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DMR Home > Species Info > Whales > DAM November 18, 2006

NMFS announces that lobster trap/pot and anchored gillnet fishermen must comply with required gear modifications (see below) in two Maine DAM zones, November 18 - December 2, 2006

Dear ALWTRT Member or Interested Party:

On November 5, 2006, two separate aggregations of right whales were sighted which resulted in NOAA’s National Marine Fisheries Service (NMFS) taking action under the Dynamic Area Management (DAM) program to provide protection for these aggregations of Northern right whales. An aggregation of 4 right whales was seen in the vicinity of 43º 07' N latitude and 70º 10' W longitude, south of Portland, ME, and an aggregation of 13 right whales was seen in the vicinity of 43º 29' N latitude and 68º 27' W longitude, east of Portland, ME.

NMFS announces that lobster trap/pot and anchored gillnet fishermen must comply with the required gear modifications (see below) in these two DAM areas, effective 0001 hours November 18, 2006, through 2400 hours December 2, 2006. The regulations apply to lobster trap/pot and anchored gillnet fishermen in an area totaling approximately 1,549 square nautical miles south of Portland, ME, and an area totaling approximately 1,809 square nautical miles east of Portland, ME. Once effective, all anchored gillnet and lobster trap/pot gear must comply with the gear restrictions required to continue fishing in the DAM zones for the restricted time period. In addition, NMFS requires that no additional gear be set in the DAM zones during the 15-day period unless that gear has been modified accordingly.

I. DAM zone south of Portland, ME

Coordinates for the DAM zone effective 0001 hours November 18, 2006, through 2400 hours December 2, 2006, are as follows:

43º 29´N, 70º 23´W (NW Corner)
43º 29´N, 69º 44´W
42º 47´N, 69º 44´W
42º 47´N, 70º 38´W
43º 08´N, 70º 38´W and follow the coastline northeast to
43º 29´N, 70º 23´W (NW Corner)

Special note for gillnet fisherman: a portion of this DAM zone overlaps the year-round Western Gulf of Maine Closure Area for Northeast Multispecies found at 50 CFR 648.81(e). Due to this closure, sink gillnet gear is prohibited from this portion of the DAM zone.

II. DAM zone east of Portland, ME

Coordinates for the DAM zone effective 0001 hours November 18, 2006, through 2400 hours December 2, 2006, are as follows:

43º 52´N, 68º 56´W (NW Corner)
43º 52´N, 67º 58´W
43º 09´N, 67º 58´W
43º 09´N, 68º 56´W
43º 52´N, 68º 56´W (NW Corner)

Permit holder letters including the DAM zone coordinates and restrictions are available on the ALWTRP website (http://www.nero.nmfs.gov/whaletrp) under “What’s New.” Additionally, an outreach supplement showing the DAM zones overlayed onto a Nautical Chart is also available. NMFS will be notifying the public of the DAM zones by issuing radio announcements, working through appropriate media, distributing the permit holder letters to affected fishermen, as well as other means. As an ALWTRT member or interested party, NMFS appreciates your assistance in spreading the word about the DAM zones and their gear restrictions.

To obtain the DAM regulations in their entirety, please call 978-281-9300 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 978-281-9300 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: 978-281-9300 ext. 6503
Fax: 978-281-9394
e-mail:
***

I. DAM Program Gear Requirements for the DAM Zone South of Portland, ME

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 Inshore State Lobster Waters, Northern Nearshore Lobster Waters, and Stellwagen Bank/Jeffreys Ledge Restricted 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 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 Area and Stellwagen Bank/Jeffreys Ledge Restricted Area 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;
5. A weak link with a maximum breaking strength of 1,100 lb (498.8 kg) must be placed at all buoys; and
6. 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.

II. DAM Program Gear Requirements for the DAM Zone East of Portland, ME

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 Inshore State Lobster Waters and 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 Area 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;
5. A weak link with a maximum breaking strength of 1,100 lb (498.8 kg) must be placed at all buoys; and
6. 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.