[Federal Register Volume 66, Number 103 (Tuesday, May 29, 2001)]
[Notices]
[Pages 29090-29094]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13416]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[Docket No. 010410087-1131-02; I.D. 032901A]
RIN 0648-AO07


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 submit a proposal for and be selected to perform sea scallop 
research projects during fishing years 2001 (March 1, 2001, through 
February 28, 2002) and 2002 (March 1, 2002, through February 28, 2003) 
funded by a 1-percent set-aside of the scallop total allowable catch 
(TAC) under Framework Adjustment 14 to the New England Fishery 
Management Council's (Council) Atlantic Sea Scallop Fishery Management 
Plan (FMP), and how NOAA and the Council will determine whether to 
select your proposal.

DATES: To be considered under this solicitation, all research proposals 
that would utilize the fishing year 2001 TAC set-aside must be received 
between May 29, 2001 and 5 p.m., EDT, on June 19, 2001 (see ADDRESSES 
section of this document). To be considered under this solicitation, 
all research proposals that would utilize only the fishing year 2002 
TAC set-aside must be received between May 29, 2001 and 5 p.m., EST, on 
November 1, 2001, in the Northeast Regional Office (see ADDRESSES 
section of this document).
    Postmarks indicating the proposals were mailed on these dates will 
not be sufficient. Facsimile applications will not be accepted. For 
further information related to the timeframe and procedures for 
submission, review, and selection of proposals to be conducted with TAC 
set-aside funds from the Hudson Canyon and Virginia Beach Areas, 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, One Blackburn Drive, 
Gloucester, MA 01930. Mark proposals ``Attention--Sea Scallop Research 
Proposals.''
    Copies of the Standard Forms for submission of research proposals 
may be found on the Internet in a PDF (Portable Document Format) 
version at http://www.ofa.noaa.gov/grants/index.html under the title 
``Grants Management Forms,'' or by contacting the Council office (see 
FOR FURTHER INFORMATION CONTACT)

FOR FURTHER INFORMATION CONTACT: Patricia M. Fiorelli, New England 
Fishery Management Council, (978) 465-0492, or Peter Christopher, NMFS, 
(978) 281-9288.

[[Page 29091]]


SUPPLEMENTARY INFORMATION:

A. Background

    The final rule implementing Framework 14 was published in the 
Federal Register on May 1, 2001 (66 FR 21639). Framework 14 implements 
a Scallop Area Access Program for the Hudson Canyon and Virginia Beach 
Areas (formerly referred to as the Hudson Canyon South and Virginia 
Beach Closed Areas, respectively). These areas have been closed since 
1998. Under this areas access program, limited access sea scallop 
vessels would be allowed to land scallops in excess of the possession 
limit, or take additional trips above those provided for in the 
program, and use the proceeds of the excess catch or additional trips 
to offset the costs of the research proposals submitted in response to 
this notice. The Hudson Canyon and Virginia Beach Sea Scallop Access 
Areas were re-opened to scallop fishing upon implementation of the 
final rule implementing Framework 14 (May 1, 2001). Authorization to 
fish in the two Sea Scallop Access Areas would continue through the 
2002 fishing year. Each year, the areas would remain open until one of 
three events triggered a closure: (a) The fishing year ends (February 
28, 2002, for fishing year 2001, and February 28, 2003, for fishing 
year 2002); (b) the scallop landings from an area exceed the TAC and it 
is closed by the Regional Administrator, Northeast Region, NMFS 
(Regional Administrator); or (c) vessels use all authorized trips to 
fish for scallops within one or both of the areas. Framework 14 
authorizes three trips per vessel for each area in fishing year 2001 
and three trips per vessel for each area in fishing year 2002, unless 
modified by action taken by the Regional Administrator. NOAA, in 
cooperation with the Council, is soliciting proposals for sea scallop 
research for both the 2001 and 2002 fishing years utilizing TAC set-
aside from the Hudson Canyon and Virginia Beach Areas. Vessels 
participating in an approved project and fishing in the Sea Scallop 
Access Areas would be authorized by the Regional Administrator to take 
additional trips into the areas and/or to land scallops in excess of 
the 17,000-lb (7,711.1-kg) possession limit specified for fishing year 
2001 and in excess of the 18,000-lb (8,164.7-kg) possession limit for 
fishing year 2002.
    All research proposals to be conducted with TAC set-aside funds 
from the Hudson Canyon and Virginia Beach Areas must be received during 
the submission period identified in the DATES section of this document. 
Applicants must submit one signed original and two signed copies of the 
completed application (including supporting information). Once the 
applications are received, NOAA will either seek comments from the 
Council through the Council's public review process, or convene a 
Review Team, which will include representatives from the Council and 
may include independent technical experts, for the purpose of reviewing 
proposals in closed meetings under the direction of NOAA.
    The total set-aside available for research is 293,256 lb (133.0 
mt), an amount of scallops that has an approximate value of $1,173,024 
(with prices varying according to season and availability). The TAC 
set-aside for sea scallop research for the 2001 fishing year is as 
follows: 139,575 lb (63 mt) for the Hudson Canyon Area; and 6,238 lb (3 
mt) for the Virginia Beach Area. For the 2002 fishing year, the TAC 
set-aside for research is: 141,428 lb (64 mt) for the Hudson Canyon 
Area; and 6,015 lb (3 mt) for the Virginia Beach Area.
    NOAA will award a grant to successful applicants through its grant 
award process. The project period for sea scallop research cannot 
predate the current Atlantic sea scallop fishing year. The project 
period may not extend beyond February 28, 2003, and any portion of the 
2001 fishing year TAC awarded must be caught for compensation by 
February 28, 2002. The actual research portion of the proposals could 
be conducted up through February 28, 2003, provided the compensation 
portion of the proposal is conducted during the fishing year from which 
the research TAC set-aside is being requested. Proposals to fund 
research that started on or after the project period began 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.
    NMFS may, with the concurrence of the Council, publish a second 
Request for Proposals for the fishing year 2002 if it is deemed 
necessary.

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, 16 U.S.C. 1801 et seq.

C. Catalog of Federal Domestic Assistance

    11.454, Unallied Management Projects

D. Funding Instrument and Project Period

    NOAA will award a grant to successful applicants through its grant 
award process. The project period for sea scallop research can not 
predate the current Atlantic sea scallop fishing year, March 1, 2001. 
The project period may not extend beyond February 28, 2003. Any portion 
of the 2001 fishing year TAC awarded must be caught for compensation by 
February 28, 2002. 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 
notice. 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 the Hudson Canyon and 
Virginia Beach Areas, within or outside of the Sea Scallop Area Access 
Program timeframe, and on board 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.

[[Page 29092]]

    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, these funds 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 researcher or vessel owner for their expenses.

G. Eligibility Criteria

    All commercial organizations; non-profit organizations; state, 
local or tribal governments; 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 document.
    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 and the Sea Scallop Access Area within 
which the research and/or compensation trip is to be conducted, and the 
total amount of scallops requested for the project, including, using a 
scallop meat value of $4.50 per pound, their average approximate 
monetary value over the last year. Additionally, each proposal must 
identify the requirements for the participating vessel(s) that would 
make a Sea Scallop Access 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. 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. 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.

I. Confidentiality of Information

    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, 
Confidential, Commercial, or Financial Information - Limited Use'' at 
the top of the page to assist NOAA in making disclosure determinations. 
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 FOIA. To the extent permitted under 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; Research to 
actively manage spat collection and seeding of sea scallops;
    2. Social and economic impacts and consequences of closing areas to 
enhance productivity and improve yield for sea scallops and other 
species;
    3. High resolution surveys that include distribution, recruitment, 
mortality and growth rate information;
    4. Estimation of factors affecting fishing power for eachlimited 
access vessel;
    5. Demonstration projects to identify ways to reducediscard 
mortality, increase efficiency without increasing fishing power (e.g., 
decreasing processing time with sorters) and improve safety;
    6. Research to identify scallop habitat and ecological 
relationships that affect reproduction, recruitment mortality and 
growth, including those enhanced/impeded by area closures;
    7. Quantification of fishing costs related to fishing for sea 
scallops in specific areas (e.g., fishing gear modification, steaming 
time, and opportunity cost);
    9. Identification of fishermen's perceptions about area-based 
management and alternative strategies;
    10. Processing and analyzing of data that will be collected or that 
have already been collected;
    11. Broader investigations of variability in dredging efficiency 
across habitats (substrates, current velocities, etc.) times, areas, 
and gear designs; and
    12. Research that provides more detailed sea scallop lifehistory 
information (especially on age-and area-specific natural mortality and 
growth) and to identify stock-recruitment relationships.

K. Evaluation Criteria

    The Council or the Review Team convened by NOAA will evaluate 
proposals 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 likelyto achieve 
its stated objectives (20 points);
    4. Identification of anticipated benefits, potential users and 
methods of disseminating results (10 points);
    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).

[[Page 29093]]

L. Selection Procedures

    Applications may be reviewed and evaluated by either the Council at 
the request of NOAA or by the Review Team convened by NOAA. If the 
Council is requested to review the proposals, the proposals will be 
reviewed in a public meeting process by representatives of the Council 
based on the criteria contained in Section K of this notice. The 
Council's representatives would then make recommendations to the 
Council. The Council would consider the recommendations of its 
representatives, the Project Funding Priorities identified in Section 
J, the Evaluation Criteria identified in Section K, and may also 
consider the time of year the research activities are to be conducted, 
ability to meet requirements under Section O of this notice, and 
logistic concerns. The Council would then make its recommendations to 
the Regional Administrator. NOAA would 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 time of year the research activities are to be conducted, 
ability to meet requirements under Section O of this notice, 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 solicit written technical evaluations based on the 
evaluation criteria contained in Section K of this notice from three or 
more private and/or public sector experts to determine the technical 
merit of the proposal. Following completion of the technical 
evaluation, NOAA will convene a Review Team whose members would 
evaluate the proposals using the Project Funding Priorities identified 
in Section J and the Evaluation Criteria identified in Section K of 
this notice. Based on the individual recommendations of each of the 
members of this Review Team, and based on program policy factors 
identified in this notice, 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 here. The 
format may vary, but must include:
    1. A project summary;
    2. A narrative project description to include: (a) Projectgoals 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.ofa.noaa.gov/grants/index.html under the title 
``Grants Management Forms,'' or by contacting the Council office (see 
FOR FURTHER INFORMATION CONTACT); and
    5. Supporting documents (resumes, cooperative researchagreements, 
contracts, etc.).

N. Final Reports

    NOAA and 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 collectionand 
analyses;
    4. A discussion of results and any relevant conclusionspresented 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 toconduct 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.ofa.noaa.gov/grants/index.htmlunder 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) and other applicable laws.

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,

[[Page 29094]]

    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 
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 here 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 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.
    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. Pre-award 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, pre-award 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 (5 U.S.C. 553(a)(2)).
    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 notice contains collection-of-information requirements subject 
to the Paperwork Reduction Act. The use of Standard Forms 269, 424, 
424A, 424B, and SF-LLL have been approved by OMB under the respective 
control numbers 0348-0039, 0348-0043, 0348-0044, 0348-0040, and 0348-
0046.
    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 Paperwork 
Reduction Act, unless that collection displays a currently valid OMB 
control number.
    This action has been determined to be not significant for purposes 
of Executive Order 12866.

    Dated: May 23, 2001.
John Oliver,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 01-13416 Filed 5-23-01; 4:15 pm]
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