One federal agency is strapped over ensuring the safety of an endangered whale species and the economic security of marine industries.
READ MORE: Change in federal whale protections could have dire effects on fishing industry
The National Oceanic and Atmospheric Association is proposing stricter regulations on vessels along the Atlantic coast to further protect the North Atlantic right whale. It took heat from the House of Representatives in a committee meeting Tuesday.
Worldwide, the right whale has fewer than 350 total and only 70 reproductively active females remaining.
The agency stipulates boats longer than 64 feet must proceed at a speed of 10 knots in seasonal speed zones enforced from Nov. 1 to April 30 in North Carolina. A decision is incoming on whether the speed limits will be applicable to smaller boats as well — a rule change that could negatively impact the fishing and shipping industries.
NOAA is deliberating whether it will extend the speed zone limits to vessels measuring 35 to 65 feet. With it would come speed zones capturing the entire East Coast, rather than sections of it with a higher volume of whale sightings. The rule would also establish temporary 10-knot transit zones when right whales are detected outside designated speed zones.
Having to slow down would decimate full-day charter fishing, according to many boaters, which needs hours of travel time to reach prime fishing destinations at sea. Commercial fishing would also take a hit — around 25% of the fleet in North Carolina — due to slower speeds. Boaters have raised safety concerns, asking leaders what happens if drivers need to increase speed in challenging channels or to avoid bad weather.
The agency proposed the changes last July and garnered public feedback in the fall. Now it is analyzing the comments received. Yet, the U.S. House Committee on Natural Resources, Subcommittee on Water, Wildlife and Fisheries summoned NOAA Assistant Administrator for Fisheries Janet Coit, along with some others, to speak Tuesday — a move some House members called premature.
“This seems to be our week for trying to overturn rules before we’ve even seen them on the floor,” Rep. Seth Magaziner (D-Rhode Island) said Tuesday. “You know, it’s disappointing. I think that my colleagues across the aisle are so eager to overturn anything the Biden administration does that they do it before they even see it.”
Jared Huffman (D-California) pointed out the agency has an obligation to act, to do what it can to stimmy the loss of the whales.
According to NOAA data, collisions or entanglements with vessels are exacerbating the North Atlantic right whale’s decline. Since 2017, vessel strikes account for 12 deaths and two serious injuries. Entanglements with fishing gear contributed to nine deaths and 30 serious injuries.
NOAA has been tracking a few whales for months in an effort to detangle them from various fishing lines. The most recent death was a 20-year-old male off the coast of Virginia Beach in February, caused by a vessel strike.
“This is not something where you can just, as some witnesses have said, give us a little more time, give us a few more years to try to figure out other alternatives,” Huffman said.
Still, some House members claimed NOAA is using its bureaucratic powers to focus on a non-issue. They argue the majority of vessel strikes are from boats over 64 feet, whose speeds are already regulated by NOAA, and, therefore, a better compromise is needed.
Captain Fred Gamboa, owner of a charter boat company in New Jersey, testified a 10-knott speed limit will result in his direct loss over 70 trips, with an estimated economic loss of over $140,000. He said he would have to sell off boats and potentially shutter his business if the rule takes effect.
On a broader level, Frank Hugelmeyer, President and CEO of National Marine Manufacturers Association estimated 9,300 commercial vessels and 63,000 recreational boats will be impacted by the rule. He said industry data puts the number at $84 billion with an estimated 340,000 American jobs in jeopardy.
Beyond the economic impacts, American Pilots Association Executive Director Clayton Diamond said maritime pilots, who have specific knowledge of an often dangerous or congested waterway, would be in more danger under the proposed NOAA rule change. Local pilots are often required to guide foreign ships into harbors.
“Speed is needed to maintain control of the ship while passing other large ships,” he said. “If ships depart the channel and go aground or lose control and collide, an oil spill is a likely consequence.”
Diamond also noted slower traffic could cause supply chain issues at major ports, including Wilmington’s.
“It’s a false choice to state that Americans must choose between saving whales and allowing public access that provides economic security for small businesses and families,” Hugelmeyer said. “We can do both.”
However, those that testified against NOAA’s proposal did not offer an alternative. That will be NOAA’s job as it moves forward with a finalization of a rule change proposal.
In the meantime, Coit said NOAA plans to use $82 million Inflation Reduction Act funding to fund more right whale research, including technology to better detect right whales in the water.
Editor’s Note: A previous version of this article stated Frank Hugelmeyer’s first name was Frankie; it has since been updated. PCD regrets the error.
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