The Turks and Caicos Islands’ Exclusive Economic Zone (EEZ) covers an area of approximately 154,068 km² and extends 200 nautical miles to the northeast. The oil spill threat within that area stems from factors within as well as external to the EEZ and is primarily focused on the marine environment. Threat sources relates to accidents involving:

1. Cruise Shipping
2. Cargo Shipping

• Oil Tankers

1. Recreational boating/Marina oil storage facilities
2. Oil storage facilities in proximity to marine resources

The oil spill threat extends beyond the TCI EEZ as the country was placed on alert during the BP oil spill in the Gulf of Mexico. The fear was that changes in wind direction could bring tar balls to the beaches of the TCI.

Maritime traffic in the vicinity of the TCI is extremely high, with a major deep water shipping lane running just outside the northeast boundary of the EEZ. This lane carries an average of 3,621 vessels (UNDP/OECS, 2012). Within the EEZ itself, the number of commercial vessels arriving in and departing from Grand Turk and Providenciales average 87 and 66 per year, respectively (UNDP/OECS, 2012). As such the potential oil spill threat is directly related to this volume of maritime traffic. The threat is further increased by the situation of several oil tanker terminals within 150 miles of TCI. Examples include:

Andres – Dominican Republic

Yabucoa – Puerto Rico

St Croix US Virgin Islands

Santiago – Cuba

Nuevitas - Cuba

Major oil spill accidents have occurred at Caribbean locations that could directly impact the TCI. For example, in 1994 the Morris J Berman spilled 2,600 metric tonnes of fuel oil near Puerto Rico. In 1991, the Vista Bella spilled 2000 metric tonnes of heavy fuel oil in the vicinity of the island of Nevis. In 2009 the Dunlin Arrow enroute from Brazil to Florida with a cargo of wood pulp ran aground spilling oil into the pristine waters of the Providenciales National Park and threatening the one of the most prized coral reefs in the world.

Owing to limited storage capacity at the petroleum unloading facilities at South Dock Providenciales and South Dock Grand Turk, oil tanker traffic into these two major ports is frequent. While these vessels are medium sized by oil tanker standards, both unloading facilities are in proximity to extremely sensitive ecosystems, national marine parks and beaches. For instance the unloading facility at South Dock, Grand Turk is not only adjacent to the cruise ship pier and attractions at the Cruise Ship Center, it is also juxtaposed to the popular Governor’s Beach. Unloading of petroleum is vial floating booms, aggravating potentials for accidents.

Several major oil tanker routes traverse the Caribbean region and oil spill incidents have occurred along the northern Caribbean sector of these routes and with potential for impact in the TCI EEZ. Indeed, between 1991 and 1997, five major incidents have occurred along this sector, spilling an estimated 387 million barrels of oil.

The proximity of these routes to the TCI and by extension, the potentials for impact are underscored. Indeed the Caicos Passage (22_00’N,72_30’W)  which lies between Mayaguana and the Caicos Islands and continues to the southeast between these islands and Little Inagua Island has been identified as one of 11 high risk sea lines utilized by oil tankers traversing the Wider Caribbean Region. The risk associated with these straits results from occurrence of shallow formations in otherwise unobstructed deep water sea-lanes (RAC-REMPEITC, 2012).

Private yachting and other recreational boating activities are important components of the of the tourism product of the TCI. As a result, the islands boast several world class marinas and related service activities and a high density of pleasure vessels. Most marinas provide fuel services with fuel lines running directly to the berthing facilities. While these marinas conform to the highest levels of international and maritime standards, the sheer number of marinas and high density traffic increases the potential for accidents and resultant spills. In many instances, these marinas abut sensitive marine parks and other tourism assets.

Oil storage facilities in proximity to marine resources are in specific reference to the two main petroleum unloading facilities at South Dock, Providenciales and South Dock Grand Turk as well as oil storage facilities at marinas.

While land-based spills in the TCI are possible their likely impacts will be on coastal and marine assets and resources owing to proximity of land-based spill sources to coastal locations. The most at risk assets and resources are those related to tourism sector and the marine environment. Tourism is the backbone of the TCI economy, accounting for 42.8 percent of direct contributions to GDP by sector in 2013. Not only is tourism the major contributor to GDP,

but its share of the economy is steadily trending upwards. The tourism sector is centered primarily on beach and marine resources both of which are extremely sensitive to impact from oil spills. At the current rate of contribution to GDP, direct losses to the tourism sector in a worst case oil spill scenario would be in the region of US$231.4 million. If the current trend in tourism contributions is factored in, losses would be even greater.

The Turks and Caicos Islands are internationally known for their secluded beaches and pollution free turquoise-blue water. The islands also have pristine, unspoiled reefs and dramatic coral walls. To protect these resources, the government of the TCI has designated thirty-three protected areas, over 325 square miles of National Parks, Nature Reserves, sanctuaries and Historical Sites to preserve its ‘Beautiful by Nature’ concept. Indeed, the TCI is believed to have the world’s largest per capita area of land set aside for preservation. Nearly 65 percent of the protected areas comprise wetlands of international importance and are afforded protection under the Ramsar Convention. These sensitive ecologically essential wetlands are nurseries for the conch and lobsters which are the mainstay of the TCI export economy and a prominent feature of the livelihood profile of the islands. The sensitivity of these areas to and potentially devastating impact from an oil spill in the TCI is thus underscored.

Scenarios for oil spills in the TCI are directly linked to the sources of threat. Potential scenario include

1. Berthing accidents involving any category of vessel
2. Collision between vessels

• Rupture of loading booms during unlading of fuel at ports and marinas

1. Vessels running aground
2. Spillage in shipping lanes in proximity to the TCI
3. Spillage at tanker terminals in Dominican Republic, Puerto Rico, BVI or eastern Cuba

• Storage failure port storage facilities and at marinas

Benefits of the TCI-OSCP can be gauged based on:

1. The effectiveness of existing oil spill response measures
2. Extent to which the TCI-OSCP can reduce consequence of the oil spill threat

• Extent to which a contingency plan is required

The TCI does not currently have a national response structure for oil spill emergencies. Following the grounding of the Dunlin Arrow in the TCI in 2009 and the spilling of oil into the waters of the Providneciales National Park the DECR (now DEMA) began drafting an oil spill contingency but this is yet incomplete and as such is not operational. The oil companies as well as some marinas have capacity for responding to Tier 1 oil spill emergencies, that is small scale localized spills. National capacity for responding to larger spills is nonexistent and as such, it would be necessary to seek external assistance through the Caribbean Oil Pollution Response Cooperation (OPRC).

This OPRC Plan was originally developed in 2006 and was revised in 2012. It provides a framework under which Island States and Territories in the Wider Caribbean Region may cooperate at the operational level in responding to oil spill incidents as required by Article 8 of the Oil Spill Protocol to the Cartagena Convention. Specifically, the Plan is intended to:

1. Promote and implement regional cooperation in oil spill contingency planning, prevention, control and clean up;
2. Develop appropriate measures of preparedness and systems for detecting and reporting oil spill incidents within the area covered by the Plan;

• Institute prompt measures to restrict the spread of oil; and,

1. Identify resources to respond to oil spill incidents.

The overall objective of the Plan is to provide a cooperative scheme for mutual assistance from member States, Territories, and organizations in the event of a major oil spill incident which exceeds the response capability of a national government or oil industry (RAC-REMPEITC, 2012).

The TCI-OSCP is intended to enhance the capacity of the TCI to more effectively respond to oil spill incidents and thereby reduce the social, economic and environmental consequences of such events. Although oil response response assistance can be garnered through the OPRC, it is a requirement of that arrangement that each member country or territory obtain the capacity to respond to at least Tier 1 spills.

National and international Legislation/conventions/protocols that are pertinent to oil spill management in the TCI include but is not limited to the:

National Legislations

1. Emergency Powers Ordinance, 2011
2. Marine Pollution Ordinance, 2010

• National Parks Ordinance, 2009

1. Merchant Shipping Ordinance, 2009
2. Ports Authority Ordinance, 2009
3. Coast Protection Ordinance, 2009

Minerals (Exploration and Exploitation) Ordinance, 2009

International Conventions/Protocols (mentioned in Section 6.1.3)

1. Cartagena Convention Oil Spill Protocol, 1983
2. International Convention on Civil Liability for Bunker Oil Pollution Damage, 2008

• International Convention for Prevention of Pollution from Ships (MARPOL), 1978

1. International Convention on Oil Pollution Preparedness, Response and Cooperation (OPRC), 1990
2. Tanker Oil Pollution Indemnification Agreement (TOPIAP, 2006

Emergency Powers Ordinance, 2011 - The relevance of the Emergency Powers Ordinance as it relates to oil spill management in the TCI pertains to the powers invested in the Governor in the Proclamation of Emergency and the enforcement of Emergency Regulations deemed necessary for the management of such emergencies.

Marine Pollution Ordinance, 2010 – Part III of this Ordinance addresses the Prevention of Pollution by Oil. It stipulates that owners or masters of ships “shall not cause or permit the discharge of oil from a ship into the marine environment” and that any person contravening that provision “commits and offence and is liable on summary conviction to a fine of $100,000 or to imprisonment for 5 years or to both such fine and imprisonment and discharge expenses”. However, this violation is defensible if committed in situations where:

1. The discharge was necessary for the purpose of saving life at sea;
2. The discharge of a substances containing oil was made in an attempt to minimize the damage from pollution arising from a specific and has the written approval of the Director;

• The discharge was in accordance with procedures prescribed by regulations.

Additionally, the Ordinance requires that oil tankers with a gross tonnage of 150 tons or more and non-tanker vessels with a gross tonnage of 200 tons or more have and approved shipboard oil pollution emergency plan onboard. Such plan must conform to the MARPOL standard.

National Parks Ordinance, 2009 – Section 8 of the Ordinance which speaks to National Parks Regulations, identifies the dumping of “oil and other petroleum productions” as being in contravention of the regulations and liable to a fine of $50,000 or imprisonment for 12 months, or to both.

Merchant Shipping Ordinance, 2009 – Part V of the Ordinance speaks to Safety and Environmental Protection and is applicable primarily to vessels that are registered in the TCO or those owned by individuals or corporations based in the TCI. The Governor may make regulations to “prevent, reduce or minimize pollution” form ships registered in the TCI or owned by individuals or corporation in the TCI as well as other ships operating in TCI waters.

Ports Authority Ordinance, 2009 – Part III of the Ports Authority Ordinance addresses the Pollution of Air and Water and stipulates that it is “unlawful for any person to deposit, place or discharge into territorial waters ... oil, gasoline...”. In addition, in outlining the role of the Ports Authority as it relates to oil pollution, the Ordinance stipulates that the role is to “prevent and control pollution by oil or any other substances of any port or the approaches thereto; to advise the Government on any matter relating to ports…marine pollution prevention and control…”

Coast Protection Ordinance, 2009 – Clause 5 of the Coast Protection Ordinance outline liabilities and penalties as they relate to the deposit of offensive substances (including oil) on the coast or the deposit of such substances at sea, where from they travel to the coast.

Minerals (Exploration and Exploitation) Ordinance, 2009

Paragraph 12 of the Ordinance outlines penalties associated with discharge of oil during mineral exploration or exploitation, stipulating that “ any oil.....is discharged or escapes into the sea as a result of any work carried out in pursuance of license under Section 7, the person carrying out the work commits and offence and is liable on summary conviction to a fine of $5000 and on conviction on indictment to a fine of $250,000”