The Withdrawal of Proposed Rulemaking for North Atlantic Right Whale Protection

On January 16, 2025, the National Marine Fisheries Service (NMFS) formally withdrew its August 1, 2022, Notice of Proposed Rulemaking (NPRM) that sought amendments to the North Atlantic Right Whale Vessel Strike Reduction Rule. This decision came after bipartisan opposition from Congress and immediate backlash from various segments of the maritime sector.

Concerns and Proposed Amendments

The proposed amendments would have changed the application of the seasonal 10 knot speed restriction from vessels ≥ to 65ft to vessels ≥ 35ft, significantly impacting offshore pilot boats. Additionally, the amendments would have expanded Seasonal Speed Zones to nearly 40,000 square miles, covering the entire East Coast with mandatory 10 knot speed limits for more than half the year. The proposed rule would have also made the existing regulatory navigation safety “deviation clause” bureaucratically cumbersome.

Response from American Pilots’ Association

The American Pilots’ Association (APA) welcomed the withdrawal of the proposal but sees it as an opportunity for continued collaboration with NMFS and NOAA. APA President Captain Jorge Viso emphasized the importance of leveraging technology for North Atlantic Right Whale protection and suggested alternative measures to ensure safety without hindering navigation.

Collaborative Efforts

APA-member pilots, responsible for handling large ocean-going vessels in East Coast waterways, are committed to protecting the marine environment while ensuring efficient maritime commerce. The association is prepared to work with NMFS to address the challenges facing the North Atlantic Right Whale population and implement effective protective measures in and around ports.

Conclusion

APA considers itself a genuine partner in efforts to protect and restore the North Atlantic Right Whale population. The withdrawal of the proposed rulemaking presents a new opportunity for collaboration and innovation in safeguarding these marine mammals while maintaining navigation safety and maritime supply chain efficiency.