[Federal Register Volume 76, Number 3 (Wednesday, January 5, 2011)]
[Rules and Regulations]
[Pages 464-465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-33312]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

RIN 0648-XA125


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.

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SUMMARY: NMFS announces that fish quotas 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, 2011, through December 31, 2011. 
Expressions of interest regarding U.S. fish quota allocations for all 
species except Division 3L shrimp and Division 3M redfish will be 
accepted throughout 2011. Expressions of interest regarding the U.S. 3L 
shrimp and 3M redfish quota allocations and the 3LNO yellowtail 
flounder to be transferred by Canada will be accepted through January 
20, 2011.

ADDRESSES: Expressions of interest regarding U.S. 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, hake, capelin, shrimp, skates and squid. At 
the 2010 NAFO Annual Meeting, the United States received fish quota 
allocations for three NAFO stocks to be fished during 2011. Please note 
that NAFO has eliminated the Division 3M shrimp effort allocation for 
2011 due to conservation concerns. Fishing opportunities for this stock 
will be re-opened when the NAFO Scientific Council advice estimates 
that the stock is showing signs of recovery.
    The species, location, and allocation (in metric tons) of 2011 U.S. 
fishing opportunities, as found in Annexes I.A, I.B, and I.C of the 
2011 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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    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 2011, 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 
3L 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 (40 mt), 3LN redfish (35 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 2011 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

[[Page 465]]

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.

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).

Transfer and Chartering of U.S. Quota Allocations

    In the event that no adequate expressions of interest in harvesting 
the U.S. portion of the 2011 NAFO Division 3M redfish quota 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 
United States. Under NAFO rules in effect for 2011, the United States 
may transfer fishing possibilities with the consent of the receiving 
Contracting Party and with prior notification to the NAFO Executive 
Secretary. Expressions of interest from U.S. fishing interests 
intending to make use of vessels from another NAFO Contracting Party 
through a transfer of quota allocated to the United States should 
include a letter of consent from the vessel's flag state. In addition, 
expressions of interest for transfers 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 recipient NAFO Contracting Party actually would take 
place; and any available documentation of the physical characteristics 
and economics of the fishery for future use by the U.S. fishing 
industry.
    In the event that no adequate expressions of interest in harvesting 
the U.S. portion of the 2011 NAFO Division 3L shrimp quota 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 2011 
U.S. quota allocation for 3L shrimp. Under NAFO rules in effect through 
2011, a vessel registered to another NAFO Contracting Party may be 
chartered to fish the U.S. shrimp quota 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; 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 the 
termination of the charter fishing activities. Furthermore, the United 
States may also consider a Contracting Party's previous compliance with 
NAFO bycatch, reporting and other 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 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 Division 3L redfish quota 
allocated to the United States, or chartering operations to fish 
Division 3L shrimp 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 transfer or 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, NMFS will immediately take appropriate steps to notify NAFO to 
take appropriate action .
    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 2011 NAFO quota 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 30, 2010.
Rebecca Lent,
Director, Office of International Affairs, National Marine Fisheries 
Service.
[FR Doc. 2010-33312 Filed 1-4-11; 8:45 am]
BILLING CODE 3510-22-P