WASHINGTON –Defenders of Wildlife, The Humane Society of the United States and The Ocean Conservancy filed suit today against the National Marine Fisheries Service for failing to protect North Atlantic right whales from collisions with ships. In May, these same groups petitioned the agency for immediate action to protect the species. At least 9 right whales have been killed in the last 20 months. The lawsuit follows the agency's denial of the petition in September.

"Every time a commercial ship hits and kills a right whale, it pushes the species that much closer to the brink of extinction," said Rodger Schlickeisen, president of Defenders of Wildlife.  "There are a number of obvious, simple steps the federal government can take, including slowing and rerouting ships, to cut whale deaths, and they need to do it before it is too late for the right whale."

The North Atlantic right whale, with about 300 remaining, has been protected under the Endangered Species Act and the Marine Mammal Protection Act for decades, but few concrete steps have been taken to protect them and conserve their essential habitats. Federal agencies have a legal obligation to protect them and preserve their habitats.  Far from it, right whales, whose habitat includes the busy shipping lanes of the east coast, remain virtually unprotected from ship strikes, the leading cause of death for the species.  Of all known right whale deaths since 1986, more than 35 percent have been due to ship strikes.

"NMFS has been promising regulations to protect right whales 'within the next year' since 2001," said Jonathan R. Lovvorn, vice president of animal protection litigation for The HSUS.  "Everyone knows what needs to be done. The only question is whether the agency is going to continue to twiddle its thumbs until the last 300 members of this species are gone forever."

Since January 2004, at least nine right whale deaths have been recorded.  NMFS acknowledges, however, this figure is most likely higher due to undetected deaths. Of the nine dead, three are confirmed ship strikes. These losses are particularly devastating because at least six of these whales were reproductively-mature females, and three of them were pregnant and carrying near-term female calves at the time of their death.  The loss of this many reproductive females in such a short period of time is unprecedented in the last quarter century. 

Despite this significant spike in right whale mortalities, the agency continues to delay establishing protective measures.  

"The scientific community, the conservation community, and even the Fisheries Service agree that this species is heading toward extinction," said Sierra Weaver, staff attorney for The Ocean Conservancy.  "The situation calls for timely solutions, not bureaucratic delay.  We know what needs to be done to protect the right whale.  The time to act is now."

The groups are being represented by Meyer Glitzenstein & Crystal, a public interest law firm in Washington, DC.

Defenders of Wildlife is a leading nonprofit conservation organization recognized as one of the nation's most progressive advocates for wildlife and its habitat. With more than 500,000 members and supporters, Defenders of Wildlife is an effective leader on endangered species issues.

The Humane Society of the United States is the nation's largest animal protection organization representing more than 9.5 million members and constituents. The non-profit organization is a mainstream voice for animals, with active programs in companion animals and equine protection, disaster preparedness and response, wildlife and habitat protection, animals in research and farm animal welfare. The HSUS protects all animals through education, investigation, litigation, legislation, advocacy, and field work. The group is based in Washington and has numerous field representatives across the country. On the web at www.hsus.org.

The Ocean Conservancy strives to be the world's foremost advocate for the oceans.  Through science-based advocacy, research, and public education, we inform, inspire and empower people to speak and act for the oceans.  Headquartered in Washington, DC, with more than half a million members and volunteers The Ocean Conservancy has regional offices in Alaska, California, Florida, and New England and field offices in Santa Barbara and Santa Cruz, CA, and the U.S. Virgin Islands.