By Abbas Nazil
The American Pilots’ Association (APA) has applauded the National Marine Fisheries Service (NMFS) for formally withdrawing a proposed amendment to the North Atlantic Right Whale Vessel Strike Reduction Rule on January 16, 2025.
The now-shelved amendments, originally published on August 1, 2022, sought sweeping changes that drew widespread criticism for potential unintended consequences, including threats to maritime safety, endangerment of pilots, and disruptions to the East Coast’s maritime supply chain.
APA President, Captain Jorge Viso, expressed optimism about the withdrawal, emphasizing the association’s readiness to collaborate with NMFS and the National Oceanic and Atmospheric Administration (NOAA) to identify innovative and technology-driven measures to protect the endangered North Atlantic Right Whale (NARW).
According to Viso, this decision signals an opportunity to revisit conservation strategies in ways that are both effective and practical.
For over two years, APA has maintained that existing technologies could offer a more balanced approach to safeguarding the NARW population without imposing blanket speed restrictions that disrupt maritime operations.
The contentious proposal would have significantly altered speed regulations in ways that APA and others deemed overly restrictive and unsafe.
Notably, the amendments sought to expand the application of mandatory 10-knot speed limits from vessels 65 feet or larger to those as small as 35 feet, effectively capturing every offshore pilot boat operating along the East Coast.
The rule would have doubled the size of seasonal speed zones to encompass nearly 40,000 square miles, including federally-maintained navigation channels (FNCs), while mandating speed restrictions for more than half the year.
Perhaps most concerning to APA was the proposed modification of the navigation safety “deviation clause.”
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This provision currently allows vessels to exceed speed limits when necessary for safety, but the amendments would have rendered its use so bureaucratically cumbersome that it would have been effectively useless, endangering pilots and their crews in the process.
The proposed amendments faced bipartisan opposition in Congress and backlash from nearly every sector of the maritime industry, including ports, commercial shipping, fishing, and recreational boating.
APA submitted detailed comments to NOAA and NMFS in October 2022 and followed up with additional comments to the Office of Management and Budget in November 2023.
In these communications, the association offered practical alternatives aimed at balancing NARW conservation with maritime safety.
These included better leveraging technology to establish protective zones, exempting pilot boats and deep-draft vessels from the restrictions, and refining reporting requirements for the navigation safety clause.
APA Executive Director Clay Diamond echoed these sentiments, stating that while the association supports common-sense measures to protect the NARW population, the proposed changes were poorly conceived and posed significant risks to navigation safety and the maritime supply chain.
Diamond emphasized APA’s commitment to working with NMFS to find viable solutions that protect the whales while maintaining safe and efficient maritime operations.
As stewards of maritime safety, APA-member pilots oversee the navigation of large, ocean-going vessels in East Coast waterways, bringing expert knowledge of local waters and shiphandling.
Captain Viso highlighted APA’s unique qualifications to assist NOAA and NMFS in developing realistic and effective conservation measures, reaffirming the association’s role as a dedicated partner in efforts to restore the NARW population.
With the withdrawal of the proposed amendments, APA remains hopeful for a collaborative path forward that prioritizes both environmental protection and maritime safety.
