Today, the National Oceanic and Atmospheric Administration (NOAA) released an advanced notice of proposed rulemaking seeking public comment on the North Atlantic Right Whale Vessel Strike Reduction Rule. Chairman Bruce Westerman (R-Ark.) issued the following statement in response:

“By taking public input on the economic impacts of the existing speed restriction rule, its efficacy and how emerging technologies can reduce vessel strikes, this proposal will better conserve species while enhancing public access to our marine resources. I thank President Trump and his administration for the return to commonsense and supporting anglers and coastal economies.”

Background

Listed as endangered under the Endangered Species Act, right whales migrate seasonally along the East Coast, spending summer and fall in the waters off New England and Canada and migrating to the southeastern United States for calving. In 2008, NOAA first implemented speed restrictions for most vessels over 65 feet in length traveling through seasonal management areas.

On August 1, 2022, under the Biden administration, NOAA published a proposed rule to expand the North Atlantic Right Whale Vessel Strike Reduction Rule. The proposed rule extended the applicability of the speed restriction rule to include boats as small as 35 feet, expanded the seasonal management areas and changed the existing safety exemptions.

With more than 63,000 registered recreational saltwater vessels measuring over 35 feet existing in states across the proposed impact area, it is estimated that the 2022 proposal would have jeopardize 340,000 American jobs and nearly $84 billion in economic contributions. 

In July 2024, Chairman Westerman led 54 members in voicing their concerns about the Biden administration’s proposed rule and emphasizing the recreational and economic impact. In January 2025, NOAA withdrew it.

Since the initial speed restriction rule went into effect in 2008, many stakeholders have urged NOAA to examine the ways that technology can be leveraged to protect right whales. The Trump administration’s rulemaking seeks to do just that, considering ways to leverage technological innovation in collaboration with ocean users. This has the potential to right-size speed restrictions to the locations where whales are present at specific points in time, while considering safety concerns.

The proposed rulemaking presents an opportunity for stakeholders impacted by this issue to offer their perspectives on the efficacy of the rule as it currently exists, economic impacts, safety concerns and opportunities to deploy technology to avoid vessel strikes.