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Investigating Shipping Pollution Violations

This module outlines the steps to create a National Strategic Framework to address marine pollution violations. Learn about setting objectives, designating lead agencies, and implementing action plans effectively. The guide covers key principles, legal frameworks, and institutional structures for a comprehensive strategy.

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Investigating Shipping Pollution Violations

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  1. Investigating Shipping Pollution Violations Module 18 Developing a National Strategic Framework

  2. MODULE 8: Objectives • Outline the need for a National Strategy • Describe components of a national framework • Outline steps in the process • Designation & responsibilities of Lead Agency • Purpose & responsibilities of a Task Force • Key principles & design of National Strategy • Format of National Strategy • Putting the Strategy into Action

  3. Module structure • Legal, Policy & Institutional Frameworks • Development of National Strategic Framework on Marine Spills and BWM • The Lead Agency • The Task Force • The National Strategy on Marine Pollution (includes Marine Spills/BWM) • The Action Plan

  4. A National Strategic Framework (NATPLAN)

  5. NATIONAL STRATEGIC FRAMEWORK

  6. Components of NSF

  7. Steps in development of N S F • STEP 1 • Political decision • ↓ • STEP 2 • Gather information & develop national policy, strategy & action plan • ↓ • STEP 3 • Draft, enact & implement legislation & effect institutional reform • ↓ • STEP 4 • Implement strategy and action plan • ↓ • STEP 5 • Monitor and evaluate system.

  8. Institutional Structures

  9. The Lead Agency Criteria for designation of the Lead Agency: • The constitutional structure of the country • The current configuration of government agencies • The legal/regulatory characterization?? • The capacity and resources of relevant agencies

  10. Constitutional Structures

  11. Agency Configurations

  12. Responsibilities of the Lead Agency Implementation and ongoing management of the National Strategy • Integration with other relevant national policies • Implementation of arrangements for visiting ships • Ensuring key stakeholders fully conversant • Monitoring and reviewing implementation • Ensuring effective enforcement • Administration of international instruments • Incorporation of improved measures/best practice • Ongoing liaison and cooperation with stakeholders • Participation in international, regional and national matters

  13. The Task Force Advantages of this approach • BWM a new field of responsibility • May involve organsiations with competing interests • Requires involvement of central government & field-level agencies • Ensures involvement of key stakeholders (govnt & NGO) • Ensures stakeholders understand their roles and repsonsibilties • Creates a sense of ownership & commitment to implementation of the National Strategy

  14. The Task Force Composition • Lead Agency on Marine Pollution (maybe marine spills) • Lead Agency on Invasive Species (if it exists) • Lead Agency on BW (if different from above) • Secretariat • Ministries of Environment, Fisheries, Health • National Maritime Administration • Port Authorities • Oil Companies • Quarantine/customs/border control • Academic community • Shipping industry & other port users • NGO’s

  15. Responsibilities of the Task Force Provision of advice/information pertinent to the development of National Strategy • Review of existing national legal provisions • Assess international & Regional obligations (MARPOL, LC/LP, BW Convention, CBD, Noumea etc) • Review existing operational arrangements for visiting ships • Analyse shipping patterns and port use • Review status of existing marine and coastal invasive species • Prepare recommendations on policy, strategy, operational arrangements, Lead Agency, legislation etc. • Ensure consistency with international obligations

  16. Developing a National Strategy: Key Issues • the magnitude of the threat • international and regional obligations • the preferred technical options • the recommended Lead Agency • other implementing agencies and organizations • a compliance monitoring and enforcement system • legislative requirements • an implementation plan • costing and funding

  17. Key Elements • Assessment of the scope/implications • Examination of obligations • Appropriate Lead Agency • Comprehensive regime to combat shipping pollution • Compliance monitoring and enforcement regime • Legislation • Implementation components • Review/evaluation mechanism

  18. Key Principles • Consistent with international obligations & national policies • Inclusive development process • Systems approach to development • Must cover international and domestic shipping • Based on best practices – cost-effective & environmentally sound • Must accommodate requirements of stakeholders • Must consider national environment & shipping • Harmonise with regional agreements • Link to other relevant policies (coastal environmental, health)

  19. Operational Arrangements • Shipboard measures for vessels flying the flag • Reporting & inspections for visiting ships • National and Port Programmes (biological surveys, risk assessments, monitoring in ports etc) • Establishment of an information base • Education, awareness and training programmes • Integration with other relevant national activities • International links and cooperation

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