[Federal Register Volume 66, Number 103 (Tuesday, May 29, 2001)]
[Notices]
[Pages 29090-29094]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13416]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[Docket No. 010410087-1131-02; I.D. 032901A]
RIN 0648-AO07
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 submit a proposal for and be selected to perform sea scallop
research projects during fishing years 2001 (March 1, 2001, through
February 28, 2002) and 2002 (March 1, 2002, through February 28, 2003)
funded by a 1-percent set-aside of the scallop total allowable catch
(TAC) under Framework Adjustment 14 to the New England Fishery
Management Council's (Council) Atlantic Sea Scallop Fishery Management
Plan (FMP), and how NOAA and the Council will determine whether to
select your proposal.
DATES: To be considered under this solicitation, all research proposals
that would utilize the fishing year 2001 TAC set-aside must be received
between May 29, 2001 and 5 p.m., EDT, on June 19, 2001 (see ADDRESSES
section of this document). To be considered under this solicitation,
all research proposals that would utilize only the fishing year 2002
TAC set-aside must be received between May 29, 2001 and 5 p.m., EST, on
November 1, 2001, in the Northeast Regional Office (see ADDRESSES
section of this document).
Postmarks indicating the proposals were mailed on these dates will
not be sufficient. Facsimile applications will not be accepted. For
further information related to the timeframe and procedures for
submission, review, and selection of proposals to be conducted with TAC
set-aside funds from the Hudson Canyon and Virginia Beach Areas, 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, One Blackburn Drive,
Gloucester, MA 01930. Mark proposals ``Attention--Sea Scallop Research
Proposals.''
Copies of the Standard Forms for submission of research proposals
may be found on the Internet in a PDF (Portable Document Format)
version at http://www.ofa.noaa.gov/grants/index.html under the title
``Grants Management Forms,'' or by contacting the Council office (see
FOR FURTHER INFORMATION CONTACT)
FOR FURTHER INFORMATION CONTACT: Patricia M. Fiorelli, New England
Fishery Management Council, (978) 465-0492, or Peter Christopher, NMFS,
(978) 281-9288.
[[Page 29091]]
SUPPLEMENTARY INFORMATION:
A. Background
The final rule implementing Framework 14 was published in the
Federal Register on May 1, 2001 (66 FR 21639). Framework 14 implements
a Scallop Area Access Program for the Hudson Canyon and Virginia Beach
Areas (formerly referred to as the Hudson Canyon South and Virginia
Beach Closed Areas, respectively). These areas have been closed since
1998. Under this areas access program, limited access sea scallop
vessels would be allowed to land scallops in excess of the possession
limit, or take additional trips above those provided for in the
program, and use the proceeds of the excess catch or additional trips
to offset the costs of the research proposals submitted in response to
this notice. The Hudson Canyon and Virginia Beach Sea Scallop Access
Areas were re-opened to scallop fishing upon implementation of the
final rule implementing Framework 14 (May 1, 2001). Authorization to
fish in the two Sea Scallop Access Areas would continue through the
2002 fishing year. Each year, the areas would remain open until one of
three events triggered a closure: (a) The fishing year ends (February
28, 2002, for fishing year 2001, and February 28, 2003, for fishing
year 2002); (b) the scallop landings from an area exceed the TAC and it
is closed by the Regional Administrator, Northeast Region, NMFS
(Regional Administrator); or (c) vessels use all authorized trips to
fish for scallops within one or both of the areas. Framework 14
authorizes three trips per vessel for each area in fishing year 2001
and three trips per vessel for each area in fishing year 2002, unless
modified by action taken by the Regional Administrator. NOAA, in
cooperation with the Council, is soliciting proposals for sea scallop
research for both the 2001 and 2002 fishing years utilizing TAC set-
aside from the Hudson Canyon and Virginia Beach Areas. Vessels
participating in an approved project and fishing in the Sea Scallop
Access Areas would be authorized by the Regional Administrator to take
additional trips into the areas and/or to land scallops in excess of
the 17,000-lb (7,711.1-kg) possession limit specified for fishing year
2001 and in excess of the 18,000-lb (8,164.7-kg) possession limit for
fishing year 2002.
All research proposals to be conducted with TAC set-aside funds
from the Hudson Canyon and Virginia Beach Areas must be received during
the submission period identified in the DATES section of this document.
Applicants must submit one signed original and two signed copies of the
completed application (including supporting information). Once the
applications are received, NOAA will either seek comments from the
Council through the Council's public review process, or convene a
Review Team, which will include representatives from the Council and
may include independent technical experts, for the purpose of reviewing
proposals in closed meetings under the direction of NOAA.
The total set-aside available for research is 293,256 lb (133.0
mt), an amount of scallops that has an approximate value of $1,173,024
(with prices varying according to season and availability). The TAC
set-aside for sea scallop research for the 2001 fishing year is as
follows: 139,575 lb (63 mt) for the Hudson Canyon Area; and 6,238 lb (3
mt) for the Virginia Beach Area. For the 2002 fishing year, the TAC
set-aside for research is: 141,428 lb (64 mt) for the Hudson Canyon
Area; and 6,015 lb (3 mt) for the Virginia Beach Area.
NOAA will award a grant to successful applicants through its grant
award process. The project period for sea scallop research cannot
predate the current Atlantic sea scallop fishing year. The project
period may not extend beyond February 28, 2003, and any portion of the
2001 fishing year TAC awarded must be caught for compensation by
February 28, 2002. The actual research portion of the proposals could
be conducted up through February 28, 2003, provided the compensation
portion of the proposal is conducted during the fishing year from which
the research TAC set-aside is being requested. Proposals to fund
research that started on or after the project period began are eligible
for consideration. However, if the project is not approved, any
research or expenditures related to this project will be the sole
responsibility of the researcher without any further compensation from
the TAC set-aside funds.
NMFS may, with the concurrence of the Council, publish a second
Request for Proposals for the fishing year 2002 if it is deemed
necessary.
B. Authority
Issuing grants is consistent with sections 402(e), 303(b)(11),
304(e), and 404(c) of the Magnuson-Stevens Fishery Conservation and
Management Act, 16 U.S.C. 1801 et seq.
C. Catalog of Federal Domestic Assistance
11.454, Unallied Management Projects
D. Funding Instrument and Project Period
NOAA will award a grant to successful applicants through its grant
award process. The project period for sea scallop research can not
predate the current Atlantic sea scallop fishing year, March 1, 2001.
The project period may not extend beyond February 28, 2003. Any portion
of the 2001 fishing year TAC awarded must be caught for compensation by
February 28, 2002. Proposals to fund research started on or after the
project period are eligible for consideration. However, if the project
is not approved, any research or expenditures related to this project
will be the sole responsibility of the researcher without any further
compensation from the TAC set-aside funds.
E. Funding Availability
No Federal funds are provided for sea scallop research under this
notice. 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 the Hudson Canyon and
Virginia Beach Areas, within or outside of the Sea Scallop Area Access
Program timeframe, and on board 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.
[[Page 29092]]
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, these funds 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 commercial organizations; non-profit organizations; state,
local or tribal governments; 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 document.
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 Sea Scallop Access Area within
which the research and/or compensation trip is to be conducted, and the
total amount of scallops requested for the project, including, using a
scallop meat value of $4.50 per pound, their average approximate
monetary value over the last year. Additionally, each proposal must
identify the requirements for the participating vessel(s) that would
make a Sea Scallop Access 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. 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 such agreement must be provided 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.
I. Confidentiality of Information
In the event that an application contains information or data that
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,
Confidential, Commercial, or Financial Information - Limited Use'' at
the top of the page to assist NOAA in making disclosure determinations.
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 FOIA. To the extent permitted under 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 (not listed in order of priority) that
also will be considered by the Council and NOAA follow:
1. Evaluation of ways to control predation on scallops; Research to
actively manage spat collection and seeding of sea scallops;
2. Social and economic impacts and consequences of closing areas to
enhance productivity and improve yield for sea scallops and other
species;
3. High resolution surveys that include distribution, recruitment,
mortality and growth rate information;
4. Estimation of factors affecting fishing power for eachlimited
access vessel;
5. Demonstration projects to identify ways to reducediscard
mortality, increase efficiency without increasing fishing power (e.g.,
decreasing processing time with sorters) and improve safety;
6. Research to identify scallop habitat and ecological
relationships that affect reproduction, recruitment mortality and
growth, including those enhanced/impeded by area closures;
7. Quantification of fishing costs related to fishing for sea
scallops in specific areas (e.g., fishing gear modification, steaming
time, and opportunity cost);
9. Identification of fishermen's perceptions about area-based
management and alternative strategies;
10. Processing and analyzing of data that will be collected or that
have already been collected;
11. Broader investigations of variability in dredging efficiency
across habitats (substrates, current velocities, etc.) times, areas,
and gear designs; and
12. Research that provides more detailed sea scallop lifehistory
information (especially on age-and area-specific natural mortality and
growth) and to identify stock-recruitment relationships.
K. Evaluation Criteria
The Council or the Review Team convened by NOAA will evaluate
proposals 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 likelyto 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).
[[Page 29093]]
L. Selection Procedures
Applications may be reviewed and evaluated by either the Council at
the request of NOAA or by the Review Team convened by NOAA. If the
Council is requested to review the proposals, the proposals will be
reviewed in a public meeting process by representatives of the Council
based on the criteria contained in Section K of this notice. The
Council's representatives would then make recommendations to the
Council. The Council would consider the recommendations of its
representatives, the Project Funding Priorities identified in Section
J, the Evaluation Criteria identified in Section K, and may also
consider the time of year the research activities are to be conducted,
ability to meet requirements under Section O of this notice, and
logistic concerns. The Council would then make its recommendations to
the Regional Administrator. NOAA would 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 FMP through
written notification to the applicant. Because NOAA will take into
account time of year the research activities are to be conducted,
ability to meet requirements under Section O of this notice, 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 solicit written technical evaluations based on the
evaluation criteria contained in Section K of this notice from three or
more private and/or public sector experts to determine the technical
merit of the proposal. Following completion of the technical
evaluation, NOAA will convene a Review Team whose members would
evaluate the proposals using the Project Funding Priorities identified
in Section J and the Evaluation Criteria identified in Section K of
this notice. Based on the individual recommendations of each of the
members of this Review Team, and based on program policy factors
identified in this notice, NOAA will provide final approval and
authorize vessels to participate in the 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 here. The
format may vary, but must include:
1. A project summary;
2. A narrative project description to include: (a) Projectgoals and
objectives; (b) the relationship of the proposed project to management
needs or priorities identified by the 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, state which scallop closed area the
research and/or compensation trip is to be conducted in, 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.ofa.noaa.gov/grants/index.html under the title
``Grants Management Forms,'' or by contacting the Council office (see
FOR FURTHER INFORMATION CONTACT); and
5. Supporting documents (resumes, cooperative researchagreements,
contracts, etc.).
N. Final Reports
NOAA and 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 collectionand
analyses;
4. A discussion of results and any relevant conclusionspresented 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 the work and a description of how that was accomplished; and
6. A detailed final accounting of all funds used toconduct sea
scallop research, 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 version at http://
www.ofa.noaa.gov/grants/index.htmlunder the title ``Grants Management
Forms'', or by contacting the Council office (see FOR FURTHER
INFORMATION CONTACT).
O. Other Requirements
Evaluations of the impacts of sea scallop research, which involve
exemptions to the current fishing regulations, other than those stated
in the 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 determinations regarding requirements under
the National Environmental Policy Act (NEPA) and other applicable laws.
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,
[[Page 29094]]
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 that 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 here 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 who 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. Pre-award 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, pre-award 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 (5 U.S.C. 553(a)(2)).
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 notice contains collection-of-information requirements subject
to the Paperwork Reduction Act. The use of Standard Forms 269, 424,
424A, 424B, and SF-LLL have been approved by OMB under the respective
control numbers 0348-0039, 0348-0043, 0348-0044, 0348-0040, and 0348-
0046.
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 Paperwork
Reduction Act, unless that collection displays a currently valid OMB
control number.
This action has been determined to be not significant for purposes
of Executive Order 12866.
Dated: May 23, 2001.
John Oliver,
Acting Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 01-13416 Filed 5-23-01; 4:15 pm]
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