http://www.maritime-executive.com/article/Marine-Geoengineering-to-be-Regulated-Under-Amendments-to-International-Treaty-2013-10-18/

Marine Geoengineering 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)

BY MAREX

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 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.”

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