[Federal Register Volume 60, Number 120 (Thursday, June 22, 1995)]
[Notices]
[Pages 32507-32509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15322]



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DEPARTMENT OF COMMERCE
[Docket No. 950120020-5160-03; I.D. 040695B]
RIN 0648-AG75


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

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

[[Page 32508]] ACTION: Program for financial assistance; final 
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 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 provided in 
order to clarify the sources of commercial fisheries income that can be 
used to qualify for the Buyout Program. This 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 (Secretary) on May 26, 1994.

EFFECTIVE DATE: June 19, 1995.

ADDRESSES: Requests for further information 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). Background 
information specific to this notice can be found in the proposed 
amendment published at (60 FR 25891) on May 15, 1995.
    The Buyout Program is intended to compensate commercial fishermen 
for a percentage of their uninsured, and otherwise uncompensated, lost 
income suffered as a result of a natural 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 gillnet 
fleets and that Washington State may elect to include the charterboat 
fleets.
    In consultation with NMFS, WDFW has designed a 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/delivery 
license, Willapa Bay/Columbia River salmon gillnet license, Grays 
Harbor/Columbia River salmon gillnet license, or salmon charter 
license. 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 (EEZ), i.e., 200 nautical miles (323 kilometers) seaward 
of the baseline), and the waters of Grays Harbor, Willapa Bay, and the 
Columbia River. These definitions focus the Buyout Program principally 
on those gear groups and fishermen that have been under the most severe 
restrictions because of the conditions underlying the declaration of 
the fishery resource disaster.

Comments and Responses

    Fifteen sets of comments were received about the definitions 
published in the proposed amendment (60 FR 25891, May 15, 1995), all of 
which were supportive of changes and clarifications to the definitions 
of ``coastal fishery'' and ``commercial fishery income.'' These 
comments are grouped into three general comments that address: The new 
definitions, the implications of any unnecessary delays to the program, 
and future funding or problems with other facets of the government 
disaster assistance.
     Comment: Many responded that they had understood that Puget Sound 
gillnetters would be excluded, that the definitions of ``commercial 
fishery'' and ``commercial fisheries income'' will target the coastal 
and Columbia River salmon fisheries; or that ``coastal'' referred to 
ocean and Columbia River fisheries, not all salt water fisheries. Many 
respondents also stated that coastal and Columbia River salmon 
fisheries are the fisheries most impacted by the disaster declared by 
the Secretary on May 26, 1994. In contrast, Puget Sound gillnetters had 
a season in 1994.
    Response: Under NEAP, WDFW was authorized to establish the Buyout 
Program. WDFW developed a program that limited eligibility to those 
salmon fishermen most affected by the conditions that led to the 
Secretary's fishery disaster declaration for ocean chinook and coho 
salmon and excluded Puget Sound gillnet fishermen as they were 
minimally affected by the associated fishery restrictions. As the 
previous Federal Register notices did not explicitly limit eligibility, 
the May 15, 1995, Federal Register notice clarifies NEAP's intent with 
respect to the exclusion of Puget Sound gillnet permit holders from 
eligibility for buyouts. This notice confirms this intent by modifying 
the definitions of ``commercial fishery'' and ``commercial fisheries 
income'' and establishing a definition of ``coastal waters''.
    Comment: To involve more groups would dilute the available funds, 
change the basic intent of the program, defeat the program's goal, 
stimulate vessels to incur costly startup procedures to re-enter this 
year's fishery, void the current lists and bids already developed by 
WDFW, and possibly cause some existing bids to change. Any additional 
delay would further frustrate fishermen who are already upset with the 
time taken to implement this program and with the amount of the 
available funds.
    Response: This final notice will allow WDFW to respond quickly to 
the 510 bidders waiting notification.
    Comment: Future funding should also be used to buyout Oregon 
licensed gillnetters. For coastwide uniformity, the Oregon proposals 
for the Data jobs program should be expanded into Washington State. The 
Small Business Administration (SBA) should be more helpful, especially 
in providing loans to install freezer equipment for use in alternative 
fisheries such as albacore tuna.
     Response: Should future funds be available and a buyback program 
supported by the State of Oregon, participation of the Oregon 
gillnetters will be encouraged but will also depend on the State of 
Oregon providing the necessary assurances that any Oregon permit 
reduction will be permanent. In the final selection of Data Jobs 
proposals, many of the Oregon projects [[Page 32509]] were expanded 
into Washington so that uniformity could be achieved. Comments 
concerning loans have been sent to the SBA.

Final Amendments

    For the reasons stated above, the amendments proposed in the May 
15, 1995, Federal Register notice are adopted as final. The following 
definitions and modifications are incorporated into the NEAP:
    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 EEZ (i.e., 200 nautical miles (323 kilometers) 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 gillnet, 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 (4.8 kilometers) 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: June 16, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
[FR Doc. 95-15322 Filed 6-19-95; 2:07 pm]
BILLING CODE 3510-22-F