NOAA is looking to add regulations for some boat speeds to help protect whales, but what are the impacts?

The National Oceanic and Atmospheric Administration is proposing stricter speed restrictions for boats in the Atlantic, and environmental groups and boating industry experts are sparring ahead of the administration’s December deadline.

NOAA’s proposed rule would expand on existing requirements by reducing the maximum speed limit for commercial and recreational boats of 35 feet or larger to 10 knots, or about 11.5 mph, in zones across the East Coast. Currently, speed reductions only affect boats 65 feet or larger.

“When you require a vessel to go under 11 miles an hour, which is roughly the speed you would ride your bicycle in your neighborhood, then you don’t take into account the sea conditions,” said Jeff Angers, president of the Center for Sportfishing Policy.

Angers said an exemption from going 10 knots if the National Weather Service has issued a gale-force warning isn’t adequate. A gale force warning is issued when winds hit 39 mph. But even at 35 mph, winds can cause safety issues for boaters and guests, he said.

In addition to safety concerns, economic concerns come into play, as well, Angers said, particularly in coastal Virginia. According to data from the National Marine Manufacturers Association, 79,900 anglers in Virginia’s 3rd Congressional District spent $65.7 Million on fishing-related purchases in 2021.

North Atlantic right whales have been listed as endangered under the Endangered Species Act since 1970, according to NOAA. The latest preliminary estimate suggests there are fewer than 350 remaining, including fewer than 70 breeding females. The number of new calves born in recent years has been “below average.” NOAA Fisheries has reported since 2017 that right whales have gone through an “unusual mortality event,” which has prompted further research and investigation into what is happening. NOAA reports the main cause is human interaction, particularly entanglements and vessel strikes.

Whales that have been affected by the event are “dead, injured and sick individuals, who represent more than 20% of the population.” NOAA has noted that this is significant for a species that is already struggling to repopulate. Additionally, research demonstrates that only about a third of right whale deaths are documented.

In February, a 43-foot North Atlantic right whale washed ashore in Virginia Beach near Aeires on the Bay Park. NOAA determined the whale suffered “catastrophic” blunt-force trauma that damaged a large portion of its vertebral column. Injuries consistent with a vessel strike would have resulted in death shortly after the injury. The New England Aquarium identified the whale as right whale #3343, a 20-year-old male. Its last confirmed sighting was Dec. 26, 2022, off the coast of Georgia.

Angers said enforcement of current regulations should be the first step toward protecting right whales. He said many of the whale strikes occurred in zones with speed restrictions, so having additional enforcement of the rules could reduce right whale injuries and deaths. Another alternative would be for NOAA to provide real-time updates and tracking on whale locations for boat pilots, so they can better avoid collisions.

However, proponents of the stricter speed limits have said that there is no time to waste when it comes to enacting rules to help the right whale population. Greg Reilly, who works with the International Fund for Animal Welfare and is a retired Coast Guard officer, said that safety measures are already in place for smaller boats. He added that if a boater were to deem conditions unsafe, they can go over 10 knots. Like Angers, Reilly said enforcement has been an issue.

“On its face, (tracking whales) sounds wonderful, and it’s 2023, so it sounds totally plausible,” Reilly said. “The problem with that is that no one in the conservation and research community sees anything remotely soon enough to save the species or anything that can replace speed restrictions technology. The ability to give mariners information about the risk of a strike can be used to complement speed restrictions, but not replace them.”