Federal regulators want to roll back protections for the severely endangered North Atlantic right whale, replacing seasonal speed limits with technology that tells boats if one of the lumbering giants — or their calves — is nearby.
The problem is, the technology hasn‘t been fully developed and proven to work, marine conservationists said.
The National Marine Fisheries Service on Wednesday said the decades-old rule, which requires certain vessels to move at slower speeds in waters along the East Coast where right whales give birth and migrate, has negatively affected the economies of coastal communities and marine-based commerce.
The agency, an office of the National Oceanic and Atmospheric Administration and commonly known as NOAA Fisheries, wants to use “advanced, technology-based, strike-avoidance measures” that it said would “maintain or enhance” conservation for the mammals.
Credit: AP
Credit: AP
“The agency intends to craft durable programs that consider both conservation and the economic vitality of coastal communities,” according to the proposal, posted in the Federal Register on Wednesday.
Critics argue the changes would come at a time when the right whale population is at a critical juncture and could use stronger protections instead. What’s more, a document released last year from NOAA Fisheries showed none of the technology the agency wants to use is actually commercially ready.
“This is very ‘cart before the horse,’” said Greg Reilly, Southeast marine campaigner for the International Fund for Animal Welfare.
“I suspect any company that has a product that’s ready would be screaming that from the rooftops, and I haven’t heard it,” he said.
Reilly stressed that conservationists promote technology that would help protect whales and other marine life. Conservation organization Oceana is working with a company to deploy a system that would directly communicate whale detections and sightings with offshore vessels.
“The ability to communicate … in near real time to other vessels is critical to tech being a tool that’s useful across the coast,” Reilly said.
There are roughly 380 right whales believed to be left, making them one of the rarest species on Earth. Researchers have spotted more than 20 calves off the Southeastern U.S. coast in recent months, the largest number in more than a decade.
But the species continues to experience what’s known as an “unusual mortality event,” which means 20% of the population is sick, killed or injured every year.
Credit: Special
Credit: Special
Boat strikes and commercial fishing gear present the highest risks to the mammals, whose females migrate to the Southeast from Canada in the winter months and give birth in waters that stretch from North Carolina to near Cape Canaveral, Florida. Warming waters caused by climate change have created new threats, including a reduction or change in their food sources, causing the whales not to be as healthy and fat.
NOAA Fisheries looked to expand the 2008 rule that requires boats 65 feet and longer to travel at speeds that do not exceed 10 knots, or nautical miles per hour. The agency at the time wanted to include boats 35 feet and longer as well as widen the area that is protected.
That same agency is reversing course now. The move is in line with the Trump administration’s goal to reduce regulations the White House says interfere with business. President Donald Trump also has undone most climate regulations from the Biden administration.
“(The announcement) is not a surprise in the context of the Trump administration and their push to deregulate activities in the oceans and across the world,” said Gib Brogan, a fisheries campaign director at Oceana.
Brogan said there can be adequate protections in place for the mammals that also let commerce continue without issue. The challenge is finding that balance, especially as the current situation for the right whales remains stark.
If federal agencies and others can find a way to reduce right whale deaths, the population could recover, he said.
“We need to find the political will to do what’s necessary and find the strategies that allow human activities to be done in a responsible way that provides for the whales’ recovery,” he said.
The proposed rule’s 90-day public comment period ends June 2.
A note of disclosure
This coverage is supported by a partnership with Green South Foundation and Journalism Funding Partners. You can learn more and support our climate reporting by donating at AJC.com/donate/climate.
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