By David Pendered

Jan 20 – The Biden administration’s plan to preserve North American right whales was withdrawn because officials couldn’t made a decision during the past two-plus years, federal records show.

The proposal was to expand the scope of speed limits in areas traversed by right whales. The plan drew fire from stakeholders including recreational boaters, whose speed would be restricted for the first time, along with the merchant fleet and the vessels that serve them.

The withdrawal drew fire from Oceana, a global advocacy organization with a long record of efforts to protect North Atlantic right whales. Oceana spotted the withdrawal notice posted in the Federal Register and released a statement in which Oceana Campaign Director Gib Brogan observed:

• “Bureaucracy at its finest: While we waited over two years for a decision on the vessel strike reduction rule, our East Coast has become a graveyard for North Atlantic right whales.
• “North Atlantic right whales don’t belong on our beaches, and they don’t deserve to die because of political incompetence and a blatant disregard for science-backed solutions. We hate to state the obvious but, we need a solution, and we need it now. It’s our sincere hope that the new administration does not want the first large whale to go extinct in centuries in U.S. waters because of federal red tape.
• “The Trump administration must find a solution that keeps fisheries on the water, sustains the marine economy, and supports the recovery of the North Atlantic right whale.”

The public submitted 90,092 comments on the proposed rule during the two-month comment period that ended Sept. 30, 2022. Since that time, the administration has not been able to reach a decision, according to a withdrawal notice posted Jan. 16 on the Federal Registry, the daily journal of the U.S. government.

Here’s a snippet from the withdrawal notice posted by the Commerce Department, NOAA and National Marine Fisheries Service:

• “Despite its best efforts, NMFS does not have sufficient time to finalize this regulation in this Administration due to the scope and volume of public comments. NMFS hereby withdraws the August 2022 proposed rule and terminates this rulemaking proceeding….
• “Withdrawal of the proposed rule does not preclude NMFS from taking future action, including but not limited to initiating a new rulemaking, to address ongoing lethal right whale vessel strikes. If, in the future, NMFS decides it is appropriate to issue regulations on this topic, NMFS will do so via a new rulemaking….”

The species has dwindled to about 370 animals, including about 70 reproductively active females, according to NOAA. That’s down from a recent estimated peak of 477 in 2010 and prompted NOAA to declare the species in a Dec. 20 statement as “approaching extinction.”

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