2.1 MARPOL, in Annexes I, II, IV and V, defines certain sea areas as Special Areas
in relation to the type of pollution covered by each Annex. A Special
Area is defined as "a sea area where for recognized technical reasons
in relation to its oceanographical and ecological conditions and to
the particular character of its traffic, the adoption of special mandatory
methods for the prevention of sea pollution by oil, noxious liquid
substances, sewage, or garbage, as applicable, is required." Under
the Convention, these Special Areas are provided with a higher level
of protection than other areas of the sea.
2.2 A Special Area may encompass the maritime
zones of several States, or even an entire enclosed or semi-enclosed
sea area. Special Area designation should be made on the basis of
the criteria and characteristics listed in paragraphs 2.3 to 2.6 to
avoid the proliferation of such areas.
Criteria for the designation of a Special Area
2.3 The criteria that must be satisfied for an
area to be given Special Area status are grouped into the following
categories:
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.1 oceanographic conditions;
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.2 ecological conditions; and
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.3 vessel traffic characteristics.
Generally, information on each category should be provided
in a proposal for designation. Additional information that does not
fall within these categories may also be considered.
2.4 The area possesses oceanographic conditions
which may cause the concentration or retention of harmful substances
in the waters or sediments of the area, including:
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.1 particular circulation patterns (e.g. convergence
zones and gyres) or temperature and salinity stratification;
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.2 long residence time caused by low flushing
rates;
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.3 extreme ice state; and
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.4 adverse wind conditions.
2.5 The area possesses ecological conditions indicating
that protection of the area from harmful substances is needed to preserve:
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.1 depleted, threatened or endangered marine species;
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.2 areas of high natural productivity (such as
fronts, upwelling areas, gyres);
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.3 spawning, breeding and nursery areas for important
marine species and areas representing migratory routes for seabirds
and marine mammals;
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.4 rare or fragile ecosystems such as coral reefs,
mangroves, seagrass beds and wetlands; and
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.5 critical habitats for marine resources including
fish stocks and/or areas of critical importance for the support of
large marine ecosystems.
Vessel traffic characteristics
2.6 The sea area is used by ships to an extent
that the discharge of harmful substances by ships when operating in
accordance with the requirements of MARPOL for areas other than Special
Areas would be unacceptable in the light of the existing oceanographic
and ecological conditions in the area.
2.7 The requirements of a Special Area designation
can only become effective when adequate reception facilities are provided
for ships, in accordance with the provisions of MARPOL.
2.8 The threat to amenities posed by the discharge
of harmful substances from ships operating in accordance with the MARPOL requirements for areas other than Special
Areas may strengthen the argument for designating an area as a Special
Area.
2.9 The extent to which the condition of a sea
area is influenced by other sources of pollution such as pollution
from land-based sources, dumping of wastes and dredged materials,
as well as atmospheric deposition should be taken into account. Proposals
would be strengthened if measures are being, or will be, taken to
prevent, reduce and control pollution of the marine environment by
these sources of pollution.
2.10 Consideration should be given to the extent
to which a management regime is used in managing the area. Proposals
for designation of a Special Area would be strengthened if measures
are being taken to manage the area's resources.