[Federal Register Volume 67, Number 29 (Tuesday, February 12, 2002)]
[Notices]
[Pages 6500-6504]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-3376]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[Docket No. 000411102-2008-04; I.D. 010202B]
RIN 0648-ZA85


Financial Assistance for Community-based Habitat Restoration 
Projects

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

ACTION: Notice of availability of funds.

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SUMMARY: The purpose of this document is to invite the public to submit 
proposals for available funding to implement grass-roots habitat 
restoration projects that will benefit living marine resources, 
including anadromous fish, under the NOAA Community-Based Restoration 
Program (CRP). This document describes the conditions under which 
applications (project proposals) will be accepted under the CRP, and 
describes criteria under which applications will be evaluated for 
funding consideration. Projects funded through the CRP will be expected 
to have strong on-the-ground habitat restoration components that 
provide educational and social benefits for people and their 
communities in addition to long-term ecological habitat improvements 
for NOAA trust resources. Proposals selected for funding through this 
solicitation will be implemented through a project grant, cooperative 
agreement, or interagency transfer.

DATES: Applications for funding under the CRP will be accepted upon 
publication of this document in the Federal Register and must be 
received by or postmarked by April 15, 2002. Applications received or 
postmarked after that time will not be considered for funding. 
Applications submitted via the U.S. Postal Service must have an 
official postmark; private metered postmarks are not acceptable. 
Applications delivered by a delivery service after the postmark date 
will be accepted for review if the applicant can document that the 
application was provided to the delivery service on or prior to the 
specified postmark cut-off date. In any event, applications received 
later than 15 business days following the closing date will not be 
accepted. No facsimile or electronic mail applications will be 
accepted.

ADDRESSES: Send applications to Christopher D. Doley, Director, NOAA 
Restoration Center, National Marine Fisheries Service, 1315 East West 
Highway (F/HC3), Silver Spring, MD 20910-3282; ATTN: CRP Project 
Applications.
    See SUPPLEMENTARY INFORMATION section under Electronic Access for 
additional information on the CRP and for application form information.

FOR FURTHER INFORMATION CONTACT: Robin J. Bruckner or Alison Ward, 
(301) 713-0174, or by e-mail at [email protected] or 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Program Description

    The CRP, a financial and technical Federal assistance program, 
promotes strong partnerships at the national, regional and local level 
to fund grass-roots, community-based activities that restore living 
marine resources and their habitats and promote stewardship and a 
conservation ethic for NOAA trust resources. NOAA trust resources are 
living marine resources that include commercial and recreational 
fishery resources (marine fish and shellfish and their habitats); 
anadromous species (fish, such as salmon and striped bass that spawn in 
freshwater and then migrate to the sea); endangered and threatened 
marine species and their habitats; marine mammals, turtles, and their 
habitats; marshes, mangroves, seagrass beds, coral reefs, and other 
coastal habitats; and resources associated with National Marine 
Sanctuaries and National Estuarine Research Reserves.
    The CRP's objective is to bring together citizen groups, public and 
nonprofit organizations, watershed groups, industry, corporations and 
businesses, youth conservation corps, students, landowners, and local 
government, state, and Federal agencies to cooperatively implement 
habitat restoration projects. Partnerships developed at national, 
regional and local levels contribute funding, land, technical 
assistance, workforce support or other in-kind services to promote 
citizen participation in the improvement of locally-important living 
marine resources, as well as develop local stewardship and monitoring 
activities to sustain and evaluate the success of the restoration.
    The CRP recognizes the significant role that communities can play 
in habitat restoration, and acknowledges that habitat restoration is 
often best implemented through technical and monetary support provided 
at a community level. Community-based restoration projects supported by 
the CRP are successful because they have significant local backing, 
depend upon citizens hands-on involvement, and typically involve NOAA 
technical assistance or oversight. The role of NOAA in the CRP is to 
help identify potential restoration projects, strengthen the 
development and implementation of sound restoration projects within 
communities, and develop long-term, ongoing national and regional 
partnerships to support community-based restoration efforts of living 
marine resource habitats across a wide geographic area. For more 
information on the CRP, see Electronic Access.

II. Authority

    The Secretary of Commerce is authorized under the Fish and Wildlife 
Coordination Act, 16 U.S.C. 661-666, to provide grants or cooperative 
agreements for fisheries habitat restoration.

III. Catalogue of Federal Domestic Assistance

    The CRP is described in the ``Catalogue of Federal Domestic 
Assistance,'' under program number 11.463, Habitat Conservation.

IV. Eligible Applicants

    Eligible applicants are institutions of higher education, 
hospitals, other non-profits, commercial organizations, organizations 
under the jurisdiction of foreign governments, international 
organizations, state, local and Indian tribal governments. Due to a 
significant

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increase in funding that became available to the CRP starting in FY 
2001, applications from Federal agencies will be considered. Although 
Federal agencies are eligible to apply under this solicitation, they 
are strongly encouraged to work with states, non-governmental 
organizations, national service clubs or youth corps organizations and 
others that are eligible to apply, rather than seeking project funding 
directly from the CRP. Proposals selected for funding from non-Federal 
applicants will be funded through a project grant or cooperative 
agreement under the terms of this document. Proposals selected for 
funding from a non-NOAA Federal agency will be funded through an 
interagency transfer.
    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 (MSI) 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 proposals for habitat restoration projects involving MSIs 
according to the criteria in this document.

V. Eligible Restoration Activities

    NOAA is interested in funding projects that will result in on-the-
ground restoration of habitat to benefit living marine resources, 
including anadromous fish species. Restoration is defined here as 
activities that contribute to the return of degraded or altered marine, 
estuarine, coastal and freshwater anadromous fish habitats to a close 
approximation of their condition prior to disturbance. Restoration may 
include, but is not limited to, improvement of coastal wetland tidal 
exchange or reestablishment of historic hydrology; dam or berm removal; 
improvement or reestablishment of fish passageway; natural or 
artificial reef/substrate/habitat creation; establishment of riparian 
buffer zones and improvement of freshwater habitat features that 
support anadromous fishes; planting of native coastal wetland and 
submerged aquatic vegetation; and enhancement of feeding, spawning and 
growth areas essential to marine or anadromous fish. NOAA recognizes 
that accomplishing restoration is a multi-faceted effort involving 
project design, engineering services, permitting, construction, 
oversight and monitoring.
    In general, proposed projects should clearly demonstrate 
anticipated benefits to habitats, such as salt marshes, seagrass beds, 
coral reefs, mangrove forests, and riparian habitat near rivers, 
streams and creeks used or formerly used by anadromous fish. Priorities 
for habitat restoration activities include: areas identified by NOAA 
Fisheries as essential fish habitat (EFH) and areas within EFH 
identified as Habitat Areas of Particular Concern; areas identified as 
critical habitat for federally or state listed marine and anadromous 
species; areas identified as important habitat for marine mammals and 
turtles; watersheds or such other areas under conservation management 
as special management areas under state coastal management programs; 
and other important commercial or recreational marine fish habitat, 
including degraded areas that historically were important habitat for 
living marine resources.
    To protect the Federal investment, projects on private lands need 
to provide assurance that the project will be maintained for its 
intended purpose for the life of the project. Projects on permanently 
protected lands may be given priority consideration.
    Projects must involve significant community support through an 
educational and/or volunteer component tied to the restoration 
activities. Implementation of on-the-ground habitat restoration 
projects must involve community outreach and monitoring to assess 
project success, and may involve limited pre-implementation activities, 
such as engineering and design and short-term baseline studies. 
Proposals emphasizing a singular restoration component, such as only 
outreach or program coordination are discouraged, as are applications 
that propose to expand an organization's day-to-day activities, or that 
primarily seek support for administration, salaries, overhead and 
travel. The CRP anticipates the availability of funds for high quality, 
quantitative monitoring projects to advance the science and technology 
of coastal and marine habitat restoration. Proposals emphasizing 
science-based monitoring of existing or simultaneously proposed CRP 
projects are encouraged.
    Although NOAA recognizes that water quality issues may impact 
habitat restoration efforts, this initiative is intended to fund 
physical habitat restoration projects rather than direct water quality 
improvement measures, such as wastewater treatment plant upgrades or 
combined sewer outfall improvements. Similarly, the following 
restoration projects will not be eligible for funding: (1) Activities 
that constitute legally required mitigation for the adverse effects of 
an activity regulated or otherwise governed by state or Federal law; 
(2) activities that constitute restoration for natural resource damages 
under Federal or state law, and (3) activities that are required by a 
separate consent decree, court order, statute or regulation. Funds from 
the CRP may be sought to enhance restoration activities beyond the 
scope legally required by these activities. As a matter of CRP policy, 
funding land purchase agreements and conservation easements will be a 
low priority.

VI. Funding Availability

    This solicitation announces that funding of up to $2,000,000 will 
be available for community-based habitat restoration projects in FY 
2002. The NOAA Restoration Center anticipates that typical project 
awards will range from $50,000 to $200,000; NOAA will not accept 
proposals for under $20,000 or proposals for over $250,000 under this 
solicitation. There is no guarantee that sufficient funds will be 
available to make awards for all proposals. The number of awards to be 
made as a result of this solicitation will depend on the number of 
eligible applications received, the amount of funds requested for 
initiating restoration projects by the applicants, the merit and 
ranking of the proposals, and the amount of funds made available to the 
CRP by Congress. The exact amount of funds that may be awarded will be 
determined in pre-award negotiations between the applicant and NOAA 
representatives. Publication of this document does not obligate NOAA to 
award any specific project or obligate all or any parts of any 
available funds.

VII. Matching Requirements

    The overall focus of the CRP is to provide seed money to individual 
projects that leverage funds and other contributions from a broad 
public and private sector to implement locally important habitat 
restoration to benefit living marine resources. To this end, applicants 
are encouraged to demonstrate a minimum 1:1 non-Federal match for CRP 
funds requested to complete the proposed project. NOAA strongly 
encourages applicants to leverage as much investment as possible; 
applicants with less than 1:1 match will not be disqualified.

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    For non-Federal applicants, the match can come from a variety of 
public and private sources and can include in-kind goods and services; 
cash match is highly encouraged. Federal funds may not be considered 
matching funds. Applicants are permitted to combine contributions from 
additional non-Federal partners in order to meet the 1:1 match 
expected. Applicants whose proposals are selected for funding will be 
bound by the percentage of cost sharing reflected in the award document 
signed by the NOAA Grants Officer.

VIII. Award Period

    Generally, the CRP will make awards only to those projects where 
requested funding will be used to complete proposed restoration 
activities, with the exception of post-construction monitoring, within 
a period of 18 months from the approved start date of the project. If 
an application is selected for funding, NMFS has no obligation to 
provide any additional prospective funding in connection with that 
award in subsequent years. Any subsequent proposal to continue work on 
an existing project must be submitted to the competitive process for 
consideration and will not receive preferential treatment. Renewal of 
an award to increase funding or to extend the period of performance is 
at the total discretion of NOAA.

IX. Electronic Access

    Information on the CRP, including examples of community-based 
habitat restoration projects that have been funded to date, can be 
found on the world wide web at http://www.nmfs.noaa.gov/habitat/restoration/community/index.html.
    The standard NOAA application forms and instructions for applicants 
are accessible through this web site, or they can be obtained from the 
NOAA Restoration Center (see ADDRESSES). Applicants are encouraged to 
contact the NOAA Restoration Center to request an application package 
that contains instructions for submitting NOAA standard grants 
applications and supplementary instructions specific to the NOAA 
Community-Based Restoration Program.

X. Application Process

    To submit a proposal, a complete NOAA standard grants application 
package should be filed in accordance with the guidelines in this 
document. Each application should include all specified sections as 
follows: Cover sheet-an applicant must use Office of Management and 
Budget (OMB) Standard Form 424 as the cover sheet for each project; 
budget detail (SF 424A and budget justification narrative); grant 
assurances SF424B and CD-511, and SF-LLL and CD-346 if applicable; and 
narrative project description (statement of work). Budgets should 
include a detailed breakdown by category of cost (object class) 
separated into Federal and non-Federal shares as they relate to 
specific aspects of the project, with appropriate justification for 
both the Federal and non-Federal shares.
    In general, applications should clearly demonstrate the broad-based 
benefits expected to specific habitats, and how these benefits will be 
achieved through the proposed restoration activities. The narrative 
project description should be no more than 10 double-spaced pages long, 
in 12-point font, and should give a clear presentation of the proposed 
work. It should identify the problems the project will address and 
describe short- and long-term objectives and goals, the methods for 
carrying out and monitoring the project, and the project's relevance to 
enhancing habitat to benefit living marine resources. The project 
narrative should describe the organizational structure of the applicant 
group, detail its qualifications, and identify proposed project staff; 
participants (project partners) other than the applicant, and their 
contributions should be identified. Applicants should indicate if the 
project has been submitted for funding consideration elsewhere, whether 
the funds requested are Federal or non-Federal, and what amount has 
been requested or secured from other sources. The need for assistance 
should be demonstrated, and the narrative should provide assurance that 
all necessary environmental permits and consultations will be secured 
prior to the use of Federal funds for construction. Applicants should 
not assume prior knowledge on the part of NOAA as to the relative 
merits of the project described in the application.
    Applications should not be bound in any manner and should be 
printed on one side only. All incomplete applications will be returned 
to the applicant. Three copies (including one signed original) of each 
application are required and must be submitted to the NOAA Restoration 
Center (see ADDRESSES). Applicants may opt to submit additional copies 
(seven are needed for reviewing purposes) if it does not cause a 
financial hardship. Applications for multiple projects submitted by the 
same applicant must be submitted in separate envelopes.

XI. Indirect Costs

    The budget may include an amount for indirect costs if the 
applicant has an established indirect cost rate with the Federal 
government. Indirect costs are essentially overhead costs for basic 
operational functions (e.g., lights, rent, water, insurance) that are 
incurred for common or joint objectives and therefore cannot be 
identified specifically within a particular project. For this 
solicitation, the Federal share of the indirect costs must not exceed 
the lesser of either the indirect costs the applicant would be entitled 
to if the negotiated Federal indirect cost rate were used or 25 percent 
of the direct costs proposed. For those situations in which the use of 
the applicant's indirect cost rate would result in indirect costs 
greater than 25 percent of the Federal direct costs, the difference may 
be counted as part of the non-Federal share. A copy of the current, 
approved negotiated indirect cost agreement with the Federal Government 
should be included with the application. If the applicant does not have 
a current negotiated rate and plans to seek reimbursement for indirect 
costs, documentation necessary to establish a rate must be submitted 
within 90 days of receiving an award.

XII. Project Selection Process

    Applications will be screened by CRP staff to determine if they are 
eligible, complete and in accordance with instructions detailed in the 
standard NOAA Grants Application Package. Eligible restoration 
proposals will undergo a technical review, ranking, and selection 
process. As appropriate during this process, the NOAA Restoration 
Center will solicit individual technical evaluations of each project 
proposed and may request evaluations from other NOAA offices, the NOAA 
Grants Management Division, the U.S. Department of Commerce, the 
Regional Fishery Management Councils, other Federal and state agencies, 
such as state coastal management agencies and state fish and wildlife 
agencies, and private and public sector restoration experts who have 
knowledge of a specific applicant, program or its subject matter. 
Proposals also will be reviewed by NOAA regional and headquarters staff 
to determine how well applications meet the stated aims of the CRP, and 
how well the proposal meets the goals of the NOAA RC.
    Applications for habitat restoration projects will be evaluated by 
individual technical reviewers, including those mentioned in the above 
paragraph, according to the criteria and weights described in this 
solicitation. The proposals will be rated, and reviewer comments and 
composite project ranks will be presented to the Director of the

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NOAA Restoration Center (Director). The Director, in consultation with 
CRP staff, will consider the evaluations and may take into account the 
following: (a) Diversity of geographic location and habitat types to be 
restored; (b) diversity of applicants; (c) degree of duplication of 
proposed activities with other projects that are currently in effect or 
approved for funding by NOAA and other Federal agencies; (d) factors 
that may not be known by technical reviewers that would affect 
achievement of the CRP's objectives as described in this announcement 
and the CRP Guidelines (65 FR 16890, March 30, 2000); and (e) the 
availability of funds. Hence, awards may not necessarily be made to the 
highest scored proposals. The Director, in consultation with CRP staff, 
will select the proposals to be recommended to the Grants Management 
Division for funding and determine the amount of funds available for 
each approved proposal. Unsuccessful applicants will be notified in 
writing that their proposal was not among those selected for funding, 
and unsuccessful applications will be kept on file until the close of 
the current fiscal year then destroyed.
    Successful applicants may be asked to modify objectives, work 
plans, or budgets prior to final approval of an award. The exact amount 
of funds to be awarded, the final scope of activities, the project 
duration, and specific NOAA cooperative involvement with the activities 
of each project will be determined in pre-award negotiations among the 
applicant, the NOAA Grants Office, and the NOAA CRP staff. Projects 
should not be initiated in expectation of Federal funding until a 
notice of award document is received from the NOAA Grants Office.
    Successful applicants generally will be selected approximately 60 
days after the close of this solicitation. The earliest date for 
receipt of awards will be approximately 120 days after the close of 
this solicitation, when all NOAA/applicant negotiations of cooperative 
activities have been completed. Applicants should consider this 
selection and processing time in developing requested start dates for 
proposed restoration activities.

XIII. Evaluation Criteria

    Reviewers will assign scores to proposals ranging from 0 to 60 
points based on the following four evaluation criteria and respective 
weights.

(1) Potential of the Project to Benefit Living Marine Resources (15 
points)

    Proposals will be evaluated on the extent of proposed habitat 
restoration activities and the type(s) of habitat(s) that will be 
restored. In particular, NOAA will evaluate proposals based on the 
amount and type of habitat proposed for restoration and the potential 
of the applicant to restore, protect, conserve, and enhance habitats 
and ecosystems vital to self-sustaining populations of living marine 
resources under NOAA Fisheries stewardship; whether the habitat(s) to 
be restored will benefit commercial, recreational, threatened or 
endangered species; whether the proposal addresses a priority habitat, 
restoration need, special consideration, or is part of a watershed or 
community stewardship plan; whether the effects of restoration are 
expected to persist; and whether the proposed project will complement 
or encourage other local restoration activities. Proposals for science-
based monitoring of existing or simultaneously proposed CRP projects 
will be evaluated on the extent to which the potential results advance 
restoration methods, techniques and project implementation.

(2) Technical Merit and Adequacy of Project Implementation Plan (15 
points)

    Proposals will be evaluated on the technical feasibility of the 
project from both biological and engineering perspectives, and on the 
qualifications and past experience of the project leaders and/or 
partners in designing, implementing and effectively managing and 
overseeing projects. Communities and/or organizations developing their 
first locally-driven restoration project may not be able to document 
past experience and, therefore, will be evaluated on the basis of their 
potential to effectively manage and oversee all project phases and on 
the availability of NOAA or other technical expertise to guide the 
project to a successful completion.
    Proposals also will be evaluated on the adequacy of the 
implementation plan and the applicant's ability to: deliver the 
restoration objective stated in the proposal; demonstrate that the 
restoration activity will result in tangible benefits and will be 
sustainable and long-lasting; provide for long-term management of the 
restored resource, including adequate monitoring and a method for 
evaluating project success; and provide assurance that implementation 
of the project will meet all Federal and state environmental laws by 
obtaining or proceeding to obtain applicable permits and consultations. 
Projects on permanently protected lands may be given priority 
consideration.

(3) Community Commitment and Partnership Development (15 points)

    Proposals will be evaluated on activities proposed to involve 
citizens and broaden their participation in habitat restoration or 
science-based monitoring and the depth and breadth of community 
support, as reflected by the diversity and strength of project 
partners. Community participation may include: (a) hands-on training, 
restoration and monitoring activities undertaken by volunteers; (b) 
sponsorship by local entities, either through in-kind goods and 
services (earth-moving services, technical expertise, conservation 
easements) or cash contributions; (c) public education and outreach; 
(d) support from state and local governments; and (e) ability to 
achieve long-term stewardship for restored resources and to generate a 
community conservation ethic.

(4) Cost-effectiveness and Budget Justification (15 points)

    Proposals will be evaluated on the percentage of funds that will be 
dedicated to all phases of project implementation including physical, 
on-the-ground restoration and/or science-based monitoring, compared to 
the percentage that is for administration, salaries, overhead and 
travel. Applications proposing to use restoration funds to expand an 
organization's day-to-day activities are unlikely to obtain a high 
score under this criterion. To encourage on-the-ground restoration, 
funding for salaries must be used to support staff directly involved in 
accomplishing the restoration work. Proposals also will be evaluated on 
the need for funding and the overall leverage of NOAA funds 
anticipated, including the amount of cash match; the potential for, or 
demonstrated NOAA involvement in, the project; the ability to which the 
proposed project is likely to catalyze future restoration and 
protection of living marine resources; and the ability of the applicant 
to demonstrate that a significant benefit will be generated for a 
reasonable cost. NOAA will expect cost-sharing to leverage funding and 
to further encourage partnerships among government, industry, and 
academia.

XIV. Allowable Costs

    Funds awarded cannot necessarily pay for all the costs that the 
recipient might incur in the course of carrying out the project. 
Generally, costs that are allowable include salaries, equipment, 
supplies, and training, as long as these are ``necessary and 
reasonable.'' Allowable costs are determined by

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reference to the OMB Circulars A-122, ``Cost Principles for Non-profit 
Organizations''; A-21, ``Cost Principles for Education Institutions''; 
A-87, ``Cost Principles for State, Local and Indian Tribal 
Governments''; and Federal Acquisition Regulation, codified at 48 Code 
of Federal Regulations, subpart 31.2 ``Contracts with Commercial 
Organizations.''

XV. Other Requirements

    The Department of Commerce Pre-Award Notification Requirements for 
Grants and Cooperative Agreements contained in the Federal Register 
notice of October 1, 2001 (66 FR 49917), will be applicable to this 
solicitation. However, please note that the Department of Commerce will 
not implement the requirements of Executive Order 13202 (66 FR 49921), 
pursuant to guidance issued by the Office of Management and Budget in 
light of a court opinion which found that the Executive Order was not 
legally authorized. See Building and Construction Trades Department v. 
Allbaugh, 172 F. Supp. 2d 138 (D.D.C. 2001). This decision is currently 
on appeal. When the case has been finally resolved, the Department will 
provide further information on implementation of Executive Order 13202.
    Applications under this program are subject to the provisions of 
Executive Order 12372, ``Intergovernmental Review of Federal 
Programs.''

Classification

    Prior notice and an opportunity for public comment are not required 
by the Administrative Procedure Act or by any other law for this 
document concerning grants, benefits, and contracts. Accordingly, a 
regulatory flexibility analysis is not required by the Regulatory 
Flexibility Act.
    The CRP will determine National Environmental Policy Act compliance 
on a project by project basis.
    This action has been determined to be not significant for purposes 
of Executive Order 12866.
    The use of the standard NOAA grants application package referred to 
in this notice involves collection-of-information requirements subject 
to the Paperwork Reduction Act. The use of Standard Forms 424, 424A, 
424B, and SF-LLL have been approved by OMB under the respective control 
numbers 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.

    Dated: February 6, 2002.
John Oliver,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 02-3376 Filed 2-11-02; 8:45 am]
BILLING CODE 3510-22-S