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Northeast Region Fishing Gear Exchange Project

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[Federal Register: July 16, 2009 (Volume 74, Number 135)]
[Notices]
[Page 34552-34555]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16jy09-21]

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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[Docket No. 0907021106-91110-01]
RIN 0648-ZC09

Northeast Region Fishing Gear Exchange Project

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of funding availability.

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SUMMARY: Right, humpback and fin whales, which are listed as endangered
under the Endangered Species Act, are occasionally injured or killed
through incidental entanglement in fishing gear. Based on gear
retrieved from entangled whales, interactions can occur with any
component of the fishing gear, including buoy lines, groundlines,
gillnet floatlines, and surface systems. Provisions of the Atlantic
Large Whale Take Reduction Plan (ALWTRP) require that permit holders
using trap/pot and gillnet gear comply with requirements designed to
reduce the serious injury and mortality of large whales. One such gear
modification requires the use of sinking groundlines. Other risk
reduction measures include adding weak links to fixed fishing gear
which can assist entangled whales in breaking free after an interaction
has occurred.
    NMFS is providing financial assistance in the form of a grant to
support the development and implementation of a fishing gear exchange
project for Lobster Management Areas 2 and 3 in the Northeast Region.
This document describes how to submit proposals for funding and how
NMFS will determine which proposals will be funded; this document
should be read in its entirety prior to the submission of a proposal.
    This project will support NOAA's mission goal to protect, restore,
and manage the use of coastal and ocean resources through an ecosystem
approach to management.

DATES: Applications must be postmarked, provided to a delivery service
or received by http://www.grants.gov by 11:59 p.m. Eastern Daylight
Time on July 30, 2009. Use of U.S. Mail or another delivery service
must be documented with a receipt. Please note that it may take
Grants.gov up to two business days to validate or reject an application.
Please keep this in mind when developing your submission timeline.

ADDRESSES: The Full Funding Opportunity (FFO) announcement and
application instructions for this grant program are available through
the Grants.gov website at http://www.grants.gov. For applicants without
internet access, an application package may be obtained by contacting
Amanda Johnson, NOAA's National Marine Fisheries Service, Northeast
Regional Office, 55 Great Republic Drive, Suite 04-400, Gloucester, MA
01930; Phone: 978-282-8463, E-mail: Amanda.Johnson@noaa.gov.
    Applications should be submitted electronically through the
Grants.gov website at http://www.grants.gov. Those applicants without
internet access may submit a hard copy (by postal mail or commercial
delivery) to: NMFS Northeast Regional Office, Attn: Amanda Johnson, 55
Great Republic Drive, Suite 04-400, Gloucester, MA 01930. No other
methods of submission are permissible without explicit NOAA approval.

FOR FURTHER INFORMATION CONTACT: If you have any questions regarding
this proposal solicitation, please contact Amanda Johnson at the NOAA/
NMFS/Northeast Regional Office, Protected Resources Division, 55 Great
Republic Drive, Suite 04-400, Gloucester, MA 01930, by phone at 978-
282-8463, or by email at Amanda.Johnson@noaa.gov.

SUPPLEMENTARY INFORMATION:

Background

    The principal objective of the Northeast Region Fishing Gear
Exchange Project is to implement a voluntary fishing gear exchange
project in which participating fishing industry members regulated by
the ALWTRP are provided with financial assistance to comply with the
ALWTRP's sinking groundline and weak link requirements. Another
objective of this project is to develop a plan for recycling the
collected floating groundline to ensure that none of the lines are
returned to the ocean for any purpose, fishing or otherwise. A third
objective is to work cooperatively with participating industry members
to collect gear configuration information via a gear survey.
    For a proposal to be competitive, it must demonstrate a clear
process for developing and implementing a successful fishing gear
exchange project. This includes notifying, registering, and
communicating with participating fishing industry members;
approximating the amount of floating groundline to be exchanged and
determining an assigned price per pound for the delivered groundline;
working with gear manufacturers and

[[Page 34553]]

distributors to gain their participation in the project; determining
appropriate times and locations for gear collections based on industry
needs and responses; determining the appropriate methods to collect,
handle, and recycle the collected floating groundline; and determining
the appropriate methods to assist in the purchase of weak links. A
number of floating groundline buyback and recycling projects have been
completed or are on-going along the East Coast of the U.S. These have
taken place in Maine, Massachusetts, and New York, as well as in the
Mid-Atlantic region (including the states of New Jersey, Delaware,
Maryland, Virginia, and a portion of North Carolina) and have been
administered by a variety of groups, including non-profit
organizations, state and federal government agencies. A successful
proposal will incorporate the successful components of these projects.
    In addition, competitive proposals must demonstrate the applicant's
good rapport with the fishing industry in the Northeast Region and
ability to handle a project of this magnitude. Proposals must also
demonstrate the ability to maximize the percentage of the award funding
that is spent assisting fishermen in complying with the ALWTRP
requirements, based on the differences in costs of floating versus
sinking line and on the costs of complying with weak link requirements.
This includes gauging potential participation by eligible fishermen
and, based on this and other costs of the project, determining the
appropriate figure for reimbursing fishermen for the floating
groundline they have brought forward to exchange (e.g., providing $1.50
per pound of line turned in, etc.). It also includes determining the
most appropriate methods for providing assistance for participating
fishermen to comply with weak link requirements.
    The project will also incorporate recordkeeping and information
collection. Information must be collected related to participating
fishermen to document the amount of line exchanged, among other
components. Additionally, the project will include a gear survey that
will help NMFS better quantify information about vertical lines. This
information will assist in the management of fishing gear interactions
with large whales.

Electronic Access

    The full text of the Full Funding Opportunity announcement for this
program can be accessed via the Grants.gov web site at http://
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

    The statutory authority for this project can be found at 16 U.S.C.
661 and 16 U.S.C. 1881c.

Catalog of Federal Domestic Assistance (CFDA)

    The Catalog of Federal Domestic Assistance program number for this
solicitation is 11.452, Unallied Industry Projects.

Funding Availability

    NOAA anticipates that up to $3 million may be available for this
project in the NMFS fiscal year 2009 budget. A grant will be awarded
for the amount of funding in its entirety to the successful applicant.
Therefore, all proposals should be developed to request the entire $3
million. The exact amount of funds that may be awarded will be
determined during pre-award negotiations between the applicant and NOAA
representatives. Publication of this notice does not oblige NOAA to
award any specific grant proposal or to obligate any available funds.
If an application for a financial assistance award is selected for
funding, NOAA has no obligation to provide any additional funding in
connection with that award in subsequent years.

Eligibility

    Eligible applicants are institutions of higher education, other
nonprofits, commercial organizations, and state, local and Indian
tribal governments. Federal agencies or institutions are not eligible
to receive Federal assistance under this notice.

Cost Sharing Requirements

    No cost sharing or matching is required for this project.

Evaluation and Selection Procedures

    The general evaluation criteria and selection factors that apply to
applications to this funding opportunity are summarized below. Further
information about the evaluation criteria and selection factors can be
found in the Full Funding Opportunity announcement.

Evaluation Criteria for Projects

    The proposals will be evaluated and scored based on the following
weighted criteria (each proposal can receive a total score between 1
and 5 points):
    1) Importance and/or relevance and applicability of the proposed
project to the program goals (weight=30%): This criterion ascertains
whether there is intrinsic value in the proposed work and/or relevance
to NOAA, Federal, regional, State, or local activities. For this
competition, the proposal should demonstrate that the applicant has a
clear knowledge and understanding of the purpose and relevance of the
proposed work. It should also demonstrate an ability to provide
economic assistance to the Northeast Region's commercial fishing
industry affected by the ALWTRP, while providing benefits to large
whale species. For this criterion, reviewers will base their
assessments on the following scoring system: 1 = lack of importance/
relevance; 3 = intermediate level importance/relevance; 5 = very
important/relevant.
    2) Technical/scientific merit (weight=35%): 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. The proposal should clearly address the program priorities
and components that were discussed earlier in this document, including
designing a gear survey in conjunction with NMFS. For this criterion,
reviewers will base their assessments on the following scoring system:
1 = completely unsound, unlikely to meet the project's objectives; 3 =
intermediately sound, reasonably likely to meet the project's objectives;
5 = extremely sound and likely to meet the project's objectives.
    3) Overall qualifications of applicants (weight=10%): This
ascertains whether the applicant possesses the necessary education,
experience, training, facilities, and administrative resources to
accomplish the project. For this competition, the proposal should
demonstrate coordination with other agencies and groups that have
conducted gear exchange projects in the past or are currently
implementing such projects. For this criterion, reviewers will base
their assessments on the following scoring system: 1 = lack of
qualification and/or resources to accomplish project; 3 = intermediate
level of qualification and/or resources to accomplish project; 5 =
extremely qualified and able to accomplish project.
    4) Project costs (weight=15%): The budget is evaluated to determine
if it is realistic and commensurate with the project needs and time-
frame. For this competition, one project will be awarded the entire
amount of available funding. Therefore, the budget should reflect the
ability of the work to be completed with the funding amount and

[[Page 34554]]

timing proposed. Additionally, the budget should maximize to the
fullest extent possible the amount of financial assistance that is
being provided to the fishermen who participate in the project. For
this criterion, reviewers will base their assessments on the following
scoring system: 1 = lack of information and detail provided,
unrealistic; 3 = sufficient amount of information and detail provided,
realistic; 5 = extremely informative, detailed, and realistic.
    5) Outreach and education (weight=10%): NOAA assesses whether this
project provides a focused and effective education and outreach
strategy regarding NOAA's mission to protect the Nation's natural
resources. For this competition, the proposal should describe how
outreach and education for this project will be conducted to maximize
the number of gear exchange participants from the fishing industry.
Collaborations with other agencies and partners to accomplish this
component should also be described. The applicant should provide a
draft gear survey with the proposal for evaluation and final approval
by NMFS. For this criterion, reviewers will base their assessments on
the following scoring system: 1 = insufficient outreach/education; 3 =
adequate outreach/education; 5 = extremely effective outreach/education.

Review and Selection Process

    Screening, review, and selection procedures will take place in 3
steps: initial evaluation, merit review, and final selection by the
Selecting Official (i.e., the NMFS Regional Administrator in the
Northeast). Initial evaluation of applications will be conducted to
ensure that the submitted application packages contain the required
forms and application elements and meet the eligibility criteria.
    Applications meeting the requirements of this solicitation will
then undergo merit review. Each application will be reviewed by a
minimum of three reviewers, who will independently evaluate and score
proposals using the evaluation criteria provided in the ``Evaluation
Criteria for Projects'' section. Merit reviewers will be federal
employees with appropriate subject-matter expertise. The reviewers'
ratings will be used to produce a rank order of the proposals.
    After applications have undergone merit review, the Selecting
Official will make the final decision regarding which applications will
be recommended to the NOAA Grants Officer for funding based upon the
numerical rankings and evaluations of the applications by the merit
reviewers, as well as the selection factors set forth in the
``Selection Factors for Projects'' section.

Selection Factors for Projects

    The Selecting Official shall award in the rank order of the review
ratings unless the proposal is justified to be selected out of rank
order based upon the following factors, where applicable:
    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 for NOAA staff to make a NEPA
determination and draft necessary documentation before recommendations
for funding are made to the Grants Officer.

Classification

Executive Order 12373

    Applications under this program are subject to Executive Order
12372, ``Intergovernmental Review of Federal Programs.'' Any applicant
submitting an application for funding is required to complete item 16
on SF-424 regarding clearance by the State Single Point of Contact
(SPOC) established as a result of EO 12372. To find out about and
comply with a State's process under EO 12372, the names, addresses and
phone numbers of participating SPOC's are listed on the Office of
Management and Budget's home page at: http://www.whitehouse.gov/omb/
grants/spoc.html.

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) Review

    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: http://www.nepa.noaa.gov/, including our
NOAA Administrative Order 216-6 for NEPA, www.osec.doc.gov/bmi/
daos/216-6.htm, 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 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 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 February 11, 2008 (73 FR 7696), 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.

[[Page 34555]]

    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: July 9, 2009.
Gary Reisner,
Director, Office of Management and Budget, National Marine Fisheries Service.
[FR Doc. E9-16813 Filed 7-15-09; 8:45 am]
BILLING CODE 3510-22-S

 
 


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