Bill Proposes Right Whale Protections Amidst Population Crisis and Legal Battle


A new proposal to protect the North Atlantic right whale, a critically endangered species, has been introduced to the federal legislature by Sens. Cory Booker (D-N.J.), Richard Blumenthal (D-Conn.), Tom Carper (D-Del.), and Sheldon Whitehouse (D-R.I.) and Rep. Seth Moulton (D-Mass.). According to Sen. Booker’s press release, the Right Whale Coexistence Act aims to help the species’ dwindling numbers by providing funding to help reduce the primary causes of mortality, entanglement and vessel collisions.

The House and Senate legislation comes amidst a lawsuit brought by Whale and Dolphin Conservation, Defenders of Wildlife, Conservation Law Foundation, and Center for Biological Diversity. They filed suit against the National Marine Fisheries Services (NMFS) arguing that the executive agency has done too little to help the species in the face of serious population decline and in violation of federal environmental laws. 

Last November, the court denied the NFMS’s dismissal bid. The plaintiffs’ motion for summary judgment is now pending before the court.  

Last week’s proposed law acknowledges that the whale’s 2021 population was the lowest in two decades, in part citing an “Unusual Mortality Event” that the National Oceanic and Atmospheric Administration first declared in 2017.

The new law would establish a grant program to fund research efforts between government agencies, NGOs, and the maritime industry to reduce human impact on the species, the press release said. In particular, the Right Whale Coexistence Act would direct the Secretary of Commerce to “prioritize projects that have the greatest likelihood of reducing impacts from fishing gear entanglement and vessel collisions, while also prioritizing projects that involve private sector stakeholders and will provide economic benefits to small businesses in the United States.” It would also require periodic reports to Congress on the progress and efficacy of the program.

According to a press release issued by EarthJustice, environmental groups lauded the legislation and expressed hope that it would help reverse the right whale population’s downward trajectory.