In an official posting in the Federal Register on January 16, 2025, the National Marine Fisheries Service (NMFS) announced that it was officially withdrawing the proposed rule to amend the North Atlantic right whale vessel speed regulations. “NMFS withdraws this proposed rule in light of numerous and ongoing requests from the public for further opportunity to review and engage with the agency on the proposal,” the posting read, while also noting how they had received approximately 90,000 public comments on the proposed rule.
“The comments received addressed many different aspects of the rule and reflected views on all sides of the issues addressed,” NMFS stated, adding “Despite its best efforts, NMFS does not have sufficient time to finalize this regulation in this (Biden) Administration due to the scope and volume of public comments.” And so with just 5 days left before the new (Trump) Administration was to settle into the White House, NMFS hereby withdrew their August 2022 proposed rule, terminating the rulemaking proceeding.
The proposed rule would have expanded the size class of regulated vessels to 35 feet and over subject to a 10-knot vessel speed restrictions along the Atlantic Coast, while enlarging the boundaries and extending the timing of these seasonal speed zones. While withdrawal of the proposed rule does not preclude NMFS from taking future action, members of the recreational boating and fishing community who’ve been actively engaged in this issue are optimistic.
“This is great news for the marine industry,” said Viking Yacht Company President and CEO Pat Healey.
“We all worked together to stop this government overreach and safeguard our rights to the ocean,” Healey said, adding “This will not alter our goal to protect boaters and the whales through technology.” Healey went on add that there’s still work to do with the current speed restrictions in place on larger boats, including many of the head boats running out of New Jersey ports, as well as larger sportfish boat models.
“We will continue to push NOAA to have the current 10-knot limit for boats 65 feet (LOA) and larger amended so that technology-based solutions can replace these speed limits, which have been in place since 2008 but not enforced until 2022,” Healey added.