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We are deeply concerned about the growing use of intense
human-generated noise in the marine environment, particularly caused by
use of explosives, oceanographic experiments, geophysical research,
underwater construction, ship traffic, intense active sonars and air
guns used for seismic surveys for oil and related activities. There is
grave concern that proliferation of these noise sources poses a
significant threat to marine mammals, fish and other ocean wildlife.
Scientists agree, and a growing body of research confirms, that the
intense sound produced by these noise sources can induce a range of
adverse effects in marine mammals. These effects include death and
serious injury caused by hemorrhages or other tissue trauma; strandings;
temporary and permanent hearing loss or impairment; displacement from
preferred habitat and disruption of feeding, breeding, nursing,
communication, sensing and other behaviors vital to the survival of
these species. Similar concerns exist for potential impacts on other
marine species, including fish.
As stated most recently by the Cetacean Specialist Group of the IUCN-World
Conservation Union: "Military operations involving the use of
high-intensity sonar, explosive devices, and other intense noise sources
pose both lethal and sub-lethal threats to cetaceans." Of particular
concern is "the development by several navies of very low-frequency
sonars, known as 'LFA' in the United States, with detection ranges, and
thus potential effect ranges, of several hundred kilometers." Other
nations, such as the United Kingdom, France, and the Netherlands, are
developing or deploying similar technology.
High-intensity sound has been shown to have adverse impacts on other
marine species as well. Scientific studies have demonstrated that
airguns have the potential to injure and significantly reduce catch
rates of certain fish species at substantial distances. The
proliferation of intense underwater noise poses a threat to already
depleted fish stocks throughout the world's oceans.
We believe that in the face of this mounting evidence, the United
Nations should endorse a precautionary approach to all sources of
intense anthropogenic sound and to explore ways to limit and mitigate
their use on the high seas while urging States to adopt similar measures
in their territorial waters. The precautionary principle should be
applied publicly and transparently to noise generated for military,
commercial, and scientific purposes.
In many cases, there are alternatives and realistic mitigation scenarios
for reducing and eliminating very loud human-generated noise from the
marine environment, including improved passive sonars, using reduced
noise energy, mechanical and operational designs that minimize noise,
alternative energy sources, etc. Along with the scientific community, we
are deeply concerned about the cumulative and synergistic environmental
impacts that all of these noise producing systems, operating
independently, might have.
ACTION REQUESTED
The obligation to protect the marine environment is
embodied in Part XII of the United Nations Convention on the Law of the
Sea. Consequently we call upon the United Nations and its member States
to take the following actions:
1. Recognize that the introduction of intense energy sources such as the
extremely loud sounds emitted through intense active sonars, air guns,
explosives, underwater construction and shipping constitutes "pollution"
as defined in Article 1(1)(4) of the 1982 United Nations Convention on
the Law of the Sea if these sounds cause "harm to living resources and
marine life, hazards to human health, hindrance to marine activities,
... [or] reduction of amenities."
2. Acknowledge that current use of technologies and devices that produce
intense underwater noise may be in breach of Articles 204-206 of the
United Nations Convention on the Law of the Sea, which requires States
"to assess the potential effects of such activities on the marine
environment" whenever "States have reasonable grounds for believing that
planned activities under their jurisdiction or control may cause
substantial pollution of or significant and harmful changes to the
marine environment," and of Article 194(1), which requires States to
take all measures "necessary to prevent, reduce and control pollution of
the marine environment from any source".
3. Resolve, pursuant to Articles 194(1) and (2) of the United Nations
Convention on the Law of the Sea, that States take all measures
necessary to prevent, reduce, and control pollution of the marine
environment from any source, including from technologies and devices
that produce intense underwater noise; and to ensure that such pollution
arising from activities under their jurisdiction or control does not
cause damage to other States and their environment or spread beyond the
areas where they exercise sovereign rights, in accordance with the
Convention.
4. Encourage the use of alternative technologies and realistic
mitigation procedures for reducing the hazards of intense underwater
sound.
5. Apply the precautionary principle publicly and transparently to noise
generated for commercial, military and scientific purposes.
6. Strengthen legal remedies to address the uncontrolled use of these
technologies in the marine environment.
7. Work with other international institutions, such as the Institutions
of the European Union and the IUCN-World Conservation Union to form a
Multinational Task Force to develop international agreements regulating
noise levels in the world's oceans.
Signatories:
United States and Canadian Organizations
Acoustic Ecology Institute
Americans for a Safe Future
American Cetacean Society
American Society for the Prevention of Cruelty to Animals (ASPCA)
Animal Welfare Institute
Blue Waters Kayaking
Center for Biological Diversity
Cetacean Society International
Defenders of Wildlife
Dolphin Connection
Earth Island Institute
Earth Neighborhood Wellness Center
Earthtrust
ECO-Link
Greenpeace International
Humane Society of the US
International Marine Mammal Project
Natural Resources Defense Council
Ocean Mammal Institute
San Diego Environmental Health Coalition
Seaflow
Sierra Club US and Canada
Stop LFAS Worldwide Network
Whaleman Foundation
Members of ECSO and other Organisations in Europe and Middle East
Aargauer Tierschutz, Switzerland
Animalisti Italiani, Italy
ASMS OceanCare, Switzerland
Dauphin Libres et Captifs, Belgium
Delphin Institut Freiburg, Germany
DELPHIS Mediterranean Dolphin Conservation, Italy
Die Welt der Wale und Delfine, Germany
ECCEA, France and Martinique
Environmental Investigation Agency, United Kingdom
Fair-Fish, Switzerland
Finns for the Whales Society, Finland
FIRMM, Switzerland and Spain
Gesellschaft zur Rettung der Delphine, Germany
Gesellschaft zum Schutz der Meeressäugetiere, Germany
Hai Stiftung, Switzerland
IMMRAC (Israeli Marine Mammal Research and Assistance Center), Israel
Institut für Aquatische Körperarbeit, Switzerland
Korte PHI, Germany
La Baleine Libre, Belgium
Liquid Sound, Germany
Marine Connection, United Kingdom
M.E.E.R, Germany and Spain
Morigenos - marine mammal research and conservation society, Slovenia
Natur im Bild, Germany
PADI PROJECT AWARE, Europe
PROWILDLIFE, Germany
Réseau-Cétacés, France
Schweizer Tierschutz, Switzerland
Schweizer Wal-Gesellschaft, Switzerland
Shark Info, Switzerland
SHARKPROJECT, Germany
Swiss Cetacean Society, Switzerland
Swiss Coalition for the Protection of Whales (SCPW), Switzerland
SOS Grand Bleu, France
Stiftung Caretakers, Switzerland
Tethys Research Institute, Italy
Tierschutz Bund, Switzerland
Tortugas, Switzerland
VETO (Verband Tierschutzorganisationen Schweiz), Switzerland
Vier Pfoten, Austria
Vier Pfoten, Switzerland
Vier Pfoten, Germany
Vier Pfoten, Rumania
Vier Pfoten, Bulgaria
WDCS, Whale and Dolphin Conservation Society, UK and Germany
WWF Schweiz, Switzerland
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