2023 Transport Canada restricted area activated to protect North Atlantic right whales in Canada

Transport Canada (TC) – [June 21 2023, 18:30 EST] – This notice to fish harvesters is issued in accordance with the 2023 Transport Canada restricted area, as previously announced on March 31st, 2023, to protect North Atlantic right whales (NARW) in Canada. This notice is to alert fish harvesters that this restricted area is activated via Navigational Warning on 21 June, 2023. See below for information on the restricted area as previously announced.

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 are published by the CCG’s Marine Communications and Traffic Services (MCTS) Centres.

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 grids within the restricted area is closed to fishing for the season as per the Department of Fisheries and Oceans' right whale closure protocol. The restricted area will be lifted once the North Atlantic right whale detections decrease. The size and location of the area is determined based on historical detection data of North Atlantic right whales. All necessary details can be found in the Interim Order. 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 (LOA) 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. Vessels listed 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 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 1 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 for example, 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.

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.