[Federal Register Volume 68, Number 17 (Monday, January 27, 2003)]
[Notices]
[Pages 3864-3869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-1781]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[Docket No. 030121015-3015-01; I.D. 120602C]
RIN 0648-AQ66


Mid-Atlantic Fishery Management Council (Council); Request for 
Research Proposals (RFP)

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

ACTION: Notice of solicitation for applications.

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SUMMARY: NMFS announces that, for fishing year 2004, up to 3 percent of 
the total allowable landings (TAL) will be dedicated to research 
endeavors under a research set-aside (RSA) program. This notice 
describes how the application and selection process will operate for 
research projects funded under the RSA by a set-aside from the TAL of 
selected species. The RSA provides a mechanism to fund research and 
compensate vessels through the sale of fish harvested under the 
research quota. The setting of the actual research set-aside quotas 
will be the subject of future rulemaking. NMFS is soliciting proposals 
for research activities concerning the summer flounder, scup, black sea 
bass, Loligo squid, Illex squid, Atlantic mackerel, butterfish, 
bluefish, and tilefish fisheries.

DATES: All research proposals to be considered under this solicitation 
must be received between January 27, 2003, and 5 p.m., EST, on March 
28, 2003, in the Northeast Regional Office (see ADDRESSES). Postmarks 
prior to the end of the receipt period will not be sufficient. 
Facsimile applications will not be accepted. For further information 
related to the timeframe for review and selection of proposals to be 
conducted with research quota set-asides, see Section A, Background, 
under SUPPLEMENTARY INFORMATION.

ADDRESSES: Proposals must be submitted to Patricia A. Kurkul, Regional 
Administrator, NMFS, Northeast Regional Office, One Blackburn Drive, 
Gloucester, MA 01930. Mark proposals ``Attention--Mid-Atlantic Research 
Proposals.'' Copies of the Standard Forms for submission of research 
proposals may be found on the Internet in a PDF (Portable Document 
Format) version at http://www.ofa.noaa.gov/grants, under the title 
``Grant Application Forms and Budget Guidelines,'' or by contacting 
NMFS (see FOR FURTHER INFORMATION CONTACT).

FOR FURTHER INFORMATION CONTACT: Daniel Furlong, Executive Director, 
Mid-Atlantic Fishery Management Council, (302) 674-2331, fax (302) 674-
5399, e-mail [email protected], or Paul Perra, Fishery Policy Analyst, 
NMFS, (978) 281-9153, fax 978-281-9135, e-mail [email protected].

SUPPLEMENTARY INFORMATION:

A. Background

    The award of a set-aside from the TAL of selected species became 
possible with the approval of Framework Adjustment 1 (Framework 1) to 
the Atlantic Mackerel, Squid, and Butterfish; Summer Flounder, Scup, 
and Black Sea Bass; and Bluefish Fishery Management Plans (FMPs); and 
the RSA provisions of the Tilefish FMP. Framework 1 was approved by the 
Secretary of Commerce on August 10, 2001. It established a procedure 
through which research set-aside amounts would be set annually as part 
of the Mid-Atlantic Fishery Management Council's (Council) quota-
setting process. The set-asides may range between 0 and 3 percent of 
each species' TAL. The set-aside allocated for a given species is to be 
utilized primarily for research involving that species. However, to 
promote research in those cases where it would otherwise be infeasible, 
individual research projects may involve allocations from the set-
asides for several of the species listed in this notice. Therefore, in 
addition to, or in lieu of, applying for part of the set-aside 
involving a species directly involved in a research project, applicants 
may also apply for up to 25 percent of the research set-aside quota for 
species not directly involved in a particular research project.
    To be eligible for consideration, a research proposal for work to 
be conducted using a research set-aside allocation for the 2004 fishing 
year must be received during the application period identified in the 
DATES section

[[Page 3865]]

of this document. Applicants must submit one signed original and two 
signed copies of the completed application (including supporting 
information). Prior to selection, NOAA will convene a panel to review 
proposals submitted in response to this RFP.
    The Council, in consultation with the Atlantic States Marine 
Fisheries Commission (Commission), will incorporate the level of 
research set-aside (amounts or percentages) for each of the set-aside 
species for the 2004 fishing year into the Council's recommendations 
for annual quota specifications. NMFS will consider the recommended 
level of set-aside as part of the associated rulemaking process. It is 
anticipated that most proposals will request that vessels conducting 
research be exempt from certain regulations for the relevant fishery. 
The impacts of such an exemption must be analyzed. To streamline the 
process for the review and approval of exempted fishing permit (EFP) 
applications, the Council will prepare, as appropriate, an analysis of 
the impacts associated with the anticipated exemptions during the 
annual quota specification process. This process is intended to satisfy 
the analytical and public notice provisions of the EFP regulations at 
50 CFR 600.745. However, certain conditions may require the applicant 
to provide additional analysis associated with such exemptions (see 
section N of this notice).
    The actual level of research set-aside quota available to 
applicants for the 2004 fishing year will depend on the TAL level 
specified by the Council at its quota-setting meetings in June and 
August 2003, and on the percentage (0 to 3 percent) of the TAL 
recommended by the Council and approved by NMFS as the level of 
research set-aside available for 2004. To help researchers develop 
proposals for the 2004 fishing year, the table below provides some 
guidance on the general magnitude of research set-asides and estimated 
values that a researcher might expect to be available for fishing year 
2004. The table is based on TAL levels for these fisheries for the 2003 
fishing year, and assumes that NMFS would approve the maximum set-aside 
level of 3 percent of the TAL, if requested. The table is intended only 
as a guide, to be used when developing research proposals for the 2004 
fishing year; it does not necessarily reflect the actual RSA quota that 
will be allocated for fishing year 2004. Based on Council 
recommendation, NMFS could choose to adopt less than 3 percent of TAL 
as a set-aside, or could decide not to adopt any set-aside for a given 
fishery. The estimated values of the set-aside allocations will vary 
depending on market considerations prevailing at the time the research 
trips are conducted. In October 2002, the Council voted to set the 
research set-aside for tilefish at zero until after a stock assessment 
is complete. However, tilefish RSA projects could be considered upon 
completion of a stock assessment and/or through utilizing of RSA quota 
from other species.

      Table 1. Example of 3-percent Research Set-Aside, Using 2003
                             specifications.
------------------------------------------------------------------------
                                                              Estimated
        Allocation Species         Pounds (000   Kilograms      Value
                                       lb)        (000 kg)      ($000)
------------------------------------------------------------------------
Summer Flounder                            699          317       1,005,
Scup                                       480          218          403
Black Sea Bass                             204           93          318
Loligo Squid                             1,125          510          743
Illex Squid                              1,587          720          349
Atlantic Mackerel                       11,571        5,249          926
Butterfish                                 390          177          129
Bluefish                                 1,191          540          358
Tilefish                                     0            0            0
------------------------------------------------------------------------

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 (CFDA)

    11.454, Unallied Management Projects

D. Funding Instrument and Project Period

    In consultation with NMFS, the NOAA Grants Office will award a 
grant to successful applicants through the NOAA grant award process. 
The RSA harvest timeframe must fall within January 1 through December 
31, 2004. There may be times when compensation (in terms of the timing 
in harvest of the RSA) is not concurrent with the timing of the 
research. In general, under such situations, no more than 50 percent of 
the requested RSA should be harvested prior to the conduct of research 
activities. Proposals requesting RSA harvest prior to or after that 
timeframe will not be considered.

E. Funding Availability

     No Federal funds are provided for research under this 
notification. The Federal Government may issue an EFP or Letter of 
Acknowledgment (LOA), as applicable, which may provide special fishing 
privileges in response to research proposals selected under this 
program. The Federal Government shall not be liable for any costs 
incurred in the conduct of the project. Any funds generated from the 
landings authorized under a RSA grant shall be used to cover the cost 
of the research, including vessel costs, and to compensate vessel 
owners for expenses incurred. Therefore, the owner of each fishing 
vessel selected to land a species in excess of a trip limit or seasonal 
quota 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 Research

     Projects funded under a RSA must enhance understanding of the 
fishery resource or contribute to the body of information on which 
management decisions are made. Research, as well as additional voyages 
to obtain fish for compensation, may be conducted, as specified in the 
EFP or LOA, as applicable, in or outside of a closed area, within the 
timeframe of a commercial quota closure, and onboard

[[Page 3866]]

a fishing or other type of vessel, including recreational and/or 
commercial vessels.
     Funds generated from the RSA 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 the 
set-aside species. For example, the 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 his/her 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.
     A person is not eligible to submit an application under this 
program if he/she is an employee of any Federal agency or a Regional 
Fishery Management Council. However, Council members who are not 
Federal employees may submit an application.

H. Proposal Preparation and Requirements

    NOAA employees (whether full-time, part-time, or intermittent) are 
not permitted to assist in the preparation of an application, except 
that staff may provide information on program goals, funding 
priorities, application procedures, and completion of application 
forms. Since this is a competitive program, NMFS and NOAA employees 
will not provide assistance in conceptualizing, developing, or 
structuring proposals, or write letters of support for a proposal. 
However, the Council or NMFS contact person (see FOR FURTHER 
INFORMATION CONTACT) may provide assistance to researchers who are 
seeking vessels to participate in the collection of set-aside species 
or directly in research projects. NMFS, in consultation with the 
Council, may decide to hold a meeting with the public to discuss 
general topics concerning past RSA program accomplishments and ways to 
enhance communications on funding priorities and associated potential 
study methods. Such meetings will be publicized by NMFS through a 
Federal Register notice, and through the public mailing list maintained 
by the Council office (see FOR FURTHER CONTACT INFORMATION CONTACT).
     Proposals must identify the research to be conducted and the total 
amount of the set-aside species requested for the project, including 
its approximate cash value. If a waiver of Federal regulations is 
proposed, a list of the specific regulations to be waived and a brief 
justification for each regulation to be waived must be included with 
the proposal.
     In addition, each proposal must identify the RSA harvesting 
activities for the participating vessel(s) that would make a trip to 
collect the set-aside species. The vessel(s) selected by the applicant 
must be listed in the proposal, if possible, or specifically identified 
prior to final approval by NOAA. Proposals may request that the quota 
set-aside be collected separately from the research trips. The separate 
compensation trips do not necessarily have to be conducted by the same 
vessel. In general, compensation (in terms of the value of fish landed) 
should not exceed 2.5 times the cost of the associated research (See 
Evaluation Criterion 2 in Section J.).
     The researcher's proposal must state the amount of funds required 
to support the research project, including any costs for participation 
by project scientists or consultants, as well as the amount required to 
compensate the vessel owner either for the collection of set-aside 
species, or for participation in the research project, or both. The 
proposal should also include the agreement between the applicant and 
participating vessel operators that shows exactly how the research 
activity is to be paid for, if possible, or such agreement must be 
provided prior to final approval by NOAA.

I. Project Funding Priorities

     The Council and NOAA will give priority to funding research 
proposals in the following areas identified as research priorities by 
the Council and Commission for the 2004 fishing year (not listed in 
order of priority):
     1. Bycatch and discard reduction concerning: (a) distinctions 
between regulatory discards and bycatch attributed to gear, including 
mesh selectivity and/or overall gear design in the summer flounder 
fishery; (b) gear modifications in the Loligo squid fishery to reduce 
scup and other species bycatch; (c) discard studies in the Loligo and 
scup fisheries; (d) better estimates of recreational discards in the 
summer flounder, scup, black sea bass, and bluefish fisheries; or (e) 
ways to decrease discards associated with increases in size limits.
     2. Mesh and gear selectivity focusing on: (a) the examination of 
summer flounder catch composition in small-mesh net fisheries within 
the summer flounder small-mesh exemption area; (b) summer flounder mesh 
selectivity studies; (c) scup mesh selectivity; (d) squid mesh 
selectivity; (e) black sea bass mesh selectivity; (f) the development 
of threshold triggers based on gear and fishery characteristics; (g) 
evaluation of various pot vent sizes and shapes for black sea bass and 
scup; (h) estimation of mortality of black sea bass left in pots during 
the closed season; and (i) mesh retention studies of 2 1/2-inch (6.35-
cm), 2 3/4-inch (6.99-cm), and 3-inch (7.63-cm) mesh for butterfish.
     3. Fishing impacts on habitat pertaining to: (a) mobile gear 
impacts on tilefish burrows; (b) scup spawning areas and scup larval 
settlement areas in coastal/estuarine waters; (c) benthic habitat of 
juvenile and adult black sea bass, and scup offshore wintering areas; 
(d) mapping of spawning areas and egg mop areas for Loligo squid; and 
(e) further delineation of essential fish habitat (EFH), particularly 
in nursery areas for summer flounder, scup, and black sea bass, as well 
as the potential for possible gear impacts to this EFH.
     4. Cooperative stock assessment surveys focusing on: (a) the use 
of alternative industry assessment methods to determine abundance of 
Atlantic mackerel; (b) the summer flounder fishery; (c) surveys for 
summer flounder in areas not traditionally sampled by NMFS Northeast 
Fisheries Science Center (NEFSC) gear; (d) side-by-side comparisons for 
summer flounder and scup of commercial and NEFSC survey gear; (e) 
better survey information for bluefish; (f) tagging studies of bluefish 
movements; and (g) DNA analysis for stock descriptions of Atlantic 
bluefish and Atlantic mackerel.
     5. Improved recreational fishery data focusing on: (a) research to 
enhance the overall knowledge of the recreational fishery; (b) 
statistical models to evaluate the effectiveness of recreational 
management measures and/or data collection process; (c) studies of 
bluefish, summer flounder, scup, and black sea bass hooking mortality 
by size of fish and the compliance with the regulations for these 
species; and (d) tagging studies with break-away hooks for movement of 
tilefish.
     6. Other: (a) an evaluation of redirection of fishing effort with 
area closures for black sea bass; (b) an evaluation of whether 
artificial reefs increase the productivity of black sea bass or simply 
concentrate the resource; (c) an evaluation of the mixing of Illex and 
Loligo squid in September and

[[Page 3867]]

October; (d) increased and more representative sea sampling of the 
various fisheries in which summer flounder, scup, and black sea bass 
are caught (needed to adequately characterize the length composition of 
the discards); (e) better estimates of discard mortality for the 
recreational and commercial fisheries (by gear type) for each species 
of Council-managed fish; (f) a study of summer flounder fecundity and 
why recruitment appears low as the resource is being rebuilt; (g) a 
study to develop optimum sampling levels to estimate discards of summer 
flounder, scup, and black sea bass; (h) increased and more 
representative port sampling of the various fisheries in which summer 
flounder, scup, and black sea bass are caught; (i) development of 
fishery independent surveys and expansion of existing surveys to 
capture all sizes and age classes of summer flounder, scup, and black 
sea bass in order to develop independent catch-at-age and catch per 
unit effort data; (j) expansion of age sampling of summer flounder, 
scup, and black sea bass from commercial and recreational catches, with 
special emphasis on collection of large specimens; (k) quantification 
of the percentage of commercial fishery trips that had discards but no 
landings, and evaluation of how such trips contribute to the total 
commercial fishery discard estimate; and (l) evaluation of fishery 
management actions, e.g., do closures have a net positive effect on 
fishing mortality by postponing such mortality, or do they simply allow 
for concentration of resources such that when the seasons open the 
consequent fishing effort offsets the mortality reductions that 
occurred during the closure?

J. Evaluation Criteria

     The review panel convened by NOAA to evaluate proposals submitted 
in response to this RFP (see section L of this notice), will evaluate 
proposals by assigning scores up to the maximum indicated for each of 
the following criteria:
     1. A clear definition of the problem, need, issue or hypothesis to 
be addressed. The proposal should describe its relevance to RSA program 
priorities. If not directly related to priorities listed in this 
solicitation, provide justification why the proposed project should be 
considered. (25 points)
     2. Cost-effectiveness of the project. The requested value of the 
anticipated revenue from the RSA should be commensurate with estimated 
project costs, and generally should not exceed 2.5 times the cost of 
the associated research. Economic and budget projections should be 
quantified, to the extent possible. Where appropriate, use of existing 
equipment (fishing gear) is preferred versus acquisition of new 
equipment. (25 points)
     3. Special emphasis will be given to proposals that foster and 
improve cooperative interactions with NMFS. A clear definition of the 
approach to be used, including description of field work, theoretical 
studies, and laboratory analysis to support the proposed research, and 
the ability of the applicant to physically complete RSA harvest during 
the 2004 calendar year in the area and time proposed is important. The 
time frame for harvesting the RSA catch and conducting the proposed 
research should be clearly specified. Activities that take place over a 
wider versus narrower geographical range, where appropriate, are 
preferred. (25 points)
     4. Demonstration of support, cooperation and/or collaboration with 
the fishing industry, and qualifications/ experience of project 
participants. Where appropriate, unified versus separate stand-alone 
proposals on related projects involving multiple principal 
investigators are preferred. (15 points)
     5. Identification of anticipated benefits, potential users, 
likelihood of success, and methods of disseminating results. Where 
appropriate, data generated from the research must be formatted in a 
manner consistent with NMFS' and Atlantic Coastal Cooperative 
Statistical Program's (ACCSP) databases. A copy of this format is 
available from NMFS (see FOR FURTHER INFORMATION CONTACT). (10 points)

K. Selection Procedures

     NOAA will solicit written technical evaluations from the Council 
members who make up the Research Set-Aside Committee (Committee) and 
from three or more appropriate private and public sector experts to 
score proposals using the criteria specified in section J of this 
notification to determine the technical merit of the proposal. 
Following completion of the technical evaluation, NOAA will convene a 
review panel, including the Committee and technical experts, to review 
and individually critique the scored proposals to enhance NOAA's 
understanding of the proposals. Initial successful applicants may be 
required, in consultation with NMFS, to further refine/modify study 
methodology as a condition of project approval. No consensus 
recommendations will be made. Based on the results of the technical 
review's comments and 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 N of this 
notice; and (3) redundancy of research projects. Therefore, the highest 
scoring projects may not necessarily be selected for an award. 
Subsequent approval by the NOAA Grants Officer will allow NMFS, as 
applicable, to exempt selected vessel(s) from specific regulations 
implementing the respective FMPs through written notification to the 
applicant.
     For proposals that request exemptions from existing regulations 
(e.g., possession limits, closed seasons), the impacts of the proposed 
exemptions must be analyzed. The Council will analyze these impacts as 
part of the impacts of the proposed specifications for the upcoming 
fishing year in the annual quota specification packages it submits to 
NMFS. However, those individuals with proposals that include vessel 
activities that extend beyond the scope of the analysis provided by the 
Council may be required to provide additional analysis before issuance 
of an EFP (see section N). Any applicants who request regulatory 
exemptions that are beyond the scope of the Council analysis may be 
required to adhere to the regulations that govern the issuance of an 
EFP by NMFS (see section N). If necessary, and as appropriate, NMFS 
will consult with the Council and successful applicants to secure the 
information required for granting an exemption, if issuance of an EFP 
is necessary for the research to be conducted. The final decision on 
the applicant's proposal for research quota will not be made by NOAA 
until NMFS advises that the applicant's EFP request is approved.

L. Proposal Format

     Proposals should be limited to seven pages, excluding item 6 
below. The format may vary, but must include:
     1. A project summary.
     2. A narrative project description to include: (a) project goals 
and objectives; (b) the relationship of the proposed project to 
management needs or priorities identified by the Council; (c) a 
statement of work (project design and management, including who is 
responsible, expected products, and participants other than applicant); 
and (d) a summary of the existing state of

[[Page 3868]]

knowledge related to the project and contribution and relevance of the 
proposed work.
     3. A description of all funding sources (including revenues 
derived from the sale of the species harvested under the research quota 
set-aside) and funding needs. This element of the proposal must include 
the amount of research quota set-aside, in pounds, requested for each 
species and the expected funds to be generated by the sale of those 
species, as well as the expected funds to be allocated to the 
researcher and any involved fishing vessel.
     4. A budget that includes a breakdown of research costs, 
including, labor, vessel, permit, equipment, supplies, and 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), Commerce Department Form 
CD-511, (Certifications Regarding Debarment, Suspension and Other 
Responsibility Matters: Drug-Free Workplace Requirements and Lobbying), 
and if applicable, Standard Form SF-LLL (Disclosure of Lobbying 
Activities). Copies of these Standard Forms may be found on the 
Internet in a PDF version at http://www.ofa.noaa.gov/grants.
     5. A list of any Federal or state regulations that the applicant 
needs to have waived and a brief justification for such a waiver. 
Applicants are urged to discuss with state fisheries agencies any 
proposed landings in their state(s). Note that requests for waivers of 
any state regulations will be forwarded to the appropriate state 
agency(s). NOAA cannot guarantee that state agencies will accede to any 
particular request.
     6. Supporting documents, including resumes, letters of intent for 
vessels to participate in research activities, and any relevant 
contracts.

M. Final Reports and Data Submission

     NOAA will require project researchers to submit to NOAA, with a 
copy for the Council, semi-annual progress reports and a final 
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 report may vary, but must 
contain:
     1. A brief summary of the completion report (200-word or less 
abstract);
     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 the work was accomplished; 
and
     6. A detailed final accounting of all funds used to conduct 
research, including generation of project income resulting from sale of 
research set-aside quota. The financial information must be submitted 
on Office of Management and Budget (OMB) Standard Form-269 (Financial 
Status Report). Copies of this Standard Form may be found on the 
Internet in a PDF version at http://www.ofa.noaa.gov/grants. Projects 
designed to collect new data for inclusion in NMFS or ACCSP 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.

N. Other Requirements

     The Council staff will bear the primary responsibility for the 
evaluations of impacts associated with the proposed research, including 
analysis of any requested regulatory waivers. However, applicants 
proposing research and/or compensation fishing that goes beyond the 
scope of analysis provided by the Council staff in the Council's annual 
specification packages may be required to submit all information 
necessary for a Supplemental Environmental Assessment to obtain an EFP 
from NMFS. Should an applicant be required to submit a request for an 
EFP to NMFS, such submission should be received by NMFS at least 60 
days before the requested start date of the proposed research to allow 
for additional review and analysis. A final decision on the applicant's 
grant request for research quota will not be made until NMFS has 
approved the applicant's EFP request.
     If any part of the proposed research activities occur in state 
waters, successful applicants, as a condition of project approval, will 
be required to provide NMFS with a copy of written documentation to 
demonstrate that the applicant has contacted the concerned state 
fishery management agency or agencies for any required state 
authorization. Also, successful applicants will be required to provide 
NMFS with a copy of written documentation to demonstrate that the 
applicant has contacted the concerned state(s) fishery management 
agency or agencies with respect to the need for any required state 
authorization(s) for any planned commercial landings. Information on 
identity of state fishery management agencies is available from NMFS 
(see FOR FURTHER INFORMATION CONTACT).

O. 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.

P. Disposition of Unsuccessful Applications

     If an application is not selected, NOAA will return the proposal 
and related documents to the applicant.

Q. Other

     DOC/NOAA supports cultural and gender diversity in our programs 
and encourages women and minority individuals and groups to submit 
applications.
     DOC/NOAA encourages applications from members of the fishing 
community, and applications that involve fishing community cooperation 
and participation.

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.
     Applications under this program are subject to the provisions of 
Executive Order ``Intergovernmental Review of Federal Programs.''
     This document contains collection-of-information requirements 
subject to the Paperwork Reduction Act (PRA). 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

[[Page 3869]]

collection of information subject to the PRA, unless that collection 
displays a currently valid OMB control number.
     This action has been determined to be not significant for purposes 
of Executive Order 12866.

    Dated: January 21, 2003.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service
[FR Doc. 03-1781 Filed 1-22-03; 4:29 pm]
BILLING CODE 3510-22-S