June 4, 2026 — The following was released by the US Small Business Administration Office of Advocacy:
On March 4, 2026, the National Marine Fisheries Service (NMFS) announced an advanced notice of proposed rulemaking (ANPRM) on modernizing the North Atlantic Right Whale Vessel Speed Rule (Vessel Speed Rule).
The Vessel Speed Rule was first implemented by NMFS in 2008. It imposes a seasonal, mandatory vessel speed limit of 10 knots on boats 65 feet or larger in designated areas along the east coast to help mitigate boat collisions with right whales.
The NFMS is now “considering possible deregulatory action to modify and modernize” the Vessel Speed Rule. Specifically, the agency seeks 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.”
Advocacy held a roundtable on the ANPRM and used the input from attendees to make recommendations on how the current Vessel Speed Rule could be improved to reduce regulatory burdens on small entities while minimizing the risk of vessel collisions with right whales. Additionally, Advocacy notes that reviewing the Vessel Speed Rule aligns with both the Regulatory Flexibility Act and recent Supreme Court precedent.