[Federal Register Volume 65, Number 114 (Tuesday, June 13, 2000)]
[Notices]
[Pages 37118-37122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-14856]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[Docket No. 000531162-0168-02; I.D. 040400B]
RIN 0648-AN49
New England Fishery Management Council; Notice and Request for
Sea Scallop Research Proposals
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of solicitation for applications.
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SUMMARY: NMFS issues this document to describe how you, the researcher,
may be selected to perform sea scallop research projects funded by a 1-
percent set aside of the scallop total allowable catch (TAC) under
Framework Adjustment 13 to the New England Fishery Management Council's
(Council's) Atlantic Sea Scallop Fishery Management Plan (FMP) and
Framework Adjustment 34 to the Council's Northeast Multispecies FMP
(Frameworks 13/34) and how NOAA and the Council will determine whether
to select your proposal. Framework 13/34 proposes to allow scallop
vessels temporary access to the groundfish closed areas on Georges Bank
and Nantucket Shoals to harvest sea scallops and will allow selected
vessels to land scallops in excess of the trip limit or take additional
trips and use the proceeds of the catch or additional trips to offset
the costs of the research proposals submitted in response to this
notification. Pending approval by NOAA, certain scallop vessels during
the 2000 scallop fishing year will be allowed in Closed Area II, the
Nantucket Lightship Area, and Closed Area I for periods of time to be
specified in the final rule implementing the framework action.
Frameworks 13 and 34, if approved by NOAA, would allow for three trips
per vessel in Closed Area II, one trip per vessel in the Nantucket
Lightship Area, and two trips per vessel in Closed Area I, unless
modified by action taken by the Regional Administrator, Northeast
Region, NMFS (Regional Administrator).
In anticipation of final approval of these framework adjustments,
NOAA, in cooperation with the Council, is soliciting proposals for sea
scallop research activities. Vessels participating in an approved
project and fishing in the closed areas would be authorized by the
Regional Administrator to take additional trips into the closed areas
and/or to land scallops in excess of the 10,000-lb (4,536-kg) trip
limit allowed for all closed area trips.
DATES: All research proposals to be conducted with TAC set aside funds
from Closed Area II must be received between June 13, 2000 and no later
than 5:00 p.m., local time, on June 28, 2000, in the office listed in
the ADDRESSES section of this document. Postmarks will not be
sufficient. Facsimile applications will not be accepted.
For further information related to the timeframe for review and
selection of proposals to be conducted with TAC set aside funds from
Closed Area II and for information related to the TAC set aside for
research proposals for Closed Area I and the Nantucket Lightship Closed
Area, see Section A, Background, under SUPPLEMENTARY INFORMATION of
this document.
ADDRESSES: Proposals must be submitted to Patricia A. Kurkul, Regional
Administrator, NMFS, Northeast Regional Office, 1 Blackburn Drive,
Gloucester, MA 01930. Marked ``Attention--Sea Scallop Research
Proposals.''
FOR FURTHER INFORMATION CONTACT: Patricia M. Fiorelli, New England
Fishery Management Council, (978) 465-0492 or David Gouveia, National
Marine Fisheries Service, (978) 281-9280.
SUPPLEMENTARY INFORMATION:
A. Background
All research proposals to be conducted with TAC set aside funds
from Closed Area II must be received during the period identified in
the DATES section of this document. Prior to selection, applications
may be reviewed and evaluated by the Council at the request of NOAA and
become subject to public review as part of an open public comment
process at the Council meeting. If it is determined that the Council
should evaluate the proposals in a public meeting, the Council
anticipates that the review will occur on or about June 30, 2000.
Subsequently, the Council will provide its recommendations to NOAA no
later than July 7, 2000. Researchers may submit proposals for sea
scallop research to be conducted with TAC set-aside funds from the
Nantucket Lightship Closed Area and Closed Area I during the June 13,
2000 to June 28, 2000 submission period; however, a second Request for
Proposal will be published in the Federal Register concerning the
harvest of research set aside scallops from these areas at a later
date. All proposals received for TAC set-aside funds from the Nantucket
Lightship Closed Area and Closed Area I will be kept on file and
reviewed against other proposals received as a result of a future
notice. Researchers may amend proposals submitted under this notice for
TAC set-aside funds from the Nantucket Lightship Closed Area and Closed
Area I during the request for proposal period specified in a future
notice.
The TAC set-aside for sea scallop research would total 191,000 lb
(86,637.6 kg) of scallops and have an estimated value of $955,000. The
TAC for the sea scallop research by area would be as follows: Closed
Area II, 66,000 lb (29,937.6 kg); the Nantucket Lightship Area, 55,000
lb (24,948 kg); and Closed Area I, 70,000 lb (31,752 kg).
B. Authority
Issuing grants is consistent with Secs. 402(e), 303(b)(11), 304(e),
and 404(c)
[[Page 37119]]
of the Magnuson-Stevens Fishery Conservation and Management Act.
C. Catalog of Federal Domestic Assistance (CFDA)
11.454, Unallied Management Projects
D. Funding Instrument and Project Period
We will award a grant through the NOAA grant award process to
successful applicants. The project period for sea scallop research is
June 15, 2000, through June 15, 2001.
E. Funding Availability
No Federal funds are provided for sea scallop research under this
notification. The Federal Government's contribution to the project will
be a Letter of Authorization that will provide special fishing
privileges in response to sea scallop research proposals selected to
participate in this program. The Federal Government shall not be liable
for any costs incurred in the conduct of the project. The funds
generated from the additional landings authorized in the Letter of
Authorization shall be used to cover the cost of the sea scallop
research, including vessel costs, and to compensate vessel owners for
expenses incurred. Therefore, the owner of each fishing vessel selected
to land scallops in excess of the trip limit or from additional
authorized trips must use the proceeds of the sale of the excess catch
to compensate the researcher for costs associated with the research
activities and use of the vessel. Any additional funds above the cost
of the research activities (or excess program income) shall be retained
by the vessel owner as compensation for the use of his/her vessel.
F. Scope of Sea Scallop Research
Projects funded under the sea scallop TAC set aside program should
enhance understanding of the scallop resource or contribute to the body
of information on which management decisions are made. Sea scallop
research may be conducted in or outside of a closed area, within or
outside of the Sea Scallop Exemption Program timeframe, and onboard a
fishing or other type of vessel. Sea scallop research conducted with
these TAC set-aside funds also may or may not involve the harvest of
scallops.
Funds generated from the set-aside landings shall be used to cover
the cost of the research activities, including vessel costs, and to
compensate boats for expenses incurred during the collection of set-
aside scallops. For example, they could be used to pay for gear
modifications, monitoring equipment, additional provisions (e.g., fuel,
ice, food for scientists) or the salaries of research personnel. The
Federal Government is not liable for any costs incurred by the
researcher or vessel owner should the sale of the excess catch not
fully reimburse the researcher or vessel owner for their expenses.
G. Eligibility Criteria
All for-profit and non-profit institutions; state, local or tribal
governments; educational institutions; institutions of higher
education; and individuals are eligible to apply provided that all
proposal requirements are satisfied and the proposal is received by the
date specified in this notice.
Pursuant to Executive Orders 12876, 12900, and 13021, the
Department of Commerce, National Oceanic and Atmospheric Administration
(DOC/NOAA) is strongly committed to broadening the participation of
Historically Black Colleges and Universities, Hispanic Serving
Institutions and Tribal Colleges and Universities in its educational
and research programs. The DOC/NOAA vision, mission and goals are to
achieve full participation by Minority Serving Institutions (MSIs) in
order to advance the development of human potential, to strengthen the
nation's capacity to provide high-quality education, and to increase
opportunities for MSIs to participate in, and benefit from, Federal
Financial Assistance programs. DOC/NOAA encourages all applicants to
include meaningful participation of MSIs.
H. Proposal Requirements
Proposals must be submitted to NOAA and must identify the sea
scallop research to be conducted and the total amount of scallops
requested for the project, including their approximate cash value.
Additionally, each proposal must identify the requirements for the
participating vessel(s) that would make a closed area trip to collect
the scallop set aside. The vessel selected by the applicant should be
listed in the proposal, if possible, or specifically identified prior
to final approval by NOAA. Proposals may request that the scallop set-
aside be collected separately from the sea scallop research trip or
other related research trip. The separate sea scallop research
compensation trips do not necessarily have to be conducted by the same
vessel. The Council or NMFS contact person may provide assistance to
researchers who are seeking vessels to participate in the collection of
set aside scallops or directly in research projects. The Council or
NMFS may publish a list of those vessel owners willing to participate
through their respective homepages.
The researcher's proposal must state the amount of funds required
to support the research project, as well as the amount required to
compensate the vessel owner either for the collection of set aside
scallops or for participation in the research project, or both. The
proposal must also include the agreement between the vessel owner and
researcher that shows exactly how the research activity is to be paid
for, if possible, or provided prior to final approval by NOAA.
I. Project Evaluation and Approval
As stated earlier, applications may be reviewed and evaluated by
the Council at the request of NOAA and become subject to public review
as part of an open public comment process at the Council meeting. In
the event that an application contains information or data which the
applicant does not want disclosed prior to award for purposes other
than the evaluation of the application, the applicant should mark each
page containing such information or data with the words
``Privileged Information/Confidential/Commercial or Financial
Information--Limited Use'' at the top of the page to assist NOAA in
making disclosure determinations when submitting information to the
Council for review. DOC regulations implementing the Freedom of
Information Act (FOIA) are found at 15 CFR Part 4, ``Public
Information,'' which sets forth rules for DOC to make requested
materials, information, and records publicly available under the FOIA.
To the extent permitted under the FOIA, the contents of applications
and proposals submitted by successful applicants may be released in
response to FOIA requests.
J. Project Funding Priorities
Sea scallop research projects that identify and evaluate gear to
reduce groundfish bycatch and habitat impacts and that provide improved
information concerning scallop abundance estimates are considered high
priority by the Council. Sea scallop research that involves evaluating
the distribution, size composition, and density of scallops in the
closed areas prior to the open periods also will be considered high
priority. Other research needs are described in this section (not
listed in order of priority) and also will be considered by the Council
and NOAA.
1. Evaluation of ways to control predation on scallops;
[[Page 37120]]
2. Sea scallop research to actively manage spat collection and
seeding;
3. Social and economic impacts and consequences of closing areas to
enhance productivity and improve yield for scallops and other species;
4. High resolution surveys that include distribution, recruitment,
mortality and growth rate information;
5. Estimation of factors affecting fishing power for each limited
access vessel;
6. Demonstration projects to identify ways to reduce discard
mortality, increase efficiency without increasing fishing power (e.g.,
decreasing processing time with sorters) and improve safety;
7. Sea scallop research to identify scallop habitat and ecological
relationships that affect reproduction, recruitment mortality and
growth, including those enhanced/impeded by area closures;
8. Quantification of fishing costs related to fishing in specific
areas (e.g., fishing gear modification, steaming time, and opportunity
cost);
9. Experimental designs with control areas using alternative
management strategies, such as area licensing and rotational closures
(projects should include an analysis of yield improvement, habitat
impacts and social impacts, including conflict resolution across
fisheries);
10. Identification of fishermen's perceptions about area-based
management and alternative strategies;
11. Processing and analyzing of data that will be collected or that
have already been collected;
12. Broader investigations of variability in dredging efficiency
across habitats (substrates, current velocities, etc.) times, areas,
and gear designs; and
13. Sea scallop research that provides more detailed scallop life
history information (especially on age-and-area specific natural
mortality and growth) and to identify stock-recruitment relationships.
K. Evaluation Criteria
Independent technical experts may be asked to participate in the
evaluation process. Proposals will be evaluated based on the assigned
score for each of the following criteria:
1. A clear definition of the problem, need, issue or hypothesis to
be addressed (10 points);
2. A clear definition of the approach to be used, including
theoretical studies, laboratory analyses, and/or field work (15
points);
3. Adequate justification as to how the project is likely to
achieve its stated objectives (20 points);
4. Identification of anticipated benefits, potential users and
methods of disseminating results (10 points);
5. Relevance of the project to the research needs identified by the
Council (20 points);
6. Demonstration of support, cooperation and/or collaboration with
the fishing industry (15 points); and
7. Cost-effectiveness of the project (10 points).
L. Selection Procedures
If the Council participates in the selection process, the Council's
Research Steering Committee will evaluate each research proposal based
on the criteria identified in this notification and make
recommendations for selection to the Council. The Council will then
make its recommendations to the Regional Administrator based on the
Research Steering Committee recommendations. NOAA must then consider
the Council's recommendations, provide final approval of the projects
and authorize selected vessel(s) to exceed the possession limit, take
additional trips or be exempt from other regulations specified in the
Sea Scallop FMP through written notification to the applicant. Because
NOAA will take into account program policy factors such as time of year
the research activities are to be conducted, administrative functions
including evaluations of proposals through the Experimental Fishery
Procedures contained in 50 CFR 600.745 and 648.12, and logistic
concerns, projects may not be selected in the order recommended by the
Council.
If the Council does not participate in the evaluation of the
proposals, NOAA will convene a review panel to evaluate the proposals
using the same criteria and scoring process. Based on the
recommendation of the members of this panel and program policy factors
identified in this notification, NOAA would provide final approval and
authorize vessels to participate in the sea scallop research projects.
All sea scallop research must be conducted in accordance with
provisions approved by NOAA and provided in a Letter of Authorization
issued by NMFS.
M. Proposal Format
Proposals should be limited to 6 pages, excluding item 5. The
format may vary but must include:
1. A project summary;
2. A narrative project description to include: (a) Project goals
and objectives; (b) the relationship of the proposed project to
management needs or priorities identified by the New England Fishery
Management Council; (c) a statement of work (project design and
management--who is responsible, expected products, participants other
than applicant); and (d) a summary of the existing state of knowledge
related to project and contribution and relevance of the proposed work;
3. A description of all funding sources (including revenues derived
from the sale of scallops harvested under the research TAC set aside)
and funding needs; this element of the proposal must include the amount
of scallop TAC set aside requested and the expected funds to be
generated by the sale of those scallops; also the expected percentage
of funds to be allocated to the researcher and any involved fishing
vessel;
4. A budget that includes a breakdown of costs (permit costs,
equipment, supplies, overhead); applicants must submit a Standard Form
424 ``Application for Federal Assistance'' including a detailed budget
using Standard Form 424A, ``Budget Information-- Non-Construction
Programs,'' Standard Form 424B, ``Assurances--Non-Construction
Programs,'' and Commerce Department Form CD-511, ``Certifications
Regarding Debarment, Suspension and Other Responsibility Matters: Drug
Free Workplace Requirements and Lobbying.'' Copies of these Standard
Forms may be found on the Internet in a PDF (Portable Document Format)
version at http://www.whitehouse.gov/OMB/grants/index.html under the
title ``Grants Management Forms,'' or by contacting the New England
Fishery Management Council office; and
5. Supporting documents (resumes, cooperative research agreements,
contracts, etc.).
N. Final Reports
NOAA or the Council will require project researchers to submit an
interim and/or final report describing their research project results,
or other acceptable deliverable(s), in a timeframe that is specific to
the type of research conducted. The format of the final report may
vary, but must contain:
1. A brief summary of the final report;
2. A description of the issue/problem that was addressed;
3. A detailed description of methods of data collection and
analyses;
4. A discussion of results and any relevant conclusions presented
in a format that is understandable to a non-technical audience; this
should include benefits and/or contributions to management decision-
making;
5. A list of entities, firms or organizations that actually
performed
[[Page 37121]]
the work and a description of how that was accomplished; and
6. A detailed final accounting of all funds used to conduct sea
scallop research, and including those provided through the research
set-aside. The financial information must be submitted on Office of
Management and Budget Standard Form-269. Copies of this Standard Form
may be found on the Internet in a PDF (Portable Document Format)
version at http://www.whitehouse.gov/OMB/grants/index.html under the
title AGrants Management Forms,@ or by contacting the New England
Fishery Management Council office.
O. Other Requirements
Evaluations of the impacts of sea scallop research, which involve
exemptions to the current fishing regulations, other than those stated
in Sea Scallop FMP, will be made by NMFS. Vessels conducting certain
types of sea scallop research requiring relief from fishery regulations
may be required to obtain an Exempted Fishing Permit (EFP). To apply
for an EFP, interested parties must submit an application to NMFS at
least 60 days before the effective date of the EFP. Additional time
could be necessary for NMFS to make a determination about the need for
an Environmental Assessment. If required, preparation of this document
may be the responsibility of the researcher.
P. Other Requirements of Recipients
1. Federal Policies and Procedures
Recipients and subrecipients are subject to all Federal laws and
Federal and DOC policies, regulations, and procedures applicable to
Federal financial assistance awards.
2. Past Performance
Unsatisfactory performance under prior Federal awards may result in
a proposal not being selected.
3. Delinquent Federal Debt
A proposal submitted by an applicant who has an outstanding
delinquent Federal debt is not eligible for selection until either:
i. The delinquent account is paid in full,
ii. A negotiated repayment schedule is established and at least one
payment is received, or
iii. Other arrangements satisfactory to DOC are made.
4. Name Check Review
All non-profit and for-profit applicants are subject to a name
check review process. Name checks are intended to reveal if any key
individuals associated with the applicant have been convicted of or are
presently facing criminal charges such as fraud, theft, perjury, or
other matters which significantly reflect on the applicant's management
honesty or financial integrity.
5. Primary Applicant Certifications
All primary applicants must submit a completed Form CD-511,
``Certifications Regarding Debarment, Suspension and Other
Responsibility Matters; Drug-Free Workplace Requirements and
Lobbying,'' and the following explanations are hereby provided:
i. Nonprocurement Debarment and Suspension. Prospective
participants (as defined at 15 CFR 26.105) are subject to 15 CFR part
26, ``Nonprocurement Debarment and Suspension'' and the related section
of the certification form prescribed above applies;
ii. Drug-Free Workplace. Grantees (as defined at 15 CFR 26.605) are
subject to 15 CFR part 26, subpart F, ``Governmentwide Requirements for
Drug-Free Workplace (Grants)'' and the related section of the
certification form prescribed above applies;
iii. Anti-Lobbying. Persons (as defined at 15 CFR 28.105) are
subject to the lobbying provisions of 31 U.S.C. 1352, ``Limitation on
use of appropriated funds to influence certain Federal contracting and
financial transactions,'' and the lobbying section of the certification
form prescribed above applies to applications/bids for grants,
cooperative agreements, and contracts for more than $100,000, and loans
and loan guarantees for more than $150,000; and
iv. Anti-Lobbying Disclosures. Any applicant that has paid or will
pay for lobbying using any funds must submit an SF-LLL, ``Disclosure of
Lobbying Activities,'' as required under 15 CFR part 28, appendix B.
6. Lower Tier Certifications
Recipients shall require applicants/bidders for subgrants,
contracts, subcontracts, or other lower tier covered transactions at
any tier under the award to submit, if applicable, a completed Form CD-
512, ``Certifications Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion-Lower Tier Covered Transactions and Lobbying''
and disclosure form, SF-LLL, ``Disclosure of Lobbying Activities.''
Form CD-512 is intended for the use of recipients and should not be
transmitted to DOC. SF-LLL submitted by any tier recipient or
subrecipient should be submitted to DOC in accordance with the
instructions contained in the award document.
7. False Statements
A false statement on an application is grounds for denial or
termination of funds and grounds for possible punishment by a fine or
imprisonment as provided in 18 U.S.C. 1001.
8. Preaward Activities
If you incur any costs prior to receiving an award agreement signed
by an authorized NOAA official, you do so solely at your own risk of
these costs not being included under the award. Notwithstanding any
verbal or written assurance that you may have received, preaward costs
are not allowed under the award unless the grants officer approves them
in accordance with 15 CFR 14.28.
9. Future Awards
If we select your application to perform sea scallop research to be
conducted with the scallop TAC set aside, we have no obligation to
provide any additional TAC set-aside obligations in connection with
that award.
Classification
Prior notice and opportunity for public comments are not required
by the Administrative Procedure Act or any other law for this notice
concerning grants, benefits, and contracts.
Because a general notice of proposed rulemaking as specified in 5
U.S.C. 533, or any other law, was not required for this action, the
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are not applicable.
This document contains collection of information requirements
subject to the Paperwork Reduction Act (PRA). The standard application
forms have been approved by the Office of Management and Budget (OMB)
under control numbers 0348-0043 and 0348-0044. 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 PRA, unless that collection
displays a currently valid OMB control number.
Applications under this program are subject to Executive Order
12372, ``Intergovernmental Review of Federal Programs.''
This action has been determined to be not significant for purposes
of E.O. 12866.
[[Page 37122]]
Dated: June 7, 2000.
William Fox,
Acting Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 00-14856 Filed 6-8-00; 2:59 pm]
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