[Federal Register Volume 62, Number 47 (Tuesday, March 11, 1997)]
[Notices]
[Pages 11157-11158]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5951]


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DEPARTMENT OF COMMERCE

[Docket No. 960322092-7041-05; I.D. 122696A]
RIN 0648-ZA19


Gulf of Mexico Sustainable Fisheries Program

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final notice of availability of Federal assistance.

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SUMMARY: NMFS establishes a Gulf of Mexico Sustainable Fisheries 
Program that provides $10 million in fishery disaster assistance to the 
Gulf of Mexico (Gulf). NMFS will allocate the $10 million to the five 
Gulf states' fisheries resource agencies for projects or other measures 
designed to alleviate the long-term effects of the fishery resource 
disasters on the Gulf's fishery resources and associated habitat.

FOR FURTHER INFORMATION CONTACT:
Buck Sutter, at (813) 570-5324.

SUPPLEMENTARY INFORMATION: Background.
    Pursuant to his authority under section 308(d) of the 
Interjurisdictional Fisheries Act (16 U.S.C. 4107(d)) (IFA), the 
Secretary of Commerce (Secretary) declared fishery resource disasters 
on August 2, 1995, in the Pacific Northwest, New England, and the Gulf. 
With respect to the Gulf, the Secretary's disaster declaration 
(Declaration) cited multiple impacts. Nonpoint source nutrients and 
debris entering the Gulf as a result of the Mississippi River floods in 
1993 and 1994 caused severe hypoxia, a condition where the excess 
nutrients react to deplete the water of necessary oxygen, which spread 
to massive areas in the Gulf and threatened marine life and coastal 
resources. The flood debris created underwater hazards for commercial 
fishermen who suffered damaged or lost gear and vessels. In addition, 
the Secretary cited hurricanes that harmed fisheries habitat and 
engendered substantial economic damage and social disruption. Because 
of these impacts, the Secretary made $15 million available for the Gulf 
of Mexico for disaster relief.
    On June 10, 1996, NMFS published a final notice (61 FR 29350) 
describing the Gulf of Mexico Fisheries Disaster Program (FDP), which 
committed up to $5 million of the available $15 million for direct 
grants to commercial fishermen who suffered uninsured fishing vessel or 
gear damage or loss caused by the hurricanes, floods, or their 
aftereffects. Subsequently, on October 24, 1996, a notice was published 
(61 FR 55132) to expand eligibility under the FDP.
    Section 308(d) of the IFA allows the Secretary to help persons 
engaged in commercial fisheries by providing assistance indirectly 
through state and local government agencies. Therefore, the remaining 
$10 million in Gulf disaster assistance will go toward projects or 
other measures to alleviate the long-term impacts on Gulf fishery 
resources and associated habitat from conditions cited in the August 2, 
1995, Declaration. Because the impacts varied from state to state, this 
assistance is provided through the five Gulf state fisheries resource 
agencies, as they are in the best position to determine how the funds 
can be used.
    This notice establishes the criteria that will be used by NOAA to 
evaluate and fund state disaster assistance proposals. NOAA has been in 
consultation with the eligible state fishery resource agencies, and 
plans to invite proposals via letter. At that time, applicants will be 
provided additional details on applicable Federal assistance 
requirements. Once NMFS determines that a state's proposal(s) complies 
with all applicable terms, limitations, and conditions, NMFS will enter 
into a financial assistance agreement with that state for the 
administration of each project.
    After consultations with appropriate state officials and review of 
available information regarding the impacts of disasters that occurred 
from August 23, 1992, through December 31, 1995, NMFS has decided upon 
the following apportionment of funds: Alabama--$1 million; Florida--
$2.25 million; Louisiana--$4.5 million; Mississippi--$1 million; and 
Texas--$1.25 million.
    On behalf of the Secretary, NMFS published a Notice of Proposed 
Program on January 2, 1997 (62 FR 94), to solicit public comments. One 
written comment was received, from a Gulf state fishery resource 
agency. The comment expressed support for the proposed program, stating 
that the criteria established in the notice will allow states to design 
and implement projects that will benefit fishery resources and habitats 
in the long term. NMFS agrees and has therefore made no changes to the 
program.

Criteria

    In order to be considered for funding, a state proposal must adhere 
to the following criteria:
    1. The proposed project(s) must be consistent with the original 
intent of the Secretary's disaster declaration and the IFA (i.e., each 
project must address conditions resulting from nutrients and debris 
entering the Gulf as a result of floods, and/or hurricanes or 
hurricane-strength storms, from August 23, 1992 through December 31, 
1995); and
    2. Projects must address the long-term benefit of the fishery 
resource and associated habitat and must seek to create healthy, 
sustainable fisheries in the Gulf of Mexico; and
    3. Projects must not duplicate existing Federal, state, or local 
projects. However, they may augment or allow the maintenance of effort 
of existing projects, provided that those projects are consistent with 
all other criteria. In other words, separate projects may not be 
created if such projects already exist, but funds may be used to 
maintain existing projects; and
    4. Projects that primarily involve new data collection must show a 
clear relationship between that project and long-term benefits to the 
fishery resource that are attainable without additional funding. A new 
data collection project would not qualify under this program if the 
project would not provide sufficient useful information without future 
funding.
    Projects that would qualify under these criteria might include 
restoration/development of hurricane or flood-

[[Page 11158]]

damaged habitat, enhancement of stocks that declined due to hypoxia or 
habitat loss, or fishing capacity reduction projects to alleviate the 
excess capacity targeting the depleted stocks and to mitigate the 
financial harm suffered by fishermen who targeted these stocks.

Determinations and Administration

    All state grant proposals will be reviewed by the Department of 
Commerce, NOAA, and NMFS. Final project selections will be made by NMFS 
ensuring that there is no duplication with other projects funded by 
NOAA or other Federal organizations. If a proposal is accepted, NOAA 
will enter into a financial assistance agreement with the submitting 
state.
    NMFS may require states to submit semiannual project status reports 
on the use of funds and progress of the project to NMFS within 30 days 
after the end of each 6-month period. These reports would be submitted 
to the individual specified as the NMFS Program Officer in the funding 
agreement. NMFS may also require states to submit a final report within 
90 days after completion of each project to the NMFS Program Officer. 
The final report would describe the project and include an evaluation 
of the work performed and the results and benefits in sufficient detail 
to enable NMFS to assess the success of the completed project.
    NMFS is committed to using available technology to achieve the 
timely and wide distribution of final reports to those who would 
benefit from this information. Therefore, recipients may be required to 
submit final reports in electronic format, in accordance with the award 
terms and conditions, for publication on the NMFS Home Page.

Catalogue of Federal Domestic Assistance

    The Program is listed in the ``Catalogue of Federal Domestic 
Assistance'' under No. 11.452, Unallied Industry Projects.

Classification

    This program has been determined to be not significant for the 
purposes of E.O. 12866. The Assistant General Counsel for Legislation 
and Regulation of the Department of Commerce certified to the Chief 
Counsel for Advocacy of the Small Business Administration that this 
notice would not have a significant economic impact on a substantial 
number of small entities. No comments were received regarding this 
certification. As a result, no regulatory flexibility analysis was 
prepared. Because there are less than 10 applicants, the Paperwork 
Reduction Act does not apply.

    Authority: Public Law 99-659 (16 U.S.C. 4101 et seq.); Public 
Law 102-396; Public Law 104-134.

    Dated: March 5, 1997.
Nancy Foster, Ph.D.,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 97-5951 Filed 3-10-97; 8:45 am]
BILLING CODE 3510-22-M