[Federal Register: December 4, 2002 (Volume 67, Number 233)]
[Rules and Regulations]               
[Page 72110-72112]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04de02-10]                         


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DEPARTMENT OF COMMERCE


National Oceanic and Atmospheric Administration


50 CFR Part 300


[I.D. 112702C]


 
Notification of U.S. Fish Quotas and an Effort Allocation in the 
Northwest Atlantic Fisheries Organization (NAFO) Regulatory Area


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


ACTION: Notification of U.S. fish quotas and an effort allocation.


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SUMMARY: NMFS announces that fish quotas and an effort allocation are 
available for harvest by U.S. fishermen in the NAFO Regulatory Area. 
This action is necessary to make available to U.S. fishermen a fishing 
privilege on an equitable basis.


DATES: All fish quotas and the effort allocation are effective January 
1, 2003, through December 31, 2003. Expressions of interest regarding 
U.S. fish quota allocations for all species except 3L shrimp will be 
accepted throughout 2003. Expressions of interest regarding the U.S. 3L 
shrimp quota allocation and the 3M shrimp effort allocation will be 
accepted through January 3, 2004.


ADDRESSES: Expressions of interest regarding the U.S. effort allocation 
and quota allocations should be made in writing to Patrick E. Moran in 
the NMFS Office of Sustainable Fisheries, at 1315 East-West Highway, 
Silver Spring, MD 20910 (phone: 301-713-2276, fax: 301-713-2313, e-
mail: pat.moran@noaa.gov).
    Information relating to NAFO fish quotas, NAFO Conservation and 
Enforcement Measures, and the High Seas Fishing Compliance Act (HSFCA) 
Permit is available from Jennifer L. Anderson at the NMFS Northeast 
Regional Office at One Blackburn Drive, Gloucester, Massachusetts 01930 
(phone: 978-281-9226, fax: 978-281-9394, e-mail: 
jennifer.anderson@noaa.gov) and from NAFO on the World Wide Web at 
http://www.nafo.ca.


FOR FURTHER INFORMATION CONTACT: Patrick E. Moran, 301-713-2276.


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, capelin, shrimp, and squid. At the 2002 NAFO 
Annual Meeting, the United States received fish quota allocations for 
three NAFO stocks and an effort allocation for one NAFO stock to be 
fished during 2003. The species, location, and allocation (in metric 
tons or effort) of these U.S. fishing opportunities are as follows:
    (1) Redfish NAFO Division 3M 69 mt
    (2) Squid NAFO Subareas 3 & 4 453 mt
    (3) Shrimp NAFO Division 3L 67 mt
    (4) Shrimp NAFO Division 3M 1 vessel/100 days
    Additionally, U.S. vessels may fish any portion of the 7,500 mt TAC 
of oceanic redfish in NAFO Subarea 2 and Divisions 1F and 3K. This 
opportunity is available only to members of NAFO that are not members 
of the North East Atlantic Fisheries Commission, on a first-come, 
first-served basis. Allocations are also available to U.S.


[[Page 72111]]


fisherman in the ``Others'' category for: Division 3LNO yellowtail 
flounder (73 mt) and Division 3LMNO Greenland halibut (2,070 mt).


U.S. Fish Quota Allocations


    Expressions of interest in all U.S. fish quota allocations and 
``Others'' category allocations in NAFO will be considered from U.S. 
vessels in possession of 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 intended target species and time of fishing 
operations should be included. If necessary to ensure equitable access 
by U.S. vessel owners, NMFS may need to 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 parts 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:
    (1) The vessel operator has a letter of authorization on board the 
vessel issued by the Regional Administrator;
    (2) For the duration of the trip, the vessel fishes 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.


U.S. 3M Effort Allocation


    Expressions of interest in harvesting the U.S. portion of the 2003 
NAFO 3M shrimp effort allocation (1 vessel/100 days) will be considered 
from owners of U.S. vessels in possession of a valid HSFCA permit. 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 the event that multiple 
expressions of interest are made by U.S. vessel owners, NMFS may need 
to promulgate regulations designed to choose one U.S. applicant from 
among expressions of interest.


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 
NortheastRegional Office, and can also be found in the current NAFO 
Conservation and Enforcement Measures on the Internet (see ADDRESSES).


Chartering Arrangements


    In the event that no adequate expressions of interest in harvesting 
the U.S. portion of the 2003 NAFO 3L shrimp quota allocation and/or 3M 
shrimp effort allocation are made on behalf of U.S. vessels, 
expressions of interest will be considered from U.S. fishing interests 
intending to make use of vessels of other NAFO Parties under chartering 
arrangements to fish the 2003 U.S. quota allocation for 3L shrimp and/
or the effort allocation for 3M shrimp. Under NAFO rules in effect 
through 2003, a vessel registered to another NAFO Contracting Party may 
be chartered to fish the U.S. allocations provided that written consent 
for the charter is obtained from the vessel's flag state and the U.S. 
allocations are transferred to that flag state. Such a transfer must be 
adopted by NAFO Parties through a mail voting process.
    A NAFO Contracting Party wishing to enter into a chartering 
arrangement with the U.S. 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 calender month in which the 
catches were made; provisional monthly fishing days in Division 3M 
within 30 days following the calender month in which the catches were 
made; provisional daily catches of shrimp taken from Division 3L; 
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. Furthermore, the U.S. may also consider a 
Contracting Party's previous compliance with the NAFO incidental catch 
limits, as outlined in the NAFO Conservation and Enforcement Measures, 
before entering into a chartering arrangement.
    Expressions of interest from U.S. fishing interests intending to 
make use of vessels from another NAFO Party under chartering 
arrangements should include information required by NAFO regarding the 
proposed chartering operation, including: the name, registration and 
flag of the intended vessel; a copy of the charter; the fishing 
opportunities granted; a letter of consent from the vessel's flag 
state; the date from which the vessel is authorized to commence fishing 
on these opportunities; and the duration of the charter (not to exceed 
6 months). More details on NAFO requirements for chartering operations 
are available from NMFS (see ADDRESSES). In addition, expressions of 
interest for chartering operations 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; other specific 
positive effects on U.S. employment; evidence that fishing by the 
chartered vessel would actually take place; and documentation of the 
physical characteristics and economics of the fishery for future use by 
the U.S. fishing industry.
    In the event that multiple expressions of interest are made by U.S. 
fishing interests proposing the use of chartering operations, the 
information submitted regarding benefits to the United States will be 
used in making a selection. In the event that applications by U.S. 
fishing interests proposing the use of chartering operations are 
considered, all applicants will be made aware of the allocation 
decision as soon as possible. Once the allocation has been awarded for 
use in a chartering operation, NMFS will immediately take appropriate 
steps to transfer the U.S. 3M shrimp effort allocation to the vessel 
(pending approval by NAFO).
    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. All individuals/
companies submitting expressions of interest to NMFS will be


[[Page 72112]]


contacted if an allocation has been awarded. Please note that if the 
U.S. portion of the 2003 NAFO 3L or 3M shrimp allocation is awarded to 
a U.S. vessel or a specified chartering operation, it may not be 
transferred without the express, written consent of NMFS.


    Dated: November 27, 2002.
John H. Dunnigan,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 02-30754 Filed 12-3-02; 8:45 am]

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