Right Whales and Cashes Ledge: How to Make a Good Thing Last

By Tricia Jedele

In late January, North Atlantic right whales scored a big win when the National Oceanic Atmospheric Administration (NOAA) expanded the critical habitat for the endangered whale from 4,500 square nautical miles to 28,000 square nautical miles.

The original area included only a portion of Cape Cod Bay and an area east of Nantucket near the Great South Channel. This major expansion adds almost all of the Gulf of Maine, east to Georges Bank, and south all the way to Cape Canaveral, Florida. The Gulf of Maine expansion includes Cashes Ledge – an area known for its rich biodiversity and abundance of fish and marine mammals and a place that CLF has been fighting to permanently protect for years.

This is great news for the North Atlantic right whale – the world’s most endangered large whale – and for those of us who care about saving it. Expanding the whale’s critical habitat means that federal agencies are thinking more systemically about what the right whale needs not just to survive but to once again thrive – designating not only places where the whales congregate to forage, but also the places that are critical for mating and calving.

This expansion is also a terrific example of ocean use planning in action. Before announcing the final decision, NOAA, through its National Marine Fisheries Service, called for public dialogue and input about the proposed expansion. It also allowed for new information to guide and influence its decisions around how to manage and permit other activities (like clean energy projects or industrial exploration) in the expanded areas going forward.

Critical Habitat is Good; Permanent Protection is Better – and Necessary

Right whale calf and mother

Right whale calf and mother. ©Brian Skerry

According to NOAA, calling an area “critical habitat” means that it contains physical or biological features essential to the conservation of a particular species – and those features may require special management considerations or protection.

Federal agencies looking to issue permits or companies seeking permits have to work with NOAA to avoid or reduce impacts from their activities on critical habitats. But, a critical habitat designation isn’t as protective as it sounds. It’s more like a “caution” sign than a stop sign. The designation doesn’t establish a refuge for the right whale or its food sources. And it doesn’t specifically put the area off limits or dictate that certain activities cannot occur.

For endangered species, functional critical habitat is the key to survival. We understand this concept well on land. One ongoing success story is China’s giant panda. People around the world are working to secure permanent protections for its habitats to ensure survival of the species. The Nature Conservancy, for example, has worked with the Chinese government to protect 27,000 acres of Pingwu County for the benefit of just 10 giant pandas.

Today, approximately 1,800 giant pandas remain worldwide. In comparison, just over 500 individual North Atlantic right whales are struggling to survive. Yet we have failed to to permanently protect even one acre of the habitat it needs to recover.

Considering that we know where some of the areas so critical to the North Atlantic right whale are, we need to ask why we’ve been successful in protecting lands critical for terrestrial species, but we haven’t given this same level of protection – or attention – to marine species. Cashes Ledge, a small area in the Gulf of Maine, is uniformly recognized as a scientific marine treasure, and already closed to most fishing. Permanently protecting this area would have little negative impact – yet the positive impact protection might have on the North Atlantic right whale could mean the difference between the species’ survival or its extinction.

Conservation Law Foundation believes that it is time to embrace the familiar land-based conservation principles and apply them, based on the best available scientific information, to permanently protect some of the most impressive and ecologically important ocean habitats and resources in the North Atlantic.

Dramatically expanding the critical habitat area for North Atlantic right whales was without question a good thing – and so was including Cashes Ledge in that designated area.

Let’s now take a good thing and make it even better by permanently protecting Cashes Ledge. Otherwise, this designation will just be a good thing that wasn’t quite good enough.