Stellwagen Bank Final EIS and Management Plan 



Page 47 



increased energy expenditure necessitated by vessel 

 interference in migratory paths or feeding activities. 

 At the Stellwagen Bank area, these types of 

 disruptions may be especially detrimental to nursing 

 calves. 



All marine mammals are protected from 

 harassment, injury, killing, capturing, or attempts to 

 do any of these activities by the Marine Mammal 

 Protection Act of 1972. In addition, those species 

 of marine mammals identified as either "threatened" 

 or "endangered" are also protected under the 

 Endangered Species Act of 1973. "Harassment" is 

 defined as any intentional or negligent act that 

 substantially disrupts the normal behavior of an 

 animal. In the case of whales, disruption of normal 

 behavior may be evidenced by reactions such as 

 rapid changes in swimming direction or speed; 

 prolonged diving; apparently evasive swimming 

 patterns; interruption of feeding, nursing, or 

 breeding activities; and protective movements to 

 shield a calf from a vessel. Violation of MMPA 

 and ESA prohibitions against harassment may result 

 in civil penalties of up to $10,000 per violation 

 (under MMPA), and up to $25,000 per violation 

 (under ESA). Criminal penalties up to $20,000 

 under MMPA, and up to $50,000 under ESA are 

 also possible, in addition to imprisonment and 

 seizure of property (e.g., vessels). 



The NMFS Northeast Region issued whalewatch 

 guidehnes in 1985 to help all vessel operators 

 prevent harassment of whales (Figure 7). These 

 guidelines, applicable to all vessels, commercial or 

 private, are specifically focused on operation in the 

 vicinity of endangered whales in the overall Gulf of 

 Maine. The guidelines currently provide: 



1. When in Sight of Whales (1/4 mUe or 1500 ft., 

 or 457 meters): 



• avoid excessive speed or sudden changes in 

 speed or direction. 



• Aircraft observe the FAA minimum altitude 

 regulation of 1,000 ft., (305 meters) over water. 



2. Close Approach Procedure (300 ft. or 91.4 

 meters): 



• Approach stationary whales at no more than 

 idle or "no wake" speed. 



• Parallel the course and speed of moving 

 whales. 



• Do not attempt a "head-on" approach to 

 moving or resting whales. 



3. Multi- Vessel Approach (within 300 ft., or 91.4 

 meters): 



• All vessels in close approach stay to the side 

 or behind the whales so they do not box in the 

 whales or cut off their path. 



• When one vessel is within 300 ft. (91.4 

 meters), other vessels stand off at least 300 ft. 

 from the whales. 



• The vessel within 300 ft.(91.4 meters) should 

 limit its time to 15 minutes in close approach to 

 whales. 



4. No Intentional Approach (within 100 ft., or 30.5 

 meters): 



• Do not approach within 100 ft. (30.5 meters) 

 of whales. 



• If whales approach within 100 ft. or your 

 vessel, put engine in neutral and do not re- 

 engage props until whales are observed at the 

 surface, clear of the vessel. 



Although the New England guidelines appear to 

 be generally followed by commercial whalewatch 

 vessel operators, there are still at least occasional 

 incidents of harassment. One problem may be 

 simply the number of vessels engaged in 

 whalewatching activities, regardless of whether those 

 vessels are operated in conformance with existing 

 NMFS guidelines. Federal managers are faced not 

 only with the problem of clearly identifying what 

 constitutes harassment; but also with a lack of 

 regulations which are enforceable as law. 

 Additionally, at this point there is no uniformly-held 

 opinion as to whether or not whalewatching 

 activities may or may not be detrimental to whales, 

 even if the guidelines are followed. 



