North Atlantic Right Whales
NOAA
North Atlantic right whales have been on the Endangered Species List since 1970. Their habitat and migration routes are close to major ports along the Atlantic seaboard and often overlap with shipping lanes, making the whales vulnerable to collision with ships and other vessels.
In order to protect the whales, the National Marine Fisheries Service (NMFS) in 2004 announced it was considering both regulations and non-regulatory measures to implement a strategy to reduce ship strikes of right whales. The Coast Guard analyzed vessel routing measures identified by NMFS in a port access route study (PARS).
The Coast Guard enforces the Marine Mammal Protection Act (MMPA), the Endangered Species Act, and the regulations issued under those statutes. The reauthorization of the Coast Guard and Maritime Transportation Act of in 2004 included that the Coast Guard shall cooperate with the National Oceanic and Atmospheric Administration (NOAA) in analyzing potential vessel routing measures for reducing vessel strikes of North Atlantic Right Whales, and would provide a final report within 18 months. As part of its Strategy development, and consistent with section 626 of the 2004 MMPA, NMFS asked the Coast Guard for assistance in its ship-strike rulemaking by conducting a Port Access Route Study (PARS) completed in 2006.
In analyzing potential vessel routing measures for reducing vessel strikes of North Atlantic right whales, the Coast Guard and NOAA agreed the PARS would be narrower in scope than a routine PARS because the Coast Guard did not consider economic impacts. NMFS considered economic impacts as part of its strategy and provided research papers for Coast Guard review, as well as advised the Coast Guard on right whale habitat and migration patterns.
NMFS considered that routing measures were an essential component of its Ship Strike Reduction Strategy because such measures could reduce exposure of right whales to ships and reduce the likelihood of a ship strike to the extent practicable, while minimizing adverse impacts on the shipping industry. During consultation between the Coast Guard and NMFS, they determined that five routing measures merited further review: fairways, two-way routes, Traffic separation schemes (TSS), a recommended route, and a recommended track. NMFS addressed speed restrictions separately and not as part of the PARS.
Two precautionary areas and six, two-way routes were created for the Southern region of Georgia and Florida. For the Northern region of Massachusetts, the Coast Guard recommended creation of two precautionary areas, three, two-way routes, a two-way recommended track and a realignment of the pre-existing TSS. After additional consideration and given the elevated risk of lethal vessel strike in the Gulf of Maine’s Great South Channel, an Area To Be Avoided (ATBA) was proposed by the United States to the IMO in March 2008 with implementation in 2009.
A combination of non-regulation and regulatory actions have taken place since the PARS for continued protection of the North Atlantic right whales through domestic and international rule making:
Vessel speed restrictions – NMFS requires all vessels 65 feet or longer must travel at 10 knots or less in seasonal management areas along the east coast at certain times of the year to reduce the threat of ship collision with endangered North Atlantic right whales. The purpose of this regulation is to reduce the likelihood of deaths and serious injuries to endangered North Atlantic right whales that result from collisions with ships.
Seasonal management areas – NMFS defined specific areas in the Northeast, mid-Atlantic and Southeast that require mandatory ship reporting and vessel speed restrictions along the migratory route, calving and nursery grounds of right whales.
Dynamic management areas (DMAs) – Voluntary DMAs may also be established by NOAA Fisheries Service. Mariners are encouraged to avoid these areas or reduce speeds to 10 knots or less while transiting through these areas. NOAA Fisheries Service announces DMAs to mariners through its customary maritime communication media.
Vessel routing – To minimize vessel collisions with endangered right whales, two-way routes were established during winter/spring feeding season in Cape Cod, and during winter calving in Georgia and Florida.
Mandatory Ship Reporting – Self-propelled ships 300 gross tons or greater must report when entering designated right whale reporting areas along the U.S. east coast. Mandatory ship reporting systems were proposed by the Coast Guard and the U.S. Department of Transportation, and adopted by the IMO, and the Maritime Safety Committee at its 70th session December 7, 1998. Funding to operate and administer the mandatory ship reporting system is shared by the U.S. Coast Guard and NMFS.