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News & Analysis | REG•WATCH Blog | Press Room
Thursday, October 09, 2008
Right Whale Protection Rule Finally Here
The National Oceanic and Atmospheric Administration (NOAA) has finalized a long-awaited rule that will protect the North Atlantic right whale, one of the planet's most critically endangered marine species. Fewer than 400 right whales are left, according to NOAA.
The rule sets a speed limit on shipping vessels traveling in the Atlantic during seasons when the right whale is most active. NOAA maintained the speed limit in its initial proposal: 10 knots. That is good news, since collisions with ships are a major threat to right whales. According to The Washington Post, "Since NOAA first proposed the regulation in 2006, at least three right whales have died from ship strikes, and two have been wounded by propellers."
However, as expected, another aspect of NOAA's final rule is weaker than originally proposed. NOAA initially proposed extending the protection area in which the speed limit would be enforced 30 nautical miles off shore. In the final rule, NOAA shrank the protection zone to only 20 nautical miles.
The smaller protection zone encompasses a smaller portion of right whale activity. From the Post:
Researchers at NOAA's Fisheries Service estimate that about 83 percent of right whale sightings in the mid-Atlantic region are within 20 nautical miles of shore, while the 30-mile limit would encompass 90 percent of all sightings.
The White House could have played a role in weakening the rule. The Office of Information and Regulatory Affairs — the arm of the White House responsible for reviewing and editing agency regulations — kept the rule under its watch for 573 days. By its own rules, OIRA is to review rules for no longer than 120 days.
During that time, several other White House offices attacked the scientific basis for NOAA's plan to protect the right whale. The office of Vice President Dick Cheney said, "[W]e have no evidence (i.e., hard data) that lowering the speeds of 'large ships' will actually make a difference." The White House Council of Economic Advisors even went so far as to rerun statistical models the agency used to come to its determination.
The White House may have been working on behalf of industry. The World Shipping Council opposed the rule, and lobbied the White House to stop it.
Indeed, a NOAA official told The Washington Post in August, ""Time is money in shipping. There was a concern about the increased cost to carriers … We accommodated that by reducing the speed zones."
At least now all this mishegas is finally over. The rule will go into effect in December. (The Ocean Conservancy has more on the areas and times of year of enforcement.) If the rule is properly enforced, it will significantly increase the right whale's chances of survival.
Posted by Matt Madia
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