North Atlantic Right Whale

Defenders of Wildlife v. Carlos Gutierrez


Species Background:

Herman Melville once noted that Right whales are perhaps "the most venerable of the leviathans" because they were one of the first species regularly hunted for their copious oils and baleen. Indeed, the right whale was such an easy and valued target that the whales were nearly hunted to extinction before the turn of the twentieth century. Today, despite over thirty years of domestic and international legal protection, the North Atlantic right whale has not recovered. The North Atlantic right whales – who make their home off the east of United States from Maine to Florida – spend a considerable amount of time in waters traversed by thousands of ships and blanketed with fishing gear. As a result, the whales are continuously threatened with ships strikes and entanglement. In fact, human activities cause at least 50% of all known right whale mortalities; ship strikes alone account for 38%.

The threat from ship strikes in particular has escalated recently and now appears to be jeopardizing the continued existence of the species. In 18 months between 2004 and 2006, 8 right whale deaths were reported, at least 4 of which were confirmed or suspected to be the result of ship strikes. The loss of 8 whales in less than a year and a half represents nearly 3 times the annual average. Even more disturbing, 6 of these 8 whales were reproductively mature females, 3 of which were carrying near-term fetuses at the time they were killed.

Case Background:

Despite the spike in whale ship strikes and the growing threat posted by increasing numbers of ships and expected increase of ship size and speed, the National Marine Fisheries Service (“NMFS”) and the Coast Guard have failed to take necessary steps to ensure the species’ survival and recovery. The implementation of protective measures has been considered by NMFS since 2000 but no action has been taken.

Defenders and co-plaintiffs filed suit in 2006 challenging NMFS’s refusal to promulgate emergency regulations to reduce the likelihood of ship strikes and the Coast Guard’s failure to meet its obligations under the Endangered Species Act to consult with NMFS on the effects of designating shipping lanes within right whale habitat.

NMFS refused to issue interim speed limits as permanent rulemaking stalled in the Office of Management and Budget for over a year. In response, Defenders filed a petition for emergency rulemaking, which NMFS denied. On June 26, 2008, Defenders filed a new lawsuit challenging both the agency’s denial of our renewed petition, and its prolonged delay in finalizing permanent regulations.

Related documents:

Complaint
Opinion
Defendant’s Response to Court’s Notice on Timing
Defendant’s Affirmation to Court’s Notice on Timing
Petition Complaint (6/26/2008)

Status:


Active

Co-filers:


Humane Society of the United States and The Ocean Conservancy