[Federal Register Volume 88, Number 95 (Wednesday, May 17, 2023)]
[Notices]
[Pages 31494-31498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10522]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XC823]


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: Notice; notification of U.S. fishing opportunities.

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SUMMARY: We are announcing 2023 fishing opportunities in the Northwest 
Atlantic Fisheries Organization (NAFO) Regulatory Area. This action is 
necessary to make fishing privileges in the NAFO Regulatory Area 
available on an equitable basis to the extent possible. The intended 
effect of this notice is to alert U.S. fishing vessels of the NAFO 
fishing opportunities for yellowtail flounder, redfish, and Illex 
squid, 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 2023 NAFO fishery.

DATES: Effective through December 31, 2023. Expressions of interest 
regarding fishing opportunities in NAFO will be accepted through June 
1, 2023.

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 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, Trade, and Commerce 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 Shannah Jaburek, in the NMFS Greater Atlantic Regional 
Fisheries Office at 55 Great Republic Drive, Gloucester, MA 01930 
(phone: 978-282-8456, fax: 978-281-9135, 
email:[email protected]) and online from NAFO at https://www.nafo.int.

FOR FURTHER INFORMATION CONTACT: Shannah Jaburek, Fishery Policy 
Analyst, (978) 282-8456.

SUPPLEMENTARY INFORMATION: 

General NAFO Background

    The United States is a Contracting Party to the Northwest Atlantic 
Fisheries Organization or 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. Currently, NAFO has 12 contracting parties from North 
America, Europe, Asia, and the Caribbean. NAFO's Commission is 
responsible for the management and conservation of the fishery 
resources in the NAFO Regulatory Area (in waters outside the Exclusive 
Economic Zones (EEZ)). Figure 1 shows the NAFO Regulatory Area.

[[Page 31495]]

[GRAPHIC] [TIFF OMITTED] TN17MY23.010

    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 2023 NAFO Conservation and Enforcement 
Measures (CEM) that specify the fishery regulations, Total Allowable 
Catches (TAC or ``quotas'') and other information about the fishery 
program will be available online at: https://www.nafo.int/Fisheries/Conservation when completed. Information from the 2022 Annual Meeting 
of NAFO, at which changes to the TACs and other management measures 
occur, is available on the NAFO website.
    This notice announces the fishing opportunities available to U.S. 
vessels in NAFO regulatory waters, including specific 2023 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 2023 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 
specifies 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 2022 NAFO Annual Meeting for 
two stocks to be fished during 2023. The species, location by NAFO 
subarea, and allocation (in metric tons (mt)) of these 2023 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 received a transfer of 1,000 mt of NAFO Division 3LNO yellowtail 
flounder from Canada's 2023 quota allocation consistent with the 
continuation of a 2008 bilateral arrangement between the two countries.
    The TACs that 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:

[[Page 31496]]



                Table 1--2023 NAFO ``Others'' Allocations
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              Species                   NAFO division      Others quota
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Cod...............................  3M..................              24
Redfish...........................  3LN.................             109
                                    3M..................             124
                                    3O..................             100
Yellowtail Flounder...............  3LNO................             100
Witch Flounder....................  3NO.................              13
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 the ``Other'' allocations with 
other NAFO Contracting Parties, and access is on a first come, first 
served basis. Directed fishing is prohibited by NAFO when the 
``Others'' quota 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 government-to-
government 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 CEM. The percentage, by weight, is calculated as a percent of 
each stock of the total catch of species listed in CEM Annex I.A (i.e., 
the NAFO managed stocks listed in Table 1) 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 3NO: 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. American plaice: While conducting a directed fishery for 
yellowtail flounder in Divisions 3LNO--15 percent of American plaice; 
otherwise, 1,250 kg or 5 percent, whichever is greater; and
    6. For all other Annex I.A stocks where the United States 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.
    Opportunities to fish for species not listed above (i.e., species 
listed in Annex I.A of the NAFO CEM and non-allocated on non-regulated 
species), but occurring within the NAFO Regulatory Area such as 
Atlantic halibut, 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 Cooperation in the Northwest 
Atlantic Fisheries as well as the Amendment to the Convention on 
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 2023 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 Michael Pentony (see ADDRESSES).

Information Required in an Application Letter

    Expressions of interest should include a detailed description of 
anticipated fishing operations in 2023. 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 conduct 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).

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;

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     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; and,
     Other ancillary demonstrable benefits to U.S. businesses 
as a result of the fishing operation.
    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. 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 2023 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 2023 fishing operations.

Mid-Season 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.

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 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 6 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 2023;
     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.

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

    Under NAFO rules in effect for 2023, 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.

Receiving a Transfer of NAFO Quota Allocations From Another NAFO Party

    Under NAFO rules in effect for 2023, 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 United States 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 agreeing to accept a transfer. Any fishing quota or other 
harvesting opportunities received via this type of

[[Page 31498]]

transfer are subject to all U.S and NAFO rules as detailed below.
    For more details on NAFO requirements for chartering and 
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 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);
     Carrying an approved onboard observer for each trip 
consistent with requirements of Article 30;
     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 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. 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: May 12, 2023.
Alexa Cole,
Director, NOAA Fisheries Office of International Affairs, Trade, and 
Commerce.
[FR Doc. 2023-10522 Filed 5-16-23; 8:45 am]
BILLING CODE 3510-22-P