Protect Critically Endangered North Atlantic Right Whales from Vessel Strikes

With fewer than 350 individuals remaining, the North Atlantic right whale has not recovered.  Because their survival is impeded by vessel strikes, NOAA enacted the ship strike speed rule requiring vessels 65 feet and larger to slow to 10 knots or less during the seasons right whales are expected to be present in designated areas along the East Coast.

Data from NOAA’s National Marine Fisheries Service clearly show that the vessel speed limits reduced the chance of a lethal strike of critically endangered North Atlantic right whales by close to 90% and there have been no reported cases of human injury or vessel groundings/collisions as a result of these speed restrictions.

However, since the rule first was implemented, right whales have shifted their habitats in a changing climate, putting them at risk in areas not covered by the current rule.  The Agency’s own data indicate that nearly half of all fatal right whale vessel collisions have involved vessels under 20 meters and voluntary dynamic management areas rarely result in vessels slowing down.

Therefore, we strongly support NOAA’s proposed rule to:

• Increase the size and duration of the Seasonal Management Areas
• Mandate slow downs in dynamic management areas
• Apply this rule to vessels > 35 feet in length
• Update its process to enable safety deviations as outlined in the proposed rule

In addition, we believe that NOAA must consider the disproportionate vulnerability of mothers and calves to vessel strikes, provide better protections to whales in year-round habitats and those transiting between Southern New England and the Gulf of St. Lawrence, and improve its ability to monitor and enforce this rule.

Therefore, we urge NOAA to:

• Modify its Dynamic Speed Zone framework from a visual detection trigger of three whales to one which would also be triggered by the sightings of a mother and calf right whale pair
• Modify the southern new England portion of the Atlantic Zone to a year round speed zone area
• Make the dates of the Great South Channel speed zone consistent with the Atlantic Zone and extend it northeast to the Hague line
• Provide year round acoustic and visual detections throughout the Gulf of Maine, especially in areas where offshore energy is being considered, to trigger Dynamic Speed Zones when and where they are needed
• Require AIS on vessels 35 feet and above
• Include permitted disentanglement vessels in the exemption clause

Most importantly, we ask that NOAA implement these protections without any further delay. North Atlantic right whales need immediate protections, and we urge you to take action now!