EPA's Vessel General Permit and Small Vessel General

from current shifts and water temperatures can significantly affect the occurrence of the North
Atlantic right whale’s primary food, copepod crustaceans. If climate changes such that current
feeding areas cannot sustain North Atlantic right whales, the population may have to shift to
reflect changes in prey distribution, pursue other prey types, or face prey shortage. Changes in
calving intervals with sea surface temperature have already been documented for southern right
whales (Leaper et al. 2006).
North Atlantic right whales, as with many marine mammals, are exposed to numerous toxins in
their environment, many of which are introduced by humans. Levels of chromium in North
Atlantic right whale tissues are sufficient to be mutagenic and cause cell death in lung, skin, or
testicular cells and are a concern for North Atlantic right whale recovery (Wise et al. 2008, Chen
et al. 2009). The organochlorines DDT, DDE, PCBs, dieldrin, chlordane, HCB, and heptachlor
epoxide have been isolated from blubber samples and reported concentrations may underestimate
actual levels (Woodley et al. 1991). Mean PCB levels in North Atlantic right whales are greater
than any other baleen whale species thus far measured, although less than one-quarter of the
levels measured in harbor porpoises (Van Scheppingen et al. 1996, Gauthier et al. 1997).
Organochlorines and pesticides, although variable in concentration by season, do not appear to
currently threaten North Atlantic right whale health and recovery (Weisbrod et al. 2000). Flame
retardants such as PBDEs (known to be carcinogenic) have also been measured in North Atlantic
right whales (Montie et al. 2010).
Critical habitat
Critical habitat is designated for right whales in the North Atlantic. NMFS designated three
areas in June 1994 as critical habitat for Eubalaena glacialis for feeding and calving (59 FR
28805). The critical habitats for feeding cover portions of the Great South Channel (east of Cape
Cod), Massachusetts Bay and Cape Cod Bay, and Stellwagen Bank. Northern critical habitat
was designated because of the concentration of right whales that feed in the area, apparently
associated with complex oceanographic features that drive prey density and distribution. This
area has come under considerable scrutiny within the past few years because of the concern over
ship strikes in this area. Boston serves as a major port facility and vessels transiting to and from
the port cross critical habitat where North Atlantic right whale mortality occurs. Shipping traffic
has generally increased in the recent past and could be considered to degrade the habitat due to
the additional mortality and injury risk now present in the area. Although voluntary regulations
are in place, these are frequently ignored and mandatory regulations are under consideration. The
southern critical habitats are along Georgia and northeastern Florida coasts (waters from the
coast out 15 nautical miles between the latitudes of 31°15’ N and 30°15’ N and from the coast
out five nautical miles between 30°15’ N and 28°00’ N). Southern critical habitat is designated
to protected calving and breeding grounds for North Atlantic right whales, which generally calve
and breed in shallow coastal waters. This critical habitat has generally fared better than northern
critical habitat and significant degradation has not been clearly identified.
Humpback whale
Species Description and Distribution
The humpback whale is a cosmopolitan species that occurs in the Pacific, Atlantic, Indian, and
183