MARINE MAMMAL COMMISSION - Annual Report for 1998 



and broadcasts of right whale sightings, the National 

 Oceanic and Atmospheric Administration determined 

 that immediate steps should be taken to develop a 

 mandatory ship reporting system for the right whale 

 calving grounds off the southeastern U.S. coast and 

 key feeding areas off Massachusetts. Therefore, in 

 1997 the Service began developing a proposal and 

 action paper to the IMO for a mandatory ship report- 

 ing system covering the key shipping corridors in both 

 areas. Its efforts were undertaken in consultation with 

 the Commission, the Coast Guard, and the regional 

 implementation teams, and with technical assistance 

 from the International Fund for Animal Welfare. 



The system proposed by the Service would require 

 all commercial ships greater than 300 gross tons to 

 contact a shore station for information on right whales 

 as the vessel enters defined areas around the calving 

 grounds off Florida and Georgia and feeding areas off 

 Massachusetts. These areas encompass critical 

 habitats and adjacent waters where right whales are 

 likely to occur and also include major shipping lanes. 

 Because about 90 percent of all commercial vessels 

 greater than 300 gross tons carry equipment for 

 INMARSAT communications — a satellite communi- 

 cations system that transmits telex messages to ships 

 around the world — it was decided to develop an 

 automated reporting system using the INMARSAT 

 communications system. 



The system would work as follows. When enter- 

 ing either of the two designated areas, the ship would 

 be required to contact a shore station via INMARSAT 

 and provide its call sign, position, course, speed, and 

 destination. This information will be used to help 

 evaluate ship strike risks. Upon contact, the shore 

 station would automatically send a response noting the 

 importance of the area for right whales, the need for 

 special caution to avoid hitting right whales, the 

 availability of related advice in Coast Pilots, current 

 information on right whale sighting locations, and the 

 need to monitor NAVTEX and other broadcasts for 

 any new right whale advisories. The few large 

 vessels without INMARSAT communication equip- 

 ment would be required to report via voice radio to 

 receive the same message. 



To date, fewer than 10 ship reporting systems have 

 been approved by the IMO worldwide. In each case 



the purpose has been to enhance navigational safety or 

 to increase protection of the marine environment from 

 pollution. Using the measure to protect an individual 

 endangered species was therefore a novel application 

 that raised concern that other countries might propose 

 similar systems to protect less endangered species and 

 thereby cause a proliferation of ship reporting systems 

 that would infringe on navigational freedom. The 

 National Security Council and the Council on Envi- 

 ronmental Quality examined this possibility closely. 

 To address this concern, the National Oceanic and 

 Atmospheric Administration's proposal was revised to 

 explain the particularly unusual and urgent needs that 

 prompted its action. In doing so, it set forth the high 

 standards considered necessary to proceed with a 

 mandatory ship reporting system to protect the highly 

 endangered northern right whale. With this clarifica- 

 tion, and strong support from the National Oceanic 

 and Atmospheric Administration, the Marine Mammal 

 Commission, and certain other agencies. President 

 Clinton on 23 April 1998 instructed U.S. representa- 

 tives to the IMO to seek approval of the proposed 

 mandatory ship reporting system. 



IMO approval of ship reporting systems is a two- 

 step process. Proposals first must be approved by the 

 IMO Subcommittee on Safety of Navigation and then 

 by the Maritime Safety Committee. As directed by 

 the President, the Coast Guard submitted an action 

 paper drafted by the National Oceanic and Atmospher- 

 ic Administration, in consultation with other agencies, 

 including the Marine Mammal Commission, for the 

 44th session of the Subcommittee on Safety of Navi- 

 gation held on 20-24 July 1998. An information 

 paper based on the initial draft prepared by the 

 Marine Mammal Commission for the 1997 meeting of 

 the Marine Environment Protection Committee also 

 was submitted to provide background. Delegations of 

 some countries expressed concern about the possible 

 proliferation of reporting systems to protect individual 

 species. However, the U.S. delegation, led by the 

 Coast Guard and including a representative of the 

 National Oceanic and Atmospheric Administration, 

 succeeded in securing the approval. A discussion of 

 the unusual circumstances necessitating use of the 

 measure to protect northern right whales was included 

 in the subcommittee's report and the proposal was 

 referred to the 70th session of the Maritime Safety 

 Committee scheduled for 7-11 December 1998. 



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