Speed Restrictions to Protect North Atlantic Right Whales

(1) Purpose and Scope. North Atlantic right whales are a critically endangered species. Annually they migrate through state waters and aggregate in Cape Cod Bay to feed during the late-winter and early-spring. In order to protect these whales from vessel strikes, the National Marine Fisheries Service promulgated regulations at 50 CFR 224.105 in 2008 that restrict the speed of vessels measuring at least 65' in overall length to ten knots while transiting certain waters around Cape Cod. In order to establish similar measures to prevent strikes of whales by vessels smaller than those regulated under the federal regulations, the Division of Marine Fisheries has established these seasonal vessel speed restrictions for Cape Cod Bay. (2) Vessel Speed Restriction and Time Period. During the period of March 1st through April 30th , all vessels measuring less than 65' overall length and operating within the Cape Cod Bay Restricted Speed Area, as defined at 322 CMR 12.02, shall travel at a speed of ten knots or less. (3) Exemptions. 322 CMR 12.05(2) shall not apply: (a) Inshore Areas. Within those waters within Plymouth, Kingston and Duxbury Harbors, Barnstable Harbor and Wellfleet Harbor, as defined at 322 CMR 4.02(2) and (3). (b) Enforcement and Emergency Personnel. To law enforcement and emergencypersonnel in the course of their authorized duties including, but not limited to, authorized federal whale disentanglement personnel when responding to an entangled whale. 12.05: continued (4) Notice of Declaration to Amend the Vessel Speed Restriction Time Period. The Director may, through a Notice of Declaration, adjust the duration of the Cape Cod Bay Vessel Speed Restriction Time Period in 322 CMR 12.05(2), as reasonably necessaryto prevent vessel strikes on right whales, based on the Director's assessment of the documented presence of North right whales in Cape Cod Bay. The Director shall amend the timing of these fixed gear seasonal closures by filing the Notice of Declaration with the Secretary of State for publication in the Massachusetts Register, publishing the Notice on the Division's Legal Notice web page, and distributing it via the Division's e-mail list serve.