2006 Mid-Atlantic Fishery Management Council Set-Aside Program, 20104-20107 [05-7722]
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20104
Federal Register / Vol. 70, No. 73 / Monday, April 18, 2005 / Notices
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On December 10, 2001, the
Department of Commerce (the
Department) published a countervailing
duty order on honey from Argentina.
See Notice of Countervailing Duty
Orders: Honey from Argentina, 66 FR
63673 (December 10, 2001). On
December 30, 2004, Petitioners
requested an administrative review of
the countervailing duty order for honey
from Argentina produced/exported
during the period January 1, 2004,
through December 31, 2004. In
accordance with 19 CFR
351.221(c)(1)(i), we published a notice
of initiation of the review on January 31,
2004. See Initiation Notice. On February
22, 2005, Petitioners withdrew their
request for review.
Rescission of Countervailing Duty
Administrative Review
The Department’s regulations at 19
CFR 351.213(d)(1) provide that the
Department will rescind an
administrative review if a party that
requested a review withdraws the
request within 90 days of the date of
publication of the notice of initiation of
the requested review. Petitioners
withdrew their request for an
administrative review on February 22,
2005, which is within the 90-day
deadline. No other party requested a
review of the order. Therefore, the
Department is rescinding this
administrative review for the period
January 1, 2004, through December 31,
2004.
The Department will instruct U.S.
Customs and Border Protection (CBP) to
liquidate shipments of honey from
Argentina entered, or withdrawn from
warehouse, for consumption on or after
January 1, 2004 and on or before
December 31, 2004 at the cash deposit
rate in effect on the date of entry.
Notification
This notice also serves as a reminder
to parties subject to administrative
protective orders (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3) of the
Department’s regulations. Timely
written notification of the return/
destruction of APO material or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation which is subject to
sanctions.
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This notice is issued and published in
accordance with 19 CFR 351.213(d)(4)
and sections 751(a)(1) and 777(i)(1) of
the Tariff Act of 1930, as amended.
Dated: April 11, 2005.
Barbara E. Tillman,
Acting Deputy Assistant Secretary for Import
Administration.
[FR Doc. E5–1811 Filed 4–15–05; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
the Government of Mexico established
Rules of Procedure for Article 1904
Binational Panel Reviews (‘‘Rules’’).
These Rules were published in the
Federal Register on February 23, 1994
(59 FR 8686). The panel review in this
matter was requested and stayed
pursuant to these Rules. The previous
notice of stay is withdrawn.
Dated: April 12, 2005.
Caratina L. Alston,
United States Secretary, NAFTA Secretariat.
[FR Doc. E5–1801 Filed 4–15–05; 8:45 am]
BILLING CODE 3510–P
North American Free Trade Agreement
(NAFTA), Article 1904 Binational Panel
Reviews: Corrected Notice of Stay of
Panel Review
DEPARTMENT OF COMMERCE
NAFTA Secretariat, United
States Section, International Trade
Administration, Department of
Commerce.
ACTION: Corrected Notice of Stay of the
Determination Under Section 129(a)(4)
of the Uruguay Round Agreements Act
made by the International Trade
Commission, respecting Softwood
Lumber Products from Canada
(Secretariat File No. USA–CDA–2005–
1904–03).
[Docket No. 050318079–5079–01; I.D.
041205E]
SUMMARY: Pursuant to the Notice of
Consent Motion to Stay Panel
Proceedings by the complainants, the
panel review is stayed pending the
outcome of the ongoing Extraordinary
Challenge Committee proceeding. A
panel has not been appointed to this
panel review. This panel review is
stayed as of March 22, 2005. The
previous notice is withdrawn.
FOR FURTHER INFORMATION CONTACT:
Caratina L. Alston, United States
Secretary, NAFTA Secretariat, Suite
2061, 14th and Constitution Avenue,
Washington, DC 20230, (202) 482–5438.
SUPPLEMENTARY INFORMATION: Chapter
19 of the North American Free-Trade
Agreement (‘‘Agreement’’) establishes a
mechanism to replace domestic judicial
review of final determinations in
antidumping and countervailing duty
cases involving imports from a NAFTA
country with review by independent
binational panels. When a Request for
Panel Review is filed, a panel is
established to act in place of national
courts to review expeditiously the final
determination to determine whether it
conforms with the antidumping or
countervailing duty law of the country
that made the determination.
Under Article 1904 of the Agreement,
which came into force on January 1,
1994, the Government of the United
States, the Government of Canada and
SUMMARY: NMFS announces that for
fishing year 2006 (January 1- December
31, 2006) the Mid-Atlantic Fishery
Management Council (Council) may set
aside up to 3 percent of the total
allowable landings (TAL) in certain
Mid-Atlantic fisheries to be used for
research endeavors under a research setaside (RSA) program. 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. Projects funded
under an RSA allocation (or award)
must enhance the understanding of the
fishery resource or contribute to the
body of information on which
management decisions are made.
DATES: Applications must be received
on or before 5 p.m. eastern standard
time on May 18, 2005.
ADDRESSES: Electronic application
submissions must be transmitted on-line
through https://www.grants.gov. Paper
applications must be sent to NMFS,
Northeast Regional Office, One
Blackburn Drive, Gloucester, MA 01930.
Complete information about this
program and application instructions
are contained in the Federal Funding
Opportunity notice at https://
www.grants.gov.
FOR FURTHER INFORMATION CONTACT:
Additional information may be obtained
AGENCY:
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National Oceanic and Atmospheric
Administration
RIN 0648–AS32
2006 Mid-Atlantic Fishery Management
Council Set-Aside Program
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration,
Commerce.
ACTION: Notice.
AGENCY:
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Federal Register / Vol. 70, No. 73 / Monday, April 18, 2005 / Notices
from: Daniel Furlong, Executive
Director, Mid-Atlantic Fishery
Management Council, by phone 302–
674–2331 ext. 19, or by fax 302–674–
5399; Shannon Lyons, Assistant Fishery
Plan Coordinator, Mid-Atlantic Fishery
Management Council, by phone 302–
674–2331 ext. 11, or by email at
slyons@mafmc.org; or Paul Perra,
Fishery Policy Analyst, NMFS,
Northeast Regional Office, One
Blackburn Drive, Gloucester, MA 01930,
by phone 978–281–9153, by fax 978–
281–9135, or by e-mail at
paul.perra@noaa.gov.
SUPPLEMENTARY INFORMATION:
Electronic Access:
Application information is available
at 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 https://
www.rdc.noaa.gov/%7Egrants/
appkit.html under the title ‘‘Grants
Management Division- Application
Toolkit.’’ Applicants without Internet
access can contact Rich Maney, NMFS,
Northeast Regional Office, One
Blackburn Drive, Gloucester, MA 01930,
or by phone 978–281–9265, by fax 978–
281–9117, or by e-mail at
rich.maney@noaa.gov.
Program Description
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 are sold to
generate funds that help defray the costs
associated with research projects. No
Federal funds are provided for research
under this notification. NMFS and the
Council will give priority to funding
research proposals in the following
general subject areas: (1) Bycatch and
discard reduction; (2) mesh and gear
selectivity; (3) fishing impact on habitat;
(4) cooperative stock assessment
surveys; (5) improved recreational
fishery data; (6) tagging studies; and (7)
other research relevant to the MidAtlantic fisheries as further discussed in
the full funding opportunity
announcement, found at the Grants.Gov
web site.
Funding Availability
No Federal funds are provided for
research under this notification, but
rather the opportunity to fish with the
catch sold to generate income. The
Federal Government may issue an
Experimental 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. The Federal Government shall
not be liable for any costs incurred in
the conduct of the project. In the past
two to five awards have been issued.
During the 2004 fishing year, the
income generated ranged from $37,210
to $227,507, with an average of
$120,652.
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 may 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.
The Council, in consultation with the
Atlantic States Marine Fisheries
Commission, will incorporate the level
of RSA (amounts or percentages) for
each of the set-aside species for the 2006
fishing year into the Council’s
recommendations for annual quota
specifications. NMFS will consider the
recommended level of RSA as part of
the associated rulemaking process.
The actual level of RSA quota
available to applicants for the 2006
fishing year will depend on the TAL
level specified by the Council at its
quota-setting meetings in June and
August 2005, and the percentage (0 to 3
percent) of the TAL recommended by
the Council and approved by NMFS as
the level of RSA available for 2006.
To help researchers develop proposals
for the 2006 fishing year, the Table 1
(below) provides guidance on the
general magnitude of RSA and
estimated values that a researcher might
expect to be available for fishing year
2006. Table 1 is based on proposed RSA
levels available and the actual allocated
RSA amounts for these fisheries for the
2005 fishing year. The table is intended
only as a guide, to be used when
developing research proposals for the
2006 fishing year; it does not necessarily
reflect the actual RSA quota that will be
allocated for fishing year 2006. Based on
Council recommendations, NMFS may
choose to adopt less than 3 percent of
TAL as a set-aside, or 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 RSA for tilefish at zero until a
completed stock assessment exists.
However, tilefish RSA projects may be
considered upon the completion of a
stock assessment and/or by utilizing
RSA quota from other species. The 2006
final specifications used to determine
the amount of set-aside for each species
will be published separately.
TABLE 1. EXAMPLES OF RSA AMOUNTS BASED ON 2005 FMP SPECIFICATIONS
Allocation Species
Amount Available* (lb)
2005 RSA Amount (lb)
Summer Flounder
909,000
Scup
495,000
Black Sea Bass
246,000
Loligo Squid
1,124,357
Illex Squid
1,797,328
Atlantic Mackerel
7,605,948
Butterfish
111,179
Bluefish
925,590
Tilefish
0
*Amount available based on proposed 2005 FMP specifications.
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2005 RSA Est. Value
353,917
303,675
109,500
502,350
none requested
none requested
none requested
363,677
0
Sfmt 4703
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18APN1
$569,806
$182,205
$221,190
$378,250
NA
NA
NA
$105,466
NA
20106
Federal Register / Vol. 70, No. 73 / Monday, April 18, 2005 / Notices
Projects funded under an RSA
allocation (or award) must enhance
understanding of the fishery resource or
contribute to the body of information on
which management decisions are made.
Research and additional fishing 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 time frame of a
commercial quota closure, and onboard
a fishing or other type of vessel
including recreational and/or
commercial vessels.
The Council and NMFS will give
priority to funding research proposals in
areas identified as research priorities by
the Council and Atlantic States Marine
Fisheries Commission (Commission) for
the 2006 fishing year.
Statutory Authority
Grants are issued pursuant to 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.
Eligibility
Eligible applicants are 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 are ineligible to
submit an application under this
program. However, Council members
who are not Federal employees may
submit an application.
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 underserved areas. DOC/NOAA
encourages proposals involving any of
the above institutions.
DOC/NOAA encourages applications
from members of the fishing community
and applications that involve fishing
community cooperation and
participation.
Cost Sharing Requirements
None required.
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2. Balance/distribution of funds:
a. Geographically
NMFS will solicit written technical
b. By type of institutions
evaluations from the Council members
who make up the Research Set-Aside
c. By type of partners
Committee (Committee) and three or
d. By research areas
more appropriate private and public
e. By project types
sector experts to determine the technical
3. Whether this project duplicates
merit of the proposal and to provide a
other projects funded or considered for
rank score of the project based on the
funding by NOAA or other federal
criteria described in the Evaluation
agencies.
Criteria section of this document.
4. Program priorities and policy
Following completion of the technical
factors.
evaluation, NMFS will convene a
review panel, including the Committee
5. Applicant’s prior award
and technical experts, to review and
performance.
individually critique the scored
6. Partnerships and/or participation of
proposals to enhance NOAA’s
targeted groups.
understanding of the proposals. Initial
7. Adequacy of information necessary
successful applicants may be required,
to conduct a NEPA analysis and
in consultation with NMFS, to further
determination.
refine/modify the study methodology as
Key program policy factors (see 4
a condition of project approval. No
above) to be considered by the Selecting
consensus recommendations will be
Official are: (1) The time of year the
made by the Committee members,
research activities are to be conducted;
technical experts, or by the review
(2) the ability of the proposal to meet
panel.
the applicable experimental fishery
Evaluation Criteria
requirements; (3) redundancy of
1. Importance and/or relevance of the research projects; and (4) logistical
concerns. Therefore, the highest scoring
proposed project: This criterion
projects may not necessarily be selected
ascertains whether there is intrinsic
for an award. All approved research
value in the proposed work and/or
must be conducted in accordance with
relevance to NOAA, Federal, regional,
provisions approved by NOAA and
state or local activities. (25 points)
provided in an LOA or EFP issued by
2. Technical/scientific merit: This
criterion assesses whether the approach NMFS. Unsuccessful applications will
be returned to the submitter. Successful
is technically sound and/or innovative,
applications will be incorporated into
if the methods are appropriate, and
whether there are clear project goals and the award document.
For proposals that request exemptions
objectives. (25 points)
3. Overall qualifications of the project: from existing regulations (e.g.,
possession limits, closed seasons), the
This criterion assesses whether the
impacts of the proposed exemptions
applicant, and team members, possess
must be analyzed. The Council will
the necessary education, experience,
analyze these impacts as part of the
training, facilities and administrative
resources to accomplish the project. (15 impacts of the proposed specifications
for the upcoming fishing year in the
points)
annual quota specification packages it
4. Project costs: This criterion
submits to NMFS. However, those
evaluates the budget to determine if it
individuals with proposals that include
is realistic and commensurate with the
vessel activities extending beyond the
project needs and time frame. (25
scope of the analysis provided by the
points)
Council may be required to provide
5. Outreach and education: This
additional analysis before issuance of an
criterion assesses whether the project
EFP. Applicants who request regulatory
involves a focused and effective
exemptions beyond the scope of the
education and outreach strategy
Council analysis may be required to
regarding NOAA’s mission to protect
adhere to the regulations governing the
the Nation’s natural resources. (10
issuance of an EFP by NMFS. As
points)
The merit review ratings shall provide appropriate, NMFS will consult with
a rank order to the Selecting Official for the Council and successful applicants to
secure the information required for
final funding recommendations. The
granting an exemption if issuance of an
Selecting Official shall award in the
EFP is necessary for the research to be
rank order unless the proposal is
justified to be selected out of rank order conducted. No research or RSA harvest
based upon one or more of the following quota will be allowed until NMFS
notifies the applicant that the
factors:
applicant’s EFP request is approved.
1. Availability of funding.
Evaluation and Selection Procedures
Program Priorities
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Federal Register / Vol. 70, No. 73 / Monday, April 18, 2005 / Notices
National Environmental Policy Act
(NEPA)
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:
https://www.nepa.noaa.gov/ including
our NOAA Administrative Order 216–6
for NEPA, https://www.nepa.noaa.gov/
NAO216l6lTOC.pdf and the Council
on Environmental Quality
implementation regulations, https://
ceq.eh.doe.gov/nepa/regs/ceq/
toclceq.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 nonindigenous species, impacts to
endangered and threatened species,
aquaculture projects, and impacts to
coral reef systems). NEPA analysis for
RSA projects is normally conducted by
the Council through the Council’s
annual fishery management
specifications process for RSA species.
If the Council’s NEPA analysis is not
adequate, 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 of an environmental
assessment, if NOAA determines 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 of their proposal. The failure to
do so shall be grounds for the denial of
an application.
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 https://
www.dunandbradstreet.com.
Executive Order 12372
Applications under this program are
subject to Executive Order 12372
‘‘Intergovernmental Review of Federal
Programs.’’
Funding for programs listed in this
notice is contingent upon the
availability of Fiscal Year 2005
appropriations. In no event will NOAA
or the Department of Commerce be
responsible for application preparation
costs if these programs fail to receive
funding or 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.
Paperwork Reduction Act
This document contains collection-ofinformation requirements subject to the
Paperwork Reduction Act (PRA). The
use of Standard Forms 424, 424A, 424B,
SF-LLL, 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, 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)
The Department of Commerce PreAward 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.
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
Applicants should be aware that, they
are required to provide a Dun and
Bradstreet Data Universal Numbering
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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.) are
inapplicable. Therefore, a regulatory
flexibility analysis has not been
prepared.
Dated: April 13, 2005.
John Oliver,
Deputy Assistant Administrator for
Operations, National Marine Fisheries
Service.
[FR Doc. 05–7722 Filed 4–15–05; 8:45 am]
BILLING CODE 3510–22–S
Limitation of Liability
Pre-Award Notification Requirements
for Grants and Cooperative Agreements
Universal Identifier
20107
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
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CONSUMER PRODUCT SAFETY
COMMISSION
[CPSC Docket No. 05–C0008]
Nautilus, Inc., Provisional Acceptance
of a Settlement Agreement and Order
Consumer Product Safety
Commission.
ACTION: Notice.
AGENCY:
SUMMARY: It is the policy of the
Commission to publish settlements
which it provisionally accepts under the
Consumer Product Safety Act in the
Federal Register in accordance with the
terms of 16 CFR 1118.20(e). Published
below is a provisionally-accepted
Settlement Agreement with Nautilus,
Inc., containing a civil penalty of
$950,000.00.
Any interested person may ask
the Commission not to accept this
agreement or otherwise comment on its
contents by filing a written request with
the Office of the Secretary by May 3,
2005.
DATES:
Persons wishing to
comment on this Settlement Agreement
should send written comments to the
Comment 05–C0008, Office of the
Secretary, Consumer Product Safety
Commission, Washington, DC 20207.
FOR FURTHER INFORMATION CONTACT:
Dennis C. Kacoyanis, Trial Attorney,
Office of Compliance, Consumer
Product Safety Commission,
Washington, DC 20207; telephone (301)
504–7587.
SUPPLEMENTARY INFORMATION: The text of
the Agreement and Order appears
below.
ADDRESSES:
Dated: April 4, 2005.
Todd A. Stevenson,
Secretary.
In the Matter of Nautilus, Inc.
Settlement Agreement and Order
1. This Settlement Agreement is made
by and between the staff (‘‘the staff’’) of
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]]>Agencies
[Federal Register Volume 70, Number 73 (Monday, April 18, 2005)]
[Notices]
[Pages 20104-20107]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-7722]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[Docket No. 050318079-5079-01; I.D. 041205E]
RIN 0648-AS32
2006 Mid-Atlantic Fishery Management Council Set-Aside Program
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration, Commerce.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: NMFS announces that for fishing year 2006 (January 1- December
31, 2006) the Mid-Atlantic Fishery Management Council (Council) may set
aside up to 3 percent of the total allowable landings (TAL) in certain
Mid-Atlantic fisheries to be used for research endeavors under a
research set-aside (RSA) program. 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. Projects funded under an RSA
allocation (or award) must enhance the understanding of the fishery
resource or contribute to the body of information on which management
decisions are made.
DATES: Applications must be received on or before 5 p.m. eastern
standard time on May 18, 2005.
ADDRESSES: Electronic application submissions must be transmitted on-
line through https://www.grants.gov. Paper applications must be sent to
NMFS, Northeast Regional Office, One Blackburn Drive, Gloucester, MA
01930. Complete information about this program and application
instructions are contained in the Federal Funding Opportunity notice at
https://www.grants.gov.
FOR FURTHER INFORMATION CONTACT: Additional information may be obtained
[[Page 20105]]
from: Daniel Furlong, Executive Director, Mid-Atlantic Fishery
Management Council, by phone 302-674-2331 ext. 19, or by fax 302-674-
5399; Shannon Lyons, Assistant Fishery Plan Coordinator, Mid-Atlantic
Fishery Management Council, by phone 302-674-2331 ext. 11, or by email
at slyons@mafmc.org; or Paul Perra, Fishery Policy Analyst, NMFS,
Northeast Regional Office, One Blackburn Drive, Gloucester, MA 01930,
by phone 978-281-9153, by fax 978-281-9135, or by e-mail at
paul.perra@noaa.gov.
SUPPLEMENTARY INFORMATION:
Electronic Access:
Application information is available at 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
https://www.rdc.noaa.gov/%7Egrants/appkit.html under the title ``Grants
Management Division- Application Toolkit.'' Applicants without Internet
access can contact Rich Maney, NMFS, Northeast Regional Office, One
Blackburn Drive, Gloucester, MA 01930, or by phone 978-281-9265, by fax
978-281-9117, or by e-mail at rich.maney@noaa.gov.
Program Description
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 are sold to generate
funds that help defray the costs associated with research projects. No
Federal funds are provided for research under this notification. NMFS
and the Council will give priority to funding research proposals in the
following general subject areas: (1) Bycatch and discard reduction; (2)
mesh and gear selectivity; (3) fishing impact on habitat; (4)
cooperative stock assessment surveys; (5) improved recreational fishery
data; (6) tagging studies; and (7) other research relevant to the Mid-
Atlantic fisheries as further discussed in the full funding opportunity
announcement, found at the Grants.Gov web site.
Funding Availability
No Federal funds are provided for research under this notification,
but rather the opportunity to fish with the catch sold to generate
income. The Federal Government may issue an Experimental 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. The Federal Government shall not be liable
for any costs incurred in the conduct of the project. In the past two
to five awards have been issued. During the 2004 fishing year, the
income generated ranged from $37,210 to $227,507, with an average of
$120,652.
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 may 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.
The Council, in consultation with the Atlantic States Marine
Fisheries Commission, will incorporate the level of RSA (amounts or
percentages) for each of the set-aside species for the 2006 fishing
year into the Council's recommendations for annual quota
specifications. NMFS will consider the recommended level of RSA as part
of the associated rulemaking process.
The actual level of RSA quota available to applicants for the 2006
fishing year will depend on the TAL level specified by the Council at
its quota-setting meetings in June and August 2005, and the percentage
(0 to 3 percent) of the TAL recommended by the Council and approved by
NMFS as the level of RSA available for 2006.
To help researchers develop proposals for the 2006 fishing year,
the Table 1 (below) provides guidance on the general magnitude of RSA
and estimated values that a researcher might expect to be available for
fishing year 2006. Table 1 is based on proposed RSA levels available
and the actual allocated RSA amounts for these fisheries for the 2005
fishing year. The table is intended only as a guide, to be used when
developing research proposals for the 2006 fishing year; it does not
necessarily reflect the actual RSA quota that will be allocated for
fishing year 2006. Based on Council recommendations, NMFS may choose to
adopt less than 3 percent of TAL as a set-aside, or 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 RSA for tilefish at zero until a
completed stock assessment exists. However, tilefish RSA projects may
be considered upon the completion of a stock assessment and/or by
utilizing RSA quota from other species. The 2006 final specifications
used to determine the amount of set-aside for each species will be
published separately.
Table 1. Examples of RSA Amounts Based on 2005 FMP Specifications
Allocation Amount Available* 2005 RSA Amount 2005 RSA Est.
Species (lb) (lb) Value
Summer Flounder 909,000 353,917 $569,806
Scup 495,000 303,675 $182,205
Black Sea Bass 246,000 109,500 $221,190
Loligo Squid 1,124,357 502,350 $378,250
Illex Squid 1,797,328 none requested NA
Atlantic Mackerel 7,605,948 none requested NA
Butterfish 111,179 none requested NA
Bluefish 925,590 363,677 $105,466
Tilefish 0 0 NA
*Amount available based on proposed 2005 FMP specifications.
[[Page 20106]]
Program Priorities
Projects funded under an RSA allocation (or award) must enhance
understanding of the fishery resource or contribute to the body of
information on which management decisions are made. Research and
additional fishing 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 time frame of a commercial quota closure,
and onboard a fishing or other type of vessel including recreational
and/or commercial vessels.
The Council and NMFS will give priority to funding research
proposals in areas identified as research priorities by the Council and
Atlantic States Marine Fisheries Commission (Commission) for the 2006
fishing year.
Statutory Authority
Grants are issued pursuant to 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.
Eligibility
Eligible applicants are 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 are ineligible to submit an application
under this program. However, Council members who are not Federal
employees may submit an application.
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 underserved areas. DOC/NOAA encourages
proposals involving any of the above institutions.
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 Research Set-Aside Committee (Committee) and
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, 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 for final funding recommendations. 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 NEPA analysis and
determination.
Key program policy factors (see 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 fishery 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 LOA or 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 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 extending beyond the scope of the analysis provided by the
Council may be required to provide additional analysis before issuance
of an EFP. Applicants who request regulatory exemptions beyond the
scope of the Council analysis may be required to adhere to the
regulations governing the issuance of an EFP by NMFS. 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. No research or RSA
harvest quota will be allowed until NMFS notifies the applicant that
the applicant's EFP request is approved.
[[Page 20107]]
National Environmental Policy Act (NEPA)
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: https://www.nepa.noaa.gov/ including our
NOAA Administrative Order 216-6 for NEPA, https://www.nepa.noaa.gov/
NAO216_6_TOC.pdf and the Council on Environmental Quality
implementation regulations, https://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). NEPA analysis for RSA projects is normally conducted by the
Council through the Council's annual fishery management specifications
process for RSA species. If the Council's NEPA analysis is not
adequate, 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
of an environmental assessment, if NOAA determines 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 of their proposal. 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.
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 https://
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 Fiscal Year 2005 appropriations. In no event will NOAA
or the Department of Commerce be responsible for application
preparation costs if these programs fail to receive funding or 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.
Paperwork Reduction Act
This document contains collection-of-information requirements
subject to the Paperwork Reduction Act (PRA). The use of Standard Forms
424, 424A, 424B, SF-LLL, 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, 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.)
are inapplicable. Therefore, a regulatory flexibility analysis has not
been prepared.
Dated: April 13, 2005.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine
Fisheries Service.
[FR Doc. 05-7722 Filed 4-15-05; 8:45 am]
BILLING CODE 3510-22-S
