US marine industry testifies on proposed vessel speed changes

A right whale breaches. Credit: NOAA Fisheries A right whale breaches. Credit NOAA Fisheries

The recreational boating and fishing industry has testified before a US House Subcommittee about the impact of the proposed changes to the North Atlantic Right Whale Vessel Strike Reduction Rule, which would impact jobs, businesses and coastal recreation across the Atlantic seaboard.

NOAA Fisheries is proposing changes to the North Atlantic right whale (Eubalaena glacialis) vessel speed regulations to further reduce the likelihood of mortalities and serious injuries to right whales from vessel collisions.

Collisions with vessels are one of two leading causes of injury and death for North Atlantic right whales, which are dark in colour and difficult to spot, swim slowly at the water’s surface, and lack a dorsal fin.

The previous vessel speed rule was issued in 2008, and NOAA Fisheries’ updated proposed rule contains critical changes such as including vessels greater than 35ft (10.7m) in length (compared to the previous 65ft), expanding seasonal speed zones, and upgrading current voluntary speed zones to mandatory in areas where whales are seen.

In practice, this would limit vessels 35ft and above to speeds of 10 knots along much of the US east coast — up to 90 miles out from shore — for up to seven months of the year.

Recreational boating and fishing stakeholders are urging NOAA to collaborate with the industry to establish alternative, effective solutions that could protect whales while having a less detrimental impact on livelihoods.

It has been reported that the speed limit rules could eliminate up to 70,000 recreational fishing trips and cause the loss of over 300,000 jobs across the fishing, boating and hospitality sectors.

On Tuesday (6 June 2023), the U.S. House Committee on Natural Resources, Subcommittee on Water, Wildlife and Fisheries held an oversight hearing on the proposed changes, with the purpose of analysing the potential impact of the proposed change.

Stakeholders from the $230 billion recreational boating and fishing industry arrived to testify on the impacts NOAA’s proposed vessel speed restrictions would have on the industry.

The Bureau of Economic Analysis, within the U.S. Department of Commerce, finds the recreational boating and fishing industry is the single largest contributor to the nation’s $862 billion outdoor recreation economy.

In a statement, the Center for Sportfishing Policy — which represents the nation’s saltwater recreational fishing industry — argues NOAA’s proposed expansion is ‘a flawed rule that poses drastic economic consequences and boater safety concerns without offering a viable, long-term solution to protect the North Atlantic right whale.’

The statement continues: ‘Instead, the rule expansion would put $84 billion in economic impact and 314,000 jobs from the recreational boating and fishing industry in Atlantic coastal states in jeopardy, and neglects a balanced, technology- and data-driven approach to protect this endangered species.

Today’s hearing shined light on the many glaring inaccuracies and false assumptions NOAA made when putting forth its proposed rule changes. The recreational marine industry is calling for NOAA and Congress to work with the industry to identify a balanced, data-driven and innovative approach to protecting both the North Atlantic right whale and coastal communities, while maintaining public access to our nation’s shared waterways.’

Frank Hugelmeyer, president and CEO of the National Marine Manufacturers Association (NMMA), argues that boaters and anglers are ‘longtime conservationists’ who are keen to protect the North Atlantic right wale and ocean ecosystems.

“We’re committed to investing in technologies that do just that. NOAA’s proposed rule would be the largest restriction of Americans’ shared access rights to public waters, would put boaters at risk on the water, and decimate tens of thousands of businesses in coastal communities along the Atlantic seaboard,” Hugelmeyer says. “Marine mammal protection, economic prosperity and access to our cherished waters can coexist. It’s a false choice to make Americans choose one over the other. Innovative technologies, real-time tracking and monitoring tools offer a more viable solution to protect all whales while allowing for continued recreational marine-related economic contributions along the East Coast.”

Jeff Angers, president of the Center for Sportfishing Policy (CSP), adds: “We cannot support shutting down public access to the Atlantic Ocean. Slowing small recreational boats to 11 mph for a one-in-a-million chance of a vessel strike is not how we responsibly manage America’s natural resources. Our nation’s top marine scientists at NOAA can and must do better. We are delighted to see the attention of Congress on this massive federal rule-making.”

Mike Leonard, vice president of government affairs for the American Sportfishing Association (ASA) says: “We appreciate the House Natural Resources Committee’s exploration into the important issue of right whale vessel speed restrictions.

“Policy issues are often condensed into short sound bites, but this is an incredibly complex issue that warrants deeper investigation. The sportfishing industry recognizes we have a responsibility to help conserve right whales, but NOAA’s deeply flawed proposed vessel speed rule is not the answer. Hopefully today’s hearing helped bring to light our numerous legitimate concerns and provides an opportunity for coordination on more viable solutions going forward.”

Chris Edmonston, vice president of government affairs for Boat Owners Association of the United States (BoatU.S.) thanked the House Natural Resources Committee for investigating the impacts of NOAA’s proposed changes to the North Atlantic right whale vessel strike reduction rule.

“We have several concerns for human safety under the proposed vessel speed restrictions,” he says. “Depending on the sea conditions, NOAA’s 11 mph speed restriction is less than optimal for most recreational boats, as operating at lower speeds can have a negative impact on visibility, the stability of the vessel, and also adversely affect crew safety. We encourage NOAA to work with the boating community to come up with solutions that protect both whales and boaters.”

Captain Fred Gamboa, owner and operator of Andreas’ Toy Charters, was a witness at the hearing yesterday. “In considering NOAA’s proposed 10-knot speed restrictions from Massachusetts to central Florida, it is crucial to recognise the significant role charter operators like myself play in facilitating public access to our marine resources,” he says.

“By providing the opportunity to individuals who do not own boats to participate in recreational fishing, we contribute to the broader goal of promoting sustainability, supporting local economies, and reducing reliance on imported seafood. Under the proposed rules, our boats over 35 feet would essentially be unusable for approximately seven months of the year. By pooling our collective resources and expertise, we can foster an environment of collaboration and creativity to develop solutions that protect endangered whales while minimising adverse impacts on boaters.

“This is not a binary problem where we must choose one side over the other.”

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