Update Jan. 10
Massachusetts’ top elected official is taking a stand against the proposed federal rule designed to protect the critically endangered North Atlantic right whale, noting that the rules could have a significant economic impact on the Islands region.
Gov. Maura Healey sent a letter to Richard Spinrad, National Oceanic and Atmospheric Administration (NOAA) administrator, on Dec. 23 expressing her “strong opposition” to the proposed vessel speed rule proposed by the federal agency. She specifically called for an exemption for Vineyard and Nantucket sounds, which are on Steamship Authority routes.
“Massachusetts has long been a leader in North Atlantic right whale protection efforts, and has the most stringent state regulations to protect right whales in the country,” Healey wrote. “At the same time, we must ensure our island communities can still rely on the ferry service that is vital to their economy and emergency response. The inclusion of Nantucket and Vineyard sounds in this proposed action would not meaningfully increase protection for this endangered species, but would have devastating impacts on residents and businesses on Cape Cod and the Islands.”
NOAA had introduced the amended rule in 2022 as a way to reduce the number of vessel strikes inflicted on right whales, which, along with entanglement in fishing gear, the agency lists as a leading cause of death for the species.
The federal agency’s proposed rule would require vessels 35 feet or longer to travel at at most 10 knots (around 11 mph) during certain times of the year in waters designated as “seasonal management areas”; the existing zone for speed restrictions would also be increased across the U.S. East Coast from near Cape Cod Bay to Currituck Sound in North Carolina.
The seasonal management areas — which include Vineyard Sound and Nantucket Sound — would force vessels to slow down between Nov. 1 and May 30. NOAA’s rule expansion would also implement temporary mandatory speed restrictions when whales are detected in locations outside the seasonal management areas.
Healey, in her letter, noted that she has taken actions advocating for protecting the critically endangered right whale, a species with around 372 individuals remaining. Last year, Healey declared April 24 as Massachusetts Right Whale Day to promote right whale conservation. In 2019, when she was still attorney general, Healey called on New England governors and Eastern Canadian premiers to make a concerted effort to reduce the dangers that fishing gear and vessels pose to the species.
But in her letter, Healey also said that the state Office of Coastal Zone Management had objected to the proposed rule on Sept. 18 for lacking “sufficient information” that Vineyard or Nantucket Sounds were “either a migratory corridor or a feeding ground for right whales.” Additionally, she said no vessel strikes have been documented in either sound, “despite the relatively high volume of vessel traffic.”
Marine researchers have noted that there may not have been documentation of right whales congregating in Steamship travel lanes, but they say it isn’t black and white. “To date, it has not been an area of large right whale concentration,” said Charles (“Stormy”) Mayo, scientist emeritus and former director of the Center for Coastal Studies’ right whale ecology program.
However, Mayo said it was impossible to say a right whale has never been or will never be in an area. Right whales don’t swim in a rigid lane, so they may explore unexpected areas. Mayo recounted that he had worked with a right whale that swam up the Delaware River.
Christy Hudak, associate scientist with Coastal Studies’ right whale ecology program, told The Times that Vineyard and Nantucket sounds do have some areas of deeper waters of around 20 meters, or just over 65 feet deep, that a right whale would have no problem swimming through. She also pointed to how right whales have been known to swim into relatively shallow waters, like Barnstable Harbor or Provincetown Harbor. And right whales have swum through Cape Cod Canal, which has a depth of 32 feet at its lowest points, according to the U.S. Army Corps of Engineers.
The Steamship Authority has stated that restricting the speed will reduce the amount of trips it can provide to the Islands, which transport visitors, workers, and vital products like food and medicine. The Steamship’s traditional ferries travel at 12 to 13 knots (around 13.8 mph to 14.96 mph), while its high-speed ferry travels at 30 knots, or just over 34 mph, on Vineyard and Nantucket Sounds. The ferry line had also opposed the proposed rule, saying there had been no right whale sightings on its routes during its decades of service.
Additionally, the state Office of Coastal Zone Management found NOAA to “substantially underestimate the economic impacts of the proposed rule” and the federal agency’s data to be “not comprehensive.”
Nantucket, which is farther out at sea, would likely take a harder economic hit if the rules are passed, compared with Martha’s Vineyard. The Nantucket Current reported that Nantucket officials paid $43,000 to the UMass Donahue Institute to study the proposed rule’s impact on their island, which found the community would lose $286 million and around 1,500 jobs.
Healey isn’t the only Massachusetts lawmaker who has opposed the proposed vessel speed reduction. In July, The Times confirmed that Congressman Bill Keating also wanted Vineyard and Nantucket sounds to be exempt from the proposed rule.
And lawmakers from other states have made efforts to hinder the proposed rule.
Still, the proposed rule has had support that can be seen in the public comments in regulations.gov, where advocates called for right whales to be protected. New England Aquarium released a study last year stating that a 10-knot speed restriction in a wider area than what currently exists was essential to protecting whales from vessel strikes.
“Overall, it is a really good rule,” Hudak said, saying efforts were needed to reduce the chance of vessel strikes harming right whales.
Healey highlighted in her letter various ways Massachusetts has worked to protect right whales, like mandating weak buoy lines, and plans to study right whale movement patterns.
“We remain committed to these conservation efforts, and are concerned that the proposed speed rule is not supported with adequate evidence of the protection of right whales,” Healey wrote. “Our coastal communities recognize and value NOAA’s scientific and conservation leadership. I urge NOAA to consider further revisions to the proposed rule, or provide exemptions for Vineyard and Nantucket Sounds.”
Mayo said this was a complicated issue, but he was confident if NOAA worked with conservationists and industries, a “fair conservation strategy” could be developed as long as it was based on “good technical data.”
NOAA’s proposed amendment is currently listed by the U.S. Office of Information and Regulatory Affairs as being in the “final rule” stage, which means NOAA will be analyzing public comments to determine whether to approve the change, issue a new or modified proposal, or withdraw the idea.
Updated with comments from Charles (“Stormy”) Mayo and Christy Hudak.
