[Federal Register Volume 60, Number 20 (Tuesday, January 31, 1995)]
[Notices]
[Pages 5908-5910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-2271]



-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE
[Docket No. 950120020-5020-01; I.D. 121594D]
RIN 0648-AG75


West Coast Salmon Fisheries; Northwest Emergency Assistance 
Program; Revisions

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

ACTION: Revisions to program for financial assistance.

-----------------------------------------------------------------------

SUMMARY: NMFS revises the definition of ``loss'' and the eligibility 
criteria for the habitat restoration and data collection jobs programs 
under the Northwest Emergency Assistance [[Page 5909]] Program (NEAP), 
so that a greater number of fishermen may qualify. The intent of NEAP 
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.

EFFECTIVE DATE: January 25, 1995.

FOR FURTHER INFORMATION CONTACT: Bruce Morehead, (301) 713-2358, or 
Stephen Freese, (206) 526-6113.

SUPPLEMENTARY INFORMATION:

Background

    The NEAP that was described in the following earlier notices: 
Notice of program for financial assistance (59 FR 51419, October 11, 
1994); notice of proposed program (59 FR 46224, September 7, 1994); and 
advance notice of proposed rulemaking (59 FR 28838, June 3, 1994).

Changes to the Program

    Upon review of public comments and discussions with the industry 
and state agencies, additional changes are being made that will 
increase the eligible pool of fishermen and potentially the amount of 
financial assistance each eligible fisherman may receive. These 
changes, as described below, will also greatly reduce the 
administrative burden in implementing the program and the information 
reporting burden placed upon fishermen.

Changes to the Definition of ``Loss''

    ``Loss'' was previously defined through a multi-step process that 
included a subtraction of the applicant's highest annual West Coast 
salmon income of the period 1992 through 1994 from the applicant's 
highest West Coast annual salmon income for the period 1986 through 
1990 (see 59 FR 51419, October 11, 1994). The definition of ``loss'' is 
now revised to allow the subtraction of the applicant's lowest annual 
West Coast salmon income of the period 1992 through 1994 from the 
highest annual West Coast salmon income of the period 1986 through 
1991, in order to more fully capture the impact of the disaster.
    A review of available landing statistics on fisheries associated 
with the NEAP (fisheries associated with northern California, Oregon, 
and Washington) supports this change. Based on comparative catches 
through September of each year and Washington ex-vessel prices, total 
commercial non-charter revenues for salmon fisheries associated with 
the NEAP program may be down collectively by at least 25 percent from 
1993. (Charterboat harvest data for 1994 are unavailable at this time). 
However, there were more significant declines in the following 
components of the West Coast salmon fishery: Ocean troll coho (74,000 
fish harvested in 1993; 0 fish in 1994); ocean troll chinook--above 
Point Arena (156,000 fish harvested in 1993; 39,000 fish in 1994); 
Columbia River net chinook (50,800 in 1993; 34,300 fish in 1994 with 
non-tribal falling from 31,000 fish harvested in 1993 to 5,800 fish in 
1994); and Columbia River net coho catches (37,000 in 1993; 7,000 fish 
in 1994 with non-tribal falling from 36,000 fish in 1993 to 6,000 fish 
in 1994). Commercial non-charter 1994 Puget Sound landings of chinook 
and coho are up significantly over those of 1993 because of fisheries 
that target hatchery stocks. However, the total 1994 Puget Sound marine 
net harvest of these fisheries (hatchery and non-hatchery) are less 
than 50 percent of their 1988-92 averages. Salmon fisheries for chum, 
pink and sockeye are all down from 1993 levels. It would appear that 
for many applicants, 1994 will be the lowest year, and consequently, it 
is expected that the loss calculations for many fishermen will be 
greater under this revision.
    The revised definition of ``loss'' also expands the applicant's 
base year selection to include 1991. This will increase the eligible 
pool of applicants and increase for some applicants their calculated 
loss. For example, based on data provided by the Pacific States Marine 
Fisheries Commission to the Pacific Fishery Management Council, 
approximately 325 commercial non-tribal vessels harvested salmon during 
1991 that did not harvest any salmon during the years 1986 through 
1990; furthermore, 1991 was the highest year for almost 7 percent of 
all such vessels harvesting salmon during 1986-1991.
    Charterboat operators may not keep sufficient records that would 
allow them to determine the proportion of fishing income that is 
derived from salmon. If such operators can provide evidence such as a 
state salmon permit and/or letters of endorsement from a charterboat 
association or charterboat booking association that indicate that 
salmon was a major component of earnings, then total income from all 
operations may be substituted as estimates of commercial fishing 
income, which is defined under this program to be salmon income from 
West Coast harvests. In support of this substitution, the Northwest 
Marine Recreational Baseline Study prepared for NMFS by Natural 
Resources Consultants, Inc., states that ``By the late 1980's through 
the 1990 season, the average Westport charter office made 65% to 70% of 
its income through salmon fishing, 25% to 35% from bottom fishing, and 
0% to 5% from whale and bird watching trips.''

Changes to the Eligibility Criteria for the Habitat Restoration and 
Data Collection Jobs Programs

    In recognition that the criteria only allow access to the right to 
work for hourly wages, several steps of the multi-step eligibility 
determination are simplified to reduce the reporting burden on the 
fishermen and the potential for appeals and to make program 
administration easier and more flexible. This notice abolishes those 
components of the program requiring each applicant to have: Earned at 
least 50 percent of gross income from salmon fishing; earned commercial 
fishery income in 1991, 1992, 1993, or 1994; and suffered a decline in 
commercial fishery income of at least 50 percent. The purpose of these 
requirements was to target the assistance to those fishermen most 
dependent on salmon and most recently involved in fishing. Given recent 
trends in fish harvests, it would be difficult for some fishermen to 
indicate earning fishing income in these years. Some fishermen chose 
not to fish because fishing was either unprofitable or prohibited 
because of conditions associated with the fishery resource disaster. To 
ensure program beneficiaries have a certain degree of income dependence 
upon the fishery, a new criterion is added: Applicants must show that 
they must have earned at least $5,000 in commercial fishing income in 
their chosen base year. This criterion is based on data on 12,000 
commercial non-charter non-tribal vessels that fished during 1986 to 
1993. Approximately 50 percent of these vessels had a maximum annual 
revenue during the period 1986-91 of $5,000 or less. This criterion is 
intended to maintain the focus of the program on fishermen who depend 
on salmon for income. Virtually all of the fishing vessels that earned 
at least $5,000 in any one year from 1986 to 1991 showed a loss. 
Because income tax records for 1994 should be available, the criteria 
that if single, the applicant's 1993 gross income must have been less 
than $25,000 and, if married, the income of the applicant and his/her 
spouse must have been less than $50,000 is modified to allow the choice 
of 1993 or 1994 for determining gross income. [[Page 5910]] 

Clarification of Participation in the Habitat Restoration and Data 
Collection Jobs Programs

    Although included in the notice of proposed program for financial 
assistance (see 59 FR 46226, September 7, 1994) the policy that 
``persons receiving a permit buyout are not eligible for the jobs 
program'' was omitted from the notice of program for financial 
assistance (59 FR 51419, October 11, 1994) due to oversight. Therefore, 
in response to questions from the Washington Department of Fisheries 
and others, the intended policy is now established. Persons receiving a 
permit buyout are not eligible for the jobs program.
    The following revised description of loss and eligibility criteria 
incorporates the changes described above.

Revised Definition of Loss

    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 1991.
    2. For comparison to the base year, the applicant determines his/
her commercial fishery income from 1992, 1993, or 1994, and selects 
whichever year commercial fisheries income was the lowest. This is the 
comparison year. If the applicant had no commercial fishery income 
during the years 1992 to 1994 but can show evidence of being a current 
member of the salmon industry, commercial fisheries income is assumed 
to be zero for the years 1992 to 1994. Applicants who did not sell 
their permits but allowed permits to lapse via non-renewal, and still 
consider themselves members of the commercial salmon fishing community, 
must provide supporting evidence to the administrative intermediary or 
its representatives. Such evidence can be written endorsement by any 
commercial fishing association, tribal government, fish marketing 
association, or charterboat association. If the fisherman does not 
belong to any association, written endorsements by three currently 
(1993) commercially permitted or licensed members of the industry must 
be provided. These written endorsements must include the endorser's 
name, address, phone number, and appropriate permit and license 
numbers. Crew members, in similar situations, can provide such evidence 
via written endorsement by their last employer. In these instances 
where no commercial fishing income was earned from 1992 through 1994, 
should the applicant provide the necessary proof, the comparison year 
fishing income is assumed to be 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. (If charterboat captains or crew do not have adequate 
records to determine the specific amount of commercial fishing income, 
i.e., the amount of revenue earned from West Coast salmon fishing, the 
administrative intermediary is given the discretion to allow total 
fishing income from all species of fish to be substituted for 
commercial fishery income in these calculations.)
    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.

Revised Eligibility Criteria for the Habitat Restoration and Data 
Collection Jobs Programs

    For purposes of the habitat restoration and data collection jobs 
programs under NEAP, job applicants must meet all of the following 
eligibility criteria to receive assistance:
    1. The applicant must not have received a permit buyout under the 
Vessel Permit Buyout Program.
    2. The applicant must show an uninsured loss.
    3. The applicant must have earned at least $5,000 in commercial 
fishing income in the base year selected in determining loss.
    4. If single, the applicant's 1993 or 1994 gross income must have 
been less than $25,000. If married, the applicant's 1993 or 1994 gross 
combined income of the applicant and his/her spouse must have been less 
than $50,000.

Classification

    This action has been determined to be not significant for purposes 
of E.O. 12866.
    This action revises definitions and eligibility criteria for 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.

    Authority: 16 U.S.C. 4107(d)

    Dated: January 25, 1995.
Nancy Foster, Ph.D.,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 95-2271 Filed 1-25-95; 5:01 pm]
BILLING CODE 3510-22-F