protect specific and well-defined vulnerable ecosystems from identifiable harm from
shipping, now being used as a “back-door” means for increased regulation of very
extensive marine areas. According to the IMO, a PSSA is a sea area which is
identified as requiring “special protection through action by IMO because of its
significance for recognized ecological, socio-economic, or scientific attributes where
such attributes may be vulnerable to damage by international shipping activities.”
54
The Western European Waters designated as a PSSA in 2004, encompass a rather
large area from the south of Portugal to the Hebrides, and waters to the west of
Ireland. Designation of an entire body of waters as a PSSA has raised concerns not
only about the use of a concept beyond its originally-intended purpose but also the
possibility of the whole concept being undermined with the attendant risk of
devaluing the significance of the other currently designated PSSAs.
55
4.2.3 Compulsory Pilotage in Torres Straits
In 2006, compulsory pilotage was introduced for passage through the Torres Strait
and the Great Northeast Channel. It is a criminal offence under Australia’s national
law if a ship fails to take a pilot onboard. If a ship passes through Torres Strait
without taking a pilot and returns to an Australian port any time within 3 years, then
it is subject to a fine of AUD 250,000.
56 Although the regime does not apply to ships
with sovereign immunity, given the difficulties of navigation in the area, even
warships prefer take pilots for the passage of the strait. US Navy vessels, however,
in requesting a pilot will invariably note that the request is voluntary and linked to
the mandatory pilotage scheme.
57
5 The Cargo Dimension
The cargo dimension is assimilated to consist of four factors—hazardous and
noxious substances, nuclear material, proliferation, and arms and ammunition. A
discussion on each ensues.
54 Revised Guidelines for the Identification and Designation of Particularly Sensitive Sea Areas,
IMO Assembly Resolution A 24/Res.982, 6 February 2006, Annex, para. 1.2.
55 Breide and Saunders (2008).
56 Neher (2009), p. 371.
57 Bateman (2010, 2015).
Innocent Passage Under UNCLOS: An Exploration of the Tenets, Trials. . .
237
shipping, now being used as a “back-door” means for increased regulation of very
extensive marine areas. According to the IMO, a PSSA is a sea area which is
identified as requiring “special protection through action by IMO because of its
significance for recognized ecological, socio-economic, or scientific attributes where
such attributes may be vulnerable to damage by international shipping activities.”
54
The Western European Waters designated as a PSSA in 2004, encompass a rather
large area from the south of Portugal to the Hebrides, and waters to the west of
Ireland. Designation of an entire body of waters as a PSSA has raised concerns not
only about the use of a concept beyond its originally-intended purpose but also the
possibility of the whole concept being undermined with the attendant risk of
devaluing the significance of the other currently designated PSSAs.
55
4.2.3 Compulsory Pilotage in Torres Straits
In 2006, compulsory pilotage was introduced for passage through the Torres Strait
and the Great Northeast Channel. It is a criminal offence under Australia’s national
law if a ship fails to take a pilot onboard. If a ship passes through Torres Strait
without taking a pilot and returns to an Australian port any time within 3 years, then
it is subject to a fine of AUD 250,000.
56 Although the regime does not apply to ships
with sovereign immunity, given the difficulties of navigation in the area, even
warships prefer take pilots for the passage of the strait. US Navy vessels, however,
in requesting a pilot will invariably note that the request is voluntary and linked to
the mandatory pilotage scheme.
57
5 The Cargo Dimension
The cargo dimension is assimilated to consist of four factors—hazardous and
noxious substances, nuclear material, proliferation, and arms and ammunition. A
discussion on each ensues.
54 Revised Guidelines for the Identification and Designation of Particularly Sensitive Sea Areas,
IMO Assembly Resolution A 24/Res.982, 6 February 2006, Annex, para. 1.2.
55 Breide and Saunders (2008).
56 Neher (2009), p. 371.
57 Bateman (2010, 2015).
Innocent Passage Under UNCLOS: An Exploration of the Tenets, Trials. . .
237