. Installation of vessel traffic services (VTS)
f. Designate an area as a special area
2. Particularly Sensitive Sea Area (PSSA)
It is an area that needs special protection through action by IMO because of its significance for
recognized ecological or socio economic or scientific reasons and which may be vulnerable to
damage by international maritime activities.
Eg – The great barrier reef, Australia (1990), Canary Islands, Spain, Western European waters.
3. Criteria for identifying and designation of PSSA
The IMO assembly in its 24th session adopted revised guidelines for the identification and
designation of PSSA.
Applications for the identification of a PSSA are submitted to the IMO by member governments.

CRITERIA – In order to be identified as PSSA ,

a. The area should meet at least one of the ecological, socio-economic or scientific criteria
listed below.
b. The area should be at risk from international shipping activities.
c. There must be measures that can be adopted by the IMO to protect the area.
The criteria for the identification of PSSA are as follows:

1. Uniqueness or Rarity – If an area is only one of its kind.

 2. Critical Habitat – If rare or endangered marine species are present.
3. Dependency – Eg – Coral reef, Kelp forests, Mangrove forests
4. Representativeness
5. Diversity – Area may have exceptional variety of species or variety of ecosystems
6. Productivity – Area that has a high rate of Natural Biological production.
7. Breeding grounds.
8. Naturalness - area that has experienced a relative lack of human distribution.
9. Integrity – Area of self sustaining ecological entity
10. Fragility
11. Biogeographic importance.

Social, cultural and economic criteria :

1. Social or economic dependency – Eg. Fishing, recreation, tourism and livelihood of people
who depend on access to the area.
2. Human dependency – Area that id of particular importance for food production activities.
3. Cultural Heritage – Area that is of particular importance because of the presence of
significant historical and archeological sites.

Scientific and Educational criteria –

1. Research – An area that has high scientific interest.
2. Baseline for monitoring studies - An area that provides suitable baseline condition with
regards to biota or environmental characterstics.
3. Education – An area that affects an exceptional opportunity to demonstrate particular
natural phenomenon.
An application for PSSA designation should contain a proposal for associated protective
measures (APM) for preventing, reducing or elimination the threat or identified vulnerability.

Vulnerability to impact from international shiping.

1. Vessel traffic characteristics

a. Operational factors i.e. type of maritime activities (Oil rig, Fishing, Pleasure craft.)
b. Vessel types – (high speed vsl, large tanker, bulk carrier)
c. Harmful substances carried.
2. Natural factors –
a. Hydrographical
b. Meteorological
c. Oceanographic