[Federal Register Volume 61, Number 112 (Monday, June 10, 1996)]
[Notices]
[Pages 29350-29354]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14591]



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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[Docket No. 960322092-6159-02; I.D. 032596B]
RIN 0648-ZA19


Gulf of Mexico Fisheries Disaster 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 Fisheries Disaster Program 
(Program) that will provide $5 million in financial assistance to 
commercial fishermen who suffered uninsured fishing vessel or gear 
damage or loss caused by hurricanes, floods, or their aftereffects. 
Assistance will be in the form of a discretionary grant only; this 
notice does not create an entitlement program.

DATES: Applications must be received by close of business October 7, 
1996.

ADDRESSES: Applications should be sent to Charles L. Cooper, Program 
Leader, Financial Services Division, National Marine Fisheries Service, 
1315 East-West Highway, Silver Spring, MD 20910. Comments regarding the 
burden-hour estimate or any other aspect of the collection-of-
information requirement contained in this notice should be sent to the 
same address.

FOR FURTHER INFORMATION CONTACT: Charles L. Cooper, Program Leader, 
(301) 713-2396.

SUPPLEMENTARY INFORMATION: On August 2, 1995, the Secretary of Commerce 
(Secretary) declared fisheries disasters in the Pacific Northwest, New 
England and the Gulf of Mexico (Gulf). The Secretary stated that the 
Gulf disaster arose from hurricanes and floods, and their aftereffects, 
occurring from August 23, 1992, through December 31, 1995. Commercial 
fishing vessels and gear were damaged or lost either as a direct result 
of these events or through contact with underwater hazards created by 
the storms and floods. Under the authority of the Interjurisdictional 
Fisheries Act (IFA) of 1986 (16 U.S.C. 4107(d)), as amended, a total of 
$5 million in Federal financial assistance is available to commercial 
fishermen in the Gulf of Mexico for uninsured losses due to vessel or 
gear loss or damage due to the natural disasters covered by the August 
2, 1995, disaster declaration.
    On behalf of the Secretary, NMFS published a Notice of Proposed 
Program on April 1, 1996 (61 FR 14293), to solicit public comments. In 
addition, the NOAA Office of Sustainable Development and 
Intergovernmental Affairs conducted three town meetings in Texas, 
Louisiana, and Florida, respectively, in order to solicit public 
comment on the proposed program.
    Comments received in writing or from public meetings in response to 
the proposed program are summarized and responded to in this document.
    During the comment period, Congress amended the IFA to provide NMFS 
with more program flexibility. Pursuant to these amendments, fishermen 
may now recover up to 100 percent of their uninsured loss, and 
fishermen who earn less than $2 million in net revenues annually from 
commercial fishing are now eligible to participate in the program.

Comments and Responses

    NMFS received 11 written responses to the proposed program. In 
addition, several points were raised on the record during the public 
meetings. In total, NMFS identified the following 10 distinct comments 
on the proposed program.
    Comment: Eight commenters suggested expanding the area eligible for 
assistance beyond the Gulf of Mexico to include other Florida coastal 
areas affected by the weather events that were the subject of the 
declared fisheries disasters.
    Response: The IFA provides for assistance to fishermen affected by 
declared fisheries disasters. The

[[Page 29351]]

Secretary's disaster declaration limited the weather-related fisheries 
disasters to the Gulf of Mexico, which NMFS has defined as bordered on 
the east by the Florida Dade/Monroe County line and including Florida 
Bay and the Florida Keys. Consequently, weather-related losses in other 
areas are not eligible for assistance at this time.
    Comment: One commenter suggested that vessel damage be eligible for 
compensation.
    Response: NMFS proposed to limit assistance for eligible weather-
related damage to fishing gear only because commercial insurance was 
available for vessel losses. However, information from Federal and 
state officials, as well as compelling public testimony, indicates a 
significant amount of vessel damage caused by the declared disasters. 
Therefore, NMFS has determined that assistance may also be provided for 
uninsured vessel loss or damage. Individual uninsured losses will be 
compensated for the amount of the uninsured loss, or for an amount not 
to exceed $7,500, whichever is less.
    Comment: Two commenters suggested that economic and property losses 
suffered by commercial fisheries support industries should be eligible 
for compensation.
    Response: The IFA limits assistance ``to persons engaged in 
commercial fisheries * * *.'' NMFS interprets this to mean only persons 
engaged in actual fishing or operation of a charter boat or head boat 
operation. Consequently, losses suffered by support industries are not 
eligible for assistance.
    Comment: One commenter suggested that damage caused by tropical 
storms be eligible for assistance.
    Response: The IFA provides that Federal assistance will be 
available only to commercial fishermen for harm arising from Hurricane 
Hugo, Hurricane Andrew, Hurricane Iniki, or any other natural disaster. 
The Secretary limited the definition of disasters of the magnitude 
foreseen by the IFA to hurricanes, as well as the devastating 
Mississippi River floods of 1993 and 1994, and their aftereffects. 
Consequently, damage due to tropical storms is ineligible under this 
program.
    Comment: One commenter suggested that a 45-day application period 
is too short, given the time elapsed since some of the eligible 
disasters and the fishermen's difficulty in assembling application 
information pertaining to these disasters.
    Response: NMFS agrees. The application period is increased to 120 
days.
    Comment: Many commenters at the public meetings in Texas, 
Louisiana, and Florida stressed that the scale of damage from eligible 
causes was so great that a cap of $5,000 on compensation on individual 
applications and $15,000 on aggregate applications from a single entity 
is inadequate.
    Response: NMFS agrees. Individual uninsured losses will now be 
compensated for the amount of the uninsured loss or for an amount not 
to exceed $7,500, and up to $22,500 in the aggregate, whichever is 
less.
    Comment: Six commenters suggested that the program include charter 
boat owners or operators.
    Response: Because the program will now include vessel damage or 
loss, NMFS has decided to extend financial assistance to charter or 
head boat owners or operators. Therefore, the definition of 
``fisherman'' now includes those persons providing a vessel for hire 
that carries recreational fishermen to engage in fishing for a fee.
    Comment: Many commenters at the public meetings felt the program 
should compensate for the fishermen's cost of labor since most 
fishermen repair their own gear.
    Response: While NMFS recognizes that many fishermen repair their 
own gear and vessels, labor cost would be difficult to document and 
would present significant verification concerns. In the interests of 
fair and efficient administration of the program, labor costs will not 
be reimbursed. Fishermen may recover, however, the costs of material 
used to repair their vessel or gear, subject to the conditions and 
limitations set forth in this notice.
    Comment: Many commenters at the public meetings felt that the 
program application requires too much information.
    Response: In order to avoid fraud and abuse of the program, 
applicants must provide sufficient documentation to prove all 
circumstances necessary to qualify for assistance. Therefore, NMFS 
requires the information requested in order to make accurate 
assessments of each alleged uninsured loss. However, the program allows 
for provision of alternative documentation if certain information 
cannot be obtained by the applicant. It is within the NMFS Financial 
Services Division's discretion to determine whether the documentation 
will be considered.
    Comment: One commenter suggested that financial assistance should 
be limited only to Hurricane Andrew victims.
    Response: Pursuant to the IFA, the Secretary announced that 
emergency aid would be available for persons engaged in commercial 
fishing who suffered from the declared fishery resource disasters 
arising from hurricanes, floods, or their aftereffects. Therefore, this 
assistance cannot be limited to victims of Hurricane Andrew.

I. Definitions

    Application means an application under this program.
    Applicant means an applicant under this program.
    Award means an approved grant under this program.
    Day means a calendar day.
    Division means the Financial Services Division, National Marine 
Fisheries Service, National Oceanic and Atmospheric Administration, 
U.S. Department of Commerce, 1315 East-West Highway, Silver Spring, MD 
20910.
    Eligible cause means any hurricane or flood, or its aftereffects, 
during a period from August 23, 1992, through December 31, 1995 
(including, but not limited to: Wind, waves, rising waters, and the 
debris or other obstructions caused by them or carried by them).
    Eligible waters means all state, Federal, and estuarine waters in 
the Gulf of Mexico, which is bounded in the east by the Florida Dade/
Monroe County line and includes Florida Bay and the Florida Keys.
    Fisherman means any natural or legal person who (1) Owns or leases 
a fishing vessel and/or fishing gear, or provides a vessel for hire 
that carries recreational fishermen to engage in fishing for a fee, (2) 
derives more than 50 percent of annual income from fishing, (3) has net 
revenues of less than $2 million annually from commercial fishing, and 
(4) is a U.S. citizen or permanent resident alien.
    Fishing means the legal harvesting of all types of aquatic animal 
and plant life (except marine mammals and birds) for the purpose of 
selling those catches into normal commercial distribution channels with 
the intent of earning a profit, or the provision of a vessel for hire 
that carries recreational fishermen to engage in fishing for a fee.
    Gear means all legal fishing gear and equipment including, but not 
limited to, nets, winches, and motor parts, and fixed gear such as 
pots, traps, and pound nets.
    Ineligible causes means any causes other than eligible causes, 
including (but not limited to) negligence.
    Loss means damage to or loss of gear or damage to vessels caused by 
eligible causes in eligible waters for which compensation has not been 
received, or will not be received, from insurance companies, state, or 
Federal programs

[[Page 29352]]

(other than this program), or any other sources.
    Loss gear means the gear for the loss of which an applicant is 
submitting an application under this program.
    Loss trip means the trip of the loss vessel during which the loss 
actually occurred (or, in the case of fixed gear, both the trip in 
which the loss gear was deployed and the trip in which the loss gear's 
loss was first discovered).
    Loss vessel means the vessel that was lost or damaged or from which 
the loss gear was, or last had been, deployed at the time of its loss.
    Negligence includes, but is not limited to, failure to: (1) Remain 
outside any navigation safety zone established around any offshore 
energy activities or other obstructions by any Federal or state 
authority; (2) avoid obstructions recorded on nautical charts or in the 
Notice to Mariners in effect at least 15 days before the loss or marked 
by a buoy or other surface marker (casualties occurring within a one-
quarter mile (0.4 kilometer) radius of obstructions so recorded or 
marked are presumed to involve the negligence or fault of the 
claimant); (3) abide by established Coast Guard navigational rules; or 
(4) use due care and diligence to avoid or mitigate the damage or loss.
    Notice means this final notice of availability of Federal 
assistance.
    Program means this program under the notice.
    Repair cost means the cost (at the time of loss) of repairing loss 
gear or vessel, including material costs for fishermen repairing their 
own gear.
    Replacement cost means the cost (at the time of loss) of replacing 
loss gear.
    Vessel means any fishing vessel, boat, or other water craft 
documented under the laws of the United States or registered under the 
laws of any state of the United States and used for fishing or 
activities directly related to fishing.

II. Eligibility

    The Program is available only to fishermen for the repair cost or 
replacement cost of fishing vessels and/or fishing gear loss in 
eligible waters due to eligible causes.

III. Documentation Requirements

    Applicants must provide sufficient documentation to prove all 
circumstances necessary to qualify for assistance (including, but not 
limited to, documentation evidencing that loss was more likely than not 
due to eligible causes). Specific types of documentation requested are 
identified in Section VIII below. Other documentation considered to be 
relevant by applicants may also be submitted. It will be within the 
Division's discretion to determine whether the documentation will be 
considered.

IV. Amount

    Each award shall be for up to 100 percent of the uninsured loss, 
except that (1) no award will exceed $7,500 and (2) no applicant will 
receive aggregate awards from multiple applications totaling more than 
$22,500.

V. Who May Apply

    Only U.S. citizens or permanent resident aliens who meet the 
definition of fisherman as set out in this notice, and who owned or 
leased the loss gear or vessel at the time the loss or damage occurred 
may apply. Lessors may not apply unless they bore the risk of the 
vessel or gear's loss.

VI. When to Apply

    Applications will be accepted during a 120-day period that begins 
on the date of publication of the final notice in the Federal Register. 
Applications received after this period will not be considered.
    If applications are sent by U.S. mail, their submission dates are 
the same as their postmark dates. If applications are sent any other 
way, their submission dates are the dates the Division receives them. 
All applications will be considered on a first-come/first-serve basis 
from the date of acceptance.

VII. Where to Apply

    Applicants must send applications to the Division (see ADDRESSES). 
All other correspondence or questions about this program or 
applications under it must also be addressed to the Division.

VIII. Application Contents

    Applicants must submit applications on forms provided by the 
Division. Proprietary information submitted by applicants will only be 
disclosed to Federal officials who are responsible for the program 
unless otherwise required by court order or other applicable law. All 
information submitted is subject to disclosure under the Freedom of 
Information Act.
    Applicants may receive application forms (and NOAA Federal 
Assistance Application Kits) by calling or writing the Division (see 
ADDRESSES). All applications must include at least the following items:
    (1) The applicant's name, social security number, tax 
identification number, mailing address, telephone number, citizenship, 
and whether the applicant owned or leased the loss gear and/or loss 
vessel during the loss trip.
    (2) If the loss vessel is documented under Federal law, a copy of 
the loss vessel's Certificate of Documentation (U.S. Coast Guard Form 
1270).
    (3) If the loss vessel is registered under state law, a copy of the 
registration or title document issued by the registering state.
    (4) If the loss vessel is leased, a copy of the lease and the name, 
mailing address, and telephone number of the loss vessel's lessor (the 
legal owner from which the applicant leased the loss vessel). Loss 
vessel lessees must establish that they bore the risk of the loss 
vessel's loss.
    (5) If the loss gear is leased, a copy of the lease and the name, 
mailing address, and telephone number of the loss gear's lessor (the 
legal owner from which the applicant leased the loss gear.) Loss gear 
lessees must establish that they bore the risk of the loss gear's loss.
    (6) A description of the loss vessel's fishing type, size, and 
capacity.
    (7) A full description of the loss gear and how such gear is 
normally deployed and operated.
    (8) If the loss was observed, the date and time of loss.
    (9) If the loss was unobserved, the date and time the applicant 
last saw the loss gear or loss vessel in good condition and the date 
and time the applicant first discovered the loss gear or vessel's loss.
    (10) A full statement of why the applicant believes it is more 
likely than not that the loss was caused by an eligible cause. The 
applicant should include in this statement all known evidence relevant 
to the most likely cause of the loss gear or vessel's loss. The level 
of detail in this statement must, together with all other information 
required in this section, be sufficient to clearly and accurately 
depict all known circumstances relevant to the loss. Photographs and 
videos of the damage may be submitted in support of the statement. The 
Division will deem statements that do not meet this criterion to be 
incomplete. If the time and place of loss are not consistent with the 
time at which a hurricane or a flood directly affected that place, then 
the applicant must carefully explain why the applicant believes the 
loss was more likely than not caused by the aftereffects of a hurricane 
or flood rather than by other factors (unrelated to hurricanes or 
floods) normally responsible for such a loss in such a place.
    (11) When the loss vessel first left port on the loss trip and when 
it first returned to port at the end of the loss trip.
    (12) Where applicable, the loss vessel's direction, speed, and 
other

[[Page 29353]]

activities immediately before, during, and after the loss.
    (13) The name, current mailing address, and telephone number of 
each person serving during the loss trip as a crew member of the loss 
vessel (if unavailable, state why).
    (14) A sworn, written statement from each loss trip crew member 
describing his or her knowledge of the loss and the conditions 
surrounding it and his or her activities immediately before, during, 
and after the time of the loss (if unavailable, state why).
    (15) The location where the loss occurred in Loran C coordinates 
(or, if the loss vessel did not have Loran C capability, the next most 
accurate method of position fixing available).
    (16) The fullest description possible of the nature and type of any 
obstruction, debris, or other item involved in causing the loss.
    (17) The total purchase cost or total lease cost of the loss vessel 
or loss gear.
    (18) A detailed inventory of all components of the loss gear and 
the nature of the loss with respect to each component.
    (19) Proof of the date, place, and cost of having acquired all loss 
gear (sales receipts, copies of leases, or other satisfactory 
evidence).
    (20) Evidence that the loss vessel was fishing on the three most 
recent loss-vessel trips before the loss trip. This evidence may 
consist of trip tickets for the three trips before the loss trip.
    (21) Proof of having replaced or repaired the loss gear or loss 
vessel (sales receipts, repair invoices, copies of leases, or other 
satisfactory evidence).
    (22) A copy of the applicant's Federal income tax return (including 
all business schedules) for the year in which the loss occurred (or, if 
the loss trip occurred in a year for which the applicant has not yet 
filed a return and the deadline for doing so has not yet passed, then a 
copy of a return for the latest year for which the filing deadline has 
passed).
    (23) A copy of any state or Federal fishing license, permit, or 
gear tag receipts, or other state or Federal fishing authorization 
required for the loss vessel's operation during the loss trip.
    (24) Evidence of the applicant's having complied with state or 
Federal requirements (if any) for reporting the catch results during 
the loss trip.
    All applications will be submitted, and all statements in them 
made, under a penalty of perjury. A false statement on the application 
is grounds for denial or termination of funds and grounds for possible 
punishment by a fine or imprisonment (18 U.S.C. 1001).
    It will be within the Division's discretion to accept other 
documentation that applicants may submit in support of the application-
content requirements. The Division may engage in pre-award negotiations 
with applicants to enable the Division to make a determination 
concerning acceptable application-content documentation.

IX. Application Processing

    (a) Ineligible or incomplete applications. The Division will not 
accept ineligible or incomplete applications. The Division will return 
these to the applicants with an explanation of why the applications are 
unacceptable. Any applicant who wishes to have his or her returned 
application reconsidered for acceptance must respond within 30 days 
from the date of the Division's letter returning the application. If 
reconsideration responses render the applications complete, they will 
be accepted as newly submitted applications with the date of response 
serving as the submission date for chronological ranking for funding 
purposes.
    (b) Submission dates for reconsideration responses. If 
reconsideration responses are sent by U.S. mail, their submission dates 
are the same as their postmark dates. If these responses are sent any 
other way, their submission dates are the dates on which the Division 
receives them.

X. Determinations

    (a) Chronological precedence. Chronological precedence for 
assistance will be determined by application submission dates. 
Assistance will be made available on a first-come/first-serve basis 
until the $5 million available for this program has been depleted.
    (b) Delays. Determinations will be made as soon as possible, but 
personnel considerations may result in significant processing delays.
    (c) Division disapproval. If the Division disapproves an 
application, it will return the application to the applicant and state 
the reason for its disapproval.
    (d) Approval and disbursement of funds. If the Division approves an 
application, it will forward the application to the NOAA Grants 
Management Division for final approval. If the NOAA Grants Management 
Division approves the application, it will issue an award and notify 
the applicant of the award amount and any further requirements upon 
which the award is contingent.
    (e) Finality. All Division and NOAA Grants Management Division 
determinations will be final and conclusive.

XI. Administrative Requirements

    All applicants are subject to as much of the following grants 
administration requirements as may be applicable to these grants.
    Applicants to whom awards will be made must submit a Standard Form 
424B, ``Assurances--Non-Construction Programs'' and Form CD-511, 
``Certification Regarding Debarment, Suspension and Other 
Responsibility Matters; Drug-Free Workplace Requirements and 
Lobbying.'' These documents are included in the NOAA Federal Assistance 
Application Kit.
    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 CD-511 applies.
    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 CD-511 
applies.
    Any applicant who has paid or will pay for lobbying using any funds 
must submit an SF-LLL, ``Disclosure of Lobbying Activities,'' as 
required by law (31 U.S.C. 1352, as amended).
    Grant recipients are subject to all Federal laws and Federal and 
Commerce policies, regulations, and procedures applicable to Federal 
financial assistance awards.
    Applicants are subject to a name check review process. Name checks 
are intended to reveal if any key individuals associated with the 
recipient have been convicted of, or are presently facing, criminal 
charges such as fraud, theft, perjury, or other matters that 
significantly reflect on the recipient's management, honesty, or 
financial integrity. A false statement on the application is grounds 
for denial or termination of funds and for possible punishment by a 
fine or imprisonment (18 U.S.C. 1001).
    Unsatisfactory performance under prior Federal awards may result in 
an application not being considered for funding.
    No award of Federal funds shall be made to an applicant who has an 
outstanding delinquent Federal debt or fine until: (a) The delinquent 
account is paid in full; (b) a negotiated repayment schedule is 
established and at least one payment is received; or (c) other 
arrangements satisfactory to Commerce are made.
    Applicants are hereby notified that they are encouraged, to the 
extent

[[Page 29354]]

feasible, to purchase American-made equipment and products with funding 
under this program.
    If applicants incur any costs prior to an award being made, they do 
so solely at their own risk of not being reimbursed by the Government. 
Notwithstanding any verbal or written assurance that may have been 
received, there is no obligation on the part of Commerce to cover pre-
award costs.
    If an application is selected for funding, Commerce has no 
obligation to provide any additional future funding in connection with 
that award.

Classification

    This program has been determined to be not significant for the 
purposes of E.O. 12866.
    Applications under this program are subject to E.O. 12372, 
``Intergovernmental Review of Federal Programs.''
    The program is listed in the ``Catalogue of Federal Domestic 
Assistance'' under No. 11.452, Unallied Industry Projects.
    This program contains a collection-of-information requirement 
subject to the Paperwork Reduction Act (PRA). The collection of this 
information has been approved by OMB (OMB control number 0648-0082). 
Public reporting burden for preparation of the claim application is 
estimated to be 10 hours per response including the time for reviewing 
instructions, gathering and maintaining the documentation, and 
completing and reviewing the collection of information. Send comments 
regarding this burden estimate or any other aspect of this collection 
of information, including suggestions for reducing this burden, to NMFS 
(see ADDRESSES). Other requirements mentioned in the notice include 
Forms 424B and LLL, which are cleared under OMB Control Numbers 0348-
0040 and 0348-0046, respectively.
    Notwithstanding any other provision of law, no person is required 
to respond to nor shall a 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.

    Authority: Public Law 99-659 (16 U.S.C. 4107 et seq.); Public 
Law 102-396.

    Dated: June 4, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
[FR Doc. 96-14591 Filed 6-7-96; 8:45 am]
BILLING CODE 3510-22-W