OCEAN CITY — A proposed rule change to save endangered North Atlantic right whales could severely impact the local fishing industry.
In an effort to save endangered North Atlantic right whales, the National Oceanic and Atmospheric Administration (NOAA) has proposed a 10-knot speed restriction for recreational and commercial vessels over 35 feet in length, down from the current 65 feet. The proposed rule change would expand the go-slow zones to include virtually the entire east coast, including a 90-mile radius, and extend the zone restrictions as long as seven months a year.
Locally, virtually all fishing grounds frequented by recreational and commercial fishermen would fall under the 10-knot rule. Operating a vessel at a maximum of 10 knots would add several hours to a typical charter or private fishing trip.
Charters targeting billfish, tuna and mahi, for example, often chug nearly 100 miles to reach the canyons offshore and leave well before sunrise and return in the evening. It’s often a three-hour plus ride to reach the offshore canyons without any 10-knot maximum speed in place. Even the smaller sportfishing vessels reach 25 to 30 knots or better and the bigger vessels can reach 50 to 60 knots.
To put it perspective, one knot is equal to around 1.15 mph. So, 10 knots is a little over 11 mph. A 100-mile trip to the canyons offshore would take two to three times longer than usual under normal circumstances.
Seasonal speed zones are being proposed for vessels over 35 feet to minimize whale strikes. Submitted Image
According to NOAA, the latest estimate puts the entire right whale population at around 350, including fewer than 100 breeding females. The right whales migrate along the east coast in and out of the fishing grounds and shipping lanes at different times of the year to their known calving areas.
The proposed 10-knot rule, if approved, would be in place from Maine to Florida and out from the coast roughly 100 miles. The right whales generally inhabit different areas at different times of the year. For example, the 10-knot rule under the proposed changes would be implemented from Nov. 1 to May 31.
While that does avoid the height of the season locally, at least, there are times when the 10-knot rule could trigger if a right whale was detected in a given area. According to NOAA’s data, there have been 12 lethal right whale vessel strikes since 2008, five of which have come from vessels under 65 feet. From NOAA’s own data, the chance of a vessel striking a right whale is about one in a million.
U.S. Congressman Andy Harris (R-1) is aware of the proposed 10-knot rule and is looking for a balance between the goal of protecting the endangered whales without crippling the fishing industry.
“Of course, if you took all of the boats out of the water, the right whales would be safer, but that’s not practical,” Harris said. “So, the only question is, what does the evidence and science show would help right whales? We don’t know because NOAA has not been forthcoming with that information and has been unwilling to meet with stakeholders whose livelihoods could be devastated by the proposed rule. That is simply an unacceptable policy, and I will do whatever I can to remedy this situation.”
Ocean City Marlin Club President Ryan Freese agreed the data presented does not appear to justify the 10-knot rule.
“I don’t think they have nearly the data they need to warrant this 10-knot requirement,” he said. “It has way more negative impact then what it does positive. If you read the comment section on their link, 90% of the people in favor of it have absolutely no ties to the fishing community, either recreational or commercial.”
Local sportfishing Captain Jeremy Blunt said if the 10-knot rule was implemented in the mid-Atlantic until May 31 as proposed, he could lose a large chunk of his early charter season.
“It will take days away from my charter season,” he said. “We start fishing offshore on May 15 and the speed limit is in place until May 31. That’s 15 days we will lose because of a one-in-a-million chance of hitting a right whale. NOAA said it’s a one-in-a-million chance a vessel will hit a whale, but they still want to go ahead with this ruling.”
Another local sportfishing Captain Steve Gladwin said if the rule is expanded later into the season, it could absolutely have a negative impact on the larger boats.
“The right whale speed limit will certainly affect the big money boats,” he said. “This will absolutely affect the tournament fishing, which brings millions into our town. It’s another regulation imposed on the charter fleet. We seem to be the ones that get hammered whenever there is a political agenda.”
When told the proposed rule would apply to all boats over 35 feet, Gladwin said the results could be devastating.
“If that is the case, it would absolutely crush our industry,” he said. “Our average trip is 55 to 65 miles. That would add four hours of run time per day at a minimum. There will be a lot of boats for sale or new Airbnb locations on the water.”
Fish In OC’s Scott Lenox agreed the data on right whale vessel strikes does not justify the blanket 10-knot proposed rule change.
“No one wants to see a right whale or any other species hit by a boat but to push an unjustified, unresearched regulation on an entire industry is government overreach,” he said. “There have been five interactions with right whales by vessels 35 feet to 65 feet since 2008 and based on the number of vessel trips in that time frame, the chance of impacting a vessel is literally one in a million. I’m all for finding a solution to minimize right whale injuries by any vessel, but this rule isn’t it.”
White Marlin Open Director Madelyne Rowan said the trickle-down from the proposed 10-knot rule could impact all facets of the fishing industry is implemented.
“The proposed 10-knot rule for all vessels over 35 feet will negatively impact every single aspect of the marine industry on the entire east coast,” she said. “According to NOAA, there is a one in a million chance of a right whale strike. The data simply does not support their radical proposal to implement a 10-knot speed restriction on all vessels over 35 feet.”
Rowan acknowledged the proposed 10-knot rule would not be in effect during the WMO under the current timelines but said that would be subject to change if a right whale appeared in the waters off the mid-Atlantic coast at different times of the year.
“While the proposed dates for the speed restriction do not fall during the White Marlin Open, NOAA also plans to implement 15-day restriction periods when a right whale buoy ping is detected,” she said. “This can occur at any time during the year and could very conceivably occur not only during the White Marlin Open, but other tournaments in our area as well.”
Center for Sportfishing Policy President Jeff Angers said the intent of the NOAA proposed rule, administered by the National Marine Fisheries Service (NMFS), is a noble one, but the sportfishing industry is already conservation-minded and ready to help without the Draconian 10-knot rule.
“Protecting right whales is urgent, and we are ready to do our part,” he said. “NMFS’ failed due diligence excluded from the conversation America’s recreational anglers and boaters, the most affected stakeholders. The agency needs to get it right. Based on actual interactions between recreational boats and right whales, the proposed restriction on vessels 35-65 feet is unjustifiable, ineffective and unnecessarily costly to America’s economy.”
Angers agreed with Harris that NOAA has not exactly kept the stakeholders in the loop with the proposed rule change.
“While we all support the intention of this rule to protect right whales, by not consulting with the recreational and commercial fishing and boating community at any point during its development, NMFS has put forward a deeply flawed rule that will have severe economic impacts and provide little benefit to right whales,” he said. “The fact that the proposed rule fails to meet six of the 12 criteria NMFS is using to justify selecting this option is clear evidence that a pause is necessary.”
Viking Yachts Director of Government Affairs and Sustainability John DePersenaire called the proposed 10-knot rule potentially the most onerous regulation on the industry in a long time.
“The proposed rule as written would be the most consequential maritime regulation that we have ever seen imposed on the recreational boating and fishing sector,” he said. “It will affect not only boat owners, but marinas, tackle shops, charter boats and basically all maritime-related businesses on the Atlantic coast.”
Viking Yachts President and CEO Pat Healey added, “This would be a devastating regulatory mandate. Right whale vessel strikes have not been an issue for our industry. This is a classic example of government overreach.”
Janet Coit, Assistant Administrator for NOAA Fisheries, defended the proposal.
“These efforts are part of our North Atlantic Right Whale Road to Recovery, a strategy that encapsulates all of our ongoing work across the agency and in collaboration with our partners and stakeholders to conserve and rebuild the North Atlantic right whale population,” she said. “Despite the many challenges we face, including climate change, we must find solutions to mitigate the threats to marine mammals while supporting the livelihoods and economies of our fishing communities who put healthy food on our tables.”
