Proposed federal whale rule that would have devastated NC businesses has been withdrawn

A federal rule proposed by the National Oceanic and Atmospheric Association (NOAA) that would have dealt a devastating blow to businesses and tourism along the East Coast — from Massachusetts to Florida and including North Carolina — has been withdrawn by the National Marine Fisheries Service (NMFS).

The North Atlantic Right Whale (NARW) Vessel Strike Reduction Rule, proposed by NOAA, would have restricted vessels greater than or equal to 35 feet (10.7 m) and less than 65 feet (19.8 m) in length to 10 knots (roughly 11 mph) along much of the Eastern Seaboard during the whales’ migration and calving season, from November to May.

NMFS said it withdrew the proposed rule in light of numerous and ongoing requests from the public for further opportunities to review and engage with the NOAA on the proposal.

NMFS said it received approximately 90,000 public comments on the proposed rule. The comments addressed many different aspects of the rule and reflected views on all sides of the issues. They said that despite their best efforts, they don’t have sufficient time to finalize this regulation in the Biden Administration due to the scope and volume of public comments.

Frank Hugelmeyer, president and CEO of the National Marine Manufacturers Association (NMMA), told Carolina Journal in a phone interview last May that NARW would put 812,000 jobs at risk and have a tremendous impact on the $84 billion coastal economy, including the recreational boating industry’s $9.1 billion impact in North Carolina, which includes over 1,000 businesses and 28,000 jobs, including Regulator Marine of Edenton, and Bass Pro Shops and White River Marine Group, which purchased Hatteras, Inc. of New Bern.

He added that there are 384,000 registered boats in North Carolina, with annual boat sales revenue reaching into the billions of dollars — and that’s without including the economic impact of tourism.

The federal rule would have also shut down all fishing tournaments during the migration time frame, creating downstream impacts on restaurants and hotels. 

“This is a huge step forward for American boat manufacturers, coastal economies, and outdoor enthusiasts across the U.S.,” Hugelmeyer said in a statement Wednesday. “The way this rule was drafted gave rulemaking a bad name and created an entirely preventable dynamic. Coastal communities are part of the fabric of this nation, and their livelihoods should never be put at risk by the federal government.” 

He noted that NOAA’s proposed rule relied on incorrect assumptions and questionable data all along, and that it failed to distinguish between large, ocean-crossing vessels and small recreational boats, which could not be more different from each other. Most concerning, Hugelmeyer added, was that the proposed rule completely ignored the advanced marine technologies available now that can best protect the North Atlantic Right Whale and prevent vessel strikes. He said the rule’s many blind spots would have created dire consequences for boater safety and accessibility, the economic vitality of coastal communities and marine manufacturers, and the livelihoods of countless supporting small businesses, all while undermining years of progress in marine conservation.

“Now the work begins by the federal government to create a durable solution that uses state-of-the-art technology to protect our endangered whale species without jeopardizing the livelihoods of hardworking American businesses and families that rely on access to the Atlantic Ocean,” Hugelmeyer said.

In May, US Sen. Ted Budd, R-NC, led members of the North Carolina delegation in sending a letter to NOAA and the Office of Management and Budget, asking for the rule to be withdrawn.

On Wednesday, Budd said he was happy with the resolution.

 “North Carolina’s coastline is a treasured part of our state and critical to our region,” he said in a press release. “NOAA’s Right Whale Strike Reduction rule would have been extremely harmful to coastal economies in North Carolina. Its withdrawal is a victory for the Carolina coast and common sense.”

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