322 C.M.R. 12.08 – Conduct Related to Interacting with Large Whales and Sea Turtles

(1) Harassment and Harm. It shall be unlawful for any vessel, or operator thereof, to harass or harm any right whale at any time or place.
(2) Vessel Interactions and Buffer Zones. It shall be unlawful for any vessel registered in Massachusetts or within the waters under the jurisdiction of the Commonwealth to:
1. (a) enter into a Buffer Zone created by a surfacing right whale;
2. (b) approach or intercept a right whale from a Buffer Zone; or
3. (c) not depart immediately from a Buffer Zone upon the presence of a surfacing right whale.
(3) Commercial Fishing Activity and Buffer Zones. It shall be unlawful for any commercial fishing vessel which has completed a haul back, a tow of its gear, or otherwise completed its active fishing operation and is no longer at anchor not to depart immediately from a Buffer Zone upon presence of a surfacing right whale. If a commercial fishing vessel is in the act of hauling back, towing gear, or is actively engaged in a fishing operation within a Buffer Zone created by a surfacing right whale, the vessel may complete its haul, tow or active fishing operation provided it does so with minimum disruption to the right whale and immediately departs from the Buffer Zone upon completion. This provision shall not authorize a commercial fishing vessel to begin a haul, tow, or active fishing operation in or into a Buffer Zone.
(4) Commercial Fishing. Commercial fishing vessels in the act of hauling back, towing gear or engaged in fishing operations at anchor within a Buffer Zone created by a surfacing right whale, may complete the haul, tow or fishing operation provided it does so with a minimum of disruption to the right whale, hauls, tows or conducts its fishing operation in a direction away from the right whale, and departs from the buffer zone immediately after the haul, tow, or fishing operation. In no event may 322 CMR 12.08(4) be construed to authorize a commercial fishing vessel to begin to haul, tow, or conduct its fishing operation in or into a Buffer Zone.
(5) Entanglements.
1. (a) It shall be unlawful for the operator of any vessel to immediately fail to report the entanglement of any large whale or sea turtle in any fishing gear or lines.
2. (b) Operators of vessels that observe large whales or sea turtles entangled in fishing gear or lines shall report said entanglements to NOAA Fisheries' entanglement hotline at 866-755-6662, the Massachusetts Environmental Police Office of Law Enforcement at 800-632-8075, or the Provincetown Center for Coastal Studies at 800-900-3622.
3. (c) Upon reporting an entanglement in accordance with this section – and if so requested NOAA Fisheries, the Massachusetts Environmental Police Office of Law Enforcement, or the Provincetown Center for Coastal Studies – the vessel that has sighted the entangled right whale is exempt from complying with 322 CMR 12.08(2) for the sole purpose of assisting in the locating and tracking of the right whale and shall operate the vessel so as to minimize the disruption to the right whale; operate the vessel at a speed of less than ten nautical miles per hour; and immediately depart the Buffer Zone once disentanglement efforts begin or when requested to do so by the agencies or their designees.
(6) Exceptions for Scientific Permit Holders. Any entity issued a special scientific permit from the Division in accordance with M.G.L. c. 130, § 17, and 322 CMR 7.01(4)(c) or from any federal department, agency or instrumentality having the authority to issue permits for scientific research, observation, or management of right whales may be exempt from 322 CMR 12.07(6) for the purposes of conducting the research activity authorized by such a permit.