Feds Sued to Force Them to Protect Endangered North Atlantic Right Whales From Vessel Strikes

The agency has not responded to either petition. The petitions ask the Fisheries Service to expand the areas and times when its existing 10-knot speed-limit rule applies, to make all voluntary vessel-speed restrictions mandatory, and to apply the rule to small vessels (shorter than 65 feet) as well as large ones to avoid collisions that kill and injure right whales.

“We need to have slowdowns in right whale danger zones just like we have lower speed limits near schools,” said Jane Davenport, a senior attorney at Defenders of Wildlife. “Last year boat strikes killed a newborn and a six-month-old. Each of these tragic deaths robs the mother of her baby and the species of its future. It’s past time for the Fisheries Service to act on these common-sense speed limits.”

North Atlantic right whales are among the world’s most imperiled marine mammals, with only about 360 animals alive today. Thirty-two right whales have been found dead since 2017, and the Fisheries Service believes at least another 14 have died, or will die, from existing injuries. The agency estimates the actual number of deaths each year is likely much higher, since most dead whales sink.

“Roughly half of all right whale deaths are because they are run over and killed by speeding boats, and this unprecedented delay is only making matters worse,” said Erica Fuller, a senior attorney at Conservation Law Foundation. “It shouldn’t take a lawsuit to force regulators to make the common-sense decision to reduce vessel speeds in areas where right whales are present. The new administration must act quickly and avoid repeating the same mistakes of the Trump years.”

The existing speed rule applies only to vessels 65 feet and longer and sets seasonal speed limits off Massachusetts, the mid-Atlantic and the whale’s calving grounds in Georgia and Florida. It also establishes a voluntary, dynamic management system whereby vessel operators are asked, but not required, to slow to 10 knots or less when a group of three or more right whales is seen in an area.

“We can’t just sit by while right whales continue to get run over and killed by ships as the agency does nothing about it,” said Kristen Monsell, oceans legal director at the Center for Biological Diversity. “The clock is running out for right whales, and further delay is unacceptable. Slowing ships will speed up right whale recovery by avoiding deadly collisions where these whales feed and raise their young.”

The groups filed the lawsuit under the Administrative Procedure Act. The agency has 60 days to respond.

WDC, Whale and Dolphin Conservation, is the leading international charity dedicated solely to the worldwide conservation and welfare of all whales, dolphins, and porpoises.

Defenders of Wildlife is dedicated to the protection of all native animals and plants in their natural communities. With over 1.8 million members and activists, Defenders of Wildlife is a leading advocate for innovative solutions to safeguard our wildlife heritage for generations to come.

Conservation Law Foundation is a regional, nonprofit organization that protects New England’s environment for the benefit of all people. We use the law, science and the market to create solutions that preserve our natural resources, build healthy communities, and sustain a vibrant economy.