The North Carolina Department of Environmental Quality, Division of Coastal Management (DCM) hereby gives notice that public review and comment is invited on a proposed federal action.
The State’s review of the National Oceanic and Atmospheric Administration’s (NOAA’s) Consistency Determination (CD) will determine if NOAA’s National Marine Fisheries Service (NMFS) Office of Protected Resources proposed amendments to the North Atlantic Right Whale Vessel Strike Reduction Rule (“speed rule”) is consistent to the maximum extent practicable with the enforceable policies of North Carolina’s Coastal Management Program. The proposed action includes:
- modify the boundaries and timing seasonal speed restrictions of 10 knots or less (renamed as Seasonal Speed Zones or SSZs) to better align with areas characterized by elevated collision-related mortality risk;
- create a Dynamic Speed Zone (DSZ) program to implement temporary mandatory speed restrictions when whales are known to be present outside active SSZs;
- extend the size threshold of regulated vessels to include most vessels 35 ft (10.7 m) or greater in length; and
- update the speed rule’s safety deviation provision. See 87 FR 46921 (August 1, 2022).
The NMFS CD explains that their proposal is due to changes that are needed to stabilize the ongoing North Atlantic right whale population decline and prevent the species’ extinction. The proposed changes were designed to address the risk of ongoing lethal strikes in U.S. waters, including strike events that have occurred within state coastal waters. The amendments were informed by a coastwide collision mortality risk assessment, and updated information on North Atlantic right whale distribution, vessel traffic patterns, and vessel strike mortality and serious injury events.
A more thorough description of the proposed federal actions may be examined at the NMFS_CZMA Consistency Determination Letter for Proposed Rule to Amend the NARW Vessel Strike Reduction Rule document linked on this page.
To assist in this evaluation, DCM is inviting the public to offer comments on the proposed federal action.
Please submit written comments by August 31, 2024 to Daniel Govoni, Federal Consistency Coordinator, 400 Commerce Avenue, Morehead City, NC 28557, or by email to DCMcomments@deq.nc.gov. Please put “North Atlantic Right Whale Vessel Strike Reduction Rule” in the subject line. All comments will be considered in developing the state’s consistency response. Notice of the decision regarding this matter will be provided upon request.