[Federal Register Volume 86, Number 58 (Monday, March 29, 2021)]
[Notices]
[Pages 16332-16334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06410]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XA963]


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 a fishing opportunity in the Northwest 
Atlantic Fisheries Organization Regulatory Area for shrimp in Division 
3M. This action is necessary to make fishing privileges in the 
Regulatory Area available on an equitable basis to the extent possible. 
Fishing privileges for all other stocks for which the United States has 
access were previously allocated for 2020-2024. The intended effect of 
this notice is to alert U.S. fishing vessels of these 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 this fishery.

DATES: Effective April 13, 2021 through December 31, 2024. Expressions 
of interest regarding fishing opportunities in the Northwest Atlantic 
Fisheries Organization (NAFO) will be accepted through April 13, 2021.

ADDRESSES: Expressions of interest regarding U.S. fishing opportunities 
in NAFO should be made in writing to Michael Pentony, U.S. Commissioner 
to NAFO, NMFS Greater Atlantic Regional Fisheries Office, by emailing 
Moira Kelly, Senior Fishery Program Specialist, at 
[email protected].

[[Page 16333]]

    Information relating to chartering vessels of another NAFO 
Contracting Party, transferring NAFO fishing opportunities to or from 
another NAFO Contracting Party, or general U.S. participation in NAFO 
is available from Patrick E. Moran, NMFS Office of International 
Affairs and Seafood Inspection, email: [email protected].

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

SUPPLEMENTARY INFORMATION:

General NAFO Background

    The United States is a Contracting Party to NAFO. NAFO is an 
intergovernmental fisheries science and management body whose 
convention applies to most fishery resources in international waters of 
the Northwest Atlantic, except salmon, tunas/marlins, whales, and 
sedentary species such as shellfish.
    As a Contracting Party within NAFO, the United States may be 
allocated 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. For most stocks for which the United States does not receive a 
specific allocation, an open allocation, known as the ``Others'' 
allocation under the Convention, is shared access between all NAFO 
Contracting Parties.
    Additional information on NAFO can be found online at https://www.nafo.int/About-us. The NAFO Conservation and Enforcement Measures 
(CEM) that specify the fishery regulations, total allowable catches 
(TAC, quotas), and other information about the fishery program is 
available online at: https://www.nafo.int/Fisheries/Conservation. NAFO 
updates the CEM annually.
    This notice announces the fishing opportunity available to U.S. 
vessels in NAFO regulatory waters specific to shrimp in Division 3M. 
This notice also outlines the application process and other 
requirements for U.S. vessels that wish to participate in the 3M shrimp 
fishery. Allocation of all other U.S. fishing opportunities were 
finalized in 2020, as described in the previous notice of fishing 
opportunities (85 FR 45198; July 27, 2020). Additional information is 
available in that notice and is not repeated here.

NAFO Fishing Opportunity Available to U.S. Fishing Vessels

    Shrimp in Division 3M was made available for fishing at the 2019 
Annual Meeting after a multi-year moratorium on fishing. (additional 
information is available online at https://www.nafo.int/Library/Commission/Meeting-Proceedings-of-the-Commission.) Prior to the 
moratorium, fishing was conducted using a days-at-sea system that 
allocated a certain number of days to Contracting Parties, rather than 
the now-standard quota (in weight) approach. NAFO was in discussions to 
shift the allocation scheme to a quota system when the moratorium 
became necessary to protect the stock. This effort was suspended 
because of the moratorium and is currently being renewed.
    At the 2019 Annual Meeting of NAFO, the Commission decided to open 
the fishery using the previous days-at-sea program while pursuing a new 
quota-based management system. Due to the global COVID-19 pandemic, no 
progress was made in 2020 on this issue.
    In our prior announcement, we explained that we would allocate 3M 
shrimp for only 2020 while the Commission considered a new management 
approach. Because no progress has been made to date, we are announcing 
the opportunity for this stock for 2021 through 2024, or until a new 
management scheme is adopted by the Commission. As such, applicants 
should note that the Commission might adopt a new allocation scheme 
before 2024, and that if it does, NOAA may terminate this potential 
permit before 2024 and publicly re-solicit interest through 2024. The 
holder of the rescinded permit would be invited to re-apply.
    Authorization to fish for NAFO 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 the 2021-2024 U.S. fishing 
opportunity for 3M shrimp, 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 Michael Pentony (see ADDRESSES).

Information Required in an Application Letter

    Expressions of interest should include a detailed description of 
anticipated fishing operations for the full five years. Descriptions 
should include, at a minimum:
     Intended target species;
     Proposed dates of fishing operations;
     Vessel(s) 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, 
in accordance with NAFO management measures. 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 High Seas Fishing Compliance Act (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).

[[Page 16334]]

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 and crew 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 history of compliance by the vessel with the 
NAFO CEM or other domestic and international regulatory requirements, 
including potential disqualification of an applicant with repeated 
compliance issues; 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. These regulatory changes may result in 
NOAA altering or amending quota the NOAA grants an applicant through 
this process. NOAA will, however, notify any approved applicant of 
NOAA's proposed regulatory changes in advance of making the changes. 
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 for 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 fishing operations.

Mid-Term Allocation Adjustments

    In the event that an approved U.S. entity does not, is not able to, 
or is not expected to fish an allocation, or part thereof, awarded to 
them, NMFS may reallocate to other approved U.S. entities. If 
requested, approved U.S. entities must provide updated fishing plans 
and/or schedules. A U.S. entity may not consolidate or transfer 
allocations without prior approval from NMFS. In the event that other 
approved U.S. entities are unable to fish additional allocation, NMFS 
may solicit further interest by notice in the Federal Register.

Chartering a Vessel To Fish Available U.S. Allocations

    For 3M shrimp, 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 vessel or business from a 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 (https://www.nafo.int/Fisheries/Conservation).
    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 the applicable 
fishing year;
     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.

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.
    Further details regarding U.S. and NAFO requirements are available 
from the NMFS Greater Atlantic Regional Fisheries Office, and can be 
found in the NAFO CEM on the internet (https://www.nafo.int/Fisheries/Conservation).

    Dated: March 24, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-06410 Filed 3-26-21; 8:45 am]
BILLING CODE 3510-22-P