CONTACT YOUR LOCAL CONGRESSMAN: 

 

https://www.boatingunited.org/take-action/congress-protect-boaters-speed-restrictions/?

 

Summary

 

In this conversation, Katie C. Sawyer and John DePersenaire discuss the proposed rule for the North Atlantic right whale situation and its implications for boaters and seaboard communities. They highlight the importance of speed for recreational fishermen and the economic impact of the proposed rule. They also emphasize the need for collaboration and the use of technology to address the issue. The regulatory process and timeline are also discussed. The conversation discusses the dual path process of rulemaking, with an interagency review and a public side. The role of the Office of Information and Regulatory Affairs (OIRA) is explained, along with the challenges of the public not being aware of any changes made to the rule. The formation and work of the Whale and Vessel Safety Task Force is highlighted. The current stage of the rule being in OIRA's hands is discussed, along with the strategy for the ongoing public comment period. The involvement of the Small Business Administration and the importance of a comprehensive approach are emphasized. The potential of recreational anglers as an untapped resource is mentioned, and a call to action is made to reach out to local congressmen and participate in the Boating United action alert.

 

Takeaways

 

• The proposed rule for the North Atlantic right whale situation has significant implications for fishermen, including economic impact and access to fisheries.


• Speed is essential for fishermen to reach fishing grounds and maximize their trips, and the proposed rule would greatly restrict their ability to do so.


• Collaboration and the use of technology, such as artificial intelligence and marine electronics, can help reduce the risk of vessel strikes on whales.


• The regulatory process for the proposed rule involves public comments and review by various agencies, with the final decision taking into account economic impacts and other factors. The rulemaking process involves both an interagency review and a public side, with the Office of Information and Regulatory Affairs (OIRA) playing a key role.


• The public is not made aware of any changes made to the rule during the interagency review, creating uncertainty.


• The Whale and Vessel Safety Task Force is working on a comprehensive approach to reduce vessel strike risk and protect North Atlantic right whales.


• The current stage of the rule is in OIRA's hands, and there is an ongoing public comment period.a


• The involvement of the Small Business Administration and the need for a balanced approach that considers both industry needs and whale protection are important.


• Recreational anglers have the potential to contribute valuable information and technology to mitigate the risk of vessel strikes.

 

Transcript

 

Katie (01:42 .718)

What's up, you guys? Welcome to the Katie C. Sawyer podcast. I'm sitting down with John DePerson here today. John, tell us a little bit about yourself and who you are.

John DePersenaire (02:26 .149)

Yeah, sure. Thank you, Katie. And thanks for having me on. So my name is John DePersonere and I'm the Director of Government Affairs.

So that's a really broad title and it really encompasses a lot of different aspects of my portfolio of work. So obviously things like regulatory issues, government affairs issues, things that have to do with either regulatory or legislation that impacts us as a manufacturer in the marine industry, but also how our customers use the boats. So like fisheries management, that's all really important part of that.

as well, but also then on the sustainability side, looking at things like efficiency, looking at our energy use, looking at our waste stream, all those sort of things, supporting efforts to support fish habitat and some other projects that we're doing. So it's a really broad scope of work and it's really, really interesting.

Katie (03:23 .458)

That's awesome. That's a huge responsibility on your end. And like you said, broad. Before I started fishing, I was working, not even close, but I was working as director of environmental health and safety for an oil and gas company. And it's just like there's like this entire channel of products that you're supposed to manage. And you're like, I like this is so, so broad. But that's amazing. I'm really, really honored to be sitting with you here today. Thank you so much for giving your time. I really want to jump into what's going on.

on right now with the North Atlantic right whale situation and the proposed rule that was set forth in August of 2022 and how that's affected us and what we can see moving forward. So can you just give us a little bit of a status on what's going on with the right whales and what the what rule was proposed as a reaction of that?

John DePersenaire (04:17 .536)

Yeah, so, you know, this is an issue the industry has really been following carefully for the past year and a half now. And as you said, you know, this proposed rule came out in August of 2022, and it was driven by NOAA. So NOAA has a an office within it's called the Office of Protective Resources. And their job is to carry out and implement.

the mandates of the Marine Mammal Protection Act and the Endangered Species Act. So with North Atlantic right whales, they are, there's no question that they are in pretty serious, dire concern in terms of a population size. And just, you know, recognizing the history of that species, it really was one of the targeted, most targeted species in commercial whaling for centuries, which really-

drove down the population, but also imposed some sort of ecological constraints, which just made it much harder to rebuild when commercial whaling stops. So like when you fish a, or not even fish, but when you hunt a population down that low, you start to have genetic issues. And we see that like with, you know, upland hunting and things like that, you try to manage for a strong gene stock. And so that was one of the constraints. So that like, you know, if you look at

reproductive output for North Atlantic right whales, it has been trailing off. And so it just makes it that much harder to rebuild. So they know the two main sources of mortality for North Atlantic right whales are entanglement with fishing gear, mostly lobster pots up in Massachusetts and North and also up in Canada where they spend their summers and vessel strikes. And so NOAA has been trying to...

up with management measures that addressed those two sources of mortality. And so the rule that came out in August, that was directed towards the latter, that was directed towards reducing risk of vessel strikes. And what that did was it expanded upon an existing rule that was in place starting in 2008. And what it did was it dropped the size class of vessel that would be subject to vessel speed rules. It expanded the areas that would be subject to the seasonal management areas.

John DePersenaire (06:39 .036)

And it also expanded the vessels. So it dropped it down from 65 and above down to 35 feet and above. And so what that really did was originally the 2008 rule was really focused more on the ocean-going vessels, so like the container ships, the tankers, some of those really high displacement, high tonnage boats. It also captured some of the recreational fleet as well.

but the intent was really the bigger ocean growing vessels. And so this step now starts to bring in a massively different segment of the fleet now. And you're starting to bring in center consoles and a whole bunch of boats that have probably never even seen a North Atlantic right whale. And so this is all about reducing risk. And this is what is somewhat different than what we typically deal with fisheries management.

Katie, I know you're really versed on highly migratory species, you know, and so a lot of times we're dealing with, you know, quota setting and, you know, really specific percent reductions, trying to get to a sustainable biomass and things like that. So we can tailor regulations based on that percent reduction we have to achieve. This is a little bit more nebulous in the sense that we don't actually have that number that we need to reduce risk by. And so that's a really challenging thing.

for us to look at. And so we're just not versed in trying to figure out how we come up with a solution to that. And so when we first saw the rule, we're like, oh my God, this is gonna impact a vast number of boats. For a lot of people, it's gonna go into effect November 1st and last through the end of May. So those are really, really important times of year for up and down the coast now. I mean, as you know, like we have some of the best tuna fishing off of...

New York and New Jersey now in November and December, which is crazy to think, but I mean, it's just, those are no longer months when people have their boat out of the water and up on the hard for the winter. It's, you know, we're fishing all the way through January. And so that becomes a real, real big impact. Also guys that move their boats from say our area down to South Florida in the fall, you know, they're gonna be subject to this. And so what, you know, typically is a...

John DePersenaire (09:02 .128)

know, two, three day trip now becomes something massively different when you're going 10 knots. And so there's all sort of implications that we have to think about in terms of impacts of this. But one o