8.—(1) Regulations 5(1) (prohibition on the discharge of garbage) and 6 (mixed garbage) do not apply to—
(a)the discharge of garbage necessary for the purpose of—
(i)securing the safety of a ship and those on board the ship; or
(ii)saving life at sea;
(b)the accidental loss of garbage—
(i)which is a result of damage to a ship or its equipment; and
(ii)where all reasonable precautions have been taken before and after the occurrence of the damage to prevent or minimise the accidental loss;
(c)the accidental loss of fishing gear, provided that all reasonable precautions have been taken to prevent the accidental loss; or
(d)the discharge of fishing gear for—
(i)the protection of the marine environment; or
(ii)for the safety of a ship or its crew.
(2) The requirement in—
(a)regulation 4 of Annex V (discharge of garbage outside special areas);
(b)regulation 6 of Annex V (discharge of garbage within special areas); and
(c)section 5.2 (operational requirements) of chapter 5 of part II-A of the Polar Code (prevention of pollution by garbage from ships),
that the discharge of garbage is only permitted while a ship is en route, does not apply to a discharge of food wastes where the retention on board a ship of the food wastes presents an imminent health risk to the persons on board.
(3) Where fishing gear accidentally lost or discharged pursuant to paragraph (1)(c) or (d) poses a significant threat to—
(a)the marine environment; or
(b)navigation,
the accidental loss or discharge must be reported in accordance with paragraph (4).
(4) A report under paragraph (3) must be to—
(a)the ship’s flag State; and
(b)any coastal State which has jurisdiction over the waters where the accidental loss or discharge occurred.
(5) In this regulation the following terms have the meaning given in regulation 1 of Annex V (definitions)—
(a)“en route”;
(b)“fishing gear”; and
(c)“food wastes”.