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Activists still pushing for vessel speed limits

The U.S. Court of Appeals for the District of Columbia on Friday sided with environmentalists who have been trying to get the Coast Guard to slow down in whale-populated areas.

The decision does not require the Coast Guard to take any action, but it does send the case back to the lower court.

Several environmental organizations, including Defenders of Wildlife and the Humane Society of the United States, filed a complaint against the Department of Commerce, National Marine Fisheries Service and the Department of Homeland Security in January 2006 saying the agencies had failed to protect the North Atlantic right whale.

The right whale is an endangered species once hunted by whalers. There are only about 350 right whales left, according to the Defenders of Wildlife Web site. Environmentalists agree that vessel collisions are among the biggest threats to the species.

Coast Guard spokeswoman Lisa Novak declined to discuss the pending ruling, but said the Coast Guard takes the threat to marine mammals “very seriously.”

“We have a long history of taking steps to protect the right whale while maintaining the safety of navigation,” Novak said. “Unfortunately, being on water is different from being on a highway with set speed limits.”

Bob Dreher, vice president for conservation law with the Defenders of Wildlife, said the organization plans to keep fighting for the right whales.

“Our hope is that we can ultimately force the NMFS to issue vessel speed limitations promptly, which NMFS itself acknowledges is the most important conservation measure we can take to protect the right whale.”

Dreher said any speed limit regulations are tied up with the Office of Management and Budget “and there is no sign this administration is going to do anything about it.”

He also said the organization hopes the Coast Guard will study the effects of shipping lanes on the right whales.

Novak said the Coast Guard already issues broadcast notices to mariners asking them to reduce speed while in the right whale habitat.

“We also remind them to keep a sharp lookout for the whales and remind them that intentionally approaching within 500 yards of the right whale is prohibited and a violation of federal law,” Novak said.