Steamship Authority: Speed limits to protect whales could impact Nantucket, Vineyard ferries

A federal proposal to extend seasonal vessel speed limitations into Vineyard and Nantucket sounds, with an eye toward conservation of North Atlantic right whales, has the Woods Hole, Martha's Vineyard and Nantucket Steamship Authority and Port Council poised to call for the matter to be given a second thought.

National Oceanic and Atmospheric Administration's National Marine Fisheries Service is proposing to extend seasonal speed restriction zones from Nov. 1 to May 30, as well as to add two-week dynamic speed zones that would be triggered by detection of acoustic signals — not sightings — of North Atlantic right whales.

Currently, seasonal speed zones in Massachusetts come into play Jan. 1 to May 15 and encompass waters north and east of Cape Cod, including Cape Cod and Massachusetts bays. Nantucket and Vineyard sounds are not presently included.

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The Authority has drafted a letter to NOAA outlining concerns about the addition of the sounds to the regulations.  Authority Communications Director Sean Driscoll in an email to The Times this week indicated the board reviewed the draft at its Sept. 27 meeting, but has not yet taken action.

"We are continuing to review the situation and expect to bring a revised draft to the Port Council and board at their meetings on Oct. 11 and Oct. 18, respectively," Driscoll indicated.

NOAA is collecting public input on the proposed kicked-up regulations and just extended the comment period from Sept. 30 to Oct. 31.

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The purpose of vessel speed restrictions is to reduce vessel strikes on the critically endangered right whale population, who spend time off the Massachusetts coast from the fall into the late spring and early summer as they traverse their north-to-south habitat that stretches from Maine to Florida. Vessel strikes are one of the top two causes of injury and fatality to the animals — entanglement in traditional fishing gear is the other.

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Scientists at the New England Aquarium in Boston and the Center for Coastal Studies in Provincetown say the slow-swimming species is on the brink of extinction, with only about 336 individuals left. Of those, only a third or fewer are breeding females.

In the draft letter to NOAA, which is subject to changes at the Port Council's and Authority board's upcoming meetings, the Authority highlights the essential role its ferries play in connecting people and commerce between mainland Massachusetts and the islands.

"The Authority is the 'lifeline' for those islands, providing the only year-round passenger, automobile and truck ferry service delivering food, medicine, fuel and numerous other consumables and products from the mainland," the draft letter states.

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According to the Authority, about 3 million passengers are carried on its ferries each year, plus about 475,000 cars and 195,000 trucks.

The letter points out concern that applying slower speeds during the Nov. 1 to May 30 time period, and unpredictable speed restrictions upon receipt of a right whale acoustic signal, in the sounds would severely impact the service, leading to fewer trips. NOAA's proposal would slow vessels 35 feet long and greater to 10 knots or less during the reduction period.

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At present, the high speed ferry from Hyannis to Nantucket operates at 30 knots. Its other ferries regularly travel between 12 and 13 knots.

The concerns the Authority has are not meant to signal any lack of concern about the plight of the right whales. In its draft letter, the Authority indicates that the whales are not present  in the waters where the ferries operate.

In 22 years of traversing Vineyard and Nantucket sounds, adding up to nearly 500,000 trips, there have been no known or documented encounters with North Atlantic right whales, the Authority asserts.

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In the draft, the Authority notes that it is "more than willing to support the federal government’s efforts to obtain more data on the impacts that its ferry operations might have upon right whale habitat," but the opinion remains that the ferries can operate safely at current speeds.

The Authority is not the only ferry service to raise concerns about the proposed changes to the seasonal speed zones, and the addition of acoustically triggered temporary speed zones off Massachusetts.

Baystate Cruise Co., which operates ferries between Boston and Provincetown, has also raised some concerns, which are shared by the Provincetown Board of Selectmen and town manager. All three recently sent their own letters to NOAA outlining concerns about the impact of the proposed changes on the ferry services and on the local economies that rely on them.

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They, too, stress that it's not about lacking care for the whales, but instead argue that the whales are not known to be active in the bays past mid-May.

"There is likely not a person in the world who would support harming such an important and endangered creature," Bay State Cruise Co. operator Michael Glasfeld told The Times last month when he was preparing his letter to NOAA.

Small craft should be restricted

He noted there have been no known or documented strikes on whales by his company's ferries in the last 50 years.

Glasfeld feels that NOAA's proposed inclusion of smaller boats — those that are 35 feet or longer, rather than starting at vessels that are 65 feet or longer — in seasonal speed zones is the more effective and meaningful restriction. Under state regulations, those smaller vessels are already obliged to follow the seasonal speeds in Massachusetts' waters.

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Glasfeld said this is "the single most effective measure that can be taken," especially considering that four of the eight whale strike deaths that have happened nationally since 2005 were a result of collisions between whales and vessels smaller than 65 feet.

To review the discussion on this topic held at the Authority's Sept. 27 board meeting, check out the video on their YouTube page, www.youtube.com/SteamshipAuthority1

NOAA is accepting public comments until Oct. 31 at www.regulations.gov — enter NOAA-NMFS-2022-0022 in the search box.

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This article originally appeared on Cape Cod Times: Speed zones to protect whales could impact Nantucket & Vineyard ferries