Vessel Speed Rules to Protect Whales

Background

Since 2017, the endangered North Atlantic right whale has (NARW) experienced an unusual mortality event (UME), though the exact cause is unknown. Vessel strikes and entanglement in fishing gear are commonly cited as significant sources of mortality. In 2008, the National Oceanic and Atmospheric Administration (NOAA) implemented a rule that requires vessels 65 feet and larger to travel at 10 knots or less in certain locations (called Seasonal Management Areas) along the U.S. East Coast at certain times of the year. In 2022, a NOAA proposed rule sought to significantly expand the speed rule to include vessels 35-64 feet in length within a vast area extending from Massachusetts to central Florida, for up to 7 months out of the year and in some places up to 90 miles offshore.

However, NOAA’s proposed changes to the vessel speed rule were not based on sound science, ignored existing technologies to mitigate vessel whale strikes, failed to engage the recreational angling and boating community, and lacked sufficient evidence that vessels smaller than 65 feet are contributing to the UME. Furthermore, the proposed changes to the rule would have put boater safety at risk, raised privacy concerns, severely limited boater access to the Atlantic Ocean, and harmed coastal economies.

Points of Interest

• • Since 2008 there have been five documented strikes of North Atlantic right whales by vessels under 65 feet in length. An assessment of NOAA data relative to coastal and offshore fishing trips since 2008 found approximately 5.1 million recreational fishing trips were taken along the eastern seaboard by vessels 35-65 during that same time, indicating that there is less than a one-in-a-million chance of a recreational fishing vessel will strike a North Atlantic right whale.
  • During the development of the 2022 proposed rule, NOAA only consulted with environmental organizations on the development of the rule and failed to solicit alternative solutions from anglers, boaters, and the maritime industry.
  • NOAA used unrepresentative whale density values and created a significant bias in the risk assessment model. NMFS’s own technical memo states that, “the high densities predicted along the mid-Atlantic may not be realistic.”
  • The risk assessment model used by NOAA to predict whale strike probabilities for vessels 35-64 feet in length assumed a 10-meter (32.8 feet) draft depth, though most recreational vessels draft less than 2 meters.
  • The draconian vessel speed rule proposed by NOAA prompted the private sector to organize the Whale and Vessel Safety Task Force (WAVS). This task force is comprised of numerous stakeholders in the marine electronics and vessel industries who are working to test and demonstrate that existing technologies are available to significantly mitigate the already very minimal chance of a vessel strike by recreational boats.
  • The National Fish and Wildlife Foundation recently established the Vessel Strike Avoidance Fund, which provides grant opportunities to WAVS and other entities seeking to develop innovative technological solutions to provide mariners with tools to more effectively avoid collisions with large whales.

   

Moving Forward 

Fortunately, NOAA’s proposed vessel speed reduction rule was withdrawn in early 2025. However, future vessel speed rules in the Atlantic and elsewhere are likely unless other alternatives are identified. Technologies already exist that allow for real-time whale location information to be transmitted to mariners, and the recommendations of the WAVS task force should be embraced as a solution for large whale conservation while protecting coastal economies and angler access.