Right Whale – Wrong Whale

The National Marine Fisheries Service (NMFS) issued a rule rescinding its 2003 rule that purported to separate the right whale into the North Atlantic right whale and the North Pacific right whale and make various other changes under the Endangered Species Act. The 2003 changes were made without proper authority. NMFS will commence analysis to determine whether the two northern right whales are related. Adding to the confusion, there is also a southern right whale. While the scientists try to sort this out, mariners should continue to avoid whales without discrimination. 70 Fed. Reg. 1830 (HK Law).