[Federal Register Volume 65, Number 169 (Wednesday, August 30, 2000)]
[Notices]
[Pages 52697-52701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-22203]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[Docket No. 000531162-0238-03; I.D. 072800D]
RIN 0648-AN49


New England Fishery Management Council; Notice and Request for 
Sea Scallop Research Proposals

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

ACTION: Notice of solicitation for applications.

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SUMMARY: NMFS issues this document to describe how you, the researcher, 
may be selected to perform sea scallop research projects funded by a 1-
percent set-aside of the scallop total allowable catch (TAC) under 
Framework Adjustment 13 to the New England Fishery Management Council's 
(Council's) Atlantic Sea Scallop Fishery Management Plan (FMP) and 
Framework Adjustment 34 to the Council's Northeast Multispecies FMP 
(Frameworks 13/34) and how NOAA and the Council will determine whether 
to select your proposal. Frameworks 13/34 allow scallop vessels 
temporary access to portions of the groundfish closed areas on Georges 
Bank and Nantucket Shoals to harvest sea scallops and allow selected 
vessels to land scallops in excess of the possession limit or take 
additional trips and use the proceeds of the excess catch or additional 
trips to offset the costs of the research proposals submitted in 
response to this notification. Frameworks 13/34 authorize certain 
scallop vessels during the 2000 scallop fishing year to fish three 
trips per vessel in Closed Area II (CA II), one trip per vessel in the 
Nantucket Lightship Closed Area (NLCA), and 2 trips per vessel in 
Closed Area I (CA I) for certain periods of time, unless modified by 
action taken by the Regional Administrator, Northeast Region, NMFS 
(Regional Administrator).
    NOAA, in cooperation with the Council, is publishing this second of 
two solicitations to request proposals for scallop research utilizing 
set-aside TAC from CA I, NLCA, and any CA II research TAC that may 
remain after award to projects submitted under NOAA's original CA II 
solicitation. Vessels participating in an approved project and fishing 
in the closed areas would be authorized by the Regional Administrator 
to take additional trips into the closed areas and/or to land scallops 
in excess of the 10,000-lb (4,536-kg) possession limit allowed for all 
closed area trips.

DATES: All research proposals to be considered under this solicitation 
must be received between August 30, 2000 and no later than 5 p.m., 
local time, on September 20, 2000 (see ADDRESSES section of this 
document). Postmarks will not be sufficient. Facsimile applications 
will not be accepted. For further information related to the timeframe 
for review and selection of proposals to be conducted with TAC

[[Page 52698]]

set-aside funds from CA I, NLCA, and the remaining CA II research TAC, 
see Section A, Background, under SUPPLEMENTARY INFORMATION of this 
document.

ADDRESSES:  Proposals must be submitted to Patricia A. Kurkul, Regional 
Administrator, NMFS, Northeast Regional Office, 1 Blackburn Drive, 
Gloucester, MA 01930. Mark proposals ``Attention --Sea Scallop Research 
Proposals.''

FOR FURTHER INFORMATION CONTACT: Patricia M. Fiorelli, New England 
Fishery Management Council, (978) 465-0492, or David Gouveia, NMFS, 
(978) 281-9280.

SUPPLEMENTARY INFORMATION:

A. Background

    On June 13, 2000, NMFS published a Request for Proposals (RFP) to 
utilize research TAC set-aside from the total TAC allocated for CA II 
(65 FR 37118). All research proposals to be conducted with TAC set 
aside funds from CA II must have been submitted during the submission 
period identified in the notice. Researchers were also informed that 
proposals to be conducted with TAC set aside funds from the NCLA and CA 
I could also be submitted during the submission period for CA II. 
However, researchers were informed that these proposals would be kept 
on file and would be reviewed against other proposals received as a 
result of the second RFP solicitation. At the July 26-27, 2000, Council 
meeting, the research TAC-set aside process was discussed and the 
Council announced that a second RFP solicitation would be published in 
the Federal Registerin the very near future.
    For research proposals to be conducted with TAC set aside funds 
from Closed Area II, the NMFS Northeast Regional Grant Office convened 
a review panel on July 14, 2000, made up mostly of the Council's 
Research Steering Committee (Committee) to review the proposals 
received and make recommendations to NMFS. NMFS is considering the 
Committee's recommendations and will make its recommendation to the 
NOAA Grants Officer. Consequently, this action solicits proposals for 
scallop research utilizing the research set-asides allocated for CA I, 
NLCA, and any CA II research TAC that may remain after award to 
projects submitted under NOAA's original CA II solicitation.
    All research proposals to be conducted with TAC set-aside funds 
from CA I, the NLCA, and any remaining CA II research TAC must be 
received during the period identified in the DATES section of this 
document. You must submit one signed original and two signed copies of 
the completed application (including supporting information). We will 
not accept facsimile applications. Prior to selection, applications may 
be reviewed and evaluated by the Council at the request of NOAA and 
become subject to public review as part of an open public comment 
process at the Council meeting. If it is determined that the Council 
should evaluate the proposals in a public meeting, the Council 
anticipates that the review and subsequent recommendations to NMFS will 
occur on or about one week following the close of the submission period 
for research proposals as identified in the DATESsection of this 
notice. Any proposals for TAC set-aside funds from the NLCA and CA I 
that were submitted and that were received by NMFS during the CA II 
solicitation period, June 13 through June 28, 2000, need not be 
resubmitted. However, researchers may amend such proposals during the 
solicitation period (see DATES).
    The TAC set-aside for sea scallop research by area is as follows: 
The NLCA, 55,116 lb (25,000.6 kg); CA I, 70,548 lb (32,000.6 kg); and 
any remaining TAC to be determined. NOAA will award a grant to 
successful applicants through the NOAA grant award process. The project 
period for sea scallop research can not predate the current Atlantic 
sea scallop fishing year and may not exceed a 12-month period. 
Proposals to fund research started on or after the project period are 
eligible for consideration. However, if the project is not approved, 
any research or expenditures related to this project will be the sole 
responsibility of the researcher without any further compensation from 
the TAC set-aside funds

B. Authority

    Issuing grants is consistent with sections 402(e), 303(b)(11), 
304(e), and 404(c) of the Magnuson-Stevens Fishery Conservation and 
Management Act.

C. Catalog of Federal Domestic Assistance (CFDA)

    11.454, Unallied Management Projects

D. Funding Instrument and Project Period

    We will award a grant to successful applicants through the NOAA 
grant award process. The project period for sea scallop research can 
not predate the current Atlantic sea scallop fishing year, March 1, 
2000, and may not exceed a 12-month period. Proposals to fund research 
started on or after the project period are eligible for consideration. 
However, if the project is not approved, any research or expenditures 
related to this project will be the sole responsibility of the 
researcher without any further compensation from the TAC set-aside 
funds.

E. Funding Availability

    No Federal funds are provided for sea scallop research under this 
notification. The Federal Government's contribution to the project will 
be a Letter of Authorization that will provide special fishing 
privileges in response to sea scallop research proposals selected to 
participate in this program. The Federal Government shall not be liable 
for any costs incurred in the conduct of the project. The funds 
generated from the additional landings authorized in the Letter of 
Authorization shall be used to cover the cost of the sea scallop 
research, including vessel costs, and to compensate vessel owners for 
expenses incurred. Therefore, the owner of each fishing vessel selected 
to land scallops in excess of the trip limit or from additional 
authorized trips must use the proceeds of the sale of the excess catch 
to compensate the researcher for costs associated with the research 
activities and use of the vessel. Any additional funds above the cost 
of the research activities (or excess program income) shall be retained 
by the vessel owner as compensation for the use of his/her vessel.

F. Scope of Sea Scallop Research

    Projects funded under the sea scallop TAC set-aside program should 
enhance understanding of the scallop resource or contribute to the body 
of information on which management decisions are made. Sea scallop 
research may be conducted in or outside of a closed area, within or 
outside of the Sea Scallop Exemption Program timeframe, and onboard a 
fishing or other type of vessel. Sea scallop research conducted with 
these TAC set-aside funds also may or may not involve the harvest of 
scallops.
    Funds generated from the set-aside landings shall be used to cover 
the cost of the research activities, including vessel costs, and to 
compensate boats for expenses incurred during the collection of set-
aside scallops. For example, they could be used to pay for gear 
modifications, monitoring equipment, additional provisions (e.g., fuel, 
ice, food for scientists) or the salaries of research personnel. The 
Federal Government is not liable for any costs incurred by the 
researcher or vessel owner, should the sale of the excess catch not 
fully reimburse the

[[Page 52699]]

researcher or vessel owner for their expenses.

G. Eligibility Criteria

    All for-profit and non-profit institutions; state, local or tribal 
governments; educational institutions; institutions of higher 
education; and individuals are eligible to apply, provided that all 
proposal requirements are satisfied and the proposal is received by the 
date specified in this notice.
    Pursuant to Executive Orders 12876, 12900, and 13021, the 
Department of Commerce, National Oceanic and Atmospheric Administration 
(DOC/NOAA) is strongly committed to broadening the participation of 
Historically Black Colleges and Universities, Hispanic Serving 
Institutions and Tribal Colleges and Universities in its educational 
and research programs. The DOC/NOAA vision, mission and goals are to 
achieve full participation by Minority Serving Institutions (MSIs) in 
order to advance the development of human potential, to strengthen the 
nation's capacity to provide high-quality education, and to increase 
opportunities for MSIs to participate in, and benefit from, Federal 
Financial Assistance programs. DOC/NOAA encourages all applicants to 
include meaningful participation of MSIs.

H. Proposal Requirements

    Proposals must be submitted to NOAA and must identify the sea 
scallop research to be conducted, state which scallop closed area the 
research and/or compensation trip is to be conducted, and the total 
amount of scallops requested for the project, including their 
approximate cash value. Additionally, each proposal must identify the 
requirements for the participating vessel(s) that would make a closed 
area trip to collect the scallop set-aside. The vessel selected by the 
applicant should be listed in the proposal, if possible, or 
specifically identified prior to final approval by NOAA. Proposals may 
request that the scallop set-aside be collected separately from the sea 
scallop research trip or other related research trip. The separate sea 
scallop research compensation trips do not necessarily have to be 
conducted by the same vessel. The Council or NMFS contact person may 
provide assistance to researchers who are seeking vessels to 
participate in the collection of set-aside scallops or directly in 
research projects. The Council or NMFS may publish a list of those 
vessel owners willing to participate through their respective 
homepages.
    The researcher's proposal must state which scallop closed area the 
research and/or compensation trip is to be conducted in and the amount 
of funds required to support the research project, as well as the 
amount required to compensate the vessel owner either for the 
collection of set-aside scallops or for participation in the research 
project, or both. The proposal must also include the agreement between 
the vessel owner and researcher that shows exactly how the research 
activity is to be paid for, if possible, or such agreement must be 
provided prior to final approval by NOAA.

I. Project Evaluation and Approval

    Applications may be reviewed and evaluated by the Council at the 
request of NOAA and become subject to public review as part of an open 
public comment process at the Council meeting. In the event that an 
application contains information or data that the applicant does not 
want disclosed prior to award for purposes other than the evaluation of 
the application, the applicant should mark each page containing such 
information or data with the words ``Privileged Information/
Confidential/Commercial or Financial Information - Limited Use'' at the 
top of the page to assist NOAA in making disclosure determinations when 
submitting information to the Council for review. DOC regulations 
implementing the Freedom of Information Act (FOIA) are found at 15 CFR 
part 4, ``Public Information,'' which sets forth rules for DOC to make 
requested materials, information, and records publicly available under 
the FOIA. To the extent permitted under the FOIA, the contents of 
applications and proposals submitted by successful applicants may be 
released in response to FOIA requests.

J. Project Funding Priorities

    Sea scallop research projects that identify and evaluate gear to 
reduce groundfish bycatch and habitat impacts and that provide improved 
information concerning scallop abundance estimates are considered high 
priority by the Council. Sea scallop research that involves evaluating 
the distribution, size composition, and density of scallops in the 
closed areas prior to the open periods also will be considered high 
priority. Other research needs (not listed in order of priority) that 
also will be considered by the Council and NOAA follow:
    1. Evaluation of ways to control predation on scallops;
    2. Research to actively manage spat collection and seeding of sea 
scallops;
    3. Social and economic impacts and consequences of closing areas to 
enhance productivity and improve yield for sea scallops and other 
species;
    4. High resolution surveys that include distribution, recruitment, 
mortality and growth rate information;
    5. Estimation of factors affecting fishing power for each limited 
access vessel;
    6. Demonstration projects to identify ways to reduce discard 
mortality, increase efficiency without increasing fishing power (e.g., 
decreasing processing time with sorters) and improve safety;
    7. Research to identify scallop habitat and ecological 
relationships that affect reproduction, recruitment mortality and 
growth, including those enhanced/impeded by area closures;
    8. Quantification of fishing costs related to fishing for sea 
scallops in specific areas (e.g., fishing gear modification, steaming 
time, and opportunity cost);
    9. Experimental designs with control areas using alternative 
management strategies, such as area licensing and rotational closures 
(projects should include an analysis of yield improvement, habitat 
impacts and social impacts, including conflict resolution across 
fisheries);
    10. Identification of fishermen's perceptions about area-based 
management and alternative strategies;
    11. Processing and analyzing of data that will be collected or that 
have already been collected;
    12. Broader investigations of variability in dredging efficiency 
across habitats (substrates, current velocities, etc.) times, areas, 
and gear designs; and
    13. Research that provides more detailed sea scallop life history 
information (especially on age-and-area specific natural mortality and 
growth) and to identify stock-recruitment relationships.

K. Evaluation Criteria

    Independent technical experts may be asked to participate in the 
evaluation process. Proposals will be evaluated based on the assigned 
score for each of the following criteria:
    1. A clear definition of the problem, need, issue or hypothesis to 
be addressed (10 points);
    2. A clear definition of the approach to be used, including 
theoretical studies, laboratory analyses, and/or field work (15 
points);
    3. Adequate justification as to how the project is likely to 
achieve its stated objectives (20 points);
    4. Identification of anticipated benefits, potential users and 
methods of disseminating results (10 points);

[[Page 52700]]

    5. Relevance of the project to the research needs identified by the 
Council (20 points);
    6. Demonstration of support, cooperation and/or collaboration with 
the fishing industry (15 points); and
    7. Cost-effectiveness of the project (10 points).

L. Selection Procedures

    If the Council participates in the selection process, the Committee 
will evaluate each research proposal based on the criteria identified 
in this notification and make recommendations for selection to the 
Council. The Council will then make its recommendations to the Regional 
Administrator based on the Committee's recommendations. NOAA must then 
consider the Council's recommendations; provide final approval of the 
projects, and authorize selected vessel(s) to exceed the possession 
limit, take additional trips, or be exempt from other regulations 
specified in the FMP through written notification to the applicant. 
Because NOAA will take into account program policy factors such as time 
of year the research activities are to be conducted, administrative 
functions, including evaluations of proposals through the Experimental 
Fishery Procedures contained in 50 CFR 600.745 and 648.12, and logistic 
concerns, projects may not be selected in the order recommended by the 
Council.
    If the Council does not participate in the evaluation of the 
proposals, NOAA will convene a review panel to evaluate the proposals 
using the same criteria and scoring process. Based on the 
recommendation of the members of this panel and program policy factors 
identified in this notification, NOAA will provide final approval and 
authorize vessels to participate in the research projects. All sea 
scallop research must be conducted in accordance with provisions 
approved by NOAA and provided in a Letter of Authorization issued by 
NMFS.

M. Proposal Format

    Proposals should be limited to 6 pages, excluding item 5 below. The 
format may vary but must include:
    1. A project summary;
    2. A narrative project description to include: (a) Project goals 
and objectives; (b) the relationship of the proposed project to 
management needs or priorities identified by the Council; (c) a 
statement of work (project design and management--who is responsible, 
expected products, participants other than applicant); and (d) a 
summary of the existing state of knowledge related to project and 
contribution and relevance of the proposed work;
    3. A description of all funding sources (including revenues derived 
from the sale of scallops harvested under the research TAC set-aside) 
and funding needs; this element of the proposal must include the amount 
of scallop TAC set-aside requested, state which scallop closed area the 
research and/or compensation trip is to be conducted in, and the 
expected funds to be generated by the sale of those scallops; also the 
expected percentage of funds to be allocated to the researcher and any 
involved fishing vessel;
    4. A budget that includes a breakdown of costs (permit costs, 
equipment, supplies, overhead); applicants must submit a Standard Form 
424 ``Application for Federal Assistance'' including a detailed budget 
using Standard Form 424A, ``Budget Information--Non-Construction 
Programs,'' Standard Form 424B, ``Assurances--Non-Construction 
Programs,'' and Commerce Department Form CD-511, ``Certifications 
Regarding Debarment, Suspension and Other Responsibility Matters: Drug 
Free Workplace Requirements and Lobbying.'' Copies of these Standard 
Forms may be found on the Internet in a PDF (Portable Document Format) 
version at http://www.rdc.noaa.gov/&grants/pdf/under the title ``Grants 
Management Forms,'' or by contacting the Council office (see FOR 
FURTHER INFORMATION CONTACT); and
    5. Supporting documents (resumes, cooperative research agreements, 
contracts, etc.).

N. Final Reports

    NOAA or the Council will require project researchers to submit an 
interim and/or final report describing their research project results, 
or other acceptable deliverable(s), in a timeframe that is specific to 
the type of research conducted. The format of the final report may 
vary, but must contain:
    1. A brief summary of the final report;
    2. A description of the issue/problem that was addressed;
    3. A detailed description of methods of data collection and 
analyses;
    4. A discussion of results and any relevant conclusions presented 
in a format that is understandable to a non-technical audience; this 
should include benefits and/or contributions to management decision-
making;
    5. A list of entities, firms or organizations that actually 
performed the work and a description of how that was accomplished; and
    6. A detailed final accounting of all funds used to conduct sea 
scallop research, including those provided through the research set-
aside. The financial information must be submitted on Office of 
Management and Budget Standard Form-269. Copies of this Standard Form 
may be found on the Internet in a PDF version at http://www.rdc.noaa.gov/&grants/pdf/ under the title ``Grants Management 
Forms'', or by contacting the Council office (see FOR FURTHER 
INFORMATION CONTACT).

O. Other Requirements

    Evaluations of the impacts of sea scallop research, which involve 
exemptions to the current fishing regulations, other than those stated 
in the FMP, will be made by NMFS. Vessels conducting certain types of 
sea scallop research requiring relief from fishery regulations may be 
required to obtain an Exempted Fishing Permit (EFP). To apply for an 
EFP, interested parties must submit an application to NMFS at least 60 
days before the effective date of the EFP. Additional time could be 
necessary for NMFS to make determinations regarding requirements under 
the National Environmental Policy Act (NEPA). If required, preparation 
of a NEPA assessment document (e.g., Environmental Assessment) may be 
the responsibility of the researcher.

P. Other Requirements of Recipients

    1. Federal Policies and Procedures
    Recipients and subrecipients are subject to all Federal laws and 
Federal and DOC policies, regulations, and procedures applicable to 
Federal financial assistance awards.
    2. Past Performance
    Unsatisfactory performance under prior Federal awards may result in 
a proposal not being selected.
    3. Delinquent Federal Debt
    A proposal submitted by an applicant who has an outstanding 
delinquent Federal debt is not eligible for selection until either:
    i. The delinquent account is paid in full,
    ii. A negotiated repayment schedule is established and at least one 
payment is received, or
    iii.Other arrangements satisfactory to DOC are made.
    4. Name Check Review
    All non-profit and for-profit applicants are subject to a name 
check review process. Name checks are intended to reveal if any key 
individuals associated with the applicant have been convicted of or are 
presently facing criminal charges such as fraud, theft, perjury, or 
other matters that significantly reflect on the applicant's

[[Page 52701]]

management honesty or financial integrity.
    5. Primary Applicant Certifications
    All primary applicants must submit a completed Form CD-511, 
``Certifications Regarding Debarment, Suspension and Other 
Responsibility Matters; Drug-Free Workplace Requirements and 
Lobbying,'' and the following explanations are hereby provided:
    i. 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;
    ii. 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;
    iii. 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; and
    iv. Anti-Lobbying Disclosures. Any applicant that 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.
    6. Lower Tier Certifications
    Recipients 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 DOC. SF-LLL submitted by any tier recipient or 
subrecipient should be submitted to DOC in accordance with the 
instructions contained in the award document.
    7. False Statements
    A false statement on an application is grounds for denial or 
termination of funds and grounds for possible punishment by a fine or 
imprisonment as provided in 18 U.S.C. 1001.
    8. Preaward Activities
    If you incur any costs prior to receiving an award agreement signed 
by an authorized NOAA official, you do so solely at your own risk of 
these costs not being included under the award. Notwithstanding any 
verbal or written assurance that you may have received, preaward costs 
are not allowed under the award unless the grants officer approves them 
in accordance with 15 CFR 14.28.
    9. Future Awards
    If we select your application to perform sea scallop research to be 
conducted with the scallop TAC set-aside, we have no obligation to 
provide any additional TAC set-aside obligations in connection with 
that award.

Classification

    Prior notice and opportunity for public comments are not required 
by the Administrative Procedure Act or any other law for this notice 
concerning grants, benefits, and contracts.
    Because a general notice of proposed rulemaking as specified in 5 
U.S.C. 533, or any other law, was not required for this action, the 
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 
et seq., are not applicable.
    This document contains collection-of-information requirements 
subject to the Paperwork Reduction Act (PRA). The standard application 
forms have been approved by the Office of Management and Budget (OMB) 
under control numbers 0348-0043 and 0348-0044. Notwithstanding any 
other provision of 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 PRA, unless that collection 
displays a currently valid OMB control number.
    Applications under this program are subject to Executive Order 
12372, ``Intergovernmental Review of Federal Programs.''
    This action has been determined to be not significant for purposes 
of Executive Order 12866.

    Dated: August 24, 2000.
William T. Hogarth,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 00-22203 Filed 8-29-00 8:45 am]
Billing Code: 3510-22-S