The administration of U.S. President Joe Biden has withdrawn a proposed rule that would have expanded vessel speed limits along the East Coast, with NOAA Fisheries claiming that it does not have time to complete the rulemaking process before Biden leaves office.
The government’s current rule sets a speed limit of 10 knots for vessels over 65 feet in length; the Biden administration’s proposed rule would have extended that speed limit to all vessels 35 feet in length or greater.
NOAA Fisheries first proposed the extension in 2022 to better protect critically endangered right whales, which have declined in population to fewer than 400 individuals. Vessel strikes are one of the main factors behind that decline, according to the agency.
The rule has faced strong opposition from fishers and lawmakers, who note that the agency has struggled to demonstrate a causal relationship between a lower speed limit for smaller vessels and reduced strikes. In July, 54 federal legislators signed a joint letter asking NOAA Fisheries to reopen the rulemaking process for further review. U.S. Representative Buddy Carter (R-Georgia) also introduced a bill that would prevent a speed limit change through 2030 and establish a grant program to find other ways to reduce vessel strikes.
The massive amount of feedback the agency received on the rule ultimately defeated it. With Biden set to leave office in January, NOAA Fisheries officials noted in a 16 January filing withdrawing the rule from consideration that it simply did not have enough time to review and address the 90,000 public comments it received.
“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,” the agency noted.
Conservation groups, including the New England Aquarium, called the announcement a setback for right whale recovery efforts.
“Failing to implement stronger vessel strike protection measures puts these animals at further risk of extinction. To survive, right whales require immediate, decisive, and effective solutions to protect individuals from preventable deaths,” said Jessica Redfern, the associate vice president of ocean conservation science at the New England Aquarium’s Anderson Cabot Center for Ocean Life.
“This is a tragic day for endangered right whales, who desperately need our help. I’m outraged that the federal government’s years of foot-dragging led to this outcome, which isn’t based on science or evidence but on cowardice and politics,” Center for Biological Diversity Oceans Legal Director Kristen Monsell said in a statement “The agency’s inaction means that more right whales will suffer and die. The survival of these whales as a species depends on more protections from deadly ship strikes and deadly entanglements in fishing gear. If we don’t curb these manmade threats, these beautiful animals will vanish forever.”
Opponents of the rule were quick to celebrate the agency’s announcement.
"For over two years, I fought vigorously against the Biden administration’s unscientific and ridiculously burdensome North Atlantic Right Whale Vessel Strike Reduction Rule. With their statement of retraction, I welcome its long overdue withdrawal," U.S. Rep. Greg Murphy (D-North Carolina) said in a statement. "The Biden administration pushed this rule even though it knew that the vessels it targeted were not responsible for the death of right whales. Regardless, they pushed it on to the bitter end. Eastern North Carolina understands the importance of being good stewards of our environment while utilizing our God-given resources to help grow our economy and provide for our families. This is a tremendous victory for our fishermen, boaters, and countless businesses in our coastal economy who would have been devastated if this rule went into effect."
