FAA Is Not The Sole Flight Regulatory Authority

Okay. You're planning a sightseeing flight off the coast, and you
think you've checked "all available information" per Title 14 of the
Code of Federal Regulations (14 CFR) section 91.103. But are the FARs
the only place a PIC needs to check for federal flight regulations?

Apparently other government agencies in addition to FAA rule the skies
also:


http://www.faa.gov/news/aviation_new...mayjun2008.pdf

Although people like to go whale watching, pilots need to maintain
the proper minimum altitude over whales to avoid disturbing them.
Florida Fish and Wildlife Conservation Commission photo

Whale Watching

Even if you live near the ocean, it’s a safe
bet that you will never have to worry about
whales invading your airplane. Whales, on the
other hand, sometimes have to worry about having
their space invaded—illegally—by aerial sightseers
in general aviation aircraft. Since the beginning
of the year, the National Oceanic and Atmospheric
Administration (NOAA) has documented several
private aircraft off the coasts of Georgia and Florida
circling in close proximity to right whales, which are
a critically endangered species in the baleen whale
family.

Here’s the rule. We pilots aren’t keen on having
wildlife invade our space, and the law requires
us to return the favor when it comes to operating
in the vicinity of certain animals. You are probably
already aware of the requirement to fly at least 2,000
feet above ground level (AGL) over wildlife preserves
depicted on sectional aeronautical charts. What you may
not know, though, is that if you fly near any place
that right whales are known to live, the law (Title 50
Code of Federal Regulations section 224.103(c)) prohibits
you from approaching within 1,500 feet (500
yards) of these creatures, unless you have a permit
from the National Marine Fisheries Service. If you
do not have such authorization, the law requires that
you establish a course away from any right whale and
immediately depart the area at a constant airspeed,
unless compliance would create an “imminent and
serious threat” to a person, vessel, or aircraft.

So keep a sharp lookout, and do your part to
“fly friendly” wherever you happen to be.


Susan Parson is a special assistant in the FAA’s General Aviation
and Commercial Division. She holds an ATP certificate with an
airplane multiengine land rating and commercial privileges for
airplane single-engine land. She also holds advanced and
instrument ground instructor certificates and a flight instructor
certificate with ratings for airplane single and multiengine
land and instrument airplane.


Who knew?

Apparently the author of the above article that appeared on page 28 of
FAAAviation News May/June 2008, Ms. Susan Parson, overlooked Title 50
Code of Federal Regulations section 224.103(c))(iv):

(iv) Paragraphs (c)(1) and (c)(2) of this section do not apply to
an aircraft unless the aircraft is conducting whale watch
activities.

Is there a formal definition of "whale watch" activities?


Here's the federal regulation:

---------------------------------------------------------
http://ecfr.gpoaccess.gov/cgi/t/text...0.13.3&idno=50
e-CFR Data is current as of May 1, 2008

Title 50: Wildlife and Fisheries
PART 224—ENDANGERED MARINE AND ANADROMOUS SPECIES

§ 224.103 Special prohibitions for endangered marine mammals.
(a) Approaching humpback whales in Hawaii. Except as provided in part
222, subpart C, of this chapter (General Permit Procedures), it is
unlawful for any person subject to the jurisdiction of the United
States to commit, to attempt to commit, to solicit another to commit,
or to cause to be committed, within 200 nautical miles (370.4 km) of
the Islands of Hawaii, any of the following acts with respect to
humpback whales ( Megaptera novaeangliae ):

(1) Operate any aircraft within 1,000 feet (300 m) of any humpback
whale;

(2) Approach, by any means, within 100 yard (90 m) of any humpback
whale;

(3) Cause a vessel or other object to approach within 100 yd (90 m) of
a humpback whale; or

(4) Disrupt the normal behavior or prior activity of a whale by any
other act or omission. A disruption of normal behavior may be
manifested by, among other actions on the part of the whale, a rapid
change in direction or speed; escape tactics such as prolonged diving,
underwater course changes, underwater exhalation, or evasive swimming
patterns; interruptions of breeding, nursing, or resting activities,
attempts by a whale to shield a calf from a vessel or human observer
by tail swishing or by other protective movement; or the abandonment
of a previously frequented area.

(b) Approaching humpback whales in Alaska —(1) Prohibitions. Except as
provided under paragraph (b)(2) of this section, it is unlawful for
any person subject to the jurisdiction of the United States to commit,
to attempt to commit, to solicit another to commit, or to cause to be
committed, within 200 nautical miles (370.4 km) of Alaska, or within
inland waters of the state, any of the acts in paragraphs (b)(1)(i)
through (b)(1)(iii) of this section with respect to humpback whales (
Megaptera novaeangliae ):

(i) Approach, by any means, including by interception (i.e., placing a
vessel in the path of an oncoming humpback whale so that the whale
surfaces within 100 yards (91.4 m) of the vessel), within 100 yards
(91.4 m) of any humpback whale;

(ii) Cause a vessel or other object to approach within 100 yards (91.4
m) of a humpback whale; or

(iii) Disrupt the normal behavior or prior activity of a whale by any
other act or omission, as described in paragraph (a)(4) of this
section.

(2) Exceptions. The following exceptions apply to this paragraph (b),
but any person who claims the applicability of an exception has the
burden of proving that the exception applies:

(i) Paragraph (b)(1) of this section does not apply if an approach is
authorized by the National Marine Fisheries Service through a permit
issued under part 222, subpart C, of this chapter (General Permit
Procedures) or through a similar authorization.

(ii) Paragraph (b)(1) of this section does not apply to the extent
that a vessel is restricted in her ability to maneuver and, because of
the restriction, cannot comply with paragraph (b)(1) of this section.

(iii) Paragraph (b)(1) of this section does not apply to commercial
fishing vessels lawfully engaged in actively setting, retrieving or
closely tending commercial fishing gear. For purposes of this
paragraph (b), commercial fishing means taking or harvesting fish or
fishery resources to sell, barter, or trade. Commercial fishing does
not include commercial passenger fishing operations (i.e. charter
operations or sport fishing activities).

(iv) Paragraph (b)(1) of this section does not apply to state, local,
or Federal government vessels operating in the course of official
duty.

(v) Paragraph (b)(1) of this section does not affect the rights of
Alaska Natives under 16 U.S.C. 1539(e).

(vi) These regulations shall not take precedence over any more
restrictive conflicting Federal regulation pertaining to humpback
whales, including the regulations at 36 CFR 13.65 that pertain
specifically to the waters of Glacier Bay National Park and Preserve.

(3) General measures. Notwithstanding the prohibitions and exceptions
in paragraphs (b)(1) and (2) of this section, to avoid collisions with
humpback whales, vessels must operate at a slow, safe speed when near
a humpback whale. “Safe speed” has the same meaning as the term is
defined in 33 U.S.C. 2006 and the International Regulations for
Preventing Collisions at Sea 1972 (see 33 U.S.C. 1602), with respect
to avoiding collisions with humpback whales.

(c) Approaching right whales —(1) Prohibitions. Except as provided
under paragraph (c)(3) of this section, it is unlawful for any person
subject to the jurisdiction of the United States to commit, attempt to
commit, to solicit another to commit, or cause to be committed any of
the following acts:

(i) Approach (including by interception) within 500 yards (460 m) of a
right whale by vessel, aircraft, or any other means;

(ii) Fail to undertake required right whale avoidance measures
specified under paragraph (c)(2) of this section.

(2) Right whale avoidance measures. Except as provided under paragraph
(c)(3) of this section, the following avoidance measures must be taken
if within 500 yards (460 m) of a right whale:

(i) If underway, a vessel must steer a course away from the right
whale and immediately leave the area at a slow safe speed.

(ii) An aircraft must take a course away from the right whale and
immediately leave the area at a constant airspeed.

(3) Exceptions. The following exceptions apply to this section, but
any person who claims the applicability of an exception has the burden
of proving that the exception applies:

(i) Paragraphs (c)(1) and (c)(2) of this section do not apply if a
right whale approach is authorized by the National Marine Fisheries
Service through a permit issued under part 222, subpart C, of this
chapter (General Permit Procedures) or through a similar
authorization.

(ii) Paragraphs (c)(1) and (c)(2) of this section do not apply where
compliance would create an imminent and serious threat to a person,
vessel, or aircraft.

(iii) Paragraphs (c)(1) and (c)(2) of this section do not apply when
approaching to investigate a right whale entanglement or injury, or to
assist in the disentanglement or rescue of a right whale, provided
that permission is received from the National Marine Fisheries Service
or designee prior to the approach.

(iv) Paragraphs (c)(1) and (c)(2) of this section do not apply to an
aircraft unless the aircraft is conducting whale watch activities.

(v) Paragraph (c)(2) of this section does not apply to the extent that
a vessel is restricted in her ability to maneuver and, because of the
restriction, cannot comply with paragraph (c)(2) of this section.

(d) Special prohibitions relating to endangered Steller sea lion
protection. The regulatory provisions set forth in part 223 of this
chapter, which govern threatened Steller sea lions, shall also apply
to the western population of Steller sea lions, which consists of all
Steller sea lions from breeding colonies located west of 144° W. long.

[64 FR 14066, Mar. 23, 1999, as amended at 66 FR 29509, May 31, 2001;
69 FR 69537, Nov. 30, 2004; 70 FR 1832, Jan. 11, 2005]
---------------------------------------------------------



So, where are right whales found?

http://whale.wheelock.edu/whalenet-stuff/reportsRW_NE/
NOAA, and NMFS
Right Whale Sighting Advisory System (SAS)
and
The Division of Marine Fisheries
of the Commonwealth of Massachusetts
REPORTS & DATA: 2008




http://whale.wheelock.edu/whalenet-stuff/reports/
New England Aquarium
EARLY WARNING SYSTEM
Surveys For Right Whales in the Florida/Georgia area.
Maps, Data, and Reports



http://www.googlesyndicatedsearch.co...e.wheelock.edu