Vessels travelling in the Southern Ocean face a unique set of conditions - ice, extreme weather, rough seas, remoteness from search and rescue facilities - that necessitate extra precautions. Additionally, Antarctic ecosystems are fragile - for example, cold-water corals are thought to be more vulnerable to environmental contaminants and may face significant negative impacts even at low levels of pollution and oil spills under ice and in remote locations are likely impossible to clean up. ASOC firmly believes that without strict regulation of vessels travelling in the Southern Ocean, both human life and the marine environment will face unacceptably high levels of risk. The report on the 2007 sinking of the MS Explorer in Antarctica drove home the need for additional measures. Although all of the passengers and crew were rescued safely, the report makes clear that this was largely due to luck. Passengers were moved back and forth between lifeboats at sea, lifeboats were not adequately stocked, and safety procedures were not followed. Most important, the investigation claims that the ship captain was inexperienced in Antarctic waters and caused the accident by failing to correctly judge the nature of the ice field in which the ship was travelling. Reports from the Chilean Navy suggest that there was a sustained oil leak from the ship's fuel tanks, but the environmental impact of this spill will likely never be known.
As shipping traffic increases in the Southern Ocean, the chance of similar accidents also rises - and these may not occur under circumstances as favorable as the Explorer's. Larger and larger ships also present a significant risk, because they carry larger amounts of fuel and passengers. In the Antarctic, it is always difficult, sometimes impossible, to mount rescue operations or environmental remediation. The bigger the ship, the more difficult these problems would be. ASOC was pleased by the decision at the XXXII ATCM to limit landings from any ship with over 500 passengers. Limiting the size of ships in this way minimizes the risk to humans and the environment, while additionally limiting the environmental footprint of human activity, since large cruise ships discharge considerable amounts of waste.
The institution of a ban on heavy fuel oil in polar waters starting in 2011 is a positive development. Heavy fuel oil pollutes more in comparison to lighter fuel oils because it is slower to break down in the marine environment. Read our complete briefing here. However, greater protections are needed. ASOC believes it is vital to:
- Convince IMO and the Antarctic Treaty Parties to establish the highest levels of safety and environmental protection, including appropriate ice-strengthening standards, for all ships using the Southern Ocean through a legally binding Polar Code;
- Stop discharges of garbage, grey water and other pollutants through tighter regulations and better enforcement;
- Establish a regional vessel traffic control system, beginning with the Peninsula area;
- Establish ships’ routing measures and areas to be avoided (for safety or environmental protection) in the most frequently used regions
- Create an integrated liability regime to enhance Annex VI to the Environmental Protocol, which will ensure that those who cause damage to the environment are legally liable for their actions
The legally binding Polar Code is currently being negotiated within the International Maritime Organization (IMO). ASOC is very involved in this process to ensure that the strongest possible provisions are included in the code.
ASOC considers that a Mandatory Code addressing Antarctic Shipping should:
- Apply to the full extent of Antarctic polar waters south of the Antarctic Convergence;
- Be relevant to all vessels operating south of the Antarctic Convergence, including dedicated provisions for fishing vessels;
- Require application to existing vessels where practicable, particularly where vessels are being converted for polar service;
- Require that only polar class vessels with adequate ice-strengthening operate in polar ice covered waters; and
- Comprehensively address vessel safety, remote search and rescue and environmental response, and environmental protection.
Read our complete briefing on the essential elements of a Polar Code here.
