The present study has been prepared under the GloNoise Partnership in order to provide a gap analysis of existing global, regional and national legal instruments, including treaties, laws, policies and strategies, associated with the reduction of underwater radiated noise (URN) from shipping. This analysis emphasizes the IMO Revised Guidelines for the reduction of underwater radiated noise (URN) from commercial shipping to address adverse impacts on marine life (Revised URN Guidelines). The analysis of the national legal instruments is focussed on the Lead Pilot Countries (LPCs): Argentina, Chile, Costa Rica, India, South Africa, and Trinidad and Tobago.
The study reveals a number of gaps and other challenges of a governance, scientific, technological, human, and financial nature which can hinder action to reduce underwater radiated noise from shipping. A number of these gaps and challenges and the recommended actions made to address them at the global and regional levels focus on anthropogenic underwater noise generally. Shipping-related identified gaps and other challenges, along with recommended actions and proposed potential global policy options within the framework of IMO, are presented in sections 2.3.2 and section 5, respectively. Recommended actions for LPCs are set out in section 4.
GIVE PRIORITY ATTENTION TO THE REDUCTION OF ANTHROPOGENIC UNDERWATER NOISE
Section 1 underscores that anthropogenic underwater noise can have potential significant/severe impacts on marine life and can also adversely impact seabirds, with consequential environmental and socioeconomic impacts. Shipping is one of the main sources of anthropogenic noise in the marine environment. However, the reduction of anthropogenic underwater noise has not been given the priority attention it deserves at the international and national levels , and regulatory activity has mostly been focused within developed countries.
In light of obligations in the United Nations Convention on the Law of the Sea (UNCLOS), the 2025 deadline in Target 14.1 of the 2030 Agenda for Sustainable Development to prevent and significantly reduce marine pollution, and the commitment in Target 7 of the Kunming-Montreal Global Biodiversity Framework, it is important for States and intergovernmental bodies to give priority attention to the reduction of anthropogenic underwater noise if they have not already done so.
RECOGNIZE THAT ANTHROPOGENIC UNDERWATER NOISE CAN BE A POLLUTANT AND CONSIDER THE DEVELOPMENT OF MANDATORY INTERNATIONAL RULES AND STANDARDS FOR UNDERWATER RADIATED NOISE FROM SHIPS THROUGH IMO
The analysis of existing global legal instruments indicates that URN, a form of energy, which results in or is likely to result in deleterious effects such as harm to living resources and marine life, is a pollutant according to the definition of "pollution of the marine environment" in UNCLOS. This is also recognized by several global intergovernmental bodies. The UNCLOS provisions are also applicable to the Part XI Agreement, the UN Fish Stocks Agreement, and the BBNJ Agreement. Many regional treaties also include "energy" in their definition of pollution. However, not all LPCs have yet defined URN as a type of marine pollution in their national legislation.
Although States are required under UNCLOS to prevent, reduce and control pollution of the marine environment from vessels and other sources, most global actions to address anthropogenic underwater noise have been of a policy and non-legally binding nature. IMO, as the competent international organization under UNCLOS, has not formally recognized URN as a form of pollution in IMO mandatory instruments. Currently, no regulation exists among IMO instruments that would require Member States to implement, comply with, and enforce obligations relating to the prevention, reduction and control of underwater radiated noise pollution from ships.
This regulatory gap limits the ability of a number of regional bodies and their members to effectively address URN pollution from ships. Many regional environment treaties include obligations to prevent, reduce and control pollution in accordance with "generally accepted" or "applicable" international rules and standards , but these have not yet been developed by IMO.
To address these gaps, it would be important for States and intergovernmental bodies to recognize anthropogenic underwater noise as a form of pollution of the marine environment. Furthermore, the development of mandatory "international rules and standards" to prevent, reduce and control underwater radiated noise pollution from vessels could be considered by Member States and international organizations at IMO.
CONSIDER URN REDUCTION APPROACHES FOR SHIPPING THROUGH IMO
Apart from the lack of "generally accepted international rules and standards," other identified gaps and challenges include:
Limited awareness of the Revised URN Guidelines, Capacity, technological, and financial constraints, and Insufficient cooperation and coordination. Gaps related to the establishment of baselines and targets, Limited blending of requirements on greenhouse gas (GHG) reduction and URN, Challenges with maintenance approaches and operational approaches. Insufficient guidance in the Revised URN Guidelines as to the relevance of other instruments for its application.
Recommendations on how these could be addressed within the IMO framework are set out and proposed potential global policy options are presented in section 5. At the regional and national levels, States could also consider regulating the use of pleasure craft to protect rare and endangered species and their critical habitats. It is important for intergovernmental bodies and States to engage in the IMO Experience-Building Phase (EBP) for the Revised URN Guidelines and submit lessons learned/best practices.
CONSIDER OTHER MEASURES AND APPROACHES TO REDUCE UNDERWATER RADIATED NOISE FROM SHIPPING
Enhance research, knowledge and data
While a substantial body of scientific studies already demonstrates the potential severe/significant impact of URN on marine ecosystems, additional research is essential. Research and studies need to be undertaken by a broader range of States, as most data collection and measurement projects have been taking place in developed countries.
There is a need for ongoing and further internationally coordinated research on the effects of anthropogenic underwater noise on: Ecosystems, Marine species and their prey, including fishes, invertebrates, and turtles, The migration routes of marine species, Ecological connectivity and coherence.
The impact on seabirds.
There is data paucity on baseline conditions, no detailed map of the distribution of economically and ecologically important marine species, a lack of common internationally agreed standards of acceptable noise levels, and a lack of common measurements standards.
Other potential actions include:
Developing harmonized reporting procedures, including a standardized classification for vessels, Establishing national noise registries, Establishing a common repository for data and research on URN from shipping, Establishing an open-access independent scientific network for data sharing and monitoring.
Increase awareness-raising
There is currently insufficient awareness and understanding of the potential adverse impacts of URN on marine life and the associated environmental, social, and economic impacts, as well as of the available reduction measures. Governments, intergovernmental organizations, research institutes, and NGOs should consider facilitating training initiatives involving specialized professionals to develop and implement URN management planning. Awareness-raising activities for the public about the impact of URN, including from pleasure craft activities, are also required.
Apply relevant principles and approaches
It is important that relevant principles and approaches in global and regional treaties and policy outcomes are applied by States and intergovernmental organizations, if they have not yet done so. URN in general has not been addressed in a number of regional intergovernmental bodies dealing with environmental and fisheries issues.
For more information, read the relevant IMO GloNoise paper below:
Source: IMO
