Right Whale Coexistence Act of 2022

North Atlantic right whales (Eubalaena glacialis) are critically endangered, with fewer than 340 remaining at the time of the introduction of this Act;

historically, the North Atlantic right whale population was decimated by the whaling industry, although the whale population received protections from such industry in the 1930s;

despite a modest recovery prior to 2010, the North Atlantic right whale is one of the most endangered whales in the world and has experienced a significant decline since 2010;

the North Atlantic right whale has been listed as an endangered species under the Endangered Species Conservation Act of 1969 (Public Law 89–669; 80 Stat. 926) and its successor the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) since 1970 and is designated as depleted under the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.);

because North Atlantic right whales are long-lived and highly migratory, and at present rates females give birth to a single calf only once every 5 to 10 years, they are highly vulnerable to the impacts of human activity and habitat degradation, with female whales and calves particularly vulnerable to vessel strikes;

North Atlantic right whales frequently cross paths with high vessel traffic areas and fishing grounds, leaving the whales particularly vulnerable to vessel collisions and fishing gear entanglements, the leading causes of injury and death to the species;

even when North Atlantic right whales do not die as a result of fishing gear entanglement or vessel strike, those whales can still experience significant sub-lethal effects such as chronic stress and reproductive failure;

this ongoing decline due to human impacts resulted in a further 30 percent decline in the population between 2019 and 2020 resulting in the lowest population estimate in the past 2 decades;

based on the current rate of mortality of North Atlantic right whales, and because of the small number of breeding females in the population and low birth rates, recent analysis suggests the species will lose its ability to recover in merely a few decades if human-caused mortality is not reduced immediately;

under the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.), United States fishermen in certain locations have been required to modify their fishing gear and behavior to minimize the likelihood of entanglements, including by using sinking groundlines, having weak links in buoy lines, using multiple traps per buoy, appropriately marking fishing gear, and complying with seasonal area-specific closures in North Atlantic right whale habitats;

vessels in United States waters that are 65 feet or more in length have been required to comply with a seasonal 10-knot speed limit in certain locations to reduce the threat of vessel collisions; and

ongoing mortalities, driven in part by shifts in North Atlantic right whale distribution caused by climate change, indicate that additional actions are necessary to reverse this species’ population decline.

the Governments of the United States and Canada must work together to reduce lethal and sub-lethal effects of human activities on North Atlantic right whales; and

effectively addressing the threats to the long-term viability of the North Atlantic right whales will require a joint commitment and effort from government entities, local communities, marine scientists and conservationists, fishermen, owners and operators of commercial and recreational vessels and others in the boating and shipping industries, and other stakeholders.