[Federal Register Volume 76, Number 228 (Monday, November 28, 2011)]
[Notices]
[Pages 72907-72908]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-30520]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XA845


International Affairs; U.S. Fishing Opportunity in the Northwest 
Atlantic Fisheries Organization Regulatory Area

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

ACTION: Notification of U.S. fishing opportunity.

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SUMMARY: NMFS announces a U.S. fishing opportunity for 1,000 mt 
yellowtail flounder in Division 3LNO of the Northwest Atlantic 
Fisheries Organization (NAFO) Regulatory Area during 2011. This action 
is necessary to make available this U.S. fishing opportunity on an 
equitable basis.

DATES: Expressions of interest regarding NAFO Division 3LNO yellowtail 
flounder will be accepted through December 13, 2011. Fishing operations 
must take place during 2011.

ADDRESSES: Expressions of interest regarding NAFO Division 3LNO 
yellowtail flounder 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) 427-8370, fax: (301) 713-2313, 
email: [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 Douglas Christel, at the NMFS Northeast 
Regional Office at 55 Great Republic Drive, Gloucester, MA 01930 
(phone: (978) 281-9141, fax: (978) 281-9135, email: 
[email protected]) and from NAFO on the World Wide Web at 
http://www.nafo.int.

FOR FURTHER INFORMATION CONTACT: Patrick E. Moran, (301) 427-8370.

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. The 
United States currently receives no yellowtail flounder allocation from 
NAFO. However, as the result of a bilateral arrangement with Canada, 
the United States may request a transfer of up to 1,000 mt of NAFO 
Division 3LNO yellowtail flounder from Canada's quota allocation for 
use by U.S. vessels during 2011, or any succeeding year through 2017. 
In January 2011, this fishing opportunity was announced in the Federal 
Register and two U.S. vessels were subsequently identified to harvest 
the fish during 2011. Due to changing economic and other circumstances, 
these vessels will now be unable to fish during 2011. New procedures 
for obtaining NMFS authorization to fish for NAFO Division 3LNO 
yellowtail are specified below.

U.S. Fishing Vessel Applicants

    Expressions of interest to fish 1,000 mt of yellowtail flounder in 
NAFO Division 3LNO will once again 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 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:

[[Page 72908]]

    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 Sec.  
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).

Chartering Operations Using Canadian Vessels

    In the event that no adequate expressions of interest in harvesting 
NAFO Division 3LNO yellowtail flounder during 2011 are made on behalf 
of U.S. vessels, expressions of interest will be considered from U.S. 
processors and other fishing interests intending to make use of a 
Canadian vessel under a chartering arrangement. Under the bilateral 
arrangement with Canada, the United States may enter into a chartering 
(or other) arrangement with a Canadian vessel to harvest the 
transferred yellowtail flounder. Prior notification to the NAFO 
Executive Secretary is necessary in this case. Expressions of interest 
from U.S. processors and other fishing interests intending to make use 
of a Canadian vessel under chartering arrangements should provide the 
following information: the name and registration number of the intended 
vessel; a copy of the charter; a detailed fishing plan, and a written 
letter of consent from the Department of Fisheries and Oceans, Canada. 
In addition, expressions of interest using a Canadian vessel under 
charter 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; marketing of the product in the United States; 
other specific positive effects on U.S. employment; evidence that 
fishing by the Canadian vessel will actually take place; and any 
available documentation of the physical characteristics and economics 
of the fishery for future use by the U.S. fishing industry.
    Any Canadian vessel 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; 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 the vessel'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. More details on NAFO requirements are available 
from NMFS (see ADDRESSES).
    In the event that multiple expressions of interest are made by U.S. 
fishing vessels, processors, or interests to fish for NAFO Division 
3LNO yellowtail in 2011, the information submitted regarding benefits 
to the United States will be used in making a selection. 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. Once a decision has been made 
regarding the disposition of the fishing opportunity, NMFS will 
immediately take appropriate steps to notify all applicants and will 
contact Canada and NAFO to take appropriate action. If the 3LNO 
yellowtail flounder transferred from Canada is awarded to a U.S. vessel 
or a specified chartering operation during 2011, it may not be 
transferred without the express, written consent of NMFS.

    Dated: November 22, 2011.
Rebecca Lent,
Director, Office of International Affairs, National Marine Fisheries 
Service.
[FR Doc. 2011-30520 Filed 11-25-11; 8:45 am]
BILLING CODE 3510-22-P