[Federal Register Volume 69, Number 248 (Tuesday, December 28, 2004)]
[Rules and Regulations]
[Pages 77672-77674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-28366]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[I.D. 122104C]


Notification of U.S. Fish Quotas and an Effort Allocation in the 
Northwest Atlantic Fisheries Organization (NAFO) Regulatory Area

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule; notification of U.S. fish quotas and an effort 
allocation.

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SUMMARY: NMFS announces that fish quotas and an effort allocation are 
available for harvest by U.S. fishermen in the Northwest Atlantic 
Fisheries Organization (NAFO) Regulatory Area. This action is necessary 
to make available to U.S. fishermen a fishing privilege on an equitable 
basis.

DATES: All fish quotas and the effort allocation are effective January 
1, 2005, through December 31, 2005. Expressions of interest regarding 
U.S. fish quota allocations for all species except 3L shrimp will be 
accepted throughout 2005. Expressions of interest regarding the U.S. 3L 
shrimp quota allocation and the 3M shrimp effort allocation will be 
accepted through January 12, 2005.

ADDRESSES: Expressions of interest regarding the U.S. effort allocation 
and quota allocations should be made in writing to Patrick E. Moran in 
the NMFS Office of Sustainable Fisheries, at 1315 East-West Highway, 
Silver Spring, MD 20910 (phone: 301-713-2276, fax: 301-713-2313, e-
mail: [email protected]).
    Information relating to NAFO fish quotas, NAFO Conservation and 
Enforcement Measures, and the High Seas Fishing Compliance Act (HSFC) 
Permit is available from Sarah McLaughlin, at the NMFS Northeast 
Regional Office at One Blackburn Drive, Gloucester, Massachusetts 01930 
(phone: 978-281-9279, fax: 978-281-9135, e-mail: 
[email protected]) and from NAFO on the World Wide Web at 
http://www.nafo.ca.

FOR FURTHER INFORMATION CONTACT: Patrick E. Moran, 301-713-2276.

SUPPLEMENTARY INFORMATION:

Background

    NAFO has established and maintains conservation measures in its 
Regulatory Area that include one effort limitation fishery as well as 
fisheries with total allowable catches (TACs) and member nation quota 
allocations. The principal species managed are cod, flounder, redfish, 
American plaice, halibut, capelin, shrimp, and squid. At the 2004 NAFO 
Annual Meeting, the United States received fish quota allocations for 
three NAFO stocks and an effort allocation for one NAFO stock to be 
fished during 2005. The species, location, and allocation (in metric 
tons or effort) of these U.S. fishing opportunities, as found in 
Annexes I.A, I.B, and I.C of the 2005 NAFO Conservation and Enforcement 
Measures, are as follows:

(1) Redfish                              NAFO Division 3M  69 mt
(2) Squid (Illex)                        NAFO Subareas 3   453 mt
                                          & 4
(3) Shrimp                               NAFO Division 3L  144 mt
(4) Shrimp                               NAFO Division 3M  1 vessel/100
                                                            days
 

    Additionally, U.S. vessels may be authorized to fish any available 
portion

[[Page 77673]]

of the 1,000 mt allocation of oceanic redfish in NAFO Subarea 2 and 
Divisions 1F and 3K allocated to NAFO members that are not also members 
of the Northeast Atlantic Fisheries Commission. Fishing opportunities 
may also be authorized for U.S. fishermen in the ``Others'' category 
for: Division 3LNO yellowtail flounder (76 mt); Division 3NO white hake 
(500 mt); Division 3LNO skates (500 mt); and Division 3O redfish (100 
mt). Procedures for obtaining NMFS authorization are specified below.

U.S. Fish Quota Allocations

    Expressions of interest to fish for any or all of the U.S. fish 
quota allocations and ``Others'' category allocations in NAFO will be 
considered from U.S. vessels in possession of a valid High Seas Fishing 
Compliance (HSFC) permit, which is available from the NMFS Northeast 
Regional Office (see ADDRESSES). All expressions of interest should be 
directed in writing to Patrick E. Moran (see ADDRESSES). Letters of 
interest from U.S. vessel owners should include the name, registration, 
and home port of the applicant vessel as required by NAFO in advance of 
fishing operations. In addition, any available information on intended 
target species and dates of fishing operations should be included. To 
ensure equitable access by U.S. vessel owners, NMFS may promulgate 
regulations designed to choose one or more U.S. applicants from among 
expressions of interest.
    Note that vessels issued valid HSFC permits under 50 CFR part 300 
are exempt from multispecies permit, mesh size, effort-control, and 
possession limit restrictions, specified in 50 CFR parts 648.4, 648.80, 
648.82 and 648.86, respectively, while transiting the U.S. exclusive 
economic zone (EEZ) with multispecies on board the vessel, or landing 
multispecies in U.S. ports that were caught while fishing in the NAFO 
Regulatory Area, provided:
    (1) The vessel operator has a letter of authorization issued by the 
Regional Administrator on board the vessel;
    (2) For the duration of the trip, the vessel fishes, except for 
transiting purposes, exclusively in the NAFO Regulatory Area and does 
not harvest fish in, or possess fish harvested in, or from, the U.S. 
EEZ;
    (3) When transiting the U.S. EEZ, all gear is properly stowed in 
accordance with one of the applicable methods specified in 50 CFR part 
648.23(b); and
    (4) The vessel operator complies with the HSFC permit and all NAFO 
conservation and enforcement measures while fishing in the NAFO 
Regulatory Area.

U.S. 3M Effort Allocation

    Expressions of interest in harvesting the U.S. portion of the 2005 
NAFO 3M shrimp effort allocation (1 vessel/100 days) will be considered 
from owners of U.S. vessels in possession of a valid HSFC permit. All 
expressions of interest should be directed in writing to Patrick E. 
Moran (see ADDRESSES).
    Letters of interest from U.S. vessel owners should include the 
name, registration and home port of the applicant vessel as required by 
NAFO in advance of fishing operations. In the event that multiple 
expressions of interest are made by U.S. vessel owners, NMFS may 
promulgate regulations designed to choose one U.S. applicant from among 
expressions of interest.

NAFO Conservation and Management Measures

    Relevant NAFO Conservation and Enforcement Measures include, but 
are not limited to, maintenance of a fishing logbook with NAFO-
designated entries; adherence to NAFO hail system requirements; 
presence of an on-board observer; deployment of a functioning, 
autonomous vessel monitoring system; and adherence to all relevant 
minimum size, gear, bycatch, and other requirements. Further details 
regarding these requirements are available from the NMFS Northeast 
Regional Office, and can also be found in the current NAFO Conservation 
and Enforcement Measures on the Internet (see ADDRESSES).

Chartering Arrangements

    In the event that no adequate expressions of interest in harvesting 
the U.S. portion of the 2005 NAFO 3L shrimp quota allocation and/or 3M 
shrimp effort allocation are made on behalf of U.S. vessels, 
expressions of interest will be considered from U.S. fishing interests 
intending to make use of vessels of other NAFO Parties under chartering 
arrangements to fish the 2005 U.S. quota allocation for 3L shrimp and/
or the effort allocation for 3M shrimp. Under NAFO rules in effect 
through 2005, a vessel registered to another NAFO Contracting Party may 
be chartered to fish the U.S. effort allocation provided that written 
consent for the charter is obtained from the vessel's flag state and 
the U.S. allocation is transferred to that flag state. NAFO Parties 
must be notified of such a chartering operation through a mail 
notification process.
    A NAFO Contracting Party wishing to enter into a chartering 
arrangement with the United States must be in full current compliance 
with the requirements outlined in the NAFO Convention and Conservation 
and Enforcement Measures including, but not limited to, submission of 
the following reports to the NAFO Executive Secretary: provisional 
monthly catches within 30 days following the calendar month in which 
the catches were made; provisional daily catches of shrimp taken from 
Division 3L; provisional monthly fishing days in Division 3M within 30 
days following the calendar month in which the catches were made; 
observer reports within 30 days following the completion of a fishing 
trip; and an annual statement of actions taken in order to comply with 
the NAFO Convention. Furthermore, the United States may also consider a 
Contracting Party's previous compliance with the NAFO incidental catch 
limits, as outlined in the NAFO Conservation and Enforcement Measures, 
before entering into a chartering arrangement.
    Expressions of interest from U.S. fishing interests intending to 
make use of vessels from another NAFO Contracting Party under 
chartering arrangements should include information required by NAFO 
regarding the proposed chartering operation, including: the name, 
registration and flag of the intended vessel; a copy of the charter; 
the fishing opportunities granted; a letter of consent from the 
vessel's flag state; the date from which the vessel is authorized to 
commence fishing on these opportunities; and the duration of the 
charter (not to exceed six months). More details on NAFO requirements 
for chartering operations are available from NMFS (see ADDRESSES). In 
addition, expressions of interest for chartering operations should be 
accompanied by a detailed description of anticipated benefits to the 
United States. Such benefits might include, but are not limited to, the 
use of U.S. processing facilities/personnel; the use of U.S. fishing 
personnel; other specific positive effects on U.S. employment; evidence 
that fishing by the chartered vessel actually would take place; and 
documentation of the physical characteristics and economics of the 
fishery for future use by the U.S. fishing industry.
    In the event that multiple expressions of interest are made by U.S. 
fishing interests proposing the use of chartering operations, the 
information submitted regarding benefits to the United States will be 
used in making a selection. In the event that applications by U.S. 
fishing interests proposing the use of chartering operations are 
considered, all applicants will be made aware of the allocation 
decision as soon as possible.

[[Page 77674]]

Once the allocation has been awarded for use in a chartering operation, 
NMFS will immediately take appropriate steps to notify NAFO and 
transfer the U.S. 3L shrimp quota allocation and/or the 3M shrimp 
effort allocation to the appropriate Contracting Party.
    After reviewing all requests for allocations submitted, NMFS may 
decide not to grant any allocations if it is determined that no 
requests meet the criteria described in this notice. All individuals/
companies submitting expressions of interest to NMFS will be contacted 
if an allocation has been awarded. Please note that if the U.S. portion 
of the 2005 NAFO 3L shrimp quota allocation and/or 3M shrimp effort 
allocation is awarded to a U.S. vessel or a specified chartering 
operation, it may not be transferred without the express, written 
consent of NMFS.

    Dated: December 22, 2004.
John H. Dunnigan,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 04-28366 Filed 12-27-04; 8:45 am]
BILLING CODE 3510-22-S