Protecting Whales: The Need For Noise Regulations

Marine mammals such as whales rely on underwater sounds to communicate, find food, and navigate. However, the recent rise in shipping has led to a significant increase in underwater noise pollution, which can interfere with these vital activities, causing stress, hearing loss, difficulty feeding, mating disruption, and even death. While there are existing regulations in place, such as the Marine Mammal Protection Act in the United States, which prohibits the killing, hunting, injuring, or harassing of marine mammals, and international treaties like CITES, which provides protection for endangered whale species, there is a growing need to specifically address the issue of noise pollution and its impact on whales. This is especially true in sensitive regions like the Arctic, where shipping activities and noise-sensitive marine life overlap, and voluntary guidelines have proven ineffective. As such, the question arises: are further regulations needed to protect whales from the detrimental effects of noise pollution, and if so, what form should these regulations take?

The shipping industry's impact on whale noise pollution

The shipping industry has had a significant impact on whale noise pollution. The global merchant fleet has been the biggest contributor to the doubling of background noise levels underwater in every decade over the last 50 years. This has had a detrimental effect on marine life, particularly whales, as it disrupts their natural abilities and behaviours.

Whales use echolocation to navigate and find food, and they communicate with each other through underwater clicks, whistles and songs. The noise created by shipping vessels interferes with these natural processes. For example, the low-frequency noise of ships overlaps with the frequencies used by seals, sea lions and fish, and this interference leads to hearing loss, stress, difficulty feeding, mating disruption, and even death.

The problem is particularly acute in the Arctic, where the unique properties of the ocean mean that a small number of ships can have a disproportionate effect on the underwater soundscape. Cold Arctic waters help sound travel long distances at shallow depths compared to other oceans. The recent rise in Arctic shipping has already caused a doubling of underwater noise in some parts of the region, and this has resulted in a shrinking of communication space for whales.

Existing regulations protecting whales

While there is a lack of comprehensive and mandatory international regulation, some measures have been put in place to protect whales from noise pollution. The International Whaling Commission (IWC), established in 1946, instituted an indefinite ban on commercial whaling in 1986, which is still in effect with certain exceptions. This ban falls under the purview of the IWC's role in overseeing the management of the whaling industry worldwide.

In addition to the IWC's efforts, the United States has enacted several federal laws to protect whales. The Marine Mammal Protection Act (MMPA), passed in 1972, prohibits US residents from killing, hunting, injuring, or harassing any species of marine mammals, regardless of their population status. It also bans the import of marine mammals and products derived from them into the country.

The Endangered Species Act (ESA), enacted in 1973, safeguards both endangered and threatened species. All great whales are listed as endangered under the ESA, making it illegal to harm or disrupt their habitats in any way.

Furthermore, the US Congress has made it illegal to buy or sell any whales, imposing sanctions on nations that violate international fishery conservation programs.

On an international level, the CITES treaty provides protection for wild animal and plant species in international trade. All great whales are listed under Appendix I, which prohibits commercial trade for species threatened with extinction.

While these regulations provide some protection for whales, there is a growing recognition that more stringent and urgent measures are needed to address the increasing threat of underwater noise pollution, especially in sensitive regions like the Arctic. The recent rise in shipping has led to a doubling of underwater noise in certain areas, severely impacting the communication and survival of whale species. While technical solutions exist to reduce ship noise, there is a lack of mandatory implementation, highlighting the need for stronger political will and comprehensive regulations to effectively safeguard whales from noise pollution.

The impact of noise on whale communication

Whales rely on acoustic communication to mediate social interactions and to navigate their environment. They produce a range of sounds, from low-frequency grumbles to high-frequency chirps, which convey information about group membership, sex, size, location, and motivation. However, with the increase in ocean background noise, their calls may become inaudible to other whales, disrupting their social interactions and behaviour.

In response to increased noise levels, whales may attempt to compensate by shifting the frequency or increasing the volume of their calls. For example, humpback whales have been observed to increase their signal level in response to ambient ocean noise. Additionally, they may switch from vocal sounds to surface-generated sounds, such as tail slapping or breaching, to communicate over longer distances.

The rise in shipping activities has had a particularly significant impact on the Arctic, where the unique properties of the ocean allow sound to travel long distances at shallow depths. This has resulted in a shrinking of the communication space for whales and other marine species that rely on underwater sound, such as narwhals, belugas, bowhead whales, walruses, and seals.

Overall, the increasing levels of noise pollution in the ocean are having a detrimental impact on whale communication, behaviour, and survival. There is an urgent need for regulations and measures to reduce ship noise and protect whales and other marine species from the harmful effects of human-produced noise.

The impact of noise on whale migration

Whale migration is a remarkable phenomenon, with some species travelling thousands of kilometres annually between feeding and breeding grounds. However, human activities have significantly increased ocean noise levels, creating a loud marine soundscape dubbed the "Anthropocene soundscape". This noise pollution has various detrimental effects on whale migration, and regulations are essential to mitigate these impacts and protect whales.

Whales, especially baleen whales, are known for their acoustic communication, which can occur over vast distances in pristine conditions. During migration, vocalisations enable dispersed groups to maintain contact and benefit from improved navigation through collective wisdom. However, rising ambient noise levels from shipping, resource exploration, and naval operations interfere with whale communication. The noise reduces their communication range, diminishes the detection of environmental cues, and triggers noise avoidance behaviours, impairing navigation and potentially trapping whales behind a wall of noise.

Mathematical modelling has been instrumental in understanding the impact of noise on whale migration. Studies have found that noise pollution can slow down migration by up to 20%, leading to increased journey times and, in some cases, failed navigation. The extra time and energy spent navigating leave whales with reduced time and energy for essential activities like breeding and feeding, affecting their overall health and reproductive success.

Noise pollution also increases stress levels in whales, which has been linked to strandings. Additionally, the loss of communication space and the ability to receive sound can have severe consequences for whale survival, as they rely on acoustic communication for various purposes, including finding food and navigating to safer environments.

To address these issues, regulations are indeed necessary to protect whales from noise pollution. The International Whaling Commission (IWC) instituted an indefinite ban on commercial whaling in 1986, and the Marine Mammal Protection Act in the United States also prohibits the killing, hunting, injuring, or harassing of marine mammals. The European Union has recognised underwater noise as a pollutant and endorsed evidence-based noise limits, taking a significant step towards reducing ship-generated noise. While there are guidelines and treaties like the International Whaling Convention and CITES, which provide protection for whales, the non-mandatory nature of some guidelines poses challenges to their implementation. There is a growing urgency for mandatory measures and political decisions to reduce ship noise, especially in sensitive regions like the Arctic, where shipping activity has already doubled underwater noise levels.

The impact of noise on whale health

Whales rely on acoustic communication to broadcast information during migration. The increasing noise in the oceans is reducing their communication range and interfering with their ability to detect environmental cues, such as the sound of icebergs clashing, which provides vital information for navigation. This can lead to longer migration times, with some whales even becoming trapped behind a "wall of noise". Mathematical modelling has shown that noise can slow migration by up to 20%, causing delays of several days.

Noise pollution also affects whale foraging behaviour. Humpback whales, for example, have been observed to decrease their feeding efforts and alter their diving behaviour in response to ship noise, which may be due to a perceived threat. This could potentially lead to population-level impacts on their foraging success.

The rise in shipping and other human activities has led to a doubling of underwater noise in some parts of the Arctic, causing a "shrinking of communication space" for whale species such as narwhal, beluga, and bowhead whales. As a result, these species are losing their ability to communicate and detect crucial environmental cues, threatening their survival.

Noise pollution has also been linked to increased stress levels in whales, which has been associated with strandings. Overall, noise pollution is having a severe impact on whale health and well-being, affecting their migration, communication, foraging, and stress levels. Regulations and measures to reduce ship-generated noise are urgently needed to protect whales from the detrimental effects of noise pollution.

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