Keith Manch Director of Maritime New Zealand Applying effective safety and environmental protection standards of the Polar Code to fishing vessels (and other non-SOLAS ships) Keith Manch Director of Maritime New Zealand

The Polar Code mandatory safety standards mandatory environmental protection standards mandatory crewing requirements The International Code for Ships Operating in Polar Waters (Polar Code) provides safety measures and environmental protection for some ships operating in Arctic and Antarctic waters. It entered into force in 2017. It was a historic milestone in the Organization’s work to protect ships and people aboard them, both seafarers and passengers, in the harsh environment of the waters surrounding the two poles. It covers a range of shipping-related matters relevant to navigation in the unique environment and eco-systems of the polar regions. The Polar Code sets out: Mandatory safety standards for construction, equipment and operation of ships operating in polar waters that are regulated under the SOLAS Convention. Mandatory environmental protection standards for ships operating in polar waters that are regulated under the MARPOL Convention. Mandatory requirements for crewing in the form of training and qualifications for Masters and watchkeepers on ships operating in polar waters under the International Convention on Standards of Training, Certification and watchkeeping (STCW)

Non-SOLAS ships? Safety measures in the Polar Code do not currently apply to fishing vessels and other ships that are not regulated under the SOLAS Convention. We believe that if all vessels operating in polar waters were required to meet the safety measures applying to navigation and voyage planning set out in the Polar Code, the risks to seafarers’ lives would be significantly reduced. The safety of human life at sea is the highest priority of the IMO, and its Member States. Like other Member States with responsibilities for search and rescue operations in polar waters, we are also concerned about the risks to those coming to the rescue of ships and seafarers that are not adequately prepared for operations in the conditions of the polar regions. Ensuring that all ships are accorded higher levels of protection under the Polar Code would reduce the requirement for search and rescue operations. Extending the application of the Polar Code would also help protect the Southern Ocean and Antarctica from pollution caused by incidents involving non-SOLAS ships. Such incidents can have significant environmental repercussions. Potential economic costs in the form of loss of fishing vessel assets and commercial catch, and costs arising from disruption to tourism schedules or scientific research programmes also arise from such incidents.

Voluntary safety guidelines for fishing vessels and pleasure yachts Feb 2019 SDC 6 Considered draft guidelines Feb 2020 Inter-sessional Correspondence Group develops texts An IMO correspondence group co-ordinated by NZ is developing voluntary safety guidelines for fishing vessels and pleasure yachts greater than 300GT. These guidelines will be considered at the 7th session of the sub-committee on ship design and construction in February 2020. SDC 7 considers CG’s report Recommendation to approve guidelines May 2020 MSC 102 Guidelines approved

Resolution encouraging voluntary implementation of Polar Code on non-SOLAS ships Dec 19 IMO Assembly adopted June 19 MSC 101 New Zealand and other IMO partners co-sponsored three Polar Code papers at the 101st session of the Maritime Safety Committee (MSC 101) in June. A draft Assembly resolution has been referred to the IMO Assembly for adoption. Its purpose is to encourage the voluntary application of the Polar Code to non-SOLAS ships. The adoption of the Assembly resolution will keep the issue on Administrations’ radars while our efforts to develop voluntary safety guidelines for fishing vessels and pleasure yachts, and to extend mandatory safety standards to non-SOLAS ships, are progressed in slower time. We expect the resolution will be adopted in December 2019.

Mandatory requirements for safety of navigation and voyage planning Jan 21 NCSR 8 Working Group Jan 22 NCSR 9 Final work June 19 MSC 101 Jan 20 NCSR 7 Discussion Two papers argue the case for extending the polar code provisions covering safety of navigation and voyage planning, have been referred to the 7th session of the Navigation, Communication, Search and Rescue Sub-Committee (NSCR 7) for discussion on their technical feasibility. Intercessional work is likely to be undertaken between NCSR 7, 8, and 9. SOLAS amendments only happen every four years so January 2024 is the earliest we can expect an amendment to give effect to give effect to our proposals to make chapters 9 and 11 of the Polar Code mandatory on non-SOLAS ships. In reality it might take several more years to get to this stage. F&C papers Inter-sessional work Inter-sessional work Recommendation Jun 22 MSC 105 Approve amendment 1 Jan 2024 Entry into force of SOLAS amendment making Polar Code Chapter 9 and 11 mandatory on non-SOLAS vessels Nov 22 MSC 106 Adopt amendment

Towards better regulation of fishing operations Polar Code Torremolinos Declaration Cape Town Agreement FAO Agreement on Port State Measures STCW-F Commission for the Conservation of Antarctic Marine Living Resources Safer international fishing operations The way ahead New Zealand has ratified the FAO’s Agreement on Port State Measures to Prevent, Deter and Eliminate IUU Fishing. This agreement allows countries to conduct regular inspections of foreign vessels, and to deny vessels involved in IUU fishing use of ports and access to specific services. We are also working to implement the International Convention on Standards of Training, Certification and Watch-keeping for Fishing Vessel Personnel (STCW-F), which will improve the regulatory framework for the safety of fishing vessel personnel and fishing vessels. We are proud to have led the development of the Ross Sea region Marine Protected Area alongside the United States. The Marine Protected Area was agreed by consensus by the Commission for the Conservation of Antarctic Marine Living Resources in October 2016 and covers 1.55 million square kilometres. Yesterday’s signing of the Torremolinos Declaration was a significant milestone, indicating political will to accede to the Cape Town Agreement and bring it into force. Accession to the Cape Town Agreement will allow for the enforcement of international vessel safety standards, thereby helping to ensure safer international fishing operations. Maritime New Zealand is currently working to align domestic legislation with internationally agreed minimum standards and ensure domestic vessels are compliant with these standards. Towards better regulation of fishing operations www.maritimenz.govt.nz

All this is welcome towards better regulation of fishing operations everywhere including in polar waters.

Questions? www.maritimenz.govt.nz