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NMFS published a proposed rule to amend the North Atlantic Right Whale Vessel Strike Reduction Rule (per 50 CFR 224.105; 87 FR 46921, August 1, 2022). NMFS proposed this action to further reduce the likelihood of mortalities and serious injuries to endangered right whales from vessel collisions, which are a leading cause of the species’ decline and a primary factor in an ongoing Unusual Mortality Event. The final rule will 1) modify the spatial and temporal boundaries of current speed restriction areas, currently referred to as Seasonal Management Areas (SMAs), 2) include most vessels greater than or equal to 35 ft (10.7 m) and less than 65 ft (19.8 m) in length in the vessel size class subject to speed restriction, 3) create a Dynamic Speed Zone framework to implement mandatory speed restrictions when whales are known to be present outside active SMAs, and 4) update the speed rule’s safety deviation provision. The final amendments to current speed regulations reduce vessel strike risk based on a coast wide collision mortality risk assessment and updated information on right whale distribution, vessel traffic patterns, and vessel strike mortality and serious injury events. NMFS solicited public comment on the proposed action and received over 90,000 public comments. The agency plans to take final action on the final rule in 2024.

Statement of Need:

Action is needed to further reduce the likelihood of mortalities and serious injuries to endangered North Atlantic right whales from vessel collisions, which are a leading cause of the species’ decline and contributing to the ongoing Unusual Mortality Event (2017 - present). Following two decades of growth, the species has been in decline over the past decade with a best population estimate of approximately 360 individuals. Entanglement in fishing gear and vessel strikes are the two primary causes of North Atlantic right whale mortality and serious injury across their range, and human-caused mortality of females, in particular, is limiting recovery of the species.

Summary of the Legal Basis:

NMFS is implementing this rule pursuant to its rulemaking authority under MMPA section 112(a) (16 U.S.C. 1382(a)), and ESA section 11(f) (16 U.S.C. 1540(f)).

Alternatives:

The 2022 proposed rule would modify NMFS’ current right whale vessel speed regulation at 50 CFR 224.105. The proposed rule would modify the spatial and temporal boundaries of the current speed regulation (referred to as Seasonal Management Areas, or SMAs) to create newly proposed Seasonal Speed Zones (SSZs); add smaller vessels down to 35 ft in length; establish a mandatory Dynamic Speed Zone program; and expand safety deviation exceptions. In addition to that Preferred Alternative, NMFS considered a number of alternatives in the draft Regulatory Impact Review and draft Environmental Assessment.

Anticipated Costs and Benefits:

Under the Preferred Alternative, NMFS estimated in 2022 that the proposed modifications to the speed rule would cost just over $46 million per year. Estimated costs would be borne primarily by the owners and operators of vessels transiting within expanded portions of SSZs along the U.S. East Coast. Owners and operators of vessels of applicable size classes that regularly transit within active SSZs at speeds in excess of 10 knots would be most affected. Vessels operating in the Northeast and Mid-Atlantic regions would be expected to bear the majority of costs (89 percent) if the proposed measures were finalized without any modifications. Potential benefits stemming from this action include a reduction in North Atlantic right whale mortalities and serious injuries resulting from collisions with vessels, with potential reduction in vessel strike risk for other large whale species. 

Risks:

 Action is essential to ensure long-term recovery of North Atlantic right whales. The proposed modifications to the current speed rule are designed to: 1) address a misalignment between existing Seasonal Management Areas and places/times with elevated strike risk, and 2) mitigate currently unaddressed lethal strike risk from vessels 35-65 ft in length. Given the endangered status of the North Atlantic right whale, the large geographic area, and the number of stakeholders and potentially regulated entities, final modifications to the current speed rule would be both controversial and of high interest.