Marine geoengineering including ocean fertilization to be regulated under amendments to international treaty

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Andrew Lockley

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Oct 4, 2018, 2:29:10 PM10/4/18
to geoengineering, Carbon Dioxide Removal
Poster's note: it would be great to get some clarity on whether this applies to a) EW in littoral waters b) direct alkalinity addition c) MCB 


http://www.imo.org/en/MediaCentre/PressBriefings/Pages/45-marine-geoengieneering.aspx#.W7ZbQMvTUwA

Marine geoengineering including ocean fertilization to be regulated under amendments to international treaty

35th Consultative Meeting of Contracting Parties to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972 (London Convention) 8th meeting of Contracting Parties to the 1996 Protocol thereto (London Protocol)

Briefing: 45, October 18, 2013

Marine geoengineering, including ocean fertilization, will be regulated under amendments to the 1996 Protocol to the international treaty which regulates the dumping of wastes and other matter at sea.
 
The amendments, adopted on Friday (18 October)  by Parties to the 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972, add a new article 6bis which states that “Contracting Parties shall not allow the placement of matter into the sea from vessels, aircraft, platforms or other man-made structures at sea for marine geoengineering activities listed in Annex 4, unless the listing provides that the activity or the sub-category of an activity may be authorized under a permit”.
 
Marine geoengineering is defined as “a deliberate intervention in the marine environment to manipulate natural processes, including to counteract anthropogenic climate change and/or its impacts, and that has the potential to result in deleterious effects, especially where those effects may be widespread, long-lasting or severe”.
 
A new Annex 4 on “Marine geoengineering” lists “Ocean fertilization”, defined as “any activity undertaken by humans with the principal intention of stimulating primary productivity in the oceans.  Ocean fertilization does not include conventional aquaculture, or mariculture, or the creation of artificial reefs.”
 
The Annex provides that all ocean fertilization activities other than those referred to above shall not be permitted.
An ocean fertilization activity may only be considered for a permit if it is assessed as constituting legitimate scientific research taking into account any specific placement assessment framework.
 
A new annex V adds the Assessment Framework for matter that may be considered for placement under Annex 4. The Assessment framework provides that Contracting Parties should consider any advice on proposals for activities listed from independent international experts or an independent international advisory group of experts.
 
The amendments will enter into force 60 days after two thirds of the Contracting Parties have deposited an instrument of acceptance of the amendment with IMO. (The London Protocol currently has 43 Parties.)
Mr. Stefan Micallef, Director, Marine Environment Division, International Maritime Organization (IMO) commended the adoption of the amendment to regulate the placement of matter for ocean fertilization and other marine geoengineering activities. 
 
“This is a true testament to the fact that the London Protocol continues to be among the most advanced international regulatory instruments addressing human activities in the marine environment and there is no doubt that this much-awaited amendment will be appreciated by other international bodies. The amendment also reflects the scientific-based approach of the London Convention and its 1996 Protocol,” Mr. Micallef said. 
 
Representatives of the Contracting Parties to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972 (London Convention) and to the 1996 Protocol thereto (London Protocol), were in London for their 35th/8th meeting, held from 14 to 18 October at the Headquarters of IMO, which hosts the Office for the London Convention and Protocol.
 
 
The London Protocol prohibits the dumping of wastes and other matter at sea except for those on a short permitted list, for which permits must be sought.
 
The adoption of amendments relating to marine geoengineering follows discussion on the matter in previous LC/LP meetings. An agreement issued in 2008 stated that ocean fertilization activities, other than legitimate scientific research, should not be allowed. In 2010, the Parties approved an “Assessment Framework for Scientific Research Involving Ocean Fertilization.”  

 

Link to London Convention and Protocol website

___

IMO – the International Maritime Organization – is the United Nations specialized agency with responsibility for the safety and security of shipping and the prevention of marine pollution by ships.

Web site: www.imo.org

Chris Vivian

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Oct 5, 2018, 4:25:42 AM10/5/18
to Andrew Lockley, geoengineering, Carbon Dioxide Removal

Andrew,

 

This press release is 5 years old!

 

The amendments to the London Protocol (LP) as they stand only currently include ocean fertilisation in Annex 4. They ban any ocean fertilisation activities other that ocean fertilisation research that has been successfully assessed through the Ocean Fertilisation Assessment Framework. These amendments will only enter force when 2/3rds of the parties to the LP have ratified the amendments because some of the amendments change the body of the treaty. As there are currently 51 parties to the LP and only 3 have ratified the amendments so far, it will be some time before the amendments come into force.

 

However, the amendments include a mechanism to easily add additional types of marine geoengineering to Annex 4 when the Parties to the LP wish to do so. As such amendments would only change an annex to the LP, they would come in force 100 days after being adopted by the Parties to the LP.

 

Note that the London Protocol has global coverage up to the baselines from which territorial and EEZ waters are measured e.g. the low water mark on a straight coast. Parties are also required to apply the provisions of the LP in internal waters i.e. behind the baselines (e.g. bays and estuaries) or to adopt similar effective measures.

 

Note also that the definition of marine geoengineering is not limited to activities related to climate mitigation so as to be able to potentially control other activities, e.g. fertilisation for fisheries enhancement, that could have widespread, long-lasting or severe effects:

 

"Marine geoengineering" means a deliberate intervention in the marine environment to manipulate natural processes, including to counteract anthropogenic climate change and/or its impacts, and that has the potential to result in deleterious effects, especially where those effects may be widespread, long lasting or severe."

 

See the attached IMO circular for full details of the amendments to the LP.

 

Best wishes

 

Chris.

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IMO 2013 LC-LP.1-Circ.61 - Notification of amendments to the LP 1996.pdf

Andrew Lockley

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Oct 5, 2018, 4:31:22 AM10/5/18
to chris.vivian2, geoengineering, Carbon Dioxide Removal
Oops, I only looked at the month not the year when it landed on my desk! 
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