Protecting North Atlantic right whales from collisions with vessels in the Gulf of St. Lawrence

Transport Canada is committed to the protection and conservation of the endangered North Atlantic right whales. We are taking actions to help protect this iconic species in the Gulf of St. Lawrence. This year’s measures were developed with the collaboration of the marine transportation industry, non-governmental organizations, academia, and other government departments.

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Overview of 2021 protection measures

From April 28 to November 15, 2021, Transport Canada is implementing the following measures to help protect North Atlantic right whales in the Gulf of St. Lawrence:

  1. Shown in pink in the map below, from April 28 to November 15, 2021, a fixed speed restriction is in place in a large area known as the static zone, divided into a northern and a southern zone.
  2. Shown in green, temporary speed restrictions are implemented in dynamic shipping zones within the shipping lanes when a North Atlantic right whale is detected in or near the shipping lane. These are labelled as dynamic shipping zones A, B, C, D and E on the map.
  3. Shown in dark pink, north and south of dynamic shipping zone E are seasonal management areas 1 and 2 where a fixed speed restriction was in place from April 28 to June 29 only. For the remainder of the season until November 15, temporary speed restrictions will be implemented in seasonal management areas, should any North Atlantic right whale be detected there.
  4. Shown in grey, a trial voluntary slowdown zone of 10 knots over the ground is implemented spanning from Cabot Strait to the eastern edge of dynamic shipping zone E at the beginning and end of the season.
  5. Shown in dark blue, is the location of a mandatory restricted area, in and near the Shediac Valley, aimed at protecting a large number of North Atlantic right whales that are anticipated to gather in this area in the late spring-early summer. When it is in force, vessels more than 13 metres in length are prohibited from entering the restricted area, with certain exceptions. Excepted vessels cannot exceed eight knots over the ground when transiting in the restricted area. The restricted area came into force when 80% of the Shediac are became closed to fishing for the season, as per the Department of Fisheries and Oceans’s right whale closure protocol. The restricted area will be lifted once the North Atlantic right whale detections decrease in the restricted area or at the latest on August 31, 2021.
  6. A speed limit exemption in waters of less than 20 fathoms applies to all commercial fishing vessels.

Weather and sea conditions can impact the safe operation of a vessel. When the speed restriction is in effect, vessels in the static zones and dynamic shipping zones will be required to operate at a maximum of 10 knots, unless it is unsafe to do so. Navigational warnings lifting the speed restriction are issued when adverse weather conditions can jeopardize the safety of vessels and mariners.

To subscribe and receive navigational warnings (formerly known as notices to shipping) that are currently in force, visit the Canadian Coast Guard website.

In addition to the speed restriction implemented by our department, Fisheries and Oceans Canada  is also implementing other measures related to the fisheries sector to help protect North Atlantic right whales.

Static zones

A speed restriction is in effect from April 28 to November 15, 2021, for vessels more than13 metres in length. These vessels are required to travel at a speed not exceeding 10 knots over the ground in the Gulf of St. Lawrence. Other vessels are also encouraged to respect this speed limit. The northern and southern static speed restriction zones are shown in the pink areas in the map below.

Temporary speed restriction in shipping lanes

Temporary speed restrictions of 10 knots over the ground for vessels more than 13 metres in length are activated in the following shipping lanes:

  • South of Anticosti Island: divided into four dynamic shipping zones (see areas A, B, C and E on the map).
  • North of Anticosti Island: part of the shipping lane consists of a dynamic shipping zone (see area D).

Speed restrictions are activated in the dynamic shipping zones as follows:

When at least one North Atlantic right whale is detected:

  • In any dynamic shipping zones north and/or south of Anticosti Island; and
  • 5 nautical miles south of the dynamic shipping zones or 2.5 nautical miles from the eastern and western edges of these zones.

Each speed restriction is in effect for 15 days. If North Atlantic right whales are not detected during the last 7 days of the 15-day period, the speed restriction is lifted at the end of the period.

When Transport Canada is unable to clear the zones of North Atlantic right whale presence (usually due to inclement weather) using aerial surveillance or underwater acoustic detection within:

  • 14 day period at the beginning of the season (from April 28 to May 25, 2021);
  • a 7-day period mid-season; and
  • a 14 day period at the end of the season (from September 22 to November 15, 2021).

A speed restriction applies to the dynamic shipping zone(s) until another surveillance flight confirms there are no North Atlantic right whales detected. Surveillance flights take place as soon as weather conditions improve and allow for proper monitoring of North Atlantic right whales.

Seasonal management areas

Two seasonal management areas (SMA) are implemented:

  • North of dynamic shipping zone E (SMA-1 on the map)
  • South of dynamic shipping zone E (SMA-2 on the map)

A speed restriction was in effect from April 28 to June 29, 2021, for vessels more than 13 metres in length. These vessels were required to travel at a speed not exceeding 10 knots over the ground within seasonal management areas 1 and 2. Vessels will be allowed to proceed at safe operational speeds from June 30 to November 15 2021, unless a North Atlantic right whale is detected. If a North Atlantic right whale is detected, the seasonal management area will be subject to a 15-day mandatory speed restriction of 10 knots over the ground.

Restricted area

In the summer months, a large number of the North Atlantic right whale population is anticipated to gather for feeding and surface activity in and near the Shediac Valley. Since this makes the North Atlantic right whale more susceptible to vessel collisions, a mandatory restricted area has been implemented in this area. Exact coordinates of this zone are confirmed and accessible to mariners through the Ship Safety Bulletin on the protection of the North Atlantic right whales in the Gulf of St. Lawrence and the monthly edition of the Notices to Mariners # 405/21. They are also communicated through a navigational warning and a notice to fish harvesters.

When the restricted area is in effect, vessels more than 13 metres in length are be required to:

Trial voluntary slowdown in Cabot Strait

To coincide with the North Atlantic right whales migration in and out of the Gulf of St. Lawrence, a voluntary slowdown is put in place from April 28 to June 29, 2021, as well as from September 29 to November 15, 2021.

  • During this period, vessels more than 13 metres in length are asked to voluntarily reduce their speed and not to exceed 10 knots over the ground.
  • Outside the slowdown period, vessels are able to proceed at safe operational speeds.
Map showing the static zones, the dynamic shipping zones (A, B, C, D and E), the seasonal management areas, the Shediac Valley restricted area, the 20 fathom shallow water protocol line and the trial voluntary slowdown zone

Map showing the static zones, the dynamic shipping zones (A, B, C, D and E), the seasonal management areas, the Shediac Valley restricted area, the 20 fathom shallow water protocol line and the trial voluntary slowdown zone

This map is for visual representation only and is not to be used for navigation or enforcement.

Voluntary slowdown period

In late fall, weather conditions are less favourable for both navigation and whale-monitoring flights. For this reason, from November 15 to December 31 2021, we will ask all vessels to slow down to 10 knots over ground if:

  • North Atlantic right whales are detected in the area; and/or
  • maritime conditions permit vessels to safely operate at this speed.

Compliance and enforcement

The statutory Interim Order for the protection of the North Atlantic right whales (Eubalenea glacialis) in the Gulf of St. Lawrence, 2021, enables the issuance of Navigational Warnings (NAVWARN) imposing speed or navigational restrictions on vessels.
To verify compliance, we use vessel data provided by the Canadian Coast Guard.

If a vessel more than 13 metres in length appears to have exceeded the speed limit implemented in any zone or proceeded through the restricted area and is not an excepted vessel as per the exception list under the Interim Order for the protection of the North Atlantic right whales (Eubalenea glacialis) in the Gulf of St. Lawrence, 2021, our marine safety inspectors will:

  • review information from the Canadian Coast Guard provided through the Automatic Identification System; and
  • seek additional evidence by contacting the vessel's master. This will allow for the collection of more data including information from the vessel’s log book and the verification of its content with the master.

Aside from the exceptions listed in the Interim Order for the protection of the North Atlantic right whales (Eubalenea glacialis) in the Gulf of St. Lawrence, 2021, we will not grant exemptions in advance. However, if a deviation from the speed restrictions is necessary for safety reasons, the following information must be entered into the bridge logbook:

  • reasons for deviation;
  • speed at which vessel operated;
  • latitude and longitude at time of deviation;
  • time and duration of deviation;
  • master of the vessel shall sign and date the bridge logbook entry.

For any deviation, Transport Canada will review and consider reasons such as:

  • navigating to ensure vessel safety;
  • weather conditions;
  • unforeseeable circumstances; and
  • responding to emergencies.

If it is determined that a vessel did not comply with the North Atlantic right whale speed restrictions or restricted area, vessel owners could face administrative monetary penalties of up to a maximum of CAN $250,000 and/or a penal sanction under the Canada Shipping Act, 2001. If charged with a violation, vessel owners will have 30 days to pay the penalty to the Minister or request the Transportation Appeal Tribunal of Canada to review the facts of the alleged violation or request a reconsideration of the penalty amount.

Compliance update

Transport Canada takes the speed restriction very seriously and examines all potential case of non-compliance.
Total number of vessel movements monitored in the speed restriction zones since the start of the season: 4155
Total number of vessels with speed recorded above the speed limit: 226

Compliance Statistics

Status

Number of Vessels

Closed

191

Penalties Issued

0

Under Review

35

Total

226

Actions taken to date

2017

On August 11, 2017, the Government of Canada implemented speed restrictions for vessels 20 metres or longer to a maximum of 10 knots when travelling in the western Gulf of St. Lawrence.

2018

In 2018, we took action for a second year to minimize risks for navigational safety and North Atlantic right whales in the Gulf of St. Lawrence.

There were no documented fatalities of North Atlantic right whales in Canadian waters in 2018.

2019

Based on consultations with industry and on scientific data, two changes were made to the static and dynamic shipping zones of 2018, which took effect on April 28, 2019:

  • The southeast corner of the speed restriction zone, around the Magdalen Islands was removed.
  • To help reduce impacts on the marine transportation industry, vessels were allowed, in the absence of North Atlantic right whale sightings, to travel at safe speeds in a larger area north of Anticosti Island, extending to the mainland.

In response to the deaths of North Atlantic right whales in Canadian waters, the Government of Canada took further concrete actions to help protect these marine mammals:

  • On June 26, 2019, Transport Canada implemented an interim precautionary measure of a mandatory speed restriction of 10 knots, for vessels of 20 metres or more in length travelling in the western Gulf of St. Lawrence, in parts of two shipping lanes north and south of Anticosti Island. Based on the extensive aerial surveillance in July and the absence of North Atlantic right whales reported in the dynamic shipping zones, Transport Canada returned to a dynamic approach in managing the dynamic shipping zones, effective August 2, 2019.
  • On July 8, 2019, the Government of Canada announced new vessel traffic management measures to protect the North Atlantic right whale. These additional measures included:
    • slowing down more ships to include those measuring more than 13 metres in length;
    • expanding the zones in which speed restrictions apply (extending the static zone to the east and adding dynamic shipping zone E);
    • dividing the mandatory static zone into northern and southern zones;
    • expanding the buffer zone around the dynamic shipping zones; and
    • increasing aerial surveillance.

2020

In 2020, to better protect the North Atlantic right whales in Canadian waters, we further enhanced the protection measures by implementing:

  • A new trial voluntary slowdown in Cabot Strait to coincide with the bulk of the North Atlantic right whale migration in and out of the Gulf of St. Lawrence;
  • New seasonal management areas, which are additional speed restriction areas located north and south of dynamic shipping zone E;
  • A new mandatory restricted area located in and near the Shediac Valley to better protect right whales where a large number of them are anticipated to be present in this area during the summer months; and
  • Incorporated the use of a Remotely Piloted Aircraft System (or drone) and an underwater acoustic glider into our surveillance and monitoring plans for part of the 2020 season

Planning for the future

Transport Canada continuously engages with its partners and stakeholders to acquire and share valuable information to help protect the North Atlantic right whales. Together we are assessing lessons learned from the past seasons and finding the right path forward for all.