[Federal Register Volume 70, Number 201 (Wednesday, October 19, 2005)]
[Notices]
[Pages 60790-60793]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20939]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[Docket No. 051012261-5261-01; I.D. 092605A]
RIN 0648-AT68


2006 Atlantic Sea Scallop Research Set-Aside Program

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

ACTION: Notice.

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SUMMARY: NMFS requests research proposals for fishing year 2006 (March 
1, 2006 - February 28, 2007) to utilize portions of the total allowable 
catch (TAC) and Days-at-Sea (DAS) allowance in the Atlantic sea scallop 
fishery that have been set aside by the New England Fishery Management 
Council (Council) for sea scallop research endeavors under a research 
set-aside (RSA) program. The program provides a mechanism to fund 
research and compensate vessel owners through the sale of fish 
harvested under the research quota. Vessels participating in an 
approved research project may be authorized by the Administrator, 
Northeast Region, NMFS (Regional Administrator), to harvest and land 
species in excess of any imposed trip limit or to harvest and land 
during fishery closures. Landings from such trips would be sold to 
generate funds that would help defray the costs associated with 
research projects. No Federal funds will be provided for research under 
this notification.

DATES: Applications must be received by NMFS no later than 5 p.m. EDT, 
November 18, 2005.

ADDRESSES: Electronic application submissions must be transmitted on-
line through http://www.grants.gov. Applications submitted through 
http://www.grants.gov will be accompanied by a date and time receipt 
indication on them. Since delays may be experienced when registering 
with Grants On-line near the end of a solicitation period, NOAA 
strongly recommends that you do not wait until the application deadline 
to begin the on-line application process. If an applicant does not have 
Internet access, hard copy proposals will be accepted, and the date 
will be recorded when the proposals are received in the program office. 
Paper applications must be sent to NMFS, Northeast Regional Office, One 
Blackburn Drive, Gloucester, MA 01930. Electronic or hard copies 
received after the deadline will not be considered, and hard copy 
applications will be returned to the sender.

FOR FURTHER INFORMATION CONTACT: Information on the Atlantic Sea 
Scallop Fishery Management Plan (FMP), as it relates to this funding 
opportunity, contact Andrew Applegate, New England Fishery Management 
Council, by phone (978) 465-0492, or Paul Perra, NMFS, by phone (978) 
281-9153, fax (978) 281-9135, or email <a href="/cdn-cgi/l/email-protection#1848796d7436487d6a6a795876777979367f776e"><span class="__cf_email__" data-cfemail="ffaf9e8a93d1af9a8d8d9ebf91909e9ed1989089">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Electronic Access

    Application information is available at http://www.grants.gov. 
Electronic 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.ago.noaa.gov/grants/appkit.shtml. 
Applicants without Internet access can contact Rich Maney, NMFS, 
Northeast Regional Office, One Blackburn Drive, Gloucester, MA 01930, 
by phone 978-281-9265, by fax 978-281-9117, or by email at 
<a href="/cdn-cgi/l/email-protection#5e0c373d3670133f303b271e30313f3f70393128"><span class="__cf_email__" data-cfemail="8edce7ede6a0c3efe0ebf7cee0e1efefa0e9e1f8">[email protected]</span></a>.
    For a copy of the full funding opportunity announcement for this 
request for proposals and to apply for this NOAA Federal funding

[[Page 60791]]

opportunity, please go to http://www.grants.gov and use the following 
funding opportunity number: NMFS-NERO-2006-2000403.

Background

    For fishing year 2006, the Council has set aside portions of the 
TAC and DAS allowance in the sea scallop fishery to be used for sea 
scallop research endeavors under a RSA program. The RSA program 
provides a mechanism to fund research and compensate vessel owners 
through the sale of fish harvested under the research quota. Research 
proposals are, therefore, sought to utilize the three set-asides 
implemented by Amendment 10 to the Atlantic Sea Scallop Fishery 
Management Plan (Amendment 10) (69 FR 35194, June 23, 2004), and 
Frameworks 16 to the Atlantic Sea Scallop FMP and 39 to the Northeast 
Multispecies FMP (Joint Frameworks) (69 FR 63460, November 2, 2004). 
For Scallop Fishing Year 2006, with the scallop value estimated at 
$4.95 per lb, the values of TAC and DAC are estimated as follows: (1) 
The DAS set-aside for the open fishing areas is 373 DAS, with an 
average catch rate of 1,900 lb/DAS (862 kg/DAS) and value of 
$3,508,065; (2) the research TAC set-aside for the Closed Area (CA) I 
Access Area is 56,482 lb (26 mt), with a value of $279,586; and (3) the 
research TAC set-aside for the Nantucket Lightship Access Area (NLAA) 
is 135,937 lb (62 mt), with a value of $672,888. Thus, for fishing year 
2006, the total value of the set-asides available for scallop-related 
research is approximately $4,460,539 (79 percent from the open area DAS 
set-aside, 6 percent from the CA I, and 15 percent from the NLAA). 
Researchers must specify the amount of set-aside (TAC or DAS, as 
appropriate) sought from each area.
    Under the area access program implemented by Amendment 10, limited 
access sea scallop vessels will be allowed to land scallops in excess 
of the proposed possession limit or to take additional trips above 
those proposed in the area access program. The proceeds of the excess 
catch or additional trips may be used by such vessels to offset the 
costs of the research proposals submitted in response to this notice. 
The access areas will remain open until one of four events trigger a 
closure: (1) The fishing year ends (February 28, 2007); (2) finfish 
catches exceed TACs established by the Joint Frameworks; (3) the 
vessels use all of the trips authorized under the area access program; 
or (4) the fishing season, as established by the Joint Frameworks, 
ends.
    Amendment 10 expanded the RSA program to all areas where scallop 
fishing occurs, including regular open fishing areas. For each fishing 
year, 2 percent of the total allowable DAS allocations will be set-
aside for scallop related research activities, before determining 
annual fishing allocations for limited access scallop vessels. This 
pool of DAS is available for authorized research projects under which 
vessels may participate in scallop research programs and/or conduct 
trips to compensate for research expenses incurred. The vessel may be 
authorized to conduct additional trips of a specified duration that 
will not be counted against the vessel's annual DAS allocation as 
compensation.
    Vessels participating in an approved project and fishing in a Sea 
Scallop Access Area, will be authorized by the Regional Administrator 
to: Take additional trips into the area(s) and/or to land scallops in 
excess of the possession limits established by the Joint Frameworks 
(18,000 lb or 8,165 kg for full-time vessels, 14,400 lb or 6,532 kg for 
part-time vessels, and 3,000 lb or 1,361 kg for occasional vessels).

Funding Availability

    No Federal funds are provided for research under this notification, 
but rather the opportunity to fish and sell the catch to generate 
income. The Federal Government's contribution to the project will be a 
Letter of Authorization (LOA) that will provide special fishing 
privileges in response to sea scallop research proposals selected to 
participate in this program. Funds generated from landings harvested 
and sold under the Scallop RSA Program shall be used to cover the cost 
of research activities, including vessel costs. For example, the funds 
may be used to pay for gear modifications, monitoring equipment, the 
salaries of research personnel, or vessel operation costs. The Federal 
Government shall not be liable for any costs incurred in the conduct of 
the project. Specifically, the Federal Government is not liable for any 
costs incurred by the researcher or vessel owner should the sale of 
catch not fully reimburse the researcher or vessel owner for his/her 
expenses. In the past, 2-6 awards have been approved each fishing year. 
During the 2005 fishing year, six awards were approved, distributing a 
total of 290,634 lb of TAC and 220 DAS.

Statutory Authority

    Issuing grants is consistent with sections 303(b)(11), 402(e), and 
404(c) of the Magnuson-Stevens Fishery Conservation and Management Act, 
16 U.S.C. 1853(b)(11), 16 U.S.C. 1881a(e), and 16 U.S.C. 1881(c), 
respectively.
    The ability to set aside scallop TAC and DAS was established 
through Amendment 10 (69 FR 35194, June 23, 2004), and Joint Frameworks 
(69 FR 63460, November 2, 2004).

CFDA Number

    In the Catalog of Federal Domestic Assistance, the program number 
is 11.454, and the program name is Unallied Management Projects.

Eligibility

    1. Eligible applicants are institutions of higher education, 
hospitals, other nonprofits, commercial organizations, individuals, 
state, local and Indian tribal governments. Federal agencies or 
institutions are not eligible to receive Federal assistance under this 
notice. Also, a person is not eligible to submit an application under 
this program if he/she is an employee of any Federal agency. Fishery 
Management Council members who are not Federal employees may submit an 
application.
    2. DOC/NOAA supports cultural and gender diversity and encourages 
women and minority individuals and groups to submit applications to the 
RSA program. In addition, DOC/NOAA is strongly committed to broadening 
the participation of historically black colleges and universities, 
Hispanic serving institutions, tribal colleges and universities, and 
institutions that work in under served areas. DOC/NOAA encourages 
proposals involving any of the above institutions.
    3. DOC/NOAA encourages applications from members of the fishing 
community and applications that involve fishing community cooperation 
and participation.

Cost Sharing Requirements

    None required.

Evaluation and Selection Procedures

    NMFS will solicit written technical evaluations from the Council 
members who make up the Scallop Committee and Research Steering 
Committee (Committees), and from three or more appropriate private and 
public sector experts (e.g., scallop industry, academia, or 
governmental experts) to determine the technical merit of the proposal 
and to provide a rank score of the project based on the criteria 
described in the Evaluation Criteria section of this document. 
Following completion of the technical evaluation, NMFS will convene a 
review panel, containing members from the Committees and technical 
experts, to review and individually critique the scored

[[Page 60792]]

proposals to enhance NOAA's understanding of the proposals. Initial 
successful applicants may be required, in consultation with NMFS, to 
further refine/modify the study methodology as a condition of project 
approval. No consensus recommendations will be made by the Committee 
members, technical experts, or by the review panel.
    The merit review ratings shall provide a rank order to the 
Selecting Official (Regional Administrator) for final funding 
recommendations. A program officer may first make recommendations to 
the Selecting Official applying the selection factors. The Selecting 
Official shall award in the rank order unless the proposal is justified 
to be selected out of rank order based upon one or more of the factors 
listed under Selection Factors.

Evaluation Criteria

    1. Importance and/or relevance and applicability of the proposed 
project: This criterion ascertains whether there is intrinsic value in 
the proposed work and/or relevance to NOAA, Federal, regional, state, 
or local activities. For the 2006 RSA program, applicants must provide 
a clear definition of the problem, need, issue, or hypothesis to be 
addressed. The proposal should describe its relevance to RSA program 
priorities and detail how the data gathered from the research will be 
used to enhance the understanding of the fishery resource or contribute 
to the body of information on which management decisions are made. (30 
points)
    2. Technical/scientific merit: This criterion assesses whether the 
approach is technically sound and/or innovative, if the methods are 
appropriate, and whether there are clear project goals and objectives. 
For the 2006 RSA Program, proposals should provide a clear definition 
of the approach to be used, including descriptions of field work, 
theoretical studies, and laboratory analysis to support the proposed 
research. (15 points)
    3. Overall qualifications of the project: This criterion assesses 
whether the applicant and team members possess the necessary education, 
experience, training, facilities, and administrative resources to 
accomplish the project. For the 2006 RSA Program, proposals should 
provide adequate justification as to how the project is likely to 
achieve its stated objectives. Projects should demonstrate support, 
cooperation, and/or collaboration with the fishing industry. (35 
points)
    4. Project costs: This criterion evaluates the budget to determine 
if it is realistic and commensurate with the project needs and time 
frame. For the 2006 RSA program, cost-effectiveness of the project will 
be considered. (10 points)
    5. Outreach and education: This criterion assesses whether the 
project involves a focused and effective education and outreach 
strategy regarding NOAA's mission to protect the Nation's natural 
resources. For the 2006 RSA Program, proposals should provide 
identification of anticipated benefits, potential users, likelihood of 
success, and methods of disseminating results. (10 points)

Selection Factors:

    1. Availability of funding.
    2. Balance/distribution of funds:
     a. Geographically
     b. By type of institutions
     c. By type of partners
     d. By research areas
     e. By project types
    3. Whether this project duplicates other projects funded or 
considered for funding by NOAA or other Federal agencies.
    4. Program priorities and policy factors.
    5. Applicant's prior award performance.
    6. Partnerships and/or participation of targeted groups.
    7. Adequacy of information necessary to conduct a National 
Environmental Policy Act (NEPA) analysis and determination.
    Key program policy factors (see item 4 above) to be considered by 
the Selecting Official are: (1) The time of year the research 
activities are to be conducted; (2) the ability of the proposal to meet 
the applicable experimental fishing requirements; (3) redundancy of 
research projects; and (4) logistical concerns. Therefore, the highest 
scoring projects may not necessarily be selected for an award. All 
approved research must be conducted in accordance with provisions 
approved by NOAA, and, if needed, provided in an Exempted Fishing 
Permit (EFP) issued by NMFS. Unsuccessful applications will be returned 
to the submitter. Successful applications will be incorporated into the 
award document.
    For proposals that request exemptions from existing regulations 
(e.g., possession limits, closed areas, etc.), the impacts of the 
proposed exemptions must be analyzed. Any applicants who request 
regulatory exemptions that extend beyond the DAS or TAC set-aside 
implemented in Amendment 10 or the Joint Frameworks may be required to 
adhere to the regulations governing the issuance of an EFP by NMFS. As 
appropriate, NMFS will consult with the Council and successful 
applicants to secure the information required for granting an exemption 
if issuance of an EFP is necessary for the research to be conducted. No 
research or usage of research TAC or DAS will be allowed until NMFS 
notifies the applicant that the applicant's EFP request is approved.

NEPA Requirements

    NOAA must analyze the potential environmental impacts, as required 
by NEPA, for applicant projects or proposals which are seeking NOAA 
Federal assistance opportunities, including special fishing privileges. 
Detailed information on NOAA compliance with NEPA can be found at the 
following website: http://www.nepa.noaa.gov/ including NOAA 
Administrative Order 216-6 for NEPA at: http://www.nepa.noaa.gov/NAO216_6_TOC.pdf, and the Council on Environmental Quality 
implementation regulations at: http://ceq.eh.doe.gov/nepa/regs/ceq/toc_ceq.htm.
    Consequently, as part of an applicant's package, and under the 
description of program activities, applicants are required to provide 
detailed information on the activities to be conducted, locations, 
sites, species, and habitat to be affected, possible construction 
activities, and any environmental concerns that may exist (e.g., the 
use and disposal of hazardous or toxic chemicals, introduction of non-
indigenous species, impacts to endangered and threatened species, 
aquaculture projects, and impacts to coral reef systems). The impacts 
of the TAC and DAS set-asides were analyzed in the Final Supplemental 
Environmental Impact Statement for Amendment 10, and the Joint 
Frameworks' associated Environmental Assessment. Therefore, if the 
applicant does not request additional regulatory exemptions beyond the 
use of RSA TAC and/or DAS, additional NEPA analysis may not be 
required. However, if the research proposal requests exemptions from 
regulations that extend beyond the TAC and DAS RSA, applicants may be 
required to provide additional specific information that will serve as 
the basis for any required impact analyses. Applicants may also be 
requested to assist NOAA in drafting an environmental assessment if 
NOAA determines such an assessment is required. Applicants will also be 
required to cooperate with NOAA in identifying and implementing 
feasible measures to reduce or avoid any identified adverse 
environmental impacts associated with their proposed

[[Page 60793]]

research activity. The failure to do so shall be grounds for the denial 
of an application.

Pre-Award Notification Requirements for Grants and Cooperative 
Agreements

    The Department of Commerce Pre-Award Notification Requirements for 
Grants and Cooperative Agreements contained in the Federal Register 
notice of December 30, 2004 (69 FR 78389), is applicable to this 
solicitation.

Reporting Requirements

    Recipients will be required to submit the following financial and 
performance (technical) reports. These reports are to be submitted 
electronically unless the recipient does not have Internet access, in 
which case hard copy submissions will be accepted. Financial Status 
Reports (SF-269 and SF-272) are required to be submitted to the Grants 
Officer semi-annually. Performance or progress reports are required to 
be submitted to the NOAA Program Officer semi-annually. These reports 
will be due no later than 30 days following the end of each six-month 
period from the start date of an award. The final report is due 90 days 
after the award expiration.
    The format of the final report may vary, but the report must 
contain:
    1. A brief summary of the completion report (200-word or less 
abstract);
    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 the work, and a description of how the work was accomplished;
    6. A detailed final accounting of all the fish landed, sold, and 
the disbursement of program income to include a detailed accounting of 
all funds used to conduct fish research, including those provided 
through the research set-aside; and
    7. Data from research projects must be submitted in electronic 
format with appropriate documentation to NMFS, as requested. All raw 
data collected under grants issued as a result of this solicitation 
belongs to, and shall remain the property of the Federal government. 
Grantees will be required to collect, assimilate, maintain and transmit 
any and all raw data in a format and time frame that may be specified 
by NMFS.

Universal Identifier

    Applicants should be aware that they are required to provide a Dun 
and Bradstreet Data Universal Numbering System (DUNS) number during the 
application process. See the October 30, 2002 (67 FR 66177) Federal 
Register for additional information. Organizations can receive a DUNS 
number at no cost by calling the dedicated toll-free DUNS Number 
request line at 1-866-705-5711 or via the internet http://www.dunandbradstreet.com.

Executive Order 12372

    Applications under this program are subject to Executive Order 
12372, ``Intergovernmental Review of Federal Programs.''

Limitation of Liability

    Funding for programs listed in this notice is contingent upon the 
availability of fishing year 2006 scallop TAC and/or DAS. In no event 
will NOAA or DOC be responsible for application preparation costs if 
these programs fail to receive a TAC or DAS award, or are cancelled 
because of other agency priorities. Publication of this announcement 
does not oblige NOAA to award any specific project or to obligate any 
available funds.

Paperwork Reduction Act (PRA)

    This document contains collection-of-information requirements 
subject to the PRA. The use of Standard Forms 424, 424A, 424B, SF-LLL, 
CD-346, SF269 and SF272 has been approved by the Office of Management 
and Budget (OMB) under the respective OMB control numbers 0348-0043, 
0348-0044, 0348-0040, 0348-0046, 0605-0001, 0348-0039 and 0348-0003. 
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 requirements of 
the PRA unless that collection of information displays a currently 
valid OMB control number.

Executive Order 12866

    This notice has been determined to be not significant for purposes 
of Executive Order 12866.

Executive Order 13132 (Federalism)

    It has been determined that this notice does not contain policies 
with Federalism implications as that term is defined in Executive Order 
13132.

Administrative Procedure Act (APA)/Regulatory Flexibility Act (RFA)

    Prior notice and an opportunity for public comment are not required 
by the APA or any other law for rules concerning public property, 
loans, grants, benefits, and contracts (5 U.S.C. 553(a)(2)). Because 
notice and opportunity for comment are not required pursuant to 5 
U.S.C. 553 or any other law, the analytical requirements of the RFA (5 
U.S.C. 601 et seq.) do not apply. Therefore, a regulatory flexibility 
analysis has not been prepared.

    Dated: October 13, 2005.
James W. Balsiger,
Acting Deputy Assistant Administrator for Regulatory Programs, National 
Marine Fisheries Service.
[FR Doc. 05-20939 Filed 10-18-05; 8:45 am]
BILLING CODE 3510-22-S


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