[Federal Register Volume 64, Number 112 (Friday, June 11, 1999)]
[Notices]
[Pages 31542-31548]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-14788]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[Docket No. 990520139-9139-01; I.D. 050799A]
RIN 0648-AM68
Disaster Assistance for Northeast Multispecies Fishery Failure
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; request for comments.
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SUMMARY: NMFS requests comments on a proposed plan for disbursing funds
to assist persons who have incurred losses from a commercial fishery
failure due to the declining stocks of groundfish which has caused harm
to the Northeast multispecies fishery. This proposed plan contains
criteria for eligibility, limitations and conditions for receiving
disaster assistance.
DATES: Comments must be received by June 28, 1999.
ADDRESSES: Comments should be sent to: Kevin Chu, NMFS, 166 Water St.,
Woods Hole, MA 02543. Direct all written comments regarding Paperwork
Reduction Act and collection of information burden estimates to Linda
Engelmeier, Departmental Forms Clearance Officer, Department of
Commerce, Room 5327, 14th and Constitution Avenue, NW, Washington, DC
20230, and to the Office of Management and Budget (OMB) at the Office
of Information and Regulatory Affairs, Office of Management and Budget,
Washington, DC 20503 (Attention: NOAA Desk Officer).
FOR FURTHER INFORMATION CONTACT: Kevin Chu, NMFS, Northeast Region
((508) 495-2367).
SUPPLEMENTARY INFORMATION: In the Emergency Supplemental Appropriations
section of the FY 1999 Appropriations Act (Public Law No. 105-277),
Congress appropriated $5,000,000 to NOAA to provide emergency disaster
assistance to persons or entities in the Northeast multispecies fishery
who have incurred economic losses from a commercial fishing failure
under a fishery resource disaster declaration made in 1994 pursuant to
section 308(b) of the Interjurisdictional Fisheries Act (IFA) of 1986.
Although the funds are available until used, NMFS is not obligated to
compensate every individual affected by the Northeast multispecies
collapse or to expend all the funding on assistance.
Pursuant to his authority under this section of the IFA, former
Secretary of Commerce Ron Brown declared a fishery resource disaster on
March 18, 1994, for the Northeast multispecies fishery. This disaster
has extended through this year and is expected to continue, causing a
number of additional fishery closures in New England and economic
hardship in the fishery.
The Gulf of Maine stocks of groundfish have declined drastically
over the past three decades. Since the first declaration of a fishery
disaster in 1994, recovery measures for Northeastern groundfish have
improved the prospects for commercially important cod, haddock, and
yellowtail flounder stocks on Georges Bank, but measures intended to
protect Gulf of Maine cod have not been as successful. Gulf of Maine
stocks of cod, white hake, American plaice, and yellowtail flounder
remain overfished. The spawning biomass continues to decline, reducing
the probability that sizable groups of new fish will be produced. As a
result of the continued crisis in the Northeast multispecies fishery, a
number of areas in the Gulf of Maine have been closed to many types of
fishing gear for up to 3 months during the period of February through
June 1999, resulting in lost fishing opportunities.
There have been many meetings of fishermen discussing the best use
of these disaster assistance funds, including a number of meetings of a
group called the Tri-state Conference, composed of fishermen from
Massachusetts, New Hampshire and
[[Page 31543]]
Maine. NMFS' proposed plan was developed based on comments received
from numerous fishermen and other interested persons, including but not
limited to, a public hearing on March 19, 1999, in Portsmouth, NH.
The proposed plan has two components. First, there is a program to
provide direct assistance by compensating Federal permit holders and
crew for economic harm based on reductions in used Days-at-Sea (DAS)
under the authority of Section 308(d) of the IFA. In exchange for this
compensation, permit holders would commit to operating their vessels
for research on fishery-related subjects and would provide personal
economic and social data important for evaluating the effects of
fishery management decisions. Second, NMFS intends to set aside a
portion of the funds for the training and deployment of affected
persons as at-sea data collectors aboard scallop fishing vessels. This
document explains the proposed direct assistance program. It does not
discuss the training and deployment part of the plan, which will be
done under contract.
The proposed direct assistance plan has two goals: (1) To provide a
mechanism to get financial assistance as quickly as possible to
fishermen most affected by the groundfish collapse, and (2) to involve
the industry in fisheries and gear research, thereby providing
additional data for the long-term management of the fishery. This
program would use a formula for calculating lost fishing opportunities
as an indicator of the economic harm caused by the declining groundfish
stocks.
NMFS seeks comments on the proposed disaster assistance program.
Definitions
Charter or party boat means any vessel that carries passengers for
hire to engage in recreational fishing.
Commercial fishing or fishing commercially means fishing that is
intended to, or results in, the barter, trade, transfer, or sale of
fish.
Day(s)-at-Sea (DAS) means the 24-hour periods of time during which
a fishing vessel is absent from port in which the vessel intends to
fish for, possess or land, or fishes for, possesses, or lands regulated
species.
Dealer means any person who receives, for a commercial purpose
(other than solely for transport on land), from the owner or operator
of a vessel issued a valid multispecies permit, any species of fish,
the harvest of which is managed by 50 CFR part 648.
Fishing year means for the NE multispecies fishery, from May 1
through April 30 of the following year.
Northeast multispecies or multispecies finfish or multispecies
means the following species:
American plaice--Hippoglossoides platessoides.
Atlantic cod--Gadus morhua.
Haddock--Melanogrammus aeglefinus.
Ocean Pout--Macrozoarces americanus.
Pollock--Pollachius virens.
Redfish--Sebastes fasciatus.
Red hake--Urophycis chuss.
Silver hake (whiting)--Merluccius bilinearis.
White hake--Urophycis tenuis.
Windowpane flounder--Scophthalmus aquosus.
Winter flounder--Pleuronectes americanus.
Witch flounder--Glyptocephalus cynoglossus.
Yellowtail flounder--Pleuronectes ferrugineus.
Multispecies permit means a permit issued by NMFS to fish for,
possess, or land multispecies finfish in or from the Exclusive Economic
Zone.
Regulated species means the subset of NE multispecies that includes
Atlantic cod, witch flounder, American plaice, yellowtail flounder,
haddock, pollock, winter flounder, windowpane flounder, redfish, and
white hake.
Compensation for Economic Harm as Measured by Unused Multispecies
DAS
The proposed plan is to compensate fishermen for economic harm
caused by the fishery collapse, using a calculation of unused
multispecies DAS as a proxy for economic harm. Permit holders and crew
members would be compensated based on any decrease in multispecies
fishing activity in 1999 due to the area closures. The decrease would
be calculated by comparing the multispecies days the vessel fished in
February through June 1998 and the multispecies days the vessel fished
in 1999 during the same closure months. The details of the compensation
plan are provided here.
Eligibility
Permit holders would be eligible to participate in this program if
they hold a currently valid Federal multispecies permit and landed and
sold at least 10,000 lb (4535 kg) of multispecies finfish to federally
permitted dealers between May 1, 1997, and April 30, 1998. Verification
of the sale would be based only on dealer weigh-out reports submitted
to NMFS prior to April 1, 1999.
Party/Charter vessels are not eligible for this program, because
they were not technically excluded from fishing in the closed areas
under Framework Adjustments 26 and 27.
By law, persons with net annual revenues from commercial fishing of
$2 million or more are also not eligible to receive funds through this
program. However, NMFS proposes a different maximum limit of $75,000
(or $150,000 if filing a joint tax return) on the net income from
commercial fishing that an affected person could have received in 1998
to be eligible for compensation. Comments are requested on whether this
limit is appropriate.
Any permit holder whose permit was sanctioned during the February
through June 1999 closures cannot qualify for compensation from the
period of the sanction.
Permit holders otherwise eligible for compensation who sold their
vessels on or after February 1, 1999, would not be eligible to
participate in this program. Persons who owned a vessel that held a
valid multispecies permit during the 1998-99 fishing year and who
purchased a new vessel after February 1, 1999, would be eligible based
on the history of the vessel used during 1998.
Calculation of Historical Activity
A. For the purposes of this program, NMFS would define ``historical
activity'' as fishing activity during 1998 (or, in some cases, 1997) in
the areas listed here that were closed in 1999, excluding the Western
Gulf of Maine closed area. NMFS would calculate the historical activity
based on the number of DAS fished by each eligible vessel during 1998
in the following months and areas:
February--blocks 124-125
March--blocks 124-125
April--blocks 123-125, 130-133
May--blocks 129-133, 136-140
June--blocks 139-147, 152
Figure 1 shows the areas of these blocks.
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[GRAPHIC] [TIFF OMITTED] TN11JN99.007
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[[Page 31545]]
Note that in no case would DAS fished in the Western Gulf of Maine
Closed Area be considered as historical activity, since that is
considered a long-term, year-round closure.
B. There were some closures in March, May and June of 1998.
Therefore, if a vessel used no DAS in May or June 1998, NMFS would
calculate the number of DAS fished by that vessel in the appropriate
areas during the same months of 1997. Some areas were closed from March
1 through March 30, 1998, but not closed on March 31 of that year.
Therefore, if a vessel used either no DAS during March 1998 or only
fished on March 31 of that year, NMFS would calculate the number of DAS
fished by that vessel in the appropriate areas during the same months
of 1997.
C. Some persons may have been prevented from fishing in 1998 due to
illness or problems with their vessels. NMFS assumes that vessel owners
have chosen fishing as their primary activity by virtue of their
investment in their boats. Therefore, if there are two consecutive
calendar months from February through June 1998 for which a vessel had
no record of any fishing activity (e.g., negative reports were
submitted for March and April 1998), NMFS would assume that the vessel
was prevented from fishing by circumstances beyond the control of the
vessel owner. In this circumstance, NMFS would calculate the number of
multispecies DAS during those same months in 1997. If the 2-month gap
in 1998 fishing activity was due to a permit sanction, however, NMFS
would not consider 1997 fishing activity.
D. Calculation of multispecies DAS fished would be made to the
nearest hour of fishing time and would then be rounded down to the
nearest half day. A permit holder can receive no more compensation for
economic harm than the level represented by the number of days of
historical activity as calculated using this method.
E. The number of multispecies DAS fished during a fishing year plus
the number of unused multispecies DAS for which a vessel receives
compensation in that year cannot exceed the total number of
multispecies DAS allocated to that vessel for that year.
Documentation Used To Determine Historical Activity
A. For vessels greater than 30 ft (9.14 m), NMFS would use vessel
call-in system reports and vessel trip reports received by NMFS prior
to April 1, 1999, to determine when a vessel fished in a 1999 closure
area. If a trip was called in but no log report was submitted, or vice
versa, the trip would not be included.
Some vessel trip reports have been submitted with insufficient
information to determine whether the vessel fished in the closed areas,
although this information is required. Under this proposed plan, the
permit holder would not get credit for historical activity on any trips
for which the logbooks were not filled out as required. NMFS
specifically seeks comments on this provision.
B. For vessels 30 ft (9.14 m) or less, NMFS would base historical
activity on vessel trip reports received by NMFS prior to April 1,
1999. (These vessels do not participate in the call in system.) The
same problem of logbooks submitted without sufficient geographic
information pertains to vessels under 30 ft (9.14 m) as for larger
vessels. NMFS proposes to use the same solution for this category as it
uses for vessels over 30 ft (9.14 m).
Documentation Used To Determine 1999 Activity
A. For vessels greater than 30 ft (9.14 m), NMFS would base
activity on vessel call-in system reports.
B. For vessels 30 ft (9.14 m) or less, NMFS would base activity on
vessel trip reports submitted as of the publication date of this
document or, for May and June 1999, by the 15th day following each
month. As required by regulations, every vessel trip report, including
negative reports, must be submitted within 15 days of the end of each
month. Vessels that have not submitted timely reports will not be
eligible for compensation for that month. NMFS may compare dealer
weigh-out reports and logbooks for May and June to confirm claims that
no landings were made when no trip is reported.
Calculation of Economic Harm
A. For each month in which a vessel has historical activity, NMFS
would tally the number of multispecies DAS fished in 1999 in areas that
have not been closed. Economic harm would be calculated on a monthly
basis as the historical DAS (multispecies DAS fished in the closed
areas as described earlier) used that month minus the multispecies DAS
used that month in 1999. For example, if a vessel has 10 DAS of
historical activity in April 1998 and fished 5 DAS in April 1999, the
permit holder and crew would be eligible for compensation for the
equivalent of up to 5 DAS. If a vessel has 10 DAS of historical
activity in April 1998 and fished 15 DAS outside the closed area in
1999, the permit holder and crew would not be eligible for compensation
for economic harm for that month.
B. Compensation for economic harm would be at a rate of $1500 for
each 24-hour DAS and $750 for each half DAS. This amount would be
decreased to $900 per DAS if the permit holder does not designate crew
to receive compensation. However, persons fishing alone may designate
themselves as crew and receive the full compensation. (See Compensation
for Crew) These amounts are consistent with NMFS estimates of the
average net revenue and crew costs per multispecies DAS per vessel in
the areas closed by Framework Adjustment 26.
C. A DAS for which a permit holder receives compensation would be
considered a DAS used. For compensation received based on economic harm
during the 1998-1999 fishing year (i.e., during the February, March and
April 1999 closures), DAS for which a permit holder receives
compensation cannot be carried over to the 1999-2000 fishing year. For
compensation received based on economic harm during the 1999-2000
fishing year (i.e., during the May and June 1999 closures), DAS for
which a permit holder receives compensation would be subtracted from
the total allowable DAS for the year. For example, if a permit holder
in the fleet DAS category is compensated for 10 DAS not used in June
1999, the total 1999-2000 DAS for the vessel s/he currently owns would
be reduced from 88 to 78.
D. The number of DAS for which persons would receive compensation
would be based on the total number of requests received by NMFS. No
compensation would be paid until all requests are received and
processed. Because compensation cannot be released until the universe
of applicants is known, and because eligibility and unused DAS are
calculated from official records held by NMFS and based on information
required to be submitted to NMFS, there would be no appeals of NMFS
determinations of eligibility or unused DAS.
E. If the total requests for compensation for economic harm exceed
the funds available, the number of DAS for which each person is
compensated would be reduced by the same proportion. If reduced, the
proportional DAS for which each person is compensated would be rounded
down to the nearest half day.
F. If the total requests for compensation for economic harm total
less than the funds available, the excess funds would be used to defray
costs in
[[Page 31546]]
the following cooperative research program.
G. The agreement to participate in research in exchange for
compensation through this program is binding. If a permit holder
decides to withdraw from the program, he or she must return any
compensation to NMFS, which will then be used to defray costs in the
cooperative research program.
Compensation for Crew Members
NMFS would ask permit holders to identify crew members that have
also been harmed by the groundfish collapse and to specify in the
application the vessel's share system. Crew members will be compensated
a portion of the vessel's total compensation, based on the vessel's
share system. An eligible crew member is expected to have worked for
the permit holder for at least 6 out of the last 10 months. NMFS will
make a direct payment to each identified crew member based on the
percentage share specified by the permit holder. It will pay the
remainder of the vessel's compensation to the permit holder. Permit
holders that do not specify any crew members for compensation would be
compensated at a reduced rate of $900 per DAS. A permit holder fishing
alone would designate him/herself as the captain of the vessel, thereby
receiving the full $1500 per DAS discussed above.
Research Requirement
Vessels and crew members that receive compensation under this
program would be required to participate in research projects for the
number of days they were compensated. If NMFS cannot compensate persons
at the full level requested, a permit holder's obligation for research
would be only for the number of DAS for which compensation is received.
Permit holders would not be required to use their allotted fishing DAS
for this research. However, if a permit holder intended to land
multispecies fish caught during the course of a research day, the
permit holder would use a DAS, which would also count as a research
day.
The cost of personnel (captain and crew) required to operate the
vessel during this research would be borne by the permit holder. This
would be a condition of receiving compensation. All other operation
costs would be borne by the researcher.
If a permit holder is not asked to provide his/her vessel for
research by September 30, 2000, this obligation will cease. Instead,
the permit holder would be required to submit the last 5 years of
Federal tax returns and complete a survey of economic and social data
needed to better evaluate the impacts of fishery management measures.
If this information it not received, the permit holder's DAS for the
2001-2002 fishing year would be reduced by the number of DAS for which
he/she was compensated under this program. Note that this provision
requires approval from OMB for this collection of information and could
not come into effect until NMFS receives such approval.
If the vessel is sold while still under a research obligation, the
commitment would transfer with the permit, which automatically
transfers with the vessel upon sale, unless there is a purchase and
sale agreement stating otherwise. The research requirement would not be
voided by the sale of a vessel, unless the permit holder permanently
retires the vessel's multispecies permit.
The research would be undertaken at a mutually agreed date before
May 1, 2001. If a vessel is requested for research by September 30,
2000, and the research is not conducted before May 1, 2001, the
vessel's allowed DAS for fishing year 2001-2002 will be reduced by the
number of DAS for which it was committed for research. If crew members
are compensated as part of this program and are still with the vessel,
they would be expected to serve during the requested research period.
Application Process
A. NMFS would determine who is eligible to participate in the
program based on dealer weigh-out reports and would calculate the
maximum level of direct assistance for which the permit holder would be
eligible.
B. NMFS would send letters and a copy of the final Federal Register
document to all multispecies permit holders explaining the program,
informing them whether they qualify to participate and, if so, the
maximum amount of economic harm they can claim based on unused DAS. The
letter would contain an application form that asks the permit holder to
identify the number of eligible DAS for which the holder would seek
compensation in exchange for a commitment from the permit holder to
make his or her vessel available for research in the future, if
requested. The permit holder would be required to identify crew members
that should share in the compensation and to inform NMFS of the
percentage of available compensation each crew member should get, based
on the usual share system of the vessel. Permit holders would have 30
days from the date of mailing to respond to the invitation to
participate. A date by which all responses must be postmarked would be
included in the invitation to participate.
C. NMFS will tally the total eligible compensation requested for
all applications received by the deadline. If the total eligible
compensation requested is less than the funds available, NMFS will
approve payment of the requested amounts. If the eligible compensation
requested exceeds the funds available, NMFS will approve payment for
each permit holder based on a prorated reduction in the number of DAS.
The value of a DAS will remain the same, but fewer unused DAS will be
compensated in this case. Partial DAS will be rounded downward to the
nearest half DAS. Because the total DAS requested cannot be evaluated
until the logbooks from the vessels under 30 ft (9.14 m) (which can be
submitted up to July 15) have been entered in the NMFS database,
compensation under this program should not be expected before September
1999.
D. NMFS will report payments disbursed under this program to the
Internal Revenue Service and will issue IRS Form 1099-G to each
recipient of compensation for economic harm.
Classification
Catalogue of Federal Domestic Assistance
This program will be listed in the Catalogue of Federal Domestic
Assistance under number 11.452 (Unallied Industry Projects).
National Environmental Policy Act
NMFS will conduct an Environmental Assessment of this program prior
to publication of the final rule. Comments on the potential impacts of
this program on the quality of the human environment are requested.
Regulatory Flexibility Act
NMFS has conducted an initial regulatory flexibility review for
this action, which is included here. The action is being taken as a
result of concern about the economic impact of the declining groundfish
stocks in the Gulf of Maine. The objective of the program is to
compensate persons in the Northeast multispecies fishery who have
incurred losses from a commercial fishing failure. The program to
compensate fishermen for economic harm would be open to permit holders
of a currently valid Northeast multispecies permit who landed 10,000 lb
(4535 kg) of multispecies fish between May 1, 1997, and April 30, 1998,
as recorded by dealer weigh-out reports. NMFS estimates fewer than 500
[[Page 31547]]
permit holders would qualify for compensation by having landed 10,000
lb (4535 kg) of multispecies fish and having historical activity in the
areas closed in 1999. Assuming that on average, each permit holder
employed one other crew member, there might be 1000 persons able to
participate in this program.
The reporting or record-keeping requirements for this program
include an initial form to indicate willingness to participate in the
program. The form would also allow permit holders to identify crew
members that should share in the compensation. The program would also
require permit holders to provide the services of their vessels, if
asked, for future research at a mutually agreed date and time, not to
exceed 2 years in the future. The permit holders would be expected to
cover the costs of captain and crew needed to operate the vessel during
this research, which is estimated to be $700 on average. The other
costs of operating the vessel would be covered by the researcher.
Participation in the compensation program would be voluntary, and
persons would not be expected to participate unless it was economically
beneficial to do so. Permit holders would be expected to keep a record
of the number of days they engaged in cooperative research. In
addition, if a permit holder is not asked to engage in research by
September 30, 2000, the proposed program calls for permit holders to
submit 5 years of Federal income tax forms and to complete a survey of
economic and social concerns instead, provided OMB approves this
collection of information. Fishermen who have not kept copies of their
tax returns would need to request copies from the IRS at a cost of
$23.00 per return.
There are no Federal rules that duplicate, overlap, or conflict
with the proposed action.
In providing assistance to alleviate the economic harm caused by
the fishery decline, any significant economic impacts of this program
are expected to be positive and are intentional. Therefore, NMFS has
not considered alternatives that would minimize any significant
economic impacts.
E.O. 12866
This proposed program has been determined to be significant for the
purposes of E.O. 12866.
Paperwork Reduction Act (PRA)
This proposed program contains a collection-of-information
requirement subject to review and approval by OMB under the PRA. An
emergency clearance for the collection of information required to
disburse these funds is being sought from OMB. This is a one-time
collection of information. There would be no annual information
collection burden. If NMFS continues this program, it will seek
additional clearance for any required collection of information.
Notwithstanding any other provision of law, no person is required
to respond 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 Paperwork Reduction Act unless that collection of information
displays a currently valid OMB control number.
Public reporting burden for this collection of information is
estimated at 1.5 hours per response, to submit a form indicating
willingness to participate in the program. This estimate includes the
time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing
the collection of information.
Public comment is sought regarding: whether this proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information shall
have practical utility; the accuracy of the burden estimate; ways to
enhance the quality, utility, and clarity of the information to be
collected; and ways to minimize the burden of the collection of
information, including through the use of automated collection
techniques or other forms of information technology. Send comments on
these or any other aspects of the collection of information to NMFS and
OMB (see ADDRESSES).
Federal Policies and Procedures
Recipients of Federal assistance through this program are subject
to all Federal laws and Federal and Department of Commerce (Commerce)
policies, regulations, and procedures applicable to Federal financial
assistance awards and must comply with general provisions that apply to
all recipients under Commerce Federal assistance programs.
False Statements
A false statement on the application or any document submitted for
consideration of financial assistance is grounds for denial or
termination of funds and grounds for possible punishment by a fine or
imprisonment (18 U.S.C. 1001).
Delinquent Federal Debts
No award of Federal funds shall be made if the would-be recipient
has an outstanding delinquent Federal debt or fine until either: (a)
the delinquent account is paid in full; (b) a negotiated repayment
schedule is established and at least one payment is received; or, (c)
other arrangements satisfactory to Commerce are made.
Internal Revenue Service (IRS) Information
An applicant classified for tax purposes as an individual,
partnership, proprietorship, corporation, or medical corporation is
required to submit a taxpayer identification number (TIN) (either
social security number, employer identification number as applicable,
or registered foreign organization number) on Form W-9, ``Payer's
Request for Taxpayer Identification Number.'' Tax-exempt organizations
and corporations (with the exception of medical corporations) are
excluded from this requirement. Form W-9 shall be submitted to NOAA
upon application for assistance. The TIN will be provided to the IRS by
Commerce on Form 1099-G, ``Statement for Recipients of Certain
Government Payments.''
Disclosure of a recipient's TIN is mandatory for Federal income tax
reporting purposes under the authority of 26 U.S.C., section 6011 and
6109(d), and 26 CFR, 301.6109-1. This is to ensure the accuracy of
income computation by the IRS. This information will be used to
identify an individual who is compensated with Commerce funds or paid
interest under the Prompt Payment Act.
Name Check
Recipients may be subject to a name check review process. Name
checks are intended to reveal if they or any key individuals associated
with an application for award have been convicted of, or are presently
facing, criminal charges such as fraud, theft, perjury, or other
matters that significantly reflect on their management, honesty, or
financial integrity. In the name check process, Commerce performs a
credit check on businesses and individuals. A criminal background check
on an individual's name is performed by the Federal Bureau of
Investigation. There is no charge to recipients for the name check.
Audits
Under the Inspector General Act of 1978, as amended, 5 U.S.C. App.
3, section 1 et seq., an audit of the award of assistance may be
conducted at any time. The Inspector General of
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Commerce, or any of his or her duly authorized representatives, shall
have access to any pertinent books, documents, papers and records of
the recipient, whether written, printed, recorded, produced or
reproduced by any mechanical, magnetic or other process or medium, in
order to make audits, inspections, excerpts, transcripts or other
examinations as authorized by law. When the Office of the Inspector
General (OIG) requires an audit on a Commerce award, the OIG will
usually make the arrangements to audit the award, whether the audit is
performed by OIG personnel, an independent accountant under contract
with Commerce, or any other Federal, state or local audit entity.
Government-Wide Debarment and Suspension
You must submit a completed Form CD-511, ``Certification Regarding
Debarment, Suspension and Other Responsibility Matters; Drug-Free
Workplace Requirements and Lobbying.'' Prospective participants (as
defined at 15 CFR 26.105) are subject to 15 CFR part 26, ``Non-
procurement Debarment and Suspension'' and the related section of the
certification form prescribed here applies.
Dated: June 4, 1999.
Andrew J. Kemmerer,
Acting Assistant Administrator, National Marine Fisheries Service.
[FR Doc. 99-14788 Filed 6-10-99; 8:45 am]
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