Article & Picture courtesy APA
New vessel speed limit rules aimed at protecting right whales will increase pilot fatigue and harm East Coast supply chains, the APA argues.
It has been nearly two years since the National Oceanic and Atmospheric Administration (NOAA) proposed radical changes to the existing North Atlantic right whale vessel speed regulations. During this time, the American Pilots’ Association (APA) has warned that the proposal will have the unintended consequences of endangering lives, increasing fatigue, negatively impacting navigation safety and weakening the maritime supply chain. We have penned op-eds, submitted comments to the agency, taken its officials on pilotage assignments to show the “real world” negative impacts of their proposal, engaged the U.S. Coast Guard, briefed members of Congress, testified at congressional hearings, advocated for legislative remedies and briefed the White House Office of Management and Budget. During these engagements, our message has been clear: “Pilots share NOAA’s goal of protecting the North Atlantic right whale, but this is the wrong approach.”
Does the fact that NOAA published its proposed rule in August 2022 but has yet to issue a final rule indicate it is taking APA’s warnings to heart? We can only hope.
NOAA proposed three changes to the existing vessel speed regulations. All cause us great concern. First, the proposal would apply the seasonal speed regulations to vessels 35 feet and longer, (the rule currently applies to vessels 65 feet and longer), which would capture all offshore pilot boats. Second, NOAA’s proposal would double the size of speed restriction areas, blanketing the East Coast and including offshore federal navigation channels with seasonal speed zones. Third, the proposal would dramatically alter the navigation safety “deviation clause” — which allows vessels to exceed 10 knots if safety dictates.
The APA opposes these changes because applying speed restrictions to pilot boats and expanding seasonal speed zones would increase the dangers faced by pilots and pilot boat crews, invite fatigue, reduce safety in federal navigation channels and negatively impact East Coast port operations.
Pilot safety
Plain and simple, applying vessel speed regulations to pilot boats threatens the lives of pilots during operations when pilots transfer between a pilot boat and a larger vessel. These operations are inherently dangerous. Eight American pilots have been killed during transfer operations since 2006. This proposal would make transfers even more dangerous as it would force both pilot boats and commercial vessels to operate outside of ideal safety parameters.
Pilot boats must routinely operate among swirling winds and currents to deliver pilots to waiting commercial vessels that are often great distances from shore. Pilot boats must approach moving vessels at speeds precisely calculated to bring the boat alongside the ship at the best angle and moment to facilitate what is, even in benign conditions, a dangerous operation. Once alongside, pilot boat operators must use sufficient speed to provide a stable platform so the pilot can safely transfer.
It is not an option for pilots to use boats shorter than 35 feet. It would be unsafe to venture 10-20 miles offshore in such small vessels, especially in the harsh winter months when the seasonal speed restrictions are in place.
Pilot and pilot boat operator fatigue
Pilot boats are designed so as not to subject pilots and boat crews to long, pounding transits that would significantly add to workload and fatigue levels. If pilot boats are limited to speeds less than 10 knots, it would triple transit times and dramatically introduce fatigue at the times pilots are guiding large vessels in the confined waterways with a small margin of error given the restricted navigation and increased vessel traffic.
Fatigue has been cited by the Coast Guard and the National Transportation Safety Board as a principal factor that can negatively impact mariner well-being, maritime operations and navigation safety.
Navigation safety in federal navigation channels
The maneuverability of large, deep-draft vessels is already restricted by the depths and widths in federal channels. The proposed vessel speed regulations would compound the dangers of navigating these vessels by limiting the ability of pilots to use necessary speed to maintain safe navigation in these waters.
The high winds and currents prevalent in the winter months when the vessel speed regulations are in place are usually perpendicular to the federal channels, which demand an increase in speed to keep vessels on track. It is in these channels where a pilot may find it necessary to quickly increase speed — anywhere from 12 to 16 knots — to combat the lateral forces of winds and currents to keep the vessel safely in the channels.
The proposal to apply vessel speed regulations to large vessels operating in federal channels is dangerous because limiting a pilot’s ship-handling options when trying to conn large vessels in narrow waterways would jeopardize navigational safety.
In its proposal, NOAA criminalizes real-time safety decisions that masters and pilots must make when it states that, “it is unlawful…to commit, to attempt to commit, to solicit another to commit, or to cause to be committed any speed violation.” This emphasis on criminality will strain the master-pilot relationship at a time when pilots are considering whether to increase speed to keep large vessels safely in the navigation channels to avoid groundings, collisions or allisions.
Negative impact on East Coast port operations
The application of vessel speed limits to pilot boats and limiting pilots’ ability to transit at speeds needed to maximize safety will cause shipping delays and have dramatic negative impacts on port efficiency. With pilot boats forced to operate at suboptimal speeds, the vessels that feed the East Coast supply chain will spend additional time waiting for pilots. In addition, if pilots cannot operate vessels at optimal safe speeds, pilots may have to impose restrictions when vessel speed regulations are in place, such as daylight-only transits and one-way traffic. These measures will harm port efficiency and the efficient flow of maritime commerce.
APA’s recommendations to NOAA
APA’s written comments to NOAA explain our concerns in detail and make recommendations. These include:
New vessel speed limit rules aimed at protecting right whales will increase pilot fatigue and harm East Coast supply chains, the APA argues.
It has been nearly two years since the National Oceanic and Atmospheric Administration (NOAA) proposed radical changes to the existing North Atlantic right whale vessel speed regulations. During this time, the American Pilots’ Association (APA) has warned that the proposal will have the unintended consequences of endangering lives, increasing fatigue, negatively impacting navigation safety and weakening the maritime supply chain. We have penned op-eds, submitted comments to the agency, taken its officials on pilotage assignments to show the “real world” negative impacts of their proposal, engaged the U.S. Coast Guard, briefed members of Congress, testified at congressional hearings, advocated for legislative remedies and briefed the White House Office of Management and Budget. During these engagements, our message has been clear: “Pilots share NOAA’s goal of protecting the North Atlantic right whale, but this is the wrong approach.”
Does the fact that NOAA published its proposed rule in August 2022 but has yet to issue a final rule indicate it is taking APA’s warnings to heart? We can only hope.
NOAA proposed three changes to the existing vessel speed regulations. All cause us great concern. First, the proposal would apply the seasonal speed regulations to vessels 35 feet and longer, (the rule currently applies to vessels 65 feet and longer), which would capture all offshore pilot boats. Second, NOAA’s proposal would double the size of speed restriction areas, blanketing the East Coast and including offshore federal navigation channels with seasonal speed zones. Third, the proposal would dramatically alter the navigation safety “deviation clause” — which allows vessels to exceed 10 knots if safety dictates.
The APA opposes these changes because applying speed restrictions to pilot boats and expanding seasonal speed zones would increase the dangers faced by pilots and pilot boat crews, invite fatigue, reduce safety in federal navigation channels and negatively impact East Coast port operations.
Pilot safety
Plain and simple, applying vessel speed regulations to pilot boats threatens the lives of pilots during operations when pilots transfer between a pilot boat and a larger vessel. These operations are inherently dangerous. Eight American pilots have been killed during transfer operations since 2006. This proposal would make transfers even more dangerous as it would force both pilot boats and commercial vessels to operate outside of ideal safety parameters.
Pilot boats must routinely operate among swirling winds and currents to deliver pilots to waiting commercial vessels that are often great distances from shore. Pilot boats must approach moving vessels at speeds precisely calculated to bring the boat alongside the ship at the best angle and moment to facilitate what is, even in benign conditions, a dangerous operation. Once alongside, pilot boat operators must use sufficient speed to provide a stable platform so the pilot can safely transfer.
It is not an option for pilots to use boats shorter than 35 feet. It would be unsafe to venture 10-20 miles offshore in such small vessels, especially in the harsh winter months when the seasonal speed restrictions are in place.
Pilot and pilot boat operator fatigue
Pilot boats are designed so as not to subject pilots and boat crews to long, pounding transits that would significantly add to workload and fatigue levels. If pilot boats are limited to speeds less than 10 knots, it would triple transit times and dramatically introduce fatigue at the times pilots are guiding large vessels in the confined waterways with a small margin of error given the restricted navigation and increased vessel traffic.
Fatigue has been cited by the Coast Guard and the National Transportation Safety Board as a principal factor that can negatively impact mariner well-being, maritime operations and navigation safety.
Navigation safety in federal navigation channels
The maneuverability of large, deep-draft vessels is already restricted by the depths and widths in federal channels. The proposed vessel speed regulations would compound the dangers of navigating these vessels by limiting the ability of pilots to use necessary speed to maintain safe navigation in these waters.
The high winds and currents prevalent in the winter months when the vessel speed regulations are in place are usually perpendicular to the federal channels, which demand an increase in speed to keep vessels on track. It is in these channels where a pilot may find it necessary to quickly increase speed — anywhere from 12 to 16 knots — to combat the lateral forces of winds and currents to keep the vessel safely in the channels.
The proposal to apply vessel speed regulations to large vessels operating in federal channels is dangerous because limiting a pilot’s ship-handling options when trying to conn large vessels in narrow waterways would jeopardize navigational safety.
In its proposal, NOAA criminalizes real-time safety decisions that masters and pilots must make when it states that, “it is unlawful…to commit, to attempt to commit, to solicit another to commit, or to cause to be committed any speed violation.” This emphasis on criminality will strain the master-pilot relationship at a time when pilots are considering whether to increase speed to keep large vessels safely in the navigation channels to avoid groundings, collisions or allisions.
Negative impact on East Coast port operations
The application of vessel speed limits to pilot boats and limiting pilots’ ability to transit at speeds needed to maximize safety will cause shipping delays and have dramatic negative impacts on port efficiency. With pilot boats forced to operate at suboptimal speeds, the vessels that feed the East Coast supply chain will spend additional time waiting for pilots. In addition, if pilots cannot operate vessels at optimal safe speeds, pilots may have to impose restrictions when vessel speed regulations are in place, such as daylight-only transits and one-way traffic. These measures will harm port efficiency and the efficient flow of maritime commerce.
APA’s recommendations to NOAA
APA’s written comments to NOAA explain our concerns in detail and make recommendations. These include:
- Exempting pilot boats from vessel speed regulations.
- Excluding from vessel speed regulations deep-draft vessels that are restricted by draft while operating in federal navigation channels.
- Retaining the current navigation safety deviation clause.
- Utilizing technology to establish targeted North Atlantic right whale protective measures.
Exempting pilot boats from the vessel speed limits would exclude fewer than 25 of the 16,000 small boats NOAA estimates would be covered by the amended regulations. The agency has conceded there has never been a confirmed right whale strike by a pilot boat. Similarly, regarding excluding deep-draft vessels operating in federal navigation channels, NOAA says it is not aware of a right whale strike by a piloted vessel in a federal navigation channel. It is not surprising that pilot boats and piloted vessels do not strike right whales since pilots and pilot boat operators are the best trained and most attentive mariners in the world.
Finally, our organization urged NOAA to utilize technology to track North Atlantic right whales, which would allow the agency to use more limited and targeted protective measures. These technological alternatives, coupled with the exemption of pilot vessels and deep-draft vessels operating in federal navigation channels, are appropriate given the significant impacts to human life, navigation safety and supply chains.
Will NOAA heed our warnings or plow ahead with these misguided and ill-informed proposals? We should find out soon. •
Clay Diamond is executive director and general counsel of the American Pilots’ Association.
Finally, our organization urged NOAA to utilize technology to track North Atlantic right whales, which would allow the agency to use more limited and targeted protective measures. These technological alternatives, coupled with the exemption of pilot vessels and deep-draft vessels operating in federal navigation channels, are appropriate given the significant impacts to human life, navigation safety and supply chains.
Will NOAA heed our warnings or plow ahead with these misguided and ill-informed proposals? We should find out soon. •
Clay Diamond is executive director and general counsel of the American Pilots’ Association.
