Proposed Rule2026-04260
Advance Notice of Proposed Rulemaking To Amend the North Atlantic Right Whale Vessel Strike Reduction Rule
Primary source
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Published
March 4, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is considering possible deregulatory action to modify and modernize the North Atlantic Right Whale Vessel Speed Rule. The goal of this initiative is to reduce unnecessary regulatory and economic burdens on the regulated community by replacing current seasonal speed restrictions with alternative management areas and advanced, technology-based, strike-avoidance measures that maintain or enhance conservation efficacy for the endangered North Atlantic right whale (Eubalaena glacialis).
Full Text
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[Federal Register Volume 91, Number 42 (Wednesday, March 4, 2026)]
[Proposed Rules]
[Pages 10580-10581]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-04260]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 224
[Docket No. 260227-0058]
RIN 0648-BO42
Advance Notice of Proposed Rulemaking To Amend the North Atlantic
Right Whale Vessel Strike Reduction Rule
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Advance notice of proposed rulemaking; request for comments.
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SUMMARY: NMFS is considering possible deregulatory action to modify and
modernize the North Atlantic Right Whale Vessel Speed Rule. The goal of
this initiative is to reduce unnecessary regulatory and economic
burdens on the regulated community by replacing current seasonal speed
restrictions with alternative management areas and advanced,
technology-based, strike-avoidance measures that maintain or enhance
conservation efficacy for the endangered North Atlantic right whale
(Eubalaena glacialis).
DATES: Information and comments must be received by June 2, 2026.
ADDRESSES: You may submit comments via the Federal e-rulemaking Portal.
Visit <a href="https://www.regulations.gov">https://www.regulations.gov</a> and enter NOAA-NMFS-2026-0364 in the
search box. Click the ``Comment Now!'' icon to complete the required
fields.
All comments received are a part of the public record and will
generally be posted for public viewing on <a href="https://www.regulations.gov">https://www.regulations.gov</a>
without change. All personal identifying information (e.g., name,
address), confidential business information, or otherwise sensitive
information submitted voluntarily by the sender will be publicly
accessible. NMFS will accept anonymous comments (enter ``N/A'' in
[[Page 10581]]
the required fields if you wish to remain anonymous).
FOR FURTHER INFORMATION CONTACT: Kimberly Damon-Randall, Office of
Protected Resources, 301-427-8400, <a href="/cdn-cgi/l/email-protection#9af4fbe8edb4ecffe9e9fff6e9eee8f3f1ffdaf4f5fbfbb4fdf5ec"><span class="__cf_email__" data-cfemail="721c1300055c04170101171e0106001b1917321c1d13135c151d04">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The North Atlantic right whale is listed as endangered under the
Endangered Species Act (16 U.S.C. 1531 et seq.), with an estimated
population size of about 380 individuals at the start of 2024 (Linden,
2025). The main threats to North Atlantic right whale survival include
entanglement in fishing gear and collisions with vessels. In 2008, NMFS
implemented seasonal, mandatory vessel speed restrictions in designated
areas along the U.S. East Coast to reduce the risk of vessel collisions
with North Atlantic right whales (73 FR 60173, October 10, 2008,
``speed rule''). NMFS subsequently modified the speed rule by removing
the original 5-year ``sunset'' provision (78 FR 73726, December 9,
2013; 79 FR 34245, June 16, 2014).
The speed rule requires most vessels equal to or greater than 65
feet (19.8 m) in length to transit at speeds of 10 knots or less in
designated Seasonal Management Areas (SMAs). See 50 CFR 224.105. Along
with the speed rule, in 2008 NMFS implemented a voluntary Dynamic
Management Area (DMA) program (also referred to as Slow Zones since
2020) to enhance protections for North Atlantic right whale
aggregations that may form outside designated SMA boundaries (73 FR
60173, October 10, 2008).
Information on the speed rule and DMA/Slow Zone programs may be
found at: <a href="https://www.fisheries.noaa.gov/national/endangered-species-conservation/reducing-ship-strikes-north-atlantic-right-whales">https://www.fisheries.noaa.gov/national/endangered-species-conservation/reducing-ship-strikes-north-atlantic-right-whales</a>.
Request for Comments and Other Information
NMFS requests information to inform a possible deregulatory-focused
modernization of the speed rule and the development of alternative
vessel strike-reduction programs. The agency intends to craft durable
programs that consider both conservation and the economic vitality of
coastal communities. To this end, we specifically seek information
concerning the following topics.
The Effectiveness of Technologies to Reduce Vessel Strikes with
Whales: NMFS supports the development and use of technologies,
engineering approaches, and other advanced tools to reduce the risk of
vessel strikes with large whales. As part of an ongoing partnership
with The MITRE Corporation, NMFS recently released a Technology
Readiness Level (TRL) report, which assesses the maturity level (i.e.,
research and development stage) of certain technologies in relation to
vessel collision avoidance. MITRE's report may be accessed at <a href="https://www.fisheries.noaa.gov/s3/2026-02/Vessel-Strike-Risk-Reduction-TRLReport.pdf">https://www.fisheries.noaa.gov/s3/2026-02/Vessel-Strike-Risk-Reduction-TRLReport.pdf</a>. NMFS seeks comment, especially technical information, on
the readiness of technologies to effectively reduce vessel strikes,
following the TRL framework as applied in the MITRE report (e.g., table
2-2). In addition, NMFS seeks data on available and upcoming
technologies, engineering approaches, onboard vessel adaptation
capabilities, and other relevant practices/protocols, with a particular
interest in the capacity of these approaches to trigger automated,
real-time DMA/Slow Zone notifications that could replace static
seasonal measures.
Vessel-size-specific Risk Assessment: NMFS seeks scientific and
commercial data and/or analysis distinguishing the strike risk posed by
various vessel size classes, including comparing the draft and
maneuverability of smaller recreational vessels versus large ocean-
going ships and how those factors affect strike risk.
Alternative Management Areas: NMFS seeks information on using
dynamic approaches for speed zones based on whale detections
(sightings, acoustic or other forms of detection) communicated to
mariners via real-time electronic notification as a primary management
tool in place of static SMAs. NMFS also welcomes perspectives from
impacted parties on the use of voluntary DMAs/Slow Zones and the
effectiveness of these temporary zones.
Safety Deviation Provision Improvements: NMFS seeks recommendations
for updating the speed rule safety deviation provision (50 CFR
224.105(c)) to provide greater flexibility for vessel operators. We
welcome information regarding potential safety risks (e.g., swamping,
capsizing, or loss of steerage) of a 10-knot speed limit on smaller
vessels in open ocean conditions or adverse weather.
Efficacy of the Speed Rule: NMFS seeks comments assessing the
effectiveness of the speed rule in reducing the risk of vessel strikes
with right whales, and input on vessel compliance with the speed rule.
We further seek suggestions on technological interventions that could
improve these results relative to the current speed rule.
Economic Impacts on Industry: NMFS seeks quantifiable data on the
economic consequences of the speed rule, especially where it may have
impacted operations for shipping, fishing, tourism, or other
industries. NMFS also seeks relevant information that informs potential
economic impacts of technology adoption, including technologies
discussed in the MITRE report, and other relevant technologies. This
includes but is not limited to information about the impacts of the
speed rule on small businesses and small governmental entities.
Furthermore, we seek data on the economic and safety benefits of
maintaining the current regulated vessel size threshold at 65 feet
(19.8 m) relative to a less restrictive threshold. In addition, NMFS
seeks comment on how a revised speed rule safety deviation provision
may affect costs to industry.
Outreach: NMFS seeks information regarding successful models for
mariner outreach and collaborative monitoring programs that incentivize
voluntary strike avoidance through technology, education, and private
sector partnerships.
References
Linden D., 2025. Population size estimation of North Atlantic right
whales from 1990-2024. US Dept Commerce Northeast Fish Sci Cent Tech
Memo 338. 14 p.
Authority: 16 U.S.C. 1531-1543 and 16 U.S.C. 1361 et seq.
Dated: February 27, 2026.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2026-04260 Filed 3-3-26; 8:45 am]
BILLING CODE 3510-22-P
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