WASHINGTON (Jan. 15, 2024) – The Marine Retailers Association of the Americas announced today that the National Marine Fisheries Service officially withdrew the proposed North Atlantic Right Whale Vessel Strike Reduction Rule. Initially proposed in August of 2022, this rule would have put in place a 10-knot speed limit on almost the entire East Coast and would have limited access for recreational anglers and boaters while shuddering marine retailers and businesses in coastal communities along the Eastern Seaboard.

“After working tirelessly to educate decisionmakers on the flawed logic of the proposed Right Whale Vessel Speed Rule and the negative impact it would have on marine retailers and the recreational boating industry at large, we are pleased to see that the rule has ultimately been withdrawn,” said Matt Gruhn, President of the MRAA. “We hope that the withdrawal of this rule will provide the industry with the opportunity to work with the federal government to develop and invest in technological solutions to ensure that recreational boaters and anglers can co-exist with marine mammals while on America’s oceans, protecting both access to our marine resources and endangered aquatic species.”

The recreational marine industry stood united in opposition to the National Oceanic and Atmospheric Administration’s proposed rule as it relied on incorrect assumptions and questionable data, did not differentiate between large oceangoing vessels and small recreational boats, and put forth the proposed rule without conducting an in-depth economic impact analysis on the recreational marine industry or the affected small businesses. While the withdrawal of the rule ensures that access is maintained for recreational anglers and boaters who ply the waters off the Eastern Seaboard, the MRAA and recreational marine industry at large continue to stay focused on working with the federal government to develop and deploy technological solutions that will minimize boater-whale interactions, ensure boater safety and support the conservation of the endangered Right Whale.

“This is a huge step forward for American boat manufacturers, coastal economies, and outdoor enthusiasts across the U.S.,” said Frank Hugelmeyer, President and CEO of the National Marine Manufacturers Association, the largest trade association in North America for the recreational boating industry. “The way this rule was drafted gave rulemaking a bad name and created an entirely preventable dynamic. Coastal communities are part of the fabric of this nation, and their livelihoods should never be put at risk by the federal government.” 

Proposed Right Whale Vessel Speed Rule Background
In August of 2022, NOAA proposed a substantial expansion of its North Atlantic Right Whale Vessel Strike Reduction Rule that significantly curtailed recreational boating access along the East Coast. The existing rule mandates that boats measuring 65 feet in length and greater adhere to a 10 kts speed limit in locations like breeding and calving areas, as well as heavily trafficked ports, where risk to the North Atlantic Right Whale is highest. Under the proposed rule, however, all boats 35 feet in length and larger would be limited to a speed of 10 knots (11 mph) within a vast area of the U.S. Eastern Seaboard, extending from Massachusetts to central Florida, for up to 8 months out of the year and in some places up to 90 miles offshore.

While the map above outlines the newly proposed boundaries of the proposed regulations, it does not include additional zones that may be classified as a Dynamic Speed Zone (DSZ). A DSZ is put in place only after NOAA confirms that there are whales in a certain area and that there is more than a 50 percent chance the right whales remain in the area.

For a more in-depth background on this issue, please read our background blog here.

Looking Back – Advocacy Efforts and Fighting for Marine Retailers
Since the proposed rule was initially introduced, the MRAA and our partners in the recreational boating and angling industries have sought every opportunity to push back against the proposed rule, highlighting the impact it would have on recreational boaters and anglers and most importantly for our members, marine retailers. Below is a breakdown of how the MRAA has engaged on the Right Whale Vessel Speed rule since 2022, taking every opportunity to fight for our members and protect access for recreational boaters on the East Coast.

• October 7, 2022: The MRAA and other leading organizations representing recreational fishing and boating in the United States urged the National Marine Fisheries Service (NMFS) to pause its proposed North Atlantic Right Whale Vessel Strike Reduction Rule. Click here for the full update.
• April 17, 2023: The MRAA and 17 State and National marine trade associations submit a letter to members of the House and Senate Subcommittees on Commerce, Justice, Science and Related Agencies (CJS) to stall proposed changes to the onerous Right Whale Rule. Click here to read more.
• November 15, 2023: Congressional Boating Caucus hosted a briefing on the National Oceanic and Atmospheric Administration’s proposed expansion of the North Atlantic Right Whale Vessel Strike Reduction Rule. The briefing outlined how the proposal would devastate the recreational boating and fishing industries on the Atlantic coast and the communities that depend on them. Click here to for the full update.
• February 2, 2024: The NMMA hosted Janet Coit, Assistant Administrator for NOAA fisheries, at the Discover Boating Miami International Boat Show to express concerns about the agency’s proposed expansion of the North Atlantic Right Whale Vessel Strike Reduction rule. Click here to learn more.
• March 15, 2024: The MRAA’s Mike Sayre joined other recreational marine and fishing industry advocates to make the case that technology-based solutions are viable options to protect the NARW while allowing for safe operation of recreational vessels. Click here for the full update.
• May 28, 2024: In a meeting with the White House Office of Information and Regulatory Affairs, the MRAA and the Association of Marina Industries (AMI) formally requested the National Marine Fisheries Service withdraw its proposed amendments to the North Atlantic Right Whale Vessel Strike Reduction Rule. Click here for the full update.
• June 27, 2024: Jeff Strong, MRAA Board Chair and President of Strong’s Marine, testified before Congress on Capitol Hill regarding the MAPOceans Act and the Right Whale Vessel Speed Rule, highlighting the shortcomings of the proposed Right Whale Vessel Speed Rule and the impact it stands to have on marine retailers. Click here for the full update.
• August 7, 2024: The MRAA applauds the work of Senators Manchin (I-WV) and Graham (R-SC) for introducing S.4948, the bipartisan Protecting Whales, Human Safety, and the Economy Act of 2024 and continuing to be champions of the recreational boating industry. Click here for the full update.

“Throughout the entirety of the regulatory process the MRAA was laser focused on highlighting to decisionmakers how the proposed Right Whale Vessel Speed Rule would negatively impact our members on the East Coast, as it would have threatened coastal communities and shuttered small businesses whose customers rely on access to our nation’s oceans,” said Chad Tokowicz, MRAA Government Relations Manager. “We could not have done this alone, and I want to thank and acknowledge all of the MRAA members who joined us at the American Boating Congress, authored op-eds, met with their members of Congress, and submitted comments and more, as your engagement on this issue was instrumental in highlighting the widespread negative impacts of the proposed rule.”

Moving Forward – Focus on Technological Solutions
The recreational boating industry thrives on clean water, healthy fisheries, and access to both, and that is why as we move forward, we are committed to focusing on how we can support the conservation of endangered marine mammals like the North Atlantic Right Whale. Currently, there are a variety of promising technologies including satellite imaging, passive acoustic monitoring, infrared sensors, and more that can help detect the North Atlantic Right Whale and provide important data to boaters. Furthermore, the marine industry is interested in leveraging whale location data that could be aggregated and disseminated to mariners to help them avoid marine mammals when they are detected. The MRAA and recreational boating industry at large plans to build on our previous work on technological solutions, with the goal of giving mariners the ability to make boating decisions based on real-time location data for marine mammals.

“While we are glad to see access for East Coast boaters maintained and the immediate threat to marine retailers overcome, we now will shift our focus to supporting technological solutions to help ensure that negative interactions between endangered Right Whale and recreational boaters are reduced,” said Mike Sayre, MRAA Government Relations Director. “It is no secret that a variety of technological solutions currently exist which could be leveraged and paired with advancements in real-time monitoring technology to provide mariners with a variety of tools to reduce the likelihood of marine mammal interactions. Now is the time to turn our focus on making this technology a reality as we understand that clean, healthy and strong marine ecosystems are what draws many recreational boaters and anglers to our nation’s oceans.”

One of the biggest victories in the name of technology occurred in May of 2024, when the National Fish and Wildlife Foundation unveiled the Vessel Strike Avoidance Fund. This fund supports the development and adoption of innovative technology solutions to provide mariners with tools to more effectively avoid collisions with large whales. This grant program is a prime example of the type of work that the MRAA and recreational marine industry at large will continue to support, as this program is facilitating investment in much needed technologies, and we hope to support the expansion and continuation of this work.

As the MRAA and recreational boating industry at large continue to support technology solutions, we will be sure to keep our members in the loop, so be sure to be on the lookout for updates. Should you have any questions or want to learn more or get engaged in marine industry advocacy, please reach out to the MRAA Government Relations team and Manager Chad Tokowicz, at Chad@mraa.com.