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March 23, 2007
In order to offer optimum protection to the underwater world of the Saba Bank,
Professor in International Law Fred Soons is advising declaring the area a "very
sensitive marine territory." This would offer government more possibilities to set
more rules to preserve nature.
The Saba Bank, located southwest of Saba, is only 20 to 40 metres deep but has a
very rich marine life. With a surface of some 2,200 kilometres the area is larger
than all the five Antillean islands together. During research carried out in January
2006, hundreds of species of fish, 12 new species of seaweed and sponges were found
in two weeks time.
"A treasury of biodiversity, one of the richest underwater fauna in the world,"
Soons stated in an interview published recently in Antilliaans Dagblad on the
occasion of his appointment as Professor in International Law at the University of
the Netherlands Antilles (UNA). Soons was previously based at the University of
Utrecht, the Netherlands. The Saba Bank is very popular among fi shermen. "When
you're ordering lobster in Paris, chances are high that it was caught on the Saba
Bank a couple of days before," Soons knows. The territorial waters of Saba cover 12
sea miles off the coast. Within that area Saba can impose certain rules, but the
Saba Bank is located outside of the island's territorial waters. "Out at sea
international law is of importance," Soons explained.
Parliament recently adopted the Federal Maritime Management Ordinance. This law
makes it possible to impose strict rules within the economical zone of the
Netherlands Antilles, which reaches 200 miles (370 kilometres) off the coast, and
covers the entire Saba Bank. "What is still lacking is the international adoption as
a 'very sensitive sea area,' which sets rules for international shipping," Soons
said. These rules include prohibition on anchoring and even a complete ban of
vessels entering the shallow waters of this natural reserve. Many oil tankers are
currently anchoring in the Saba Bank. "Not only is the anchor damaging the bottom of
the ocean, the damage caused by anchor chains is far worse. Because the chain is
moving it works like some kind of mower," the professor said.
Oil tankers are sometimes anchored off the coast for weeks waiting for their next
trip. "I don't exclude that they are waiting there to save on harbour duties," Soons
said. "But legally there is nothing one can do about that now." An alternative could
be to install moorings to prevent ships from anchoring. "In principle St. Eustatius
could oblige oil tankers using their terminal to make use of such moorings. The
island can set rules for access to their harbour, but it is doubtful whether the
authorities would want to make use of this," he said. Soons deplored the fact that
it took such a long time for the Federal Maritime Management Ordinance to be
approved. According to him, this was caused by a combination of complicated laws and
low priority among politicians for such a topic.
He estimates that it might take two years before the Saba Bank will officially be
labelled a "very sensitive sea area." The International Maritime Organisation (IMO)
will have to make a decision on this. "I presume that the step towards the IMO will
be made next year. The government will have to present a good proposal. The
research of January 2006 was aimed at that."
After that it may take another year before permission would be granted to set
stricter rules on the Saba Bank. The Professor was not sure if these measures would
come in time to prevent irreparable damage to the area, but is expecting it would
not be too late.
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