The following papers have been provided as background information to help inform our discussions at the workshop. Please note that this distribution does not constitute an endorsement by the Marine Mammal Commission or Joint Nature Conservation Committee.
Jay Barlow and Robert Gisiner, Mitigation and Monitoring (240 KB)
This paper was originally prepared for the Marine Mammal Commission's April 2004 technical workshop on beaked whales. It reviews options for mitigating and monitoring the potential impacts of human acoustic activity on beaked whales, providing an analysis of the challenges inherent in developing effective methodologies.
John Hildebrand, Sources of Anthropogenic Sound in the Marine Environment (234 KB)
This paper describes the various sources of human-generated sound and their global distribution. It also discusses the need for a long-term monitoring program to track future changes in ocean noise.
Daniel Owen, The Application of Marine Pollution Law to Ocean Noise, Annex 1 from Oceans of Noise (395 KB)
This excerpt from the Whale and Dolphin Conservation Society's 2003 report addresses the application of marine pollution law to the regulation of ocean noise. (Full report available at http://www.wdcs.org)
Karen Scott, International Regulation of Undersea Noise (297 KB)
This paper surveys a selection of global and regional instruments which directly or indirectly impact upon the regulation of undersea noise. In its conclusion, this paper attempts to identify further measures which might be taken in order to expedite the development of a comprehensive global legal framework for the regulation of marine acoustic pollution.
Scientific Committee on Antarctic Research, Marine Acoustic Technology and the Environment, Working Paper WP-023 (provided by David Walton) (78 KB)
Working Paper 23 was presented by SCAR at XXV Antarctic Treaty Consultative Meeting in September 2002 in Warsaw. This was in response to a request from Treaty Parties for a review of available scientific information on anthropogenic marine acoustic noise and its implications. The paper provides an overview of relevant literature compiled from a workshop meeting and makes some recommendations about mitigation measures.
Scientific Committee on Antarctic Research Report on Marine Acoustic Technology and the Antarctic Environment (provided by David Walton) (363 KB)
Information paper 78 was presented by SCAR to XXVII Antarctic Treaty Consultative Meeting in July 2004 in Cape Town. The paper reviews new information available since 2002 and provides a risk analysis approach that can be used for environmental impact assessment in advance of permitting any marine activities that will produce underwater noise. It also attempts to establish the levels of background sound against which anthropogenic noise should be judged.
Comments from the German Federal Agency for Nature Conservation (BfN) on SCAR Information paper 78 (CEP VII) (163 KB)
These comments were sent to SCAR by the German Federal Ministry for the Environment, Nature Conservation and Nuclear Safety (BMU) in response to Information paper 78 from SCAR, which was circulated too late for respective reaction within the meeting of the Committee on Environmental Protection (CEP VII, 24-28 May 2004) of this year’s Antarctic Treaty Consultative Meeting (XXVII ATCM).
Jon M. Van Dyke, The Evolution and International Acceptance of the Precautionary Principle, in Bringing New Law to Ocean Waters (D.D. Caron and H.N. Scheiber eds., 2004) (128 KB)
This paper examines how the precautionary principle has been used in recent multilateral treaties and in decisions by international tribunals and national courts, and then summarizes the current content and understanding of this principle.
Jon M. Van Dyke, Emily A. Gardner, Joseph R. Morgan, Whales, Submarines, and Active Sonar, 18 Ocean Yearbook 330-63 (2004) (224 KB)
This paper summarizes the current scientific understanding of the effect of low frequency active sonar and other loud sounds in the ocean on marine mammals and other marine creatures. It then examines the Navy's justifications for using active sonar and examines how the principles and institutions of international environmental law apply to this new form of ocean pollution.