[Federal Register Volume 79, Number 14 (Wednesday, January 22, 2014)]
[Notices]
[Pages 3571-3573]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-01084]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XD076


International Affairs; U.S. Fishing Opportunities 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 opportunities.

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SUMMARY: NMFS announces fishing opportunities in the Northwest Atlantic 
Fisheries Organization (NAFO) Regulatory Area. This action is necessary 
to make fishing privileges available on an equitable basis.

DATES: Effective January 1, 2014, through December 31, 2014. 
Expressions of interest regarding fishing opportunities in NAFO will be 
accepted through February 6, 2014.

ADDRESSES: Expressions of interest regarding U.S. fishing opportunities 
in NAFO should be made in writing to Douglas W. Christel in the NMFS 
Northeast Regional Office, at 55 Great Republic Drive, Gloucester, MA 
01930 (phone: 978-281-9141, email: [email protected]).
    Information relating to chartering vessels of another NAFO 
Contracting Party, or transferring NAFO fishing opportunities to or 
from another NAFO Contracting Party is available from 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 fishing 
opportunities, 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: Douglas W. Christel, 978-281-9141.

SUPPLEMENTARY INFORMATION: 

What fishing opportunities are available?

    The principal species managed by NAFO are cod, flounder, redfish, 
American plaice, halibut, hake, capelin, shrimp, skates and Illex 
squid. NAFO maintains conservation measures for fishery resources in 
its Regulatory Area that are managed by total allowable catches (TACs) 
and allocated among NAFO Contracting Parties. At the 2013 NAFO Annual 
Meeting, the United States received national quota allocations for 
three NAFO stocks to be fished during 2014. However, only redfish and 
squid will be made available to U.S. fishing interests during 2014, as 
further described below. The species, location, and allocation (in 
metric tons (mt)) of these 2014 U.S. fishing opportunities, as found in 
Annexes I.A, I.B, and I.C of the 2014 NAFO Conservation and Enforcement 
Measures, are as follows:
    1. Redfish, NAFO Division 3M, 69 mt.
    2. Squid (Illex), NAFO Subareas 3 & 4, 453 mt.
    3. Shrimp, NAFO Division 3L, 48 mt.
    Additionally, the United States may be transferred up to 1,000 mt 
of NAFO Division 3LNO yellowtail flounder from

[[Page 3572]]

Canada's quota allocation if requested before January 1 of each year, 
or any succeeding year through 2018, based upon a bilateral arrangement 
with Canada. The United States has already requested this 1,000 mt of 
Division 3LNO yellowtail flounder from Canada for 2014. The arrangement 
with Canada also states that up to 500 mt of additional Division 3LNO 
yellowtail flounder could be made available on the condition that the 
United States transfers its Division 3L shrimp allocation (48 mt in 
2014) to Canada. However, the United States will not be requesting such 
an additional transfer during 2014 due to the poor status of the 
Division 3L shrimp stock. More information on this situation is 
provided below. The arrangement for the transfer of Canadian yellowtail 
flounder quota would enable U.S. vessels to harvest American plaice as 
bycatch in the yellowtail flounder fishery in an amount equal to 15 
percent of the total yellowtail flounder quota transferred to the 
United States. Additional quota for these and other stocks managed 
within the NAFO Regulatory Area may be available to U.S. vessels 
through industry-initiated chartering arrangements or transfers of 
quota from other NAFO Contracting Parties.
    As noted above, the United States received a Division 3L shrimp 
allocation of 48mt for 2014. However, at the 2013 NAFO Annual Meeting, 
the NAFO Scientific Council recommended closure of the 3L shrimp 
fishery due to on-going decline in this shrimp stock. Following 
contentious discussion and a closed-session vote on the issue, NAFO 
adopted a 50-percent reduction in the 2014 TAC for 3L shrimp. This 
decision to act in contravention to the best available scientific 
advice was not supported by the United States (and a number of other 
NAFO Parties). Thus, the United States will not make its 2014 
allocation of Division 3L shrimp available for harvest, charter or 
trade this year.
    U.S. fishermen may also access stocks in which the United States 
has not received a national quota (also known as the ``Others'' 
allocation), including: Division 3M cod (58 mt); Division 3LN redfish 
(42 mt); Division 3O redfish (100 mt); Division 3NO white hake (59 mt); 
and Division 3LNO skates (258 mt). Note that the United States shares 
these allocations with other NAFO Contracting Parties, and access to 
such stocks is on a first-come-first-served basis. Fishing is halted by 
NAFO when the ``Others'' allocation for a particular stock has been 
fully harvested.
    U.S. fishermen interested in harvesting species not currently 
regulated by NAFO, but occurring within the NAFO Regulatory Area, 
should contact the NMFS Northeast Regional Office for information 
regarding permitting and other requirements.

Who can apply for these fishing opportunities?

    Expressions of interest to fish for any or all of the 2014 U.S. 
fishing opportunities in NAFO described above will be considered from 
all U.S. fishing interests (e.g., vessel owners, processors, agents, 
others). Applicants are urged to carefully review and thoroughly 
address the application requirements and selection criteria as detailed 
below. Expressions of interest should be directed in writing to Douglas 
W. Christel (see ADDRESSES).

What information is required in an application letter?

    Expressions of interest should include a detailed description of 
anticipated fishing operations in 2014. This includes, but is not 
limited to, the following elements: intended target species; proposed 
dates of fishing operations; vessels to be used to harvest fish, 
including the name, registration, and home port of the intended 
harvesting vessel, as appropriate; the number of fishing personnel 
involved in vessel operations; intended landing port; for landing ports 
outside of the United States, whether or not the product will be 
shipped to the United States for processing; processing facilities to 
be employed; target market for harvested fish; and evidence 
demonstrating the ability of the applicant to successfully prosecute 
fishing operations in the NAFO Regulatory Area. Note that U.S. 
applicant vessels must be in possession of, or eligible for, a valid 
HSFCA permit, which is available from the NMFS Northeast Regional 
Office. Information regarding other requirements for fishing in the 
NAFO Regulatory Area is detailed below and is also available from the 
NMFS Northeast Regional Office (see ADDRESSES). U.S. applicants wishing 
to harvest U.S. allocations using a vessel from another NAFO 
Contracting Party, or hoping to transfer U.S. allocations to another 
NAFO Contracting Party, should see below for details on U.S. and NAFO 
requirements for such activities. If you have further questions 
regarding what information is required in an expression of interest, 
please contact Douglas W. Christel (see ADDRESSES).

What criteria will be used in identifying successful applicants?

    Applicants demonstrating the greatest benefits to the United States 
through their intended operations will be most successful. Such 
benefits might include (but are not limited to): the use of U.S 
vessels; detailed, positive impacts on U.S. employment; use of U.S. 
processing facilities; transport, marketing and sales of product within 
the United States; other benefits to U.S. businesses; and documentation 
of the physical characteristics and economics of the fishery for future 
use by the U.S. fishing industry. A documented history of successful 
fishing operations in NAFO or other similar fisheries will also be 
considered. After reviewing all requests for allocations submitted, 
NMFS may decide not to grant any allocations if it is determined that 
no requests adequately meet the criteria described in this notice. To 
ensure equitable access by U.S. fishing interests, NMFS may provide 
additional guidance or procedures, or may promulgate regulations 
designed to allocate fishing interests to one or more U.S. applicants 
from among qualified applicants.
    All applicants will be notified of the allocation decision as soon 
as possible. Once allocations have been awarded, NMFS will immediately 
take appropriate steps to notify NAFO and other appropriate actions to 
facilitate operations by U.S. fishing interests.

What if I want to charter a vessel to fish available U.S. allocations?

    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. For other NAFO-
regulated stocks, the United States may enter into a chartering 
arrangement with a vessel from any other NAFO Contracting Party. Prior 
notification to the NAFO Executive Secretary is necessary in either 
case. Expressions of interest intending to make use of another NAFO 
Contracting Party vessel under chartering arrangements should provide 
the following information: the name and registration number of the 
intended vessel; a copy of the charter agreement; a detailed fishing 
plan; a written letter of consent from the applicable NAFO Contracting 
Party; the date from which the vessel is authorized to commence 
fishing; and the duration of the charter (not to exceed six months). 
Note that expressions of interest using another NAFO Contracting Party 
vessel under charter should be accompanied by a detailed description of 
anticipated

[[Page 3573]]

benefits to the United States, as described above.
    Any 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. These requirements include, but are not limited to, 
submission of the following reports to the NAFO Executive Secretary: 
notification that the vessel is authorized by its flag state to fish 
within the NAFO Regulatory Area during 2014; provisional monthly catch 
reports for all vessels of that NAFO Contracting Party operating in the 
NAFO Regulatory Area; daily catch reports for each day fished by the 
subject vessel within the Regulatory Area; observer reports within 30 
days following the completion of a fishing trip; and an annual 
statement of actions taken by its flag state to comply with the NAFO 
Convention. 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 for chartering operations are available from Patrick E. 
Moran (see ADDRESSES).

What if I want to arrange for a transfer of U.S. quota allocations to 
another NAFO party?

    Under NAFO rules in effect for 2014, the United States may transfer 
fishing opportunities with the consent of the receiving NAFO 
Contracting Party and with prior notification to the NAFO Executive 
Secretary. An applicant may request to arrange for any of the above 
U.S. opportunities to be transferred to another NAFO party, although 
such applications will likely to be given lesser priority than those 
that involve more direct harvesting or processing by U.S. entities. 
Applications to arrange for a transfer of U.S. fishing opportunities 
should contain a letter of consent from the receiving NAFO Contracting 
Party, and should also be accompanied by a detailed description of 
anticipated benefits to the United States. As in the case of chartering 
operations, the United States may also consider a NAFO Contracting 
Party's previous compliance with NAFO bycatch, reporting and other 
provisions, as outlined in the NAFO Conservation and Enforcement 
Measures, before entering agreeing to a transfer. More details on NAFO 
requirements for transferring NAFO allocations are available from 
Patrick E. Moran (see ADDRESSES).

What if I want to arrange to receive a transfer of NAFO quota 
allocations from another NAFO party?

    Under NAFO rules in effect for 2014, the United States may receive 
transfers of additional fishing opportunities from other NAFO 
Contracting Parties. The United States is required to provide a letter 
of consent to this transfer and prior notification to the NAFO 
Executive Secretary. In the event that an applicant is able to arrange 
for the transfer of additional fishing opportunities from a fishing 
company of another NAFO Contracting Party, the United States may agree 
to facilitate such a transfer insofar as fulfilling the NAFO 
requirements for such transfers after soliciting additional public 
input on such transfers as appropriate. As in the case of chartering 
operations, the United States may also consider a NAFO Contracting 
Party's previous compliance with NAFO bycatch, reporting and other 
provisions, as outlined in the NAFO Conservation and Enforcement 
Measures, before agreeing to accept a transfer. Any fishing quota or 
other harvesting opportunities received via this type of transfer are 
subject to all U.S and NAFO rules as detailed below. For more details 
on NAFO requirements for transferring NAFO allocations, contact Patrick 
E. Moran (see ADDRESSES).

What rules must I follow while fishing?

    U.S. applicant vessels must be in possession of, or obtain, a valid 
HSFCA permit, which is available from the NMFS Northeast Regional 
Office. Note that vessels issued valid HSFCA permits under 50 CFR part 
300 are exempt from the Northeast multispecies and monkfish permit, 
mesh size, effort-control, and possession limit restrictions, specified 
in 50 CFR 648.4, 648.80, 648.82, 648.86, 648.87, 648.91, 648.92, and 
648.94, respectively, while transiting the U.S. exclusive economic zone 
(EEZ) with multispecies and/or monkfish on board the vessel, or landing 
multispecies and/or monkfish 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 provisions/conditions 
specified on the HSFCA permit and all NAFO conservation and enforcement 
measures while fishing in the NAFO Regulatory Area.
    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 authorized by issuance of the HSFCA 
permit; and adherence to all relevant minimum size, gear, bycatch, and 
other requirements. Further details regarding U.S. and NAFO 
requirements are available from the NMFS Northeast Regional Office, and 
can also be found in the 2014 NAFO Conservation and Enforcement 
Measures on the Internet (see ADDRESSES).

    Dated: January 15, 2014.
Rodney R. McInnis,
Acting Director, Office of International Affairs, National Marine 
Fisheries Service.
[FR Doc. 2014-01084 Filed 1-21-14; 8:45 am]
BILLING CODE 3510-22-P