NMMA Applauds Senators Manchin and Graham for Introducing Legislation that Pushes Back Against the NOAA Vessel Speed Regulation

Aug 5, 2024 - Following the introduction of the bipartisan Protecting Whales, Human Safety, and the Economy Act of 2024, sponsored by Senator Joe Manchin (I-WV) and Lindsey Graham (R-SC), the National Marine Manufacturers Association (NMMA) released the following statement:

"With this bipartisan legislation, Senators Manchin and Graham are leading the way to protect marine life, boater safety, the livelihoods of thousands of Americans, and the economic prosperity of our coastal economies," said Frank Hugelmeyer, President and CEO of the National Marine Manufacturers Association (NMMA). "We know that advanced marine technology, not NOAA's ill-conceived and dangerous vessel speed rule, is the most effective way to protect endangered species like the North Atlantic right whale. We thank Senators Manchin and Graham for introducing legislation that will provide critical investments toward these marine technologies and for championing a thoughtful, bipartisan approach to addressing this conservation challenge."

The introduction of Protecting Whales, Human Safety, and the Economy Act of 2024 comes after Senator Manchin voted against the fiscal year (FY) 2025 Commerce, Justice, & Science (CJS) spending bill, saying he"…Could not in good conscience support the bill because of the grave concerns I still have with NOAA's proposed Vessel Speed Rule."

The Senate legislation complements H.R. 8704, legislation sponsored by Reps. Mary Peltola (D-AK) and Buddy Carter (R-GA), which was recently consideredby the House Committee on Natural Resources.

Recreational boating generates $230 billion in economic impact and supports more than 812,000 jobs across the U.S. Since the economically destructive NOAA rule was first proposed, NMMA has warned the administration and members of Congress that coastal communities, local businesses, and hardworking American families will be impacted by this rule. In addition to the debilitating economic impact the rule will have on small American businesses, the rule threatens boater safety and raises serious questions as to whether NOAA did its due diligence when writing the rule considering multiple marine technologies exist to detect marine life and avoid vessel strikes.

NMMA has continued to call on the administration to withdraw this ruleand instead use advanced marine technologies that exist today as an alternative conservation management solution for the North Atlantic right whale population.

With the White House recently releasing their unified regulatory agenda that lists the NOAA rule to be finalized in November, charter boat captains and industry experts continue to speak out against the rule.

On August 2, NMMA President and CEO Frank Hugelmeyer joined Fox News to discuss the NOAA vessel speed rule, in which he said, "If this rule becomes law, it's going to be devastating to the marine industry."

In a June 28 op-edin The Washington Post, Hugelmeyer wrote:

"If NOAA had reached out to us, they would have found that because we care so deeply about the North Atlantic right whale and all marine life, recreational boating technology already exists to help solve this conservation challenge. In fact, there is a taskforce of recreational boating industry representatives and marine technology experts that identifies, tests and deploys technology to lessen the risk of vessel strikes. In February, the National Marine Manufacturers Association (NMMA) hosted the NOAA Fisheries' assistant administrator at the Discover Boating Miami International Boat Showto see firsthand the advanced marine technologies available. In April, NMMA and our partners brought these technologies to Congress at our Marine Technology Showcaseon Capitol Hill."

In a June 6 op-ed in the South CarolinaPost and Courier, Tommy Hancock, the owner and founder of Sportsman Boats, highlights how the proposed vessel speed rule could significantly impact boaters and businesses in South Carolina. He writes:

"The fallout from this misguided rule would be catastrophic. It threatens not only recreational boating and fishing but also jobs and entire business sectors dependent on our Atlantic access, from fisheries to coastal tourism and aquaculture. South Carolina's economy cannot afford this ill-conceived intervention. My company, Sportsman Boats, employs more than 450 people, a small fraction of the jobs statewide that could be affected."

In a letter to the editor in The Washington Post on May 30, Callie Hoyt, NMMA vice president of government relations, writes:

"The May 11 Climate Lab analysis, 'Bishop vanished. His species can still be saved.' omits the critical role technology can play in protecting the endangered North Atlantic right whale population. Boaters are lovers of marine life who want to see our saltwater and freshwater life flourish. We also want to ensure boaters remain safe on the water, and we want local businesses that depend on boating to continue to thrive. That is why the recreational boating and fishing industries have invested so heavily in technological advancements that protect marine life, boater safety and coastal economies."

In an opinion piece published in The Carolina Journal, North Carolina charter boat captain Dave Tilley illuminated the serious safety concerns posed by the rule, writing:

"Even considering all of the problems this rule would pose for businesses, my biggest concern is that it would make boating less safe. Most of the small boats that would be impacted by this rule are not designed to operate at such low speeds, particularly during high winds and choppy waters. Without the necessary flexibility that boaters need to navigate rough conditions, their boats are at significant risk of capsizing - particularly worrisome given that many of these boats are family-owned."

Speaking to USA Today, NMMA President and CEO Frank Hugelmeyer said the rule would be an "economic catastrophe" for coastal communities and explained that "You don't have to do a blanket approach across the entire Atlantic to protect this species. Technology is the answer to this problem."

South Carolina Boating and Fishing Alliance CEO Gettys Brannon explained the ineffectiveness of the rule to WCSC TV, saying "When you have a better chance of being struck by lightning than hitting one of the whales, in our opinion this rule is an incredible bureaucratic overreach."

In a letter to the editors of The Falmouth Enterprise, Massachusetts Marine Trades Association executive director Randall Lyons wrote about the economic impacts of the rule: "The expanded vessel speed rule would be devastating for Massachusetts' economy as a whole-not just a select few charter boat and ferry companies. This rule would put more than 17,000 jobs and 1,000 businesses in Massachusetts at risk-charter boat and ferry businesses, yes, but also hotels, fisheries, restaurants, bait and tackle shops, marinas and any business connected to the coastal tourism industry."

And in an article written in the Asbury Park Press, New Jersey charter boat captain Fred Gamboa and director of government affairs and sustainability for Viking Yachts John Depersenaire encouraged NOAA to go back to the drawing board and work with the industry to find a more effective, technology-based plan for protecting the right whale: "As it is, they're basing it all on one tool - vessel speed - and it doesn't acknowledge all the different vessel capabilities," said Depersenaire.

These are just some of the many voices that NMMA and its partners within the industry continue to hear from - and more continue to raise their voices as they hear about the ill-conceived rule.

All who are impacted by this rule are encouraged to contact their member of Congress by going to Boating United: https://www.boatingunited.org/take-action/congress-protect-boaters-speed-restrictions/

Learn more about the rule at https://www.nmma.org/advocacy/noaa.

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