[Federal Register Volume 62, Number 1 (Thursday, January 2, 1997)] [Notices] [Pages 94-95] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-33368] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [Docket No. 960322092-6367-04; I.D. 122696A] RIN 0648-ZA19 Gulf of Mexico Sustainable Fisheries Program AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; request for comments. ----------------------------------------------------------------------- SUMMARY: Pursuant to the Interjurisdictional Fisheries Act of 1986 (IFA), the Secretary of Commerce (Secretary) declared fishery resource disasters in the Northeast, Northwest, and the Gulf of Mexico (Gulf) on August 2, 1995. Emergency aid totaling $15 million was made available for the Gulf, $5 million of which has been committed for financial assistance to commercial fishermen who suffered uninsured fishing vessel or gear damage or loss caused by hurricanes, floods, or their aftereffects that occurred from August 22, 1992, through December 31, 1995. NMFS now proposes to allocate the remaining $10 million to the five Gulf states' fisheries resources agencies for projects or other measures designed to alleviate the long-term effects of the disasters on the Gulf's fishery resources and associated habitat. Pursuant to the IFA, NMFS must provide notice and an opportunity for public comment on any terms, limitations, and conditions that are established as prerequisites for receiving IFA Federal assistance funds. This notice describes those terms, limitations, and conditions, and requests public comment. DATES: Comments must be submitted on or before January 30, 1997. ADDRESSES: Comments regarding this proposed program should be sent to the National Marine Fisheries Service, Southeast Region, 9721 Executive Center Drive, St. Petersburg, FL 33702-2432. FOR FURTHER INFORMATION CONTACT: Buck Sutter, (813) 570-5324. SUPPLEMENTARY INFORMATION: Background On August 2, 1995, the Secretary declared fishery resource disasters in the Pacific Northwest, New England, and the Gulf. With respect to the Gulf, the Secretary's disaster declaration (Declaration) cited multiple impacts. Non-point source nutrients and debris entering the Gulf as a result of the Mississippi River floods in 1993 and 1994 caused severe hypoxia, a condition where the excess nutrients react to deplete the water of necessary oxygen, which spread to massive areas in the Gulf and threatened marine life and coastal resources. The flood debris created underwater hazards for commercial fishermen who suffered damaged or lost gear and vessels. In addition, the Secretary cited hurricanes that harmed fisheries habitat and engendered substantial economic damage and social disruption. Because of these impacts, the Secretary made $15 million available for the Gulf of Mexico for disaster relief. On June 10, 1996, NMFS published a final notice describing the Gulf of Mexico Fisheries Disaster Program (FDP), which committed up to $5 million of the available $15 million for direct grants to commercial fishermen who suffered uninsured fishing vessel or gear damage or loss caused by the hurricanes, floods, or their aftereffects (61 FR 29350, June 10, 1996; 61 FR 55132, Oct. 24, 1996). Section 308(d) of the IFA allows the Secretary to help persons engaged in commercial fisheries by providing assistance indirectly through state and local government agencies. Therefore, the Secretary proposes to use the remaining $10 million in Gulf disaster assistance for projects or other measures to alleviate the long-term impacts on Gulf fishery resources and associated habitat from conditions cited in the August 2, 1995, Declaration. Because the impacts varied from state to state, a determination has been made to provide this assistance through the five Gulf state fisheries resources agencies, as they are in the best position to determine how the funds can be used. This notice proposes the criteria that will be used by NOAA to fund state disaster assistance proposals and provides opportunity for public comment. NMFS will publish a final notice that will address public comments submitted on this notice and establish the final criteria for the state grants. States will also be notified and required to comply with all existing Federal assistance requirements. Once NMFS determines that a state's proposal(s) complies with all applicable terms, limitations, and conditions, NMFS will enter into a financial assistance agreement with that state for the administration of each project. After consultations with appropriate state officials and review of available information regarding the impacts of disasters that occurred from August 23, 1992, through December 31, 1995, NMFS has decided upon the following apportionment of funds: Alabama--$1 million; Florida-- $2.25 million; Louisiana--$4.5 million; Mississippi--$1 million; and Texas--$1.25 million. I. Criteria In order to be considered for funding, a state proposal must adhere to the following criteria: 1. The proposed project(s) must be consistent with the original intent of the Secretary's disaster declaration and the IFA (i.e., each project must address conditions resulting from nutrients and debris entering the Gulf as a result of floods and/or hurricanes or hurricane- strength storms from August 23, 1992, through December 31, 1995). 2. Projects must address the long-term benefit of the fishery resource and associated habitat and must seek to create healthy, sustainable fisheries in the Gulf of Mexico. 3. Projects must not duplicate existing Federal, state, or local projects. However, they may augment or allow the maintenance of effort of existing projects, provided that those projects are consistent with all other criteria. In other words, separate funds may be used to maintain existing projects. 4. Projects that primarily involve new data collection must show a clear relationship between that project and [[Page 95]] long-term benefits to the fishery resource that are attainable without additional funding. A new data collection project that would not provide sufficient useful information to help Gulf fisheries unless the project received additional funding would not qualify under this program. Projects that would qualify under these criteria might include restoration/development of hurricane or flood-damaged habitat, enhancement of stocks that declined due to hypoxia or habitat loss, or fishing capacity reduction projects to alleviate the excess capacity targeting the depleted stocks and to mitigate the financial harm suffered by fishermen who targeted these stocks. II. Determinations and Administration All state grant proposals will be reviewed by the Department of Commerce, NOAA, and NMFS. Final project selections will be made by NMFS ensuring that there is no duplication with other projects funded by NOAA or other Federal organizations. If a proposal is accepted, NOAA will enter into a financial assistance agreement with the submitting state. Catalogue of Federal Domestic Assistance The Program is listed in the ``Catalogue of Federal Domestic Assistance'' under No. 11.452, Unallied Industry Projects. Classification This proposed program has been determined to be not significant for the purposes of E.O. 12866. The Assistant General Counsel for Legislation and Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration as follows: I certify that this notice would not have a significant economic impact on a substantial number of small entities. Pursuant to this program, a total of $10 million will be divided among five states to design a program of assistance to eligible industry participants. As each state has flexibility to design its own implementation of the program, the funds to be allocated to each state are likely to be spent on numerous varied projects. Some projects might provide direct financial benefits to fishermen while other projects might involve environmental restoration and research, which are designed to benefit the fishery directly, and only indirectly benefit fishermen. Given the extensive universe of potential applicants, the limited funds available, and the wide range of potential projects, it is unlikely that 20 percent or more of the industry will be affected to an extent in excess of 5 percent of gross revenues. As the program is meant to benefit the industry, it is also unlikely that the action will precipitate a 10 percent increase in compliance cost for 20 percent or more of industry participants, or cause 2 percent of fishery participants to cease operations. Therefore, an initial Regulatory Flexibility Act analysis was not prepared. Authority: Public Law 99-659 (16 U.S.C. 4107 et seq.); Public Law 102-396; Public Law 104-134. Dated: December 26, 1996. Gary C. Matlock, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 96-33368 Filed 12-31-96; 8:45 am] BILLING CODE 3510-22-P