Foreign Fishing Vessel Permit Application Package

Foreign Fishing Reporting Requirements

0075_0089ren08_general instructions_VIF_204banddpemitappinfo

From 0089: Information packet for vesel ID form and 3 permit types: directed, joint venture and transshipment

OMB: 0648-0075

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GENERAL INSTRUCTIONS FOR FOREIGN FISHING APPLICATIONS
REQUESTING PERMITS TO BE ISSUED UNDER SECTION 204 OF THE
MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT
Requests for permits to be issued under Section 204(b) of the
Magnuson-Stevens Fishery Conservation and Management Act (MSFCMA)
must be submitted by an authorized representative of a foreign
nation having a Governing International Fishery Agreement with
the United States. Representatives of applicant foreign fishing
nations must complete Vessel Identification Forms (VIF), as
appropriate, complete and sign the basic application form for
vessel permits to be issued under Section 204(b), and answer the
supplemental questions on joint venture operations. This
material must be submitted to the Department of State's Bureau of
Oceans and International Environmental and Scientific Affairs,
Office of Marine Conservation, Washington, D.C. 20520 (Phone
(202) 647-3940, Fax (202) 736-7350). At the time the application
material is submitted to the Department of State, an application
fee of $407.00 per vessel must be submitted to the Department of
Commerce's National Marine Fisheries Service, Office of
International Affairs, 1315 East West Highway, Silver Spring,
Maryland 20910 (Phone (301) 713-9090, Fax (301) 713-2313).
Checks must be drawn on U.S. banks and made payable to
"Department of Commerce - NOAA." Processing of applications does
not begin until application fees are paid.
Requests for permits to be issued under Section 204(d) of the
MSFCMA may be submitted by any person. Applicants must complete
VIF, as appropriate, together with a cover letter describing the
nature of the transshipments to be conducted and confirming that
the applicant will comply with the requirements of Section
201(c)(2) of the MSFCMA with respect to activities authorized by
any permit issued pursuant to the application. This material,
together with an application fee of $407.00 per vessel, must be
submitted to the Department of Commerce's National Marine
Fisheries Service, Office of International Affairs, 1315 East
West Highway, Silver Spring, Maryland 20910 (Phone (301) 7139090, Fax (301) 713-2313). Checks must be drawn on U.S. banks
and made payable to "Department of Commerce - NOAA." Processing
of applications does not begin until application fees are paid.
***
Submission of application information is mandatory in order to be
considered for a permit and is used in determining if a permit
should be issued. Except for any price information considered
and identified as confidential by applicants (see question 11 of
supplemental questions to be answered and attached to joint
venture applications), application information is not
confidential. Public reporting burden for this collection of
information is estimated to average 2 hours for joint venture
applications, 1.5 hours for fishing applications, and .75 hours
for transshipment applications. These estimates include the time
for reviewing instructions, searching existing data sources,
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gathering and maintaining the data needed, and completing and
reviewing the collection of information. Send comments regarding
this burden estimate or any other aspect of reducing this burden,
to the Office of International Affairs, National Marine Fisheries
Service, 1315 East West Highway, Silver Spring, Maryland 20910.
Notwithstanding any other provision of law, no person is required
to respond to, nor shall any person be subject to a penalty for
failure to comply with, a collection of information subject to
the requirements of the Paperwork Reduction Act, unless that
collection of information displays a currently valid OMB Control
Number.

OMB Control No.: 0648-0089

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INSTRUCTIONS FOR COMPLETING FISHING VESSEL
IDENTIFICATION FORMS (VIF) FOR FOREIGN FISHING PERMITS TO BE
ISSUED UNDER THE MAGNUSON-STEVENS FISHERY CONSERVATION AND
MANAGEMENT ACT (MSFCMA)
Complete a VIF form for each vessel for which a permit is
requested. Please read the instructions carefully before
beginning to enter information. VIF for permits to be issued
under Section 204(b) of the MSFCMA (e.g., joint venture permits)
should be submitted together with other appropriate application
material to the Department of State. VIF for permits to be
issued under Section 204(d) of the MSFCMA (i.e., transshipment
permits) should be submitted together with other appropriate
application material to the Department of Commerce. Timely
submissions of completed applications will ensure prompt
consideration of requests.
Type the form in English. Complete all appropriate items, except
the space near the top, right-hand corner labeled "NO:."
(1) Vessel Name: Enter the name of the vessel. Where
necessary, transliterate into Roman characters. Do not translate
the name into English.
(2) Call Sign: Enter the vessel identifying markings
permanently affixed to the vessel as required by the foreign
fishing regulations, normally the international radio call sign.
(3) Hull Number: Enter the hull number or other alpha-numeric
mark on the vessel.
(4)

Vessel Type:

Enter one of the following vessel types:

Stern Trawler/Processor
(small: 0 - 289 GRT)
(medium: 290 - 1,399 GRT)
(large: 1,400 plus GRT)

Factory Ship
Refrigerated Transport
Cargo Transport
Tanker

If other than one of the above, identify and describe the type.
(5) Length:
meter.

Enter the vessel's overall length to the nearest

(6) Gross Tons: Enter the gross registered tonnage, rounded to
the nearest metric ton.
(7) Net Tons: Enter the net registered tonnage, rounded to the
nearest metric ton.
(8) Maximum Speed: Enter the vessel's maximum speed in nautical
miles per hour.
(9) Owner Name and Address: Enter the names and mailing
addresses of all owners of the vessel. If there is more than one
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owner, enter the first name and address on the form and the other
names and addresses on attached pages. "Owner" includes any
person, company, or government agency that own(s) the vessels;
any charterer, whether bare boat, time, or voyage; and any person
or company that acts in the capacity of a charterer, including,
but not limited to, parties to a management agreement, operating
agreement, or any similar agreement that bestows control over the
destination, function, or operation of the vessel.
(10) Agent Name and Address: Enter the name and address of the
person in the United States that will act as agent for the vessel
in accordance with the requirement at Section 201(c)(2)(F) of the
MSFCMA.
(11) Processing Equipment: List any fish processing equipment
aboard the vessel such as fillet lines, freezers, surimi plant,
fish meal/oil plant, etc.
(12) Hold Capacity: Enter in cubic meters the hold capacity for
each hold or other space (including flash freezers) in which fish
or fish products may be stored. Use bale capacity only. If
there are more than four (4) holds, give the total hold capacity
in cubic meters. Otherwise, list the holds individually. Record
this information accurately; the information is used by NMFS
enforcement and U.S. Coast Guard personnel to determine the
quantity of fish or fish products aboard the vessel.
(13) Indicate if the vessel has fished in the EEZ in prior years
by listing the last permit application number. If the vessel has
never applied for a permit, indicate "none" in the space
provided.
(14) If joint venture activities are requested, place an "X"
after "YES" and attach the required supplemental information (see
supplemental questions on joint ventures).
(15) Indicate if the vessel is certified to be in compliance
with the flag nation's health and safety standards by placing an
"X" in the space provided.
(16)

Fisheries for Which a Permit is Requested:

Fishery: If the vessel is applying for a permit to be issued
under Section 204(b) of the MSFCMA (e.g., a joint venture
permit), enter the three letter code from the following list for
each fishery for which an application is made:
NWA - Northwest Atlantic Ocean
Requested Species: If the vessel is applying for a permit to be
issued under Section 204(b) of the MSFCMA, list the species
requested for joint ventures.

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Gear:

Leave blank.

Catch:
Process:

Leave blank.
Leave blank.

Activity - Other: If the vessel is applying for a permit to be
issued under Section 204(b) of the MSFCMA, using the Activity
Codes listed in Attachment 1, designate the activities requested
in each fishery using the format shown in Attachment 2.
(17) If the vessel is applying for a permit to be issued under
Section 204(d) of the MSFCMA, enter the latitude and longitude of
the transshipment point requested.
(18) If the vessel is applying for a permit to be issued under
Section 204(d) of the MSFCMA, indicate whether the transshipment
point requested above is in the internal or territorial waters of
a State and identify the State.

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FISHING VESSEL IDENTIFICATION FORM (VIF)
NO:
(1) VESSEL NAME:

(2) CALL SIGN:

(3) HULL NO:

(4) VESSEL TYPE:

(5) LENGTH (METERS):

(6) GROSS TONS:

(7) NET TONS:

(8) MAX SPEED (KNOTS):

(9)

OWNER NAME:
ADDRESS:

(10)

AGENT NAME:
ADDRESS:

(11)

PROCESSING EQUIPMENT:

(12)

HOLD CAPACITY
HOLD #1:

(IN CUBIC METERS - BALE CAPACITY ONLY):
HOLD #2:

HOLD #3:

HOLD #4:

(IF MORE THAN 4 HOLDS, GIVE TOTAL HOLD CAPACITY)
(13)

LIST LAST APPLICATION NUMBER

IF NONE, CHECK

(14)

ARE JOINT VENTURE OPERATIONS BEING REQUESTED? YES
ATTACH JOINT VENTURE SUPPLEMENTAL RESPONSES)

(15)

CHECK IF VESSEL IS CERTIFIED TO BE IN COMPLIANCE WITH THE FLAG
NATION'S HEALTH AND SAFETY STANDARDS

(16)

FISHERY FOR WHICH PERMIT IS REQUESTED:

NO

(IF YES,

A C T I V I T Y
FISHERY

SPECIES/TRANSHP.
LOCATION

GEAR

CATCH

PROCESS

OTHER

(17)

TRANSSHIPMENT POINT (LATITUDE AND LONGITUDE)

(18)

IS TRANSSHIPMENT POINT WITHIN THE INTERNAL OR TERRITORIAL WATERS OF
A STATE? YES
NO
IF YES, IDENTIFY STATE

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INSTRUCTIONS FOR THE BASIC APPLICATION FORM FOR
VESSEL PERMITS TO BE ISSUED UNDER SECTION 204(b)
1. Fishery: Enter "NWA" to denote "Northwest Atlantic Ocean" as the
fishery in which fishing operations are being sought. Applicable
regulations and descriptions for each fishery are contained in the foreign
fishing regulations (50 CFR Part 600, Subpart F). Applications for
fisheries other than those identified in the regulations should be
submitted by letter to the U.S. Department of State. In order that full
consideration may be given to the request, such letter applications should
fully describe the proposed fishing operation and provide the following
information: fishery, species, gear, and tonnage requested, if any; or
nature of fishing operations requested.
2. Species: Enter the species requested for the joint venture (JV). If
only support operations involving activity codes 5, 6, 7, 8 or 9 (to be
designated on individual VIF) are being requested, enter "Support" in the
"Species" column and leave the remaining columns blank.
3. Total Tonnage Requested for Each Species: Leave the "Directed" column
blank. Enter requested JV transfer amounts in the "Joint Venture" column.

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THE UNITED STATES OF AMERICA
DEPARTMENT OF COMMERCE
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
BASIC APPLICATION FORM TO REQUEST VESSEL PERMITS
TO BE ISSUED UNDER SECTION 204(b) OF THE
MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT
In accordance with the provisions of the Magnuson-Stevens Fishery
Conservation and Management Act, the Government of
submits this permit application for vessels operating under its flag to
fish within the Exclusive Economic Zone of the United States, or beyond
that zone for anadromous species.
Vessel Identification Forms and supplemental information describing
any joint venture operations are attached to this application. The
fisheries, species, and quantities requested for directed and/or joint
venture operations are as follows:
Fishery

Species

Total Tonnage Requested
For Each Species
Directed

Joint Venture

Submitted:
Date

Signature

Official's Title
Supplemental information describing each joint venture
operation proposed is attached to this application (see
instructions for supplemental questions on joint ventures).
Yes

No

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SUPPLEMENTAL QUESTIONS
TO BE ANSWERED AND ATTACHED TO
APPLICATIONS FOR JOINT VENTURE PERMITS
TO BE ISSUED UNDER SECTION 204(b)
Attach a response (typed on 8 1/2" by 11" paper) to the following
11 questions for each distinct joint venture requested (e.g., the
receipt of Atlantic mackerel from vessels of one company or
business enterprise would be distinct from the receipt of
Atlantic mackerel from vessels of another company or business
enterprise). The involvement of more than one foreign vessel or
of more than one vessel of the United States does not, in itself,
constitute a distinct venture.
Answer the questions completely. If you consider any price
information submitted in answer to question 11 proprietary, so
indicate.
(1) Names and types of foreign vessels to be employed.
of foreign vessels to be employed at any one time.

Number

(2) Names and types of vessels of the United States which have
been contracted and/or agreed to deliver U.S. harvested fish.
Number of U.S. vessels to be employed at any one time.
(3) Name, address, telephone number, and fax number of the
person within the United States who will coordinate these
operations with the foreign company. Note that the person may be
different than the designated representative referenced in the
foreign fishing regulations.
(4) Name, address, telephone number and fax number of person or
company within the United States who will be the American partner
and if different, the same information for the principal contact
with owners/operators of vessels of the United States.
(5) Geographical area(s) in which vessels will operate. Use
fishing area designations of the foreign fishing regulations.
(6)

Months and seasons during which vessels expect to operate.

(7) List by species and quantity the processed products expected
to be produced and ultimate expected market. Identify species
and quantities, if any, which will reenter the United States.
(8) Procedures to be employed to minimize the amount of
incidental catch and prohibited catch received by foreign
vessels. Describe intended disposition by species.
(9) Method of transfer from vessels of the United States to
foreign vessels (e.g., delivery of zippered cod ends to
processing vessels, transfer from deck to deck with initial
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sorting on vessels of the United States, transfer of unsorted
fish to transports for further delivery to processing vessels,
etc.).
(10) Relationship to other fishing operations (e.g., foreign
vessels will be used exclusively to receive United States
harvested fish, vessels of the United States will deliver certain
species to foreign vessels and other species to United States
fish processors, etc.). State if an application has been or will
be made to process fish in U.S. internal marine waters. Describe
any trade agreements or other considerations related to this
proposed fishing operation.
(11) Please provide, if possible, the approximate price, by
species, to be paid for United States harvested fish (U.S.
dollars per mt). If prices are under negotiation, please
specify, if possible, the range of prices being considered (U.S.
dollars per mt). If you consider any price information provided
proprietary, so indicate by submitting it on a separate sheet of
paper marked "considered proprietary information."

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ATTACHMENT 1
Activity codes are defined as follows:
1 - Catching, scouting, processing, transshipping, and supporting
foreign vessels. Activity is limited to fish harvested or to be
harvested by foreign vessels in the EEZ.
2 - Processing, scouting, transshipping, and supporting foreign
vessels. Activity is limited to fish harvested or to be
harvested by foreign vessels in the EEZ.
3 - Transshipping, scouting, and supporting foreign vessels.
Activity is limited to fish harvested or to be harvested by
foreign vessels in the EEZ.
4 - Processing, scouting, transshipping, and supporting U.S.
vessels delivering fish to foreign vessels. Activity is limited
to the receipt of unprocessed fish harvested or to be harvested
by U.S. vessels.
5 - Transshipping, scouting, and supporting foreign vessels.
Transshipments limited to fish received or to be received from
foreign vessels processing fish from U.S. harvesting vessels.
6 - Transshipping, scouting, and supporting U.S. vessels.
Transshipments limited to U.S. harvested fish processed aboard
U.S. vessels.
7 - Processing, transshipping, and supporting foreign vessels.
Activity limited to fish harvested or to be harvested by foreign
vessels seaward of the EEZ.
8 - Transshipping (*), and supporting foreign vessels. Activity
is limited to fish harvested or to be harvested seaward of the
EEZ by foreign vessels or fish duly authorized for processing in
the internal waters of one of the States.
9 - Supporting U.S. fishing vessels and U.S. fish processing
vessels and any foreign fishing vessels authorized under any
activity code under this section.
(*) Including transshipping to U.S. vessels.

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ATTACHMENT 2
EXAMPLES

a.) A factory ship which will participate in a JV and also expects to take
on fish processed at sea by U.S. vessels:
FISHERY

REQUESTED
SPECIES

NWA

Mackerel

GEAR

CATCH

PROCESS

OTHER
4,6

b.) A stern trawler with processing capability which will participate in a
JV and also expects to transfer in the EEZ fish from an internal waters
operation:
FISHERY

REQUESTED
SPECIES

NWA

Mackerel

GEAR

CATCH

PROCESS

OTHER
4,8

c.) A cargo/transport which expects to transfer in the EEZ fish which were
caught shoreward of the EEZ:
FISHERY

REQUESTED
SPECIES

GEAR

CATCH

NWA

PROCESS

OTHER
8

OMB Control No.: 0648-0089

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