2023 traffic management measures to protect North Atlantic right whales in Canada

Transport Canada (TC) – April 19, 2023 – This notice to fish harvesters is issued in accordance with 2023 traffic management measures, as previously announced by Transport Canada, to protect North Atlantic right whales (NARW) in Canada.

Due to changing migration patterns of North Atlantic right whales and their increased presence in the Gulf of St. Lawrence, the Government of Canada has established seasonal speed restrictions in specific zones. These speed restriction zones are defined as “static zones”, “dynamic shipping zones”, “seasonal management areas”, a “voluntary seasonal speed restriction zone’’, and a “restricted area”. See the map below for details.

Note: Vessels must follow Navigational Warnings outlining the speed restrictions. The Interim Order for the Protection of North Atlantic Right Whales (Eubalaena Glacialis) in the Gulf of St. Lawrence, 2023 enables the issuance of Navigational Warnings (NAVWARNs) imposing speed restrictions or navigation restrictions.

Speed restriction zones are described in monthly Notices to Mariners (NOTMARs), which are published by the Canadian Coast Guard (CCG). The status of these zones is broadcasted through NAVWARNs, which is published by the CCG’s Marine Communications and Traffic Services (MCTS) Centres.

Please refer to the latest NAVWARN issued by the CCG-MCTS for all speed restrictions currently in effect.

Speed Restriction Measures for 2023

These restrictions will be in effect from April 19 to November 15, 2023.

Exemptions

The following exemption will apply to all measures:

• A vessel in distress or providing assistance to a person or vessel in distress.
• A government vessel being used:
• for law enforcement activities;
• for search and rescue operations; or
• to ensure the competency of the crew or the operational readiness of the vessel or crew with respect to such activities or operations.

Static zones

In the static zones, all vessels above 13 m in length overall must proceed at a speed of not more than 10.0 knots over the ground.

Exceptions

Air cushion vessels operated by or on behalf of the Government of Canada that are engaged in ice-clearing activities from April to June in and around Chaleur Bay are exempted when in operation.

36.57 m (20-fathom) shallow water protocol

• Vessels engaged in any commercial fishing activity may proceed at a safe operational speed in waters not more than 36.57 m (20 fathom) deep.
• If a notice to fish harvesters states that at least one right whale has been detected within a static zone in waters that are less than 36.57 m deep, the 10.0 knots speed limit will apply to all vessels above 13 m in length overall for 15 days after the day on which the right whale was detected.
• If a new notice to fish harvesters with the same statement is published or broadcast during the last seven days of the 15-day period, the speed limit will continue to apply for a further 15 days after the day on which the new right whale was detected.

Please refer to Schedule 1 for the coordinates of the northern static zone and the southern static zone.

Dynamic shipping zones

There are five dynamic shipping zones (DSZ) located in the routeing systems north and south of Anticosti Island: A, B, C, D and E

When the Government of Canada detects a North Atlantic right whale in a dynamic shipping zone:

• All vessels will be notified via a NAVWARN; and
• Vessels above 13 m in length overall must proceed at a speed of not more than 10.0 knots over the ground within that zone.

Please refer to Schedule 2 for the coordinates of the dynamic shipping zones.

Speed restrictions in the dynamic shipping zones

The detection of North Atlantic right whales in one or more dynamic shipping zone(s), will trigger a speed restriction in the concerned zone(s). The speed restriction in the dynamic shipping zone(s) will be in effect for 15 days from the date of detection. The speed restriction may be extended for an additional 15 days from the date that a new detection occurs if North Atlantic right whales continue to be detected during the last 7 days of the 15-day slowdown period.

When a NAVWARN is issued implementing a speed restriction in one or more dynamic shipping zone(s), vessels above 13 m in length must not exceed a speed of 10.0 knots over the ground.

Within any zone that is not subject to a speed restriction, mariners may proceed at a safe operational speed. Mariners are encouraged to take into consideration the potential for their vessel striking North Atlantic right whales when considering a “safe operational speed” during navigation.

Seasonal management areas

Seasonal management area 1 (SMA-1) and seasonal management area 2 (SMA-2) are speed restriction areas located north and south of dynamic shipping zone E, respectively.

Within seasonal management areas, vessels above 13 m in length:

• must restrict their speed to not exceed 10.0 knots over the ground from April 19th to June 27th, 2023; and
• are allowed to proceed at a safe operational speed from June 28th to November 15th, 2023, unless a North Atlantic right whale is detected. If a right whale is detected, a speed restriction of 10.0 knots over the ground will be triggered for 15 days from the date of detection. The speed restriction will be extended for an additional 15 days from the date that a new detection occurs, if North Atlantic right whales continue to be detected during the last 7 days of the 15-day slowdown period.

Please refer to Schedule 3 for the coordinates of seasonal management area 1 and 2.

Restricted area

In the summer months, an important proportion of the total North Atlantic right whale population gathers for feeding and surface activity near the Shediac Valley. Since this makes the North Atlantic right whale more susceptible to vessel collisions, a mandatory restricted area will be implemented in and near the Shediac Valley and will come into force once 80% of the restricted area is 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.

The size and location of the area are determined based on historical detection data of North Atlantic right whales. Triggering and lifting of the restricted area will be communicated to mariners through a NAVWARN and notice to fish harvesters.

Vessels above 13 m in length will be required to:

• avoid the area unless they are part of the exceptions listed in the Interim Order;
• transit the area at a speed not exceeding 8.0 knots over the ground if they are included in the exception list.

The following exceptions will apply to the restricted area. The vessels listed below can travel through the area at not more than 8.0 knots over the ground:

• A vessel being used for commercial fishing;
• A vessel being used for fishing under the authority of a licence issued under the Aboriginal Communal Fishing Licences Regulations;
• A vessel being used for research purposes on behalf of the Government of Canada;
• A vessel involved in research relating to right whales as part of a project that has received funding from the Government of Canada;
• A vessel being used as part of the Department of Fisheries and Oceans’ Marine Mammal Response Program to assist a marine mammal or sea turtle in distress or to access or retrieve a deceased marine mammal or sea turtle;
• A vessel authorized by the Government of Canada to retrieve or identify the location of abandoned or lost fishing gear;
• A vessel involved in pollution response operations;
• A vessel avoiding immediate or unforeseen danger.

The following vessels can travel through the restricted area at a speed over 8.0 knots, but below 10.0 knots over the ground as required by the static speed restriction zone:

• A vessel being used by an employee of the Government of Canada or peace officer who is performing their duties.

Please refer to Schedule 4 for the coordinates of the restricted area.

Inclement weather exception

Mariners will be notified in advance via a NAVWARN should the speed restriction status change in any zone or area, due to inclement weather.

Within any zone or area that is not subject to a speed restriction due to adverse weather conditions, mariners may proceed at a safe operational speed. Mariners are however encouraged to take into consideration the potential for their vessel striking North Atlantic right whales when considering a “safe operational speed” during navigation.

*Non-excepted vessels are still prohibited from transiting through the restricted area.

Voluntary seasonal slowdown in Cabot Strait

To coincide with the North Atlantic right whales entering and exiting the Gulf of St. Lawrence in large numbers, a voluntary seasonal slowdown is being put in place in Cabot Strait from April 19th to June 27th, 2023, and from September 27th to November 15th, 2023.

• During these periods, vessels above 13 m in length are requested to voluntarily reduce their speed to not exceed 10.0 knots over the ground.

Please refer to Schedule 4 for the coordinates of voluntary slowdown trial in the Cabot Strait.

Map of the Gulf of St. Lawrence

The following map shows

• the static zones, in pink;
• the dynamic shipping zones, in green;
• the seasonal management areas, in dark pink;
• the trial voluntary slowdown zone, in grey;
• the restricted area, in dark blue; and
• the 36.57 m (20 fathom) shallow water protocol line, in dark blue.

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

NAVWARN broadcasts

The CCG-MCTS issues and publishes NAVWARNs:

• by radio broadcast; and
• online at Canada’s Maritime Information Portal and its Navigational Warnings site.

Mariners must ensure they have accurate and up-to-date information about the protection of the North Atlantic right whale, as in all applicable NOTMARs and NAVWARNs.

For the North Atlantic right whale speed restriction, the NAVWARN that is currently in effect will be provided to vessels subject to the Vessel Traffic Services Zone Regulations or the Eastern Canada Vessel Traffic Services Zone Regulations:

Outbound vessels

• at Calling-in-Point 10 (St-Laurent); or

• upon a departure downstream from the Quebec pilot station (including the Saguenay River, Chaleur Bay, Miramichi Bay, etc.)

Inbound vessels

• when a clearance to enter Canadian waters is granted

Vessels in transit

• at the last reporting point prior to entering the speed restriction area; and/or
• at 10 nautical miles prior to entering the speed restriction zone

For those vessels not subject to the above-mentioned regulations, vessel operators are required to monitor broadcasts by the Canadian Coast Guard’s Marine Communications and Traffic Services (MCTS) network for the most up to date information. For marine radio frequencies and broadcast times, information may be found in the Radio Aids to Marine Navigationpublication.

Aids to navigation

The Canadian Coast Guard is currently testing virtual Automatic Identification System (AIS) aids to navigation (AIS AtoN) in specific areas. These aids notify mariners of a dynamic shipping zone subject to a speed restriction, per NOTMAR 819(T)/2016.

Each dynamic shipping zone is delimited by four virtual AIS AtoN, which can be displayed on a ship’s navigation equipment, such as

• Electronic Chart Display and Information System (ECDIS);
• Electronic Chart System (ECS);
• RADAR;
• Minimum Keyboard Display (MKD); and
• Electronic Nautical Chart (ENC).

The Canadian Coast Guard broadcasts the virtual AIS AtoN only when a speed restriction is in effect in one or more testing zones.

Mariners must select the virtual AIS AtoN symbol to view a message such as “SectA1 Spd Lim 10 kt.” This message refers to a speed restriction in effect for a specific zone.

Note: This system is not the primary way we communicate this information.

Compliance and enforcement

You must comply with the NAVWARNs broadcasted and published by the Canadian Coast Guard related to any Interim Order made pursuant to the Canada Shipping Act, 2001, aimed at regulating the navigation for the purposes of protecting the North Atlantic right whales.

If you do not comply with instructions in the NAVWARNs or in the Interim Orders, you could face:

• administrative monetary penalties up to a maximum of CAN $250,000; and/or
• penal sanctions under the Canada Shipping Act, 2001 is liable on summary conviction to a fine of not more than CAN $1,000,000 or to imprisonment or a term of not more than 18 months, or to both.

If your vessel appears to have violated the speed restriction, Transport Canada Marine Safety inspectors will review all information provided through AIS and seek an explanation from the master.

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

• Navigating to ensure vessel safety;
• Weather conditions;
• Force majeure (unforeseeable circumstances); and
• Responding to emergencies.

Report a North Atlantic right whale sighting

If you see a North Atlantic right whale that is entangled, injured or dead, please report it to your nearest Canadian Coast Guard Marine Communications and Traffic Services Centre, or as follows:

Southern part of the Gulf of St. Lawrence

Marine Animal Response Society
Telephone: 1-866-567-6277

Newfoundland and Labrador

Whale Release and Strandings
Telephone: 1-888-895-3003

For the Québec Sector

Marine Mammal Emergencies
Telephone: 1-877-722-5346

For Additional Information

Regular updates and sightings maps will be posted at the following address:
Whale Insight - An interactive map of North Atlantic right whale detections in Canada

Transport Canada Whale Coordinator
Stéphanie Talbot
TC.MSSWhales-BaleinesSSM.TC@tc.gc.ca

Schedule 1 - Static zones

Schedule 2 - Dynamic shipping zones

Schedule 3 - Seasonal management areas

Schedule 4 - Restricted area

Schedule 5 - Voluntary seasonal slowdown zone