Carter testifies on updated bill protecting boaters, harbor pilots from unworkable speed restrictions

WASHINGTON, D.C. - Rep. Earl L. "Buddy" Carter (R-GA) today testified before the House Natural Resources Committee in favor of his bipartisan bill to delay funding for the National Oceanic and Atmospheric Administration's (NOAA) proposed jobs-killing, dangerous speed restrictions for boats 35' to 65' until the Department of Commerce can fully implement new monitoring systems for North Atlantic right whales.

H.R. 8704 comes after boaters, harbor pilots, and business owners raised concerns that the new safety regulations, nobly designed to protect the right whale from extinction, will pose safety risks for commercial vessels, threaten up to 340,000 American jobs, and negatively impact nearly $84 billion in economic contributions. The latest version of the bill, first introducedin June 2023 with Rep. Mary Peltola (D-AK), includes the creation of a North Atlantic right whale and Other Large Cetacean Species Grant Program to develop, assess, and carry out activities that reduce lethal and sub-lethal interactions between ocean users and North Atlantic right whales and other large cetacean species.

Read excerpts from Rep. Carter's testimony below, as prepared for delivery:

Watch Carter's full testimony here

"This bill would first and foremost stop NOAA from finalizing the expanded vessel speed restriction rule first proposed in 2022, keeping the current rules in place.

"NOAA is proposing to broaden the Atlantic right whale Strike Reduction Rule by requiring vessels 35 to 65 feet in length to maintain a speed of roughly 11.5 mph when in waters inhabited by right whales.

"The proposed rule will cause grave safety issues for recreational vessels and pilot vessels alike, as it presents a safety concern for traversing the shipping channels and safety issues at sea.

"Second, it creates a new grant program to encourage the development and deployment of technology to reduce vessel strikes of endangered species like the North Atlantic right whale.

"This is important because there are technological innovations available.

"We need to protect the right whales, but we have to balance that with public safety and the needs of our coastal shipping economy...

"Unfortunately, if this rule goes into effect, boaters who use 35' or larger vessels will simply not take fishing trips and the market will die for these kinds of vessels.

"That's why the rule threatens 27,000 direct and indirect jobs in Georgia related to recreational fishing and boating.

"I have significant concerns about how this will impact the state's recreational boating industry, which has an annual impact of $4.3 billion…

"There is bipartisan agreement that we can protect the endangered right whales without harming our ports and coastal communities.

"Harbor pilots must be considered in the crafting of this rule; I am very concerned for both their safety and the port's overall operations.

"That is why I am pleased to have my good friend Jamie McCurry from the Georgia Ports Authority here today to testify on the impact this rule can have on our nation's ports.

"The Ports of Brunswick and Savannah in my district, run by the Georgia Ports Authority, are the economic engine of the Southeast.

"The Port of Savannah is the single largest and fastest-growing container terminal in America in addition to being the second largest port on the East Coast by volume.

"Their success has translated into growth and prosperity throughout the region, and this rule directly jeopardizes that.

"Communities like ours depend on the ocean for our livelihoods."

In 2022, the National Marine Fisheries Service proposed broadening the Atlantic right whale Strike Reduction Rule by requiring vessels 35 to 65 feet in length to maintain a speed of roughly 11.5 mph when in waters inhabited by North Atlantic right whales, drawing immediate criticism from industry leaders.

"The primary purpose of harbor pilots is to protect the marine environment, including marine life, while ensuring America's critical maritime commerce moves safely and efficiently, so we appreciate the vision and leadership Rep. Carter has shown by his steadfast championing of this important legislation," said Clay Diamond, Executive Director of the American Pilots' Association."NOAA's proposal was not well thought out and would have the unintended consequences of endangering pilots and pilot boat crews, raising the likelihood of marine accidents in the entrance channels of East Coast ports, and negatively impacting the maritime supply chain that is relied upon by all Americans. This legislation would eliminate these risks by forcing NOAA to modernize its approach to its conservation efforts by focusing more on technology-based solutions."

"For over 15 years, NOAA has been on the record claiming 'use of technological solutions to minimize or eliminate a problem such as the threat of ship strikes to whales is the most desirable approach.' But we know the agency was never serious because their new rule was in final approval at the Biden White House before they ever opened a discussion on technology," said Center for Sportfishing Policy President Jeff Angers. "Representatives Carter and Peltola light the way forward while NOAA keeps its head in the sand. Technology is the solution to ensure America's boaters can coexist with large whales in our oceans, and H.R. 8704 is the pathway to get us there."

"H.R. 8704 seeks to do what NOAA should have done more than a decade ago, the development and testing of real solutions for North Atlantic right whale conservation," said Congressional Sportsmen's Foundation President and CEO, Jeff Crane. "We very much appreciate Congressional Sportsmen's Caucus Members Congressman Buddy Carter and Congresswoman Mary Peltola for introducing legislation that will do more to foster enhanced coexistence between ocean users and North Atlantic right whales than anything to date."

"On behalf of our members at the Marine Retailers Association of the Americas and the entirety of the recreational boating industry, we would like to thank Representatives Carter and Peltola for their continued leadership on this important issue and dedication to finding a solution that balances conservation of this important species and access to our nation's oceans for recreational boaters and anglers," said MRAA President Matt Gruhn. "As currently drafted, the proposed rule stands to have major negative impacts on boat retailers, and the pause in implementation put forth by this legislation is a major relief for these small businesses during an already tough year. The recreational angling and boating community stand ready to work alongside stakeholders to develop and deploy technology to help protect the North Atlantic right whale, and we again thank the representatives for their leadership on this important bipartisan legislation."

"The American Sportfishing Association (ASA) thanks Representatives Carter and Peltola for their leadership in promoting forward thinking solutions that will lead to the protection of North Atlantic right whales and support the $230 billion sportfishing and boating industry," said ASA President Glenn Hughes. "By focusing on technology solutions, we can reduce harmful interactions between whales and ocean users while also keeping anglers and boaters safe on the water."

"We applaud Representatives Carter and Peltola for continuing to champion bipartisan legislation that would protect the North Atlantic right whale, boater safety, and American jobs while providing critical investments toward marine technologies," said Frank Hugelmeyer, President and CEO of the National Marine Manufacturers Association (NMMA). "Advanced marine technologies can better protect the North Atlantic right whale than NOAA's archaic and economically damaging vessel speed rule, and this bipartisan legislation is the perfect example of members of Congress coming together to solve a conservation challenge in a thoughtful and effective way. We encourage members of Congress to send this bill to the President's desk as quickly as possible."

Cosponsors for H.R. 8704 include Reps. Mary Peltola (D-AK), Austin Scott (R-GA), Daniel Webster (R-FL), Garret Graves (R-LA), Robert Wittman (R-VA), Jennifer Kiggans (R-VA), David Rouzer (R-NC), and Russell Fry (R-SC).

Read the full bill text here.

Watch Rep. Carter's full testimony here.

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