Conservation groups aim to defend NOAA vessel speed limit in court

A North Atlantic right whale
There are only roughly 370 North Atlantic right whales left, and according to NOAA Fisheries, the main threats to the species are vessel strikes and fishing gear entanglements | Photo courtesy of Jim Madigan/Shutterstock
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Conservation groups are attempting to step in to defend a 2008 vessel speed rule designed to protect North Atlantic right whales from vessel strikes, arguing that the speed limits are vital to saving the endangered species.

“This speed rule is the only one that protects the few remaining right whales from deadly vessel strikes," Conservation Law Foundation Senior Counsel Erica Fuller said in a statement. "Undermining the rule will set a dangerous precedent that risks the survival of endangered right whales and countless other marine mammals and vulnerable species. Our responsibility to protect these creatures extends beyond policy; it’s a commitment to preserving the health of our oceans for generations to come.”

The 2008 rule is being challenged in the Middle District Court of Florida by a vessel captain who was fined USD 14,250 (EUR 13,190) for knowingly violating the speed limits, traveling 18 knots in a 10-knot area for over 200 kilometers in 2022.

The captain is asking the court to block NOAA Fisheries from collecting civil penalties filed against the captain and vessel owner, claiming that that neither the Endangered Species Act (ESA) nor Marine Mammal Protection Act (MMPA) gives NOAA Fisheries the authority to implement a civil penalty to enforce vessel speed limits.

Now, a trio of conservation groups Defenders of Wildlife, Whale and Dolphin Conservation, the Conservation Law Foundation, and the Center for Biological Diversity – have filed a motion to be allowed to defend the 2008 law in court from the lawsuit.

“The 2008 vessel speed rule is firmly grounded in the science and the law,” Jane Davenport, senior attorney for Defenders of Wildlife, said in a statement. “An attack on the 2008 vessel speed rule is ...


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