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North Atlantic right whales are an endangered species of baleen whales that inhabit coastal waters of the North Atlantic and migrate annually along the continental shelf from Florida to Canada. Historically a favorite target of commercial whalers, the North Atlantic right whale population was nearly hunted to extinction by the late 19th century. Although they’ve been protected for decades, the species has never recovered from overfishing, and experts estimate their current population to be fewer than 360 individuals.
Since 2017, the National Oceanic and Atmospheric Administration (NOAA) has reported that North Atlantic right whales have experienced an Unusual Mortality Event, resulting in more than 20 percent of the right whale population experiencing death or a severe injury. The primary causes of these events stem from human interaction in the form of entanglement in commercial fishing gear and vessel strikes. To address the alarming plight of the North Atlantic right whale, NOAA proposed new legislation in 2023 that, among other things, would require all boats 35 feet and longer to limit their speed to 10 knots (11.5 mph) or slower between November to April or May, from north Florida to Massachusetts, up to 90 miles offshore.
This was understandably met with extreme push-back from the fishing and boating communities, who view the proposed legislation as a direct threat to their economic and cultural livelihoods. The National Marine Manufacturers Association (NMMA) has warned that the proposed changes to vessel speed regulations could endanger approximately 810,000 jobs and $230 billion in economic activity, severely impacting coastal economies that rely on recreational boating, fishing and ocean tourism. According to reports published by the American Sportfishing Association (ASA), the recreational angling group spearheading the fight against this legislation, there have only been five confirmed vessel strikes on right whales from boats 65 feet and under since 2008, adding further frustration to this potentially crippling legislation.
Since its introduction, the ASA, NMMA, and other leading voices in the fishing and boating industries have banded together to fight this proposed legislation, urging policymakers to find a more logical solution to the right whale issue. A recent update published by the ASA provides some positive momentum for anglers and boaters monitoring this situation.
Earlier this month on August 2, 2024, U.S. Senators Joe Manchin (I-WV) and Lindsey Graham (R-SC) introduced the bipartisan Protecting Whales, Human Safety, and the Economy Act of 2024. This legislation aims to protect the interests of recreational anglers and boaters by preventing NOAA from changing the existing North Atlantic Right Whale vessel strike reduction rule until at least 2030. The full text of the legislation is available here.
“As Co-Chair of the Congressional Sportsmen’s Caucus and as an avid sportsman myself, I know firsthand how important our fishing culture is to who we are as West Virginians and as Americans,” said Senator Manchin. “I’m proud to introduce the Protecting Whales, Human Safety, and the Economy Act of 2024 to prevent unnecessary federal rules from placing extreme burdens on our seasonal fishermen, boat manufacturers and coastal economies. We can and should find reasonable solutions to protect the North Atlantic Right Whale population without regulating critical industries out of business, and I stand ready to work with my bipartisan colleagues to find that balance.”
This new legislation seeks to block the implementation of the proposed speed restriction rule or any future changes to the current laws pertaining to vessel speed restrictions. Additionally, it aims to establish a research program focused on finding and testing methods to reduce harmful interactions between ocean users and North Atlantic right whales.
“The proposed rule will dramatically affect the safety of harbor pilots operating in Charleston and is a death blow to sport fishing, boat manufacturing, and tourism across South Carolina,” said Senator Graham. “The best thing we can do to protect right whales is to support the deployment of technology. There is advanced marine technology available that can monitor whales without putting harbor pilots’ lives at risk and destroying industries important to our state’s economy.”
Although this proposed legislation is a step in the right direction for anglers and boaters, the issue is far from resolved. For those interested in taking action on the issue, the ASA is directing anglers to contact their members of Congress and urge them to support the Protecting Whales, Human Safety, and the Economy Act.
