Environmental Assessment/Regulatory Impact Review/Final Regulatory Flexibility Analysis for a Regulatory Amendment to Implement Minimum Approach Distances Around Humpback Whales in Waters off Alaska

After careful evaluation of the overall marine mammal viewing situation in Alaska, NOAA Fisheries concluded that regulations were necessary to manage vessel traffic around humpback whales. The nature of humpback whale distribution and feeding behaviors concentrates viewing pressure on individuals or groups over extended periods of time. While the potential for disturbance to marine mammals other than humpback whales exists, regulations to protect humpback whales were considered most critical at this time.

NOAA Fisheries is amending 50 CFR Part 224.103 to establish regulations on minimum approach distances around humpback whales, Megaptera novaeangliae, within waters off Alaska. Under these regulations, it would be unlawful to approach by any means, including by interception, within 200 yards of a humpback whale. This is necessary to minimize the disturbance to humpback whales feeding in waters off Alaska.