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Right whale rule wrong, critics say

Friday, October 10, 2008



Three right whales spotted by Wildlife Trust surveyors off of the South Carolina coast last December.

File/Rachel Sayre/Wildlife Trust

Three right whales spotted by Wildlife Trust surveyors off of the South Carolina coast last December.

Containerships and the boats carrying harbor pilots to steer them will have to slow down when the nearly extinct right whale could be around, according to a new, hotly opposed federal rule.

The National Oceanic and Atmospheric Administration issued the rule this week after months of criticism from ports officials as well as local U.S. Coast Guard officials. The officials say slower speeds aren't safe in the narrow, windswept shipping channel.

The rule says ships longer than 65 feet must slow to 10 knots (11 1/2 mph) within 23 miles of the Eastern coastline along the whales' migration route, which includes the South Carolina coast in the winter. That's about half-speed for containerships.

The cost in lost time is estimated in the millions of dollars per year for Charleston ports, analysts say.

The right whale is the rare mammoth of the Atlantic, a huge, 40-ton creature that whalers nearly wiped out in the 19th century. Fewer than 400 are known to exist, a number so perilously low that researchers consider every living right whale vital to the survival of the species. Ship strikes are considered one of the leading causes of right whale deaths.

Nearly 40 right whales were spotted in 21 survey flights over South Carolina coastal waters last winter, according to Wildlife Trust. At least nine were considered to have spent the winter here.

Ports and pilot officials think the precautions already in place, such as alerting ships to nearby whales, are enough.

And there are significant safety concerns with the ruling. Bernard Groseclose Jr., chief executive officer of the State Ports Authority, said a vessel slowing to such a low speed won't have the same control, particularly when dealing with the winds and currents outside the harbor.

There has been no reported right whale death from a ship strike in the Charleston channel.

A humpback whale stranded in January 2006 on Cape Island near McClellanville died from an apparent ship strike.

NOAA says that, on average, two whales per year die from ship strikes.

The last reported propeller strike deaths in the Atlantic basin were four in 2006.

Local harbor pilots deferred comment to the American Pilots Association. The association is seeking a waiver under an exemption for law enforcement vessels.

"We intend to pursue this and do anything we can," said Paul Kirchner, executive director, adding he was shocked by how quickly NOAA issued the rule after the close of the comment period on it.

NOAA did take industry concerns into account, said Jackie Savitz, of the environmental advocate Oceana. The change won't be as costly as they estimate. Ocean vessels routinely adjust their times to get in and out of port anyway, she said.

"It is important to keep in mind that these whales are endangered, hard to see in the water and impact with ships is often lethal," she said in e-mailed comments. "At 15 knots, 75 percent of strikes are lethal. Going to 10 knots reduces that by two thirds to 25 percent, which shows that this is a compromise."

Allyson Bird contributed to this report. Reach Bo Petersen at 745-5852 or bpetersen@postandcourier.com.



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