WRITTEN TESTIMONY OF…

                        WRITTEN TESTIMONY
                          OF JANE LUXTON
       NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
                  U.S. DEPARTMENT OF COMMERCE
                                 ON
                THE PROPOSED RULE TO IMPLEMENT
          SPEED RESTRICTIONS TO REDUCE THE THREAT OF
       SHIP COLLISIONS WITH NORTH ATLANTIC RIGHT WHALES
                              BEFORE
               COMMITTEE ON NATURAL RESOURCES
                  U.S. HOUSE OF REPRESENTATIVES

                                      MAY 21, 2008


Good morning, I am Jane Luxton, from the National Oceanic and Atmospheric
Administration (NOAA). Thank you, Chairman Rahall, and members of the Committee
for the opportunity to discuss the proposed rule to implement speed restrictions to reduce
the threat of ship collisions with North Atlantic right whales.

The North Atlantic right whale (Eubalaena glacialis) is one of the most critically
endangered large whale species in the world; the latest NOAA peer-reviewed stock
assessment indicates that a minimum of 313 individuals were estimated to have existed
in 2002. The minimum population size has likely hovered near 300 individuals for
several decades, having increased from perhaps fewer than 100 individuals by 1935,
when international protection for right whales came into effect. From 1995 to 2002 (the
period when estimates are available) the minimum number of right whales alive has
fluctuated from 284 individuals in 1995 to 313 individuals in 2002. These numbers
indicate that this population remains at risk. Collisions with marine vessels ("ship
strikes") are one of the greatest known human-related causes of right whale deaths and
serious injuries.

To address this threat, NOAA, in collaboration with other agencies and stakeholders,
developed a right whale ship strike reduction program, which includes rulemaking to
reduce ship speeds in areas where right whales occur. NOAA described the program in
an Advanced Notice of Public Rulemaking (ANPR; 69 Fed. Reg. 30,857) on June 1,
2004. After considering comments on its ANPR and consulting with other affected
agencies, NOAA published a proposed ship speed restriction rule on June 26, 2006 (71
Fed. Reg. 36,299).

The proposed rule would impose a ship speed limit of 10 knots on commercial vessels 65
ft and greater in overall length, which are subject to the jurisdiction of the United States.
The proposed rule also sought comments on 12 and 14 knot speed limits. For reasons I
will explain in a moment, U.S. vessels owned or operated by, or under contract to, the
Federal Government would be exempt from this speed restriction. The proposed
restrictions would apply in specific marine areas and certain port entrances along the east
coast of the United States, imposing seasonal speed limits only in parts of designated
regions that correspond to right whale feeding, migration, and nursery/calving areas and
high vessel density. The areas designated were confined as much as possible to reduce
economic impact to the shipping industry. The proposed rule also includes speed
restrictions that are triggered in "Dynamic Management Areas" where NOAA determines
there is a concentration of three or more right whales or there are one or more right
whales in a designated shipping lane. NOAA's proposed rule exempted federal vessels
based on a determination that national security and navigational and human safety
missions of some agencies may be compromised by a mandatory speed limit. NOAA
further noted that such an exemption would not relieve federal agencies of their
obligations to protect endangered right whales under the Endangered Species Act,
including Section 7.

In conjunction with this rule, NOAA also completed a draft Environmental Impact
Statement (EIS) analyzing six alternatives. The EIS included an economic analysis of the
rule. NOAA announced the availability of the draft EIS on July 7, 2006 (71 Fed. Reg.
38,640). NOAA accepted written comments on the proposed regulation and the draft
EIS, and held several public hearings in Jacksonville, Baltimore, and Boston during 2006.

NOAA received more than 10,000 comments on the proposed rule from the following
groups:

   ·   state or federal agencies
   ·   shipping industry and cruise lines
   ·   ports, pilots, marinas, and longshoremen
   ·   whale watch and passenger ferries
   ·   recreational fishing sector
   ·   environmental groups
   ·   members of environmental groups
   ·   individuals

Comments focused on the data available, speed restrictions, area covered by the
rulemaking, economic impacts, and safety concerns. Of the comments, more than 9,700
were some type of form response.

After considering all public comments on the proposed rule and consulting other affected
agencies, NOAA drafted a final rule and transmitted it to the Office of Management and
Budget (OMB) on February 20, 2007, in accordance with Executive Order 12866. At
present, NOAA's final rule is under interagency review.

NOAA has also taken steps to reduce ship strikes through vessel routing measures. The
United States prepared and submitted to the International Maritime Organization (IMO) a
proposal to reconfigure the "Traffic Separation Scheme" that services Boston,
Massachusetts. The proposed realignment is expected to provide a significant reduction


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in ship strike risk to right whales and all baleen whale species occurring in the area, with
minimal concurrent impact to mariners. The IMO reviewed and adopted the proposal,
and the realignment was implemented in July 2007.

NOAA has also addressed the threat of large whale entanglement in fishing gear. On
October 5, 2007, NOAA issued a final rule (72 FR 57104) to amend the regulations
implementing the Atlantic Large Whale Take Reduction Plan. This final rule revises the
management measures for reducing the incidental mortality and serious injury to the
Northern right whale (Eubalaena glacialis), humpback whale (Megaptera novaeangliae),
and fin whale (Balaenoptera physalus) in commercial fisheries to meet the goals of the
Marine Mammal Protection Act and the Endangered Species Act.

Thank you again, Mr. Chairman, for the opportunity to testify. I am happy to respond to
any questions.




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