GEORGIA. [DEPARTMENT OF NATURAL RESOURCES WILDLIFE RESOURCES DIVISION MARK WILLIAMS, ‘TED WILL, COMMISSIONER DIRECTOR Ostober 31,2022 Samuel D. Rave, I Deputy Assistant Adminstrator 1315 East-West Highway Silver Spring, MD 20910 Re: Right Whale Versel Speed Regulations, NMEFS-2022-0022 Dear Mr. Rau ‘The Georgia Department of Natural Resources (GDNR) Wile Resources Division appreciates ‘the opportunity to comment on NOAA's proposed amendment to right whale vessel speed regulations, which were published in the Federal Register on August 1, 2022 (docket no. 220722-0162). Georgia's coast ies atthe heart ofthe only ealving ground forthe critically endangered Novth Atlantic right whale (NARW), For over 30 years, GDNR has worked closely with NOAA and other partners to recover right ‘whales. Those efforts contributed to two decades of slow but steady population ineease in the 1990s and 2000s, giving us much hope forthe future of the species, But over the past decade, the species has ‘experienced a rapid and unsustainable decline, due to a combination of low reproduction and high anthropogenic morality. The uderying causes of low reproduction are complex, along with the adaptive challenges NOAA faces wit reducing mortality and injury ffom fishing rope entanglements. We agree that additonal measures are needed to decrease the likelihood of « NARW vessel strike, but we cannot fully support the proposed rule as writen We have enclosed « document that oulines several elements ofthe proposal that merit further consideration, including (1) evaluation of impacts from deep vs. sallow dra vessels, (2) regional consistncy measure, and 3) enforcement and compliance. We respectfully equest that NOAA consider these comments while developing the final rule and recognize that a collaborative process wil ultimately lead to successful compliance and a long-term reduction in NARW vessel strikes. If you have any ‘questions, please contact Clay George at 912-262-3336 or clay george@dnrga.go. ‘Ted Will Enclosure ee: Doug Haymans Dr, Jon Ambrose 2067 US. HIGHWAY 278. | SOCIAL. CIRCLE, GEORGIA 3025 7068873383 | FAX 706557050 | WWW.GHORGIAWILDLIFE.COMGeorgia DNR Wildlife Resources Divison Comments on NOAA's Proposed Amendments to the Right ‘Whale Vessel Strike Reduction Rule Introduction NOAA is proposing to amend the 2008 right whale vessel strike reduction rule t further reduce risk of vessel collisions with North Atlant right whales (NARWs). Proposed changes inlude (2) expanding the boundaries of 10-knot seasonal speed zones ($823), primarly in the Mid-Atlantic and Northeast US, (2) ‘making 10-knot dynamic speed zones (0525) mandatory (they are currently voluntary), (3) reducing the ‘vessel length threshold from 65 ft 35 and (4) modifying the criteria and reporting requirements when vessel operators deviate from the rule to maintain vessel safety. Several elements of the proposal are justifiable: ‘Vessel strikes are the second most common cause of anthropogenic NARW mortality, after ‘entanglement in commercial fishing rope. + Lethal colslons attribute to vessels >65ft long appears to have decreased in US. waters since the 2008 rule, but lethal colsions with vessels <65 fe long have not (Fg 1) ‘© More lethal strikes have been observed inthe Southeast US. than other regions, and most of ‘these have involved vessels <5 f (Fi, 2). +The NARW species has declined 24% since 2011 (Hayes et al. 2022); the number of breeding females declined by 36% during the same period to an estimated 72 breeding females as of2018 (Reed etal. 2022. ‘© Signticant reductions in anthropogenic mortality wil be required to stabil the species and prevent functional extinction (Hayes etal. 2018, Linden 2021, Reed et al 2022) [NOAA estimates thatthe proposed rule could reduce NARW vessel strike mortality by 27.5% (Garrison et 2022). Unfortunately, speed and tack data are not avaliable fr most vessels <5 fin length, so these results ae probably biased. Therefor, the actual sk reduction this proposal would achieve is uncertain That said, the number of mortalities and serious injuries (MSIs from vessel strikes in U.S. waters curently exceed the legal threshold allowable under the Marine Mammal Protection Act (0.7/year, Hayes et al 2008}. And the actual number of MSis i certainly higher: Observed MSis only account for about 36% of total mortalities (Pace etal. 2021), ‘There are currently no technological solutions to prevent vessel strikes. That leaves speed reduction and vessel routing measures as the primary tools to manage whale/vesel collision risk. Because NARWS are Widely distributed along the U.S. east coast during many seasons, rerouting measures are generally not practical, We generally support NOAN's proposal to requte 10-knot speed for some classes of vessels -40 ft, + Three calsions involved vessels les than 40 ft but the outcome for the whale was unknown in eachcase, + All known vessels had inboard engines and thraugh-hul propellers, except for one 4B fk vessel that apparently had hull mounted is drives, ‘© No cases involved vessels wit outboard, inboard/outboard or jt propulsion, and + Ofthe 6 vessels we have been abl to find data for, their drafts ranged 3.3-7.4f. “The lack of Miz involving shallow daft outboard powered vessels is surprising because mort of the vessels that operate inthe Southeast US, during the NARW calving season are shallow draft, outboard Powered vessels (eg, center console, wakaround console and runabout boats; Montes 2016). Many of ‘these vessels have static draft ess than 2f, even inthe 35-45 ft length range (Fig 3) itis possible that vessels with drafts <2 ft deep would have a lower risk of collision because (1) anytime whales are deeper than 2ft below the surface, they would be unavailable tobe struc, and (2) when whales are within 1-2 ft ‘of the surface, some portion of the whale may be visible o the oncoming boat operator during daylight hours when sea conditions are good. We are not aware of any analyses or publications that have addressed this specific question in NARWS or other large whales. ‘We strongly recommend that NOMA investigate the relationship of vessel length, draft, speed, mass and population type for vessels in the <65 f class prior to implementing the new rule. In particular, NORA should assess ifa higher (eg, 20-knot) speed limit for outboard and water jet powered vessels would Feeluce collision rik compared tothe status quo. The 10-knot speed limit inthe current rule was derived ‘using data on whale colsions with ships ad large vessels (Last etal 2001, Vanderlaan and Taggart 2007) and may not accurately characterize the rik rom smaller, shallow draft vessels. There are also practical considerations ‘Vessels with planing hulls typically require speeds of “20 knots to operate efficent. A 20:knot peed limit would allow these vessels to continue operating at efficient speeds. ‘+ A 20401 speed limit would achieve significant reduction in top-end speeds, as many outboard boats are designed to operate at speeds upward of 30-40 knots. ‘+ We suspect compliance would be higher with a speed limit that allows vessels to operate efficienty Regional Consistency Measures Speed Zone Boundaries, Dates and Triggers \We recommend that NOMA eonalidate the Southeast S52, South Carolina $52 and the portions ofthe North Carolina SSZ south of Cape Hatteras into a single contiguous "Southeast S52" We also recommend ‘thatthe “Southeast S52" be active from November 15 to March 31. The occurrence of NARWs south of ‘Cape Hatteras in early November and in Allis extremely low (Roberts et al. 2022; GDN, unpublished data). Inthe rare occasions that NARW ae present in early November and Api the olson risk could bbe managed with temporary Dynamic Speed Zones (DS2s). Note this would require modifying the DSZ trigger to include mother/calf pars for waters south of Cape Hatteras. This s justifiable given the slow _wim speeds and long residency times of mother/calf pars in Southeast U.S. waters (Hain etal. 2013, keaytan 2018), 10/31/2022Georgia DNR Wildlife Resources Division Comments on NOAA's Proposed Amendments tothe Right Whale Vessel Strike Reduction Rule ‘hollow Waters in Georg and South Carolina “The western boundaries of the proposed SSZs are formed by the shoreline andl COLREGS lines. These boundaries do not accurately reflect the distribution of NARWs in Georgia and South Carolina, Most ‘waters within 1-2 nautical mils of the immediate Georgia and South Carlin coastline ae shallow and ‘are not good NARW habitat (Gowan and Ortega-Ortz 2014, Roberts etal. 2022) As such, we recommend that NOMA align the western shoreward) boundary ofthe SS withthe 3 fathom (18 ft) depth contour in Georgia and South Carolina, including adjacent portions of dredged channels, since NARWS rarely occur In these areas (see Feures 46), ‘Safety Deviations for Poor Weather ‘We recommend that NOAA add Special Marine Warnings (SMW) to the list of weather warings that ‘operators of vessels <65 ft can use to deviate from speed restrictions. NOAA's National Weather Service defines SMW as: “a warning of potentially hazardous weather conditions usualy of short duration (less than 2 hous) producing wind speeds of 34 kt or more, and/or waterspouts affecting areas included ina coastal, waters forecast” (NOAA 2022) ‘Svs occur unpredictably in Southeast coastal waters throughout the winter months. Enforcement and Compliance ‘We have significant concerns about the abilty of NOAA or other law enforcement agencies to enforce the proposed rule. At the curent time, NOAA uses Automatic Kentifcation System (AS) data to monitor complance of vessels >65 ft remotely and retroactively. However, most vessels <65 fe ae not required tocartyAlS. Those that carry AS can turn their Sonor off at anytime. The Coast Guar’ oficial stance ‘on changing AS carriage requirements: ‘Notwithstanding that the Coast Guard strongly encourages the use of AIS, we have no plans to ‘expand AIS carriage beyond our current regulation” (USCG 202). ‘without remote enforcement options successful enforcement will depend on real-time enforcement by law enforcement vessels operating on the water. It is unclear how this will work given the limited resources available, numerous consrants and the expansive area involved. We strongly recommend that NOMA work with federal and state law enforcement agencies to develop a realistic enforcement plan and, ‘raft the final rule accordingly. If enforcement i imited, compliance willbe poor and NARW collision isk will not be reduced We request clarification and supporting data regarding proposed exemptions fr all federal and federally contracted vessels under the proposed cule. Finally, we would Ike to state our postion, supported by biological data, that implementation of additional vessel speed regulations in the Southeast will be Insufficient for recovery of NARW In the absence of meaningful reductions in rope entanglement elsewhere in the range ofthis rtcally endangered species. 10/31/2022Georgia DNR Wildlife Resources Division Comments on NOAA's ‘Whale Vessel trike Reduction Rule roposed Amendments tothe Right Literature Cited Garrison, LP, Adams, J, Patterson, EIM, and Good, CP, 2022, Assessing the risk of vessel strike mortality In North Atlantic right whales along the US. East Coast, NOAA Technical Memo NMFS-SEFSC-757. Gowan, TA. and Ortega-Ort, 1.G,, 2014. Wintering habitat model for the North Atlantic right whale (€ubalaena glacial) in the southeastern United States. PLoS One, 94), p.e95126. Hain, 141, Hampp, .0., McKenney, S.A, Albert A and Kenney, .0., 2013. Swim speed, behavior, and mavornent of North Atlantic ight whalae (Fuholan placa) in enastal waters of northeasteen Florida, USA. Pls one, 8), 9.054340. Hayes, S.A, Gardner, S, Garrison, LP, Henry, A. and Leandro, L., 2018. North Atlantic right whales- evaluating ther recovery challenges in 2018, Hayes, SA, Josephson, E, Maze-Foey, K, Rose, PE, 2022. USS. Atlantic and Guif of Mexico Marine [Mammal Stock Assessments 2021. NOAA Technical Memo NMFS.NE-288. 387 pages, dot org/10.25823/6t7-ke16 Kraystan, AM, Gowan, TA, Kendal, W.L, Martin, J, OrtegaOrtz, 1.6, Jackson, K, Knowlton, AR, Naessg,P, Zan, M, Schulte, DW. and Taylor, CR, 2018, Characterizing residence pattems of North ‘Atlantic ight whales in the southeastern USA with a multistate open robust design model, Endangered Species Research, 36, p.279-255. Lalst,.W., Knowhon, AR, Mead, 1G, Collet, AS. and Podests, M, 2003 Collisions between ships and whales. Marine Mansmal Science, 17(2), pp.35-75. LUnden, D.W.. Population projections for North Atlantic right whales under varying human-caused mortality risk and future uncertainty. NOAA Fisheries, Greater Atlantic Region Fisheries office, Gloucester, MA, 45 pages. ‘Montes, N, Swett, R,Sidman, C, and Fik, T, 2036. Offshore recreational boating characterization Inthe Southeast US. University of Florida Sea Grant, Gaineslle, FL, 65 pages. NOAA Fisheries Service, 2020, 2020 South Atlantic Regional Biological Opinion for Dredging and Material, Placement Activities in the Southeast United States, NOAA Fisherles Southeast Regional Office, St. Petersbur, Fl, 653 pages. NOAA National Weather Service, 2022. Defntions for Marine Forecasts. Accassed from ‘nts: /worw.weather,gov/gum/MarineDefintions on October 20,2022 Pace i, RM, Willams, R, Kraus, 5.0, Krowlton, AR. and Pettis, LM, 2021. Cryptic mortality of North Atlantic ight whales. Conservation Science and Practice 3(2), .e346. Reed, New, L, Corkeran ., and Harcourt, R, 2022. Muithevent modeling of true reproductive states ‘of individual female right whales provides new insights into thelr decline. Frontiers in Marne Science, 9:994481. doi org/10.3380/fmars.2022.994481 Roberts, JJ, Schick, RS., Halpin, PLN, 2022. Final Project Report: Marine Species Density Data Gap ‘Assessments and Update forthe AFTT Study Area, 2020 (Option Year 4). Document version 2.2. Report 0/31/2022Georgia DNR Wildlife Resources Divison Comments on NOAA's Proposed Amendments to the Right ‘Whale Vessel Strike Reduction Rule ‘prepared for Naval Facies Engineering Command, Atlantic by the Duke University Marine Geospati Ecology Lab, Durham, NC. hitps//seamap env duke-edu/models/Duke/ECL US. Coast Guard, 2022. AIS. Frequently Asked Questions. Accessed from tos //w naveen.usce gv/ais-frequenty-asked-questions on October 20,2022 \Vanderlaan, AS. and Taggart, C1, 2007. Vessel colsions with whales: the probabilty of lethal injury based on vessel speed. Marine mamma scence, 231), p.144-156. 10/31/2022‘Georgla DNR Wilife Resources Division Comments on NOAA's Proposed Amendments tothe Right ‘Whale Vessel Strike Reduction Rule NARW Vessel Mortalities & Serious Injuries in U.S. by Vessel Size Class and Year i | | [| ‘| | a2 ga & RE n65fL_ Length noun 65 ad Greater ‘Figure 1. Observed NARW mortalities and serious injuries by vessel size cass and year (NMFS and GONR data) NARW Vessel Mortalities & Serious Injuries in U.S. by Vessel Size Class and Region, a] a pa ae tas thanGs sLenghuninown 965 Rand Grater ‘Figure 2. Observed NARW mortalities and serious injuries by vesel size class and region (NMS and GDNR ata) 10/34/2022Georgia DNR Wildlife Resources Division Comments on NOAA's Proposed Amendments to the Right ‘Whale Vessel Strike Reduction Rule Static Draft vs Vessel Length by Vessel Type 80 10 ‘ Inboard: ' Powered “sy Zoo : $50) out Bao 30 . 20 20 30 40 so 60 70 Vessel Length (feet) Figure 3. Static draft (including propellers and lower units) for () inboard powered, (2) outboard and Inboard/outboard powered, and (3) jet drive vessel, 20-65 ft i length. Data compiled by GDNR from specifications sted on 37 vessel manufacturers websites (Table 2). The draft of most outboard powered vessels was listed by hull draft; 13 inches was added to account forthe added depth ofthe outboard lower 10/31/2022Georgia DNR Wildlife Resources Division Comments on NOAR’s Proposed Amendments tothe Right ‘Whale Vessel Strike Reduction Rule ropant 52 Banta Figure 4, Density and sightings of NARW are Tow west ofthe 3 fathom (TBM) depth contour. Whale density is for January 2011-2019 (Roberts eta. 2022). Whale sightings are from aerial survey platforms acrossall months, 2011-2022 (NARW Consortium data). 10/31/2022Georgia DNR Wildlife Resources Division Comments on NOAA's Proposed Amendments to the Right ‘Whale Vessel Strike Reduction Rule Figure S. NOAK's proposed Sz boundary (magenta) and GDNR's requested modification (yellow) around the Savannah River entrance 10/31/2022Georgia DNR Wildlife Resources Division Comments on NOAA's Proposed Amendments to the Right ‘Whale Vessel strike Reduction Rule Et Figure 6. NOAN's proposed 82 boundary (magenta) and GDNR's requested modification (yellow) around ‘the Brunswick channel entrance. 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