[Federal Register Volume 82, Number 26 (Thursday, February 9, 2017)]
[Notices]
[Pages 9987-9991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02626]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF196


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: We are announcing 2017 fishing opportunities in the Northwest 
Atlantic Fisheries Organization (NAFO) Regulatory Area. This action is 
necessary to make fishing privileges available on an equitable basis. 
The intended effect of this notice is to alert U.S. fishing vessels of 
the NAFO fishing opportunities, to relay the available quotas available 
to U.S. participants, and to outline the process and requirements for 
vessels to apply to participate in the 2017 NAFO fishery.

DATES: Effective January 1, 2017, through December 31, 2017. 
Expressions of interest regarding fishing opportunities in NAFO will be 
accepted through February 24, 2017.

ADDRESSES: Expressions of interest regarding U.S. fishing opportunities 
in NAFO should be made in writing to John K. Bullard, U.S. Commissioner 
to NAFO, NMFS Greater Atlantic Regional Fisheries Office at 55 Great 
Republic Drive, Gloucester, MA 01930 (phone: 978-281-9315, email: 
[email protected]).
    Information relating to chartering vessels of another NAFO 
Contracting Party, transferring NAFO fishing opportunities to or from 
another NAFO Contracting Party, or U.S. participation in NAFO is 
available from Patrick E. Moran in the NMFS Office of International 
Affairs and Seafood Inspection at 1315 East-West Highway, Silver 
Spring, MD 20910 (phone: 301-427-8370, fax: 301-713-2313, email: 
[email protected]).
    Additional information about NAFO fishing opportunities, NAFO 
Conservation and Enforcement Measures (CEM), and the High Seas Fishing 
Compliance Act (HSFCA) Permit required for NAFO participation is 
available from Moira Kelly, in the NMFS Greater Atlantic Regional 
Fisheries Office at 55 Great Republic Drive, Gloucester, MA 01930 
(phone: 978-281-9218, fax: 978-281-9135, email: 
mailto:[email protected][email protected]) and online from 
NAFO at https://www.nafo.int.

FOR FURTHER INFORMATION CONTACT: Moira Kelly, (978) 281-9218.

SUPPLEMENTARY INFORMATION:

General NAFO Background

    The United States is a Contracting Party to the Northwest Atlantic 
Fisheries Organization (NAFO). NAFO is an intergovernmental fisheries 
science and management body whose convention on Northwest Atlantic 
Fisheries applies to most fishery resources in international waters of 
the Northwest Atlantic, except salmon, tunas/marlins, whales, and 
sedentary species such as shellfish. Currently, NAFO has 12 Members 
from North America, Europe, Asia, and the Caribbean. In addition to the 
United States, the remaining three coastal states bordering the 
Convention Area are members: Canada, France (in respect of St. Pierre 
et Miquelon), and Denmark (in respect of the Faroe Islands and 
Greenland). NAFO's Fisheries Commission is responsible for the 
management and conservation of the fishery resources of the Regulatory 
Area (waters outside the Exclusive Economic

[[Page 9988]]

Zones (EEZs)). Figure 1 shows the NAFO Regulatory Area.
[GRAPHIC] [TIFF OMITTED] TN09FE17.000

    As a Contracting Party within NAFO, the United States may be 
allocated specific catch quotas or effort allocations for certain 
species in specific areas within the NAFO Regulatory Area and may 
participate in fisheries for other species for which we have not 
received a specific quota. Stocks for which the United States does not 
receive an allocation, known as the ``Others'' allocation under the 
Convention, are shared access between all NAFO Contracting Parties.
    Additional information on NAFO can be found online at https://www.nafo.int/About-us. The 2017 NAFO Conservation and Enforcement 
Measures (CEM) that outline the fishery regulations, Total Allowable 
Catches (TACs or ``quotas'') and other information about the fishery 
program are available online at: https://www.nafo.int/Fisheries/Conservation.
    This notice announces the fishing opportunities available to U.S. 
vessels in NAFO regulatory waters, including specific 2017 stocks for 
which the United States has an allocation under NAFO, and fishing 
opportunities under the `other' NAFO allocations This notice also 
outlines the application process and other requirements for U.S. 
vessels that wish to participate in the 2017 NAFO fisheries.

NAFO Fishing Opportunities Available to U.S. Fishing Vessels

    The principal species managed by NAFO are Atlantic cod, yellowtail 
and witch flounders, Acadian redfish, American plaice, Greenland 
halibut, white hake, capelin, shrimp, skates, and Illex squid. NAFO 
maintains conservation measures for fisheries on these species 
occurring in its Regulatory Area, including TACs for these managed 
species that are allocated among NAFO Contracting Parties. The United 
States received quota allocations at the 2016 NAFO Annual Meeting for 
two stocks to be fished during 2017. The species, location by NAFO 
subarea, and allocation (in metric tons (mt)) of these 2017 U.S. 
fishing opportunities are as follows: Redfish in Division 3M, 69 mt; 
and Illex Squid in Subareas 3 & 4, 453 mt. In addition, the United 
States has been transferred 1,000 mt of NAFO Division 3LNO yellowtail 
flounder from Canada's 2017 quota allocation

[[Page 9989]]

consistent with a bilateral arrangement between the two countries.
    The TACs which may be available to U.S. vessels for stocks where 
the United States has not been allocated quota (i.e., the ``Others'' 
allocation in Annex I.A of the CEM) are as follows:

              Table 1--2017 NAFO ``Others'' Allocation TACs
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              Species                   NAFO division        TAC (mt)
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Cod...............................  3M..................              56
Redfish...........................  3LN.................              85
                                    3M..................             124
                                    3O..................             100
Yellowtail Flounder...............  3LNO................              85
Witch Flounder....................  3NO.................              22
White Hake........................  3NO.................              59
Skates............................  3LNO................             258
Illex squid.......................  Squid 3_4 (Sub-Areas             794
                                     3+4).
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    Note that the United States shares these allocations with other 
NAFO Contracting Parties, and access is on a first come, first served 
basis. Directed fishing is stopped by NAFO when the ``Others'' TAC for 
a particular stock has been fully harvested.
    Additional directed quota for these and other stocks managed within 
the NAFO Regulatory Area could be made available to U.S. vessels 
through industry-initiated chartering arrangements or transfers of 
quota from other NAFO Contracting Parties.
    U.S. vessels participating in NAFO may also retain bycatch of NAFO 
managed species to the following maximum amounts as outlined in Article 
6 of the 2017 CEM. The percentage, by weight, is calculated as a 
percent of each stock of the total catch of species listed in Annex I.A 
(i.e., the NAFO managed stocks previously listed) retained onboard from 
the applicable division at the time of inspection, based on logbook 
information:
    1. Cod, Division 3M: 1,250 kg or 5 percent, whichever is more;
    2. Witch Flounder, Division 3M: 1,250 kg or 5 percent, whichever is 
more;
    3. Redfish, Division 3LN: 1,250 kg or 5 percent, whichever is more;
    4. Cod, Division 3NO: 1,000 kg or 4 percent, whichever is more;
    5. For all other Annex I.A stocks where the U.S. has no specific 
quota the bycatch limit is, 2,500 kg or 10 percent unless a ban on 
fishing applies or the quota for the stock has been fully utilized. If 
the fishery for the stock is closed or a retention ban applies, the 
permitted bycatch limit is 1,250 kg or 5 percent; and
    6. For the directed yellowtail flounder fishery in Divisions 3LNO 
(where the United States has a 1,000 mt yellowtail flounder allocation 
in 2016) vessels may retain 15 percent of American plaice.
    Opportunities to fish for species not listed above (i.e., species 
listed in Annex I.A of the 2017 NAFO CEM and non-allocated on non-
regulated species), but occurring within the NAFO Regulatory Area, may 
also be available. U.S. fishermen interested in fishing for these other 
species should contact the NMFS Greater Atlantic Regional Fisheries 
Office (see ADDRESSES) for additional information. Authorization to 
fish for such species will include permit-related conditions or 
restrictions, including but not limited to, minimum size requirements, 
bycatch-related measures, and catch limits. Any such conditions or 
restrictions will be designed to ensure the optimum utilization, long-
term sustainability, and rational management and conservation of 
fishery resources in the NAFO Regulatory Area, consistent with the 
Convention on Future Multilateral Cooperation in the Northwest Atlantic 
Fisheries as well as the Amendment to the Convention on Future 
Multilateral Cooperation in the Northwest Atlantic Fisheries, which has 
been adopted by all NAFO Contracting Parties.

Applying for These Fishing Opportunities

    Expressions of interest to fish for any or all of the 2017 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 
Regional Administrator John Bullard (see ADDRESSES).

Information Required in an Application Letter

    Expressions of interest should include a detailed description of 
anticipated fishing operations in 2017. Descriptions should include, at 
a minimum:
     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(s);
     The number of fishing personnel and their nationality 
involved in vessel operations;
     Intended landing port or ports; including for ports 
outside of the United States, whether or not the product will be 
shipped to the United States for processing;
     Processing facilities to be used;
     Target market for harvested fish; and,
     Evidence demonstrating the ability of the applicant to 
successfully prosecute fishing operations in the NAFO Regulatory Area. 
This may include descriptions of previously successful NAFO or domestic 
fisheries participation.
    Note that applicant U.S. vessels must possess or be eligible to 
receive a valid HSFCA permit. HSFCA permits are available from the NMFS 
Greater Atlantic Regional Fisheries Office. Information regarding other 
requirements for fishing in the NAFO Regulatory Area is detailed below 
and is also available from the NMFS Greater Atlantic Regional Fisheries 
Office (see ADDRESSES).
    U.S. applicants wishing to harvest U.S. allocations using a vessel 
from another NAFO Contracting Party, or hoping to enter a chartering 
arrangement with a vessel from 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 Patrick Moran 
(see ADDRESSES).

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Criteria Used in Identifying Successful Applicants

    Applicants demonstrating the greatest benefits to the United States 
through their intended operations will be most successful. Such 
benefits may include:
     The use of U.S vessels to harvest fish in the NAFO 
Regulatory Area;
     Detailed, positive impacts on U.S. employment as a result 
of the fishing, transport, or processing operations;
     Use of U.S. processing facilities;
     Transport, marketing, and sales of product within the 
United States;
     Other ancillary, demonstrable benefits to U.S. businesses 
as a result of the fishing operation; and
     Documentation of the physical characteristics and 
economics of the fishery for future use by the U.S. fishing industry.
    Other factors we may consider include but are not limited to: A 
documented history of successful fishing operations in NAFO or other 
similar fisheries; the previous compliance of the vessel with the NAFO 
CEM or other regulatory requirements; and, for those applicants without 
NAFO or other international fishery history, a description of 
demonstrated harvest, processing, marketing, and regulatory compliance 
within domestic fisheries.
    To ensure equitable access by U.S. fishing interests, we may 
provide additional guidance or procedures or we may issue regulations 
designed to allocate fishing interests to one or more U.S. applicants 
from among qualified applicants. After reviewing all requests for 
allocations submitted, we may also decide not to grant any allocations 
if it is determined that no requests adequately meet the criteria 
described in this notice.

Notification of Selected Vessels in the 2017 NAFO Fisheries

    We will provide written responses to all applicants notifying them 
of their application status and, as needed for successful applicants, 
allocation awards will be made as quickly as possible so that we may 
notify NAFO and take other necessary actions to facilitate operations 
in the regulatory area by U.S. fishing interests. Successful applicants 
will receive additional information from us on permit conditions and 
applicable regulations before starting 2016 fishing operations.

Chartering 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 species listed in Annexes I.A and I.B, the United States may 
enter into a chartering arrangement with a vessel from any other NAFO 
Contracting Party. Additionally, any U.S. vessel or fishing operation 
may enter into a chartering arrangement with any other NAFO Contracting 
Party. The United States and the other Contracting Party involved in a 
chartering arrangement must agree to the charter, and the NAFO 
Executive Secretary must be advised of the chartering arrangement 
before the commencement of any charter fishing operations. Any U.S. 
vessel or fishing operation interested in making use of the chartering 
provisions of NAFO must provide at least the following information: The 
name and registration number of the U.S. 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).
    Expressions of interest using another NAFO Contracting Party vessel 
under charter should be accompanied by a detailed description of 
anticipated benefits to the United States, as described above. 
Additional detail on chartering arrangements can be found in Article 26 
of the CEM (http://www.nafo.int/fisheries/frames/cem.html).
    Any vessel from another 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 
CEM. 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 2017;
     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 CEM, before authorizing the chartering 
arrangement. More details on NAFO requirements for chartering 
operations are available from Patrick Moran (see ADDRESSES).

Transfer of U.S. Quota Allocations to Another NAFO Party

    Under NAFO rules in effect for 2017, the United States may transfer 
fishing opportunities by mutual agreement with another NAFO Contracting 
Party and with prior notification to the NAFO Executive Secretary. An 
applicant may request to arrange for any of the previously described 
U.S. opportunities to be transferred to another NAFO party, although 
such applications will likely 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 CEM, before entering agreeing to a 
transfer. More details on NAFO requirements for transferring NAFO 
allocations are available from Patrick Moran (see ADDRESSES).

Receiving a Transfer of NAFO Quota Allocations From Another NAFO Party

    Under NAFO rules in effect for 2017, the United States may receive 
transfers of additional fishing opportunities from other NAFO 
Contracting Parties. We are required to provide a letter consenting to 
such a transfer and must provide notice to the NAFO Executive 
Secretary. In the event that an applicant is able to arrange for the 
transfer of additional fishing opportunities from another NAFO 
Contracting Party to the United States, the U.S. may agree to 
facilitate such a transfer. However, there is no guarantee that if an 
applicant has facilitated the transfer of quota from another 
Contracting Party to the United States, such applicant will receive 
authorization to fish for such quota. If quota is transferred to the 
United States, we may need to solicit new applications for the use of 
such quota. All applicable NAFO requirements for transfers must be met. 
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 CEM, 
before

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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 Moran (see 
ADDRESSES).

Fishing in the NAFO Regulatory Area

    U.S. applicant vessels must be in possession of, or obtain, a valid 
HSFCA permit, which is available from the NMFS Greater Atlantic 
Regional Fisheries Office. All permitted vessels must comply with any 
conditions of this permit and all applicable provisions of the 
Convention on Future Multilateral Cooperation in the Northwest Atlantic 
Fisheries and the CEM. We reserve the right to impose additional permit 
conditions that ensure compliance with the NAFO Convention and the CEM, 
the Magnuson-Stevens Fishery Conservation and Management Act and any 
other applicable law.
    The CEM provisions include, but are not limited to:
     Maintaining a fishing logbook with NAFO-designated entries 
(Annex II.A and Article 28);
     Adhering to NAFO hail system requirements (Annexes II.D 
and II.F; Article 28; Article 30 part B);
     Carrying an approved onboard observer consistent with 
requirements of Article 30 part A;
     Maintaining and using a functioning, autonomous vessel 
monitoring system authorized by issuance of the HSFCA permit as 
required by Articles 29 and 30; and
     Complying with all relevant NAFO CEM requirements, 
including minimum fish sizes, gear, bycatch retention and per-tow move 
on provisions for exceeding bycatch limits in any one haul/set.
    Further details regarding U.S. and NAFO requirements are available 
from the NMFS Greater Atlantic Regional Fisheries Office, and can also 
be found in the 2017 NAFO CEM on the Internet (https://www.nafo.int/Fisheries/Conservation).
    Vessels issued valid HSFCA permits under 50 CFR part 300 are exempt 
from certain domestic fisheries regulations governing fisheries in the 
Northeast United States found in 50 CFR part 648. Specifically, vessels 
are exempt from the Northeast multispecies and monkfish permit, mesh 
size, effort-control, and possession limit restrictions (Sec. Sec.  
648.4, 648.80, 648.82, 648.86, 648.87, 648.91, 648.92, and 648.94), 
while transiting the U.S. exclusive economic zone 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. These exemptions are conditional on the following 
requirements: The vessel operator has a letter of authorization issued 
by the Regional Administrator on board the vessel; 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; when transiting 
the U.S. EEZ, all gear is properly stowed and not available for 
immediate use as defined under Sec.  648.2; and the vessel operator 
complies with the provisions, conditions, and restrictions specified on 
the HSFCA permit and all NAFO CEM while fishing in the NAFO Regulatory 
Area.

    Dated: February 3, 2017.
John H. Henderschedt,
Director, NOAA Fisheries Office of International, Affairs and Seafood 
Inspection.
[FR Doc. 2017-02626 Filed 2-8-17; 8:45 am]
 BILLING CODE 3510-22-P