By Alec Taylor, Marine Policy Officer

The Maritime and Coastguard Agency (MCA) have announced that they have not been able to trace the ship, or ships, which released a form of polyisobutylene (or PIB) into the English Channel earlier this year, causing the deaths of more than 4000 seabirds, and that no one is likely to be prosecuted for these acts.

This news is hugely disappointing and frustrating. Not just for us and other wildlife charities, who see yet another example of rogue shipowners getting away with damaging the environment, but for the thousands of people across the UK who signed online petitions, wrote to their MPs and contacted us to voice their anger.

photo: Glyn Curtis

Although we acknowledge that the MCA’s investigations into the second incident were thorough, some important lessons need to be learnt. We understand that the MCA has been conducting an internal review of the way it responds to pollution involving so-called Hazardous or Noxious Substances (which include PIBs), which is to be welcomed. Incidents like these need to be treated as seriously as oil spills as soon as they occur, not just once the strength of public and political feeling forces a more detailed investigation. 

The UK National Contingency Plan, which guides the national response to marine pollution incidents, must also be urgently revised in the light of these incidents. Currently, it’s an unwieldy document that is not fit for purpose for the types of cargos we are now seing transported around UK waters.

Finally, if we yet again do not have enough evidence to prosecute illegal discharges, the controls for transporting these products around the world are simply not robust enough. Non-petroleum products, from palm oil to PIBs, are transported in ever-increasing numbers, and with this the risks of non-oil pollution are growing all the time. And new forms of PIB, which are more reactive and hazardous, are being developed and transported without any proper environmental testing. And above all, the fact remains that it is legal to discharge all forms of PIB under conditions, even these more hazardous variants, as part of routine tank washing operations. 

The UK Government has indicated that it supports pushing for these new forms of PIB to be reclassified globally within the International Maritime Organisation (IMO), based on these incidents and also work it is doing with other European Countries on the safety of discharging similar products. RSPB fully supports this and will be making sure that these discussions happen at the earliest possible opportunity.

Banning these substances from being discharged in the first place will be the most effective way to both stop legal and (potentially more importantly) help prevent illegal discharges, as stricter monitoring and control procedures will be required and ships will have no legitimate reason to carry waste PIB back out to sea.

This is the long-term goal, and could take several years, but a small change at a global level will make a huge difference to our marine environment. These incidents must not be forgotten.