The National Oceanic and Atmospheric Administration has withdrawn its proposal to amend vessel speed regulations that had been designed to protect endangered North Atlantic right whales.
According to federal filings from NOAA, the National Marine Fisheries Service withdrew the proposed rule “in light of numerous and ongoing requests from the public” to have more engagement with the rule proposal. In total, the fisheries service received about 90,000 public comments regarding the rules.
“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 comments,” Samuel D. Rauch, deputy assistant administrator for regulatory programs, said in the filing.
Along the East Coast, NOAA has seasonal management areas, which are zones where endangered right whales are known to migrate, breed or feed. Proposed in 2022, the rules would have expanded on existing requirements by reducing the maximum speed limit for commercial and recreational boats of 35 feet or larger to 10 knots, or about 11.5 mph, in zones across the East Coast. Currently, speed reductions only affect boats 65 feet or larger. It also enlarged the boundaries and extended the timing of seasonal speed zones by creating temporary speed zones when right whales were known to be present outside of active seasonal zones.
For the area around the Chesapeake Bay, the season under current regulations runs from Nov. 1 to April 30. Dynamic management areas, which are voluntary, are times when three or more right whales are spotted, which last about two weeks after the sightings. Under the proposed rules, Virginia Beach, as well as other coasts in Hampton Roads and along the Eastern Shore, would have speed restrictions from Nov. 1 to May 30.
North Atlantic right whales have been listed as endangered since 1970, according to NOAA. The latest estimate suggests fewer than 350 remain, including fewer than 70 breeding females. The number of new calves born in recent years has been “below average.” NOAA and other proponents of the proposed rules said they would lessen the risk of a whale being struck by a vessel in these areas. Many right whales, including at least one found dead in Hampton Roads, have injuries consistent with being struck by a vessel.
Gib Brogan, campaign director for the environmental group Oceana, said the withdrawal was “bureaucracy at its finest.” He added that the administration for president-elect Donald Trump must find a solution that keeps ocean life safe and supports the marine economy.
“While we waited over two years for a decision on the vessel strike reduction rule, our East Coast has become a graveyard for North Atlantic right whales,” Brogan said. “North Atlantic right whales don’t belong on our beaches, and they don’t deserve to die because of political incompetence and a blatant disregard for science-backed solutions. We hate to state the obvious, but we need a solution, and we need it now.”
Since the speed rules were proposed, more than $80 million of federal funding has been dedicated to improve whale tracking and speed enforcement. The $82 million from the Inflation Reduction Act was promised to support current technology like acoustic monitoring, and the development of new technology to enable vessels to detect and avoid the whales.
Opponents, however, cited economic and safety risks resulting from the proposed rules. Frank Hugelmeyer, president and CEO of the National Marine Manufacturers Association, said the rules as written put the livelihoods of coastal communities “at risk.” He said the rules “failed to distinguish between large, ocean-crossing vessels and small recreational boats.”
“Most concerning, the proposed rule completely ignored the advanced marine technologies available now that can best protect the North Atlantic right whale and prevent vessel strikes,” Hugelmeyer said. “The rule’s many blind spots would have created dire consequences for boater safety and accessibility, the economic vitality of coastal communities and marine manufacturers and the livelihoods of countless supporting small businesses, all while undermining years of progress in marine conservation.”
Withdrawal from the current process does not necessarily mean there will be no future action, according to NOAA. If the administration were to try again, they would use a different process. Current regulations regarding speed will remain in place.
Eliza Noe, eliza.noe@virginiamedia.com