Deadline extended for Right Whale Vessel Strike Reduction Proposed Rule

North Atlantic right whale #4180 and new calf © Clearwater Marine Aquarium Research Institute and U.S. Army Corps of Engineers

NOAA Fisheries is proposing changes to the North Atlantic right whale (Eubalaena glacialis) vessel speed regulations 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 proposed rule would:

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. Changes to the speed regulations are proposed to 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. Changes to the existing vessel speed regulation are essential to stabilize the ongoing right whale population decline and prevent the species' extinction. Below are links to the 2022 Proposed Rule, a history of vessel speed regulations, and relevant supporting documents. NOAA Fisheries hosted three public informational webinars in August to answer questions about the proposed rule. A recording of the August 16, 2022 webinar can be watched below. A copy of the informational webinar PowerPoint slides can also be found here.

   Federal register

   • 2022 Proposed Rule Comment Period Extension (September 16, 2022)
   • 2022 Proposed Rule (87 FR 46921; August 1, 2022)
   • 2014 Correction to the Removal of the "Sunset" Provision (79 FR 34245; June 14,...)
   • 2013 Removal of "Sunset" Provision from the Speed Rule (78 FR 73726; December 9...
   • 2008 Final Speed Rule (73 FR 60173; October 10, 2008)
   • 2006 Proposed Rule to Implement Speed Restrictions (71 FR 36299; June 26, 2006)
   • 2004 Advanced Notice of Proposed Rulemaking (69 FR 30857; September 13, 2004)

   Supporting materials

   • 2022 Draft Environmental Assessment (PDF, 80 pages)
   • 2022 Draft Regulatory Impact Review and Initial Regulatory Flexibility Analysis...
   • Assessing the risk of vessel strike mortality in North Atlantic right whales...
   • Map of 2022 Proposed Seasonal Speed Zones (PDF, 1 page)
   • Map of 2022 Proposed Seasonal Speed Zones and current Seasonal Management Areas...
   • GIS Data for Proposed Seasonal Speed Zones
   • 2020 North Atlantic Right Whale Speed Rule Assessment
   • 2012 An Assessment of the Final Rule to Implement Vessel Speed Restrictions to...
   • 2008 Final Environmental Impact Statement (FEIS)
   • Reducing Vessel Strikes to North Atlantic Right Whales