[Federal Register Volume 61, Number 168 (Wednesday, August 28, 1996)]
[Notices]
[Pages 44300-44305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21875]


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DEPARTMENT OF COMMERCE
[Docket No. 95106161159-6230-04; I.D. 082096I]
RIN 0648-ZA16


The Fishing Capacity Reduction Initiative (FCRI); Final Program 
Notice and Announcement of Availability of Federal Assistance

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

ACTION: Final program notice.

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SUMMARY: NMFS issues this notice to respond to comments on the proposed 
FCRI, describe the final program requirements, and announce the 
availability of Federal assistance. The Department of Commerce 
(Commerce) has made $25 million available for a grant program for 
fishermen who hold Northeast multispecies limited access groundfish 
fishery permits, and who scrap or make their vessels permanently 
ineligible to participate in any fishery and surrender all associated 
Federal fish harvesting permits. The FCRI's objectives are to provide 
grants to eligible fishermen adversely impacted by the groundfish 
fishery disaster, and to aid the long-term viability of the groundfish 
fishery resource through the reduction of active harvesting capacity at 
the lowest cost.

DATES: Applications must be postmarked by October 28, 1996.

ADDRESSES: Application forms may be obtained from, and completed 
applications sent to, the Northeast Financial Services Branch, National 
Marine Fisheries Service, One Blackburn Drive, Gloucester, MA 01930-
2298.

FOR FURTHER INFORMATION CONTACT: Leo Erwin, NMFS, (508) 281-9203.

SUPPLEMENTARY INFORMATION:

I. Background

    As a result of the August 2, 1995, declaration of a fishery 
resource disaster by the Secretary of Commerce (Secretary), $25 million 
in emergency disaster assistance has been made available to NOAA for 
the FCRI. The authority for this program is contained in section 308(d) 
of the Interjurisdictional Fisheries Act (IFA) of 1986 (16 U.S.C. 
4107(d)), as amended.
    The IFA requires that before providing financial assistance under a 
fishing capacity reduction program, the Secretary determine that 
adequate conservation and management measures are in place in that 
fishery. On May 15, 1996, the Secretary approved Amendment 7 to the 
Northeast Multispecies Groundfish Management Plan, which implements 
several major measures designed to rebuild overfished groundfish 
resources. The Secretary hereby determines, therefore, that the 
measures contained in Amendment 7 are adequate conservation and 
management measures for purposes of implementing a fishing capacity 
reduction program.
    On June 4, 1996, NMFS published a Federal Register notice (61 FR 
28177) announcing the proposed FCRI and requesting comments on a number 
of issues including eligibility, scoring methods, vessel reuse, 
scrapping, and program mission. The background for this program is 
provided in the June 4, 1996, notice and is not repeated here.

II. Comments and Responses

    Fifteen comments were received from the following entities: U.S. 
Coast Guard Station, Portland, ME; Atlantic Trawlers Fishing, Inc.; 
Associated Fisheries of Maine, The Groundfish Group; Athearn Marine 
Agency, Inc.; Endangered Seas Campaign, World Wildlife Fund 
International; Atlantic Salmon of Maine; Chairman, Board of 
Supervisors, Cochise County, AZ; Environmental Defense Fund; 
Conservation Law Foundation; New England Fishery Management Council; 
and five individuals. Similar comments have been combined.
    Comment 1: Two commenters suggested NMFS should not proceed with 
the $25 million program until the agency had established appropriate 
means to evaluate whether the Fishing Capacity Reduction Demonstration 
Program (FCRDP) achieved its objective and was able to ensure that a 
larger program would not cause substantial damage to other fisheries.
    Response 1: The objectives of the FCRDP were to demonstrate that 
such a program could be successfully designed and implemented, and that 
the fishing industry was interested in participating in the program. 
Under the $2 million FCRDP, NMFS successfully removed 11 vessels and 26 
permits from the fishery, and received bids from fishermen worth over 
$52 million. Clearly the objectives of the program were met. With 
respect to harming other fisheries, NMFS relies on sound conservation 
and management plans to protect fishery resources. Many New England 
fisheries are under limited entry schemes, which means that anyone 
wishing to enter one of those fisheries must purchase an existing 
permitted vessel. A fisherman participating in the FCRI may only enter 
the groundfish fishery if he purchases a vessel that is already 
permitted for that fishery. However, the FCRI does not restrict a 
participant's privilege to fish. Participants are free to purchase a 
permitted groundfish vessel, or fish with a different vessel in an open 
access fishery. Finally, under the FCRDP, NMFS removed 15 limited 
access permits from other fisheries and anticipates that the larger 
program will provide substantial spillover benefits to the non-
groundfish fisheries because vessel owners are required to surrender 
all Federal fishing permits.
    Comment 2: Several commenters believed that the program's design to 
remove active fishing capacity has no long-term utility and should be 
changed to remove potential fishing capacity.
    Response 2: NMFS believes that focusing the program on reducing 
active fishing capacity is an appropriate design to aid in the long-
term viability of the groundfish fishery resource. The program gauges 
active fishing capacity in terms of a vessel's performance, as measured 
by its groundfish revenues. In this manner, the program should target 
those vessels associated with higher

[[Page 44301]]

landings. Potential or latent fishing capacity is difficult to measure, 
particularly since the skill of individual vessel captains plays a key 
role. However, NMFS recognizes that latent fishing capacity is a 
concern and may address it in future programs.
    Comment 3: Several comments reflected the view that using revenues 
as a measure of capacity does not necessarily mean that the boats with 
the most capacity will be removed.
    Response 3: NMFS believes using revenues as a measure of capacity 
is simple and provides a cost-effective standard. Measuring fishing 
capacity can involve many complicated variables and NMFS remains 
convinced that the program objective of removing active fishing 
capacity at the least cost is best achieved by using revenues as a 
measure of capacity.
    Comment 4: A number of comments discussed the various scoring 
proposals. Comments were fairly evenly divided in support of Scoring 
Alternatives I and III. No comments supported Alternative II.
    Response 4: NMFS outlined three alternative scoring proposals in 
the proposed program notice and, based on the comments received, sees 
no compelling reason to change the scoring method used in the 
demonstration program. NMFS believes Alternative I, which was used in 
the demonstration program, is the most effective way to remove active 
groundfish capacity at the least cost.
    Comment 5: One commenter wanted NMFS to prohibit eligibility of 
corporations owned by Fishery Management Council members.
    Response 5: NMFS agrees and has incorporated this prohibition into 
the final program.
    Comment 6: A fisherman commented that he would like to see a clear 
statement that recipients of FCRI financial assistance are not giving 
up their rights to fish.
    Response 6: NMFS agrees that the FCRI is not intended to eliminate 
a participant's privilege to fish, and has incorporated this comment 
into the final program.
    Comment 7: NMFS received the most comments on the issues associated 
with vessel reuse, mandatory scrapping, and the transfer of fishing 
vessels abroad. Some commenters supported a continuation of the 
mandatory scrapping requirement; some wanted foreign transfers 
prohibited because of vessel tracking and enforcement concerns, while 
others wanted NMFS to allow vessels to be reused for any activity.
    Response 7: At the time of implementation of the pilot program, 
mandatory scrapping or sinking were the only ways for NMFS to ensure 
that fishing vessels did not reenter another fishery. Subsequently, 
Congress amended the IFA to provide NMFS with statutory authority to 
ensure that vessels do not reenter any fishery after receiving a FCRI 
grant. The IFA now allows for vessel reuse and specifically identifies 
vessel transfers to nonprofit organizations for purposes of research, 
education, and training. The IFA also authorizes the Secretary to allow 
other appropriate non-fishing uses. As described in the proposed 
program notice, NMFS proposed allowing vessels to also be reused for 
humanitarian, safety, or law enforcement purposes, and requested 
comments on allowing foreign transfers to public and private entities. 
Based on the comments, NMFS will allow vessel transfers to a U.S. 
public entity, a U.S. nonprofit organization, and foreign national 
governments for research (including fisheries research), education, 
training, humanitarian, safety, or law enforcement purposes. Transfers 
to foreign private entities will not be allowed due to tracking and 
enforcement problems.
    Comment 8: One fishing group strongly opposed releasing any 
information on applicants until after the selection process is over.
    Response 8: NMFS intends to provide legal notice of the names of 
vessels and their owners for which a successful investigation has been 
completed. During program implementation, all scores and bids will be 
treated as proprietary information and will only be disclosed to 
Federal officials who are responsible for the FCRI or otherwise when 
required by court order or other applicable law, such as the Freedom of 
Information Act (FOIA). The amount of the bids of successful applicants 
will be released after completion of the program, and not prior to 
selection. The FOIA prohibits NMFS from releasing commercial or 
financial information that is privileged or confidential.
    Comment 9: One commenter argued that in view of the Nation's 
financial status and cuts in various programs such as Medicare, Social 
Security, and education programs, the Federal government should not be 
spending $25 million on a vessel and permit buy out.
    Response 9: The FCRI is an integral part of the Administration's 
response to the groundfish disaster in New England. The FCRI is 
specifically aimed at providing economic assistance to people, in this 
case fishermen and their families, who have been harmed as a result of 
the fishery disaster. The funds being used for the FCRI are statutorily 
restricted to provide financial assistance to fishermen adversely 
impacted by fishing resource disasters and cannot be used for other 
purposes.
    Comment 10: One commenter worried that the FCRI would dislocate 
highly skilled fishermen with no provisions for retraining.
    Response 10: As stated earlier in this notice, the FCRI is intended 
to provide fishermen with an alternative to remaining in the fishery. 
The program is not intended to force people into unemployment. The FCRI 
is a voluntary program. Fishermen choose to submit bids and relinquish 
their permits and vessels. Presumably, the fishermen who participate in 
the program have thought through the pros and cons of offering their 
vessels and permits.
    Comment 11: One commenter was concerned that no environmental 
impact statement on the FCRI had been prepared.
    Response 11: NMFS has prepared an Environmental Assessment (EA) of 
the FCRI. An EA is required for compliance with the National 
Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4371 et seq., which 
is a condition for the grant. The purpose of an EA is to determine 
whether significant impacts on the quality of the human environment 
could result from the proposed action. The environmental analysis in 
this EA provides the basis for this determination and must evaluate the 
intensity or severity of the impact of an action and the significance 
of an action with respect to society as a whole, the affected region 
and interests, and the locality. If the action is determined not to be 
significant, the EA and resulting finding of no significant impact 
would be the final environmental documents required by NEPA. An 
Environmental Impact Statement (EIS) must be prepared only if the 
proposed action may cause a significant impact to the quality of the 
human environment. With respect to the FCRI, the EA prepared by NMFS 
found that the proposed action would not have a significant impact on 
the quality of the human environment. Therefore, no EIS was prepared.
    Comment 12: One commenter suggested NMFS should match landings 
slips with tax records as a way to validate groundfish landings because 
some boats may have slipped by last time.
    Response 12: NMFS will continue to use every means available to 
validate landings and, as in the pilot program, landings that cannot be 
verified will not be allowed.
    Comment 13: One commenter expressed concern that fishing vessels 
should be ``fishable'' at the time of grant award closing.

[[Page 44302]]

    Response 13: NMFS agrees with this comment and has incorporated a 
relevant provision into the final program.
    Comment 14: One commenter stated that the pilot program allowed 
fishermen to receive more than the fair market value of their vessel, 
which then allowed for the fisherman to purchase a better vessel and 
continue fishing.
    Response 14: The FCRI does not use a fair market value test or 
vessel survey because the fair market value of the vessel would not 
capture the full value of the fisherman's bid. The bid includes the 
vessel's worth and the value of the associated permits. Each 
fisherman's bid is scored in relation to the groundfish revenues 
associated with the vessel being offered. All bids receive a score and 
are ranked against all other bids. Successful applicants are not 
prevented from purchasing another fishing vessel just as they can 
today. However, the net effect is that, because there is a moratorium 
on new vessels entering the fishery, there would be one less vessel and 
permit in the fishery.

III. Definitions

    Eligible multispecies limited access permit means those limited 
access permits defined in the regulations implementing the Northeast 
Multispecies Fishery Management Plan, as amended by Amendment 7, 50 CFR 
651.4(b). To be eligible, a permit must be free of all permit sanctions 
or Notice of Permit Sanction, at the time of application and at grant 
award closing. Owners of permits who have been issued a permit sanction 
or a Notice of Permit Sanction are not eligible for consideration 
because compensation of fishermen who violate fishery regulations would 
contravene the program's objective to aid the long-term viability of 
the fishery resource.
    Fisherman means any natural or legal person who (1) owns a fishing 
vessel with an eligible multispecies limited access permit, (2) has 
less than $2,000,000 in net revenues from commercial fishing annually, 
and (3) is a U.S. citizen or permanent resident alien.
    Qualifying period means the calendar years of 1991, 1992, 1993 and 
1994.
    Regulated groundfish species means those species that are regulated 
under the Northeast Multispecies Fishery Management Plan and are 
limited to cod, haddock, pollock, yellowtail flounder, winter flounder, 
gray sole, American plaice, windowpane flounder, white hake, and 
redfish.
    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. 46 
CFR 67, Subpart C.

IV. FCRI Program Overview

    The objectives of the FCRI are to provide grants to eligible 
fishermen adversely impacted by the groundfish fishery disaster, and to 
aid the long-term viability of the fishery resource through the 
reduction of active fishing capacity at the lowest cost. All fishing 
vessels with an eligible valid multispecies limited access permit may 
apply. The FCRI allows the applicant to establish a price for offered 
vessels and permits that will be scored in a competitive manner. 
Although the FCRI is designed to remove vessels and permits from the 
groundfish fishery, successful applicants do not forfeit their 
privilege to fish.
    A successful applicant with an undocumented vessel will be required 
to scrap the vessel. Sinking will also be allowed, so long as it is 
conducted in compliance with all applicable Federal, state, and local 
environmental laws and regulations. A successful applicant with a 
documented vessel will be required to scrap or sink the vessel or 
transfer it to a U.S. public entity, a U.S. nonprofit organization, or 
a foreign national government for research (including fisheries 
research), education, training, humanitarian, safety, or law 
enforcement purposes. If a vessel is transferred to an eligible entity, 
NMFS will require that the title include a provision that the vessel be 
scrapped by that entity once it has served the purpose for which it was 
transferred. Before any vessel may be transferred, NMFS will require 
that the vessel's Coast Guard document has a permanent restriction 
prohibiting that vessel from holding a fishery endorsement. NMFS 
reserves the right to approve all vessel transfers.

Vessel Transfers

    Recognizing that limited Federal funding is available for this 
program, the fishermen may leverage these monies with non-Federal 
resources. NMFS will allow vessels to be either donated or sold to a 
U.S. public entity, a U.S. nonprofit organization, or a foreign 
national government. The ability to sell their vessels should allow 
fishermen to submit lower bids, and consequently exit the fishery at a 
lower cost to the government. Because the fishermen will have been 
partially compensated by the government through the purchase of their 
permits, acquiring entities may be able to purchase the vessels at 
below market value, allowing these entities to obtain vessels that 
otherwise would have been beyond their limited budgets. In engaging in 
these transfers, fishermen have the opportunity to receive the best 
value for the loss of their vessels and permits. Vessel transfers will 
benefit all parties and enhance the government's ability to remove the 
greatest capacity at the least cost.
    Regardless of the manner in which a vessel is disposed of or 
transferred, all Federal fishing permits associated with that vessel 
must be surrendered at the time of grant award closing.

V. How to Apply

A. Eligible Applications

    Applications for FCRI grants will only be considered from eligible 
fishermen, as defined in this notice, who are owners of eligible 
vessels, which meet the conditions stated below. Federal Government 
agencies or employees, including full-time, part-time, and intermittent 
personnel, and Fishery Management Council members (or corporations 
owned by them) and employees are not eligible to submit an application.
    For a vessel to be eligible for the FCRI, it must meet the 
following conditions:
    1. Have an eligible multispecies limited access fishing permit. 
Vessel owners will be required to surrender such permits along with ALL 
other Federal fishing permits issued to that vessel if awarded 
financial assistance under the FCRI. Although pending or assessed civil 
penalties for state or Federal fisheries violations do not disqualify a 
vessel owner from application, all outstanding and/or pending 
investigations, charges, and penalties must be resolved within a 
reasonable period of time prior to grant award closing. The Secretary 
retains discretion to determine the applicant's integrity and 
responsibility to receive Federal assistance funds and to comply with 
the terms and conditions of the FCRI award, and may deny funding or 
impose special award conditions pursuant to any pending or outstanding 
state or Federal fishery violation.
    2. Be active and functioning. Successful applicants will be 
required to show proof that their vessel made at least two (2) fishing 
trips (of any duration for any species) during the 60 days prior to the 
date for the submission of applications for FCRI assistance and that 
the vessel is capable of fishing for groundfish in Federal waters under 
its

[[Page 44303]]

own power at the time of application and grant award closing.
    3. Have derived 65 percent or more of its gross annual revenues 
from the sale of regulated groundfish species in each of the 3 years 
during the qualifying period. This means that in 1991, 1992, 1993, and 
1994, successful applicants must be able to prove that 65 percent or 
more of the gross revenues (for the vessel involved) in each of the 3 
years chosen during the qualifying period was from the sale of 
regulated groundfish species.

B. Submission of Applications

    Applicants are limited to one bid per vessel under the FCRI. If the 
amount of a bid is predicated upon a transfer for money to a third 
party, but that transfer is not approved, applicants may not submit a 
new bid.
    Vessel owners will be given 60 days from the date of filing for 
public inspection at the Office of the Federal Register of this final 
FCRI notice to submit a FCRI application form. Proof of eligibility 
need not be submitted with the application. Applicants will be required 
to submit one signed original application. No facsimile applications 
will be accepted. NMFS will provide applicants with proof of receipt. 
The anticipated time required to process applications is 120 days from 
the date of this notice.
    All multispecies limited access fishing permit holders will be 
mailed a copy of the FCRI application form along with a copy of this 
Federal Register notice. FCRI application forms are also available at 
the NMFS Regional Office (See ADDRESSES).

VI. Application Review and Scoring

    All timely submitted and completed applications will be assigned a 
score calculated by the following method:

Step A. Identify Bid

    The bid is the dollar amount submitted by the applicant in the 
application.

Step B. Calculate Vessel Performance

    Vessel performance will be determined by averaging the annual 
revenues from the sale of regulated groundfish species harvested by 
that vessel for the highest 3 years during the qualifying period. 
Applicants may only use revenues from those years in which 65 percent 
or more of gross revenues were derived from the sale of regulated 
groundfish species.

Step C. Determine Vessel Score

    A vessel score will be calculated using the following formula:
    [GRAPHIC] [TIFF OMITTED] TN28AU96.734
    
    Determining a bid amount is extremely important, since this will be 
a key factor in the success of an applicant. If the bid is too high in 
relation to the vessel's overall performance, the bid may not be 
competitive. In the pilot program, successful applicants submitted bids 
that resulted in scores between 0.494 and 0.725. Applicants will need 
to carefully consider all costs involved with receiving financial 
assistance under the FCRI; these costs include satisfying vessel liens, 
vessel scrapping or vessel transfer costs, and tax liabilities. 
Applicants will also need to consider whether they are willing to 
accept a bid that was predicated upon a transfer agreement that may not 
subsequently be approved. Applicants may wish to consider selling 
vessel gear and equipment separately as a way of reducing the amount of 
a bid. Vessel owners may retain any removable gear and equipment for 
private disposition, as long as it was not purchased under another 
Federal grant. In that situation, the equipment must be disposed of in 
accordance with the original grant terms.

VII. Ranking of Applications

    Applications will be ranked, starting with the lowest score. The 
Assistant Administrator for Fisheries, NOAA, will determine which 
applications are eligible for further consideration based on the 
ranking of the applications. NMFS may initially find eligible more 
applications than it can fund but will investigate all such 
applications in order of their ranking. NMFS reserves the right to 
reject any or all applications if it is determined by NMFS that such 
action is in the best interests of the program or if revisions to the 
program are warranted in the future. NMFS may also solicit additional 
applications. If additional applications are solicited, all 
applications submitted previously and not determined to be eligible 
will be considered rejected. NMFS will notify eligible applicants in 
writing. However, eligible applicants are not guaranteed funding by 
simply having a competitive bid; they will be subject to a thorough 
investigation as described in section VII.

VIII. Investigation of Applications

    A representative from the NMFS Financial Services Division will 
contact eligible applicants with competitive bids regarding the 
following:
    1. Ensuring that applicants meet all eligibility requirements and 
can document all claims made in their applications.
    2. Determining what debts exist against the vessel offered in the 
application, including any outstanding civil penalties or fines.
    3. Determining how applicants will satisfy all vessel liens before 
scrapping or transferring the vessels. Eligible applicants will have to 
provide written evidence of vessel lienors' willingness to satisfy 
vessel liens for specific amounts.
    4. Ensuring availability of documentation required to support 
eligible applications, including the following:
    a. Multispecies limited access fishing permit. The applicant may 
provide a copy of the permit to NMFS, but the actual permit must be 
surrendered at the time of grant award closing.
    b. Proof of landings of regulated species. NMFS will require proof 
that 65 percent or more of a vessel's gross revenues came from the sale 
of regulated groundfish species in 3 years during the qualifying 
period. Landing slips or sales tickets may be used to verify claimed 
revenues.
    c. Proof of gross revenues for highest 3 years. Vessel owners must 
be able to prove the annual gross revenues from the sale of fish for 
the vessel involved for the 3 years used on the application. 
Documentation to support income may include, but is not limited to, 
individual or corporate tax returns, or fish sale receipts accompanied 
by vessel settlement reports. NMFS may require sworn affidavits from 
the reporting party regarding the accuracy of the information contained 
in supporting documentation. Sales that cannot be substantiated will 
not be included in the calculation of either gross revenues or revenues 
from regulated groundfish species.
    d. Documentation of active and functioning fishing vessel. NMFS 
will require documentation that the vessel made at least two fishing 
trips (of any

[[Page 44304]]

duration for any species) within 60 days prior to October 28, 1996. 
NMFS will also ascertain that the vessel is capable of fishing for 
groundfish in Federal waters under its own power at the time of grant 
award closing.
    NMFS will provide legal notice of names of vessels and their owners 
for which an investigation has been successfully completed, and in 
order to facilitate vessel transfers, may provide copies of the 
published legal notices to interested eligible entities. Publication of 
the legal notice does not obligate NOAA to make an award. NOAA may also 
establish a World Wide Web Internet site prior to termination of the 
application period in order to facilitate communication between 
potential participants in vessel transfer agreements.
    Proprietary information submitted by applicants will only be 
disclosed to Federal officials who are responsible for the FCRI or 
otherwise when required by court order or other applicable law, such as 
the Freedom of Information Act (FOIA). The FOIA prohibits NMFS from 
releasing commercial or financial information that is privileged or 
confidential.

IX. Establishment of Award Terms

    Representatives from the NMFS Financial Services Division will 
establish the programmatic terms of each financial assistance award for 
eligible applications validated during the investigation process. These 
terms will be binding on the applicants and will control the 
applicant's post award rights and obligations. Terms of the award will 
address such matters as how the outstanding liens on the vessels will 
be satisfied and how the vessel covered in the application will be 
scrapped or transferred to an eligible entity for an eligible use. NMFS 
reserves the right to approve all transfers. If a bid is submitted that 
relies upon an unapproved transfer, and that transfer is subsequently 
disapproved, an applicant cannot submit another bid. NOAA also reserves 
the right to terminate financial assistance as a result of any 
enforcement actions that NMFS regards as indicating a lack of grantee 
integrity and responsibility to receive Federal assistance funds and 
comply with the terms and conditions of the FCRI award.

X. Grant Award Procedures

    After NMFS Financial Services Division and the NOAA Grants 
Management Division have reviewed and approved the terms of eligible 
and validated applications, then applicants will be notified in writing 
of the award and a grant award closing date will be set. Applicants may 
be required to have an attorney present at the grant award closing. To 
the extent necessary, attorneys will be required to pay grant funds to 
vessel lienors in return for lien releases. Should vessel liens exceed 
the amount of the FCRI award, attorneys must obtain funds from 
applicants and exchange them for lien releases. If a vessel is going to 
be scrapped, 75 percent of the award will be available at the grant 
award closing. The remaining 25 percent will be available only when 
applicants have made arrangements for vessel scrapping and other 
prescrapping dispositions acceptable to NMFS. If these arrangements 
have been made by the time of grant award closing, 100 percent of the 
award may be available at that time. Vessel scrapping must occur 
promptly. If a vessel is going to be transferred to an eligible entity, 
the transfer must also occur at the grant award closing and 75 percent 
of the award will be available at that time. The remaining 25 percent 
will be available when the applicant shows proof that the transferred 
vessel has a permanent restriction on its certificate of documentation 
prohibiting that vessel from participating in the fisheries of the U.S. 
If these arrangements have been made by the grant award closing, 100 
percent of the award may be available at that time. NMFS reserves the 
right to terminate financial assistance negotiations with an applicant, 
if in the opinion of NMFS there are material adverse changes in an 
applicant's ability to meet the terms and conditions of a FCRI award 
agreement, including any outstanding and/or pending investigation, 
charge, or penalty relating to a violation of state or Federal 
fisheries laws. As a precaution against insured vessel losses, NOAA 
reserves the right to reduce financial assistance awards by the amount 
recovered by the applicant through insurance claims.

XI. Administrative Requirements

A. Primary Applicant Certification

    Applicants whose applications are recommended for funding will be 
required to submit a completed 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,'' and the following explanations 
are hereby provided:
    1. Nonprocurement debarment and suspension. 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 prescribed above applies.
    2. Drug-free workplace. 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 prescribed above applies.
    3. Anti-lobbying. Persons (as defined at 15 CFR 28.105) are subject 
to the lobbying provisions of 31 U.S.C. 1352, ``Limitation on use of 
appropriated funds to influence certain Federal contracting and 
financial transactions,'' and the lobbying section of the certification 
form prescribed above applies to applications/bids for grants, 
cooperative agreements, and contracts for more than $100,000, and loans 
and loan guarantees for more than $150,000, or the single family 
maximum mortgage limit for affected programs, whichever is greater.
    4. Anti-lobbying disclosure. Any applicant who has paid or will pay 
for lobbying using any funds must submit an SF-LLL, ``Disclosure of 
Lobbying Activities,'' as required under 15 CFR part 28, Appendix B.
    5. Lower tier certifications. Applicants shall require applicants/
bidders for subgrants, contracts, subcontracts, or other lower tier 
covered transactions at any tier under the award to submit, if 
applicable, a completed Form CD-512, ``Certifications Regarding 
Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier 
Covered Transactions and Lobbying,'' and disclosure form SF-LLL, 
``Disclosure of Lobbying Activities.'' Form CD-512 is intended for the 
use of recipients and should not be transmitted to Commerce. SF-LLL 
submitted by any tier recipient or subrecipient should be submitted to 
the Department in accordance with the instructions contained in the 
award document.

B. Other Requirements

    1. Federal policies and procedures. FCRI grant recipients and 
subrecipients are subject to all Federal laws and Federal and 
Department policies, regulations, and procedures applicable to Federal 
financial assistance awards. Federal assistance funds cannot be used to 
pay a Federal debt.
    2. Name check review. 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.
    3. A false statement on the application is grounds for denial or 
termination of funds and grounds for possible

[[Page 44305]]

punishment by a fine or imprisonment (18 U.S.C. 1001).
    4. Financial management certification/preaward accounting survey. 
Applicants, at the discretion of the NOAA Grants Officer, may be 
required to have their financial management systems certified by an 
independent public accountant as being in compliance with Federal 
standards specified in the applicable Office of Management and Budget 
(OMB) Circulars prior to execution of the award. Any first-time 
applicant for Federal grant funds may be subject to a pre-award 
accounting survey by the Department prior to execution of the award.
    5. Past performance. Unsatisfactory performance under prior Federal 
awards may result in an application not being considered for funding.
    6. Delinquent Federal debts. No award of Federal funds shall be 
made to an applicant or to its subrecipients who have an outstanding 
delinquent Federal debt or fine until either:
    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.
    7. Buy American-made equipment or products. Applicants are hereby 
notified that they are encouraged, to the extent feasible, to purchase 
American-made equipment and products with funding under this program.
    8. Pre-award activities. 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.

Catalogue of Federal Domestic Assistance

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

Classification

    This action has been determined to be not significant for purposes 
of E.O. 12866. Applications under this program are subject to E.O. 
12372, ``Intergovernmental Review of Federal Programs.'' This notice 
contains a collection-of-information requirement subject to the 
Paperwork Reduction Act (PRA). The collection of this information has 
been approved by OMB under control number 0648-0289. Public reporting 
burden for preparation of the grant application is estimated to be 1 
hour per response including the time for reviewing instructions, 
gathering and maintaining the data needed, and completing and reviewing 
the collection of information. An additional 15-hour reporting burden 
is estimated for those applicants who are accepted by NMFS including 
time for documenting the income claims on their applications, how 
outstanding liens on their vessels will be satisfied, and how the 
vessels will be scrapped. 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).
    Notwithstanding any other provision of the 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.
    The Assistant General Counsel for Legislation and Regulation of the 
Department certified to the Chief Counsel for Advocacy of the Small 
Business Administration that this notice would not have a significant 
economic impact on a substantial number of small entities. As of August 
20, 1996, 1,664 fishermen held multispecies limited access permits, 
representing the entire universe of fishermen potentially eligible to 
participate in the FCRI. The FCRI is expected to result in the 
elimination of approximately 80 vessels, along with their associated 
permits.
    There is no doubt that the FCRI will have a significant economic 
impact, as defined under the Regulatory Flexibility Act (RFA), on those 
fishermen who participate in this program. The FCRI, however, will not 
affect a ``substantial number'' of small entities, defined as more than 
20 percent of the business entities which are potentially eligible for 
participation in the program. Indeed, assuming 80 fishermen are 
ultimately bought out, these fishermen would represent only 4.8 percent 
of the small entities potentially affected by the FCRI. Therefore, the 
impacts of the notice are not significant within the meaning of the 
RFA. They are not likely to lead to a reduction in the annual gross 
revenues by more than 5 percent or an increase in total costs of 
production by more than 5 percent, nor would this action result in any 
greater compliance costs.

    Dated: August 22, 1996.
Charles Karnella,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 96-21875 Filed 8-23-96; 1:01 pm]
BILLING CODE 3510-22-P