b'belts are not to be worn while the vessel is inPVA members inthreats to marine mammals from vessel traffic LEGISLATIVE navigation on water (and crew visual inspec- (section 11302). Focusing especially on North tion to ensure compliance); and annual safetyvarious locationsAtlanticrightwhales,theNationalOceanic training for an operator and crew members.and Atmospheric Administration is directed The Commandant is also to consider whetherincreasingly mustto devise real-time monitoring and mitigation personal flotation devices (PFDs) are to be re- systems. The concept is to identify the pres-quired for the duration of a waterborne transitabide by marineence of endangered and threatened cetaceans of a DUKW amphibious passenger vessel; notemammal-relatedvisuallyandacousticallyandthentransmit that this is not necessarily a mandate that eachlocation information to vessel operators. The passenger must don a PFD. regulations, includinggoal is to reduce vessel collisions with whales and minimize other impacts on the animals Also, by June 23, 2023, nine interim operatingspeed limits and (section 11303).In the Puget Sound region, requirements will apply to a covered amphibi- the Coast Guard is to establish a Cetacean Desk ous vehicle. If the vessel has a canopy or win- stand-off distances. position within the local Vessel Traffic System. dow coverings, they must be removed priorThe purpose is to monitor the comings and to waterborne operations (and each passengergoings of large cetaceans, especially the South-must wear a personal flotation device). In theern Resident pod of killer whales, and engage alternative, a canopy is allowed if it does notPROTECTION OF MARINE MAMMALSwith vessel operators to reduce vessel impacts restrict horizontal or vertical escape by passen- FROM VESSEL TRAFFIC (section11304).Moregenerally,thefederal gers in the event of flooding or sinking. Over the past decade, concerns have growngovernment is to develop systems to monitor about deleterious effects on endangered andunderwater ocean noise (section 11305).Not every amphibious vehicle that is portrayedthreatenedmarinemammalsattributedto to the public as providing a duck tour will bevesseltraffic.TheseadverseeffectsrangeGREAT LAKES WINTER COMMERCEaffected by this new law. It applies to a smallerfrom fatal ship strikes to behavioral modifi- Sections11212and11213addressGreat class consisting of a vessel that uses, modifies,cation caused by underwater noise generatedLakesWinterCommerce.Theseprovisions or is derived from the GMC DUKW-353 de- by ships. PVA members in various locationsshould be of interest to PVA members that sign and which is operating as a small passen- increasinglymustabidebymarinemam- operate ferries on the Great Lakes. They call ger vessel in waters subject to the jurisdictionmal-related regulations, including speed lim- for a review of the Coast Guards Great Lakes of the United States. This subset of amphibi- its (North Atlantic right whales) and stand- icebreakingmission.Congressdirectsthe ous passenger vessels embraces vehicles that useoff distances (killer whales in Puget Sound,CommandantoftheCoastGuardtokeep the original World War II design (even if man- humpback whales in Alaska and Hawaii, andice-coveredwaterwaysintheGreatLakes ufactured more recently), but it excludes newspinner dolphins in Hawaii). (including adjacent harbors and connecting designs, such as so-called truck ducks. It alsorivers, channels, and waterways) open to nav-excludes a vessel that operates only on watersSubtitle A of Title CXIII responds to theseigation during not less than 90 percent of the outside of federal jurisdiction, such as certainconcerns in several ways. A grant program ofhours that commercial vessels and ferries at-ones in Wisconsin. $10 million per year will assist ports to reducetempt to transit them. However, in an excep-tional winter, the open to navigation stan-dard is reduced to 70 percent. The purpose is to ensure the safe movement of commercial vessels and ferries transiting ice-covered wa-terways in the Great Lakes.CAPITAL CONSTRUCTION FUNDAs reported elsewhere previously, PVA scored ahugelegislationsuccesswhenCongress amended the eligibility criteria for the Capital Construction Fund (CCF) (sections 3544 and 3545 of the legislation). Any PVA member that is a private owner of a U.S.-flagged passenger vesselregardless of geographic location, re-gardless of type of servicecan now choose toaccumulatecapitalfromyearlyearnings tax-free for the purpose of constructing, recon-structing, or acquiring a vessel.Maybe now is the time to investigate wheth-er establishing a CCF account to defer federal income taxes and accumulate capital for vessel construction or acquisition makes sense for you.FOGHORN 20'