North Atlantic right whale rule proposal withdrawn by NOAA

(The Center Square) – Withdrawal of an environmental rule by NOAA with an estimated economic impact of $46.2 million along the Eastern Seaboard from Florida to Maine has drawn bipartisan praise from those opposed.

The North Atlantic Right Whale Vessel Strike Reduction Rule, proposed by the National Oceanic and Atmospheric Administration, was published Aug. 1, 2022, in the Federal Register. It would have increased boundaries and imposed more speed restrictions along the coastline of the Atlantic.

Wednesday, 899 days later, the amendment to a 2008 rule was nixed. NOAA Fisheries said about 90,000 public comments flooded in to support the rule.

“Its withdrawal is a victory for the Carolina coast and common sense,” said U.S. Sen. Ted Budd, R-N.C.

Environmentalists seeking protection say the estimated population of the endangered species is less than 400. The mammals of up to 140,000 pounds living more than half a century calve along the coast of Florida and Georgia and forage north in New England as far as Maine and Canada.

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Supporters of the rule estimate about 70 breeding females in the population and have called for immediate action.

Boaters, commercial operators, fishermen and charter boat companies have protested.

Budd’s letter of May 22 last year, signed by U.S. Sen. Thom Tillis, R-N.C., Republican U.S. Reps. Dr. Greg Murphy and David Rouzer, and Democratic U.S. Rep. Don Davis, said in part, “NOAA has a responsibility to work more collaboratively with technology developers to find a solution that protects right whales and preserves access to our state’s 301 miles of Atlantic coastline.”

The three House members represent North Carolina’s oceanside districts.

The amendment would have required any vessel 35 feet or greater prohibited from traveling faster than 10 knots in certain areas, including up to 90 miles offshore, for seven months of the year.

U.S. Rep. Buddy Carter, R-Ga., last year proposed legislation pushing any amendments to at least Dec. 31, 2030. Rep. Bill Keating, D-Mass., in published reports said he felt opposition from his district inclusive of Nantucket, Martha’s Vineyard and Cape Cod as well as his opposition voiced to the Office of Management and Budget were pivotal.

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Democratic Massachusetts Gov. Maura Healey said the news was good for residents and businesses, and pledged support to protect the right whales as well as the local economy.

The National Marine Manufacturers Association, largest trade association in North America for the recreational boating industry, criticized the rulemaking process.

“The way this rule was drafted gave rulemaking a bad name and created an entirely preventable dynamic,” Frank Hugelmeyer, president and CEO of the organization, said in a release. “As we’ve said all along, NOAA’s proposed rule relied on incorrect assumptions and questionable data, and failed to distinguish between large, ocean-crossing vessels and small recreational boats, which could not be more different from each other. Most concerning, the proposed rule completely ignored the advanced marine technologies available now that can best protect the North Atlantic right whale and prevent vessel strikes.”

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