2008 Sea Scallop Research Set-Aside Program, 9296-9299 [E8-3142]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 73, Number 34 (Wednesday, February 20, 2008)]
[Notices]
[Pages 9296-9299]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-3142]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[Docket No. 080211154-8161-01]
RIN 0648-XF53


2008 Sea Scallop Research Set-Aside Program

AGENCY: Northeast Fisheries Science Center Program Office (NEFSC), 
National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of funding availability.

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SUMMARY: NMFS requests scallop research proposals to utilize total 
allowable catch (TAC) and Days-at-Sea (DAS) that have been set aside by 
the New England Fishery Management Council (Council) to fund scallop 
research endeavors under the 2008 Atlantic Sea Scallop Research Set-
Aside Program (Scallop RSA Program). No Federal funds are provided for 
research under this notification. Rather, the Scallop RSA Program funds 
scallop research and compensates participating vessels through the sale 
of scallops harvested under the research set-aside quota. Priority will 
be given to research proposals that address the following research 
priorities as identified by NMFS and the Council: Intensive industry-
based access area surveys; Other surveys, including areas not surveyed 
by the annual NMFS survey; Scallop biology; Identification and 
evaluation of methods to reduce groundfish bycatch; Identification and 
evaluation of methods to reduce habitat impacts; Habitat 
characterization research; Sea turtle/scallop fishery interaction 
research; Scallop stock assessment and population dynamics research; 
Area management research; and Research that will facilitate the 
transition of the NFMS Northeast scallop dredge survey.

DATES: Full proposals must be received by 5 p.m., eastern standard 
time, on March 21, 2008.

ADDRESSES: Application information is available at https://
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.ago.noaa.gov/grants/
appkit.shtml. Delays may be experienced when registering with Grants 
On-line near the end of a solicitation period. Therefore, NOAA strongly 
recommends that you do not wait until the application deadline date to 
begin the application process through Grants.gov. Applicants without 
Internet access may contact Cheryl Corbett, NMFS, Northeast Fisheries 
Science Center, 166 Water Street, Woods Hole, MA 02543, by phone 508-
495-2070, fax 508-495-2004, or email cheryl.corbett@noaa.gov. To apply 
for this NOAA Federal funding opportunity, please go to https://
www.grants.gov, and use the following funding opportunity  
NMFS-NEFSC-2008-2001277.

FOR FURTHER INFORMATION CONTACT: Information may be obtained from 
Deirdre Boelke, New England Fishery Management Council, by phone (978) 
465-0492, fax (978) 465-3116, or e-mail dboelke@nefmc.org, from Cheryl 
Corbett, NMFS, Northeast Fisheries Science Center, by phone 508-495-
2070, fax 508-495-2004, or email cheryl.corbett@noaa.gov, or from Ryan 
Silva, NMFS, Northeast Regional Office, by phone (978) 281-9326, fax 
(978) 281-9135, or email ryan.silva@noaa.gov.

SUPPLEMENTARY INFORMATION: Framework 19 to the Fishery Management Plan 
(FMP), establishes scallop fishery management measures for the 2008 and 
2009 fishing years. As part of the management measures, Framework 19 
allows NMFS to utilize total allowable catch (TAC) and Days-at-Sea 
(DAS) to fund scallop research endeavors under the 2008 Atlantic Sea 
Scallop Research Set-Aside Program (Scallop RSA Program). No Federal 
funds are provided for research under this notification. Rather, the 
Scallop RSA Program funds scallop research and compensates 
participating vessels through the sale of scallops harvested under the 
research set-aside quota. Priority will be given to research proposals 
that address the following research priorities as identified by NMFS 
and the Council: (1) Intensive industry-based access area surveys; (2) 
Other surveys, including areas not surveyed by the annual NMFS survey; 
(3) Scallop biology; (4) Identification and evaluation of methods to 
reduce groundfish bycatch; (5) Identification and evaluation of methods 
to reduce habitat impacts; (6) Habitat characterization research; (7) 
Sea turtle/scallop fishery interaction research; (8) Scallop stock 
assessment and population dynamics research; (9) Area management 
research; and (10) Research that will facilitate the transition of the 
NFMS Northeast scallop dredge survey.
    Framework 19 landings per unit effort and economic impact analyses 
were used to establish a value on the proposed DAS and TAC set-asides. 
Framework 19 projects the average price per pound of scallops in the 
2008 fishing year to be between $7.70 and $8.47. The average daily open 
area catch rate for the 2008 scallop fishing year (March 1, 2008 - 
February 28, 2009) is projected to be 1,176 lb (533 kg) per DAS. Using 
the more conservative price estimate of $7.70, the DAS and TAC set 
aside values as currently proposed by Framework 19 are estimated as 
follows: (1) The DAS set-aside for the open fishing areas is 235 DAS 
with a value of $2,127,972; (2) the research TAC set-aside for the 
Nantucket Lightship Closed Area (NLCA) would be 110,000 lb (50 metric 
tons (mt)), with a value of $847,000; and (3) the research TAC set-
aside from the Elephant Trunk Scallop Access Area (ETAA) would be 
440,000 lb (200 mt), with a value of $3,388,000. Thus, for fishing year 
2008, the total value of the set-asides available for scallop-related 
research is approximately $6,362,972 (33 percent

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from the open area DAS set-aside, 13 percent from the NLCA, 53 percent 
from the ETAA). Researchers must specify the amount of set-aside (TAC 
or DAS, as appropriate) sought from each area.
    ELECTRONIC ACCESS: The full text of the full funding opportunity 
announcement for this program can be accessed via the Grants.gov web 
site at https://www.grants.gov. The announcement will also be available 
by contacting the program officials identified under FOR FURTHER 
INFORMATION CONTACT. Applicants must comply with all requirements 
contained in the full funding opportunity announcement.
    STATUTORY AUTHORITY: Statutory authority for this program is 
provided under 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. Statutory 
authority for entering into cooperative agreements and other financial 
agreements with nonprofit organizations is found at 15 U.S.C. 1540. The 
ability to set aside scallop TAC and DAS is authorized through the 
scallop FMP.
    CFDA: 11.454, Unallied Management Projects
    FUNDING AVAILABILITY: No Federal funds are provided for sea scallop 
research under this notice. Funds are generated through the sale of 
set-aside scallops. The Federal government will issue Letters of 
Authorization (LOAs) that provide special fishing privileges in 
response to sea scallop research proposals selected to participate in 
the 2008 Scallop RSA Program. Funds generated from RSA landings shall 
be used to cover the cost of the research activities, including vessel 
costs, and to compensate vessels for expenses incurred during the 
collection of set-aside scallops. For example, these funds could be 
used to pay for gear modifications, monitoring equipment, additional 
provisions (e.g., fuel, ice, food for scientists) or the salaries of 
research personnel. The Federal Government is not liable for any costs 
incurred by the researcher or vessel owner. Any additional funds 
generated through the sale of set-aside scallops above the cost of the 
research activities shall be retained by the vessel owner as 
compensation for the use of his/her vessel.
    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 underserved 
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: The general evaluation 
criteria and selection factors that apply to full applications to this 
funding opportunity are summarized below. The evaluation criteria for 
full applications will have different weights and details. Further 
information about the evaluation criteria and selection factors can be 
found in the full funding opportunity announcement.
    EVALUATION CRITERIA FOR PROJECTS: The review panel convened by NMFS 
to evaluate proposals submitted in response to this request for 
proposals (see the Review and Selection Process section of this 
document), will evaluate proposals by assigning scores up to the 
maximum indicated for each of the following criteria:
    1. Importance and/or relevance and applicability 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. For the 2008 Scallop RSA Program, provide a clear 
definition of the problem, need, issue, or hypothesis to be addressed. 
The proposal should describe its relevance to RSA program priorities 
and detail how the data gathered from the research will be used to 
enhance the understanding of the fishery resource or contribute to the 
body of information on which management decisions are made. (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. 
For the 2008 RSA Program, proposals should provide a clear definition 
of the approach to be used, including descriptions of field work, 
theoretical studies, and laboratory analysis to support the proposed 
research. (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. For the 2008 RSA Program, proposals should 
provide adequate justification as to how the project is likely to 
achieve its stated objectives. Projects should demonstrate support, 
cooperation, and/or collaboration with the fishing industry. (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. For the 2008 RSA program, cost-effectiveness of the project will 
be considered. (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 Nations natural 
resources. For the 2008 RSA Program, proposals should provide 
identification of anticipated benefits, potential users, likelihood of 
success, and methods of disseminating results. (10 points)
    REVIEW AND SELECTION PROCESS: At the request of NOAA, applications 
may be reviewed and evaluated by the Council before they are submitted 
to NOAA, or, if not first reviewed by the Council, reviewed by the 
Technical Review Team convened by NOAA, which consist of NOAA Scientist 
and related Industry experts.
    Both the Council review and the NOAA review are included to allow 
the Council to retain its responsibility to consider research in 
fishery management plans and to allow NOAA to conduct the reviews if 
the overall Council process prohibits their review in a timely manner. 
If the Council is requested to review the proposals, the proposals will 
be reviewed in a public meeting process by representatives of the 
Council, based on the criteria described in the Evaluation Criteria 
section of this document. The Council's representatives will then make 
recommendations to the Council. The Council will consider 
recommendations of its representatives; the criteria described in the 
Evaluation Criteria section of this document, and may also

[[Page 9298]]

consider the program policy factors listed below. The Council will then 
make its recommendations to the Regional Administrator through a formal 
vote or by consensus recommendations, as determined appropriate by the 
Council. Recommendations from the Council will be given to the Regional 
Administrator in rank order based on average scores of the projects, 
taking into consideration the numerical scores based on the criteria 
described in the Evaluation Criteria section of this document, and 
consideration of program policy factors listed below. If the Council 
does not participate in the evaluation of the proposals, NOAA will 
solicit written technical evaluations from a Technical Review Team, 
which consists of three or more NOAA Scientist and related Industry 
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, NOAA will convene a Management Review Panel, 
containing members from the Council's Scallop or Research Steering 
Committees 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.
    SELECTION FACTORS FOR PROJECTS: Upon implementation of the merit 
review, the proposal will be presented in rank order, to the Selecting 
Official for final funding recommendations. A program officer may first 
make recommendations to the Selecting Official by applying the 
selection factors below. 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 
funds. 2. Balance/distribution of funds: a. geographically, b. by type 
of institutions, c. by type of patterns, d. by research areas, and 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. Applicants 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 concerns 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 
the Permits and Approvals section of this document; (3) redundancy of 
research projects; and (4) logistical concerns. 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 regulations of the 
Atlantic Sea Scallop FMP. For example, NOAA may authorize selected 
vessel(s) to exceed scallop possession limits, take additional trips 
into Access Area(s), or take trips that are exempt from DAS regulations 
to compensate the vessel for incurred research expenses. All sea 
scallop research must be conducted in accordance with provisions 
approved by NOAA and provided in an LOA or Exempted Fishing Permit 
(EFP) issued by NMFS. Based on the final funding recommendations of the 
Selecting Official, TAC and DAS set-asides will be awarded according to 
rank. If a requested set-aside has been fully utilized by a higher 
ranked proposal, TAC and/or DAS will be awarded from a different set-
aside. Once all the TAC and/or DAS set-asides have been awarded or all 
qualified proposals have been funded, whichever comes first, the 
selection process will end. 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 DAS or TAC set-
aside proposed in Framework 19 will 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 usage of RSA TAC 
or DAS will be allowed until NMFS notifies the applicant that the 
applicant's EFP request is approved. Unsuccessful applications will be 
returned to the submitter. Successful applications will be incorporated 
into the award document.
    INTERGOVERNMENTAL REVIEW: Applicants will need to determine if 
their State participates in the intergovernmental review process. This 
information can be found at the following website: www.whitehouse.gov/
omb/grants/spoc.html. This information will assist applicants in 
providing either a Yes or No response to Item 16 of the Application 
Form, SF-424, entitled ``Application for Federal Assistance.''
    LIMITATION OF LIABILITY: In no event will NOAA or the Department of 
Commerce be responsible for proposal 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.
    NATIONAL ENVIRONMENTAL POLICY ACT (NEPA): NOAA must analyze the 
potential environmental impacts, as required by the National 
Environmental Policy Act (NEPA), for applicant projects or proposals 
which are seeking NOAA federal funding opportunities. 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). 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 an environmental assessment, if 
NOAA determines an assessment is required. Applicants will also be 
required to cooperate with NOAA in identifying feasible measures to 
reduce or avoid any identified adverse environmental impacts of their 
proposal. The failure to do so shall be grounds for not selecting an 
application. In some cases if additional information is required after 
an application is selected, funds can be withheld by the Grants Officer 
under a special award condition requiring the recipient to submit 
additional environmental compliance information

[[Page 9299]]

sufficient to enable NOAA to make an assessment on any impacts that a 
project may have on the environment.
    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 December 30, 2004 (69 FR 
78389), are applicable to this solicitation.
    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, and 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, nor shall a 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 
for the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are 
inapplicable. Therefore, a regulatory flexibility analysis has not been 
prepared.

    Dated: February 12, 2008.
Samuel D. Rauch III
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. E8-3142 Filed 2-19-08; 8:45 am]
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