Category Archives: lawbreakers

How the Shipping Industry Gets its Way: pollution from ships

Do not give the regulated power over the regulators, unless you want consumers to lose out and producers to game the system. ..That lesson has been learned in many places around the world. National regulators are increasingly independent of the firms they regulate. But international ones still have further to go—and none further than the specialised agencies of the United Nations, such as the International Maritime Organisation (IMO) for shipping where the interests of the shipping industry are upheld d in several ways. The first is the distribution of voting rights between countries. At the IMO, for example, Panama and Liberia, with populations of just 4m and 4.8m respectively, can automatically get seats on its decision-making body as they have the world’s biggest merchant fleets.

The second is the assignment of those voting rights by individual countries. Remarkably, many governments have handed voting rights to private-sector firms… At the IMO least 17 countries have assigned their voting rights to flag registries operated by private firms, reckons Transparency International, an anti-corruption group; that adds up to about a tenth of delegates. At an IMO environmental-committee meeting in 2017, almost a third of countries were represented, at least in part, by business interests.

The third way in which producer interests are protected is through a spectacular lack of transparency. The agenda of the IMO’s council in November 2018 in London is available only to those with a password. Journalists are forbidden to report what delegates say or how they vote. There are no rules on the suitability or conflict of interests of delegates. In 2014 St Lucia appointed a Saudi billionaire without previous shipping experience as its IMO representative; a court in London judged in 2016 that the appointment was obtained in order to gain diplomatic immunity against divorce proceedings. There are no limits on the amount of gifts that can be showered on representatives. Goodies put on top of desks at an IMO assembly meeting last year were so heavy that they broke 137 sets of headphones underneath.

Such swampiness matters. The IMO is responsible for limiting emissions from ships, which were excluded from the Paris climate deal.   Some countries are interested in reform. At the imo council meeting this week Australia proposed allowing journalists to report on its meetings as a first step. The Marshall Islands has taken back some of its votes from the private firm that runs its flag registry. But more radical change is needed. Countries should send civil servants, not private actors, as their representatives. The un’s rules on conflicts of interest should be imposed. And voting rights should be allocated with the interests of consumers in mind. These lessons have been widely absorbed within borders. They ought to cross them, too

Excerpts from UN Regulatory Bodies: Agency Problems, Economist, Nov. 24, 2018, at 15

The 500 Cases of Marine Pollution

An international law enforcement operation against maritime pollution has revealed hundreds of violations and exposed serious cases of contamination worldwide.  Codenamed 30 Days at Sea, the month-long (1-31 October) operation saw some 276 law enforcement and environmental agencies across 58 countries detect more than 500 offences, including illegal discharges of oil and garbage from vessels, shipbreaking, breaches of ship emissions regulations, and pollution on rivers and land-based runoff to the sea.  More than 5200 inspections have resulted in at least 185 investigations, with arrests and prosecutions anticipated.

“Criminals believe marine pollution is a low-risk crime with no real victims.  This is a mistake and one which INTERPOL and our partners are addressing as demonstrated by this operation,” said INTERPOL Secretary General Jürgen Stock.  Cases of serious contamination included the dumping of animal farm waste in Philippine coastal waters where local communities collect shellfish and children play.  In Germany, a vessel discharged 600 litres of palm oil into the sea. Ghana uncovered gallons of waste oil in large bottles thought to be illegally dumped at sea.  Authorities prevented an environmental disaster in Albania by securing waters around a sinking vessel containing some 500 litres of oil. Similarly, the pollution threat resulting from the collision of two ships in French waters was contained thanks to preventive action during the operation.

Innovative technologies permitted authorities to detect offences, including the use of satellite images (in Argentina and Sweden), aerial surveillance (Canada and Italy), drones (Nigeria, Indonesia and Pakistan) and night vision cameras.

Excerpt from Marine pollution crime: first global multi-agency operation, Interpol Press Release, Nov. 13, 2018

 

Peruvian Amazon: Oil Pollution & Human Rights

On September 15, 2018 indigenous federations from the Amazonian Loreto region of northern Peru scored a small victory in the fight for community rights. Representatives from four federations signed an agreement with the Peruvian government and the state-owned enterprise PetroPerú that acknowledges prior consultation as part of the new contracting process for petroleum Block 192. Under the new agreement, Block 192 will undergo a community consultation process before PetroPerú awards a new contract for operating the oil field…

Under the formal resolution with Prime Minister César Villanueva, the Ministry of Energy and Mining, and PetroPerú, the government will complete the community consultation for Block 192 between December 2018 and March 2019.

Extending across the Tigre, Corrientes, Pastaza and Marañón river basins in Peru’s remote Loreto province, Block 192 is the largest-yielding oil field in Peru, accounting for 17 percent of the country’s production. The government plans to continue production of oil at the block for another 30 years, adding to the almost 50 years of oil activity in the region. The oil field is currently operated by Canadian-based Frontera Energy, whose contract with PetroPerú is set to expire in September 2019.

American-based Occidental Petroleum discovered oil in the region in 1972 and a succession of companies, including the Dutch-Argentinian conglomerate Pluspetrol, left Block 192 (previously Block 1-AB) heavily polluted. While Peru’s Agency for Environmental Assessment and Enforcement fined Pluspetrol for violations, the Peruvian government remains in a protracted legal fight with the oil giant. A majority of the fines are outstanding and Pluspetrol denies any wrongdoing, despite settling with a local community in 2015.

For over 40 years, the indigenous Kichwa, Quechua, Achuar, and Urarina peoples who live near the oil field have been exposed to salts, heavy metals and hydrocarbons. According to a 2018 toxicology study by Peru’s National Center for Occupational Health and Environmental Protection for Health, over half of the indigenous residents in the region’s four basins have blood lead levels that surpass international recommended limits. A third have levels of arsenic and mercury above the levels recommended by Peru’s Ministry of Health…

The actual cost of cleaning up Block 192, along with neighboring Block 8, would approach $1 billion. To make matters more challenging, the $15 million fund of Peruvian government is almost exhausted..”

Excepts from Andrew Bogrand, Righting the many wrongs at Peru’s polluted oil Block 192, Nov. 2, 2018

Stop it: Illegal, Unreported and Unregulated Fishing

Large ships are supposed, by international agreement, to be fitted with what is known as the Automatic Identification System (AIS), and to keep it on all the time. Arrangements for small ones vary from country to country, but most require some sort of beacon to be fitted to craft sailing in their waters.

The beacons’ main purpose is to avoid collisions. But monitoring them can also give away who is fishing nefariously, if you develop the software to sift through masses of location data looking for patterns. Beacon-watching has also helped identify hot spots for the transfer of catches at sea from IUU fishing boats to refrigerated cargo vessels, a practice which conceals the origin of a catch. Transshipment hotspots have been identified in this way off west Africa and Russia, and in the tropical Pacific. But beacons can be (and are) switched off.

Global Fishing Watch—a collaboration between Oceana, a conservation group, Google, a division of Alphabet, and Sky Truth, a charity that uses remote sensing to monitor environmental problems—has turned to America’s National Oceanic and Atmospheric Administration for help. NOAA has long collected satellite data on clouds. These are available to outsiders at no cost. The agency’s Visible Infrared Imaging Radiometer Suite consists of two sensors, each mounted on a different satellite. Between them, these sensors photograph the entire planet every 24 hours. Though their target is cloud cover, they can also see small, bright sources of light. Some of these give away the activities of fishermen. Many marine species are attracted to light, so it is common practice to shine floodlights into the water.

To find those illegals who do not so conveniently illuminate their activities Global Fishing Watch turns to satellite radar data. These are gathered mainly by private companies for sale to customers who want to do things like monitor the logging of forests. Global Fishing Watch, too, has to pay for them. Radar data have proved themselves useful, though. In 2016, for example, radar turned up a fleet of ships off the coast of Chile that had their AIS turned off…. The European Union’s Sentinel satellites now provide radar data free of charge. Global Fishing Watch is working on an automated vessel-detection system that uses these data.

Better detection would certainly help limit IUU fishing. The Port State Measures Agreement, introduced in 2016 and now ratified by 55 countries, is supposed to stop vessels engaged in such fishing from landing their catches. But ports can act against a vessel only if they know what it has been up to. The technology being developed by Global Fishing Watch makes it possible to report offenders quickly, thus giving port authorities time to act.

The future, moreover, looks brighter still—or dimmer, if you are an illicit fisherman. CubeSats, satellites the size of a loaf of bread, are lowering the cost of Earth observation.  making it feasible to track all boats continuously.

Excerpts from Netting the Crooks: Curbing Illegal Fishing, Economist,  Sept. 8, 2018

Running out of Beaches: sand miners and builders

For a place that depends on sun-and-sand-seeking tourists, Fort Lauderdale, Florida has a big problem: Its beaches are disappearing.  The Florida city has been fighting a defensive battle against nature for decades. The sand that lines its shores is constantly being swept out to sea by wind, waves and tides. In the natural course of things, that sand would be replenished by grains carried by the Atlantic’s southward-moving currents. That’s what used to happen. Today, however, so many marinas, jetties and breakwaters have been built along the Atlantic coast that the flow of incoming sand has been blocked. The natural erosion continues, but the natural replenishment does not.

For many years, Broward County, in which Fort Lauderdale sits, solved its vanishing-beach problem by replacing the sand with grains dredged up from the nearby ocean floor. Nearly 12 million cubic yards of underwater grains have been stripped off the sea bottom and thrown onto the county’s shores. But by now, virtually all of the accessible undersea sand has been used up.  The same goes for Miami Beach, Palm Beach and many other beach-dependent Florida towns. In fact, according to the state’s Department of Environmental Protection, nearly half of the state’s beaches have suffered “critical erosion.” Florida isn’t an anomaly. Beaches are disappearing all across America and around the world, from South Africa to Japan to Western Europe. A 2017 study by the U.S. Geological Survey warned that unless something is done, as much as two-thirds of Southern California’s beaches may be completely eroded by 2100…

Massive coastal development blocks the flow of ocean-borne sand. In many countries, including the U.S., river dams also cut off sand that used to feed beaches. The widespread practice of dredging up river sand to use for making concrete makes the problem worse. Researchers at the South African Institute of International Affairs believe that sand mining has slashed by one-third the flow of river sand that feeds the beaches of Durban, South Africa; and in the San Francisco Bay, environmentalists warn that massive sand dredging may be starving nearby beaches.

In some places, outlaw sand miners are hauling away the beach itself. In Morocco, Algeria, Russian-occupied Crimea and elsewhere, illegal miners have stripped entire beaches for construction sand, leaving behind rocky moonscapes. Smugglers in Malaysia, Indonesia and Cambodia load beach sand onto small barges in the night to sell in Singapore.

Having thwarted the natural processes that used to feed beaches, people are now replacing them with artificial ones. The easiest and cheapest method is to suck up grains from offshore and blast them onto the beach through massive pipes. But having run out of offshore sand, many towns in southern Florida are left with no choice but to dig their sand from inland quarries and haul it to the coast one roaring, diesel-spewing truck at a time. Tourists and locals hate the noise and traffic, and county officials hate the extra cost, which can be easily double that of dredged sand. Desperate officials are even talking about importing sand from the Bahamas.

The costs add up fast. The price of renourishing a beach can reach $10 million per mile. Broward County alone has spent more than $100 million replenishing its beaches in a multiyear project launched in 2015. More than a few places, such as Atlantic City, have already racked up tabs of well over $100 million by themselves. All told, nearly $9 billion has been spent in the U.S. in recent decades on artificially rebuilding hundreds of miles of beach, according to researchers at Western Carolina University. Florida accounted for about a quarter of the total. Almost all of the costs are covered by taxpayers.

Dredging up ocean sand clouds the water with stirred-up grains and muck. Suspended in the water, those particles can block life-giving sunlight from reaching coral reefs. And when the grains settle, they can suffocate the reefs and whatever creatures are living on them.  Moreover, beach sands are themselves home to a multitude of creatures. Besides the obvious ones—clams, crabs, birds, plants—they shelter all kinds of nematodes, flatworms, bacteria and other organisms so small that they live on the surface of individual sand grains. Despite their tiny size, these creatures play an important role in the ecosystem, breaking down organic matter and providing food for other creatures. Dumping thousands of tons of imported sand on top of these organisms can obliterate whole colonies of them.

Beaches are bulwarks that can protect lives and property from storms and rising seas in our climatically imperiled world….The U.S.’s densely populated eastern seaboard is already getting a taste of what that means. When Hurricane Sandy hit in 2012, it killed 159 people and damaged or destroyed at least 650,000 homes. The storm struckhardest in areas where beaches had eroded, leaving little or no buffer between cities and the raging wind and waves. On the other hand, according to the U.S. Army Corps of Engineers, renourished beaches in New York and New Jersey prevented an estimated $1.3 billion in damages that Sandy otherwise would have inflicted.

Excerpts from Vince Beiser, The Battle for our Beaches, Wall Street Journal, July 19, 2018

See also The World in a Grain

The Game-Changers: oil, gas and geothermal

The Democratic Republic of the Congo (DRC) has decided to degazette parts of two UNESCO World Heritage Sites to allow for oil drilling. Environmentalists have reacted sharply to the decision to open up Virunga and Salonga national parks – a move that is likely to jeopardise a regional treaty on the protection of Africa’s most biodiverse wildlife habitat and the endangered mountain gorilla…The two national parks are home to mountain gorillas, bonobos and other rare species. Salonga covers 33 350 km2 (3,350,000 ha)of the Congo Basin, the world’s second largest rainforest, and contains bonobos, forest elephants, dwarf chimpanzees and Congo peacocks….

On 7 April, 2018, a council of ministers from the DRC, Rwanda and Uganda agreed to ratify the Treaty on the Greater Virunga Transboundary Collaboration (GVTC) on Wildlife Conservation and Tourism Development. The inaugural ministerial meeting set the deadline for September 2018 to finalise the national processes needed to ratify the treaty.

The Virunga National Park (790,000 ha, 7 900 km2)is part of the 13 800 km2 (1 3800 00 ha) Greater Virunga Landscape, which straddles the eastern DRC, north-western Rwanda and south-western Uganda.  The area boasts three UNESCO World Heritage Sites – Virunga, Rwenzori Mountains National Park and Bwindi Impenetrable National Park. It also boasts a Ramsar Site (Lake George and Lake Edward) and a Man and Biosphere Reserve (in Queen Elizabeth National Park). It is the most species-rich landscape in the Albertine Rift – home to more vertebrate species and more endemic and endangered species than any other region in Africa.

According to the Greater Virunga Landscape 2016 annual report, the number of elephant carcasses recorded in 2016 was half the yearly average for the preceding five years. The report also mentions a high rate of prosecution and seizures. It cites a case study on Uganda’s Queen Elizabeth National Park where 282 suspects involved in poaching were prosecuted, with over 230 sentenced….The GVTC has also helped to ease tensions between the countries by providing a platform where their military forces can collaborate in a transparent way. ..

Armed groups have reportedly killed more than 130 rangers in the park since 1996. Militias often kill animals such as elephants, hippos and buffaloes in the park for both meat and ivory. Wildlife products are then trafficked from the DRC through Uganda or Rwanda. The profits fund the armed groups’ operations.

Over 80% of the Greater Virunga Landscape is covered by oil concessions and this makes it a target for state resource exploitation purely for economic gain.


2015: Until recently, in GVL, extraction of highly valued minerals such as gold and coltan, were largely artisanal. The recent discovery of oil, gas and geothermal potential, however, is a game-changer. Countries are now moving ahead in the exploration and production of oil and gas, which if not properly managed, is likely to result in major negative environmental (and social) changes. Extractive industries are managed under each GVL partner state policy guidelines and legislation. Concessions for these industries cover the whole of the GVL, including the World Heritage Sites as well as national protected areas . Since 2006, Uganda discovered commercial quantities of oil in the Albertine Graben and production in Murchison will begin within the next few years. The effect of the extractive industries, similar to and contributing to that of the increase in urbanization is the increased demand for bush meat, timber and fuel wood from the GVL.

Excertps from Duncan E Omondi Gumba, DRC prioritises oil over conservation, ISS Africa,  July 11, 2018//GREATER VIRUNGA LANDSCAPE
ANNUAL CONSERVATION STATUS REPORT 2015

 

An Unforgettable Type of Pollution

May 2018: The environmental damage around the site of two Royal Dutch Shell oil spills in Nigeria a decade ago has worsened significantly after years of delay to cleanup efforts, according to a report that the oil giant has been accused of trying to shield from public view.  The spills from a ruptured Shell pipeline spewed thousands of barrels of oil over parts of the Bodo fishing community in the crude-rich Niger Delta. Although the company in 2015 reached an out-of-court settlement with the local community, admitting to liability and agreeing to pay £55 million, or around $80 million at the time, in compensation, controversy around the case has remained.

A United Nations body, in a 2011 report, found extensive environmental damage around Bodo. Four years later, an assessment to prepare the cleanup found soil contamination had worsened while cleanup efforts languished and illegal refining and oil theft added to pollution in the area, according to an academic paper published last month. That has left the community facing potentially toxic pollution and “catastrophic” damage to the environment, the paper said.  The 2015 analysis was commissioned by the Bodo Mediation Initiative, a consortium established to oversee the cleanup in the area. Shell is a member of the group along with local stakeholders.

At least one of the authors urged the findings to be widely distributed because they pointed to significant health risks to the local community. Kay Holtzmann, the cleanup project’s former director, said in a letter reviewed by the Journal that Shell had denied him permission to publish the study’s results in a scientific journal.

But the academic paper* said the site survey contained new facts. The average surface soil contamination in Bodo had tripled since the original U.N. probe,the paper said. Out of 32 samples taken from the top two inches of soil in the area around Bodo, only one was within Nigeria’s legally acceptable limit for oil contamination, the paper added.

Excerpts from Pollution Worsens Around Shell Oil Spills in Nigeria, Wall Street Journal, May 26, 2018.

*Sediment Hydrocarbons in Former Mangrove Areas, Southern Ogoniland, Eastern Niger Delta, Nigeria, Apr. 2018