[Federal Register Volume 67, Number 64 (Wednesday, April 3, 2002)]
[Notices]
[Pages 15795-15800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-8081]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[Docket No. 020314060-2060-01; I.D. 022502B]
RIN 0648-ZB15


Financial Assistance for Research and Development Projects in 
Chesapeake Bay to Strengthen, Develop and/or Improve the Stock 
Conditions of the Chesapeake Bay Fisheries

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

ACTION: Notice of availability of funds.

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SUMMARY: A total of up to $1,400,000 in Fiscal Year (FY) 2002 funds is 
available through the NOAA/NMFS Chesapeake Bay Office to assist in 
carrying out research and development projects that address various 
aspects of Chesapeake Bay fisheries (commercial and recreational), 
including coastal and estuarine research, monitoring, modeling, and 
assessment; fisheries research and stock assessments; data management; 
and, multiple species interactions through cooperative agreements. 
About $750,000 of the base amount is available to initiate new projects 
in FY 2002, as described in this announcement. It is the intent of the 
NOAA Chesapeake Bay Office to continue with several existing 
relationships and to make awards through this program for projects 
pending acceptable scientific review. These projects include the 
multispecies monitoring programs. NMFS issues this document to set 
forth instructions on how to apply for financial assistance, and how 
NMFS will determine which applications will be selected for funding.

DATES: Applications for funding under this program must be received by 
5 p.m. eastern daylight savings time on May 3, 2002. Applications 
received after that time will not be considered for funding. 
Applications will not be accepted electronically nor by facsimile 
machine submission.

ADDRESSES: You can obtain an application package from, and send 
completed applications to: Derek Orner, National Marine Fisheries 
Service, NOAA Chesapeake Bay Office, 410 Severn Avenue, Suite 107A, 
Annapolis, MD 21403. You can also obtain the application package from 
the Chesapeake Bay Fisheries Research Program Home Page http://noaa.chesapeakebay.net/cbfrp

FOR FURTHER INFORMATION CONTACT: Mr. Derek Orner, National Marine 
Fisheries Service, NOAA Chesapeake Bay Office, 410/267-5660; or e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    A. Authority. The Fish and Wildlife Act of 1956, as amended, at 16 
U.S.C. 753a, authorizes the Secretary of Commerce (Secretary), for the 
purpose of developing adequate, coordinated, cooperative research and 
training programs for fish and wildlife resources, to continue to enter 
into cooperative agreements with colleges and universities, with game 
and fish departments of the several states, and with non-profit 
organizations relating to cooperative research units. The Secretary of 
Commerce is authorized under the Fish and Wildlife Coordination Act, 16 
U.S.C. 661-666c, to provide assistance to, and cooperate with, Federal, 
State, and public or private agencies and organizations in the 
development, protection, rearing, and stocking of fisheries, resources 
thereof, and for fisheries habitat restoration. The Departments of 
Commerce (DOC), Justice, State, the Judiciary, and Related Agencies 
Appropriations Act of 2002 makes funds available to the Secretary.
    B. Catalog of Federal Assistance (CFDA). The Chesapeake Bay 
Fisheries Research Program is listed in the ``Catalog of Federal 
Domestic Assistance'' under number 11.457, entitled Chesapeake Bay 
Studies.
    C. Program Description. The Chesapeake Bay Stock Assessment

[[Page 15796]]

Committee (CBSAC) was established in 1985 to plan and review Baywide 
resource assessments, coordinate relevant actions of state and Federal 
agencies, report on fisheries status and trends, and determine, fund 
and review research projects. The program implements a Baywide plan for 
the assessment of commercially, recreationally, and selected 
ecologically important species in the Chesapeake Bay. In 1988, CBSAC 
developed a Baywide Stock Assessment Plan, in response to provisions in 
the Chesapeake Bay Agreement of 1987. The Plan identified that key 
obstacles to assessing Bay stocks was the lack of consistent, Baywide, 
fishery-dependent and fishery-independent data. Research projects 
funded since 1988 have focused on developing and improving fishery-
independent surveys and catch statistics for key Bay species, such as 
striped bass, oysters, blue crabs and alosids. Stock assessment 
research is essential, given the recent declines in harvest and 
apparent stock condition for many of the important species of the 
Chesapeake Bay. The Fisheries Steering Committee was established in 
2001 to guide the various Chesapeake Bay fisheries' issues including 
management and research.
    D. Funding Availability. This document describes how interested 
persons can apply for funding under the Chesapeake Bay Fisheries 
Research Program, and how funding decisions will be made.
    This solicitation announces that funding of up to $1,400,000 may be 
available through the Chesapeake Bay Fisheries Research Program. This 
announcement does not guarantee that sufficient funds will be available 
to make awards for all selected applications submitted under this 
program.

II. Funding Priorities

    Proposals should exhibit familiarity with related work that is 
completed or ongoing. Where appropriate, proposals should be multi-
disciplinary. Coordinated efforts involving multiple eligible 
applicants or persons are encouraged. Proposals must address one of the 
priorities listed here. If the proposal addresses more than one 
priority, it should list first on the application the priority that 
most closely reflects the objective of the proposals.
    (A) Stock Assessment Research. Consideration for funding will be 
given to applications that address the following stock assessment 
research and management priorities for the Chesapeake Bay. These 
priorities are not listed in any particular order:
    (1) Assessments of the abundance, productivity, distribution, and 
exploitation patterns of important Chesapeake Bay finfish and shellfish 
resources. Proposals may include research on life history 
characteristics, stock-recruitment relationships, and schedules of 
vital rates. Descriptions of stock structure, demographics and spatial 
distribution would also be appropriate. It is anticipated that 
proposals will combine analyses of existing fishery-dependent and 
fishery-independent data.
    (2) Development and/or implementation of a program to provide a 
reliable data base for estimating the impact of recreational fishing on 
living marine resources in Chesapeake Bay. Projects should:
    a. Conduct a review of the work previously conducted on the 
development of methods for conducting a Baywide recreational survey;
    b. Implement on a Baywide scale based on earlier work (if 
applicable);
    c. Provide reliable estimates of recreational catch, fishing 
effort, catch rates, size composition, and sex ratios for all 
components of the recreational fishery.
    (3) Blue Crab Stock Assessment Analyses
    a. Analyses which may corroborate the results of the length-based 
estimates of fishing mortality rates (current estimates based on 120 mm 
or greater carapace width) and investigations into the relative 
exploitation rates on peeler size blue crabs.
    b. Analyses of the trends in relative exploitation rates on blue 
crab, according to major gear types used in the commercial fishery.
    c. Develop methods for estimation of Baywide commercial fishing 
effort and conduct a pilot study to test the methods.
    d. Design and develop an integrated Baywide blue crab mark and 
recapture study that will provide information on growth, natural 
mortality, fishing mortality, size selectivity, catchability, reporting 
rates and the distribution of harvest among the fisheries. Results 
should be informative with respect to the reproductive frequency of 
female crabs, and longevity.
    (4) Improvement or implementation of the collection of fishery-
dependent data within Chesapeake Bay. Projects can involve either the 
commercial and/or recreational components of the fishery. Projects 
should focus on collecting biological data (size, sex, age, diet), and 
catch and effort data from Baywide harvests of significant finfish and 
shellfish fisheries to provide accurate, statistically representative 
information on the spatial and temporal characteristics of the harvest. 
Proposals may involve designs for port-sampling of landings, or on-
board analysis of the catch, analysis of intercepts and telephone 
surveys. Proposals that document information on by-catch and discard 
mortality would be relevant and are encouraged.
    The proposals should recognize current efforts to collect 
biological data from Bay fisheries and attempt to define the optimal, 
regional (Maryland, Potomac River Fisheries Commission, and Virginia 
jurisdictions) sampling program.
    (5) Improvement and/or implementation of Chesapeake Bay fisheries 
database tools (including oracle database systems and web-based public 
access) for the various fishery-dependent and fishery-independent data 
currently and historically available in Chesapeake Bay. Proposals are 
encouraged to coordinate with the Atlantic Coastal Cooperative 
Statistics Program (ACCSP) and/or the Northeast Area Monitoring 
Assessment Program (NEAMAP) activities.
    (B) Multispecies Management and Research. The Chesapeake Bay is a 
complex and dynamic ecosystem that supports many fisheries that are 
economically important both regionally and nationally. To date, these 
resources have been managed on a single species basis. While the single 
species approach has served us well, the existence of both biological 
and technical (by-catch) interactions in most Chesapeake Bay fisheries 
point to the need to move toward a wider, multispecies perspective. 
This viewpoint was wholeheartedly endorsed at a workshop of regional, 
national and international scientists held to address the potential 
utility of multispecies approaches to fisheries management in the 
Chesapeake Bay (STAC Publication 98-002, www.chesapeake.org). The 
ultimate objective of this research and monitoring is to lead to the 
development of an ecosystem plan for Chesapeake Bay fisheries, within 
which the rational exploitation of individual species can be 
determined.
    Consideration for funding will be given to applications that 
address the following multispecies management and research priorities 
for the Chesapeake Bay. Priorities are not listed in any implied order:
    (1) Fishery-independent Surveys. Plan, develop and conduct 
coordinated Baywide surveys to regularly estimate species abundances, 
trends and biological characteristics (e.g., age/size structure, 
recruitments, growth and mortality rates, food habitats) for

[[Page 15797]]

economically and ecologically important key species. Proposals within 
this task should:
    a. Review and assess existing fishery independent sampling programs 
conducted by regional agencies to evaluate their potential 
applicability to the Chesapeake Bay. This may include evaluation of the 
use of fixed and random sampling protocols, with or without 
stratification, and the sampling characteristics of different gear 
types.
    b. Develop and initiate a Baywide, coordinated, fishery-independent 
survey that may include multiple gear, such as benthic and midwater 
trawling, and hydroacoustics to characterize the status and trends in 
the abundance, distribution and characteristics of key Chesapeake Bay 
finfish and shellfish.
    (2) Retrospective Analyzes. Document and quantify multispecies 
interactions among economically and ecologically important finfish and 
shellfish within the Chesapeake Bay. The proposed work should lead to 
the identification of the `strong' interactions within the Chesapeake 
Bay fisheries system. Work may involve analysis of commercial and 
recreational catch and effort data, the analysis of the patterns of 
diets and energy flows within the fisheries system, or multivariate 
analyses of abundance relationships within the fisheries system and 
their relationship to environmental and habitat characteristics.
    (3) Multispecies Assessment / Ecosystem Modeling. Apply and assess 
alternative multispecies fisheries models to the Chesapeake Bay 
fisheries systems. The submitted proposal should detail the development 
of a multispecies or ecosystem model focusing on core Chesapeake Bay 
species. Examples of possible approaches include, but are not limited 
to: multispecies biomass dynamic, multispecies yield per recruit, 
multispecies virtual population analysis, multispecies bioenergetics, 
spatial-physical predator-prey, trophic production and ecosystem 
simulation models. Model approaches should seek to predict constraints 
and patterns in the fisheries production of the Chesapeake Bay system.
    (C) Fisheries Ecosystem Plan (FEP) Research and Implementation. The 
NOAA Chesapeake Bay Office has initiated development of an FEP for 
Chesapeake Bay. An FEP is an umbrella document containing information 
on the structure and function of the ecosystem in which fishing 
activities occur, so that managers can be aware of the effects their 
decisions have on the ecosystem, and the effects other components of 
the ecosystem may have on fisheries. Development of FEPs for each major 
ecosystem was recommended by the NMFS appointed Ecosystem Principles 
Advisory Panel which was formed under a mandate by the Sustainable 
Fisheries Act of 1996. (See the Panel's Report to Congress at: http://www.nmfs.noaa.gov/sfa/EPAPrpt.pdf.) The initial FEP will reflect the 
existing state of knowledge about the Chesapeake Bay ecosystem. 
Effective FEP implementation, however, and ultimate success of the 
Bay's FEP initiative, will require new research to characterize 
critical components of the ecosystem. The total value of the proposals 
selected for funding under this priority cannot exceed $100,000 of the 
base amount. Priorities are not listed in any particular order.
    (1) Design and implementation of surveys to identify habitats, 
spawning areas, and feeding grounds for significant Chesapeake Bay 
species.
    (2) Promote a higher level of understanding of the relationships 
between fisheries, the ecosystem, society and the environment. 
Proposals may include:
    a. Improving the understanding of the `multiple pathways' that can 
affect managed species and members of their significant food webs. 
Pathways might include (but are not limited to): the effects of habitat 
degradation and restoration, influences of the spatial arrangement of 
habitats, effects of environmental fluctuations or climate change, and 
the impact of changes in predator-prey relationships.
    b. Characterizing uncertainty in key parameters used to support 
fisheries management decisions. This should include the ability to show 
the risks associated with the estimated uncertainty.
    c. Describing the social and economic drivers of both commercial 
and recreational sectors of the Chesapeake Bay fishing industry.
    d. Determining the relevance of existing, or proposed, indicators 
of ecosystem health (especially to meet the objective of linking 
fisheries and human health to the supporting Chesapeake Bay ecosystem).

III. How to Apply

    A. Eligible applicants. Eligible applicants are institutions of 
higher education, hospitals, other nonprofits, commercial 
organizations, foreign governments, organizations under the 
jurisdiction of foreign governments, international organizations, 
state, local and Indian tribal governments. Federal agencies or 
institutions are not eligible to receive Federal assistance under this 
notice.
    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 
all applicants to include meaningful participation of MSIs.
    B. Duration and terms of funding. Under this solicitation, NMFS 
will fund Chesapeake Bay Fisheries Research Projects as 12 month 
cooperative agreements. The cooperative agreement has been determined 
to be the appropriate funding instrument because of the substantial 
involvement of NMFS in:
    1. Developing program research priorities;
    2. Evaluating the performance of the program for effectiveness in 
meeting regional goals for Chesapeake Bay stock assessments;
    3. Monitoring the progress of each funded project;
    4. Holding periodic workshops with investigators; and
    5. Working with recipients to prepare annual reports summarizing 
current accomplishments of the Chesapeake Bay Stock Assessment 
Committee.
    Project dates should be scheduled to begin no later than 1 October 
2002. Cooperative agreements are approved on an annual basis but may be 
considered eligible for continuation beyond the first project and 
budget period subject to the approved scope of work, satisfactory 
progress, and availability of funds at the total discretion of NMFS. 
However, there are no assurances for such continuation. Publication of 
this document does not obligate NMFS to award any specific cooperative 
agreement or to obligate any part of the entire amount of funds 
available.
    C. Cost-sharing requirements. Applications must reflect the total 
budget necessary to accomplish the project, including contributions 
and/or donations. Cost-sharing is not required by the Chesapeake Bay 
Fisheries Research Program but is encouraged.
    D. Format. 1. Applications for project funding must be complete and 
must

[[Page 15798]]

follow the format described in this document.
    Applicants must identify the specific research priority or 
priorities to which they are responding. If the proposal addresses more 
than one priority, it should list first on the application the priority 
that most closely reflects the objective of the proposals. For 
applications containing more than one project, each project component 
must be identified individually using the format specified in this 
section. If an application is not in response to a priority, it should 
so state. Applicants should not assume prior knowledge on the part of 
NMFS as to the relative merits of the project described in the 
application.
    Applications must not be bound and must be one-sided. All 
incomplete applications will be returned to the applicant. Applicants 
are required to submit 1 signed original and 2 copies of the proposal.
    2. Applications must be submitted in the following format:
    (a) Cover sheet: An applicant must use OMB Standard Form 424 
(revised 7/97) as the cover sheet for each project. Applicants may 
obtain copies of these forms from the NOAA Grants Management Division, 
the NOAA Chesapeake Bay Office (see ADDRESSES) from the NOAA Grants 
website, http://www.rdc.noaa.gov/grants/.
    (b) Project summary: It is recommended that each proposal contain a 
summary of not more than one page that provides the following:
    (1) Project title.
    (2) Project status (new vs. continuation).
    (3) Project duration (beginning and ending dates).
    (4) Name, address, and telephone number of applicant.
    (5) Principal Investigator(s) (PI).
    (6) Project objectives.
    (7) Summary of work to be performed.
    (8) Total Federal funds requested.
    (9) Cost-sharing to be provided from non-Federal sources, if any. 
Specify whether contributions are project-related cash or in-kind.
    (10) Total project cost.
    (c) Project description (including results from prior support): 
Each project must be completely and accurately described. The main body 
of the proposal should be a clear statement of the work to be 
undertaken and should include: specific objectives and performance 
measures for the period of the proposed work and the expected 
significance; relation to longer-term goals of the PI's project; and 
relation to other work planned, anticipated, or underway under Federal 
Assistance. The project description must not exceed 15 pages in length. 
Visual materials, including charts, graphs, maps, photographs and other 
pictorial presentations are not included in the 15-page limitation. If 
an application is awarded, NMFS will make all portions of the project 
description available to the public for review; therefore, NMFS cannot 
guarantee the confidentiality of any information submitted as part of 
any project, nor will NMFS accept for consideration any project 
requesting confidentiality of any part of the project.
    Each project must be described as follows:
    (1) Identification of problem(s): Describe the specific problem to 
be addressed (see section II above).
    (2) Project objectives: The project description must identify the 
following three project objectives: (1) Identify the specific priority 
listed earlier in the solicitation to which the proposed projects 
respond, if any. (2) Identify the problem/opportunity you intend to 
address and describe its significance to the fishing community. (3) 
State what you expect the project to accomplish.
    If you are applying to continue a project previously funded under 
the Chesapeake Bay Fisheries Research Program, describe in detail your 
progress to date and explain why you need additional funding.
    Objectives should be:
    (a) Simple and easily understandable.
    (b) As specific and quantitative as possible.
    (c) Clear with respect to the ``what and when '' and should avoid 
the ``how and why.''
    (d) Attainable within the time, money, and human resources 
available.
    (e) Use action verbs that are accomplishment oriented.
    (f) Identify specific performance measures.
    (3) Results from Prior Chesapeake Bay Fisheries Research Support: 
If any PI or co-PI identified on the project has received Chesapeake 
Bay Fisheries Research (CBSAC) support in the past 5 years, information 
on the prior award(s) is required. The following information must be 
provided:
    (a) The NOAA award number, amount and period of support;
    (b) The title of the project;
    (c) Summary of the results of the completed work, including, for a 
research project, any contribution to the development of human 
resources in science/biology;
    (d) Publications resulting from the award;
    (e) Brief description of available data, samples, physical 
collections and other related research products not described 
elsewhere; and
    (f) If the proposal is for renewed support, a description of the 
relation of the completed work to the proposed work.
    (4) Need for Government financial assistance: Demonstrate the need 
for assistance. Any appropriate database to substantiate or reinforce 
the need for the project should be included. Explain why other funding 
sources cannot fund all the proposed work. List all other sources of 
funding that are or have been sought for the project.
    (5) Benefits or results expected: Identify and document the results 
or benefits to be derived from the proposed activities.
    (6) Project statement of work: The Statement of Work is the 
scientific or technical action plan of activities that are to be 
accomplished during each budget period of the project. This description 
must include the specific methodologies, by project job activity, 
proposed for accomplishing the proposal's objective(s).
    Investigators submitting proposals in response to this announcement 
are strongly encouraged to develop inter-institutional, inter-
disciplinary research teams in the form of single, integrated proposals 
or as individual proposals that are clearly linked together. Such 
collaborative efforts will be factored into the final funding decision.
    Each Statement of Work must include the following information:
    (a) The applicant's name.
    (b) The inclusive dates of the budget period covered under the 
Statement of Work.
    (c) The title of the proposal.
    (d) The scientific or technical objectives and procedures that are 
to be accomplished during the budget period. A detailed set of 
objectives and procedures to answer who, what, how, when, and where. 
The procedures must be of sufficient detail to enable competent workers 
to be able to follow them and to complete scheduled activities.
    (e) Location of the work.
    (f) A list of all project personnel and their responsibilities.
    (g) A milestone table that summarizes the procedures (from item 
III.D.2.c(5)(d)) that are to be attained in each project month covered 
by the Statement of Work. Table format should follow sequential month 
rather than calendar month (i.e. Project period Month 1, Month 2... 
versus October, November ...)
    (7) Federal, state and local government activities: List any 
programs (Federal, state, or local government or activities, including 
Sea Grant, state Coastal Zone Management Programs, NOAA Oyster Disease 
Research

[[Page 15799]]

Program, the state/Federal Chesapeake Bay Program, etc.) this project 
would affect and describe the relationship between the project and 
those plans or activities.
    (8) Project management: Describe how the project will be organized 
and managed. Include resumes of principal investigators. List all 
persons directly employed by the applicant who will be involved with 
the project. If a consultant and/or subcontractor is selected prior to 
application submission, include the name and qualifications of the 
consultant and/or subcontractor and the process used for selection.
    (9) Monitoring of project performance: Identify who will 
participate in monitoring the project.
    (10) Project impacts: Describe how these products or services will 
be made available to the fisheries and management communities.
    (11) Evaluation of project: The applicant is required to provide an 
evaluation of project accomplishments and progress towards the project 
objectives and performance measures at the end of each budget period 
and in the final report. The application must describe the methodology 
or procedures to be followed to determine technical feasibility, or to 
quantify the results of the project in promoting increased production, 
product quality and safety, management effectiveness, or other 
measurable factors.
    (12) Total project costs: Total project costs is the amount of 
funds required to accomplish what is proposed in the Statement of Work, 
and includes contributions and donations. All costs must be shown in a 
detailed budget. A standard budget form (SF-424A) is available from the 
offices listed and on the internet (see ADDRESSES). NMFS will not 
consider fees or profits as allowable costs for grantees. Additional 
cost detail may be required prior to a final analysis of overall cost 
allowability, allocability, and reasonableness. The date, period 
covered, and findings for the most recent financial audit performed, as 
well as the name of the audit firm, the contact person, and phone 
number and address, must be also provided.
    (d) Supporting documentation: Provide any required documents and 
any additional information necessary or useful to the description of 
the project. The amount of information given in this section will 
depend on the type of project proposed, but should be no more than 20 
pages. The applicant should present any information that would 
emphasize the value of the project in terms of the significance of the 
problems addressed. Without such information, the merits of the project 
may not be fully understood, or the value of the project may be 
underestimated. The absence of adequate supporting documentation may 
cause reviewers to question assertions made in describing the project 
and may result in lower ranking of the project. Information presented 
in this section should be clearly referenced in the project 
description.

IV. Review Process and Criteria

    A. Initial Evaluation of Applications. Applications will be 
reviewed by NOAA to assure that they meet all requirements of this 
announcement, including eligibility and relevance to the Chesapeake Bay 
Fisheries Research Program. Proposals that do not support the technical 
and management priorities of the Chesapeake Bay, as defined in section 
II. above will not be considered for funding.
    B. Consultation with Experts in the Field of Stock Assessment and 
Fisheries Research. For applications meeting the requirements of this 
solicitation, NMFS will conduct an individual technical evaluation (via 
mail/electronic mail) of each project. This review normally will 
involve experts from both NOAA and non-NOAA organizations. All comments 
submitted to NMFS will be taken into consideration in the technical 
evaluation of projects. Reviewers will be asked to score and comment 
based on the following four criteria (total of 50 possible points):
    1. Problem description and conceptual approach for resolution, 
especially the applicant's comprehension of the problem(s), familiarity 
with related work that is completed or ongoing, and the overall concept 
proposed to resolve the problem(s) (15 points).
    2. Soundness of project design/technical approach, especially 
whether the applicant provided sufficient information to technically 
evaluate the project and, if so, the strengths and weaknesses of the 
technical design proposed for problem resolution (20 points).
    3. Project management and experience and qualifications of 
personnel, including organization and management of the project, and 
the personnel experience and qualifications (5 points).
    4. Justification and allocation of the budget in terms of the work 
to be performed (10 points).
    C. Review Panel. NMFS will convene a review panel consisting of at 
least three regional experts (both NOAA and non-NOAA panelists) in the 
scientific and management aspects of fisheries research.
    Each individual panel member will:
    1. Provide independent review based on the same criteria and 
scoring as the technical review.
    2. Provide a numerical ranking of all submitted proposals and 
suggestions for modifications (i.e., budget, personnel, technical 
approach, etc.).
    The review panel will collectively:
    1. Discuss all review comments as a panel incorporating the 
evaluation provided by the technical reviewers.
    D. Funding Decision. After applications have been evaluated and 
ranked numerically by the review panel, the Director of the NOAA/NMFS 
Chesapeake Bay Office, in consultation with the Assistant Administrator 
(AA) for Fisheries, NOAA, will determine the projects to be recommended 
for funding based upon the technical evaluations and panel review 
comments, and determine the amount of funds available for the program. 
Numeric ranking will be the primary consideration for deciding which of 
the proposals will be selected for funding. In making the final 
selections, NOAA/NMFS may consider costs, geographical distribution, 
inter-jurisdictional and inter-institutional collaboration and 
duplication with other federally funded projects. Accordingly, 
numerical ranking is not the sole factor in deciding which proposals 
will be selected for funding. The Director of the NOAA/NMFS Chesapeake 
Bay Office will prepare a written justification for any recommendations 
for funding that fall outside the ranking order, or for any cost 
adjustments. The exact amount of funds awarded to each project will be 
determined in preaward negotiations between the applicant, the Grants 
Office, and the NOAA/NMFS Chesapeake Bay Office staff. Potential 
grantees should not initiate projects in expectation of Federal funding 
until an award document signed by an authorized NOAA official has been 
received.
    E. Applications not selected for funding will be held in the 
Program Office for a period of at least 12 months.

V. Administrative Requirements

    A. Obligations of the applicant. Periodic Workshops--Investigators 
will be expected to prepare for and attend one or two workshops with 
other Fisheries Research Program researchers to encourage 
interdisciplinary dialogue and collaboration.
    B. Other requirements. 1. Indirect Cost Rates--The budget may 
include an amount for indirect costs if the applicant has an 
established indirect cost rate with the Federal government. Regardless 
of any approved indirect cost

[[Page 15800]]

rate applicable to the award, the maximum dollar amount of allocable 
indirect costs for which the Department of Commerce will reimburse the 
recipient shall be the lesser of the line item amount for the Federal 
share of indirect costs contained in the approved budget of the award, 
or the Federal share of the total allocable indirect costs of the award 
based on the indirect cost rate approved by an oversight or cognizant 
Federal agency and current at the time the cost was incurred, provided 
the rate is approved on or before the award end date. However, the 
Federal share of the indirect costs may not exceed 25 percent of the 
total proposed direct costs for this Program. Applicants with indirect 
costs above 25 percent may use the amount above the 25 percent level as 
cost sharing. 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.
    2. 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), are 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.
    3. Financial Management Certifications/preaward Accounting Survey--
Successful applicants, at the discretion of the NOAA Grants Officer, 
may be required to have their financial management systems certified by 
an independent public accountant as being in compliance with Federal 
standards specified in the applicable Office of Management and Budget 
(OMB) Circulars prior to execution of the award. Any first-time 
applicant for Federal grant funds may be subject to a preaward 
accounting survey by the DOC specified in the applicable OMB Circulars/
Code of Federal Regulations prior to execution of the award.

Classification

    This action has been determined to be ``not significant'' for 
purposes of Executive Order 12866.
    Applications under this program are subject to Executive Order 
12372, ``Intergovernmental Review of Federal Programs.''
    Pursuant to Section 553(a)(2) of the Administrative Procedure Act, 
prior notice and an opportunity for public comment are not required for 
this notification concerning grants, benefits, and contracts. 
Therefore, a regulatory flexibility analysis is not required for 
purposes of the Regulatory Flexibility Act.
    This document contains collection-of-information requirements 
subject to the Paperwork Reduction Act. The use of Standard Forms (SF) 
424 and 424A have been approved by OMB under their respective 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 Paperwork Reduction Act, unless that 
collection displays a currently valid OMB control number.

    Dated: March 26, 2002.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 02-8081 Filed 4-2-02; 8:45 am]
BILLING CODE 3510-22-S