NOAA Withdraws Proposed Speed Restrictions on Boats 35-65ft.

The proposed rule, intended to protect North Atlantic Right Whales, would have extended current restrictions to recreational boats ranging from 35 to 65 feet to a speed of 10 knots along much of the Eastern Seaboard for up to seven months of the year.

In a significant development for the recreational boating community, the National Oceanic and Atmospheric Administration (NOAA) has withdrawn a proposed rule that would have placed strict speed limits on boats ranging from 35 to 65 feet along much of the Eastern Seaboard. The regulation, aimed at protecting the endangered North Atlantic right whale, would have restricted these vessels to 10 knots (11 mph) for up to seven months per year. This withdrawal follows a public outcry and feedback from nearly 90,000 individuals who expressed concerns about the proposed rule, which was initially shared in August 2022.

The Proposed Speed Restrictions

The proposed rule, outlined by NOAA’s National Marine Fisheries Service (NMFS), was an extension of existing restrictions on some vessels over 65ft., which must 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. 

According to NOAA, ship collisions are one of the leading causes of mortality for the North Atlantic Right Whale. To address this, NOAA suggested expanding the scope of the vessel speed restrictions, including:

  • Extending seasonal speed zones.
  • Enforcing new dynamic (temporary) speed zones where right whales were detected outside the existing seasonal boundaries.
  • Applying the speed limit of 10 knots (11 mph) to a larger class of boats (35-65 feet) over an extended period.

These measures were designed to further reduce the chances of fatal whale-ship collisions and to aid in the recovery of the species, which has been struggling. However, the extensive reach of the proposed regulation raised concerns within the recreational boating community and the marine industry.

Enforcement

NOAA’s Office of Law Enforcement and the U.S. Coast Guard actively enforces the North Atlantic right whale vessel speed regulations. NOAA helps the public comply with rules requiring certain vessels to transit at 10 knots or less in designated areas of the ocean during specific times of the year. To enforce the speed rule, NOAA employs a variety of technologies and strategies, including:

  • Outreach to the industry and the public to help prevent violations
  • Automatic Identification Systems (AIS) to detect speeding
  • Portable radar units to identify speeding vessels that do not carry AIS
  • Active patrolling of Seasonal Management Areas

In 2022 and 2023, NOAA assessed $950,306 in civil penalties for vessels exceeding these regulations across 56 cases. Additionally, other speeding violations are being actively investigated and may result in further civil penalties.

NOAA provides information to the public to make it clear what is required to comply with rules. Since 2018, NOAA has sent approximately 1,000 compliance letters to vessel owners along the Atlantic coast about the current vessel speed rule and the potential penalties for violations. Reacting in near-real time and using satellite-based technologies, they have sent more than 250 alerts to vessels operating in close proximity to right whales.

Public Reaction and Withdrawal

Following the release of the proposed rule, NOAA received a significant response of nearly 90,000 public comments—reflecting a wide array of opinions. Many of the comments came from the recreational boating sector, which expressed worries over the economic impact and the feasibility of implementing the proposed speed limits across such a large portion of the Eastern Seaboard.

In response to these concerns, NOAA acknowledged the need for more public engagement and further review of the proposal. The agency decided to withdraw the rule, stating in their official announcement that the existing vessel speed regulations would remain in effect. This decision allows for additional time to review the feedback and consider alternatives before moving forward with any potential new rules.

While this move provides temporary relief to boaters who were concerned about the impact on their recreational activities, it does not mean the issue is settled. NOAA has emphasized that it may revisit the topic in the future and issue new regulations if necessary. The agency says that it remains committed to reducing vessel strikes and protecting the North Atlantic right whale population.

Sources:

NOAA North Atlantic Right Whale Speed Zone Dashboard – https://www.fisheries.noaa.gov/endangered-species-conservation/north-atlantic-right-whale-speed-zone-dashboard

NOAA Statement 1/15/2025 – https://images.saymedia-content.com/.image/cs_srgb/MjEyMTM2NjI5NTQ3MDUwOTg0/1_whales.pdf