Oceans of noise - Whale and Dolphin Conservation Society

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seismic operations in the Protocol Area shall take into account the Guidelines issued by theOrganization”. 83 It is not known whether any guidelines have in fact been issued.Mention should also be made of the implementation at the regional level of the second element ofArt 208(1) LOSC. It is noteworthy that, with three exceptions, the provisions of the treatiesunderlying regional seas initiatives do not expressly cover “artificial islands, installations andstructures under their jurisdiction, pursuant to articles 60 and 80” other than those associated withthe exploration and exploitation of the seabed and subsoil. 84The three exceptions are the Lima Convention, the Abidjan Convention and the AntiguaConvention. The Lima Convention refers to “[p]ollution from any other installations and devicesoperating in the marine environment”; 85 the Abidjan Convention refers to, inter alia, “pollution ...from artificial islands, installations and structures under their [i.e. the contracting parties’]jurisdiction”; 86 and the Antigua Convention refers to “[p]ollution caused by ... any otherarrangement or installation that operates in the marine environment”. 87Taking a different approach, the OSPAR Convention and the Jeddah Convention include anarticle dealing with “pollution from other sources” and “pollution from other human activities”,respectively. 88 For example, the article in the OSPAR Convention states that:The Contracting Parties shall cooperate with a view to adopting Annexes, in addition to theAnnexes mentioned in Articles 3, 4, 5 and 6 above, prescribing measures, procedures andstandards to protect the maritime area against pollution from other sources, to the extent thatsuch pollution is not already the subject of effective measures agreed by other internationalorganisations or prescribed by other international conventions.83 Art XI(2). The “Organization” referred to is the one established by Art I(c) of the Kuwait Convention,i.e. the “Regional Organization for the Protection of the Marine Environment”, headquartered in Kuwait.84 See Appendix C of this paper.85 Art 4(c).86 Art 8.87 Art 6(1)(b).88 OSPAR Convention - Art 7; Jeddah Convention - Art VIII. See also Art 13 of the Noumea Convention.(Art VIII of the Kuwait Convention is entitled “Pollution from other human activities” but in fact relatesonly to pollution from “land reclamation and associated suction dredging and coastal dredging”.)109
Questions arise as to the identity of the “competent international organizations” mentioned in Art208(5) LOSC. In respect of Art 207(4) LOSC, on land-based sources, Rosenne et al. state: 89The plural term “competent international organizations” in this article ... recognizes that indealing with land-based sources of pollution of the marine environment no particularuniversal or regional international organization has exclusive competence. As knowledgeand technology process, it is becoming increasingly understood that different types of landbasedpollution require different functional and legal approaches. In the nature of things, thiscan implicate different international organizations, both global and regional.Rosenne et al., 90 in relation to Art 208(5) LOSC and its use of the term “competent internationalorganizations”, state that their comments made in connection with article 207 LOSC areapplicable. Thus it is arguable that at the regional level such organisations include the variouscommissions (or similar) established by some of the treaties underlying regional seas initiatives, 91and that at the global level such organisations include the International Maritime Organizationand the United Nations Environment Programme.89 S. Rosenne, A. Yankov & N.R. Grandy (eds.), United Nations Convention on the Law of the Sea 1982: ACommentary vol IV (Dordrecht: Martinus Nijhoff, 1991), p 133.90 Ibid., p 146.91 E.g. see: OSPAR Convention (Art 10), Helsinki Convention (Art 19), Bucharest Convention (Art XVII),Kuwait Convention (Art XVI), Jeddah Convention (Art XVI).110
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Oceans of Noise 2004A WDCS Science
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In the US, the deployment of Low Fr
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its propagation beyond those declar
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The best evidence for noise being f
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Box 1. Characteristics of sound / l
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Sound speed (c)The speed (c) of a w
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Box 2. The effects of temperature,
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2.1.2. Measuring sound intensityIde
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i.e. Equal pressure measurements di
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Spherical or Geometrical spreading
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5.0 145Tug pulling loaded barge 1.0
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The source used during 3-D surveys
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Machinery noisePropulsion machinery
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Man-made islands /caissonsFixed pla
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12 3245Drill bit6Figure 3.4. Sound
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Transientnoise sourcesAircraftHelic
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Results from the aerial surveys con
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haemorrhaging in the inner ears and
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However they also noted that whales
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4. The Use of Sound by CetaceansChr
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seems logical, therefore, that if t
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However, despite the reported low a
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Kamminga and Wiersma 1981;Akamatsu
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SongSocial callsShrieksSlaps0.03-80
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anthropogenic factors that make the
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5.3 Longer-term impactsNoise is cle
Page 60 and 61: 5.4 Indirect impactsThe above impac
Page 62 and 63: decompression sickness (DCS) as see
Page 64 and 65: 6. Examples of regional and nationa
Page 66 and 67: 6.3 ASCOBANS and ACCOBAMSTwo region
Page 68 and 69: implications and the discussion sho
Page 70 and 71: 7.1. Consideration of Voluntary vs.
Page 72 and 73: acoustic measurements have been mad
Page 74 and 75: 7.6. Methods of protectionComplianc
Page 76 and 77: 7.6.1 Monitoring7.6.1.1 Visual, aco
Page 78 and 79: Delory et al. (2002) use Ambient No
Page 80 and 81: 8. ReferencesAburto, A., Rountry, D
Page 82 and 83: Caldwell, M.C., Caldwell, D.K., and
Page 84 and 85: Engas, A., Lokkeborg, S., Ona, E. a
Page 86 and 87: IWC 2002b. Report of the Scientific
Page 88 and 89: McCauley, R.D. 1994. Seismic Survey
Page 90 and 91: Potter, J. and Delory, E. 2001. Noi
Page 92 and 93: Smolker, R.A., Mann, J. and Smuts,
Page 94 and 95: Watkins, W.A. 1981b. The activities
Page 96 and 97: ANNEX 1The Application of Marine Po
Page 98 and 99: an important factor. 13 The judgeme
Page 100 and 101: in the preparatory work of the LOSC
Page 102 and 103: practice by the UNEP Governing Coun
Page 104 and 105: protection and preservation of the
Page 106 and 107: than international rules, standards
Page 108 and 109: Four of the twelve regional seas tr
Page 112 and 113: ConclusionAt the global level, only
Page 114 and 115: Art 209 LOSC focuses on both standa
Page 116 and 117: No State Party may impose condition
Page 118 and 119: coastal States”. This formulation
Page 120 and 121: If the IMO makes this determination
Page 122 and 123: estrictions to vessels operating in
Page 124 and 125: In the EEZ, in comparison to the te
Page 126 and 127: Appendix A - Some international ins
Page 128 and 129: Convention for the Protection of th
Page 130 and 131: Available at:http://www.unep.ch/sea
Page 132 and 133: BucharestConventionArticle XIPollut
Page 134 and 135: environment1. The Contracting Parti
Page 136 and 137: - that under Article III.8.c) of AC
Page 138 and 139: e) no sudden or repeated change in
Page 140 and 141: Ref: Nowacek et al. 2001.Location:
Page 142 and 143: Location: Arctic• Vocal behaviour
Page 144 and 145: • Vaquita surfacing duration and
Page 146 and 147: • 6% of small delphinids (n=264;
Page 148 and 149: Species type: Boto, Inia geoffrensi
Page 150 and 151: • Humpback whales appeared tolera
Page 152 and 153: • Behaviour interpreted as aggres
Page 154 and 155: • There was no evidence of minke
Page 156 and 157: • Northern right whales may be ap
Page 158 and 159: • Migrating gray whales disturbed
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to Ensenada De La Paz, Mexico. Aqua
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distribution of humpback whales, Me
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Richardson, C.R. Greene, C.I. Malme
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Zhou, K., Pilleri, G. and Li, Y. 19
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6. surveys for Cuvier’s beaked wh
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