NE Multispecies Application to Lease Days at Sea

APPLICATION TO LEASE
NE MULTISPECIES DAYS-AT-SEA (DAS)
FOR THE 2009 FISHING YEAR
Provide all information requested.
SUBMIT TO
NE MULTISPECIES DAS LEASING PROGRAM
US DEPARTMENT OF COMMERCE, NOAA
NATIONAL MARINE FISHERIES SERVICE
55 GREAT REPUBLIC DRIVE, GLOUCESTER, MA 01930

Lessor (Person Transferring DAS) Information:
Owner Name:

Permit #: _____________

Vessel Name:

Official #: _____________
(or state registration #)

Lessee (Person receiving DAS) Information:
Owner Name:

Permit #: _____________

Vessel Name:

Official #: _____________
(or state registration #)

Number of NE Multispecies DAS to be Leased: __________
Total Price Paid for Leased DAS: ___________

Signed:

Signed: ___________________
(Lessor)

Dated:

(Lessee)

Dated: ____________________

DAS Lease applications must be received by close of business March 1, 2010.
DAS may be leased only through the end of the current fishing year and must be used in accordance with the
regulations found at 50 CFR 648.82(k). Please see a summary of conditions and restrictions on the reverse
side of this form.
NOTE:

Lessee’s ability to receive leased DAS may be affected by the availability of DAS held by lessor.
Leasing DAS subsequent to a negative DAS balance will not compensate for the negative balance.
DAS leasing baselines may differ from the NE multispecies permit baseline used for vessel replacements.
DAS leasing baseline information is available at www.nero.noaa.gov/amend13/das_baseline.htm
The Final Interim Rule effective May 1, 2009 suspends both the restriction on the maximum number
of DAS that can be leased and the prohibition on Sector vessels leasing to or from ‘common
pool’ vessels.

This form is required to obtain approval for the leasing of DAS under 50 CFR 648.82(k) and to monitor DAS allocation and usage for limited access NE
multispecies permit holders. Signature of this form certifies that permit holders comply with limited access permit requirements specified in 50 CFR
648.4, and that the information provided on this form is true, complete and correct to the best of their knowledge, and made in good faith (18 U.S.C.
1001). Making a false statement on this form is punishable by law.
Information obtained from the lease application is held confidential as required by NOAA Administrative Order 216-100, Confidentiality of Fisheries
Statistics, and would be used only in summarized form (without identifying the source of data, i.e., vessel name, owner, etc.) for management of the
fishery in the future.
Notwithstanding any other provision of the 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.
Public reporting burden for this collection of information is estimated to average 5 minutes per response, including time for reviewing instructions,
searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the information. Send comments regarding
this burden estimate or suggestions for reducing this burden estimate or any other aspect of this collection of information to NMFS, 55 Great Republic
Drive, Gloucester MA 01930.
OMB Approval No. 0648-0475
Expires XX/XX/XXXX

§ 648.2 Definitions.
DAS Lease - the transfer of the use of DAS from one limited access NE multispecies vessel to another limited access NE multispecies vessel for a
period not to exceed a single fishing year.
DAS Lessee - the NE multispecies limited access vessel owner and/or the associated vessel that acquires the use of DAS from another NE
multispecies limited access vessel.
DAS Lessor - the NE multispecies limited access vessel owner and/or the associated vessel that transfers the use of DAS to another NE multispecies
limited access vessel.
Sub-lease - the leasing of DAS that have already been leased to another vessel
§ 648.82(k) NE Multispecies DAS Leasing Program.
1) Program description. Eligible vessels, as specified in paragraph (k)(2) of this section, may lease Category A DAS to and from other eligible vessels,
in accordance with the restrictions and conditions of this section. The Regional Administrator has final approval authority for all NE multispecies DAS
leasing requests.
(2) Eligible vessels. (i) A vessel issued a valid limited access NE multispecies permit is eligible to lease Category A DAS to or from another such
vessel, subject to the conditions and requirements of this part, unless the vessel was issued a valid Small Vessel or Handgear A permit specified under
paragraphs (b)(5) and (6) of this section, respectively, or is a valid participant in an approved Sector, as described in §648.87(a). Any NE multispecies
vessel that does not require use of DAS to fish for regulated multispecies may not lease any NE multispecies DAS.
(ii) DAS associated with a Confirmation of Permit History may not be leased.
(3) Application to lease NE multispecies DAS. To lease Category A DAS, the eligible Lessor and Lessee vessel must submit a completed application
form obtained from the Regional Administrator. The application must be signed by both Lessor and Lessee and be submitted to the Regional Office at
least 45 days before the date on which the applicants desire to have the leased DAS effective. The Regional Administrator will notify the applicants of
any deficiency in the application pursuant to this section. Applications may be submitted at any time prior to the start of the fishing year or throughout
the fishing year in question, up until the close of business on March 1. Eligible vessel owners may submit any number of lease applications throughout
the application period, but any DAS may only be leased once during a fishing year.
(4) Conditions and restrictions on leased DAS —(i) Confirmation of Permit History. DAS associated with a confirmation of permit history may not be
leased.
(ii) Sub-leasing. In a fishing year, a Lessor or Lessee vessel may not sub-lease DAS that have already been leased to another vessel. Any portion of a
vessel's DAS may not be leased more than one time during a fishing year.
(iii) Carry-over of leased DAS. Leased DAS that remain unused at the end of the fishing year may not be carried over to the subsequent fishing year by
the Lessor or Lessee vessel.
(v) History of leased DAS use and landings. Unless otherwise specified in this paragraph (k)(4)(v), history of leased DAS use will be presumed to
remain with the Lessor vessel. Landings resulting from a leased DAS will be presumed to remain with the Lessee vessel. For the purpose of
accounting for leased DAS use, leased DAS will be accounted for (subtracted from available DAS) prior to allocated DAS. In the case of multiple
leases to one vessel, history of leased DAS use will be presumed to remain with the Lessor in the order in which such leases were approved by NMFS.
(vi) Monkfish Category C, D, F, G and H vessels. A vessel that possesses a valid limited access NE multispecies DAS permit and a valid limited
access monkfish Category C, D, F, G, or H permit and leases NE multispecies DAS to or from another vessel is subject to the restrictions specified in
§648.92(b)(2).
(vii) DAS Category restriction. A vessel may lease only Category A DAS, as described under paragraph (d)(1) of this section.
(viii) Duration of lease. A vessel leasing DAS may only fish those leased DAS during the fishing year in which they were leased.
(ix) Size restriction of Lessee vessel. A Lessor vessel only may lease DAS to a Lessee vessel with a baseline main engine horsepower rating that is no
more than 20 percent greater than the baseline engine horsepower of the Lessor vessel. A Lessor vessel may only lease DAS to a Lessee vessel with
a baseline length overall that is no more than 10 percent greater than the baseline length overall of the Lessor vessel. For the purposes of this
program, the baseline horsepower and length overall specifications of vessels are those associated with the permit as of January 29, 2004, unless
otherwise modified according to paragraph (k)(4)(xi) of this section.
(xi) One-time downgrade of DAS Leasing Program baseline . For the purposes of determining eligibility for leasing DAS only, a vessel owner may elect
to make a one-time downgrade to the vessel's DAS Leasing Program baseline length and horsepower as specified in paragraph (k)(4)(ix) of this
section to match the length overall and horsepower specifications of the vessel that is currently issued the permit.
(A) Application for a one-time DAS Leasing Program baseline downgrade. To downgrade the DAS Leasing Program baseline, eligible NE multispecies
vessels must submit a completed application form obtained from the Regional Administrator. An application to downgrade a vessel's DAS Leasing
Program baseline must contain at least the following information: Vessel owner's name, vessel name, permit number, official number or state
registration number, current vessel length overall and horsepower specifications, an indication whether additional information is included to document
the vessel's current specifications, and the signature of the vessel owner.
(B) Duration and applicability of one-time DAS Leasing Program baseline downgrade. The downgraded DAS Leasing Program baseline remains in
effect until the DAS Leasing Program expires or the permit is transferred to another vessel via a vessel replacement, or through a DAS transfer unless
otherwise specified in this paragraph (k)(4)(xi)(B). Once the permit is transferred to another vessel, the DAS Leasing Program baseline reverts to the
baseline horsepower and length overall specifications associated with the permit prior to the one-time downgrade, unless otherwise specified. Once the
DAS Leasing Program baseline is downgraded for a particular permit, no further downgrades may be authorized for that permit. The downgraded DAS
Leasing Program baseline may only be used to determine eligibility for the DAS Leasing Program and does not affect or change the baseline
associated with the DAS Transfer Program specified in paragraph (l)(1)(ii) of this section, or the vessel replacement or upgrade restrictions specified at
§648.4(a)(1)(i)(E) and (F), or any other provision respectively. For vessels involved in a DAS Transfer Program transaction as described in paragraph
(l) of this section, if the transferee vessel baseline is adopted, consistent with the regulations under paragraph (l)(1)(ii) of this section, and the DAS
Leasing Program baseline of the transferee vessel was previously downgraded, consistent with the regulations under this paragraph (k)(4)(xi), the
downgraded DAS Leasing Program baseline specifications remain valid.