International Affairs; U.S. Fishing Opportunities in the Northwest Atlantic Fisheries Organization Regulatory Area, 16332-16334 [2021-06410]
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16332
Federal Register / Vol. 86, No. 58 / Monday, March 29, 2021 / Notices
The Commission was also concerned
that NMFS had not explicitly identified
that a 1 year renewal IHA was a onetime opportunity in our Federal
Register notices nor on our website.
NMFS has since identified in Federal
Register notices and on our website that
a renewal IHA is one time opportunity.
Preliminary Determinations
The survey activities proposed by
Atlantic Shores are identical to (and a
subset of) those analyzed in the initial
IHA, as are the method of taking and the
effects of the action. The mitigation
measures and monitoring and reporting
requirements as described above are
also identical to the initial IHA. The
planned number of days of activity will
be reduced given the completion of a
small portion of the originally planned
work. Therefore, the amount of take
proposed is equal to or less than that
authorized in the initial IHA. The
potential effect of Atlantic Shores’
activities remains limited to Level B
harassment in the form of behavioral
disturbance. In analyzing the effects of
the activities in the initial IHA, NMFS
determined that Atlantic Shores’
activities would have a negligible
impact on the affected species or stocks
and that the authorized take numbers of
each species or stock were small relative
to the relevant stocks (e.g., less than
one-third of the abundance of all
stocks).
NMFS has preliminarily concluded
that there is no new information
suggesting that our analysis or findings
should change from those reached for
the initial IHA. Based on the
information and analysis contained here
and in the referenced documents, NMFS
has determined the following: (1) The
required mitigation measures will effect
the least practicable impact on marine
mammal species or stocks and their
habitat; (2) the authorized takes will
have a negligible impact on the affected
marine mammal species or stocks; (3)
the authorized takes represent small
numbers of marine mammals relative to
the affected stock abundances; (4)
Atlantic Shore’s activities will not have
an unmitigable adverse impact on taking
for subsistence purposes as no relevant
subsistence uses of marine mammals are
implicated by this action, and; (5)
appropriate monitoring and reporting
requirements are included.
Endangered Species Act
Section 7(a)(2) of the Endangered
Species Act of 1973 (ESA; 16 U.S.C.
1531 et seq.) requires that each Federal
agency insure that any action it
authorizes, funds, or carries out is not
likely to jeopardize the continued
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17:20 Mar 26, 2021
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existence of any endangered or
threatened species or result in the
destruction or adverse modification of
designated critical habitat. To ensure
ESA compliance for the issuance of
IHAs, NMFS consults internally, in this
case with the NMFS Greater Atlantic
Regional Fisheries Office (GARFO),
whenever we propose to authorize take
for endangered or threatened species.
The NMFS Office of Protected
Resources is proposing to authorize the
incidental take of four species of marine
mammals which are listed under the
ESA: The North Atlantic right, fin, sei,
and sperm whale. The Bureau of Ocean
Energy Management (BOEM) and U.S.
Army Corps of Engineers consulted with
NMFS Greater Atlantic Regional Office
(GARFO) under section 7 of the ESA on
commercial wind lease issuance and
site assessment activities on the Atlantic
Outer Continental Shelf in
Massachusetts, Rhode Island, New York
and New Jersey Wind Energy Areas. The
resulting Biological Opinion, issued on
April 10, 2013, concluded the proposed
action may adversely affect but is not
likely to jeopardize the continued
existence of the four aforementioned
species.
On April 13, 2020, GARFO
determined that the 2013 Biological
Opinion remained valid for issuance of
Atlantic Shores’ initial IHA and that the
proposed MMPA authorization provides
no new information about the effects of
the action, nor does it change the extent
of effects of the action, or any other
basis to require reinitiation of the
Opinion. Similarly, on March 3, 2021,
GARFO concluded the same for
issuance of the Renewal IHA to Atlantic
Shores. Therefore, the 2013 Biological
Opinion meets the requirements of
section 7(a)(2) of the ESA and
implementing regulations at 50 CFR 402
for our proposed action to issue an IHA
under the MMPA, and no further
consultation is required.
The 2013 Biological Opinion and
amended ITS can be found at
www.fisheries.noaa.gov/national/
marine-mammal-protection/incidentaltake-authorizations-other-energyactivities-renewable.
Proposed Renewal IHA and Request for
Public Comment
As a result of these preliminary
determinations, NMFS proposes to issue
a renewal IHA to Atlantic Shores for
conducting marine site characterization
surveys off New York and New Jersey,
effective from April 20, 2021 through
April 19, 2022, provided the previously
described mitigation, monitoring, and
reporting requirements are incorporated.
A draft of the proposed and initial IHA
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can be found at https://
www.fisheries.noaa.gov/permit/
incidental-take-authorizations-undermarine-mammal-protection-act. We
request comment on our analyses, the
proposed Renewal IHA, and any other
aspect of this Notice. Please include
with your comments any supporting
data or literature citations to help
inform our final decision on the request
for MMPA authorization.
Dated: March 24, 2021.
Donna S. Wieting,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2021–06423 Filed 3–26–21; 8:45 am]
BILLING CODE 3510–22–P
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
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notification of U.S. fishing
opportunities.
AGENCY:
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 Moira.Kelly@noaa.gov.
SUMMARY:
E:\FR\FM\29MRN1.SGM
29MRN1
Federal Register / Vol. 86, No. 58 / Monday, March 29, 2021 / Notices
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: Pat.Moran@noaa.gov.
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
VerDate Sep<11>2014
17:20 Mar 26, 2021
Jkt 253001
available online at https://www.nafo.int/
Library/Commission/MeetingProceedings-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-atsea 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 reapply.
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, longterm 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
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16333
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).
E:\FR\FM\29MRN1.SGM
29MRN1
16334
Federal Register / Vol. 86, No. 58 / Monday, March 29, 2021 / Notices
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
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17:20 Mar 26, 2021
Jkt 253001
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
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Fmt 4703
Sfmt 4703
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
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XA955]
South Atlantic Fishery Management
Council; Public Meetings
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
E:\FR\FM\29MRN1.SGM
29MRN1
]]>Agencies
[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
