b'Also of possible consequence for some PVA op- A coalition of environmental groups has beenwhalethe Endangered Species Act and the erators, the proposed rule creates a category calledpushing NOAA for years to toughen the vesselMarine Mammal Protection Act.dynamic speed zones (DSZ). A vessel speed lim- speed limit requirements. On two occasions, le-it of 10 knots will be in force within such zonegal petitions have been filed requesting the agen- More information on the proposed rule, in-whenever it is declared. A dynamic speed zone iscy to act, but to no effect. In January 2021, thecluding its text, can be found here. Comments to be designated by NOAA whenever a group ofgroups filed suit in federal court alleging that theon the proposed rule can be submitted until three right whales or more is observed visually oragency had failed to respond to the petitions inSept. 30, 2022. when a single right whale is detected by acoustica timely way and seeking an order to NOAA to monitoring. A zone will be in effect for at least 10initiate rulemaking. That lawsuit is still pending. Anotherregulationthathasbeeninplace days. Notice of a designated dynamic speed zonefor years requires that a vessel stay 500 yards is to be disseminated to the maritime commu- NOAAs legal authority for the vessel speedawayfromaNorthAtlanticrightwhale nity by means such as U.S. Coast Guard Noticelimit requirement derives from two separate(section224.103(c))oftitle50Codeof to Mariners and NOAA weather radio. Such alawsthatprotecttheNorthAtlanticrightFederal Regulations).zone can be anywhere within the U.S. East Coast Exclusive Economic Zone (EEZ), which extends 200 miles from the shoreline, although not with-in the area of a seasonal speed zone (SSZ) when it is in effect. Existing NOAA policy has been to declare temporary dynamic management areas when aggregations of whales are detected outside of the seasonal management areas, but in these temporaryzones,vesselsareencouraged,but not mandated, to adhere to speeds of 10 knots or less. This portion of the proposed rule will A dynamic speed zone is to be designatedby NOAA whenever a group of three right whales or more is observed visuallyaffect PVA members that operate whale-watch-ing cruises or fishing charters into the Atlantic Ocean, particularly because NOAA will apply the new rule to smaller vessels, those between 35 and 65 feet in length.The proposed rule retains a safety exemption, to be invoked by the pilot on board or by the master is there is no pilot: A vessel may oper-ate at a speed in excess of 10 knots (5.1 m/s) in an active designated SSZ or DSZ only if: (1) justified because of an emergency situation that presents a threat to the health, safety, or life of a person; (2) necessary to maintain safe maneuvering speed and justified because the vessel is in an area where oceanographic, hy-drographic, and/or meteorological conditions severely restrict the maneuverability of the ves-sel However, a new provision will require the pilot or master to file a report within 48 hours of invoking the exemption.25 AUGUST 2022'