NOAA Requires Gear Marking to Protect Atlantic Whales
Published Date: 6/24/2026
Notice
Summary
NOAA is asking for public feedback on renewing rules that require fishermen to mark their gear to protect big whales in the Atlantic. This helps track and reduce whale injuries caused by fishing equipment. Comments are open until August 24, 2026, and the changes won’t cost fishermen extra but help keep whales safe and fishing sustainable.
Analyzed Economic Effects
5 provisions identified: 1 benefits, 4 costs, 0 mixed.
Mandatory Gear Marking for Commercial Fishers
If you set trap/pot or gillnet gear commercially in some areas of the Atlantic, you must paint or otherwise mark your gear with specific color codes and meet buoy marking requirements. These gear-marking rules were adopted in a 2021 rule that became effective May 1, 2022, and the information collection to support them is being renewed.
Time and Cost Estimates Per Vessel
NOAA estimates 3,970 vessels are affected. The estimated burden is 43–56 hours per vessel per year (total 170,710–222,320 hours) and an estimated annual cost of $27–$75 per vessel (total $107,190–$297,750). Responding (marking gear) is mandatory.
State-Specific Color and Marking Specs
Vessels must use state-specific buoy-line colors: Maine = purple, New Hampshire = yellow, Massachusetts = red, and Rhode Island = silver/gray. Marks must include a 3-foot (0.9 m) state-specific colored mark within 2 fathoms (3.7 m) of the buoy and at least three 1-foot (0.3 m) state-color marks on the primary buoy line, plus 1-foot (0.3 m) green marks within 6 inches (15.24 cm) of each state mark; all installed marks must be at least 1 foot long to distinguish from Canadian 6-inch marks.
LMA 3 Vessels Keep Black Marking
Vessels fishing in Lobster Management Area (LMA) 3 must retain black as the primary gear mark color, including a 3-foot (0.9 m) black mark within 2 fathoms (3.7 m) of the buoy and at least three 1-foot (0.3 m) black marks on the primary buoy line with 1-foot green marks within 6 inches (15.24 cm) of each black mark.
Data Collection to Reduce Whale Entanglements
Continuing the gear-marking data collection helps NMFS learn where entanglements occur and will enable reducing injuries and deaths of large whales, including North Atlantic right, humpback, minke, and fin whales. The Team uses this information to develop measures to reduce mortality and serious injury from fishing gear.
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