Fiery debates about the cause of whale deaths erupted along the mid-Atlantic coast in recent months after more than a half dozen humpback and sperm whales washed up on New York and New Jersey shores and near the Maryland-Virginia border.
Some environmental groups demanded investigations into offshore wind-farm work, prompting the federal government to say there was no evidence tying that industry to the deaths. Initial findings from the National Oceanic and Atmospheric Administration instead suggested that at least some of the whales died following vessel strikes—at a time when NOAA is pursuing a controversial proposal that would, for months at a time, limit the speed of many recreational boats along the Eastern Seaboard, in an effort to protect North Atlantic right whales from similar fates.
Conservation groups that favor the NOAA proposal used the recent whale deaths to renew their calls for the government to force boaters to slow down.
“NOAA’s recently proposed regulations to keep boats 35 feet or greater in length to 10 knots in right whale habitat would meaningfully reduce vessel strike risk for North Atlantic right whales—a necessary move to save the species from extinction—and have ancillary benefits in protecting other large whales,” the National Resources Defense Council wrote.
The council once again called on NOAA to approve its proposed vessel-speed rule announced in August. The government was in the process of reviewing more than 20,000 public comments about the proposed rule when the whales turned up dead over the winter. A final rule is expected to be announced this spring or summer.
A number of conservation groups filed an emergency petition seeking to implement the rule faster, saying the government’s process was much too slow for the “extinction-level emergency.” That petition was denied in January.
Chris Edmonston, vice president of public affairs at BoatUS, told Soundings the sheer quantity of comments filed in opposition to the proposed rule, combined with marine industry pressure, may have been a factor in the emergency petition’s denial.
BoatUS is among a dozen organizations, including the American Sportfishing Association and the National Marine Manufacturers Association, that say the proposed rule would negatively affect thousands of recreational vessels, marinas and tackle shops along the East Coast. Offshore-fishing data shows that the chances of a boat between 35 and 65 feet length overall striking a right whale are less than one in a million.
A public comment filed solely by BoatUS states: “It is clear little consideration was given to how smaller vessels actually operate. For example, regarding the weather exception, the proposed rule stipulates that you may deviate from the speed rule if there are gale-force winds or higher. Gale-force winds start at 35 knots of wind speed, which we believe is far too high of a threshold. Lower wind speeds, changing conditions and sea state must also be taken into account, as well as the handling characteristics of a particular boat in the given conditions.”
Numerous marine organizations that oppose NOAA’s proposed rule filed similarly blunt public comments about the proposal.
“The proposed rule is a solution in search of a problem that will do little to protect the right whale,” the Recreational Fishing Alliance wrote. “The data simply does not prove that vessels between 35 and 65 feet are a significant danger to the right whale.”
The National Marine Manufacturers Association wrote: “Over 100 million Americans go boating each year, with more than 70 percent of all boat outings involving fishing, including thousands of offshore fishing trips that occur each year along the Atlantic Coast.” The proposed rule, the NMMA stated, “will make these fishing trips nearly impossible, and in some instances would quadruple the travel time for a vessel, making day trips non-viable for a vast majority of the angling community.”
Brad Read, executive director of Sail Newport, also wrote to NOAA. “You note that sailing vessels can be damaged hitting whales. Trust me, no one wants to hit a whale while sailing or motoring. However, pointing to damage to boats as a reason for the change in the speed zone is disingenuous. More damage to sailboats is caused by our hulls striking marine debris (jetsam), like containers and abandoned fishing gear, worldwide than are caused by whale strikes.”
Organizations that represent recreational boaters weren’t the only ones that sounded off in the public comments about the proposed rule. Commercial organizations also weighed in with concerns about safety at a variety of locations, including major shipping hubs.
“Changing the minimum length [for boats that must limit their speed along the Eastern Seaboard] from 65 feet or greater down to 35 feet or greater poses increased risk and safety concerns to pilot operations,” wrote the Maritime Association of the Port of New York and New Jersey. In addition, operating these pilot boats at a speed of less than 10 knots can become hazardous.”
Edmonston also told Soundings that the proposed NOAA rule is only one whale-related effort that boaters need to monitor very carefully going forward. For instance, he said, the state of Washington has proposed legislation to extend the distances required near orca whales from 300 yards to 1,000 yards.
“Whether NOAA’s rule goes into effect or not,” says Edmonston, “we expect to see other efforts to protect whales and marine mammals pop up around the country.”
This article was originally published in the April 2023 issue.
