NOAA invites comments on proposed changes to whale vessel speed rules
A right whale breaches. Image courtesy of NOAA Fisheries
The National Oceanic and Atmospheric Administration (NOAA) – a US federal agency focused on the condition of the oceans and the atmosphere – has opened a public comment period on its proposed changes to speed rules designed to protect North Atlantic right whales, which runs until 2 June 2026.
In February, it emerged that the agency had tasked atmospheric scientist Neil Jacobs – infamous for the ‘Sharpiegate’ incident during Hurricane Dorian in 2019 – to lead its review into the current, longstanding speed rules.
An estimated 380 North Atlantic right whales remain, making them critically endangered. Vessel strikes are considered one of the principal risks to the species and have been the focus of federal speed restrictions since 2008, when NOAA first introduced the vessel speed rule following public consultation.
The current rule requires vessels measuring 65ft or longer to reduce speed to 10 knots in Seasonal Management Areas, where North Atlantic right whales are expected to be present at certain times of year. In Dynamic Management Areas, triggered by confirmed whale sightings, a voluntary speed limit of 10 knots applies.
In 2020, NOAA Fisheries’ Greater Atlantic Regional Fisheries Office introduced a Right Whale Slow Zone programme across New England and the Mid-Atlantic. These voluntary zones operate in a similar way to Dynamic Management Areas but can also be triggered by acoustic detections in addition to visual sightings.
In 2022, during the Biden administration, NOAA had proposed expanding the size class of vessels subject to speed restrictions, meaning all boats 35ft and greater would have been limited to 10 knots (11 mph) within a vast area extending from Massachusetts to central Florida for up to seven months of the year and, in some places, up to 90 miles offshore. Shortly before Trump’s second inauguration in 2025, the agency withdrew these proposed changes, sparking celebration among industry lobbyists and frustration among marine conservation groups.
Research referenced by regulators indicates that vessels travelling at less than 10 knots are less likely to cause fatal injuries in the event of a collision.
“Speed limits on the water are needed risk reduction, not unnecessary restriction,” says Gib Brogan, senior campaign director at ocean conservation nonprofit Oceana. “The vessel speed rule saves lives – both humans and critically endangered North Atlantic right whales. A vessel colliding with a whale can injure or kill people, destroy vessels, and is often fatal to the whale. Vessel strikes are a top threat to this species.”
But the news of a potential change has been broadly welcomed by the marine industry. In response to NOAA’s announcement, NMMA, the leading US marine trade association, states: “We appreciate that NOAA is taking a fresh look at the North Atlantic Right Whale Vessel Strike Reduction Rule. This nearly 20-year-old rule is outdated and in need of a thoughtful review that considers the latest technologies and innovative strategies available to protect the North Atlantic right whale and support its recovery.
“Reviewing the rule presents an opportunity for NOAA to receive information and data from impacted parties and to assess the latest in modern vessel technology.
“Recreational marine manufacturers support marine mammal protection, which is why we advocate for policy decisions to reflect modern vessel technology, updated data and best-available science. We look forward to participating in the public engagement process to help inform a rule review that is balanced, reasonable and reflects a science-based approach to marine mammal management. Environmental stewardship and responsible access to the ocean are not mutually exclusive goals of the recreational marine industry.”
Recreational boating generates $230bn in annual economic impact and supports more than 812,000 American jobs across 36,000 businesses. Ninety-five per cent of boats sold in the United States are made in the United States, and 93 per cent of boat builders are small businesses.
North Atlantic right whales were heavily hunted until the early 20th century, with numbers falling to fewer than 100 individuals by the 1920s. Although the population later recovered to a peak of 483 in 2010, recent years have seen a decline.
In addition to vessel strikes, entanglement in lobster, crab and other species’ fishing gear remains a significant source of injury and mortality. Around one-quarter of the right whale population is estimated to become entangled each year in gear from the United States and Canada, and approximately 85 per cent have been entangled at least once.
NOAA has not yet outlined specific regulatory amendments but says it is seeking input on whether existing speed restrictions and associated measures should be revised.
In its advance notice, published online, the agency says: “The goal of this initiative is to reduce unnecessary regulatory and economic burdens on the regulated community by replacing current seasonal speed restrictions with alternative management areas and advanced, technology-based, strike-avoidance measures that maintain or enhance conservation efficacy for the endangered North Atlantic right whale.”
How to comment on proposed speed rule change
Interested parties may submit comments via the Federal e-rulemaking Portal. Visit Regulations.gov and enter NOAA-NMFS-2026-0364 in the search box. Click the “Comment Now!” icon to complete the required fields.
