The right whale speed rule: where it actually stands

The short version

There is no new speed rule waiting in the wings for 35 to 65 foot boats. NOAA withdrew that proposal in January 2025. This year the agency went the other way and asked whether the existing rule for larger vessels should be loosened. Nothing new has been proposed since. The 2008 rule for boats 65 feet and over is still in force.

What was withdrawn

In 2022, NOAA Fisheries proposed expanding the vessel speed rule meant to protect North Atlantic right whales. The plan would have brought most boats from 35 to 65 feet under a 10-knot limit, made the seasonal zones larger and longer, and added mandatory short-term zones wherever whales were spotted. For a lot of offshore anglers on the East Coast, that would have meant long runs at 10 knots for much of the year.

The agency received about 90,000 comments. On January 16, 2025, it formally withdrew the proposal, citing ongoing requests from the public for more chance to review and engage. NMMA, the boat builders' trade group, welcomed the withdrawal and has pushed for technology-based alternatives to speed limits.

What NOAA is considering now

On March 4, 2026, NOAA Fisheries published an advance notice of proposed rulemaking. It describes "possible deregulatory action" on the current rule. The stated aim is to replace fixed seasonal speed zones with management areas triggered by real whale detections, and with technology meant to help vessels avoid strikes.

The agency asked for data on:

  • how well detection and avoidance technology works
  • how strike risk differs between small recreational boats and large ships
  • using real-time zones instead of fixed seasonal ones
  • a wider safety exception, including the risk a 10-knot limit poses to smaller boats in rough seas
  • the economic cost of the 65-foot threshold compared with a less restrictive one

Comments closed June 2. An advance notice is the earliest step in rulemaking. It does not change any rule. NOAA would have to publish a proposed rule, take comments again and issue a final rule before anything changes. As of October 1, no proposed rule had been published.

NOAA puts the right whale population at about 380 at the start of 2024. Vessel strikes and fishing gear entanglement are the two main threats.

What applies on your boat this winter

Under 65 feet: no mandatory speed limit. NOAA asks smaller boats to slow to 10 knots voluntarily in the zones and wherever whales are reported.

65 feet and over: 10 knots or less inside Seasonal Management Areas when they are active. The dates that matter on the coast this winter:

  • New York to North Carolina, including Block Island Sound and the port approaches: November 1 to April 30
  • Southeast calving grounds, off Georgia and northeast Florida: November 15 to April 15
  • Cape Cod Bay: January 1 to May 15

Slow Zones: when right whales are seen or heard outside those areas, NOAA declares a voluntary Slow Zone for about 15 days.

What to do

  • Install the free Whale Alert app. It shows active zones and recent sightings and can alert you when you enter one.
  • Keep a lookout through the winter migration, and slow down if you see whales. Right whales are dark, have no dorsal fin, and often sit low at the surface.
  • If you run a 65-footer or bigger, log your speed through active zones. The rule is enforced.

The rule could still change. For now, the 2008 rule is the one in force.

Sources

  • federalregister.gov — Withdrawal of the 1 Aug 2022 proposed rule, effective 16 Jan 2025; existing regulations remain in effect
  • noaa.gov — 2022 proposal: expand to vessels 35-65 ft, larger and longer seasonal zones, mandatory dynamic zones
  • federalregister.gov — ANPRM 4 Mar 2026: possible deregulatory changes; comments due 2 Jun 2026; existing rule is 65 ft+, 10 knots in SMAs; population about 380 at start of 2024
  • fisheries.noaa.gov — Current rule and Seasonal Management Area dates; Slow Zones voluntary; Whale Alert app and alerts
  • nmma.org — NMMA statement on the January 2025 withdrawal
  • marlinmag.com — Recreational fishing press on the 2026 ANPRM and comment deadline

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