Oceans of noise - Whale and Dolphin Conservation Society

Designation of Particularly Sensitive Sea Areas. 42 These impliedly refer to noise as asubstance. 43 Based on this approach in the Guidelines, it is tempting to suggest that MARPOLneed not be amended in order to cover ocean noise. However, the Guidelines are not primarilyintended as an interpretation of MARPOL.For current purposes, it will assumed that in order to use MARPOL to regulate ocean noise, itwould be necessary to extend the scope of Art 1(1) to include energy or, more specifically, noise.Of course, the task of generating the necessary political will to effect this change should not beunderestimated. But with the scope of Art 1(1) extended as suggested, in principle a new annexto MARPOL on ocean noise could then be drafted.It is noteworthy that Art 2(3)(b)(ii) of MARPOL currently excludes from the meaning ofdischarge the “release of harmful substances directly arising from the exploration, exploitationand associated offshore processing of sea-bed mineral resources”. The impact of this provision isclear: it avoids MARPOL being used as a general means of regulating operational dischargesfrom the offshore minerals industry. Thus even if the scope of Art 1(1) could be extended assuggested, it is likely that there would be pressure from governments to draft a provisionequivalent to Art 2(3)(b)(ii) in respect of emissions of noise from such operations. Clearly, ifsuccessful, any such pressure would remove any opportunity for using MARPOL to control noisefrom important sources such as seismic surveys, construction and drilling.2.3 ConclusionThe LOSC is the most promising global treaty with potential for the regulation of ocean noise, onaccount of (a) its definition of pollution including “energy” and (b) its intention to addresspollution from all sources. MARPOL too offers possibilities, assuming that the scope of Art 1(1)could be extended to include energy or noise; even then, pressure to introduce an equivalent ofArt 2(3)(b)(ii) is likely to be strong.It is necessary to analyse the provisions within the LOSC in order to assess how they may be usedto promote the regulation of ocean noise. The most relevant part of the treaty is Part XII (on42 Annex 2 to Resolution A.927(22) adopted on 29 November 2001.43 See para 2.2.102