Part
2, Sec. 2C2a
Human Activities
- Commercial Charterboating
Whalewatching
In
addition to commercial fishing, numerous vessels engage in the
commercial enterprises of whalewatching and sportfishing activities
focused on the Stellwagen Bank area.
a.
Whalewatching
Although
both large and small cetacean species have been attracted to
Stellwagen Bank as a feeding ground (and nursery ground for
some species) for many years, the relatively recent focus of
scientific attention on several endangered species of "great"
whales has also drawn the public's attention and interest to
these species, and in opportunities to observe them in natural
habitats.
Whalewatching
is more than an important economic activity; whalewatch vessels
afford recreational and educational, as well as scientific opportunities
to learn more about marine mammals. The combination of public
interest and the accessibility of Stellwagen Bank from several
ports has resulted in a commercial whalewatching industry which
has steadily grown in popularity and revenues since its inception
in this area in 1976.
Whalewatching
trips are often combined with opportunities for observing marine
birds, particularly when naturalists are aboard vessels to identify
and discuss various species.
Whalewatching
companies operate out of ports from Maine to Connecticut, and
are largely focused on Stellwagen Bank and Jeffreys Ledge to
the north (offshore of Cape Ann). By the 1985 season, at least
twenty-one whalewatch companies were operating throughout these
areas, employing between 40 and 48 vessels (MacKenzie, 1986).
The majority of these vessels are based in Massachusetts, and
operate primarily out of Gloucester and Provincetown. Trips
are conducted from late April through September or early October.
Humpback
whales are the primary target of whalewatch trips because of
their long seasonal residence around the Bank, and because of
their highly visible markings and behavior patterns. In addition
to humpbacks, fin whales, minke whales, and white-sided dolphins
are commonly seen in the vicinity of Stellwagen Bank. Northern
right whales are less frequently encountered, owing both to
their more critically-endangered population status (i.e., fewer
right whales overall frequent Stellwagen Bank), and to the shorter
period of residence around the Bank (generally late winter or
early spring to approximately July).
Whalewatch
vessels range in size anywhere from approximately 50 feet (35-40
passenger capacity) to over 140 feet (400 passenger capacity).
Depending on the originating port, a vessel may make one, two
or even three trips per day to the Bank area. Hassol (1987)
estimated approximately 1.5 million persons participate annually
in whalewatching trips to Stellwagen Bank; and found that ticket
prices averaged $15.00 during the period of 1985 and 1986. Annual
revenues from commercial whalewatching for this two-year period
were thus estimated at slightly over $20 million. (J. Hassol,
1987). A separate study has also provided an estimate of more
than 9,200 vessel trips were to Stellwagen Bank in 1985, carrying
approximately 1.25 million passengers (W.T. Rummage, 1990).
The
number of commercial whalewatch vessels declined in 1986 due
to the shift in humpback whale presence that year, a change
attributed to observed changes in sand lance distribution. The
following year, however, the humpbacks returned to the Bank
and the commercial whalewatch business resumed at full strength.
Revenues (ticket price only) projected for the 1990 season were
$17.6 million (W.T. Rummage, 1990).
Along
with increased levels of commercial (as well as private) whalewatching
activities, have come increased concerns regarding potentially
adverse effects of such activities on the whales, and particularly
on endangered or threatened whale species. Researchers, conservationists,
Federal/State managers, and others have considered the possibility
that any vessel activity near marine mammals may disrupt feeding
behavior or cause abandonment of feeding areas; displace cow/calf
pairs; or induce avoidance behavior requiring 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 guidelines 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 mile 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:
In
an effort to address these and other whale-watch issues on a
national basis, NMFS and the Center for Marine Conservation
co-sponsored a workshop in November 1988 to review and evaluate
whale-watch programs and management needs, and to provide recommendations
to NMFS for possible whalewatching regulations.
Final
panel recommendations resulting from that workshop are:
1.
The primary focus of new regulations should be minimum approach
distances based on regional considerations.
2.
Include in regulations restrictions on related activities, including
thrill craft, swimming and diving with whales.
3.
The regulations should address behavior, such as how to operate
a vessel if a whale approaches the vessel, as well as distances.
4.
The regulations should provide special restrictions, as warranted,
for particular areas, such as feeding or calving grounds, or
special situations such as whale watching on mating pairs or
cow/calf pairs.
5.
The regulations should include a prohibition on whale watching
activities that involve the feeding of wild populations of cetaceans.
(Fed. Reg. Vol. 54, No. 201, October 18, 1989)
These
recommendations have provided guidance to NMFS in the formulation
of proposed regulations for whalewatching activities, whether
conducted by commercial or private boaters. Proposed national
whalewatching regulations are scheduled for issuance for public
review and comment in 1992. During the 60-day public comment
period, NMFS will also conduct public hearings on the proposed
regulations. (M. Lorenz, NMFS, pers. comm., July 1991). The
proposed regulations will address primarily approach distances,
speed, and maneuvering by vessels operating in proximity to
marine mammals. A primary advantage to promulgating regulations,
rather than continuing with guidelines, is that the regulations
will be enforceable, thus enabling NMFS and other managers to
better carry out the provisions of the MMPA and the ESA.
An
additional observation made by participants in the 1988 Workshop
and in public meetings conducted by the NMFS Northeast Region
in December 1989 to discuss possible whalewatch regulations,
is the need to educate private boaters, who are generally not
familiar with the provisions of the MMPA and the ESA.
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