Oceans of noise - Whale and Dolphin Conservation Society

145 LOSC in respect of polymetallic nodules. In 2000 the Assembly approved Regulations, 99 andin 2001 the Legal and Technical Commission prepared Recommendations. 100 Space does notpermit an analysis of these instruments in respect of ocean noise. However, two points will bemade.First, the Regulations do apply, inter alia, to prospecting. 101 This is significant because thedefinition of “activities in the Area” in Art 1(1)(3) LOSC does not refer to prospecting and henceit is unclear whether Arts 209 & 145 LOSC apply to this activity. Yet (a) prospecting forresources is likely to involve noise-generating seismic surveys and (b) prospecting is recognisedby the LOSC as a human activity that is undertaken in relation to resources of the Area. 102 TheAuthority’s readiness to regulate prospecting is therefore promising from the point of view ofcontrol of ocean noise. 103Secondly, and in contrast to the previous point, the Recommendations include “bottom and subbottomacoustic ... without the use of explosives” amongst a list of activities which are deemed tohave no potential for causing serious harm to the marine environment. Though the list appears tobe primarily influenced by US domestic legislation, 104 it may also reflect the emphasis in Art145(a) LOSC on activities more closely associated with the latter stages of exploration andbeyond.The discussion so far has focused on the legislative jurisdiction of the Authority. However, aState acting in the capacity of a flag State or sponsoring State has a power to apply environmentallaws and regulations that are more stringent than those established by the Authority. Thus AnnexIII LOSC Art 21(3) states that:99 Regulations on Prospecting and Exploration for Polymetallic Nodules in the Area, approved by theAssembly of the International Seabed Authority on 13 July 2000 (annexed to document ISBA/6/A/18);available at: http://www.isa.org.jm/ (last visited 25.02.03).100 Recommendations for the guidance of the contractors for the assessment of the possible environmentalimpacts arising from exploration for polymetallic nodules in the Area (published as ISBA/7/LTC/1/Rev.1*and Corr.1); available at: http://www.isa.org.jm/ (last visited 25.02.03).101 See Part II of the Regulations.102 See: Art 160(2)(f)(ii) LOSC; 162(2)(o)(ii) LOSC; Annex III LOSC.103 The activities constituting prospecting must, however, be considered in context. Many of theseactivities may equally fall within “marine scientific research” (“MSR”), covered mainly by Part XIII of theLOSC. The Authority has no express control over MSR. As such, an entity conducting such activities mayinstead opt to describe its work as “MSR” rather than as “prospecting”, and hence evade any regulationsimposed by the Authority.104 United States Deep Seabed Mining Regulations for Exploration Licences (15 CFR Part 970), s. 701;available at: http://www.access.gpo.gov/nara/cfr/cfr-retrieve.html#page1 (last visited 25.02.03).114