Govind Tekale
Conservation groups have stepped into a legal battle to defend speed limits that protect North Atlantic right whales from deadly vessel strikes. The Center for Biological Diversity, Defenders of Wildlife, Whale and Dolphin Conservation, and Conservation Law Foundation filed a motion to intervene as defendants on behalf of NOAA Fisheries in a case challenging the agency’s 2008 vessel speed rule.
The case was brought by a vessel captain who was fined for knowingly violating seasonal speed limits. The captain claims NOAA Fisheries lacked the authority to issue the rule and is asking the court to prevent the agency from enforcing penalties against both the captain and vessel owner.
Critical Protection for a Dwindling Population
North Atlantic right whales face a grim reality. Their population has shrunk to approximately 370 individuals, with fewer than 70 reproductively active females remaining. This alarming decline is driven primarily by vessel strikes and fishing gear entanglements.
“It would be deadly to North Atlantic right whales to take away one of the few protections they have from human-caused threats like ship strikes,” said Kristen Monsell, oceans legal director at the Center for Biological Diversity. “No one wants to doom a magnificent whale species to extinction, but that’s what could happen if ships speed up and more right whales are hit.”
The impact of vessel strikes has been particularly devastating in 2024 alone, with reported deaths including a newborn calf, a juvenile female, and a mother-calf pair. Even non-fatal strikes leave whales with severe injuries that can affect their ability to survive and reproduce.
The Speed Rule Under Attack
The 2008 vessel speed rule requires seasonal slowdowns for vessels 65 feet and longer in critical right whale habitats along the East Coast. These areas are where right whale populations and vessel traffic overlap seasonally.
Jane Davenport, senior attorney for Defenders of Wildlife, emphasized, “The 2008 vessel speed rule is firmly grounded in the science and the law. An attack on the 2008 vessel speed rule is an attack on the wildlife laws that Congress specifically enacted to save species like the right whale from extinction. It’s life or death.”
https://www.karmactive.com/the-north-atlantic-right-whale-population-sees-a-glimmer-of-hope-with-11-newbThe vessel captain challenging the rule reportedly sped a motor yacht over 100 feet long through multiple seasonal speed zones during right whale calving season for more than 200 nautical miles over two days in December 2022.
Why Speed Restrictions Matter
Right whales are notoriously difficult to spot due to their black color and lack of dorsal fins. While future technologies might enhance detection and reduce collision risk, currently, speed restrictions remain the only effective way to minimize deadly collisions.
“The speed rule is essential in protecting right whales and its value should be assessed based on the risk they face,” explained Regina Asmutis-Silvia, Whale and Dolphin Conservation North America executive director. “Right whales live in a Hunger Games lottery where the odds of any single boat hitting a whale may be low but the odds of a right whale being struck and killed by a speeding boat are astronomically high.”
Conservation groups have advocated to expand the 2008 rule based on scientific evidence showing the need for additional vessel strike protections.
The case is currently in federal district court for the Middle District of Florida, Tampa Division.
