Author Archives: N.F. Coelho

The Argentine National Sanitary Authorities (SENASA) has introduced Resolution 693-E/2017, which entered into force on 1 November 2017. This Resolution outlines a control system for the approval of holds/tanks of vessels and barges destined to export grains, its products and by-products. Specific criteria for when to object to or reject holds or tanks, such as the presence of live insects, loose rust scale, excessive humidity, etc., are included. This Resolution shall be applicable to all river and maritime ports. It will initially be in operation for a trial period of 1 year. The Resolution is available here (in Spanish) or here (English translation).

The Federal Administrative Court in Leipzig dismissed on 28 November 2017 the actions brought by the towns of Cuxhaven and Otterndorf, as well as by Elbe and coastal fishermen, against the planning approval decisions for the fairway adaptation in the lower and outer Elbe. The court said that while assessing the appeals it decided to give priority to the public interest stemming from the deepened Elbe waterway. The project, aimed at adjusting the navigation channel on the lower and outer Elbe river, would enable the Port of Hamburg to accommodate mega ships. Around 130 kilometers of the river is to be dredged, enabling container ships with a 14.5 meter draft to reach the port. More information may be found here (in German).

The Norwegian Ministry of Climate and Environment has announced a future ban on sewage waste deposits from ships within 12 nautical miles from land along the Norwegian coast and around Svalbard. The Minister has said that the regulations for such deposits will be stricter and that they will apply to all kinds of vessels, regardless of their size and how many persons they are certified to take. This will translate into a change of the requirements for sewage discharges from ships to the north and west of Lindesnes by the end of 2018. More information may be found here (in English, only on measures to combat marine litter) and, with more detail, here (in Norwegian). The letter of the Minister may be found here (in Norwegian).

The US House of Representatives’ Homeland Security Committee has passed legislation aimed at addressing cybersecurity concerns at the country’s ports. The legislation’s main goals are to improve information sharing and collaboration in facing up to cybersecurity risks at ports in the US. The bill requires the Department of Homeland Security to facilitate increased information sharing about cybersecurity among maritime interests, namely to establish voluntary reporting guidelines for maritime-related cybersecurity risks and incidents. It also requires the Coast Guard to direct each Area Maritime Security Advisory Committee to facilitate the sharing of information about, and development of plans to address, port-specific cybersecurity vulnerabilities. More information is available here.

The new Queensland Government’s Sustainable Fisheries Strategy (2017-2027) will require licensed fishing charter operators to have vessel tracking by 2020, with a priority to install units on net, line and crab commercial fishing vessels by the end of 2018. As a consequence of this measure, commercial fishing vessels in that Australian state will have to be fitted with GPS tracking devices in order to monitor the sustainability of fish stocks. More information is available here.

The Council of the European Union has adopted conclusions on Paris Agreement and is preparing for the upcoming UNFCCC meetings. Among other statements, the EU is calling on the International Maritime Organization (IMO) to “further accelerate its efforts to reduce greenhouse gas emissions from the maritime sector and to adopt in April 2018 an ambitious initial IMO Strategy on reduction of greenhouse gas emissions from ships including further measures in line with the IMO roadmap and the long term temperature goals of the Paris Agreement”. The COP23 UN Climate conference takes place in Bonn, Germany, on 6-7 November 2017. It will be the moment to develop detailed guidelines for implementation. The EU Council document may be found here.

On August 11, 2017, Transport Canada took action to protect whales by implementing a temporary mandatory slow down of vessels 20 metres or more to a maximum of 10 knots. The speed restriction applies to vessels travelling in the western Gulf of St. Lawrence, between the Quebec north shore and just north of Prince Edward Island. The marine notice may be found here. In one case, Transport Canada has taken action by issuing a $6,000 penalty to the Seven Seas Navigator and to the Petalon for an alleged non-compliance with the temporary mandatory slow down. Information on these cases may be found here and here.

The United Kingdom’s Department of Transport has launched a cyber security code of practice for ships. This initiative provides information on implementing and maintaining good cyber security practices on maritime vessels. It links to a past initiative, the cyber security for ports and port systems code of practice, launched on August 2016. The guidance will be complementing the work being done by the IMO to raise awareness of cyber threats and vulnerabilities. More information on these initiatives is available here.

The Government of Canada, the Government of Nunavut and the Qikiqtani Inuit Association announced an agreement on the final boundary for a future national marine conservation area (NMCA) in Tallurutiup Imanga / Lancaster Sound. A section of this area twice the size of Nova Scotia will be protected, making it the largest marine conservation area in Canada. This conservation area will protect Inuit harvesting rights guaranteed under the Nunavut agreement and ensure the protection of species at risk. More information may be found here.

The Government of Canada has introduced the proposed Oil Tanker Moratorium Act in Parliament, respecting the regulation of vessels that transport crude oil or persistent oil to or from ports or marine installations located along British Columbia’s north coast. The proposed legislation aims to prohibit oil tankers carrying more than 12,500 metric tonnes of crude and persistent oils as cargo from stopping, loading or unloading at ports or marine installations in northern British Columbia. The Bill can be found here.

The Parliament of Australia has passed the Protection of the Sea (Prevention of Pollution from Ships) Amendment (Polar Code) Bill 2017. Its purpose is to amend the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 (POTS Act) to fulfil Australia’s international obligations under the International Code for Ships Operating in Polar Waters (Polar Code), which entered into force on 1 January 2017, and in particular to implement stricter requirements for discharging oil, noxious substances, sewage and garbage from ships in Antarctic and Arctic waters. More information about that Bill can be found here.