International Affairs; U.S. Fish Quotas in the Northwest Atlantic Fisheries Organization Regulatory Area, 77806-77809 [2011-32099]
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77806
Federal Register / Vol. 76, No. 240 / Wednesday, December 14, 2011 / Notices
activity is not expected to impact rates
of recruitment or survival.
As mentioned previously, NMFS
estimates that 22 species of marine
mammals under its jurisdiction could be
potentially affected by Level B
harassment over the course of the IHA.
For each species, these numbers are
small (each, less than one percent,
except for dwarf sperm whales [1.3%]
whales) relative to the regional
population size. The population
estimates for the marine mammal
species that may be taken by Level B
harassment were provided in Table 2 of
this document.
NMFS’s practice has been to apply the
160 dB re 1 mPa (rms) received level
threshold for underwater impulse sound
levels to determine whether take by
Level B harassment occurs. Southall et
al. (2007) provide a severity scale for
ranking observed behavioral responses
of both free-ranging marine mammals
and laboratory subjects to various types
of anthropogenic sound (see Table 4 in
Southall et al. [2007]).
NMFS has preliminarily determined,
provided that the aforementioned
mitigation and monitoring measures are
implemented, that the impact of
conducting a marine seismic survey in
the CNMI, February to March, 2012,
may result, at worst, in a temporary
modification in behavior and/or lowlevel physiological effects (Level B
harassment) of small numbers of certain
species of marine mammals. See Table
3 (above) for the requested authorized
take numbers of cetaceans.
While behavioral modifications,
including temporarily vacating the area
during the operation of the airgun(s),
may be made by these species to avoid
the resultant acoustic disturbance, the
availability of alternate areas within
these areas and the short and sporadic
duration of the research activities, have
led NMFS to preliminary determine that
this action will have a negligible impact
on the species in the specified
geographic region.
Based on the analysis contained
herein of the likely effects of the
specified activity on marine mammals
and their habitat, and taking into
consideration the implementation of the
mitigation and monitoring measures,
NMFS preliminarily finds that L–DEO’s
planned research activities will result in
the incidental take of small numbers of
marine mammals, by Level B
harassment only, and that the total
taking from the marine seismic survey
will have a negligible impact on the
affected species or stocks of marine
mammals; and that impacts to affected
species or stocks of marine mammals
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have been mitigated to the lowest level
practicable.
Impact on Availability of Affected
Species or Stock for Taking for
Subsistence Uses
Section 101(a)(5)(D) also requires
NMFS to determine that the
authorization will not have an
unmitigable adverse effect on the
availability of marine mammal species
or stocks for subsistence use. There are
no relevant subsistence uses of marine
mammals in the study area (offshore
waters of the CNMI) that implicate
MMPA section 101(a)(5)(D).
Endangered Species Act
Of the species of marine mammals
that may occur in the proposed survey
area, several are listed as endangered
under the ESA, including the North
Pacific right, humpback, sei, fin, blue,
and sperm whales. Under section 7 of
the ESA, NSF has initiated formal
consultation with the NMFS, Office of
Protected Resources, Endangered
Species Act Interagency Cooperation
Division, on this proposed seismic
survey. NMFS’s Office of Protected
Resources, Permits and Conservation
Division, has initiated formal
consultation under section 7 of the ESA
with NMFS’s Office of Protected
Resources, Endangered Species Act
Interagency Cooperation Division, to
obtain a Biological Opinion evaluating
the effects of issuing the IHA on
threatened and endangered marine
mammals and, if appropriate,
authorizing incidental take. NMFS will
conclude formal section 7 consultation
prior to making a determination on
whether or not to issue the IHA. If the
IHA is issued, NSF and L–DEO, in
addition to the mitigation and
monitoring requirements included in
the IHA, will be required to comply
with the Terms and Conditions of the
Incidental Take Statement
corresponding to NMFS’s Biological
Opinion issued to both NSF and
NMFS’s Office of Protected Resources.
National Environmental Policy Act
With L–DEO’s complete application,
NSF provided NMFS a draft
‘‘Environmental Assessment Pursuant to
the National Environmental Policy Act,
42 U.S.C. 4321 et seq. and Executive
Order 12114 Marine Seismic Survey in
the Commonwealth of the Northern
Marian Islands, 2012,’’ which
incorporates an ‘‘Environmental
Assessment of a Marine Geophysical
Survey by the R/V Marcus G. Langseth
in the Commonwealth of the Northern
Mariana Islands, February–March
2012,’’ prepared by LGL on behalf of
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Fmt 4703
Sfmt 4703
NSF and L–DEO. The EA analyzes the
direct, indirect, and cumulative
environmental impacts of the proposed
specified activities on marine mammals
including those listed as threatened or
endangered under the ESA. Prior to
making a final decision on the IHA
application, NMFS will either prepare
an independent EA, or, after review and
evaluation of the NSF EA for
consistency with the regulations
published by the Council of
Environmental Quality (CEQ) and
NOAA Administrative Order 216–6,
Environmental Review Procedures for
Implementing the National
Environmental Policy Act, adopt the
NSF EA and make a decision of whether
or not to issue a Finding of No
Significant Impact (FONSI).
Proposed Authorization
NMFS proposes to issue an IHA to L–
DEO for conducting a marine seismic
survey in the CNMI, provided the
previously mentioned mitigation,
monitoring, and reporting requirements
are incorporated. The duration of the
IHA would not exceed one year from the
date of its issuance.
Information Solicited
NMFS requests interested persons to
submit comments and information
concerning this proposed project and
NMFS’s preliminary determination of
issuing an IHA (see ADDRESSES).
Concurrent with the publication of this
notice in the Federal Register, NMFS is
forwarding copies of this application to
the Marine Mammal Commission and
its Committee of Scientific Advisors.
Dated: December 8, 2011.
James H. Lecky,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2011–32100 Filed 12–13–11; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XA868
International Affairs; U.S. Fish Quotas
in the Northwest Atlantic Fisheries
Organization Regulatory Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notification of U.S. fish quotas.
AGENCY:
NMFS announces that fish
quotas are available for harvest in the
Northwest Atlantic Fisheries
SUMMARY:
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Federal Register / Vol. 76, No. 240 / Wednesday, December 14, 2011 / Notices
Organization (NAFO) Regulatory Area.
This action is necessary to make fishing
privileges available on an equitable
basis.
Effective January 1, 2012,
through December 31, 2012. Expressions
of interest regarding U.S. fish quota
allocations for all species except
Division 3L shrimp and Division 3M
redfish will be accepted throughout
2012. Expressions of interest regarding
the U.S. 3L shrimp and 3M redfish
quota allocations and the Division
3LNO yellowtail flounder to be
transferred by Canada will be accepted
through December 29, 2011.
DATES:
Expressions of interest
regarding U.S. quota allocations should
be made in writing to Patrick E. Moran
in the NMFS Office of International
Affairs, at 1315 East-West Highway,
Silver Spring, MD 20910 (phone: (301)
ADDRESSES:
427–8370, fax: (301) 713–2313, email:
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 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: douglas.christel@noaa.gov) and
from NAFO on the World Wide Web at
https://www.nafo.int.
FOR FURTHER INFORMATION CONTACT:
Patrick E. Moran, (301) 427–8370.
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
1. Redfish ..................................................................................
2. Squid (Illex) ...........................................................................
3. Shrimp ...................................................................................
Additionally, the United States may
be transferred up to 1,000 mt of 3LNO
yellowtail flounder from Canada’s quota
allocation if requested before January 1
of 2012, or any succeeding year through
2017. If such a request is made, an
additional 500 mt of 3LNO yellowtail
flounder could be made available on the
condition that the United States
transfers its 3L shrimp allocation to
Canada or through some other
arrangement. Participants in this fishery
will be restricted to an overall bycatch
harvest limit for American plaice equal
to 15% of the total yellowtail fishery.
Fishing opportunities may also be
authorized for U.S. fishermen in the
‘‘Others’’ category for: Division 3NO
white hake (295 mt); Division 3LNO
skates (314 mt); Division 3M cod (37
mt), 3LN redfish (36 mt) and Division
3O redfish (100 mt). Procedures for
obtaining NMFS authorization are
specified below.
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U.S. Fishing Vessel Applicants
Expressions of interest to fish for any
or all of the 2012 U.S. fish quota
allocations, including the up to 1,500 mt
of yellowtail flounder to be transferred
by Canada under the circumstances
described above, and ‘‘Others’’ category
allocations in NAFO will be considered
from U.S. vessels in possession of, or
eligible for, 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
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NAFO Division 3M ....................................................................
NAFO Subareas 3 & 4 .............................................................
NAFO Division 3L .....................................................................
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. Any available information
on intended target species and dates of
fishing operations should be included.
In addition, expressions of interest
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 applicant vessel actually would take
place; and documentation of the
physical characteristics and economics
of the fishery for future use by the U.S.
fishing industry. To ensure equitable
access by U.S. vessel owners, NMFS
may 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 §§ 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:
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Frm 00042
allowable catches (TACs) and member
nation quota allocations. The principal
species managed are cod, flounder,
redfish, American plaice, halibut, hake,
capelin, shrimp, skates and squid. At
the 2011 NAFO Annual Meeting, the
United States received fish quota
allocations for three NAFO stocks to be
fished during 2012. Please note that the
Division 3M shrimp effort allocation
available in recent years remains
unavailable for 2012 due to
conservation concerns. Fishing
opportunities for this stock will be reopened when the NAFO Scientific
Council advice estimates that the stock
is showing signs of recovery.
The species, location, and allocation
(in metric tons) of 2012 U.S. fishing
opportunities, as found in Annexes I.A,
I.B, and I.C of the 2011 NAFO
Conservation and Enforcement
Measures, are as follows:
Fmt 4703
Sfmt 4703
69 mt
453 mt
133 mt
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 § 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.
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 Northeast Regional Office,
and can also be found in the current
NAFO Conservation and Enforcement
Measures on the Internet (see
ADDRESSES).
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Federal Register / Vol. 76, No. 240 / Wednesday, December 14, 2011 / Notices
Transfer and Chartering of U.S. Quota
Allocations
In the event that no adequate
expressions of interest in harvesting the
U.S. portion of the 2012 NAFO Division
3M redfish quota 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
through a transfer of quota allocated to
the United States. Under NAFO rules in
effect for 2012, the United States may
transfer fishing possibilities with the
consent of the receiving Contracting
Party and with prior notification to the
NAFO Executive Secretary. Expressions
of interest from U.S. fishing interests
intending to make use of vessels from
another NAFO Contracting Party
through a transfer of quota allocated to
the United States should include a letter
of consent from the vessel’s flag state. In
addition, expressions of interest for
transfers 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 recipient
NAFO Contracting Party actually would
take place; and any available
documentation of the physical
characteristics and economics of the
fishery for future use by the U.S. fishing
industry.
In the event that no adequate
expressions of interest in harvesting the
U.S. portion of the 2012 NAFO Division
3L shrimp quota 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 2012
U.S. quota allocation for 3L shrimp.
Under NAFO rules in effect through
2012, a vessel registered to another
NAFO Contracting Party may be
chartered to fish the U.S. shrimp quota
provided that written consent for the
charter is obtained from the vessel’s flag
state and the U.S. allocation is
transferred to that flag state. NAFO
Parties must be notified of such a
chartering operation through a mail
notification process.
A NAFO 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
Conservation and Enforcement
Measures including, but not limited to,
submission of the following reports to
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the NAFO Executive Secretary:
Provisional monthly catches within 30
days following the calendar 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; and notification to NMFS
of the termination of the charter fishing
activities. Furthermore, the United
States may also consider a Contracting
Party’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.
Expressions of interest from U.S.
fishing interests intending to make use
of vessels from another NAFO
Contracting 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 six 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 actually would 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 transfer of
Division 3M redfish quota allocated to
the United States, or chartering
operations to fish Division 3L shrimp
quota allocated to the United States, 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 transfer or 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,
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Frm 00043
Fmt 4703
Sfmt 4703
NMFS will immediately take
appropriate steps to notify NAFO to take
appropriate action.
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
contacted if an allocation has been
awarded.
Chartering Operations for Division
3LNO Yellowtail Flounder Transferred
From Canada
In the event that no adequate
expressions of interest in harvesting
NAFO Division 3LNO yellowtail
flounder transferred from Canada during
2012 are made on behalf of U.S. vessels,
expressions of interest will be
considered from U.S. processors and
other fishing interests intending to make
use of a Canadian vessel under a
chartering arrangement. 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. Prior
notification to the NAFO Executive
Secretary is necessary in this case.
Expressions of interest from U.S.
processors and other fishing interests
intending to make use of a Canadian
vessel under chartering arrangements
should provide the following
information: The name and registration
number of the intended vessel; a copy
of the charter; a detailed fishing plan,
and a written letter of consent from the
Department of Fisheries and Oceans,
Canada. In addition, expressions of
interest using a Canadian vessel under
charter 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; marketing of the
product in the United States; other
specific positive effects on U.S.
employment; evidence that fishing by
the Canadian vessel will actually take
place; and any available documentation
of the physical characteristics and
economics of the fishery for future use
by the U.S. fishing industry.
Any Canadian 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 including, but not limited to,
submission of the following reports to
the NAFO Executive Secretary:
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Provisional monthly catches within 30
days following the calendar month in
which the catches were made; 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; and notification to NMFS
of the termination of the charter fishing
activities. Furthermore, 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 are
available from NMFS (see ADDRESSES).
In the event that multiple expressions
of interest are made by U.S. fishing
interests to fish for NAFO Division
3LNO yellowtail in 2012, the
information submitted regarding
benefits to the United States will be
used in making a selection. 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. Once a decision
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15:14 Dec 13, 2011
Jkt 226001
has been made regarding the disposition
of the fishing opportunity, NMFS will
immediately take appropriate steps to
notify all applicants and will contact
Canada and NAFO to take appropriate
action. Please note that if any 3LNO
yellowtail flounder is transferred from
Canada and subsequently awarded to a
U.S. vessel or a specified chartering
operation during 2012, it may not be
transferred without the express, written
consent of NMFS.
Dated: December 9, 2011.
Rebecca Lent,
Director, Office of International Affairs,
National Marine Fisheries Service.
[FR Doc. 2011–32099 Filed 12–13–11; 8:45 am]
BILLING CODE 3510–22–P
ACTION:
Notice.
The Department of Defense is
publishing the unclassified text of a
section 36(b)(1) arms sales notification.
This is published to fulfill the
requirements of section 155 of Public
Law 104–164 dated July 21, 1996.
SUMMARY:
Ms.
B. English, DSCA/DBO/CFM, (703) 601–
3740.
The following is a copy of a letter to
the Speaker of the House of
Representatives, Transmittals 11–43
with attached transmittal and policy
justification.
FOR FURTHER INFORMATION CONTACT:
Dated: December 9, 2011.
Aaron Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
DEPARTMENT OF DEFENSE
BILLING CODE 5001–06–P
Office of the Secretary
[Transmittal Nos. 11–43]
36(b)(1) Arms Sales Notification
Defense Security Cooperation
Agency, Department of Defense.
AGENCY:
PO 00000
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77809
E:\FR\FM\14DEN1.SGM
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]]>Agencies
[Federal Register Volume 76, Number 240 (Wednesday, December 14, 2011)]
[Notices]
[Pages 77806-77809]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-32099]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XA868
International Affairs; U.S. Fish Quotas 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. fish quotas.
-----------------------------------------------------------------------
SUMMARY: NMFS announces that fish quotas are available for harvest in
the Northwest Atlantic Fisheries
[[Page 77807]]
Organization (NAFO) Regulatory Area. This action is necessary to make
fishing privileges available on an equitable basis.
DATES: Effective January 1, 2012, through December 31, 2012.
Expressions of interest regarding U.S. fish quota allocations for all
species except Division 3L shrimp and Division 3M redfish will be
accepted throughout 2012. Expressions of interest regarding the U.S. 3L
shrimp and 3M redfish quota allocations and the Division 3LNO
yellowtail flounder to be transferred by Canada will be accepted
through December 29, 2011.
ADDRESSES: Expressions of interest regarding U.S. quota allocations
should be made in writing to 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:
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 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:
douglas.christel@noaa.gov) and from NAFO on the World Wide Web at
https://www.nafo.int.
FOR FURTHER INFORMATION CONTACT: Patrick E. Moran, (301) 427-8370.
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, hake, capelin, shrimp, skates and squid. At
the 2011 NAFO Annual Meeting, the United States received fish quota
allocations for three NAFO stocks to be fished during 2012. Please note
that the Division 3M shrimp effort allocation available in recent years
remains unavailable for 2012 due to conservation concerns. Fishing
opportunities for this stock will be re-opened when the NAFO Scientific
Council advice estimates that the stock is showing signs of recovery.
The species, location, and allocation (in metric tons) of 2012 U.S.
fishing opportunities, as found in Annexes I.A, I.B, and I.C of the
2011 NAFO Conservation and Enforcement Measures, are as follows:
------------------------------------------------------------------------
------------------------------------------------------------------------
1. Redfish.................... NAFO Division 3M. 69 mt
2. Squid (Illex).............. NAFO Subareas 3 & 453 mt
4.
3. Shrimp..................... NAFO Division 3L. 133 mt
------------------------------------------------------------------------
Additionally, the United States may be transferred up to 1,000 mt
of 3LNO yellowtail flounder from Canada's quota allocation if requested
before January 1 of 2012, or any succeeding year through 2017. If such
a request is made, an additional 500 mt of 3LNO yellowtail flounder
could be made available on the condition that the United States
transfers its 3L shrimp allocation to Canada or through some other
arrangement. Participants in this fishery will be restricted to an
overall bycatch harvest limit for American plaice equal to 15% of the
total yellowtail fishery.
Fishing opportunities may also be authorized for U.S. fishermen in
the ``Others'' category for: Division 3NO white hake (295 mt); Division
3LNO skates (314 mt); Division 3M cod (37 mt), 3LN redfish (36 mt) and
Division 3O redfish (100 mt). Procedures for obtaining NMFS
authorization are specified below.
U.S. Fishing Vessel Applicants
Expressions of interest to fish for any or all of the 2012 U.S.
fish quota allocations, including the up to 1,500 mt of yellowtail
flounder to be transferred by Canada under the circumstances described
above, and ``Others'' category allocations in NAFO will be considered
from U.S. vessels in possession of, or eligible for, 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. Any available information on intended target species and
dates of fishing operations should be included. In addition,
expressions of interest 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 applicant
vessel actually would take place; and documentation of the physical
characteristics and economics of the fishery for future use by the U.S.
fishing industry. To ensure equitable access by U.S. vessel owners,
NMFS may 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 Sec. Sec. 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 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 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.
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 Northeast
Regional Office, and can also be found in the current NAFO Conservation
and Enforcement Measures on the Internet (see ADDRESSES).
[[Page 77808]]
Transfer and Chartering of U.S. Quota Allocations
In the event that no adequate expressions of interest in harvesting
the U.S. portion of the 2012 NAFO Division 3M redfish quota 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 through a transfer of quota allocated to the
United States. Under NAFO rules in effect for 2012, the United States
may transfer fishing possibilities with the consent of the receiving
Contracting Party and with prior notification to the NAFO Executive
Secretary. Expressions of interest from U.S. fishing interests
intending to make use of vessels from another NAFO Contracting Party
through a transfer of quota allocated to the United States should
include a letter of consent from the vessel's flag state. In addition,
expressions of interest for transfers 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 recipient NAFO Contracting Party actually would take
place; and any available documentation of the physical characteristics
and economics of the fishery for future use by the U.S. fishing
industry.
In the event that no adequate expressions of interest in harvesting
the U.S. portion of the 2012 NAFO Division 3L shrimp quota 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 2012
U.S. quota allocation for 3L shrimp. Under NAFO rules in effect through
2012, a vessel registered to another NAFO Contracting Party may be
chartered to fish the U.S. shrimp quota provided that written consent
for the charter is obtained from the vessel's flag state and the U.S.
allocation is transferred to that flag state. NAFO Parties must be
notified of such a chartering operation through a mail notification
process.
A NAFO 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 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 calendar 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; and notification to NMFS of the
termination of the charter fishing activities. Furthermore, the United
States may also consider a Contracting Party'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.
Expressions of interest from U.S. fishing interests intending to
make use of vessels from another NAFO Contracting 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 six 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 actually would 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 transfer of Division 3M redfish quota
allocated to the United States, or chartering operations to fish
Division 3L shrimp quota allocated to the United States, 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 transfer or 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, NMFS will immediately take appropriate steps to notify NAFO to
take appropriate action.
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 contacted
if an allocation has been awarded.
Chartering Operations for Division 3LNO Yellowtail Flounder Transferred
From Canada
In the event that no adequate expressions of interest in harvesting
NAFO Division 3LNO yellowtail flounder transferred from Canada during
2012 are made on behalf of U.S. vessels, expressions of interest will
be considered from U.S. processors and other fishing interests
intending to make use of a Canadian vessel under a chartering
arrangement. 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. Prior
notification to the NAFO Executive Secretary is necessary in this case.
Expressions of interest from U.S. processors and other fishing
interests intending to make use of a Canadian vessel under chartering
arrangements should provide the following information: The name and
registration number of the intended vessel; a copy of the charter; a
detailed fishing plan, and a written letter of consent from the
Department of Fisheries and Oceans, Canada. In addition, expressions of
interest using a Canadian vessel under charter 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;
marketing of the product in the United States; other specific positive
effects on U.S. employment; evidence that fishing by the Canadian
vessel will actually take place; and any available documentation of the
physical characteristics and economics of the fishery for future use by
the U.S. fishing industry.
Any Canadian 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 including, but not limited to, submission of the
following reports to the NAFO Executive Secretary:
[[Page 77809]]
Provisional monthly catches within 30 days following the calendar month
in which the catches were made; 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; and
notification to NMFS of the termination of the charter fishing
activities. Furthermore, 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 are available from NMFS (see ADDRESSES).
In the event that multiple expressions of interest are made by U.S.
fishing interests to fish for NAFO Division 3LNO yellowtail in 2012,
the information submitted regarding benefits to the United States will
be used in making a selection. 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. Once a decision has been made regarding the disposition of the
fishing opportunity, NMFS will immediately take appropriate steps to
notify all applicants and will contact Canada and NAFO to take
appropriate action. Please note that if any 3LNO yellowtail flounder is
transferred from Canada and subsequently awarded to a U.S. vessel or a
specified chartering operation during 2012, it may not be transferred
without the express, written consent of NMFS.
Dated: December 9, 2011.
Rebecca Lent,
Director, Office of International Affairs, National Marine Fisheries
Service.
[FR Doc. 2011-32099 Filed 12-13-11; 8:45 am]
BILLING CODE 3510-22-P
