NMMA - National Marine Manufacturers Association Inc.
01/14/2026 | Press release | Distributed by Public on 01/14/2026 08:12
Lawsuit Challenging 2008 Vessel Speed Rule Moves through Court
Before the holiday break, the National Oceanic and Atmospheric Administration (NOAA), represented by the U.S. Department of Justice, filed a motion asking a federal judge to uphold a $15,000 fine issued for a violation of the existing North Atlantic right whale vessel speed limits - which were established in 2008. The motion was filed in a case last year by the Pacific Legal Foundation (PLF), representing Captain Gerald Eubanks, challenging a $15,000 fine issued by NOAA to Captain Eubanks for violating the 2008 North Atlantic right whale vessel speed restrictions. PLF has argued that the $15,000 fine must be set aside because NOAA does not have the statutory authority to issue broad-sweeping vessel speed restrictions in the first instance. The U.S. District Judge assigned to the case has set a hearing date for April 10.
In 2008, NOAA finalized a speed rule, establishing a 10-knot speed limit for most vessels 65 feet and longer in certain locations along the U.S. East Coast to reduce "the likelihood of deaths and serious injuries to endangered North Atlantic right whales that result from collisions with vessels." PLF argues that the fine issued to Captain Eubanks was unlawful because NOAA exceeded its authority under the Endangered Species Act and Marine Mammal Protection Act by prohibiting lawful activities such as traveling faster than 10 knots. If PLF is successful, the case could result in a recission of the 2008 vessel speed rule.
NMMA submitted robust comments late last year urging NOAA to revisit the original 2008 rule. The comments urged NOAA to partner with the recreational marine industry and invest in advanced technologies for monitoring and detection of the North Atlantic right whale rather than rely on outdated speed limits.
In 2022, NOAA proposed expanding the speed rule to include all vessels above 35 feet, up to 90 miles offshore from Florida to Massachusetts, and seven months out of the year. Ultimately, the previous administration withdrew its proposed rule in the final days of the administration in January 2025.
NMMA will continue monitoring this case as it develops. For more information, contact NMMA's Clay Crabtree, Senior Director of Public Policy, at [email protected].
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