[Federal Register Volume 68, Number 12 (Friday, January 17, 2003)]
[Notices]
[Pages 2527-2530]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-1152]



[[Page 2527]]

-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[Docket No. 030109007-3007-01; I.D. 111802D]
RIN 0648-AQ62


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.

-----------------------------------------------------------------------

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 the 2003 fishing year (March 1, 2003, through 
February 29, 2004), and how NOAA and the New England Fishery Management 
Council (Council) will determine whether to select your proposal. 
Because of the time required to complete the grants process, the 
document explains that it is likely that project activities will not be 
authorized until 1-2 months after the start of the fishing year on 
March 1, 2003. Research projects would be funded by a 1-percent set-
aside of the scallop total allowable catch (TAC) that is proposed under 
Framework Adjustment 15 to the Council's Atlantic Sea Scallop Fishery 
Management Plan (FMP). Funding of projects under the TAC set-aside is 
contingent upon approval of Framework 15 by NMFS.

DATES: To be considered under this solicitation, all research proposals 
that would utilize the fishing year 2003 TAC set-aside must be received 
between January 17, 2003 and 5 p.m., EDT, on February 7, 2003. 
Postmarks indicating the proposals were mailed on this date 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/[tilde]grants/index.html under the 
title ``Grant Application Forms and Budget Guidelines,'' or by 
contacting the NMFS 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.

SUPPLEMENTARY INFORMATION:

A. Background

    On September 29, 2002, the Council approved Framework 15 and voted 
to submit the action to the Secretary of Commerce for approval. A 
proposed rule for Framework 15 will be published in the Federal 
Register following review by NMFS. Framework 15 would continue a 
Scallop Area Access Program for the Hudson Canyon and Virginia Beach 
Areas. Under the proposed area access program, limited access sea 
scallop vessels would be allowed to land scallops in excess of the 
proposed possession limit, or to take additional trips above those 
proposed 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 proposed areas would remain 
open until one of three events triggered a closure: (a) The fishing 
year ends (February 29, 2004); (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) the vessels use 
all authorized trips to fish for scallops within one or both of the 
areas. Framework 15 would authorize three trips per vessel for each 
area unless modified by action taken by the Regional Administrator. 
NOAA, in cooperation with the Council, is soliciting proposals for sea 
scallop research for the 2003 fishing year utilizing proposed TAC set-
aside from the Hudson Canyon and Virginia Beach Areas. Contingent upon 
approval of Framework 15 by NMFS, 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 proposed 21,000-lb (9,525.4-
kg) possession limit.
    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 172,953 lb (78.05 
mt), an amount of scallops that has an approximate value of $579,392 
(based on a projected scallop value of $3.35 per pound, with prices 
varying according to season and availability). The TAC set-aside for 
sea scallop research would be as follows: 170,638 lb (77 mt) for the 
Hudson Canyon Area; and 2,315 lb (1.05 mt) for the Virginia Beach Area.

B. Authority

    Issuing grants is consistent with sections 303(b)(11), 402(e), and 
404(c) of the Magnuson-Stevens Fishery Conservation and Management Act, 
16 U.S.C. 1853(b)(11), 16 U.S.C. 1881a(e), and 16 U.S.C. 1881c(c), 
respectively.

C. Catalog of Federal Domestic Assistance

    11.454, Unallied Management Projects.

D. Funding Instrument and Project Period

    NOAA will award a grant to applicants with approved proposals 
through its grant award process. The project period for sea scallop 
research can not predate the beginning of the Atlantic sea scallop 
fishing year, March 1, 2003. The project period may not extend beyond 
February 29, 2004. Any portion of the 2003 fishing year TAC awarded 
must be caught for compensation by February 29, 2004. 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. Because of the time required to complete the grants process, it 
is likely that project activities will not be authorized until 1-2 
months after the start of the fishing year on March 1, 2003.

[[Page 2528]]

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 (LOA) 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 LOA 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 proposed 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. 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 $3.35 per pound, their average estimated monetary 
value based on Framework 15 analyses. 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. Based on the confidential 
information identified by the applicant, the confidentiality of the 
information provided will be protected to the degree possible.

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 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 of 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 each limited 
access vessel;
    5. Demonstration projects to identify ways to reduce discard 
mortality, increase efficiency without increasing fishing power (e.g., 
decreasing processing time with sorters) and improve safety;
    6. Research to identify scallop habitat and ecological 
relationships that affect

[[Page 2529]]

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);
    8. Experimental designs with control areas using alternative 
management strategies, such as area licensing and rotational closures 
(projects should include an analysis of yield improvement, habitat 
impacts and social impacts, including conflict resolution across 
fisheries);
    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 life history 
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 likely to 
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).

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. Both 
the Council review and the NOAA review are included to allow the 
Council to retain its responsibility to consider research in fishery 
management plans and to allow NOAA to conduct the reviews if the 
overall Council process prohibits their review in a timely manner. 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 recommendations of its 
representatives, the Evaluation Criteria identified in Section K of 
this notice, 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 through a formal 
vote or by consensus recommendations, as determined appropriate by the 
Council. Recommendations from the Council would be given to the 
Regional Administrator in rank order based on average scores of the 
projects, taking into consideration numerical scores based on Section K 
of this notice and considerations of other factors listed above. In 
deciding the projects to select, the Regional Administrator will take 
into account the recommendations of the Council, the 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. As a result, projects may not be 
selected in the order recommended by the Council. NOAA will authorize 
selected vessel(s) to exceed the possession limit, take additional 
trips, or be exempt from the regulations specified in the FMP through 
written notification to the applicant.
    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 and to provide a rank score of the project based 
on the evaluation criteria specified in Section K of this notice. 
Following completion of the technical evaluation, NOAA will convene a 
Review Team to review and individually critique the scored proposals to 
enhance NOAA's understanding of the proposals. No consensus 
recommendations will be made. Based on the results of the technical 
review, rank order based on averages scores, comments provided by the 
review panel, and the following program policy factors, NOAA will 
select the successful proposals and inform the Council of its 
recommendations. The program policy factors are: (1) The time of year 
the research activities are to be conducted; (2) the ability of the 
proposal to meet the experimental fishery requirements discussed under 
Section O of this notice; and (3) redundancy of research projects. 
Therefore the highest scoring projects may not necessarily be selected 
for an award. The Regional Administrator will provide final approval of 
the projects to allow NMFS to exempt selected vessel(s) from 
regulations of the Scallop FMP. All sea scallop research must be 
conducted in accordance with provisions approved by NOAA and provided 
in an LOA or EFP issued by NMFS.
    Approval of proposals submitted in response to the subject RFP 
would be contingent upon approval of Framework 15 by NMFS. Framework 15 
will be reviewed by NMFS and published as a proposed and final rule in 
the Federal Register. Should Framework 15 be disapproved by NMFS, 
projects would not be funded and notification would be sent to 
applicants. In addition, unsuccessful applications will be returned to 
the submitter. Successful applications will be incorporated into the 
award document.

M. Proposal Format

    Proposals should be limited to 6 pages, excluding item 5 under this 
Section M. The format may vary, but must include:
    1. A project summary;
    2. A narrative project description to include: (a) Project goals 
and objectives; (b) the relationship of the proposed project to 
management needs or priorities identified by the Council; (c) a 
statement of work (project design and management--who is responsible, 
expected products, participants other than applicant); and (d) a 
summary of the existing state of knowledge related to project and 
contribution and relevance of the proposed work;
    3. A description of all funding sources (including revenues derived 
from the sale of scallops harvested under the research TAC set-aside) 
and funding needs. This element of the proposal must include: (a) the 
amount of scallop TAC set-aside requested; (b) 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; and (c) state the expected percentage of funds to

[[Page 2530]]

be allocated to the researcher and any involved fishing vessel;
    4. A budget that includes a breakdown of costs (vessel expenses, 
permit costs, equipment, supplies, overhead, as applicable); 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 version at http://www.ofa.noaa.gov/[tilde]grants/index.html 
under the title ``Grant Application Forms and Budget Guidelines,'' or 
by contacting the NMFS office (see FOR FURTHER INFORMATION CONTACT); 
and
    5. Supporting documents (resumes, cooperative research agreements, 
contracts, etc.).

N. Final Reports

    NOAA and the Council will require project researchers to submit 
semi-annual progress reports and a completion report describing their 
research project results and 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 abstract or summary of the project;
    2. A description of the issue/problem that was addressed;
    3. A detailed description of methods of data collection and 
analyses;
    4. A discussion of results and any relevant conclusions, presented 
in a format that is understandable to a non-technical audience; this 
should include benefits and/or contributions to management decision-
making;
    5. A list of entities, firms or organizations that actually 
performed the work, and a description of how that was accomplished; and
    6. A detailed final accounting of all funds used to conduct sea 
scallop research, including those provided through the research set-
aside. The financial information must be submitted on Office of 
Management and Budget Standard Form-269. Copies of this Standard Form 
may be found on the Internet in a PDF version at http://
www.ofa.noaa.gov/[tilde]grants/index.html under the title ``Grants 
Management Forms'', or by contacting the NMFS office (see FOR FURTHER 
INFORMATION CONTACT).
    7. Projects designed to collect new data for inclusion in NMFS' or 
ACCSP's databases must submit the data in electronic format with 
appropriate documentation. Certain databases will have highly specific 
requirements as to required fields and content. Applicants must agree 
to provide newly collected data in a format acceptable to the 
administrators of the receiving databases.

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

    The Department of Commerce Pre-Award Notification of Requirements 
for Grants and Cooperative Agreements contained in the Federal Register 
notice of October 1, 2001 (66 FR 49917), as amended by the Federal 
Register notice published on October 30, 2002 (67 FR 66109), is 
applicable to this solicitation.

Q. 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. 553, 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.
    Applications under this program are subject to Executive Order 
12372, ``Intergovernmental Review of Federal Programs.''
    This action has been determined to be not significant for purposes 
of Executive Order 12866.

    Dated: January 13, 2003.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 03-1152 Filed 1-16-03; 8:45 am]
BILLING CODE 3510-22-S