NOAA Withdraws Proposed Rule
The National Oceanic and Atmospheric Administration (NOAA) and the National Marine Fisheries Service (NMFS) have withdrawn the proposed rule to amend the North Atlantic right whale vessel speed regulations.
The proposed rule has been a hot topic in the marine industry since it was published on August 1, 2022. The withdrawal comes because of the numerous and ongoing requests from the public for further opportunity to review and engage with the agencies on the proposal. This does not change the existing vessel speed regulations in effect.
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The protection of the right whale from ship collisions was the primary factor for the rule. The proposed rule was designed to expand the vessel size in the current 10 knots or less restriction to include boats measuring 35 to 65 feet in length and expand the zones to include nearly the entire East Coast to 100 miles offshore. Although vessel strikes were one of the main causes listed in the decline of the right whale population, the American Sportfishing Association put the odds of a vessel 35-65 feet striking a right whale at less than one in a million. The marine industry spoke loudly against the proposed rule and asked for NOAA and NMFS to look at alternatives. Simply speaking, the rule would have a significant impact on the recreational fishing and boating industry, including thousands of jobs along the East Coast.
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According to a statement from NOAA: “NMFS received approximately ninety thousand public comments on the proposed rule. The comments received addressed many different aspects of the rule and reflected views on all sides of the issue addressed. Despite its best efforts, NMFS does not have sufficient time to finalize this regulation in this administration due to the scope and volume of public comment. NMFS hereby withdraws the August 2022 proposed rule and terminates this rulemaking proceeding. NMFS’ existing North Atlantic right whale vessel speed regulations remain in effect.”
NMFS does have the option for future action, including new rulemaking if appropriate.
