[Federal Register Volume 74, Number 235 (Wednesday, December 9, 2009)]
[Rules and Regulations]
[Pages 65036-65038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29330]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

RIN 0648-XT20


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:  Effective January 1, 2010, through December 31, 2010. 
Expressions of interest regarding U.S. fish quota allocations for all 
species except 3L shrimp will be accepted throughout 2010. Expressions 
of interest regarding the U.S. 3L shrimp quota allocation, the 3M 
shrimp effort allocation, and the 3LNO yellowtail flounder to be 
transferred by Canada will be accepted through December 24, 2009.

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 International Affairs, 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 (HSFCA) 
Permit is available from Allison McHale, at the NMFS Northeast Regional 
Office at 55 Great Republic Drive, Gloucester, MA 01930 (phone: 978-
281-9103, fax: 978-281-9135, e-mail: [email protected]) and from 
NAFO on the World Wide Web at http://www.nafo.int.

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. The United States 
received fish quota allocations for three NAFO stocks and an effort 
allocation for one NAFO stock to be fished during 2010. 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 
2009 NAFO Conservation and Enforcement Measures, are as follows:

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(1) Redfish                                                          NAFO Division 3M                     69 mt
(2) Squid (Illex)                                                 NAFO Subareas 3 & 4                    453 mt
(3) Shrimp                                                           NAFO Division 3L                    334 mt

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(4) Shrimp                                                           NAFO Division 3M          l vessel/50 days
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    Additionally, the United States may be transferred up to 1,000 mt 
of 3LNO yellowtail flounder from Canada's quota allocation for express 
use by U.S. vessels if the United States requests a transfer before 
January 1 of 2010 or any succeeding year through 2017. If such a 
request is made, an additional 500 mt of 3LNO yellowtail flounder could 
be made available on the condition that the United States transfers its 
shrimp allocation to Canada or through some other arrangement. 
Participants in this fishery will be restricted to an overall bycatch 
harvest limit for American plaice equal to 15% of the total yellowtail 
fishery.
    Further, U.S. vessels may be authorized to fish any available 
portion of the 385 mt allocation of oceanic redfish in NAFO Subarea 2 
and Divisions 1F and 3K available 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 (85 mt); 
Division 3NO white hake (353 mt); Division 3LNO skates (444 mt); 
Division 3M cod (22 mt), 3LN redfish (21mt), 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 2010 U.S. 
fish quota allocations, including the up to 1,500 mt of yellowtail 
flounder to be transferred by Canada under the circumstances described 
above, and ``Others'' category allocations in NAFO will be considered 
from U.S. vessels in possession of, or eligible for, a valid HSFCA 
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 HSFCA permits under 50 CFR part 300 
are exempt from multispecies permit, mesh size, effort-control, and 
possession limit restrictions, specified in 50 CFR 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 
648.23(b); and
    (4) The vessel operator complies with the HSFCA 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 2010 
NAFO 3M shrimp effort allocation (1 vessel/50 days) will be considered 
from owners of U.S. vessels in possession of a valid HSFCA 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 and Transfer of Quota Arrangements

    In the event that no adequate expressions of interest in harvesting 
the U.S. portion of the 2010 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 through a 
transfer of quota allocated to the U.S. or under chartering 
arrangements to fish the 2010 U.S. quota allocation for 3L shrimp and/
or the effort allocation for 3M shrimp. Under NAFO rules in effect 
through 2010, a vessel registered to another NAFO Contracting Party may 
be chartered to fish the U.S. shrimp quota and effort allocations 
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, and notification to NMFS of any interruption in or 
the termination of the charter fishing activities. Furthermore, the 
United States may also consider a Contracting Party's previous 
compliance with the NAFO bycatch provisions, 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

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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 transfer of quota allocated to the U.S. 
or chartering operations to fish quota allocated to the United States, 
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. 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 any 2010 NAFO quota allocation and/or effort allocation, or the 3LNO 
yellowtail flounder transferred from Canada 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 3, 2009.
Rebecca Lent,
Director, Office of International Affairs, National Marine Fisheries 
Service.
[FR Doc. E9-29330 Filed 12-8-09; 8:45 am]
BILLING CODE 3510-22-S