[Federal Register Volume 59, Number 106 (Friday, June 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13490]


[[Page Unknown]]

[Federal Register: June 3, 1994]


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DEPARTMENT OF COMMERCE
50 CFR Chapter II

[Docket No. 940558-4158; I.D. 052394B]

 

West Coast Salmon Fisheries; Disaster Relief

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

ACTION: Advance notice of proposed rulemaking; request for comments.

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SUMMARY: The Secretary of Commerce (Secretary) has declared that a 
natural fishery resource disaster exists in the ocean salmon fisheries 
off the coasts of Washington, Oregon, and California, due to extremely 
low stock abundances of chinook and coho salmon. To alleviate economic 
hardship, NMFS intends to make grants available to eligible industry 
participants. NMFS is requesting written comments, in particular from 
the fishing industry, Indian tribes, and state fisheries agencies, 
regarding appropriate limitations, terms, and conditions it should use 
in providing the proposed assistance to persons engaged in commercial 
fisheries for uninsured losses resulting from the salmon fisheries 
resource disaster.

DATES: Comments must be received by August 2, 1994.

ADDRESSES: Comments should be sent to Bruce Morehead, Office of Trade 
and Industry Services, National Marine Fisheries Service, 1315 East-
West Highway, Silver Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT: Bruce Morehead, 301/713-2358.

SUPPLEMENTARY INFORMATION:

Background

    Although West Coast salmon stocks experience annual fluctuations in 
abundance, stock abundances in the last few years have been 
exceptionally low. The ocean salmon fisheries off the coasts of 
Washington, Oregon, and California are dependent almost entirely on 
chinook and coho salmon. For chinook salmon, ocean catches fell from a 
high of 2,121,999 fish in 1988 to a record low of 444,000 in 1992, an 
almost 80 percent decline in abundance in only 4 years. The 1993 ocean 
catch of 532,999 chinook was also very low relative to historical 
averages. For coho, the decline has been even more dramatic, with an 
ocean catch of 5,334,255 fish in 1976 falling to a record low catch of 
only 292,000 in 1993--a 95 percent decline. In 1994, the abundances of 
many coho stocks are expected to be the lowest on record, and are not 
expected to meet spawning escapement goals, even without any ocean 
salmon fishing. Most chinook stock abundances also are predicted to be 
at very low, even record low, levels of abundance.
    Salmon fisheries in the ocean waters off Washington and northern 
Oregon are closed in 1994. Remaining salmon fisheries in the ocean 
waters off central and southern Oregon and California are at reduced 
levels and are closed to fishing for coho. It is predicted that 1994 
ocean salmon landings will amount to only 289,000 chinook and zero 
coho. Although fishing seasons for inside (non-ocean) fisheries have 
not been completely finalized, they are expected to be the most 
restrictive ever imposed in many areas.
    Despite increasingly stringent management measures enacted in 
recent years to protect these salmon stocks, they have reached a 
critical stage of depletion, due in part to environmental conditions 
unfavorable to salmon survival that include: (1) An extended drought in 
California; (2) less than normal snowpack throughout the western United 
States; (3) drought followed by extensive flooding in the State of 
Washington; (4) and an extreme El Nino ocean warming event during 1992-
1993, which is believed to have been responsible for extremely poor 
salmon survival.

Impacts on the Industry

    The Pacific Fishery Management Council estimated that, as late as 
1988, there were about 5,300 commercial salmon troll vessels fishing 
off the West Coast, compared to about 2,300 vessels in 1992--a decline 
of 57 percent over that period. NMFS' Northwest Region conducted an 
analysis of economic models that suggest that the 1992 West Coast 
salmon industry involved 8,400 full-time work years. However, much of 
the employment is part time, so that the total number of individuals 
impacted by this resource disaster is much greater. Commercial salmon 
fishermen earned $33.8 million, while marine recreational anglers spent 
$79.5 million fishing for West Coast salmon in 1992. In 1992, 140 West 
Coast processing plants processed 72 million pounds (32.7 million kg) 
of finished salmon products, worth approximately $170 million. These 
plants employ over 2,000 people for the processing of salmon and other 
West Coast fish.

Proposed Agency Action

    For the reasons set out above, the Secretary has declared that a 
natural fishery resource disaster exists under section 308(d) of the 
Interjurisdictional Fisheries Act of 1986 (IFA), as amended (16 U.S.C. 
4107). The Secretary has asked the President to transmit to Congress a 
request for $12 million to assist those persons affected by the West 
Coast salmon fisheries disaster.
    The IFA authorizes the Secretary to award grants to ``persons'' 
(defined as individuals, corporations, partnerships, trusts, 
associations, or other nongovernmental entities) engaged in commercial 
fisheries impacted by a natural fishery resource disaster, with the 
following conditions:
    1. Eligibility for a grant shall be limited to any person that has 
less than $2 million in gross revenues annually, as determined by the 
Secretary.
    2. A person may receive a grant under this subsection for up to 75 
percent of any uninsured commercial fishery loss resulting from the 
fishery resource disaster (to the extent that such losses have not been 
compensated by other Federal and state programs), but shall receive no 
more than $100,000 in the aggregate for all such losses suffered as a 
result of the disaster.
    NMFS intends to develop specific implementing regulations governing 
the award of the proposed grants. Section 308(d) of the IFA requires 
the Secretary to establish appropriate limitations, terms, and 
conditions for awarding grants, including provisions specifying the 
means by which an applicant must demonstrate claimed losses and 
limiting the aggregate amounts that may be paid to persons affiliated 
with each other or under common ownership. Such limitations, terms, and 
conditions are to be established after there has been notice and 
opportunity for public comment.
    NMFS is seeking comments from the fishing industry regarding the 
design of an assistance program that will alleviate economic hardship, 
including a program that would reduce future levels of fishing effort 
for resources covered under the Disaster Declaration. NMFS is 
considering compensating fishermen who relinquish their state fishing 
permits for the lost value of their permits as a result of the fishery 
resource disaster. Given the pivotal role of the States of California, 
Oregon, and Washington in regulating the coastal salmon fisheries, NMFS 
would need to work closely with these states in designing an effective 
program. Although government entities are not eligible under the 
statute to receive assistance, NMFS also is requesting comments from 
Indian tribes, state fisheries agencies, and any other interested 
parties. Specific comments and recommendations are requested on the 
following questions:
    1. What would be appropriate goals for the program? How might 
salmon abundance be increased through this program?
    2. Should there be additional eligibility criteria, within 
statutory constraints, to receive a grant?
    3. NOAA is considering soliciting applications from non-
governmental partnerships, trusts, and associations of fishermen in 
order to administer significant numbers of awards; do such associations 
exist?
    4. If fishing permits are relinquished, how can their future 
reissuance be handled by the states?
    5. What should be the basis for the valuation of the permits, and 
should inactive permits be valuated differently? 6. What would be 
appropriate documentation to determine the extent of uninsured losses?
    7. What should be the starting and ending dates of the disaster 
period for purposes of awarding grants, and what factors should the 
Secretary consider in determining these dates?

Classification

    This advance notice of proposed rulemaking has been determined to 
be not significant for purposes of E.O. 12866.

    Dated: May 27, 1994.
Charles Karnella,
Acting Program Management Officer, National Marine Fisheries Service.
[FR Doc. 94-13490 Filed 5-31-94; 9:42 am]
BILLING CODE 3510-22-P