A coalition of environmental groups has sued the federal government in an attempt to force the finalization of ship speed rules that the groups say are critical to saving a dying whale species.
Proposed ship speed rules would require ships off the East Coast to slow down more often to save North Atlantic right whales. The number of whales, numbering fewer than 360, has been declining in recent years, mainly due to collisions with ships and entanglement in commercial fishing gear.
Environmental groups filed a motion Tuesday in federal court asking that a suspended lawsuit over vessel speed rules be allowed to proceed. Group members have criticized the federal government for delays in publishing the final rule and say they want to enforce the deadline through litigation.
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“The federal government has known for years that right whales urgently needed expanded ship strike protection, but it has repeatedly delayed doing so,” one of the groups participating in the lawsuit said. said Jane Davenport, senior attorney at Defenders of Wildlife.
The National Oceanic and Atmospheric Administration has released proposed vessel speed rules for summer 2022. The rule expands the low-speed zone off the East Coast that requires sailors to slow down. Also, more ships will be needed to comply with these rules.
NOAA spokeswoman Andrea Gomez said the agency is still working on finalizing the rules. Gomez said the agency could not comment on the lawsuit itself.
A North Atlantic right whale is seen near an International Fund for Animal Welfare research vessel in Cape Cod Bay off the coast of Massachusetts on March 27, 2023. (AP Photo/Robert F. Bukati, NOAA Permit No. 21371)
“NOAA Fisheries plans to take action in 2023 on a proposed rule modifying speed limits for North Atlantic right whale fishing vessels, but the rulemaking process is still ongoing,” Gomez said.
Members of environmental groups said recent injuries and deaths by right whales migrating along the East Coast were part of their motivation to file the court papers. A right whale found dead off the coast of Massachusetts in January had signs of chronic entanglement in fishing gear, NOAA officials said. The agency announced Wednesday that analysis of the gear showed the rope matched the type used in Maine waters and that the whale traveled in an entangled manner.
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Environmentalists, commercial fishermen and the federal government have also fought in court for years over laws designed to protect whales from entanglement.
Right whales were once abundant off the East Coast, but their numbers have declined dramatically during the era of commercial whaling. In recent years, scientists have said that climate change is posing a threat to whales, as changes in the location of their prey cause them to deviate from marine protected areas.
“It is heartbreaking and beyond frustrating to watch North Atlantic right whales get injured while federal agencies drag their feet on speed limit regulations,” the lawsuit says. said Katherine Kilduff, a senior attorney at the Center for Biological Diversity, another organization.
