[Federal Register Volume 60, Number 93 (Monday, May 15, 1995)]
[Notices]
[Pages 25891-25892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11924]



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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[Docket No. 950120020-5129-02; I.D. 040695B]
RIN 0648-AG75


West Coast Salmon Fisheries; Northwest Emergency Assistance 
Program; Proposed Amendment

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

ACTION: Program for financial assistance; proposed amendment.

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SUMMARY: The Vessel Permit Buyout Program (Buyout Program) established 
under the Northwest Emergency Assistance Program (NEAP) has been 
developed in consultation with NMFS by the Washington Department of 
Fish and Wildlife (WDFW). For purposes of the Buyout Program only, the 
definitions of ``commercial fishery'' and ``commercial fisheries 
income'' are proposed to be modified to clarify the exclusion of Puget 
Sound gill net permit holders from the Buyout Program, and Puget Sound 
commercial fishing income from the uninsured loss calculations 
associated with the Buyout Program. Also, a definition of ``coastal 
waters'' is proposed in order to clarify the sources of commercial 
fisheries income that can be used to qualify for the Buyout Program. 
This proposed amendment is intended to limit the Buyout Program to 
those permit holders most impacted by the ocean chinook and coho salmon 
disaster declared by the Secretary of Commerce on May 26, 1994.

DATES: Written comments must be received by May 30, 1995.

ADDRESSES: Comments should be sent to Stephen P. Freese, Northwest 
Emergency Assistance Program, Trade and Industry Services Division, 
Northwest Regional Office, National Marine Fisheries Service, Bin 
C15700, 7600 Sand Point Way NE, Seattle, WA 98115.

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

SUPPLEMENTARY INFORMATION:

Background

    NEAP was described in the following documents: Revisions to program 
for financial assistance (60 FR 5908, January 31, 1995); 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). [[Page 25892]] 
    The Buyout Program is intended to compensate commercial fishermen 
for a percentage of their uninsured, and uncompensated by other Federal 
or State programs, lost income suffered as a result of the salmon 
fishery resource disaster and to aid the long-term viability of the 
fishery resource by reducing fishing effort on the stocks. The program 
description published in the October 11, 1994, Federal Register (59 FR 
51419) indicated that the Buyout Program would be applied to the 
Washington State troll and gill net fleets and that Washington State 
may elect to include the charterboat fleets.
    Federal support for the Buyout Program stems from recommendations, 
particularly those of the Snake River Salmon Recovery Team, for 
reducing long-term effects on the salmon resources. As part of the 
recovery plan for Snake River sockeye, spring/summer chinook, and fall 
chinook under the Endangered Species Act, this team specifically 
recommended that a buyout program to reduce fishing capacity in the 
ocean troll, charterboat, and in-river gill net fisheries be undertaken 
in conjunction with decreased quotas and/or fishing times and places. 
These recommendations are now part of the Proposed Salmon Recovery Plan 
that was issued by NMFS Northwest Region on March 20, 1995.
    In consultation with NMFS, WDFW has designed a permit buyout 
program 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. WDFW, in consultation with NMFS, also has the right to 
reject any and all bids.
    The Buyout Program limits eligibility to holders of these 
Washington State commercial salmon fishery licenses in 1994: Salmon 
troll license, salmon delivery license, Willapa Bay/Columbia River 
salmon gill net license, Grays Harbor/Columbia River salmon gill net 
license, or salmon charter license. (Note that a salmon delivery 
license is only for fishing in the Federal exclusive economic zone and 
landing the fish in Washington State. Salmon troll licenses are only 
for fishing within 3 miles off the coast.) The 1994 license requirement 
is a prerequisite for the Buyout Program, and not part of the 
definition of loss established in 60 FR 5910 (January 31, 1995). For 
purposes of determining the uncompensated loss and thus the maximum bid 
an applicant may make, the Buyout Program allows an applicant to use 
only income from salmon fisheries in the coastal waters of Washington, 
Oregon, and California (defined as those waters between the baseline 
from which the territorial sea of the United States is measured, and 
the outer boundary of the exclusive economic zone, i.e., 200 nautical 
miles seaward of the baseline), and the waters of Grays Harbor, Willapa 
Bay, and the Columbia River.
    Excluding Puget Sound gill net licenses would focus the Buyout 
Program principally on those gear groups most associated with the Snake 
River Recovery Team recommendations. Limiting commercial fishing income 
would focus the aid to those fishermen most dependent on chinook and 
coho, fisheries that have been under the most severe restrictions 
because of the conditions underlying the declaration of the fishery 
resource disaster. (Note that Puget Sound fishermen--who mainly harvest 
sockeye, pink, and chinook salmon, and have undergone fishing 
restrictions to protect chinook and coho salmon--have access to the 
Habitat and Data Collection Jobs Programs, where the income eligibility 
criteria include income from all West Coast salmon.)
    In developing this program, WDFW relied on extensive public input 
that included: Six informal meetings with a total of 70 commercial 
salmon fishing industry leaders; a notification by mail of the pending 
Buyout Program to all potentially affected license holders; a mailing 
of proposed state administrative rules to more than 1,300 potential 
applicants, industry associations, media, and public officials; and a 
public hearing including receipt of written testimony and comment. To 
explain the WDFW program and the draft applications, 20 workshops were 
held in 10 different geographic locations, involving more than 400 
fishermen.

Proposed Amendments

    For purposes of NEAP, the following definition of ``coastal 
waters'' is proposed, and changes are proposed to the previously 
published definitions of ``commercial fishery'' and ``commercial 
fishery income'':
    Coastal waters means those waters between the baseline from which 
the territorial sea of the United States is measured, and the outer 
boundary of the exclusive economic zone (i.e., 200 nautical miles 
seaward of the baseline).
    Commercial fishery, for purposes of the Habitat and Data Collection 
Jobs Programs, 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. For purposes of the Vessel Permit Buyout Program, 
commercial fishery is defined as a fishery conducted under a 1994 
Washington State troll, salmon delivery, Willapa Bay/Columbia River 
salmon gill net, Grays Harbor/Columbia River salmon gill net, or salmon 
charter license. (Note that a salmon delivery license is only for 
fishing in the Federal exclusive economic zone and landing the fish in 
Washington State. Salmon troll licenses are only for fishing within 3 
miles off the coast.)
    Commercial fishery income, for purposes of the Habitat and Data 
Collection Jobs Programs, is income derived from participation in the 
commercial fishery. For purposes of the Vessel Permit Buyout Program, 
commercial fishery income is income derived from participation in a 
commercial salmon fishery in the coastal waters of Washington, Oregon, 
and California, and the waters of Grays Harbor, Willapa Bay, and the 
Columbia River.

Classification

    This action has been determined to be not significant for the 
purposes of E.O. 12866.
    The application mentioned in this notice is subject to the 
Paperwork Reduction Act. It has been approved by the Office of 
Management and Budget under control number 0648-0288.

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

    Dated: May 9, 1995.
Henry R. Beasley,
Acting Assistant Administrator, National Marine Fisheries Service.
[FR Doc. 95-11924 Filed 5-12-95; 8:45 am]
BILLING CODE 3510-22-F