NOAA to reexamine original 2008 speed rule to protect North Atlantic right whales

Following a week of visits examining technology and talking with stakeholders at the Miami International Boat Show (MIBS), officials with the National Oceanic and Atmospheric Administration (NOAA) will soon announce a review of the original 2008 vessel speed rule aimed at protecting the endangered North Atlantic right whale in what the agency is calling a “deregulatory-focused action”.

Reporting by the Associated Press (AP) over the weekend and a news release late Monday from the Center for Sportfishing Policy (CSP) indicate a notice of rulemaking is listed on the US Office of Information and Regulatory Affairs website, but it does not include any details about the proposal.

NOAA’s statement to the AP said that the agency was focused on “implementing new technologies, engineering approaches, and other advanced tools” to protect the whales.

It is known that NOAA Administrator Dr Neil Jacobs toured the Whale and Vessel Safety (WAVS) Taskforce whale safety research vessel featuring existing technology that can help detect and protect whales and other sea life.

“The willingness of the leadership at NOAA to recognise that times have changed and that facts on the water and on the ground are different in 2026 than they were in 2008 and before; I think that’s a really important first step,” CSP president Jeff Angers told IBI by phone Tuesday evening.

“When facts are entered and gold standard science carries the day, I think that a review of the original ’08 rule is going to be good for everyone. Sunshine is one of the best disinfectants known to man and you shine the light of day on the underpinnings of the ’08 rule, I think that leads to good news on water,” Angers added.

In 2022, the Biden administration proposed expanding the 2008 rule in a fashion that would include most recreational vessels, raising safety and other concerns. A diligent effort by boaters and the boating industry – armed with data and technology – resulted in NOAA withdrawing the proposal in the waning days of the administration.

Once NOAA adds the details, expect to see a series of six or eight questions targeting the advances in technology since 2008, the regulatory burden on impacted stakeholders, safety deviations and the consideration of different rules for different vessels based on their individual performance characteristics.

That will then trigger a period for public comment and likely legislative and agency hearings in what will be a multi-year process.