July 25, 2024

Manchin Opposes Biden Administration’s Overreaching, Unnecessary Vessel Speed Rule

Washington, DC – Today, U.S. Senator Joe Manchin (I-WV), member of the Senate Appropriations Committee, spoke during the Senate Appropriations Committee markup hearing to oppose the National Oceanic and Atmospheric Administration’s (NOAA) proposed Vessel Speed Rule (VSR) and voted against the Fiscal Year 2025 Commerce, Justice & Science funding bill to further demonstrate his fierce opposition to the rule.

“I could not in good conscience support the bill because of the grave concerns I still have with NOAA’s proposed Vessel Speed Rule,” Senator Manchin said in part. “This rule would absolutely devastate the entire recreational boating and fishing industry. It will force vessel operators to navigate choppy waters at dangerously low speeds. And it will be economically disastrous for the communities that depend on ocean tourism.”

“It is ill-conceived and over reaching, but what’s even worse is that it isn’t the only or even the best way to protect these endangered animals. NOAA proposed the expansion of this rule without first even attempting to engage with the boating and marine technology industry. Technology exists today that could be implemented immediately to protect all marine life at risk of vessel strikes, including the North Atlantic Right Whale,” Senator Manchin continued. “With all the options available to us today, a blanket vehicle speed rule is an archaic and unsafe solution to a problem that could be addressed in a far more effective way.”

A video of Senator Manchin’s remarks is available here.

Senator Manchin’s remarks as prepared are below:

“While I appreciate CJS Subcommittee Chair Shaheen and Ranking Member Moran’s diligent efforts on this year’s CJS appropriations bill, I could not in good conscience support the bill because of the grave concerns I still have with NOAA’s proposed Vessel Speed Rule.

“In 2022, NOAA proposed a rule that would require small recreational boats between 35 and 65 feet in length to travel at speeds below 10 knots for up to seven months of the year, stretching almost the entire length of the Atlantic coast.

“NOAA claims this is the only thing that will protect the endangered North Atlantic Right Whale.

“Let me be clear: this rule would absolutely devastate the entire recreational boating and fishing industry. It will force vessel operators to navigate choppy waters at dangerously low speeds. And it will be economically disastrous for the communities that depend on ocean tourism.

“It is ill-conceived and over reaching, but what’s even worse is that it isn’t the only or even the best way to protect these endangered animals.

“NOAA proposed the expansion of this rule without first even attempting to engage with the boating and marine technology industry.

“Technology exists today that could be implemented immediately to protect all marine life at risk of vessel strikes, including the North Atlantic Right Whale.

“And this committee has acknowledged as much in the past: the Fiscal Year 2024 Commerce, Justice, Science bill, at my urging, included report language encouraging NOAA to work with industry to support the testing and evaluation of whale monitoring technologies.

“It was only 1.5 years after the rule was proposed that NOAA bothered to host its first technology workshop – in March of this year – to hear from stakeholders about the technology that already exists today to help detect and prevent vessel strikes.

“While this seemed to signal NOAA’s openness to working with industry to protect these animals, rather than against it, it quickly became clear they had no interest in taking their input into account: NOAA sent the rule to OMB the very same week of the workshop.

“With all the options available to us today, a blanket vehicle speed rule is an archaic and unsafe solution to a problem that could be addressed in a far more effective way. 

“The boating industry’s Whale and Vessel Safety Taskforce has published dozens of reports of the technologies available for deployment immediately.

“These include technology that can detect the nearby presence of whales and other marine mammals; trackers to monitor the real-time location of whales along the coast; and onboard data integrated into boats’ displays.

“Despite seeing this first-hand at the workshop, NOAA made it clear that they have no problem disregarding congressional intent in moving forward with this disastrous rule.

“So, while I appreciate the subcommittee including additional language and funding for programs exploring alternatives to a VSR, I have no faith that the agency will so much as look at their findings. 

“I call on NOAA to consider the devastating impact this rule would have on the recreational boating and fishing economy, as well as the broader coastal tourism economy and withdraw this rule immediately.”