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DEPT. OF MARINE RESOURCES
NMFS announces that lobster trap/pot and anchored gillnet fishermen must comply with required gear modifications (see below) in a DAM zone south and east of Portsmouth, NH, January 26 through February 9, 2008
(from E-mail dated Jan 18, 2008:)
Dear ALWTRT Member or Interested Party:
On January 13, 2008, 7 North Atlantic right whales were sighted in two areas southeast of Portsmouth, NH (4 whales in the proximity of 42º 37' N latitude and 70º 01' W longitude, and 3 whales in the proximity of 42º 51' N latitude and 70º 04' W longitude) 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 right whales.
NMFS announces that lobster trap/pot and anchored gillnet fishermen must comply with the required gear modifications (see below) in an area southeast of Portsmouth, NH, effective 0001 hours January 26, 2008, through 2400 hours February 9, 2008. The regulations apply to lobster trap/pot and anchored gillnet fishermen in an area totaling approximately 2,251 square nautical miles. 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, NMFS requires that no additional gear be set in the DAM zone during the 15-day period unless that gear has been modified accordingly.
The coordinates for the DAM zone effective from 0001 hours January 26, 2008, through 2400 hours February 9, 2008:
43º 09´ N., 70º 29´ W (NW Corner)
Special note for gillnet fishermen: 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.
A permit holder letter including the DAM zone coordinates and restrictions is now posted on the ALWTRP website (http://www.nero.nmfs.gov/whaletrp) under “What’s New.” An outreach supplement showing the DAM zone overlayed onto a Nautical Chart is also available. NMFS 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, NMFS 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 978-281-9300 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 “Elements of the Plan.” If you have any questions regarding these regulations, please call 978-281-9300 x6505 or the ALWTRP Coordinator at the number below. If you have questions about the gear requirements for this DAM zone, you may also contact John Higgins ( or 207-677-2316).
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 portions of Northern Inshore State Lobster Waters, Northern Nearshore Lobster Waters, and Stellwagen Bank/Jeffrey’s 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:
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:
Anchored Gillnet Gear
Fishermen utilizing anchored gillnet gear within the portions of Other Northeast Gillnet Waters Area and Stellwagen Bank/Jeffrey’s 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:
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