[Federal Register Volume 74, Number 135 (Thursday, July 16, 2009)]
[Notices]
[Pages 34552-34555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16813]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[Docket No. 0907021106-91110-01]
RIN 0648-ZC09


Northeast Region Fishing Gear Exchange Project

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

ACTION: Notice of funding availability.

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SUMMARY: Right, humpback and fin whales, which are listed as endangered 
under the Endangered Species Act, are occasionally injured or killed 
through incidental entanglement in fishing gear. Based on gear 
retrieved from entangled whales, interactions can occur with any 
component of the fishing gear, including buoy lines, groundlines, 
gillnet floatlines, and surface systems. Provisions of the Atlantic 
Large Whale Take Reduction Plan (ALWTRP) require that permit holders 
using trap/pot and gillnet gear comply with requirements designed to 
reduce the serious injury and mortality of large whales. One such gear 
modification requires the use of sinking groundlines. Other risk 
reduction measures include adding weak links to fixed fishing gear 
which can assist entangled whales in breaking free after an interaction 
has occurred.
    NMFS is providing financial assistance in the form of a grant to 
support the development and implementation of a fishing gear exchange 
project for Lobster Management Areas 2 and 3 in the Northeast Region. 
This document describes how to submit proposals for funding and how 
NMFS will determine which proposals will be funded; this document 
should be read in its entirety prior to the submission of a proposal.
    This project will support NOAA's mission goal to protect, restore, 
and manage the use of coastal and ocean resources through an ecosystem 
approach to management.

DATES: Applications must be postmarked, provided to a delivery service 
or received by http://www.grants.gov by 11:59 p.m. Eastern Daylight 
Time on July 30, 2009. Use of U.S. Mail or another delivery service 
must be documented with a receipt. Please note that it may take 
Grants.gov up to two business days to validate or reject an 
application. Please keep this in mind when developing your submission 
timeline.

ADDRESSES: The Full Funding Opportunity (FFO) announcement and 
application instructions for this grant program are available through 
the Grants.gov website at http://www.grants.gov. For applicants without 
internet access, an application package may be obtained by contacting 
Amanda Johnson, NOAA's National Marine Fisheries Service, Northeast 
Regional Office, 55 Great Republic Drive, Suite 04-400, Gloucester, MA 
01930; Phone: 978-282-8463, E-mail: <a href="/cdn-cgi/l/email-protection#10517d717e74713e5a7f787e637f7e507e7f71713e777f66"><span class="__cf_email__" data-cfemail="743519151a10155a3e1b1c1a071b1a341a1b15155a131b02">[email protected]</span></a>.
    Applications should be submitted electronically through the 
Grants.gov website at http://www.grants.gov. Those applicants without 
internet access may submit a hard copy (by postal mail or commercial 
delivery) to: NMFS Northeast Regional Office, Attn: Amanda Johnson, 55 
Great Republic Drive, Suite 04-400, Gloucester, MA 01930. No other 
methods of submission are permissible without explicit NOAA approval.

FOR FURTHER INFORMATION CONTACT: If you have any questions regarding 
this proposal solicitation, please contact Amanda Johnson at the NOAA/
NMFS/Northeast Regional Office, Protected Resources Division, 55 Great 
Republic Drive, Suite 04-400, Gloucester, MA 01930, by phone at 978-
282-8463, or by email at <a href="/cdn-cgi/l/email-protection#39785458575d5817735651574a56577957565858175e564f"><span class="__cf_email__" data-cfemail="2e6f434f404a4f00644146405d41406e40414f4f00494158">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    The principal objective of the Northeast Region Fishing Gear 
Exchange Project is to implement a voluntary fishing gear exchange 
project in which participating fishing industry members regulated by 
the ALWTRP are provided with financial assistance to comply with the 
ALWTRP's sinking groundline and weak link requirements. Another 
objective of this project is to develop a plan for recycling the 
collected floating groundline to ensure that none of the lines are 
returned to the ocean for any purpose, fishing or otherwise. A third 
objective is to work cooperatively with participating industry members 
to collect gear configuration information via a gear survey.
    For a proposal to be competitive, it must demonstrate a clear 
process for developing and implementing a successful fishing gear 
exchange project. This includes notifying, registering, and 
communicating with participating fishing industry members; 
approximating the amount of floating groundline to be exchanged and 
determining an assigned price per pound for the delivered groundline; 
working with gear manufacturers and

[[Page 34553]]

distributors to gain their participation in the project; determining 
appropriate times and locations for gear collections based on industry 
needs and responses; determining the appropriate methods to collect, 
handle, and recycle the collected floating groundline; and determining 
the appropriate methods to assist in the purchase of weak links. A 
number of floating groundline buyback and recycling projects have been 
completed or are on-going along the East Coast of the U.S. These have 
taken place in Maine, Massachusetts, and New York, as well as in the 
Mid-Atlantic region (including the states of New Jersey, Delaware, 
Maryland, Virginia, and a portion of North Carolina) and have been 
administered by a variety of groups, including non-profit 
organizations, state and federal government agencies. A successful 
proposal will incorporate the successful components of these projects.
    In addition, competitive proposals must demonstrate the applicant's 
good rapport with the fishing industry in the Northeast Region and 
ability to handle a project of this magnitude. Proposals must also 
demonstrate the ability to maximize the percentage of the award funding 
that is spent assisting fishermen in complying with the ALWTRP 
requirements, based on the differences in costs of floating versus 
sinking line and on the costs of complying with weak link requirements. 
This includes gauging potential participation by eligible fishermen 
and, based on this and other costs of the project, determining the 
appropriate figure for reimbursing fishermen for the floating 
groundline they have brought forward to exchange (e.g., providing $1.50 
per pound of line turned in, etc.). It also includes determining the 
most appropriate methods for providing assistance for participating 
fishermen to comply with weak link requirements.
    The project will also incorporate recordkeeping and information 
collection. Information must be collected related to participating 
fishermen to document the amount of line exchanged, among other 
components. Additionally, the project will include a gear survey that 
will help NMFS better quantify information about vertical lines. This 
information will assist in the management of fishing gear interactions 
with large whales.

Electronic Access

    The full text of the Full Funding Opportunity announcement for this 
program can be accessed via the Grants.gov web site at http://www.grants.gov. The announcement will also be available by contacting 
the program officials identified under FOR FURTHER INFORMATION CONTACT. 
Applicants must comply with all requirements contained in the Full 
Funding Opportunity announcement.

Statutory Authority

    The statutory authority for this project can be found at 16 U.S.C. 
661 and 16 U.S.C. 1881c.

Catalog of Federal Domestic Assistance (CFDA)

    The Catalog of Federal Domestic Assistance program number for this 
solicitation is 11.452, Unallied Industry Projects.

Funding Availability

    NOAA anticipates that up to $3 million may be available for this 
project in the NMFS fiscal year 2009 budget. A grant will be awarded 
for the amount of funding in its entirety to the successful applicant. 
Therefore, all proposals should be developed to request the entire $3 
million. The exact amount of funds that may be awarded will be 
determined during pre-award negotiations between the applicant and NOAA 
representatives. Publication of this notice does not oblige NOAA to 
award any specific grant proposal or to obligate any available funds. 
If an application for a financial assistance award is selected for 
funding, NOAA has no obligation to provide any additional funding in 
connection with that award in subsequent years.

Eligibility

    Eligible applicants are institutions of higher education, other 
nonprofits, commercial organizations, and state, local and Indian 
tribal governments. Federal agencies or institutions are not eligible 
to receive Federal assistance under this notice.

Cost Sharing Requirements

    No cost sharing or matching is required for this project.

Evaluation and Selection Procedures

    The general evaluation criteria and selection factors that apply to 
applications to this funding opportunity are summarized below. Further 
information about the evaluation criteria and selection factors can be 
found in the Full Funding Opportunity announcement.

Evaluation Criteria for Projects

    The proposals will be evaluated and scored based on the following 
weighted criteria (each proposal can receive a total score between 1 
and 5 points):
    1) Importance and/or relevance and applicability of the proposed 
project to the program goals (weight=30%): This criterion ascertains 
whether there is intrinsic value in the proposed work and/or relevance 
to NOAA, Federal, regional, State, or local activities. For this 
competition, the proposal should demonstrate that the applicant has a 
clear knowledge and understanding of the purpose and relevance of the 
proposed work. It should also demonstrate an ability to provide 
economic assistance to the Northeast Region's commercial fishing 
industry affected by the ALWTRP, while providing benefits to large 
whale species. For this criterion, reviewers will base their 
assessments on the following scoring system: 1 = lack of importance/
relevance; 3 = intermediate level importance/relevance; 5 = very 
important/relevant.
    2) Technical/scientific merit (weight=35%): 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. The proposal should clearly address the program priorities 
and components that were discussed earlier in this document, including 
designing a gear survey in conjunction with NMFS. For this criterion, 
reviewers will base their assessments on the following scoring system: 
1 = completely unsound, unlikely to meet the project's objectives; 3 = 
intermediately sound, reasonably likely to meet the project's 
objectives; 5 = extremely sound and likely to meet the project's 
objectives.
    3) Overall qualifications of applicants (weight=10%): This 
ascertains whether the applicant possesses the necessary education, 
experience, training, facilities, and administrative resources to 
accomplish the project. For this competition, the proposal should 
demonstrate coordination with other agencies and groups that have 
conducted gear exchange projects in the past or are currently 
implementing such projects. For this criterion, reviewers will base 
their assessments on the following scoring system: 1 = lack of 
qualification and/or resources to accomplish project; 3 = intermediate 
level of qualification and/or resources to accomplish project; 5 = 
extremely qualified and able to accomplish project.
    4) Project costs (weight=15%): The budget is evaluated to determine 
if it is realistic and commensurate with the project needs and time-
frame. For this competition, one project will be awarded the entire 
amount of available funding. Therefore, the budget should reflect the 
ability of the work to be completed with the funding amount and

[[Page 34554]]

timing proposed. Additionally, the budget should maximize to the 
fullest extent possible the amount of financial assistance that is 
being provided to the fishermen who participate in the project. For 
this criterion, reviewers will base their assessments on the following 
scoring system: 1 = lack of information and detail provided, 
unrealistic; 3 = sufficient amount of information and detail provided, 
realistic; 5 = extremely informative, detailed, and realistic.
    5) Outreach and education (weight=10%): NOAA assesses whether this 
project provides a focused and effective education and outreach 
strategy regarding NOAA's mission to protect the Nation's natural 
resources. For this competition, the proposal should describe how 
outreach and education for this project will be conducted to maximize 
the number of gear exchange participants from the fishing industry. 
Collaborations with other agencies and partners to accomplish this 
component should also be described. The applicant should provide a 
draft gear survey with the proposal for evaluation and final approval 
by NMFS. For this criterion, reviewers will base their assessments on 
the following scoring system: 1 = insufficient outreach/education; 3 = 
adequate outreach/education; 5 = extremely effective outreach/
education.

Review and Selection Process

    Screening, review, and selection procedures will take place in 3 
steps: initial evaluation, merit review, and final selection by the 
Selecting Official (i.e., the NMFS Regional Administrator in the 
Northeast). Initial evaluation of applications will be conducted to 
ensure that the submitted application packages contain the required 
forms and application elements and meet the eligibility criteria.
    Applications meeting the requirements of this solicitation will 
then undergo merit review. Each application will be reviewed by a 
minimum of three reviewers, who will independently evaluate and score 
proposals using the evaluation criteria provided in the ``Evaluation 
Criteria for Projects'' section. Merit reviewers will be federal 
employees with appropriate subject-matter expertise. The reviewers' 
ratings will be used to produce a rank order of the proposals.
    After applications have undergone merit review, the Selecting 
Official will make the final decision regarding which applications will 
be recommended to the NOAA Grants Officer for funding based upon the 
numerical rankings and evaluations of the applications by the merit 
reviewers, as well as the selection factors set forth in the 
``Selection Factors for Projects'' section.

Selection Factors for Projects

    The Selecting Official shall award in the rank order of the review 
ratings unless the proposal is justified to be selected out of rank 
order based upon the following factors, where applicable:
    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 for NOAA staff to make a NEPA 
determination and draft necessary documentation before recommendations 
for funding are made to the Grants Officer.

Classification

Executive Order 12373

    Applications under this program are subject to Executive Order 
12372, ``Intergovernmental Review of Federal Programs.'' Any applicant 
submitting an application for funding is required to complete item 16 
on SF-424 regarding clearance by the State Single Point of Contact 
(SPOC) established as a result of EO 12372. To find out about and 
comply with a State's process under EO 12372, the names, addresses and 
phone numbers of participating SPOC's are listed on the Office of 
Management and Budget's home page at: http://www.whitehouse.gov/omb/grants/spoc.html.

Limitation of Liability

    In no event will NOAA or the Department of Commerce be responsible 
for proposal preparation costs if these programs fail to receive 
funding 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.

National Environmental Policy Act (NEPA) Review

    NOAA must analyze the potential environmental impacts, as required 
by the National Environmental Policy Act (NEPA), for applicant projects 
or proposals which are seeking NOAA federal funding opportunities. 
Detailed information on NOAA compliance with NEPA can be found at the 
following NOAA NEPA website: http://www.nepa.noaa.gov/, including our 
NOAA Administrative Order 216-6 for NEPA, http://www.osec.doc.gov/bmi/daos/216-6.htm, and the Council on Environmental Quality implementation 
regulations, http://ceq.eh.doe.gov/nepa/regs/ceq/toc_ceq.htm. 
Consequently, as part of an applicant's package, and under their 
description of their 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). In addition to providing specific information that will serve 
as the basis for any required impact analyses, applicants may also be 
requested to assist NOAA in drafting of an environmental assessment, if 
NOAA determines an assessment is required. Applicants will also be 
required to cooperate with NOAA in identifying feasible measures to 
reduce or avoid any identified adverse environmental impacts of their 
proposal. The failure to do so shall be grounds for not selecting an 
application. In some cases if additional information is required after 
an application is selected, funds can be withheld by the Grants Officer 
under a special award condition requiring the recipient to submit 
additional environmental compliance information sufficient to enable 
NOAA to make an assessment on any impacts that a project may have on 
the environment.

The Department of Commerce 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 February 11, 2008 (73 FR 7696), are applicable to this 
solicitation.

Paperwork Reduction Act

    This document contains collection-of-information requirements 
subject to the Paperwork Reduction Act (PRA). The use of Standard Forms 
424, 424A, 424B, and SF-LLL and CD-346 has been approved by the Office 
of Management and Budget (OMB) under the respective control numbers 
0348-0043, 0348-0044, 0348-0040, 0348-0046, and 0605-0001.

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    Notwithstanding any other provision of law, no person is required 
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.

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/Regulatory Flexibility Act

    Prior notice and an opportunity for public comment are not required 
by the Administrative Procedure Act 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 for the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) 
are inapplicable. Therefore, a regulatory flexibility analysis has not 
been prepared.

    Dated: July 9, 2009.
Gary Reisner,
Director, Office of Management and Budget, National Marine Fisheries 
Service.
[FR Doc. E9-16813 Filed 7-15-09; 8:45 am]
BILLING CODE 3510-22-S


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