Gear marking requirements

UNITED STATES DEPARTMENT OF COMMERCE
National Oceanic and AtmospherIc Administration
NATIONAL MARINE FISHERIES SERVICE
NORTHEAST REGION
55 Great Republic Drive
Gloucester, MA 01930-2276

FEB 1 6 2011
Small Entity Compliance Guide

Subject: Reminder for Fixed Gear Buoy and Line Marking Requirements in the Northeast
Region
Dear Northeast Region Permit Holder:
This letter is to remind you of the current fixed gear buoy, line, and surface gear deployment
requirements for lobster pots, gillnets, and longlines within Federal waters of the Northeast.
Discussions at the New England Fishery Management Council Vessel Monitoring System
Enforcement Committee have led to concern that some fishermen may be unaware of current
fixed gear marking and surface gear deployment requirements. Therefore, this letter provides the
current Federal fixed gear marking and surface gear deployment requirements when fishing
within the Federal waters of the Northeast. The Federal regulations for these requirements have
been developed under the Northeast Multispecies, Monkfish, and Red Crab Fishery Management
Plans, Federal American lobster regulations, and Atlantic Large Whale Take Reduction Plan.
The requirements are as follows:
1. Multispecies and Monkfish

Fixed Gear Buoy, Line Marking, and Deployment Requirements
The Code of Federal Regulations at 50 CFR 648.84(a) through (d) require that bottom-tending
fixed gear, including, but not limited to, gillnets and longlines designed for, capable of, or fishing
for Northeast multispecies or monkfish, must have the name of the owner or vessel, or the
official number of that vessel, permanently affixed to any buoys, gillnets, longlines, or other
appropriate gear so that the name of the owner or vessel or the official number of the vessel is
visible on the surface of the water.
Bottom-tending fixed gear, including, but not limited to giUnets, or longline gear must be marked
so that the westernmost end (measuring the half compass circle from magnetic south through
west to, and including, north) of the gear displays a standard 12-inch tetrahedral comer radar
reflector and a pennant positioned on a staff at least 6 ft above the buoy. The easternmost end
(meaning the half compass circle from magnetic north through east to, and including, south) of
the gear need display only the standard 12-inch tetrahedral radar reflector positioned in the same
way. Continuous gillnets must not exceed 6,600 ft between the end buoys.

Also, in the Gulf of Maine and Georges Bank regulated mesh areas, specified at 50 CFR
648.80(a), (see Figure 1 for location of these two regulated mesh areas), it is required that gillnet
gear set in an irregular pattern or in any way that deviates more than 30 degrees from the original
course of the set, must be marked at the extremity of the deviation with an additional marker,
which must display two or more visible streamers and may either be attached to or independent
of the gear. Permit holders should be aware that the multispecies and monkfish fishery
management plans have gillnet tagging requirements in addition to the buoy and line marking
and gear deployment requirements mentioned in this permit holder letter. Please contact the
Sustainable Fisheries Division at 978-281-9315 if you have any questions aboutgillnet tagging.

2. Lobster Traps
Buoy, Line Marking, and Deployment Requirements for Lobster Traps
The deployment and gear configuration for American lobster, as defined by 50 CFR 697.21(b),
establishes gear requirements for four geographic areas: (1) The Gulf of Maine, (2) Georges
Bank, (3) Southern New England and (4) Mid-Atlantic gear areas (see Figure 3). American
lobster trap trawls consisting of three or fewer traps deployed in the four geographic areas
identified in Figure 3 must be attached to and marked with a single buoy. Lobster trap trawls
consisting of more than three traps must have a radar reflector and a single flag or pennant on the
westernmost end (marking the half compass circle from magnetic south through west, to and
including north), while the easternmost end (meaning the half compass circle from magnetic
north through east, to and including south) of an American lobster trap trawl must be configured
with a radar reflector only. Standard tetrahedral comer radar reflectors of at least 8 inches (20.32
cm) (both in height and width, and made from metal) must be employed. Furthermore, no
American lobster trap trawl shall exceed 1.5 nautical miles (2.78 km) in length, as measured
from radar reflector to radar reflector.
In addition to the gear configuration requirements mentioned in this letter, permit holders should
be aware that American lobster regulations have trap tag requirements for each trap. Please
contact the Sustainable Fisheries Division at 978-281-9315 if you have any questions about
American lobster trap tagging.

Lobster Trap Definition and Exceptions
American lobster permit holders are reminded that a "lobster trap" means any structure or other
device, other than a net, that is placed, or designed to be placed, on the ocean bottom and is
designed for or is capable of, catching lobsters. The following are traps deemed not to be lobster
traps for the purpose of this part, and not subject to the provisions of this part: Red crab traps,
fished deeper than 200 fathoms (365.8 m); traps fished from vessels fishing for black sea bass
when the vessels have a Lobster Area 5 Waiver as specified in 50 CFR 697.26 (see Figure 2 for
the location of Area 5); and, traps fished by a vessel not issued a limited access lobster permit
under 50 CFR 697.4(a).

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3. Deep Sea Red Crab
Buoy, Line Marking, and Deployment Requirements for Fixed Gear
Regulations at 50 CFR 648.264(a)(5)(6) require that all buoys used at the end of each red crab
trawl must comply with the following:
• The letters "RC" in letters at least 3 inches in height must be painted on top of each buoy;
• The vessel's permit number in numerals at least 3 inches in height must be painted on the
side of each buoy to clearly identify the vessel;
• The number of each trap trawl relative to the total number of trawls used by the vessel
(i.e., "3 of 6") must be painted in numerals at least 3 inches in height on the side of each
buoy; and
• High flyers and radar reflectors are required on each trap trawl.

4. Atlantic Large Whale Take Reduction Plan
In addition to the fisheries management buoy and line marking requirements, permit holders are
reminded that they, as well as vessels not operating under a Federal permit, are also subject to
gear marking provisions of the Atlantic Large Whale Take Reduction Plan. These provisions are
designed to improve the ability to identify the trap/pot and gillnet gear involved in a whale
entanglement. These requirements provide identification of the owner of the gear, and thus
allow for collection of additional information on where, when, and how the gear was set. By
increasing scientific understanding of the nature of large whale entanglements, gear making
measures would allow for, over time, improved effectiveness of the Atlantic Large Whale Take
Reduction Plan.
Vessels must comply with the Atlantic Large Whale Take Reduction Plan regulations at 50 CFR
229.32(b), requiring the following:

Buoy and Line Marking Requirements

For TraplPot and Gillnet Surface Buoy Marking
All surface buoys will need to be marked to identify the vessel or fishery with one of the
following:
• The owner's motorboat registration number and/or U.S. vessel documentation number;
• The Federal commercial fishing permit number; or
• Whatever positive identification marking is required by the vessel's home-port state.
When marking is not already required by state or Federal regulations, the letters and numbers to
mark gear must be at least 1 inch in height, block letters or Arabic numbers (common numbers
such as 1,2,3) , in a color that contrasts with the color of the buoy.

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For TraplPot and Gillnet Buoy Line Marking
The gear marking scheme will require one 4-inch colored mark midway along the buoy line.
Each color code must be permanently affixed on or along the line and each color code must be
clearly visible when the gear is hauled or removed from the water.
TraplPot Gear Marking Colors by Area
RED: Cape Cod Bay Restricted Area; Northern Nearshore Trap/Pot Waters; Northern Inshore
State Trap/Pot Waters; Stellwagen Bank! Jeffreys Ledge Restricted Area; Great South Channel
Restricted Area overlapping with Lobster Management Area (LMA) 2 and/or the Outer Cape
LMA.
ORANGE: Southern Nearshore Trap/Pot Waters.
BLACK: Offshore Trap/Pot Waters; Great South Channel Restricted Area overlapping with the
LMA 2/3 Overlap and/or LMA 3.
See Figure 4 for the locations of the Trap/Pot Areas and LMA' s.

Note: If the color of the rope is the same as or similar to a color code listed above, a white mark
may be substituted for that color code.
Gillnet Gear Marking Colors By Area
GREEN: Cape Cod Bay Restricted Area; Stellwagon Bank/Jeffreys Ledge Restricted Area;
Great South Channel Sliver Restricted Area; and Other Northeast Gillnet Waters.
BLUE: Mid/South Atlantic Gillnet Waters.
YELLOW: Southeast U. S. Restricted Area South and Other Southeast Gillnet Waters

Note: If the color of the rope is the same as or similar to a color code listed above, a white mark
may be substituted for that color code.
If you have any questions about these gear marking and surface gear deployment requirements,
please contact the Sustainable Fisheries Division at 978-281-9315.

Sincerely,

Patricia A. Kurkul
Regional Administrator
Enclosures

This small entity compliance guide complies with section 212 ofthe Small Business Regulatory
Enforcement and Fairness Act of1996.

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Figure 1. Multispecies Regional Management Areas (RMAs)

79'O'O"W

77'O'O-W

7S'O'O-W

73'O'O"W

71'O'O-W

69'O'O-W

67'O'O"W

6S'O'O"W

4S'O'O"N

4S'O'O"N

«'O'O"N

'O'O'N

43'O'O"N

43'O'O"N

42·0·0·N-I-----------.,'

42'O'O"N

41'O'O'N

41'O'O'N

40'O'O"N

O'O'O'N

39'O'O'N

39'O'O'N

38'O'O'N

38'O'O'N

37'O'O"N

37'O'O'N

36'O'O'N

36'O'O"N

3S'O'O'N

3S'O'O"N

N
34'O'O'N

I

o

i

I

50

I

I I
100

I

I

200 Miles

A

34'O'O'N

........,.-_...----_-,-_-.-_--.-_--,,.-_...----_-,-_-.-_--.-_--,,.-_...----_-,-_-.-_--.-_--,,r33·0·0·N
79'O'O-W
77'O'O'W
7S'O'O'W
73'O'O-W
71'O'O"W
69'O'O"W
67'O'O"W
8S'O'O'W

50 CFR 648.80(a) requires that giIlnet gear in the Gulf of Maine and Georges Bank RMAs
set in an irregular pattern or in any way that deviates more than 30 degrees from the
original course of the set must be marked at the extremity of the deviation with an
additional marker, which must display two or more visible streamers and may either be
attached to or independent of the gear,

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Figure 2.

American Lobster Management Areas
70'O'W

7S'O'W

~S'U'N+----~_----,--------+-+----+----------:a:------l-tS"O'N

I
I.
(,,"ea

Manag ment Area 3

Management
AreaS

5 - "'ea 3

(He"e. (

3s'O·N-f,Ip"e----+--~------------_+__-------------______+_;3S'D'N

7S00'W

7000'W

NOAA Fisheries
Northeast R.egional Office
Gloucester, MA
9/21/04

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Figure 3: American Lobster Deployment
and Gear Configuration Areas
71~O'O"'W

74ClO'W

72-arIW

710'0'W

7O"UUW

~'iJO'W

65,,()'O'W

67T/O'W

66iJO'W

4;)'O'O"N

42'O'O"N

4'0'0"'4

4O'O'Q'""N

370lfN

37"O'O'N

36~'O"N

?4ffaW

72' O'O'W

7"1 O'O"W

70'(J(JW

Ga'-O'O'W

670'O'W

7t*30'O'W

Refer to SOCFR 697.21 (b)(4)(i-iv) for detailed descriptions of the deployment and gear configuration areas.
Deployment and Gear
Configuration Areas

~

(i) Gulf of Maine

(ii) Georges Bank
(iii) Southern New England
(iv) Mid-Atlantic

Administrative Boundaries

o nm - Baseline, Territorial Sea
...... 3 nm - Outer Boundary, Territorial Sea

.,"'''12 nm
",..- 200 nm - US EEZ

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Depth Contours
._~

25 fathoms

--rv--- 40 fathoms

Figure 4. Atlantic Large Whale Take Reduction Plan (ALWTRP) Regulated TraplPot
Areas (TraplPot Areas)
800W

45'N

7S'W

65'W

70'W

r""F--"""'\~~"""'--------":';::Z:::::::::;==~~---'-----"9~~--:/"""'l:r--::::;:::S:=:O---l
4<

4C

4O'N

3S·N..L------­

o

Legend
Great South Channel Restricted Area
Stellwagen Bank/Jeffreys Ledge Restricted Area

_

30'N

o

Cape Cod Bay Restricted Area
Northern Nearshore Trap/Pot Waters
Southern Nearshore Trap/Pot Waters

1'/":""','1 Offshore Trap/Pot Waters

Dec. 1 - Mar. 31

aoow

7S'W

70'W

6S'W

The trap/pot gear requirements in the ALWTRP vary by geographic area. There are seven trap pot areas:
Cape Cod Bay Restricted Area; Great South Channel Restricted Area; SteJlwagen Bank/Jeffreys Ledge
Restricted Area; Northern Inshore State TraplPot Waters; Northern Nearshore TraplPot Waters;
Southern Nearshore TraplPot Waters; and Offshore TraplPot Waters. Many of these areas overlap the
Lobster Management Areas (LMA) described in the Federal American lobster regulations found at 50
CFR part 697 subpart B. A guide, providing specific ALWTRP area coordinates, can be found at
http://www.nero.noaa.gov/whaletrp/. Regulations for the trap/pot areas can be found at 50 CFR 229.32.

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