Alaska Humpback Whale Approach Regulations

Question 1

As per the Marine Mammal Protection Act (MMPA), which humpback whale populations do the approach regulations apply to?

Answer 1

• ALL humpback whales that occur or transit through the waters surrounding Alaska regardless of their classification as “endangered”, “threatened”, or neither

Question 2

How are humpback whales classified under the Endangered Species Act (ESA)?

Answer 2

• as “endangered” or “threatened”
• based on where the population is from
• 14 distinct population segments (DPSs)

Question 3

What prohibitions are stated in the humpback whale approach regulations?

Answer 3

It is unlawful for any person to commit, to attempt to commit, to solicit another to commit, or to cause to be committed, within 200 nautical miles of Alaska, or within inland waters of the state:
- Approach by any means, including interception, within 100 yards of any humpback whale
- Cause a vessel or other object to approach within 100 yards of any humpback whale
- Disrupt the normal behavior or prior activity of a whale by any other act or omission

Question 4

What vessels are exceptions to the prohibitions stated in the humpback whale approach regulations?

Answer 4

• a vessel authorized by the National Marine Fisheries Service through a permit issued
• a vessel restricted in its ability to maneuver, and because of that restriction, cannot comply
• a commercial fishing vessel lawfully engaged in actively setting, retrieving or closely tending commercial fishing gear
• passenger commercial fishing vessels (ie. charter or sport fishing)
• a state, local, or federal government vessel operating in the course of official duty

Question 5

Whose rights are not affected by the humpback approach regulations?

Answer 5

Alaska Natives

Question 6

What regulations, if any, would take precedent over the humpback approach regulations?

Answer 6

more restrictive conflicting Federal regulations pertaining to humpback whales, such as the regulations specifically for Glacier Bay National Park and Preserve

Question 7

Notwithstanding the prohibitions or exceptions, to avoid collisions with humpback whales vessels must do what?

Answer 7

• Operate at a slow, safe speed when near a humpback whale
• “Slow speed” is as defined in the COLREGS

Question 8

Which CFRs define the humpback whale approach regulations?

Answer 8

• 50 CFR Part 216 - Regulations governing the taking and importing of marine mammals
• 50 CFR Part 223 - Threatened marine and anadromous species
• 50 CFR Part 224 - Endangered marine and anadromous species