Application to Lease NE Multispecies DAS

APPLICATION TO LEASE
NE MULTISPECIES DAYS-AT-SEA (DAS)
FOR THE 2012 FISHING YEAR
Provide all information requested.
SUBMIT TO
Provide all information
requested.
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:
ONe

Owner Name:

Permit #: _____________

ONE BLACKBURN DRIVE, GLOUCESTER, MA 01930

Vessel Name:

Official #: _____________
(or state registration #)

This permit is:

Currently on the above vessel; or
In Confirmation of Permit History (CPH)

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: ___________________
(Lessor)

Dated: ____________________

Signed: ___________________
(Lessee)

Dated: ____________________

DAS Lease applications must be received by close of business March 1, 2013.
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 maximum number of DAS that can be leased has been eliminated

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 Control No. 0648-0475
Expiration Date: 12/31/2013

§ 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) Subject to the conditions and requirements of this part, DAS associated with a confirmation of permit history may be leased to another vessel
without placing the permit on an active vessel.
(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. Pursuant to paragraph (k)(2)(ii) of this section, DAS associated with
a confirmation of permit history may 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. . The history of leased DAS use shall be presumed to remain with the Lessor vessel. In the case of
multiple leases to one vessel, the history of leased DAS use shall be presumed to remain with the Lessor in the order in which such leases were
approved by NMFS. For the purpose of accounting for leased DAS use, leased DAS will be accounted for (subtracted from available DAS) prior to
allocated DAS.
(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.
(x) Leasing by vessels fishing under a sector allocation. A sector vessel may not lease DAS to or from common pool vessels, but may lease DAS to or
from another sector vessel during the fishing year in which the vessel is a member of a sector.
(xi) One-time downgrade of DAS Leasing Program baseline . Unless otherwise specified in paragraph (k)(4)(xi)(B) and (C) of this section, 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) Applicability of the one-time DAS Leasing Program baseline downgrade. 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.
(C) Duration of the one-time DAS Leasing Program baseline downgrade. Unless otherwise specified in this paragraph (k)(4)(xi)(C) of this section, 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. With the exception of vessels combining DAS Leasing Program baselines from two different vessels
through the DAS Transfer Program as outlined in
paragraph (k)(4)(xi)(C)(2) of this section, once the DAS Leasing Program baseline is downgraded for a particular permit, no further downgrades may
be authorized for that permit.