[March 4, 2026] Today, the Southeastern Legal Foundation (SLF) is applauding the National Marine Fisheries Service (NMFS) at National Oceanic and Atmospheric Administration (NOAA) for the public notice released today about their plan to amend the 2008 federal NOAA regulation on boat speed issued by NMFS under the guise of saving whales.

SLF President Kim Hermann said, “We are pleased to see NMFS announcing plans to roll back their unconstitutional 2008 Vessel Speed Rule. While the conservation of whales is a noble pursuit, Obama’s unconstitutional speed rule crippled the US boating industry and those who make a livelihood out of taking tourists and visitors for boating and fishing trips. Federally forcing them to move through the water at speeds slower than a school zone under the threat of criminal penalty was plainly unconstitutional and wrong.”

Hermann concluded, “This Obama Administration rule killed American jobs under the guise of saving whales. It was an over-reach from the start and the Trump Administration’s signal to change it is a great victory for American businesses all along the coast, as well as boat owners and boat manufacturers.”

On March 4th, NMFS announced that they are officially considering possible deregulatory action to “modify and modernize the North Atlantic Right Whale Vessel Speed Rule.” This would change the federal government’s 2008 rule that allowed criminal penalties against boats over 65-feet-long travelling more than 10 knots.