As congressional representative from coastal Georgia seeks to delay expansion of federal rules to protect endangered species North Atlantic right whalesConservation groups on Tuesday asked a judge to speed up the process.
The motion, filed in the U.S. District Court for the District of Columbia, calls for a Nov. 1 deadline to finalize new speed regulations in areas frequented by right whales during calving season. This includes warm waters off the coast of Georgia, where many calves are born.
US Representative Buddy Cartera Republican whose district covers Georgia’s 100-mile coast, argues that the proposed new rules would place an undue burden on pleasure boats and smaller vessels that transport port pilots to and from the cargo ships they guide through the Port of Savannah navigation channel.
“There is bipartisan agreement that we can protect endangered right whales without harming our ports and coastal communities,” Carter told members of the House Committee on Natural Resources June 27th.
Legislation introduced in 2023 by Carter and Democrat Representative Mary Peltola of Arkansas calls for a years-long delay in funding for enforcement of the new rules and the establishment of a grant program to encourage technology-based solutions to whale strikes.
Current federal regulations establish a maximum speed limit of 10 knots (11.5 mph) from mid-November to mid-June for vessels at least 65 feet long in protection zones, including a stretch from Brunswick to Wilmington, Carolina. North, an area where right whales congregate. give birth in the warm waters of the Atlantic.
In 2022, the National Division of Oceanic and Atmospheric Fisheries proposed reducing the size limit to 35 feet.
Conservation groups told the court Tuesday that they have waited long enough for the revised rule to be implemented.
“The right whale no longer has time to wait for (NOAA’s) slowness,” said Jane Davenport, senior attorney at the Wildlife Defenders. “We are watching this species’ extinction unfold in real time under this government’s watch. We are asking the court to enforce the law because (NOAA) is clearly not up to the task.”
‘Freaking on the brink of extinction’
The Atlantic teemed with around 21,000 right whales before their population was decimated by commercial whaling in the late 19th century, reducing their numbers to around 100.
NOAA has reported at least 41 right whale deaths since 2017. About 340 are believed to remain, including fewer than 70 breeding females.
Collisions with boats and entanglement in fishing nets are its main threats.
Seven deaths and “probably lethal” injuries from ship attacks have been documented since conservation groups first sued the federal government over regulations in 2021, the organizations said Tuesday.
Two right whales that were struck by ships were found dead off the coast of Georgia during the last calving season, including one whose remains were towed 20 miles to the beach on Tybee Island.
In all, NOAA has reported more than 40 right whale deaths since 2017.
“North Atlantic right whales are on the brink of extinction and the last thing they need is more delays in reducing ship speeds in some of their most important habitats,” said Kristen Monsell, legal director for oceans at the Atlantic Ocean. Center for Biological Diversity. “It has long been clear that slowing ships saves whales. … It’s time to do this before it’s too late.”
‘Balance… with public safety’
Congressman Carter, the Georgia Port Authority and other critics argue that the proposed rules would endanger boats that transport highly trained river pilots to and from ships when they are at sea. These vessels are designed to travel at higher speeds and are at risk of capsizing in rough seas, Carter said.
“We need to protect right whales, but we have to balance that with public safety and the needs of our coastal shipping economy,” Carter told the House committee.
However, the proposed new rule includes exceptions designed to address weather conditions for vessels less than 65 feet in length, including personal and commercial vessels.
Vessels may legally exceed limits when it is “necessary to maintain a safe maneuvering speed and justified because the vessel is in an area where oceanographic, hydrographic and/or meteorological conditions severely restrict the vessel’s maneuverability and the need to operate at such speed.” speed is confirmed by the pilot on board or, when the vessel does not carry a pilot, by the vessel’s commander.”
Speed standards would also be waived if the National Weather Service issues a warning that includes potential high winds (at least 39 mph).
“With this enhanced nuance in the rule providing for adverse weather and other conditions, general exemptions and exceptions are not warranted and (would) undermine the intended positive outcomes of the new rule,” explained Gib Brogan, fisheries campaign director at Oceana. .
John Deem covers climate change and the environment in coastal Georgia. He can be reached at 912-652-0213 or jdeem@gannett.com.
This article originally appeared in the Savannah Morning News: Groups go to court to pressure NOAA over North Atlantic right whale rules
