Conservation of endangered right whales faces 'serious setback' as U.S. drops proposed rule

A recent decision by the U.S. government to drop a proposed rule aimed at protecting endangered North Atlantic right whales is "incredibly disappointing" to a Massachusetts-based conservationist. 

"This is a serious setback to preventing the extinction of this critically endangered species," said Dr. Jessica Redfern, the associate vice president of ocean conservation science at the New England Aquarium. 

With only an estimated 370 North Atlantic right whales left — just 70 of which are breeding females — the species is at serious risk of extinction. However, U.S. officials said there was no way to implement the proposed changes before the inauguration of Donald Trump.

The rule, introduced more than two years ago by the National Marine Fisheries Service, the U.S. federal agency tasked with managing marine life, would have required more ships to slow down in East Coast waters to help prevent collisions with the whales.

Since introduced, the proposal has been the topic of much debate among shippers, commercial fishermen and wildlife conservationists, who all have a stake in the fate of the whales, which are vulnerable to collisions with ships.

Proposal could've made a difference

Redfern pointed out three key changes in the proposed rule that could have significantly improved protections for the whales.

First, the rule would have expanded the areas and duration of speed restrictions to better align with right whale habitats, including areas where past ship strikes occurred, she said. 

Conservation groups have said that these changes are essential, particularly as warming ocean waters push the whales to stray from existing protected zones.

Second, the rule would have extended speed restrictions to smaller vessels.

"That was also critically important, because there have been at least five documented strikes by smaller vessels, and three of these were after 2020," Redfern said.

Third, the rule sought to make dynamic speed zones mandatory rather than voluntary. Redfern said there's been two decades of research on both coasts showing little cooperation with voluntary slow zones.

Since the rule was proposed, at least four whales have died and five others have been injured due to vessel strikes in U.S. waters, showing how urgent the situation is, she said.

"It's important, though, that we don't lose hope.

"The scientific evidence says that if we can reduce human caused mortalities, this species can come back from extinction, but we do need those actions to protect the two main sources of mortality, which are vessel strikes and entanglement in fishing gear."

Balancing conservation and industry

The National Marine Fisheries Service received about 90,000 public comments on the proposed rule, according to documents published last week in the Federal Register. 

Officials said the volume of feedback and the complexity of the issue made it impossible to finalize the rule before the Biden administration left office. 

Conservation groups such as the aquarium are committed to finding solutions that balance environmental protection with the needs of industries, Redfern said

"We don't want island communities to be hurt by reductions in ferry services. We don't want to see fishing communities harmed by changes in fishing practice," she said.

"We're committed to really working with industry, both the maritime industry as well as the fishing community, to find solutions that promote responsible use.

"And we're defining responsible use as use that occurs in a way that protects species but also keeps industry alive."

It's important, though, that we don't lose hope. The scientific evidence says that if we can reduce human caused mortalities, this species can come back from extinction.- Jessica Redfern, the New England Aquarium 

The aquarium plans to continue collaborating with fishing communities to develop technologies that reduce entanglements and to communicate with the maritime industry about reducing vessel strikes, she said. 

"We are also going to continue working with lawmakers, both locally, nationally and internationally, to develop science-based protections for the whales."