Lawsuit challenging 2008 Vessel Speed Rule moves through court
by National Marine Manufacturers Association 15 Jan 08:46 PST
Fishing Boat © National Marine Manufacturers Association
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.
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