[Federal Register Volume 70, Number 176 (Tuesday, September 13, 2005)]
[Notices]
[Pages 54028-54031]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18087]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[Docket No. 050906238-5238-01; ID 090705E]
RIN 0648-ZB68


2006 Monkfish Research Set-aside Program

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

ACTION: Notice; solicitation of proposals for research activities.

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SUMMARY: NMFS announces that the New England and Mid-Atlantic Fishery 
Management Councils (Councils) have set aside 500 monkfish days-at-sea 
(DAS) to be used for research endeavors under a research set-aside 
(RSA) program. NMFS is soliciting proposals to utilize the DAS for 
research activities concerning the monkfish fishery for fishing year 
2006 (May 1, 2006-April 30, 2007). Through the allocation of research 
DAS, the Monkfish RSA Program provides a mechanism to reduce the cost 
for vessel owners to participate in cooperative monkfish research. The 
intent of this RSA program is for fishing vessels to utilize these 
research DAS to conduct monkfish related research, rather than their 
allocated monkfish DAS, thereby eliminating any cost to the vessel 
associated with using a monkfish DAS.

DATES: Applications must be received on or before 5 p.m. eastern 
standard time on October 13, 2005. Delays may be experienced when 
registering with Grants.gov near the end of a solicitation period. 
Therefore, NOAA strongly recommends that applicants do not wait until 
the deadline date to begin the application process through http://www.grants.gov.

ADDRESSES: Electronic application submissions must be transmitted on-
line through http://www.grants.gov. Applications submitted through 
http://www.grants.gov will be accompanied by a date and time receipt 
indication on them. If an applicant does not have Internet access, hard 
copy proposals will be accepted, and date recorded when they are 
received in the program office. Paper applications must be sent to 
NMFS, Northeast Regional Office, One Blackburn Drive, Gloucester, MA 
01930. Electronic or hard copies received after the deadline will not 
be considered, and hard copy applications will be returned to the 
sender.

FOR FURTHER INFORMATION CONTACT: Information may be obtained from Paul 
Howard, Executive Director, New England Fishery Management Council 
(NEFMC), by phone 978-465-0492, or by fax 978-465-3116; Philip Haring, 
Senior Fishery Analyst, NEFMC, by phone 978-465-0492, or by email at 
[email protected]; or Allison Ferreira, Fishery Policy Analyst, NMFS, 
by phone 978-281-9103, by fax 978-281-9135, or by e-mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

[[Page 54029]]

Electronic Access

    Application information is available at http://www.grants.gov. 
Electronic 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.ago.noaa.gov/grants/appkit.shtml under 
the title ``Grants Management Division-Application Kit.'' Applicants 
without Internet access can contact Rich Maney, NMFS, Northeast 
Regional Office, One Blackburn Drive, Gloucester, MA 01930, by phone 
978-281-9265, by fax 978-281-9117, or by email at [email protected].
    To apply for this NOAA Federal funding opportunity, please go to 
http://www.grants.gov, and use the following funding opportunity 
 NMFS-NERO-2006-2000372.

Background

    Landings from such research trips may be sold to generate funds to 
help defray research costs. No Federal funds are provided for research 
under this notification. Rather, projects funded under the Monkfish RSA 
Program would be provided with additional opportunity to harvest 
monkfish, and the catch sold to generate income to offset research 
costs. Projects funded under an RSA DAS award must enhance the 
knowledge of the monkfish fishery resource or contribute to the body of 
information on which management decisions are made. The Councils and 
NMFS will give priority to funding research proposals in the following 
general subject areas: (1) Research concerning monkfish bycatch and 
discards; (2) research to minimize bycatch and interactions with sea 
turtles and other protected species; (3) research to minimize impacts 
of monkfish fishery on essential fish habitat (EFH), or other sensitive 
habitats; (4) research to establish an exempted monkfish trawl fishery 
in the Northern Fishery Management Area; (5) research on the biology or 
population structure and dynamics of monkfish; (6) tagging studies; (7) 
mesh and gear selectivity studies, including studies on gear 
efficiency; and (8) cooperative stock assessment surveys. Please note 
that the research subject areas listed above are not listed in order of 
priority.

Funding Availability

    No Federal funds are provided for research under this notification. 
Rather, 500 DAS (approximating 519 metric tons of whole monkfish 
landings) will be set aside for projects under the Monkfish RSA 
Program. This will provided additional opportunity to harvest monkfish, 
and to sell the additional catch to generate income to offset research 
costs. Projects funded under an RSA DAS award must enhance the 
knowledge of the monkfish fishery resource or contribute to the body of 
information on which management decisions are made. The Federal 
Government (i.e., NMFS) may issue an Exempted Fishing Permit (EFP), if 
needed, to provide special fishing privileges in response to research 
proposals selected under this program. For example, vessels 
participating in an approved research project may be authorized by the 
Northeast Regional Administrator, NMFS, to harvest monkfish in excess 
of established possession limits. Because this is the first year of the 
Monkfish RSA Program, information on the number of awards issued in 
previous fishing years, and the income generated from those awards, is 
not available.
    Funds generated from landings harvested and sold under the Monkfish 
RSA Program shall be used to cover the cost of research activities, 
including vessel costs. For example, the funds may be used to pay for 
gear modifications, monitoring equipment, the salaries of research 
personnel, or vessel operation costs. The Federal Government shall not 
be liable for any costs incurred in the conduct of the project. 
Specifically, the Federal Government is not liable for any costs 
incurred by the researcher or vessel owner should the sale of catch not 
fully reimburse the researcher or vessel owner for his/her expenses.

Statutory 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. 1881(c), 
respectively.
    The ability to set aside monkfish DAS for research purposes was 
established in the final rule implementing Amendment 2 to the Monkfish 
Fishery Management Plan (70 FR 21927, April 28, 2005), and codified in 
the regulations at 50 CFR 648.92(c).

CFDA Number

    In the Catalog of Federal Domestic Assistance, the program number 
is 11.454, and the program name is Unallied Management Projects.

Eligibility

    1. Eligible applicants include, but are not limited to, 
institutions of higher education, hospitals, other nonprofits, 
commercial organizations, individuals, state, local, and Native 
American tribal governments. Federal agencies and institutions are not 
eligible to receive Federal assistance under this notice. Additionally, 
employees of any Federal agency or Regional Fishery Management Council 
(Council) are ineligible to submit an application under this program. 
However, Council members who are not Federal employees may submit an 
application.
    2. DOC/NOAA supports cultural and gender diversity and encourages 
women and minority individuals and groups to submit applications to the 
RSA program. In addition, DOC/NOAA is strongly committed to broadening 
the participation of historically black colleges and universities, 
Hispanic serving institutions, tribal colleges and universities, and 
institutions that work in under served areas. DOC/NOAA encourages 
proposals involving any of the above institutions.
    3. DOC/NOAA encourages applications from members of the fishing 
community and applications that involve fishing community cooperation 
and participation.

Cost Sharing Requirements

    None required.

Evaluation and Selection Procedures

    NMFS will solicit written technical evaluations from the Council 
members who make up the Monkfish Research Set-Aside Committee 
(Committee) and from up to three or more appropriate private and public 
sector experts to determine the technical merit of the proposal and to 
provide a rank score of the project based on the criteria described in 
the Evaluation Criteria section of this document. Following completion 
of the technical evaluation, NMFS 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 the study 
methodology as a condition of project approval. No consensus 
recommendations will be made by the Committee members, technical 
experts, or by the review panel.

Evaluation Criteria

    1. Importance and/or relevance of the proposed project: This 
criterion ascertains whether there is intrinsic value in the proposed 
work and/or relevance to NOAA, Federal, regional, state or local 
activities. (25 points)
    2. Technical/scientific merit: This criterion assesses whether the 
approach is technically sound and/or innovative,

[[Page 54030]]

if the methods are appropriate, and whether there are clear project 
goals and objectives. (25 points)
    3. Overall qualifications of the project: This criterion assesses 
whether the applicant, and team members, possess the necessary 
education, experience, training, facilities and administrative 
resources to accomplish the project. (15 points)
    4. Project costs: This criterion evaluates the budget to determine 
if it is realistic and commensurate with the project needs and time 
frame. (25 points)
    5. Outreach and education: This criterion assesses whether the 
project involves a focused and effective education and outreach 
strategy regarding NOAA's mission to protect the Nation's natural 
resources. (10 points)
    The merit review ratings shall provide a rank order to the 
Selecting Official (the Northeast Regional Administrator) for final 
funding recommendations. A program officer may first make 
recommendations to the Selecting Official applying the selection 
factors. The Selecting Official shall award in the rank order unless 
the proposal is justified to be selected out of rank order based upon 
one or more of the following factors:
1. Availability of funding.
2. Balance/distribution of funds:
    a. Geographically
    b. By type of institutions
    c. By type of partners
    d. By research areas
    e. By project types
3. Whether this project duplicates other projects funded or considered 
for funding by NOAA or other Federal agencies.
4. Program priorities and policy factors.
5. Applicant's prior award performance.
    6. Partnerships and/or Participation of targeted groups.
7. Adequacy of information necessary to conduct a National 
Environmental Policy Act (NEPA) analysis and determination.
    Key program policy factors (see item 4 above) to be considered by 
the Selecting Official are: (1) the time of year the research 
activities are to be conducted; (2) the ability of the proposal to meet 
the applicable experimental fishing requirements; (3) redundancy of 
research projects; and (4) logistical concerns. Therefore, the highest 
scoring projects may not necessarily be selected for an award. All 
approved research must be conducted in accordance with provisions 
approved by NOAA, and provided in an EFP issued by NMFS. Unsuccessful 
applications will be returned to the submitter. Successful applications 
will be incorporated into the award document.
    For proposals that request exemptions from existing regulations 
(e.g., possession limits, closed areas, etc.), the impacts of the 
proposed exemptions must be analyzed. Any applicants who request 
regulatory exemptions that extend beyond the 500 DAS set-aside 
implemented in Amendment 2 may be required to adhere to the regulations 
governing the issuance of an EFP by NMFS. As appropriate, NMFS will 
consult with the Councils 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. No research or usage of 
research DAS will be allowed until NMFS notifies the applicant that the 
applicant's EFP request is approved.

NEPA Requirements

    NOAA must analyze the potential environmental impacts, as required 
by 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 the 
description of 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). The impacts 
of the 500 DAS set-aside were analyzed in the Final Supplemental Impact 
Statement prepared for Amendment 2. Therefore, if the applicant does 
not request additional regulatory exemptions beyond the use of research 
DAS, additional NEPA analysis may not be required. However, if the 
research proposal requests exemptions from regulations that extend 
beyond the 500 DAS set-aside, applicants may be required to provide 
additional specific information that will serve as the basis for any 
required impact analyses. Applicants may also be requested to assist 
NOAA in drafting an environmental assessment if NOAA determines such an 
assessment 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 associated with 
their proposed research activity. The failure to do so shall be grounds 
for the denial of an application.

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 December 30, 2004 (69 FR 78389), are applicable to this 
solicitation.

Reporting Requirements

    Recipients will be required to submit the following financial and 
performance (technical) reports. These reports are to be submitted 
electronically unless the recipient does not have Internet access, in 
which case hard copy submissions will be accepted. Financial Status 
Reports (SF-269 and SF-272) are required to be submitted to the Grants 
Officer semi-annually. Performance or progress reports are required to 
be submitted to the NOAA Program Officer semi-annually. The final 
report is due 90 days after the award expiration.

Universal Identifier

    Applicants should be aware that they are required to provide a Dun 
and Bradstreet Data Universal Numbering System (DUNS) number during the 
application process. See the October 30, 2002 (67 FR 66177), Federal 
Register for additional information. Organizations can receive a DUNS 
number at no cost by calling the dedicated toll-free DUNS Number 
request line at 1-866-705-5711 or via the internet (http://www.dunandbradstreet.com).

Executive Order 12372

    Applications under this program are subject to Executive Order 
12372 ``Intergovernmental Review of Federal Programs.''

Limitation of Liability

    Funding for programs listed in this notice is contingent upon the 
availability of Fishing Year 2005 Monkfish RSA DAS. In no event will 
NOAA or DOC be responsible for application preparation costs if these 
programs fail to receive a DAS award or

[[Page 54031]]

are cancelled because of other agency priorities. Publication of this 
announcement does not oblige NOAA to award any specific project or to 
obligate any available funds. The Department of Commerce Pre-Award 
Notification Requirements for Grants and Cooperative Agreements 
contained in the Federal Register notice of December 30, 2004 (69 FR 
78389), are applicable to this solicitation.

Paperwork Reduction Act (PRA)

    This document contains collection-of-information requirements 
subject to the PRA. The use of Standard Forms 424, 424A, 424B, SF-LLL, 
269, 272, and CD-346 has been approved by the Office of Management and 
Budget (OMB) under the respective control numbers 0348-0043, 0348-0044, 
0348-0040, 0348-0046, 0348-0039, 0348-0003, 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 comment are not required 
by the Administrative Procedure Act or any other law for rules 
concerning public property, loans, grants, benefits, and contracts (5 
U.S.C. 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. 601 et seq.) 
do not apply. Therefore, a regulatory flexibility analysis has not been 
prepared.

    Dated: September 7, 2005.
James W. Balsiger,
Acting Deputy Assistant Administrator for Regulatory Programs, National 
Marine Fisheries Service.
[FR Doc. 05-18087 Filed 9-12-05; 8:45 am]
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