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・ the prevailing oceanographic and meteorological conditions;

 

・ any evidence that these activities are causing damage and whether damage is of a recurring or cumulative nature;

 

・ any history of groundings, collisions, or spills in the area and any consequences of such incidents; and

 

・ any foreseeable circumstances or scenarios under which significant damage could occur.

 

(b) Potential harm: After identification of the activities and the risk of damage, the application should state the harm that may be expected to result from such activities. The application should explain the effects of the damage on the environmental characteristics of the proposed area and indicate any potential economic harm that may result from such damage.

 

3.2.3 Part II. Appropriate Associated Protective Measures and IMO's Competence to Adopt Such Measures.

 

.1 The application should propose the Associated Protective Measures which are available through IMO and show how they provide the needed protection from the threats of damage posed by international maritime activities occurring in and around the area.

 

(a) The application should identify the proposed measures which may include (i) any measure that is already available in an existing instrument; or (ii) any measure that does not yet exist but that should be available as a generally applicable measure and that falls within the competence of IMO; or (iii) any measure proposed for adoption in the territorial sea or pursuant to Article 211(6) of the United Nations Convention on the Law of the Sea that is specifically tailored to particular, localized circumstances of the area proposed to be identified as a PSSA where existing measures or a generally applicable measure (as described in subparagraph (ii) above) would not adequately address the particularised need of the area at risk. For non-parties to the United Nations Convention on the Law of the Sea, such measures may still be adopted pursuant to customary international law.

 

(b) These measures may include ships' routeing measures; discharge restrictions; operational criteria; and prohibited activities, and should be specifically tailored to meet the need of the area at risk.

 

.2 The application should clearly specify the category or categories of ships to which the proposed Associated Protective Measures would apply, consistent with the provisions of the United Nations Convention on the Law of the Sea--including those related to vessels entitled to sovereign immunity--and other pertinent instruments.

 

.3 The application should include the steps that the Proposing Member Government has taken or will take to pursue the adoption of a generally applicable measure or the recognition of the proposed measure by IMO.

 

.4 The application should indicate the possible impact of any proposed measures on the safety and efficiency of navigation, taking into account the area of the ocean in which the proposed measures are to be implemented. The application should set forth such information as:

 

 

 

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