[Federal Register Volume 59, Number 195 (Tuesday, October 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24997]


[[Page Unknown]]

[Federal Register: October 11, 1994]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration
[Docket No. 940844-4282; I.D. 082394C]
RIN 0648-AG75

 

West Coast Salmon Fisheries; Northwest Emergency Assistance Plan

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

ACTION: Notice of program for financial assistance.

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SUMMARY: NMFS establishes a program, the Northwest Emergency Assistance 
Plan (NEAP), that will provide $12 million of assistance to salmon 
fishermen in the Pacific Northwest who have been affected by a fishery 
resource disaster during 1992 through 1994, while providing 
conservation benefits to salmon resources. These disaster relief funds, 
which were made available under the Interjurisdictional Fisheries Act 
(IFA), will be applied toward the following three programs, 
administered by the following intermediaries: A vessel permit buyout 
program--Washington Department of Fish and Wildlife; and a habitat 
restoration jobs program--Soil Conservation Services (SCS) of the U.S. 
Department of Agriculture (USDA); and a data collection jobs program--
Pacific States Marine Fisheries Commission (PSMFC). The intent is to 
provide assistance to those commercial fishermen who have recently 
participated in the salmon fisheries, who were substantially reliant on 
West Coast salmon resources for their income, and who suffered an 
uninsured loss as a result of a significant reduction in income because 
of the resource disaster. The intent is also to provide this assistance 
in a manner likely to contribute to conservation/restoration efforts 
for salmon.

EFFECTIVE DATE: October 11, 1994.

FOR FURTHER INFORMATION CONTACT:

Bruce Morehead, (301) 713-2358, or Stephen Freese, (206) 526-6113.

SUPPLEMENTARY INFORMATION:

Background

    On May 26, 1994, the Secretary of Commerce (Secretary) declared a 
fishery disaster and, with the Office of Management and Budget (OMB), 
announced a $15.7 million emergency aid package for Oregon, Washington, 
and northern California. This aid is intended to alleviate the economic 
hardship suffered by individuals and communities because of the 
collapse of salmon stocks in fishing areas along the Northwest coast. 
Included in this package is $12 million available under the section 
308(d) of the Interjurisdictional Fisheries Act of 1986, 16 U.S.C. 
4107(d), to undertake the NEAP program, as described in this notice.
    In addition, $3 million is being administered by the Rural 
Development Administration (RDA) of USDA. Grants by RDA will be made to 
public bodies and private nonprofit corporations to finance development 
of small business enterprises in cities under 50,000 in population. The 
Economic Development Administration (EDA) of the Department of Commerce 
is making $882,000 available, instead of the $700,000 originally 
announced as part of the $15.7 million aid package. Grants by EDA have 
been earmarked to communities for tourism development and to tribes for 
stream reclamation.
    In addition to the $15.7 million package, aid to salmon fishermen 
is also being provided by the Small Business Administration and the 
Farmers Home Administration, in the form of loans and debt 
restructuring programs, and by the Federal Emergency Management Agency 
(FEMA) and the Department of Labor (DOL) in the form of unemployment 
assistance, up to $14 million, to dislocated Washington, Oregon, and 
California fishermen who are unemployed as a direct result of the 
continuing effects of El Nino on salmon fishing.
    On behalf of the Secretary, NMFS published an advance notice of 
proposed rulemaking (ANPR) on June 3, 1994 (59 FR 28838), to solicit 
public comment on issues to be considered in development and 
implementation of the $12 million NEAP program. In addition to the 
ANPR, NOAA's Office of Sustainable Development and Intergovernmental 
Affairs arranged a series of eight town meetings designed to gather 
information about the effects of the decline in the salmon resources on 
local communities and fishermen. A notice of the proposed program, 
which included responses to comments received on the ANPR, was 
published on September 7, 1994 (59 FR 46224). Comments received in 
response to that notice are summarized and responded to in this 
document.

Fishery Resource Disaster

    Although West Coast (Washington, Oregon, and California) salmon 
stocks experience annual fluctuations in abundance, stock abundances in 
the last few years have been exceptionally low. West Coast salmon 
species are coho, chinook, chum, sockeye, and pink salmon. Landings of 
chinook and coho, have declined significantly, from roughly 6.2 million 
fish in 1988 to 2 million fish in 1993. Chinook salmon fisheries in the 
ocean waters off Washington and Oregon north of Cape Falcon were closed 
in 1994 by the Federal Government. Other salmon fisheries in the ocean 
waters off central and southern Oregon and northern California are at 
reduced levels and are closed to fishing for coho. Additional 
information regarding the declines in chinook and coho can be found in 
the ANPR and the notice of the proposed program, and is not repeated 
here.
    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, in combination with the already depressed condition of 
northern California stocks; (2) less than normal snowpack throughout 
the western United States; (3) drought followed by extensive flooding 
in the State of Washington; and (4) poor upwelling, due to an extreme 
El Nino ocean warming event during 1992-1993, all of which are believed 
to have been responsible for extremely poor salmon survival.

Comments and Responses

    During the comment period, thirty-three comment letters were 
received including several that had multiple signatures. Almost all of 
the comments were from Oregon and California. Almost all comments 
recommended the need for direct grants while the majority of comments 
were recommending reduction in the total Washington State targeted-
state distribution and for elimination of the Washington State permit 
buyout program. Other major comment areas concerned loosening of the 
eligibility criteria, and recommendations for improvements in the 
Habitat Restoration and the Data Collection Jobs Programs.

Direct Assistance to Impacted Salmon Fishermen

    Comment: Many respondents requested that direct assistance be 
provided to eligible salmon fishermen for a variety of needs including 
family related expenses and vessel maintenance and moorage.
    Response: NOAA has decided not to provide direct assistance to 
impacted salmon fishermen for a number of reasons. Direct aid is 
inconsistent with other Federal actions such as the aid granted to 
distressed New England fishermen or to distressed Northwest timber 
workers. DOL Disaster Unemployment Assistance is available in all three 
states. Special administrative mechanisms would need to be established 
which would slow relief and increase administrative expense. Another 
key consideration is that direct aid, unlike the jobs and permit buyout 
programs, would do little to improve the prospects for an 
overcapitalized salmon fishery.

State Funding Targets

    Comments were received concerning the state funding targets. 
Several comments acknowledged that Washington State may have suffered 
the greatest impact but did not agree that Washington's share should be 
as high as 55 percent, particularly if the share was based on 
information concerning the private recreational harvests and associated 
impacts. Alternative suggestions were to divide the aid equally between 
the three states; to allocate 40 percent to Washington State and 30 
percent each to the other states; or to base the allocations on the 
apportionment guidelines used for other purposes under the IFA.
    Comment: Targeted state distributions between the states should be 
changed.
    Response: After careful review of such factors as potential salmon 
fishing employment, commercial revenues and recreational expenditures, 
NOAA has chosen to maintain the state funding targets at 55 percent to 
Washington, 22.5 percent to the Oregon, and 22.5 percent to California 
as proposed. These percentages are established as targets that allow 
some flexibility and not as rigid allocations, since no data can 
conclusively apportion the relative economic impact among the three 
states.

Eligibility Requirements

    The proposal identified eligibility criteria for participation in 
both the jobs programs and the permit buyout program. Under the 
proposal for the buyout program, the commercial fisherman would have 
been required to demonstrate that he/she suffered a loss between a 
selected base year and 1992 or 1993. Under the proposal for the jobs 
programs, the commercial fisherman would have been required to show 
that: At least 50 percent of his/her income in the base year was 
derived from fishing, he/she fished in either 1992 or 1993, his/her 
income declined by at least 50 percent between the base year and 1992 
or 1993, and his/her 1993 gross income must be no more than $25,000 for 
individuals or $50,000 in combined spousal income (husband's plus 
wife's). Several comments and suggestions sought relaxation of the 
eligibility criteria, thereby enlarging the pool of eligible 
participants.
    Comment: Several commenters suggested that NMFS should expand the 
years for comparison to determine loss. Currently, the commercial 
fisherman selects a base year from 1986-1989 and compares fishery 
income to either 1992 or 1993. Expanding the possible base years to 
include 1990 and the possible comparison years to include 1994 would 
broaden the number of participants eligible for the programs.
    Response: NMFS has made changes in how NEAP eligibility and 
uninsured losses are determined to give added opportunity for 
participation by fishermen. Fishermen can use 1991 and 1994 in addition 
to 1992 and 1993 as years to establish eligibility with respect to 
earning commercial fisheries income. For calculating the amount of 
uninsured loss, 1990 can be used as a base year and 1994 can be used as 
a comparison year. If a fisherman had commercial fisheries income in 
1991, but none in 1992 through 1994, income for the comparison year can 
be zero.
    Comment: Decrease the percentage of base year fishery income 
necessary to qualify for the jobs programs.
    Response: Under the proposal, the commercial fisherman must show 
that at least 50 percent of his/her income is derived from fishing in 
the selected base year. Suggestions were made to reduce this to 40 
percent. Because of limited funds, the purpose of using 50 percent is 
to capture individuals who depended on fishing for a majority of their 
income.
    Comment: Modify the gross income requirements for the jobs 
programs.
    Response: Under the current proposal, if single, the applicant's 
1993 gross income must have been less than $25,000 and if married the 
1993 gross combined income of the applicant and his/her spouse must 
have been less than $50,000. There is a suggestion to increase the 
$25,000 level to $40,000. Maintaining this $25,000 cap is expected to 
assist the neediest fishermen and will allow for a sufficient pool of 
applicants.
    Comment: Apply eligibility criteria equally to all programs.
    Response: Under the current proposal, to qualify for the permit 
buyout program an individual need only show an uninsured loss. To 
qualify for the jobs programs, however, an individual must meet 
additional criteria. Extending the jobs' criteria to the buyout program 
would exacerbate the administrative complexities of the program. It 
could possibly lead to more funds being absorbed in administrative 
costs and less funds going directly to fishermen. By reducing the 
number of potential bidders under the buyout program, the additional 
criteria would tend to raise the price paid for each permit and reduce 
the number of permits that could be purchased.

Habitat Restoration Jobs Program

    Comment: Flexibility should be afforded to the habitat restoration 
jobs program to allow for broader types of activities. Respondents 
suggested the following: pre-restoration stream surveys, post-
restoration monitoring, public education, and habitat protection.
    Response: NMFS will provide flexibility to SCS to include a wider 
range of habitat related activities as part of this program.
    Comment: Priority should be given to those projects that include 
matching or in-kind contributions.
    Response: NOAA will stipulate in the Interagency Agreement with SCS 
that greater consideration be given to those projects that include a 
cost share/match or in-king contribution.
    Comment: Funds provided to California for purposes of the habitat 
restoration jobs program should be divided equally between the resource 
conservation districts and the Salmon Stamp Program.
    Response: SCS will consider providing these funds to the California 
Association of Resource Conservation, which in turn will award funds to 
Tribal organizations, conservation districts, state agencies and other 
organizations capable of conducting habitat restoration work based on 
scientific merit and priority needs.
    Comment: None of the NEAP money should be made available for the 
Columbia/Snake, Klamath/Trinity, or Central Valley watersheds, because 
they have already received substantial Federal funds. Instead, funds 
should be directed to smaller but more critical habitats.
    Response: Currently almost all Federal funds spent to undertake 
habitat restoration projects in the named watersheds are applied to 
projects on public lands. To complement these existing Federally funded 
activities, NOAA intends for funds under this program to be used 
primarily for projects on private lands in the named watersheds. At the 
same time, program funds may also be used to restore other critical 
watersheds.
    Comment: A number of respondents expressed concerns that no 
specific criteria were identified to assess scientific merit and/or 
need for individual habitat restoration jobs projects. Another 
respondent stated that projects should be developed after a watershed 
analysis. Similarly, there were concerns that the habitat restoration 
jobs program not overlap or duplicate other similar state and Federal 
projects undertaken as part of the Forest Plan.
    Response: NMFS is working with SCS to develop a review process that 
evaluates the biological aspects of individual projects and ensures the 
activities do not duplicate ongoing efforts. As deemed appropriate, a 
watershed analysis will be required for projects.
    Comment: Specific caps should be stipulated for the administrative 
costs associated with the habitat jobs restoration program.
    Response: The Interagency Agreement between NOAA and SCS will 
stipulate that the cumulative administrative costs for the habitat 
restoration jobs program not exceed 15%.

Data Collection Jobs Program

    Comment: Funds provide to the PSMFC should not be restricted by 
state allocation levels. All applicants, regardless of residence, 
should compete openly for a single pool of funds.
    Response: The PSMFC has the flexibility to deviate from the state 
allocation targets, if there is substantial justification. State 
distribution targets are intended as guides rather than rigid 
allocations. Final state distributions may differ from these targets.

Other

    Comment: If the jobs programs are not available until spring, some 
fishermen will be participating in other fisheries, and unable to 
participate in the program.
    Response: The timing of many habitat restoration jobs will be 
limited by weather and biological considerations. It is intended that 
the habitat restoration jobs program include a broader range of 
projects, which may provide for jobs during all seasons.
    Comment: The jobs programs are not structured to lead to permanent 
employment at a living wage. There is no long-term assistance for 
training, placement, or business startup.
    Response: The intent of the programs is to compensate fishermen for 
uninsured losses and not to provide long-term assistance for other 
employment or business opportunities.
    Comment: Salmon fishermen currently receiving unemployment funds 
and or Federally funded training should not be ineligible to 
participate in the habitat restoration jobs program.
    Response: Salmon fishermen receiving Federal unemployment funds or 
Federally funded training are not precluded from receiving funds from 
NEAP. However, funds received for such purposes are considered 
compensation. The IFA provides that eligible commercial fishermen may 
only receive 75% of their total uncompensated and uninsured loss, and 
may not receive in excess of $100,000 in total Federal compensation.
    Comment: Why are support industries and government entities 
ineligible for assistance?
    Response: NOAA acknowledges that the closure of the salmon fishery 
negatively impacted the recreational support industries, fish 
processing workers, and local governments. However, the IFA clearly 
provides that aid under this authority will be made available only to 
commercial fishermen.
    Comment: Why is this program taking so long to get started?
    Response: Certain procedural steps must be undertaken to comply 
with the IFA and other applicable law. These steps include opportunity 
for public notice and comment. Also the programs need to be designed 
and made operational. All three programs require agreements with the 
administrative intermediaries who in turn must create programs and 
processes that comply with the NEAP. All efforts are being undertaken 
to expedite the assistance.
    Comment: Because of the recent Sonoma County, California, FEMA 
disaster declaration, the geographic range of the jobs programs needs 
to be expanded.
    Response: The listing of counties was to serve as a means of 
illustration of the likely counties where projects are to take place. 
The eligibility criteria do not require that fishermen must live in the 
county where the projects take place. Habitat restoration projects are 
geographically limited to locations within close commuting distance of 
commercial fishermen as defined under this action. However, for sake of 
completeness Sonoma County will be specifically mentioned as well as 
the counties bordering on the tributaries of the Columbia River.

Changes From the Proposed Program

    In response to comments, NMFS has made substantive changes to NEAP, 
from the proposed program, to provide added opportunity and flexibility 
for participation by fishermen impact by the disaster. As noted in the 
response to comments, these changes are: (1) Fishermen can use 1991 or 
1994 in addition to 1992 or 1993 as years to establish eligibility with 
respect to earning commercial fishing income; (2) fishermen can use 
1990 as a base year and 1994 as a comparison year to calculate the 
amount of uninsured loss; (3) charterboat permit holders are eligible 
for the buyout program at the discretion of Washington State; and (4) 
the geographical range for habitat restoration projects has been 
expanded.

NEAP Program

I. Statutory Authority

    Section 308(d) of the IFA, codified at 16 U.S.C. 4107(d), 
authorizes the Secretary to award grants to persons engaged in 
commercial fisheries, for uninsured and uncompensated losses determined 
by the Secretary to have been suffered as a direct result of a fishery 
resource disaster. Set forth below are the conditions and definitions 
established by NOAA, pursuant to authority delegated by the Secretary, 
to implement the programs described in part III.
    The IFA requires that ``the Secretary shall determine the extent, 
and the beginning and ending dates of any fishery resource disaster'' 
(16 U.S.C. 4107)(d)(2)). Although there have been declining trends in 
landings from the salmon fisheries in recent years, a sharp decline did 
not occur until after 1991. This sharp decline coincided with an 
extreme El Nino ocean warming event during 1992-1993. The 1994 season 
is the first season in which all ocean fisheries for coho were closed; 
the projected chinook harvest for ocean fisheries indicates a new 
record low will be achieved, eclipsing the previous record low in 1992. 
Therefore, for the purposes of the NEAP, the beginning and ending dates 
of the fishery resource disaster are January 1, 1992, and December 31, 
1994, respectively.
    The extent of this disaster includes the waters and habitat 
associated with the salmon fisheries of northern California, Oregon and 
Washington.

II. Definitions

    For the purposes of the NEAP program:
    Commercial fishermen are vessel owners, operators, or crews 
directly involved in the commercial fishery.
    Commercial fishery is defined as the salmon fishery off the coasts 
and in the state waters of Washington, Oregon, and California for 
purposes of either selling the salmon harvested or providing a vessel 
for hire that carries recreational fishermen to engage in fishing for a 
fee (e.g., charterboats and headboats). Subsistence fisheries do not 
fall under this definition.
    Commercial fishery income is earned income derived from 
participation in the commercial fishery.
    Gross income includes all income received in the form of money, 
goods, property, and services that is not exempt from Federal income 
tax.
    Loss is defined as a loss of income not subject to Federal or state 
compensation and determined by a multi-step procedure, as follows:
    1. The applicant (commercial fisherman) selects a base year from 
the years 1986 through 1990.
    2. The applicant determines his/her commercial fishery income from 
1992, 1993, or 1994, and selects whichever year commercial fisheries 
income was the highest. This is the comparison year. If an applicant 
had no commercial fisheries income from 1992 to 1994, the amount for 
the comparison year is zero.
    3. If the amount of the applicant's commercial fishery income, as 
selected in step 2 above, is less than the applicant's commercial 
fishery income from the base year, then a loss has occurred. The amount 
of the annual loss is the difference between the applicant's base year 
commercial fishery income and that from the comparison year selected in 
step 2 above.
    4. The amount of the annual loss calculated in step 3 above is 
multiplied by three to determine the applicant's total loss for the 
disaster period.

    (Note: The Federal assistance programs announced in this notice 
are limited to compensation to commercial fishermen for uninsured 
losses that have not been addressed through compensation from other 
state or Federal programs.)

    Salmon means chinook (king) salmon (Oncorhynchus tshawytscha), coho 
(silver) salmon (Oncorhynchus kisutch), pink (humpback) salmon 
(Oncorhynchus gorbuscha), chum (dog) salmon (Oncorhynchus keta), and 
sockeye (red) salmon (Oncorhynchus nerka).

III. Program Descriptions

A. Vessel Permit Buyout Program

    This program is intended to compensate commercial fishermen for 
uninsured lost income and to aid the long-term viability of the fishery 
resource by reducing fishing effort on the stocks.
    Only Washington State has indicated a strong interest in a buyout 
program and currently has a limited entry program that meets the 
program requirements. Therefore, Washington State will function as the 
sole administrative intermediary. However, if another state or tribal 
government entity has in place an appropriate limited-entry system and 
wants to participate in the buyout program, NMFS will consider allowing 
buyouts of limited entry permits issued under appropriate limited entry 
permit programs other than Washington State's. Washington State, in 
consultation with NMFS, shall design a permit buyout program that is 
consistent with state and Federal management and grant regulations, 
including a ``permit offer'' application that allows assessment of the 
uninsured, and otherwise uncompensated, loss of the applicant, any 
receipt of benefits by the applicant from all other assistance programs 
associated with this disaster, and the gross income of the applicant in 
1993 (or, if married, the combined gross income of both spouses). The 
administrative costs charged by Washington State shall be kept at a 
minimum; such costs should not exceed 7.5 percent of the total funds 
distributed for this program.
    Offers to sell gillnet or troll permits from commercial fishermen 
who participate under limited entry systems of qualified government 
entities will be solicited by the State of Washington. (Qualified 
government entities are those governments that administer limited-entry 
commercial salmon fisheries and can ensure that permits bought out will 
not be replaced.) These commercial fishermen will need to demonstrate 
an uninsured, and otherwise uncompensated, loss as a result of the 
fishery resource disaster, as defined for the purposes of NEAP.
    Permits will be selected for buyout based on a sealed bid process. 
Starting with the lowest offers, permits will be purchased until the 
funds are exhausted. Maximum purchase prices for these permits will be 
limited to amounts that ensure that the offerer (commercial fisherman) 
will not be receiving total benefits from this and any other program 
that exceed 75 percent of his or her uninsured, and otherwise 
uncompensated, commercial fishery loss resulting from this fishery 
resource disaster, and in no case more than $100,000 per individual. 
The State of Washington, in consultation with NMFS, will reserve the 
right to reject any and all bids.
    This program was originally designed to be applied to the 
Washington State troll and gillnet fleets. However, Washington State 
may elect to include the charterboat fleet. Fishermen may contact the 
Washington Department of Fish and Wildlife for updates on the 
development of this program. For more details about the buyout program, 
consult the September 7, 1994, notice of the proposed program.

B. Habitat Restoration Program

    The habitat restoration program will hire eligible commercial 
fishermen (i.e., those who suffered uninsured losses as a result of the 
West Coast salmon fishery disaster), both tribal and non-tribal, at a 
``living wage'' to perform work that has a long-term beneficial impact 
on the habitat of the salmon. Generally, ``living wages'' are wages 
commensurate with the prevailing rate for similar work conducted in a 
specific locality. Depending on the locality and the skills required, 
living wage may range up to $10-15 per hour. The types of work 
fishermen may do under this program will involve the operation of 
backhoes and skiploaders, and undertaking the necessary plantings of 
vegetation. Generally, fishermen will need 1 to 2 days of training. 
Commercial fishermen who meet the eligibility criteria will be hired on 
a first-come, first-served basis by contractors associated with 
projects that have been solicited and approved by the administrative 
intermediary.
    Habitat restoration projects are to take place in areas 
geographically accessible to displaced fishermen, which include the 
coastal counties from Sonoma County, CA, to Whatcom County, WA; Clallam 
County, WA; and counties bordering on Puget Sound or the Columbia River 
or its tributaries. If within commenting distance, projects can be 
undertaken in other counties, if they contain habitat important to the 
salmon resources associated with the fishery resource disaster.
    NMFS intends to enter into an agreement with the SCS to serve as 
the administrative intermediary for the habitat restoration program. A 
discussion of the rationale for choosing the SCS as the intermediary 
for this program can be found in the September 7, 1994, notice of the 
proposed program.
    The SCS will enter into agreements with the appropriate state 
conversation agency, conversation commission, or association of 
conservation districts, which, in turn, will develop: A grant 
solicitation process, including guidelines for making a grant 
application; a grant application review process; deadlines for grant 
applications; and a monitoring and evaluation process. Each state 
conservation agency, conservation commission, or association of 
conservation districts will develop agreements with state employment 
departments to establish a program to determine the eligibility of 
commercial fishermen according to the criteria described elsewhere in 
this notice.
    While it is NMFS' intention to make financial assistance available 
as soon as possible, it should be noted that, due to weather, habitat 
considerations, and the need for project review, planning, and 
implementing, it is unlikely that many fishermen will start receiving 
wages in this program prior to April 1, 1995. Every effort to expedite 
the program will be made.

C. Data Collection Jobs Program

    NMFS has chosen the PSMFC as the administrative intermediary for 
the data jobs program in the three affected states. NMFS has selected 
the PSMFC as the administrative intermediary because PSMFC goals, 
objectives, and organizational structure coincide largely with the 
implementation needs of this program. The rationale for choosing the 
PSMFC as the intermediary for this program is discussed in the 
September 7, 1994, notice of the proposed program.
    The data collection program will provide jobs associated with 
collecting information or performing tasks that will be of use to 
scientists and fishery managers. Under this program, eligible 
commercial fishermen, both tribal and non-tribal, will be hired on a 
first-come, first-served basis, at a ``living wage,'' up to $10-15 per 
hour, to perform various tasks by contractors associated with approved 
projects. Examples of these tasks include collecting tissue samples for 
genetic research, measuring parameters of the ocean environment 
(temperature, upwelling, etc.), performing baseline surveys of habitat, 
participating in test fisheries to determine ocean fish distribution, 
and assisting hatchery technicians in collecting information or in 
improving hatchery operations. Commercial fishing vessels may also be 
chartered to do research. For some tasks, as with the habitat 
restoration program, training of fishermen will be required.
    Proposals will be competitively solicited by the administrative 
intermediary from states, tribes, academia, and industry or 
conservation organizations for projects to be considered under this 
data collection jobs program. These proposals will be ranked according 
to criteria established in section IV of this notice. To ensure that 
this program complements the habitat restoration program and does not 
duplicate other Federal assistance programs, representatives from NMFS 
and SCS will be members of this review panel. Priority will be given to 
projects that provide the greatest benefits to displaced fishermen; 
address the sustainability or rebuilding of anadromous species, 
especially threatened or endangered salmon stocks; address Federal, 
Pacific Fishery Management Council, PSMFC, or state fishery research 
needs; are based on sound scientific methodology; and have low 
administrative costs. Applicants must demonstrate ability to manage and 
account for Federal funds. Matching funds or cost sharing are not 
required, but may be taken into consideration during the final 
selection process. The timing of the actual employment of fishermen 
will depend on the planning and proposal selection process, as well as 
the best seasons in which to undertake research.

IV. Eligibility Criteria

    For purposes of the habitat restoration and data collection 
programs under NEAP, job applicants must meet all of the following 
eligibility criteria to receive assistance:
    1. The applicant must show an uninsured loss.
    2. In the base year (1986, 1987, 1988, 1989, or 1990) used by the 
applicant in determining loss, the applicant must have earned at least 
50 percent of gross income from the commercial fishery.
    3. The applicant must have earned commercial fishery income in 
1991, 1992, 1993, or 1994.
    4. The applicant's 1992, 1993, or 1994 commercial fishery income, 
whichever is greater, must have declined by at least 50 percent from 
the applicant's commercial fishery income from the base year selected. 
If an applicant had no commercial fishery income in 1992-1994 and had 
commercial fishery income during a base year, this criterion is 
satisfied.
    5. If single, the applicant's 1993 gross income must have been less 
than $25,000. If married, the applicant's 1993 gross combined income of 
the applicant and his/her spouse must have been less than $50,000.
    No person may receive financial assistance under NEAP that exceeds 
75 percent of any uninsured and otherwise uncompensated commercial 
fishery loss resulting from the fishery resource disaster, and no 
person may receive more than $100,000 of Federal funds in the aggregate 
for all losses resulting from the disaster.
    The intent of these criteria is to provide the available assistance 
to those commercial fishermen who have been most heavily dependent on 
salmon fishing and who have suffered the greatest losses. In order to 
comply with the requirements of the IFA, an uninsured loss must be 
shown. The second criterion is intended to determine those applicants 
that have been dependent on the commercial fishery for most of their 
livelihood. The third criterion is intended to limit eligibility to 
those who commercially fished during the disaster period. The final two 
criteria are intended to focus the available financial assistance on 
those commercial fishermen who have suffered the greatest losses due to 
the disaster and who do not have significant income from other sources.
    In applying for any of the programs, a commercial fisherman will be 
required to submit documentation, including salary, earnings, or crew-
share statements and affidavits that demonstrate eligibility.
    Discussion of the rationale for these criteria was provided in the 
notice of the proposed program and is not repeated here.

V. Program and State Funding Targets

    NMFS anticipates that the NEAP program will result in the following 
distribution of available financial assistance among the affected 
states and programs: 55 percent of available funds will be distributed 
to the State of Washington and 22.5 percent of available funds will be 
distributed to each of the States of Oregon and California. NMFS 
emphasizes that these are ``target'' distributions, not fixed 
percentages, and are flexible; redistributions could be made, if 
increased total benefits can be achieved.

Classification

    This action has been determined to be not significant for purposes 
of E.O. 12866.
    This action establishes a financial assistance program that will 
contain collection-of-information requirements subject to the Paperwork 
Reduction Act. The necessary information collection forms and specific 
reporting requirements have not been fully identified at this time, and 
will be developed in conjunction with the intermediaries administering 
the program, and submitted to OMB for approval prior to implementation.
    Because this notice establishes a program to address some of the 
immediate needs of salmon fishermen affected by the resource disaster, 
there is good cause under section 553(d)(3) of the Administrative 
Procedure Act to make this notice effective upon publication in the 
Federal Register. Any delay in making this program effective will delay 
relief to those adversely affected by the disaster and, therefore, 
delaying the effective date of this notice for 30 days in contrary to 
the public interest.

    Dated: October 4, 1994.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
[FR Doc. 94-24997 Filed 10-4-94; 5:06 pm]
BILLING CODE 3510-22-M