NOAA issues ANPRM on right whale vessel speed rule

NOAA’s National Marine Fisheries Service has published an advance notice of proposed rulemaking (ANPRM) that requests information that could help modernize regulations designed to reduce the risk of lethal vessel strikes with endangered North Atlantic right whales.

NOAA is seeking information from industry experts, coastal communities, and other relevant stakeholders on ways to reduce unnecessary regulatory and economic burdens while ensuring responsible conservation practices for endangered North Atlantic right whales.

Through this action, the agency invites public comment to inform potential revisions to the 2008 North Atlantic Right Whale Vessel Speed Rule (NARW VSR).

Under existing regulations, most vessels 65 feet or longer must travel at 10 knots or less in Seasonal Management Areas along the U.S. East Coast at certain times of the year. Lower vessel speeds are one of the ways to reduce the likelihood of serious injury or death to North Atlantic right whales in the event of a vessel collision.

“NOAA encourages economic prosperity in our oceans, and advancements in technology are increasingly allowing maritime commerce to coexist with endangered species,” said Neil Jacobs, Ph.D., NOAA administrator. “This action is an important step in implementing the President’s vision of adopting modern technologies, supporting American industry, and promoting efficient and effective regulations.”

NOAA continues to focus on developing new technologies, engineering approaches, and other advanced tools to reduce the risk of vessel strikes with endangered North Atlantic right whales. The agency says that echnology has the potential to provide transformational tools to prevent species extinction while allowing marine industries, including fisheries, boating, and shipping, to continue to flourish.

“NOAA Fisheries remains committed to a thorough review of the best available science and public comments to ensure regulations that consider both the needs of industry and endangered species,” said Eugenio Piñeiro Soler, assistant administrator for NOAA Fisheries. “We will continue to explore creative solutions that support economic activity while carrying out responsible management practices for endangered species.”

There are approximately 380 North Atlantic right whales in existence—an increase of approximately 20 individuals since 2020. The latest estimate in 2025 marks the third consecutive year that the population has shown signs of increasing. NOAA Fisheries estimates there to be only about 70 reproductively active females. The agency declared an Unusual Mortality Event in 2017 due to elevated deaths. Human impacts continue to threaten the survival of North Atlantic right whales, and the population will need to increase significantly in order to recover.

The public is encouraged to submit comments via the Federal Register during the comment period through June 2, 2026.

American Pilots Association applauds ANPRM

The American Pilots’ Association (APA) said it applauded NOAA’s release of the ANPRM .

“APA is pleased with this notice and will use this ANPRM process to continue our cooperative efforts with NOAA to advance our shared objectives of safe navigation and marine environmental protection.” said APA president Captain Jorge Viso. “We also agree with NOAA that our collective efforts should be aimed at ‘ways to reduce unnecessary regulatory…burdens while maintaining or enhancing conservation efficacy for the North Atlantic right whale.’”

In August 2022, NOAA proposed amendments to the current NARW VSR, which met immediate backlash from Congress and key parts of the maritime sector, including ports, merchant shipping, pilots, commercial/sport fishing, and recreational boating. The APA says these proposed changes would have amended the existing NARW VSR in ways that would have had the unintended consequences of negatively impacting (1) the navigational safety of large commercial vessels moving in confined and narrow offshore channels; (2) the safety of pilots and pilot boat crews; and (3) the efficiency and reliability of the maritime supply chain upon which our Nation relies. In addition to engaging in bipartisan efforts to educate Congressional members, in September 2022, APA offered detailed comments to NOAA on its VSR proposal, and in November 2023 APA provided comments to the Office of Management and Budget (OMB). The full text of these comments is available here and here, respectively. Fortunately, APA comments and the comments of others led the Biden Administration to withdraw the proposed 2022 amendments to the NARW VSR in late 2024. Comments on NOAA’s latest ANPRM are due by June 2, 2026.

“APA looks forward to working with NOAA to protect the NARW while also advancing our core objective of promoting navigation safety, safety of life at sea, and the environmentally responsible movement of maritime commerce on America’s waterways,” APA executive director-general counsel, Clay Diamond said. “We are hopeful NOAA will thoughtfully consider our comments and those of our member pilot associations along the East Coast and make meaningful changes to the VSR that will make it more effective in protecting NARWs without negatively impacting navigation and personnel safety.”

Download the ANPRM here