Recognising that ship strikes against marine wildlife, for example cetaceans, are a major factor contributing to species endangerment and extinction, as well as unnecessary harm to intelligent, self-aware beings;
Believing, however, that combined regulation, enacted by the World Assembly and appropriately enforced by its member nations, would be greatly beneficial in minimising this danger; and thus
Seeking to create such regulation;
The World Assembly enacts as follows.
- Definitions:The following provisions are to be applied for the interpretation of this resolution:
- "Vessel" means watercraft operated by a state or otherwise for commercial or private purposes, regardless of what jurisdiction the vessel is currently under. "Member nation vessel" refers only to vessels (i) under direct member nation jurisdiction, (ii) operated by a member nation, or (iii) operated by an entity under member nation jurisdiction.
- "Marine wildlife" refers only to animals, present in a body of water, of such size or form as to be likely to suffer death or severe injury upon collision with a vessel, where such collisions are likely to cause significant ecological harm.
- Restrictions: The WA Endangered Species Committee (hereinafter WAESC) may impose restrictions (hereinafter "Section 2 restrictions") on the travel of member nation vessels through an area of waters, if it determines that vessels in that area are likely to cause disproportionate ecological harm via collision with marine wildlife, and a practical alternative exists for vessels to avoid the said area or otherwise comply with the restrictions.
- Such restrictions shall have the ultimate goal of preventing collisions between vessels and marine wildlife. Section 2 restrictions may include, but are not necessarily limited to, speed limits, prohibition of certain kinds or designs of vessels, or the outright prohibition of vessels from the relevant area.
- Should potential restrictions include an area under the direct jurisdiction of a member nation, the WAESC shall coordinate with that member nation in determining the restrictions to faciliate enforcement and address any cultural or legal concerns around the said restrictions.
- Enforcement: No member nation may operate any vessels in a manner which violates a Section 2 restriction, except to the extent that such operation is an absolute necessity for humanitarian, military, environmental or policing purposes.
- A member nation must penalise any entity under its jurisdiction operating vessels which violate a Section 2 restriction. Such penalties must be sufficient to reasonably deter entities in that member nation from violating Section 2 restrictions. This provision does not apply to vessels operating purely for humanitarian or environmental purposes, inasmuch as the relevant violation is an absolute necessity for the said purposes.
- The WAESC may designate recommended alternative routes or designs for vessels in order to ensure compliance with Section 2 restrictions; recommendations under this sentence need not be enforced under the above provisions.
- Non-member nations are strongly urged to enforce Section 2 restrictions on their own vessels and vessels operated by entities under their jurisdiction, as they apply to member nation vessels.
- Reporting: Should a vessel engage in a collision with endangered marine wildlife, the entity which operates that vessel, if that entity is under World Assembly jurisdiction and has access to sufficient information to reasonably be aware of the said collision, must promptly submit a report to the WAESC, specifying the nature of the collision, the location in which it occurred, and any other information deemed relevant by the WAESC. The WAESC may, at its discretion, accept reports submitted by non-member nations or any other entity not required to submit a report under this section.
- Interpretation: Absent clarification otherwise, terms in the singular include the plural thereof and vice versa. Should a provision of this resolution contradict a past World Assembly resolution still in force, that previous resolution takes precedence. Vessels operated directly by the World Assembly or a committee thereof are to comply with this resolution as if they were operated by a member nation.
