Noaa Fisheries has withdrawn its proposed North Atlantic Right Whale Vessel Strike Reduction Rule, which would have imposed 10-knot speed limits on recreational vessels larger than 35 feet along the US East Coast from northern Florida to the Northeast for up to seven months of the year. According to the withdrawal notice, approximately 90,000 public comments were submitted on the proposal, which was introduced August 1, 2022, as an amendment to the current right whale vessel speed reduction rule, which remains in effect.
According to the NOAA announcement: “The comments received addressed many different aspects of the rule and reflected views on all sides of the issues addressed. Despite its best efforts, National Marine Fisheries Service does not have sufficient time to finalize this regulation in this administration due to the scope and volume of public comments.”
According to NOAA, there have been 12 lethal right whale vessel strikes since 2008. Of those, five of the vessels have measured less than 65 feet in length. NOAA claims the total right whale population is about 350 with around 100 of those being female, adding that while a population increase occurred between 1990 to 2010, there has been a reproductive decline during the past decade. Entanglement in fishing gear has also added to population decline, according to the agency.
Withdrawal of the rule does not preclude NOAA Fisheries from future action on the issue. If NOAA decides to issue regulations, it would need to do so by introducing a new rule in accordance with the Administrative Procedure Act.
Give Right Whales a Wide Berth
NOAA Fisheries has regulations that prohibit approaching or remaining within 500 yards of a right whale. These regulations apply to all vessels and aircraft, including drones, as well as to people on surfboards, kayaks, paddleboards and personal watercraft. Any vessel within 500 yards of a right whale must depart the area immediately at a safe, slow speed.
