U.S. considers changing regulations designed to protect North Atlantic right whales

The United States is proposing to change regulations designed to prevent ships from striking the critically endangered North Atlantic right whale along the East Coast.

The country's National Oceanic and Atmospheric Administration (NOAA) did not specify what changes might be made, but said modern technology has the potential to prevent collisions between ocean vessels and whales while also allowing ships to meet industry needs.

"This action is an important step in implementing the President's vision of adopting modern technologies, supporting American industry, and promoting efficient and effective regulations," said Neil Jacobs, NOAA administrator, in a March 4 press release.

The agency is seeking external input on how it can limit "unnecessary regulatory and economic burdens" caused by speed reductions introduced for larger vessels in 2008.

However, experts say technology isn't advanced enough to effectively prevent collisions with whales on its own.

"The new technology doesn't quite exist," said Sean Brillant, marine program co-ordinator with the Canadian Wildlife Federation. "It's a great idea that we should be looking for it, but in the meantime, it's not a time to deregulate what actions we do have now."

Brillant said technologies like satellites, thermal imaging and aerial, drone or boat-based surveys can all contribute to the detection of whales, but they don't help with preventing collisions because they can't predict the animal's direction of travel. 

Moira Brown, director of science at the Canadian Whale Institute, said infrared cameras mounted on ships can detect whales and whale blows in the distance, but are still in their experimental phase. While the technology has potential, it has a narrow field of vision and cannot be used on its own to prevent collisions with whales.

"I think it would be great if the new technologies were brought in in addition to the speed rule because that would give added protection," said Brown. She also said that, while speed limits themselves are not effective enough on their own, the proposal to change them is a "huge conservation setback."

In fact, NOAA released a report in 2020 evaluating the effectiveness of the speed limit regulations, which require ships measuring 20 metres or longer to slow to a 10 knot speed at certain locations and in certain times.

The report found the number of whale mortalities reduced since the regulations were put in place, but more work needed to be done. It recommended the regulations be strengthened by increasing enforcement, expanding their application to smaller vessels and adjusting times and locations of certain speed limits.

Captain Bob Peacock has been a ship pilot in Maine for 50 years, and in that time has never hit a North Atlantic right whale. Peacock said the key is to follow the speed limits and to communicate.

"It's an effort that, God willing we all work together, it really pays off in the long run and that's one of the reasons that we've been successful," Peacock said.

If NOAA changes speed regulations, Peacock said he'll still continue to direct ships to travel at 10 knots. As for technology, Peacock said drones have shown they can spot whales, but that eyes and ears continue to be the best tool. It remains a guessing game to avoid colliding with the whale's path, he said, so slowing down and working with people who know the area is important.