Few of us have ever seen a North Atlantic Right Whale and most never will. Even those who boat and fish regularly in the home range of these endangered whales along the east coast of the U.S. virtually never cross paths with them—but the whales almost brought down an entire multi-billion dollar industry.
Or rather, some over-zealous regulators at NOAA Fisheries almost did.
Fortunately common sense has prevailed: NOAA announced last week the decision to abandon the controversial North Atlantic Right Whale Rule, a proposal that would have required boats 35 feet and longer to adhere to a strict 10-knot (11.5 mph) speed limit in much of the Atlantic Coast waters. Formerly the rule applied only to boats 65 feet and up.
The proposed rule faced widespread criticism for its impracticality, sweeping economic and social impacts on the boating and fishing communities, and lack of consideration for alternative solutions.
The 35-feet-and-up rule meant that virtually all ocean-going recreational boats would have been unable to get on plane. In effect, it would have been a total shutdown of offshore waters except to the few who transit by displacement trawler or sailboat.
It would also have extended the boundaries and timing of seasonal speed zones, introduced mandatory dynamic speed zones when whales were detected outside active zones, and updated enforcement and reporting requirements.
While these measures aimed to protect the estimated 370 remaining Northern Right Whales, including approximately 70 reproductively active females, the proposal seemingly ignored the enormous recreational fishing and boating industry along the Atlantic Coast.
The Wrong Target
According to NOAA an estimated 50% of the whale deaths in recent years have been caused by entanglement in ropes from some 3 million lobster and crab traps in use along the Atlantic Coast. Most additional non-natural deaths came from strikes by container ships—not from recreational boat strikes.
Unlike large ships, recreational vessels have a significantly lower risk of whale strikes due to much shallower draft, and can incorporate advanced technologies, such as improved sonar and radar detection systems, to reduce the remote chance of a strike.
The typical container ship has a draft of 30 feet or more including the propellers, which may have a diameter of 20 feet or greater.
Typical 50-foot diesel-inboard sportfishing boats have a draft of 4 feet or less, with props around 20 to 24 inches in diameter. Multi-outboard powered boats popular today have considerably less draft and smaller props.
Obviously, the likelihood of the sportfishing boat or yacht hitting a whale hanging near the surface are considerably less than the risk for a ship. And, sportfishers and yachts are far more maneuverable than ships as well, so rapid course alteration is possible.
The rule's 10-knot limit would have effectively shut down access to offshore fishing areas for many recreational anglers and boat owners from Georgia to Maine, turning productive fishing grounds into inaccessible zones.
The economics of the proposed rule were equally problematic. A 10-knot speed limit across vast stretches of the Atlantic would have crippled the sportfishing industry, putting thousands of charter boat operators out of business. It would have also negatively impacted boat sales, particularly for vessels 35 feet and larger, as well as marinas, waterfront businesses, and related industries.
The Industry Responds
Recognizing these threats, organizations such as the National Marine Manufacturers Association (NMMA), the American Sportfishing Association, and The Billfish Foundation united with state and regional groups to oppose the rule. They emphasized that implementation would essentially amount to a full-scale closure of offshore waters for recreational use.
Pat Healey of Viking Yacht and Frank Hugelmeyer, President of the National Marine Manufacturers Association, led an industry-wide effort to mobilize opposition. For two years, they collaborated with thousands of boat owners and industry stakeholders to lobby government officials and voice concerns.
Their efforts were bolstered by an unprecedented public response.
NOAA received 90,000 comments on the proposed rule. The sheer volume of input underscored the widespread discontent and prompted the agency to reconsider its approach.
To be clear, the plight of the Northern Right Whale is serious.
The species’ slow reproductive rate and small population size make it very vulnerable, and researchers have documented only a slight increase from 358 individuals in 2020 to 370 in recent years. The minimal progress highlights the need for thoughtful conservation measures, but hopefully those efforts balance environmental protection with economic and recreational interests.
For context, the Southern Right Whale, a closely related species found in the waters around Australia and South Africa, has an estimated population of 10,000 to 15,000 and is slowly growing.
The decision to scrap the proposed rule demonstrates an instance of government responsiveness to public concerns, perhaps not incidental to the election results.
Rather than implementing a one-size-fits-all solution, NOAA acknowledged the legitimate grievances of the boating and fishing communities and recognized the potential for alternative methods to protect the whales without imposing sweeping restrictions.
Hopefully the decision is an indication that NOAA Fisheries will continue to take into account recreational boaters and anglers as an important constituent when making regulations for the good of the nation’s fisheries and marine mammals.
— Frank Sargeant
Frankmako1@gmail.com