Comment from John Fisher, Virginia Department of Environmental Quality

Please include the comments below from the Virginia Department of Game and Inland Fisheries as an addendum to the response submitted by the Virginia Department of Environmental Quality on behalf of the Commonwealth dated January 8, 2009. The VDGIF email containing these comments is also attached. We have reviewed the above-referenced proposed rule and have the following comments: 1. The species take list appears to be accurate; however, the number of animals predicted to be affected for both Level A and Level B harassment are probably underestimated, because the species density estimates from which take limits are derived are based on too few data. Therefore, no marine mammal species should be considered unlikely to be affected just because there are no density data available (e.g., beaked whales). Since all of the species on the list exist in the Virginia (VA) and North Caroline (NC) outer banks stranding records, collected and kept by the Virginia Aquarium Stranding Response Program, we recommend that all species on the take list should be considered susceptible to Level B harassment year round. 2. The ‘elevated time of awareness’ for right whales (Table 14 in FR) should be expanded to Oct-April (without excluding January) or, at a minimum, Nov-March (without excluding January) based on strandings that have occurred in our region throughout these months. Recent observations have been made of new mothers as far north as Wilmington, NC during the winter calving season (i.e., Nov. 15 – April 15), which provides further justification for expanding the period of elevated awareness for VA area and NC. 3. Proposed mitigation measures and reporting requirements are acceptable. Therefore, we have no comments on them. We recommend maintaining close coordination with the National Marine Fisheries Service, Virginia Institute of Marine Science, Virginia Marine Resources Commission, USFWS, Virginia's Department of Conservation and Recreation's Division of Natural Heritage, Virginia Aquarium Stranding Response Program, and this agency. Thank you for the opportunity to provide comments. Ernie Aschenbach Environmental Services Biologist Virginia Dept. of Game and Inland Fisheries 4010 West Broad Street Richmond, VA 23230 Phone: (804) 367-2733 FAX: (804) 367-2427 Email: Ernie.Aschenbach@dgif.virginia.gov