[Federal Register Volume 61, Number 63 (Monday, April 1, 1996)]
[Notices]
[Pages 14293-14296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7796]



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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[Docket No. 960322092-6092-01; 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: Notice; request for comments.

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SUMMARY: Pursuant to the Interjurisdictional Fisheries Act of 1986 (the 
Act), the Secretary of Commerce declared fisheries disasters in the 
Gulf of Mexico on August 3, 1995. Emergency aid totaling $15 million is 
available for these disasters. Up to $5 million of this amount is 
available for commercial fishermen claiming uninsured fishing gear 
damage or loss caused by hurricanes, floods, or their aftereffects. In 
accordance with the Act, this notice requests comments on a proposal to 
implement the $5 million portion of the emergency aid. Assistance will 
be in the form of a discretionary grant only; this program does not 
create an entitlement.

DATES: Submit comments on or before 30 days after April 1, 1996.

ADDRESSES: Comments regarding this proposed program should be sent to 
Michael L. Grable, Chief, Financial Services Division, National Marine 
Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910 
(telephone number, (301) 713-2396, fax number (301) 589-2686.
    Send comments regarding the collection-of-information burden 
estimate or any other aspect of this collection of information, 
including suggestions for reducing this burden, to Richard Roberts, 
NOAA/IRMS, 6010 Executive Blvd. Rm. 722, WSC-5, Rockville, MD 20852.

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

SUPPLEMENTARY INFORMATION: Under the provisions of Public Law 99-659 
(16 U.S.C. 4107 et seq.) and Public Law 102-396, this program will make 
Federal assistance available to commercial fishermen whose uninsured 
fishing gear was lost or damaged because of hurricanes, floods, or 
their aftereffects occurring in the Gulf of Mexico from August 23, 
1992, to December 31, 1995. Awards will be limited to 75 percent of the 
fishing gear's repair or depreciated replacement cost. All applications 
must be submitted during a 45-day period beginning 15 days after the 
date of publication of the final notice in the Federal Register. 
Applications will be considered on a first-come/first-serve basis.

I. Purpose

    This program's purpose is to award grants to commercial fishermen 
in the Gulf of Mexico for uninsured loss of, or damage to, their 
fishing gear caused by hurricanes, floods, or their aftereffects 
occurring from August 23, 1992, through December 31, 1995. CFDA No. 
11.452 - Unallied Industry Projects.

II. Definitions

    The terms used in this notice have the following meaning:
    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, 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;
    Fisherman means any natural or legal person who (1) owns or leases 
a fishing vessel, (2) derives more than 50 percent of annual income 
from employing that vessel in fishing, (3) has gross revenues of less 
than $2 million annually, and (4) is a U.S. citizen or permanent 
resident alien;
    Fishing means catching 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;
    Gear means all fishing gear and equipment including, but not 
limited to,

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nets and winches, 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 any gear caused by eligible causes 
in eligible waters for which no compensation has been received, or will 
be received, from insurance companies, state or Federal programs (other 
than this program), or any other sources; Loss gear means the gear for 
whose loss 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 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 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 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;
    Replacement cost means the cost (at the time of loss) of replacing 
loss gear;
    U.S. citizen means a U.S. citizen for the purpose of documenting 
vessels in the U.S. coastwise trade. Coastwise trade documentation 
requires: (1) All sole proprietors to be U.S. citizens, (2) 75 percent 
of all partners (and 100 percent of all general partners) in a 
partnership to be U.S. citizens, and (3) 75 percent of all owners of a 
corporation (as well as its chief executive officer and the minority of 
its directors necessary to constitute a quorum) to be U.S. citizens; 
and
    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.

III. What is Eligible

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

IV. Burden of Proof Required for Claims

    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 IX 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.

V. Amount

    Each award shall be for 75 percent of the loss gear's repair or 
replacement cost, whichever is less, except that (1) no award shall 
exceed $5,000 and (2) no applicant shall receive aggregate awards from 
multiple applications totaling more than $15,000.

VI. Who May Apply

    Only U.S. citizens or permanent resident aliens who owned or leased 
loss gear at the time that it was lost may apply. Lessors may not apply 
unless they bore the risk of the loss gear's loss.

VII. When to Apply

    Applications will be accepted during a 45-day period beginning 15 
days after 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.

VIII. Where to Apply

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

IX. Application Contents

    Applicants must submit applications on forms provided by the 
Division. 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:
    (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);
    (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 in good condition and the date and time the 
applicant first discovered the loss gear'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'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. 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 to have 
been caused by the aftereffects of a hurricane or flood rather than to 
have been caused by other factors (unrelated to hurricanes or floods) 
normally responsible for such a loss in such a place;

[[Page 14295]]

    (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 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;
    (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 immediately after the time of the loss;
    (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 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 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 (sales 
receipts, repair invoices, copies of leases, or other satisfactory 
evidence);
    (22) A copy of the applicant's Federal income tax return 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; and
    (25) All applications will be submitted, and all statements in them 
made, under penalty of perjury.
    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 requirements.

X. Application Processing

    (a) Ineligible or Incomplete Applications. The Division will not 
accept ineligible or incomplete applications. The Division will return 
these to applicants with an explanation of why the applications are 
unacceptable. Any applicant who wishes to have its 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.

XI. Determinations

    (a) Chronological Precedence. Chronological precedence for 
assistance will be determined by application submission dates. 
Assistance will be made available on this 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 a 
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.

XII. Administrative Requirements

    All applicants are subject to so 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 
Department 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 grounds 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 the Department are made.
    Applicants are hereby notified that they are encouraged, to the 
extent

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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 the Department to cover 
pre-award costs.
    If an application is selected for funding, the Department of 
Commerce has no obligation to provide any additional future funding in 
connection with that award.
    This proposed 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.''
    This proposed program contains a collection-of-information 
requirement subject to the Paperwork Reduction Act. 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. Other 
requirements mentioned in the notice include SF 424B and SF LLL and 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 Paperwork Reduction Act (PRA) unless that collection of information 
displays a currently valid OMB control number.

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

    Dated: March 25, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
[FR Doc. 96-7796 Filed 3-29-96; 8:45 am]
BILLING CODE 3510-22-F