[Federal Register Volume 69, Number 73 (Thursday, April 15, 2004)]
[Notices]
[Pages 19983-19984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8592]



[[Page 19983]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[Docket No. 040210050-4108-02; I.D. 031904B]
RIN 0648-AN16


2004 Atlantic Sea Scallop Research Set-Aside Program

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

ACTION: Notice and request for proposals.

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SUMMARY: NMFS announces that for fishing year 2004 the New England 
Fishery Management Council (Council) may set aside portions of the 
total allowable catch (TAC) and Days-at-Sea (DAS) allowance in the sea 
scallop fishery to be used for sea scallop research endeavors under a 
research set-aside (RSA) program. The RSA program provides a mechanism 
to fund research and compensate vessel owners through the sale of fish 
harvested under the research quota. Vessels participating in an 
approved research project may be authorized by the Northeast Regional 
Administrator, NMFS, to harvest and to land species in excess of any 
imposed trip limit or during fishery closures. Landings from such trips 
would be sold to generate funds that would help defray the costs 
associated with research projects. No Federal funds would be provided 
for research under this notification.

DATES: Proposals must be received by NMFS no later than 5 p.m. EST, May 
17, 2004.

ADDRESSES: Proposals must be submitted to NMFS, Northeast Regional 
Office, One Blackburn Drive, Gloucester, MA 01930.

FOR FURTHER INFORMATION CONTACT: For a copy of the full funding 
opportunity announcement for this request for proposals and/or an 
application kit contact Sandra Stone or Andrew Applegate, New England 
Fishery Management Council, phone (978) 465-0492, or Peter Christopher 
(see ADDRESSES), by phone (978) 281-9288, fax (978) 281-9135, or email 
[email protected]. The text of the full funding opportunity 
announcement can also be accessed via NOAA's website at http://www.ofa.noaa.gov/amd/SOLINDEX.HTML.

SUPPLEMENTARY INFORMATION: NMFS announces that for fishing year 2004 
the Council may set aside portions of the TAC and DAS allowance in the 
sea scallop fishery to be used for sea scallop research endeavors under 
a RSA program. The RSA program provides a mechanism to fund research 
and compensate vessel owners through the sale of fish harvested under 
the research quota. Vessels participating in an approved research 
project may be authorized by the Regional Administrator to harvest and 
to land species in excess of any imposed trip limit or during fishery 
closures. Landings from such trips would be sold to generate funds that 
would help defray the costs associated with research projects. No 
Federal funds would be provided for research under this notification.
    Research proposals are, therefore, sought to utilize the two set-
asides proposed in Amendment 10 to the Atlantic Sea Scallop FMP (69 FR 
8915): (1) the research TAC set-aside for the Hudson Canyon area of 
375,800 lb (170.5 mt), with a value of $1,525,748.00, presuming that 
scallops are valued at $4.06 per pound; and (2) the DAS set-aside for 
the open fishing areas of 233 DAS with an average catch rate of 1,550 
lb/DAS. Given the estimated value of $4.06 per lb, the open area set-
aside would be valued at approximately $1,466,269.00. Thus, if 
Amendment 10 is approved, the total value of the set-asides that would 
be available for scallop-related research would be $2,992,017.00 (51 
percent from Hudson Canyon Area access, and 49 percent from the open 
area DAS set-aside). Researchers must specify the amount of set-aside 
(TAC or DAS, as appropriate) sought from each area.
    The proposed rule for Amendment 10 was published at 69 FR 8915 on 
February 26, 2004, and public comment regarding the implementing 
regulations ended March 29, 2004. The final rule for Amendment 10 
including the approved numbers will be published in the Federal 
Register. NOAA will also update the funding opportunity announcement to 
include the final numbers for the 2004 Atlantic Sea Scallop Research 
Set-Aside Program which can be accessed via NOAA's web site at: http://www.ofa.noaa.gov/amd/SOLINDEX.HTML .
    There may be additional research set-aside available from the 
Groundfish Closed Areas, if the Joint Framework to the Northeast 
Multispecies FMP and Atlantic Sea Scallop FMP is approved and 
implemented. The proposed rule for the Joint Framework will be 
published in the Federal Register in near future for public comment. 
Researchers are urged to request set-aside from these areas (Groundfish 
Closed Areas) as well. The Joint Framework, if approved and 
implemented, would specify that the total TAC set-aside for scallop 
research from the Groundfish Closed Areas access program in the 2004 
fishing year would be 322,272 lb (146.2 mt), an amount of scallops that 
would have an approximate value of $1,308,424.00. The Joint Framework, 
if approved and implemented, would specify that this set-aside would be 
applicable to research in Closed Area II (167,904 lb (76.16 mt) worth 
approximately $681,690) and the Nantucket Lightship Closed Area 
(154,368 lb (70 mt) worth approximately $626,734) . Researchers are 
instructed to clearly indicate in their proposals whether or not their 
research would be applicable to more than one area.
    Background: Amendment 10 would continue a Scallop Area Access 
Program for the Hudson Canyon and includes provisions to allow access 
to portions of the Groundfish Closed Areas (subject to NMFS' approval 
of the Joint Framework to establish TACs and measures to minimize 
groundfish bycatch). 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 access areas would 
remain open until one of four events triggered a closure: (a) The 
fishing year ends (February 28, 2005); (b) finfish catches exceed TACs 
established by the Joint Framework; (c) the vessels use all of the 
trips authorized under the access program; or (d), the fishing season, 
as established by the Joint Framework, ends.
    In addition, Amendment 10 would expand the RSA program to all areas 
where scallop fishing occurs, including regular open fishing areas. Two 
percent of the total allowable DAS allocations would be set-aside for 
scallop related research activities, before determining annual fishing 
allocations for limited access scallop vessels. This pool of DAS would 
become available for authorized research projects, under which vessels 
may participate in scallop research programs and/or conduct trips to 
compensate for research expenses incurred. The vessel may be authorized 
to conduct additional trips of a specified duration that would not be 
counted against the vessel's annual DAS allocation, or DAS may be added 
to a vessel's annual DAS allocation as compensation. Research 
applicants

[[Page 19984]]

must specify which method would apply, should their proposal be funded.
    Vessels participating in an approved project, and fishing in the 
Sea Scallop Access Areas, would be authorized by the Regional 
Administrator to do one or more of the following: Take additional trips 
into the areas and/or to land scallops in excess of the proposed 
18,000-lb (8,164.7-kg) possession limit; make a trip of specified 
duration without counting against the vessel's 2004 DAS allocation; or 
be allocated additional DAS which would be added to the vessel's 2004 
DAS allocation.
    Electronic Access: http://www.Grants.gov.
    Funding Availability: No Federal funds are provided for research 
under this notification. The Federal Government may issue an Exempted 
Fishing Permit (EFP) or Letter of Acknowledgment (LOA), as applicable, 
which may provide special fishing privileges in response to research 
proposals selected under this program.
    Statutory Authority: Issuing grants is consistent with sections 
303(b)(11), 402(e), and 404 ) 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), respectively.
    CFDA: 11.454, Unallied Management Projects
    Eligibility: Eligible applicants are institutions of higher 
education, hospitals, other nonprofits, commercial organizations, 
individuals, State, local and Indian tribal governments. Federal 
agencies or institutions are not eligible to receive Federal assistance 
under this notice. Also, 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.
    Cost Sharing Requirements: None.
    Intergovernmental Review: Required, if applicable. Applications 
under this program are subject to Executive Order 12372, 
``Intergovernmental Review of Federal Programs.''
    Limitation of Liability: In no event will NOAA or the Department of 
Commerce be responsible for proposal preparation costs if these 
programs are cancelled because of other agency priorities. Publication 
of this announcement does not oblige NOAA to award any specific project 
or to provide special fishing privileges.
    National Environmental Policy Act (NEPA): NOAA must analyze the 
potential environmental impacts, as required by the NEPA, for applicant 
projects or proposals which are seeking NOAA federal assistance 
opportunities including special fishing privileges. Detailed 
information on NOAA compliance with NEPA can be found at the following 
NOAA NEPA website: http://www.nepa.noaa.gov/, including our NOAA 
Administrative Order 216-6 for NEPA, http://www.nepa.noaa.gov/NAO216_6_TOC.pdf, and the Council on Environmental Quality implementation 
regulations, http://ceq.eh.doe.gov/nepa/regs/ceq/toc_ceq.htm.
    Consequently, as part of an applicant's package, and under their 
description of their program activities, applicants are required to 
provide detailed information on the activities to be conducted, 
locations, sites, species and habitat to be affected, possible 
construction activities, and any environmental concerns that may exist 
(e.g., the use and disposal of hazardous or toxic chemicals, 
introduction of non-indigenous species, impacts to endangered and 
threatened species, aquaculture projects, and impacts to coral reef 
systems). In addition to providing specific information that will serve 
as the basis for any required impact analyses, applicants may also be 
requested to assist NOAA in drafting of a NEPA document (e.g. an 
environmental assessment), if NOAA determines that an environmental 
analysis is required. Applicants will also be required to cooperate 
with NOAA in identifying and implementing feasible measures to reduce 
or avoid any identified adverse environmental impacts of their 
proposal. The failure to do so shall be grounds for the denial of an 
application.
    Evaluation and Selection Procedures: NOAA published its first 
omnibus notice announcing the availability of grant funds for both 
projects and fellowships/scholarship/ internships for Fiscal Year 2004 
in the Federal Register on June 30, 2003 (68 FR 38678). The evaluation 
criteria and selection procedures contained in the June 30, 2003, 
omnibus notice are applicable to this solicitation. For a copy of the 
June 30, 2003, omnibus notice please go to: http://www.ofa.noaa.gov/amd/SOLINDEX.HTML.
    The Department of Commerce Pre-Award Notification Requirements for 
Grants and Cooperative Agreements: 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), as amended by the Federal Register notice published on October 
30, 2002 (67 FR 66109), are applicable to this solicitation.

Classification

    Paperwork Reduction Act: This document contains collection-of-
information requirements subject to the Paperwork Reduction Act (PRA). 
The use of Standard Forms 424 and 424A,424B, SF-LLL, and CD-346 has 
been approved by OMB under the respective control numbers 0348-0043, 
0348-0044, 0348-0040, 0348-0046, and 0605-0001. 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 requirements of the PRA unless 
that collection of information displays a currently valid OMB control 
number.
    Executive Order 12866: This notice has been determined to be not 
significant for purposes of Executive Order 12866.
    Executive Order 13132 (Federalism): It has been determined that 
this notice does not contain policies with Federalism implications as 
that term is defined in Executive Order 13132.
    Administrative Procedure Act/ Regulatory Flexibility Act: Prior 
notice and an opportunity for public comments are not required by the 
Administrative Procedure Act or any other law for notices concerning 
grants, benefits, and contracts (5 U.S.C. section 553(a)(2)). Because 
notice and opportunity for comment are not required pursuant to 5 
U.S.C. 553 or any other law, the analytical requirements of the 
Regulatory Flexibility Act (5 U.S.C. section 601 et seq) are 
inapplicable. Therefore, a regulatory flexibility analysis has not been 
prepared.

    Dated: April 9, 2004.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 04-8592 Filed 4-14-04; 8:45 am]
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