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Firth of Forth ship-to-ship oil transfers
The important seabird colony at Bass Rock, home to thousands of gannets, is under threat
21 May 2008: update
The UK Government has published draft ship-to-ship regulations. They are open for consultation and available to view at the MCA website via the link on this page.
RSPB Scotland warmly welcomes the publication of draft regulations as promised, and will be responding to the consultation. We are pleased that at first glance the draft regulations seem to encompass the environmental safeguards we were looking for, including applying the European Birds and Habitats Directive to ship-to-ship oil cargo transfers.
The continued absence of a clear legal framework has been unhelpful to all parties, the introduction of clear ship-to-ship regulations will ensure a comprehensive and workable regime and a level playing field for all interests in oil handling operations in UK waters, and will serve to protect the UK’s coasts and marine wildlife. The Firth of Forth and the Forth Islands (including the Bass Rock and the Isle of May) are 'Special Protection Areas' (SPAs) classified under the European Birds Directive. They support around 90,000 wintering waterbirds such as red-throated divers and velvet scoters, and 90,000 breeding seabirds such as gannets and puffins. Oil spill riskIn 2005, Melbourne Marine Shipping (now SPT Marine Services Ltd) applied to Forth Ports plc (the harbour authority for the Firth of Forth) for permission to carry out commercial ship-to-ship oil transfers (STS) at an anchorage off Methil in Fife. This would create a new focus for oil activity affecting areas currently at low risk, including important concentrations of the birds which are features of the SPAs.
The proposal requires no infrastructure – but the volumes of oil potentially handled at this 'virtual' oil facility are enormous. Oil spills kill birds – so the consequences for waterfowl and seabirds of a large spill in the Firth of Forth could be calamitous. Any spill would also have serious social and economic consequences for communities along the shores of the Forth.
Since 2005, STS proposals in the Firth of Forth have received widespread media attention, and due process has seen approval of Oil Spill Contingency Plans in relation to the proposed operations.
RSPB Scotland was concerned however that STS did not fall within the competency of the Habitats Regulations, as they had been applied in the UK, including Scotland. Given the sensitivity of the Firth of Forth SPA, we campaigned for amendments to be made to the Habitats Regulations so that it was clear that the requirements of the Regulations applied to ship-to-ship oil transfers.
In June 2007, the Scottish Parliament amended the Habitats Regulations withal party support, and gave Scottish Ministers powers to vett competent authorities' compliance with the Habitats Directive in a range of plans and projects including STS.
These amendments apply only in Scotland, and cannot address ship-to-ship transfers outwith the control of harbour authorities or where sites designated under the Birds and Habitats Directives are not involved (there are many environmentally sensitive areas or areas of great tourism importance that are not so designated – or are not yet so designated).
The missing link in the legislative framework is a clear set of UK-wide regulations controlling STS in all UK waters. This is a matter wholly reserved to Westminster, and could regulate for all aspects of STS rather than just the wildlife sites dimension.
To address these wider implications, RSPB Scotland has long supported the introduction, by the UK Government, of regulations under the Merchant Shipping Act 1995 to control ship-to-ship transfers.
We were delighted therefore, to support Mark Lazarowicz MP’s Private Members Bill which sought to set a deadline for the UK Government to introduce ship-to-ship regulations.
Mr Lazarowicz withdrew his Bill when it became clear that the Government did intend to regulate, and within the time frame he had proposed. RSPB Scotland welcomed the Government’s commitment to introduce regulations, and looked forward to responding to the consultation.
In the meantime, Forth Ports announced they do not plan to proceed with ship-to-ship oil transfers in the Firth of Forth. This is the right decision for both the environment and the communities of the Firth of Forth. What You Can DoYou can respond to the MCA consultation, supporting the introduction of ship-to-ship regulations that deliver robust protection of the environment.
Additionally, you can contact your MP, welcoming the draft regulations and urging them to support the adoption of ship-to-ship regulations that ensure oil cargo transfer operations are properly assessed in order to give the UK’s coasts and marine wildlife full protection. You can find your MP through the link on this page. Last modified: 22 May 2008
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