[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]
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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.
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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
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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]
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