Oceans of noise - Whale and Dolphin Conservation Society

definitions are located in the annex and are stated as being “[f]or the purposes of this Annex”. 74In other words, and in contrast to the definitions in the OSPAR Convention, they do not affect(expressly, at least) the provision in the main body of the treaty which calls on contracting partiesto “take all measures ... to prevent pollution ... resulting from exploration or exploitation of ... theseabed and the subsoil ...”. 75The Barcelona Convention is supplemented by a Protocol for the Protection of theMediterranean Sea against Pollution Resulting from Exploration and Exploitation of theContinental Shelf and the Seabed and its Subsoil (“the Barcelona Protocol”). 76 The protocoldefines “exploration activities” to include, inter alia, “seismological activities” and “surveys ofthe seabed and its subsoil”. 77 Though several provisions apply generally to pollution (which inturn includes energy 78 ) or to “activities” (which in turn includes “exploration activities”), thesection in the protocol that addresses particular types of pollutants in turn 79 does so under theheading “wastes and harmful or noxious substances and materials”; not surprisingly in view ofthis declared scope, there is no mention in this section of pollution by forms of energy. Overallthen, it is clear that in the detail, the Barcelona Protocol focuses on substances and materialsrather than on energy.The Kuwait Convention is supplemented by a Protocol concerning Marine Pollution Resultingfrom Exploration and Exploitation of the Continental Shelf (“the Kuwait Protocol”). 80 Theprotocol defines “offshore operations” broadly to include, inter alia, “operations ... for thepurposes of exploring of oil or natural gas”. 81 Several provisions apply generally to pollution(which in turn includes energy) or to “offshore operations”. However, with one exception, thoseprovisions that go into detail on particular forms of pollution address only pollution by oil,sewage, garbage and chemicals. 82 The one exception refers expressly to “seismic operations”.That provision requires each contracting State to “take appropriate measures to ensure that73 Annex VI, Reg 1(3).74 Annex VI, Reg 1.75 Art 12(1).76 Adopted in 1994 but not yet entered into force; available at: http://www.unepmap.org/ (last visited05.03.02).77 Art 1(d)(ii).78 Art 1(e).79 Section III.80 Adopted in 1989 and entered into force in 1990; available at:http://sedac.ciesin.org/pidb/texts/acrc/ProtKuwait.txt.html (last visited 25.02.03).81 Art I(13).82 Arts IX, X, & XI(1).108