Proposed Ban on Speed Withdrawn by NOAA
Today -- Jan. 14, 2025 -- the National Marine Fisheries Service (NMFS) a department under NOAA (National Oceanic and Atmospheric Administration) officially withdrew a proposed rule to have a 10-knot speed limit on recreational boats in coastal areas of the U.S. This reversal of an agency proposal marks a significant win for the boating industry and boat owners who uses the affected waters.
Total Capitulation on Boats 35’ to 65’
A press release from the Department of Commerce said, in part--
“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. NMFS’s existing vessel speed regulations remain in effect.”
“NMFS 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. Despite its best efforts, NMFS does not have sufficient time to finalize this regulation in this Administration due to the scope and volume of public comments. NMFS hereby withdraws the August 2022 proposed rule and terminates this rulemaking proceeding.”
Sportfishing boat 65’ + Still Affected
Still in effect are rules (50 CFR 224.105) governing vessels -- including recreational vessels -- 65’ (19.81 m). The NMFS hastened to add in its press release, “Withdrawal of the proposed rule does not preclude NMFS from taking future action, including but not limited to initiating a new rulemaking, to address ongoing lethal right whale vessel strikes.
“If, in the future, NMFS decides it is appropriate to issue regulations on this topic, NMFS will do so via a new rulemaking, in accordance with the Administrative Procedure Act, 5 U.S.C. 551 et seq. Authority: 16 U.S.C. 1531 et seq.; 16 U.S.C. 1361 et seq. Dated: January 8, 2025.
The Back Story
The NMFS proposed rule (87 FR 46921, August 1, 2022) was intended to further reduce the likelihood of mortalities and serious injuries to endangered North Atlantic right whales from vessel collisions, which are impeding the species’ recovery and are a primary factor in an ongoing Unusual Mortality Event.
The proposed rule would have expanded the size class of regulated vessels subject to applicable vessel speed restrictions, enlarged the boundaries and extended the timing of seasonal speed zones, and introduced mandatory dynamic (i.e. temporary) speed zones when right whales were known to be present outside of active seasonal zones, clarified language related to enforcement of the rule, and updated the safety deviation provision and reporting requirements.
Big Win for the Industry
Viking Yacht’s Pat Healey, along with Frank Hugelmeyer, President of the NMMA (National Marine Manufacturers Association), spearheaded an industry-wide effort to bring pressure on elected government officials in Washington. For the last two years, they, along with other members of the industry, lobbied hard to block the implementation of the proposed rule. They pointed out that the rule would have a disastrous effect on the use of boats, and, therefore, boat sales, and the loss of jobs.