I know that here in the UK the RYA has been running a campaign for some time over the problems associated with crab and lobster pots. About the only regulation of the potting industry there is over here are minimum catch sizes, and EU quotas on the amount of fish that can be caught have resulted in a lot of fishermen moving to shellfish instead. The problems we face seem similar - large numbers of poorly marked pots, often placed in restricted waters.
If a fisherman is being responsible, they should have a large buoy, preferably topped with a flag on a stick. It should have 2-3 metres of chain between it and the pot warp, to ensure that excess warp doesn't float on or near the surface, and the warp should be long enough that the buoy remains above water at all states of the tide (often the major complaint over here is of buoys lurking just below the surface at high tide). Under no circumstances should pots be shot in areas where vessels are restricted in the ability to avoid them. Given that most fishermen these days will use GPS to determine the locations of their pots, even if the buoy is separated from the pot warp, they normally have a fairly good chance of recovering their pots by towing a grapnel across the area (the traditional devices I've seen tend to look like christmas trees with no needles, made from galvanised steel). A fisherman who behaves responsibly shouldn't lose many pots to leisure boats, and those fishermen who don't behave responsibly deserve to lose their tackle to ropecutters, etc.
One aspect that's possibly more apparent to UK eyes (since we seem to have proportionally far more small sailboats and far fewer big powerboats than in the US) is that a line of 20-30 crab or lobster pots (not at all unusual, in fact 50-100 is quite common) is enough to efficiently anchor a small sailing boat, and if that's by the propshaft when going at or about hull speed then things can get very ugly indeed very quickly.