[Federal Register Volume 59, Number 247 (Tuesday, December 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31645]
[[Page Unknown]]
[Federal Register: December 27, 1994]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 222
[Docket No. 941126-4326; I.D. 112294A]
North Atlantic Right Whale Protection
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Advance notice of proposed rulemaking (ANPR).
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SUMMARY: This document is in response to a petition requesting the
issuance of regulations that will establish specific protection zones
around every northern right whale (as well as around all other whales).
It solicits public comment and information to assist in determining the
need for and types of conservation measures that would be effective in
minimizing human-induced disturbance of and harmful interaction with
northern right whales.
DATES: Written comments must be received on or before February 27,
1995.
ADDRESSES: Comments on this ANPR should be addressed to Chief, Marine
Mammal Division, Office of Protected Resources, National Marine
Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910.
FOR FURTHER INFORMATION CONTACT: Margot Bohan or Michael Payne, Office
of Protected Resources, 301-713-2322.
SUPPLEMENTARY INFORMATION:
The western North Atlantic population of northern right whales
(Eubalaena glacialis) is estimated to consist of 300-350 animals.
Although protected by international agreements for over 50 years, the
growth rate of this population remains at an extremely low level
relative to the growth rates of right whale populations in the southern
hemisphere that have been similarly protected (Kraus, 1990). It has
been suggested that both natural and human-induced factors are
responsible for the absence of measurable growth in the northern right
whale population.
One human-induced factor thought to be a substantial threat to the
recovery of the northern right whale, as identified in the Recovery
Plan for Northern Right Whales (NMFS, 1991), developed under section
4(f) of the Endangered Species Act (ESA), 16 U.S.C. 1533(f), is
disturbance by vessels. Northern right whale behavior occurring at the
water's surface, such as resting, skim feeding, and courtship, makes
them susceptible to disturbance by vessels. Further, it appears that
vessel traffic has a measurable effect on large whales, including right
whales. These effects include overt changes in direction of swimming,
changes in respiration patterns, changes in dive time/surface time
ratios, and changes in acoustic behaviors. In particular, right whale
cows with calves and single long-diving whales appear to be sensitive
to sound and have been observed to avoid boats (Kraus and Mayo, unpubl.
data). Finally, turbulence associated with vessel traffic may also
indirectly affect northern right whales by breaking up the dense
surface zooplankton patches in certain whale feeding areas.
On October 5, 1994, NMFS received a petition from Greenworld, Inc.
requesting that, in order to address this perceived problem, NMFS issue
regulations establishing a 500-yard (yd) (460 meter(m)) radius
protection zone around every right whale and, citing the similarity of
appearance provision of section 4(e) of the ESA, 16 U.S.C. 1533(e), a
100-yd (90m) radius protection zone around all other whales. The
petition also suggested that any vessel approach of a right whale
closer than 500-yds (or 100-yds for other whales) be considered an
incidental take under the ESA.
NMFS has previously received information suggesting similar
actions. During the comment period following the proposed rule to
designate critical habitat for the right whale (final rule at 59 FR
28793, June 3, 1994), several commenters recommended that a distance
buffer be established around each right whale. To allow whales to avoid
oncoming vessels and vessels to avoid whales, commenters indicated
that, at the time of critical habitat designation, restrictions or
modifications of shipping lanes and shipping practices needed to be
made. Another commenter suggested that a minimum vessel approach
distance of 100-300m be established around right whales. Finally, a
commenter recommended that NMFS establish a 500m radius protection zone
around every right whale in every area designated as critical habitat,
and prohibit any person from knowingly entering or remaining within
this zone. This commenter noted that such a buffer would be consistent
with rules already adopted by NMFS, citing, as examples, the minimum
distance rules for humpback whales (Megaptera novaeangliae) in Hawaii
(50 CFR 222.31) and the 5.5km (5500m) zone established around Steller
sea lion rookeries and major haulouts in Alaska (50 CFR 226.12). The
commenter further explained that right whale protective zones for the
areas proposed to be designated as critical habitat in Cape Cod Bay and
Stellwagen Bank would be consistent with existing Massachusetts
regulations (322 CMR 12.00 et seq.), which implement a 500-yd buffer
zone between right whales and vessels and prohibit activities of
vessels that negatively impact right whales within Massachusetts
waters. (Critical habitat for the northern right whale was designated
by final rule published on June 3, 1994 (59 FR 28793).)
In light of the petition and comments, NMFS is soliciting
information from the public which confirms or rebuts the proposition
that disturbance from directed vessel interaction, other than
collisions, can cause harm to right whales that is detrimental to
recovery of the species. Assuming disturbance from vessel interaction
may be harmful, NMFS seeks suggestions of appropriate measures to
minimize the harmful effects of directed vessel interactions on
northern right whales, including possible exceptions and variations.
References
Kraus, S.D. 1990. Rates and Potential Causes of Mortality in North
Atlantic Right Whales. Mar. Mam. Sci. 6(4):278-291.
Marine Mammal Commission. 1994. Annual Report of the Marine Mammal
Commission, Calendar Year 1993. Report to Congress. 240 pp.
National Marine Fisheries Service. 1991. Recovery Plan for the
Northern Right Whale, Eubalaena glacialis. Prepared by the Right Whale
Recovery Team for the National Marine Fisheries Service, Silver Spring,
MD. 86pp.
Dated: December 19, 1994.
Charles Karnella,
Acting Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 94-31645 Filed 12-23-94; 8:45 am]
BILLING CODE 3510-22-F
