Dear ALWTRT Member or Interested Party:
On January 4, 2005, twenty-four right whales were sighted in
the proximity of 43° 23.7' N latitude and 68° 13' W longitude, which
resulted in NOAA Fisheries taking action under the Dynamic Area Management
(DAM) program to provide protection for this aggregation of North Atlantic
right whales. Because these sightings occurred within a previously
identified DAM zone triggered by the December 6, 2004, sightings of 7 right
whales (69 FR 75862, December 20, 2004), the coordinates for the current DAM
zone are unchanged.
NOAA Fisheries announces that lobster trap/pot and anchored
gillnet fishermen must comply with the required gear modifications (see
below) in an area east of Portland, Maine, effective 0001 hours January 15,
2005, through 2400 hours January 29, 2005. The regulations apply to
lobster trap/pot and anchored gillnet fishermen in an area totaling
approximately 1,889 square nautical miles (nm2) (6,479.1 km2). Once
effective, all anchored gillnet and lobster trap/pot gear must comply with
the gear restrictions required to continue fishing in a DAM zone for the
restricted time period. In addition, NOAA Fisheries requires that no
additional gear be set in the DAM zone during the 15-day period unless that
gear has been modified accordingly.
Coordinates for the DAM Zone effective from 0001 hours
January 15, 2005, through 2400 hours January 29, 2005, are as follows:
43°45'N, 68°32'W (NW Corner)
43°45'N, 67°30'W
43°33'N, 67°30'W following the Hague line south to
43°00'N, 67°42'W
43°00'N, 68°32'W
Special note for gillnet fisherman: A portion of this DAM
zone overlaps the Harbor Porpoise Take Reduction Plan’s Offshore Closure
Area. This DAM action does not supersede the Harbor Porpoise Take
Reduction Plan regulations found at 50 CFR 229.33. During this closure,
sink gillnet gear is prohibited from this portion of the DAM zone unless
pingers are used in accordance with the provisions of § 229.33(d).
A permit holder letter including the DAM zone coordinates
and restrictions will soon be available on the ALWTRP website (http://www.nero.nmfs.gov/whaletrp)
under “What’s New.” Additionally, an outreach supplement showing the DAM
zone overlayed onto a Nautical Chart will soon be available. NOAA Fisheries
will be notifying the public of the DAM zone by issuing radio announcements,
working through appropriate media, distributing the permit holder letter to
affected fishermen, as well as other means. As an ALWTRT member or
interested party, NOAA Fisheries appreciates your assistance in spreading
the word about the DAM zone and its gear restrictions.
To obtain the DAM regulations in their entirety, please call
978-281-9328 x6505. In addition, these regulations are available by
accessing the ALWTRP web page (http://www.nero.nmfs.gov/whaletrp/)
and going to “The Plan” and “Regulations Implementing the Plan.” If you
have any questions regarding these regulations, please call 978-281-9328
x6505 or the ALWTRP Coordinator at the number below.
--
Diane Borggaard
Large Whale Coordinator
NOAA/NMFS/NERO Protected Resources Division
1 Blackburn Dr.
Gloucester, MA 01930
Ph: 978-281-9328 ext. 6503
Fax: 978-281-9394
e-mail: diane.borggaard@noaa.gov
****************************
DAM Program Gear Requirements
In addition to those gear modifications currently
implemented under the ALWTRP at 50 CFR 229.32, the following gear
modifications are required in the DAM zone. If the requirements and
exceptions for gear modification in the DAM zone, as described below, differ
from other ALWTRP requirements for any overlapping areas and times, then the
more restrictive requirements will apply in the DAM zone. Please
note that the below provides a summary of the DAM Program gear requirements
and is not a substitute for the ALWTRP regulations.
Lobster Trap/Pot Gear
Fishermen utilizing lobster trap/pot gear within the portion of the Northern
Nearshore Lobster Waters that overlap with the DAM zone are required to
utilize all of the following gear modifications while the DAM zone is in
effect:
1. Groundlines must be made of either sinking or neutrally
buoyant line. Floating groundlines are prohibited;
2. All buoy lines must be made of either sinking or neutrally buoyant line,
except the bottom portion of the line, which may be a section of floating
line not to exceed one-third the overall length of the buoy line;
3. Fishermen are allowed to use two buoy lines per trawl; and
4. A weak link with a maximum breaking strength of 600 lb (272.4 kg) must be
placed at all buoys.
Fishermen utilizing lobster trap/pot gear within the portion
of the Offshore Lobster Waters Area that overlap with the DAM zone are
required to utilize all of the following gear modifications while the DAM
zone is in effect:
1. Groundlines must be made of either sinking or neutrally buoyant line.
Floating groundlines are prohibited;
2. All buoy lines must be made of either sinking or neutrally buoyant line,
except the bottom portion of the line, which may be a section of floating
line not to exceed one-third the overall length of the buoy line;
3. Fishermen are allowed to use two buoy lines per trawl; and
4. A weak link with a maximum breaking strength of 1,500 lb (680.4 kg) must
be placed at all buoys.
Anchored Gillnet Gear
Fishermen utilizing anchored gillnet gear within the portions of the Other
Northeast Gillnet Waters that overlap with the DAM zone are required to
utilize all the following gear modifications while the DAM zone is in
effect:
1. Groundlines must be made of either sinking or neutrally
buoyant line. Floating groundlines are prohibited;
2. All buoy lines must be made of either sinking or neutrally buoyant line,
except the bottom portion of the line, which may be a section of floating
line not to exceed one-third the overall length of the buoy line;
3. Fishermen are allowed to use two buoy lines per string;
4. Each net panel must have a total of five weak links with a maximum
breaking strength of 1,100 lb (498.8 kg). Net panels are typically 50
fathoms (91.4 m) in length, but the weak link requirements would apply to
all variations in panel size. These weak links must include three floatline
weak links. The placement of the weak links on the floatline must be: one
at the center of the net panel and one each as close as possible to each of
the bridle ends of the net panel. The remaining two weak links must be
placed in the center of each of the up and down lines at the panel ends; and
5. All anchored gillnets, regardless of the number of net panels, must be
securely anchored with the holding power of at least a 22 lb (10.0 kg)
Danforth-style anchor at each end of the net string.
