A significant Oversight Hearing was held today by the Water, Wildlife and Fisheries Subcommittee of the House Committee on Natural Resources regarding the National Oceanic and Atmospheric Administration’s (NOAA) proposed Right Whale Vessel Speed Rule. The hearing addressed the potential impact of the proposed rule on both marine wildlife and the recreational marine industry.
The proposed Right Whale Vessel Speed Rule aims to protect the endangered North Atlantic right whale population by reducing the risk of vessel collisions. The rule would require all vessels 35 feet and above to reduce their speed to 10 knots along the East Coast, up to 90 miles offshore, from November through June. To learn more, read this MRAA blog.
In Congress, an Oversight Hearing is conducted when Members of Congress (MOC) — hosted by either a full committee or subcommittee — seek to gain a more comprehensive understanding of a law, proposed regulation, or Federal program. The Oversight Hearing, conducted in the House Natural Resources Subcommittee on Water, Wildlife and Fisheries, allowed stakeholders, including recreational marine industry representatives, to share their concerns and feedback on the proposed Right Whale Vessel Speed rule. Watch the hearing here.
Chairman Cliff Bentz (R-OR) and Ranking Member Jared Huffman (D-CA) opened the hearing, providing background on the issue and proposed regulation. After the opening statements, each witness was given 5 minutes to remark, after which MOC asked witnesses questions.
Hearing witnesses included:
- The Honorable Janet Coit, Deputy Administrator for the National Oceanic and
Atmospheric Administration (NOAA), Washington, D.C. - Mr. Clayton L. Diamond, Executive Director, American Pilots’ Association,
Washington, D.C. - Mr. Fred Gamboa, Captain, Andreas’ Toy Charters, Princeton, N.J.
- Mr. Frank Hugelmeyer, President and CEO, National Marine Manufacturers
Association (NMMA), Washington, D.C. - Dr. Jessica Redfern, Associate Vice President of Ocean Conservation Science,
Anderson Cabout, Center for Ocean Life at New England Aquarium, Boston, Mass.
During the hearing, the recreational marine industry expressed strong opposition to the proposed Right Whale Vessel Speed Rule, and acknowledged the importance of protecting endangered species. The marine industry representatives argued that the proposed rule would disproportionately impact boating, related businesses and recreational activities without effectively addressing the core issue of right whale conservation.
They also highlighted the potential adverse economic impact, safety issues and advocated for alternative tracking technologies.
- Economic Impact: Reduced vessel speeds would lead to longer travel times, increased fuel consumption and operational inefficiencies, resulting in higher costs for businesses and consumers. All along the Eastern Seaboard this could lead to the shuddering of related small businesses in coastal communities.
- Safety Concerns: Slower vessel speeds for smaller boats actually make them less safe, as they are most stable when on plane.
- Alternative Solutions: The significant objective is right whale conservation AND minimizing the negative impact on businesses. Suggested measures included improving whale detection technologies so real-time monitoring data can be used to inform management decisions instead of a coast-wide blanket speed regulation. This would also locate whales with more accuracy.
Members of Congress questioned witnesses to better understand the impact the proposed rule would have on the recreational boating industry and NOAA’s process in gathering input on the proposed rule. They also inquired about similar restrictions being implemented in other United States coastal waterways.
Representative Peltola (D-AK) asked both Janet Coit and Frank Huglemeyer to “explain how marine businesses and particularly shipping companies and charter fishing operators have been consulted on the proposed rules, and how they will be included in any further regulatory developments.” Deputy Administrator Coit said multiple opportunities were allowed for the public to provide input and comment on the proposed rule. Mr. Hugelmeyer said the recreational marine industry was not made aware of this proposed regulation and that there was little dialog with NOAA regarding the development of the rule. Mr. Hugelmeyer shared that various attempts were made, on behalf of the recreational marine industry, to work collaboratively with NOAA, but those attempts were denied.
The Oversight Hearing created an open dialogue between NOAA and the recreational marine industry. Both parties agreed on the importance of right whale conservation, but opinions varied for the most effective way to achieve this goal. Further discussions and collaboration are necessary to strike a balance between conservation, access and the recreational marine industry viability. Notably, the proposed rule is still within the rule making process, meaning NOAA is reviewing comments submitted during the public comment period. Click here to see comments submitted by the MRAA. After analyzing these comments, and potentially making changes to the proposed rule, it will be sent to the White House Office of Management and Budget Office of Information and Regulatory Affairs which will further review the proposed regulation.
The hearing offered valuable insights into the ongoing debate surrounding marine mammal protection and the recreational marine industry’s concerns, highlighting the need for a comprehensive approach to address conservation and economic considerations. As the dialogue continues, it is crucial for stakeholders to cooperate to find common ground and develop sustainability solutions of marine ecosystems and the recreational marine industry.
Currently, NOAA is considering similar restrictions in the Gulf of Mexico for the Rice’s whale. The MRAA wants to know how this will impact you and your business, so please take a survey and provide important data.
If you have any questions, or are interested in sharing how the proposed regulation will impact you and your business, please contact me (Chad@mraa.com), as we have plenty of media opportunities for impacted stakeholders.
