Addressing Global Oceanic Laws to Protect Whales Amid Rising Beached Whale Incidents

An alarming rise in the number of beached whales around the world has sparked significant concern among environmentalists, scientists, and legal experts alike.

While whales have long been symbols of the ocean’s vast ecosystem, their increasing presence on shorelines — often dead or injured — signals a growing crisis in marine life sustainability. These incidents raise vital questions regarding the effectiveness of current oceanic laws and whether new, comprehensive international legal frameworks are needed to address the myriad threats faced by these majestic creatures.

The sharp rise in beached whale occurrences has underscored the vulnerability of marine ecosystems and the need for robust, globally coordinated legal efforts to protect marine life. This article delves into the causes behind the beached whale phenomena, examines the current state of oceanic laws, and outlines the legal steps necessary to bolster protections for whales and ensure the health of oceanic ecosystems in the future.

The Alarming Rise in Beached Whales: Causes and Implications

Whale beaching, a phenomenon in which whales end up stranded on land, has been recorded at an alarming rate in several parts of the world. In many cases, these occurrences result in the death of the animals, while others suffer severe injuries and trauma. While this tragic event can be caused by various factors, it has recently become a growing concern, with multiple beached whale occurrences in regions that were previously unaffected. Some of the leading causes contributing to the rising number of beached whales include:

1. Sonar and Military Exercises

A growing body of research indicates that military sonar and other underwater technologies used in naval exercises may be causing disorientation and stress among whales. The intense sound waves produced by sonar can interfere with whales’ navigation systems, causing them to become stranded on shorelines. Various incidents, including the beaching of sperm whales off the coast of the Canary Islands in 2002 and mass strandings of beaked whales in the Mediterranean, have been linked to military activities, indicating the need for stricter regulations on underwater sound pollution.

2. Climate Change and Oceanic Disruption

Climate change has altered ocean temperatures, currents, and ecosystems, which in turn affect the migratory patterns and feeding habits of whales. Warming waters, as well as changes in the availability of prey species, may be driving whales into unfamiliar regions where they become more prone to beaching. The ocean’s rising temperatures have also led to more frequent and intense storms, further disturbing whale behavior.

3. Ship Strikes and Collisions

Increasing maritime traffic, both commercial and recreational, has raised the risk of ship strikes, which are a significant threat to whale populations. Collisions between whales and large vessels often result in severe injuries or death. As global trade continues to grow and more ships travel through whale migration routes, the risk of such incidents rises.

4. Pollution and Toxic Exposure

Chemical pollution, plastic debris, and other contaminants in the ocean have serious consequences for marine life, including whales. Exposure to toxic substances can lead to debilitating diseases, weakened immune systems, and behavioral changes in whales that could contribute to beaching events. Additionally, ingestion of plastics by whales and other marine animals is an increasing concern.

5. Entanglement in Fishing Gear

Entanglement in fishing gear, such as nets and ropes, has long been a major threat to whales. Whales may become trapped in the gear, which can lead to injuries, drowning, or exhaustion. This form of entanglement disrupts whale populations, often leading to tragic consequences when these animals are unable to escape.

Gaps in Current Oceanic Laws

While some legal protections exist for marine life, the current legal framework governing whale protection is fragmented and inconsistent at best. Various national and international laws provide a patchwork of protections, but there is no single global legal structure that effectively addresses the full spectrum of threats facing whales and other marine species.

1. International Whaling Commission (IWC) Regulations

The International Whaling Commission (IWC) is one of the most significant international bodies dedicated to whale protection. The IWC, established in 1946, primarily oversees the regulation of whaling and ensures that commercial whaling is banned under the 1982 moratorium. While this ban has been crucial in halting large-scale whaling, it does not fully address the complex range of threats whales face today, including environmental degradation, vessel strikes, and pollution.

2. United Nations Convention on the Law of the Sea (UNCLOS)

UNCLOS is a comprehensive international treaty that regulates marine and maritime affairs. While it includes provisions for the protection of marine life, including whales, it lacks specific mechanisms for tackling emerging threats such as ocean noise pollution, entanglement in fishing gear, and climate change impacts. UNCLOS also struggles with enforcement issues, as many countries do not fully comply with its obligations to safeguard marine biodiversity.

3. National Legislation and Enforcement

Many countries have enacted national laws to protect whales, including bans on hunting and regulations aimed at reducing vessel strikes. However, enforcement remains a major issue. In some regions, whale protection laws are poorly implemented or lack sufficient resources for monitoring compliance. Furthermore, many countries still lack cohesive strategies for dealing with the diverse range of threats to whales, leaving gaps in the global protection system.

Legal Steps to Protect Whales and Ensure Sea Life Sustainability

To address the growing threats to whale populations and ensure a sustainable future for marine life, a range of global oceanic laws and reforms are necessary. The following legal steps could help create a more comprehensive and effective framework for the protection of whales:

1. Establishing a Global Whalewatching and Marine Noise Regulation Framework

One of the most pressing issues for whale protection is the rise of ocean noise pollution caused by human activities, including naval sonar, oil exploration, and commercial shipping. An international framework for regulating marine noise—with specific attention to whale migration routes and breeding areas—could minimize the impact of underwater sound on whale populations. Such a framework could include standards for military and commercial vessels and a comprehensive monitoring system to ensure compliance.

2. Stronger Enforcement of Ship Strike Prevention Laws

Given the threat posed by commercial shipping, global regulations must be expanded to include specific measures to prevent ship strikes. This could involve the designation of whale protection zones, requiring ships to reduce speed in these areas and implementing mandatory whale detection systems on large vessels. Governments could also impose fines or penalties for vessels that strike whales, with stricter enforcement of maritime regulations.

3. Strengthening the International Whaling Commission (IWC) Mandate

The IWC could be empowered with a broader mandate to tackle the full range of threats that whales face. This could include the development of a global whale protection strategy that addresses habitat conservation, pollution, ship strikes, and entanglement. The IWC could work in tandem with environmental groups, scientists, and policymakers to create a more cohesive and comprehensive set of standards to protect whale populations in both national and international waters.

4. Expanding UNCLOS Protections for Marine Life

The United Nations Convention on the Law of the Sea (UNCLOS) should be amended to provide clearer and more specific guidelines for the protection of whales and other marine species. New protocols could focus on sustainable fishing practices, the reduction of plastic waste, and the implementation of stricter penalties for countries that fail to meet oceanic environmental standards. UNCLOS could also include a more robust system for monitoring and enforcing whale protection laws, ensuring that states are held accountable for compliance.

5. Promoting Global Cooperation on Climate Change

Climate change is undeniably one of the most significant long-term threats to marine life. Legal frameworks should encourage greater international cooperation on climate change mitigation, with specific reference to protecting marine biodiversity. A global treaty on ocean conservation could include commitments from countries to address the effects of climate change on whale populations, ensuring that long-term sustainability of ocean ecosystems is prioritized.

6. Strengthening National Laws on Marine Pollution

National governments should be required to implement stricter regulations on ocean pollution, including plastic waste and chemical runoff, which are particularly harmful to whales. Laws should mandate stronger monitoring of oceanic pollution levels, encourage the development of clean energy alternatives for shipping, and require industries to take more responsibility for waste disposal.

Conclusion: The Need for Global Legal Reform to Protect Whales

The increasing number of beached whale occurrences signals a critical moment in the fight for marine conservation. The factors contributing to these events—such as sonar disruption, climate change, ship strikes, pollution, and fishing gear entanglement—demand a more cohesive and proactive global legal framework. Only through the development and enforcement of comprehensive oceanic laws, international cooperation, and national commitment can we hope to safeguard whale populations and ensure the health of our oceans.

The time has come to reimagine global environmental laws and strengthen protections for marine life. Only with robust legal frameworks can we ensure that whales, and other species that rely on healthy oceans, continue to thrive for generations to come.

Subscribe for Full Access.