322 CMR 12.05 - 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.
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(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 emergency personnel in the
course of their authorized duties including, but not limited to, authorized
federal whale disentanglement personnel when responding to an entangled
whale.
(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
necessary to 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.
Notes
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