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Boating Safety

The U.S. Government Strikes Again

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An Atlantic right whale bids adieu to a cargo ship heading east into the Atlantic.

In August NOAA (The National Oceanographic and Atmospheric Administration) announced that it wanted to restrict boats 35’ to 65’ (19.8 m) to travel no faster than 10 knots in designated areas along the Eastern Seaboard in order to protect the remaining 350 Atlantic right whales.  

These whales rank #2 on one environmental group’s list of endangered species.   NOAA invited comment and received thousands of letters from boaters, the boating industry, fishermen and small business owners along the coast. 

The Rule Will Discourage Offshore Fishing

The boating community is concerned about this proposed regulation because recreational fishermen used to going through the designated areas at 35 to 45 knots when conditions permitted, will have to slow down to 10 knots.  Instead of traversing the 20-mile restricted areas in 30 to 45 minutes it will take two hours each way, and will make the day 2.5 to 3 hours longer.

 Restricted months are basically November to April and May and in one area is April through July. The charts below are from NOAA;’s website and show the restricted areas and the time of the year.

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The designated areas around Cape Cod seem to be the most onerous for fishing activity during the season.

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The designated areas extend out from the bay or harbor entrances 20 miles, and the band from Wilmington, NC., to Brunswick, Ga. extends out 20 miles.

 

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The restricted areas off Jacksonville appear to be greater than 20 nmiles. All restricted area are noted with lat/long coordinates.

When Will We Know?

We’re told by Frank Hugelmeyer, president of the National Marine Manufacturers Association (NMMA), that he expects NOAA to announce its decision in April, or March at the earliest. 

Frank went on to say, “NMMA is preparing in multiple ways”[to fight the rule.] We are working with Congress to shed a light on the absurdity of the secretly crafted proposed rule. It is worse than the gas stove issue when you take into account the geolocation technology that currently exists.”

Taking Away Access Right

For us, the Administration’s proposed rule is an unprecedented take-away of public access rights and an existential economic issue." Hugelmeyer also said, “This is the largest take away of American access rights to our public waters in American history.” He went on to say that the NMMA is requesting congressional hearings on this issue. We are also working on hearings and outreach to Governor offices and state houses. 

Now, A Word from NOAA

The north Atlantic right whales are in crisis and approaching extinction with fewer than 350 remaining. These whales migrate, breed, and feed in coastal waters frequented by humans for boating, fishing, and shipping. We know that collisions with boats of all sizes, not just large ocean-going ships, are one of the primary causes of right whale injuries and deaths.

Some Rules Already in Affect

By regulation, most vessels 65 feet or greater in length are required to maintain speeds of 10 knots or less in certain areas and months of the year. However, lethal collisions have involved boats of many sizes, even smaller vessels. Since 1999, we have confirmed eight events in which North Atlantic right whales were struck by boats less than 65 feet long. 

These strikes occurred across all seasons and were observed in waters off Massachusetts, New Jersey, Georgia, and Florida. In seven of these incidents, the vessel operators did not see the whale prior to the strike. In another, the boat passengers sighted the whale too late to avoid the collision.

 

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Safety is no accident.

Despite their enormous size, North Atlantic right whales can be surprisingly difficult to spot from a boat due to their dark color and lack of a dorsal fin. This is especially true in poor weather or low light conditions.

Mother-calf pairs are especially vulnerable. Among these incidents involving vessels under 65 feet, one calf was found dead with evidence of at least two separate vessel collisions in 2020. Another vessel strike in 2021 seriously injured a first time mother and killed her calf.