[Federal Register Volume 61, Number 149 (Thursday, August 1, 1996)]
[Notices]
[Pages 40196-40199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19539]
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DEPARTMENT OF COMMERCE
[Docket No. 960412111-6202-02; I.D. 040596B]
RIN 0648-ZA20
West Coast Salmon Fisheries; Northwest Emergency Assistance Plan
(NEAP)
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final notice.
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SUMMARY: This notice announces the final eligibility criteria for the
NEAP Habitat Restoration Jobs Program and the Data Collection Jobs
Program, and responds to comments submitted on the notice of proposed
program, which was published in the Federal Register on April 23, 1996.
The notice of proposed program effected certain administrative changes
to the NEAP, and requested comments on proposed NEAP revisions for the
Habitat Restoration Program and the Data Collection Jobs Program, as
well as the License Buy Out Program.
NMFS has established final funding allocations for the Habitat
Restoration Jobs ($4.7 million), Data Collection Jobs ($2.8 million)
and License Buy Out ($5.2 million) Programs. Final decision on the
administration of the License Buy Out Program has been deferred until
the public is provided with notice and an opportunity to comment on new
bidding options. The decision to defer the program is based on comments
received from the public and consultations with state and local
officials.
EFFECTIVE DATE: July 26, 1996.
FOR FURTHER INFORMATION CONTACT: Stephen Freese, (206) 526-6113.
SUPPLEMENTARY INFORMATION: On August 2, 1995, the Secretary of Commerce
(Secretary) declared that a fishery resource disaster continued in 1995
for the salmon fisheries of the Pacific States of California (north of
San Francisco), Oregon, and Washington, excluding Puget Sound. Under
the authority of the Interjurisdictional Fisheries Act (IFA) of 1986
(16 U.S.C. 4107(d)), as amended, an additional $12.7 million in Federal
financial assistance was made available for affected salmon fishermen.
In the notice and request for comments (61 FR 17879; April 23,
1996), NMFS announced its decision to continue the basic structure of
the Habitat Restoration Jobs Program and the Data Collection Jobs
Program, as first established on October 11, 1994 (59 FR 51419), with
subsequent amendments published on January 31, 1995 (60 FR 3908), and
June 22, 1995 (60 FR 32507), but to change certain aspects of the NEAP
and propose revisions to certain limitations, terms, and conditions of
the programs. The April 23, 1996, notice effected administrative
changes relating to the calculation of uninsured loss, and specifically
requested comments on the following issues: (1) A decrease in the
minimum commercial fishing income earning requirement from $5,000 to
$2,500; (2) allowing participants in the License Buy Out Program to
participate in the Jobs Programs; (3) exclusion of applicants from the
License Buy Out Program who offer licenses purchased in 1995; and (4)
four bidding options for the License Buy Out Program.
The notice also indicated that Congress may amend the IFA to
provide NMFS with more program flexibility. The President signed these
amendments into law on April 26, 1996. These amendments superseded the
administrative change made in the April 23, 1996, Federal Register
notice relating to uninsured losses, and had the following impacts on
the NEAP: (1) Financial assistance is now no longer limited to $100,000
over the life of the NEAP; (2) no calculation of uninsured loss is
necessary; and (3) participation in the program is now limited to
applicants with less than $2,000,000 in net revenues annually from
commercial fishing, as opposed to the previous cap of $2,000,000 in
gross revenues annually.
Pursuant to the comments received on the notice, and after
consultations with state and local officials, NMFS has decided to defer
a final decision on the License Buy Out Program. The comments indicated
a lack of consensus on any proposed bidding option, and the Governor of
Washington, citing this lack of consensus, supported a delay of the
program for consideration of new options. These new bidding options are
being developed, and the public will be provided with notice and an
opportunity to comment before a final decision is made.
Comments and Responses
In response to the notice of proposed program, NMFS received 25
comment letters from 10 fishing associations, 14 fishermen, 1 tribe,
and 2 government entities. This notice will only respond to comments on
the Habitat Restoration Program and Data Collection Jobs Program. NMFS
will respond to the comments on the License Buy Out Program in the
notice that will present the new bidding options.
Comment 1: One county government requested inclusion of processors
and support industries in NEAP. Similarly, one association requested
programs to address an estimated loss of 1,000 full-time jobs in the
shoreside sector since 1988.
Response 1: The IFA limits assistance ``to persons engaged in
commercial fisheries* * *. `` NMFS interprets this to mean vessel
owners, operators, or crew directly involved in commercial fishing.
Consequently, losses suffered by the processing and support industries
are not eligible for assistance.
Comment 2: One association requested that habitat restoration be
focused in areas that are managed for wild stocks, which is one of the
most limiting factors in mixed stock fisheries management. The
association also commented that project selection should not focus only
on areas with the most fishermen per capita, because fishermen who fish
in coastal fisheries but reside in the North Puget Sound or the
metropolitan Puget Sound areas also have suffered from the fisheries
disaster.
Response 2: The selection of habitat projects focuses primarily on
the optimum benefit to the salmon resource. However, since the projects
are designed to employ eligible fishermen, projects must be located
within commuting distance of these fishermen. In addition, local, state
and Federal officials participate in the project selection process, and
their decisions reflect current policies concerning wild and hatchery
stocks. Protection of habitat associated with hatchery stocks is
important and usually benefits wild stocks.
Comment 3: One local government organization and one fisherman
requested that NEAP be expanded to include Puget Sound, claiming that
Puget Sound charterboat operators experienced severe Sound closures
during the years 1994 through 1996 and, unlike coastal charters, cannot
easily switch to bottomfishing or whale watching.
Response 3: The IFA provides assistance to fishermen affected by
declared fisheries disasters. The Secretary's disaster declaration
limited the disaster to the fisheries of the Pacific States of
California (north of San Francisco), Oregon, and Washington, excluding
Puget Sound. Puget Sound was excluded because the factors underlying
the natural resource disaster were not deemed to have extended to Puget
Sound. Consequently, Puget Sound fishermen are not eligible for
assistance.
Comment 4: One local government organization urged that disaster
assistance be provided to the Northwest fishing industry now to enable
it to survive projected losses in 1996.
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Response 4: Since the Secretary has not yet declared a fisheries
disaster for 1996, Commerce cannot provide assistance for projected
losses in 1996.
Comment 5: One association recommended adjusting the maximum
income limitations for differences in the cost of living in different
geographical areas.
Response 5: Adjusting the maximum income limitations for
differences in the cost of living in different geographical areas would
be unduly burdensome and may delay the program. NMFS believes that the
current income limitations accurately capture the fishermen most
affected by the disasters.
Comment 6: To improve the data collected in the Data Collection
Jobs Program, one association requested that the requirements for
qualified platforms and fishermen be lenient enough so that contractors
could hire the best type of vessel for the planned research.
Response 6: Under the 1995 eligibility requirements, an adequate
number of appropriate vessels were found to complete the desired
research. If the subcontractor requires a larger vessel in order to
further NEAP conservation and sustainable management efforts and
complete essential research, and NEAP eligible fishermen with such
vessels are not available, the subcontractor may utilize non-eligible
fishermen's vessels. However, subcontractors must contact and receive
prior approval from NMFS and the Pacific States Marine Fisheries
Commission before hiring such vessels. The subcontractor must also be
able to demonstrate the need for a larger vessel and document the
search for eligible owner-operators. Fishermen who perform the data
collection research activities on the vessel (not the owner or
operator) must still satisfy the Data Collection Jobs Program
eligibility criteria.
Comment 7: Three comments were received concerning the amounts of
money allocated for the existing programs. One association wanted an
increased allocation for California fishermen, while another
association sought more money for the Washington License Buy Out
Program. One fisherman wanted more money for buying charter boat
permits under the Washington License Buy Out Program, and three
associations requested that the California Habitat Restoration Jobs
Program funds be split equally among the four counties.
Response 7: The NEAP allocation of funds among states and among
programs was based on consultations with state governors. The
allocation of funds among gear groups in the License Buy Out Program
was based on the recommendations of the Governor of Washington. The
allocation of Habitat Restoration Jobs Program funds within a state is
a decision made by the U.S. Department of Agriculture (USDA) in
consultation with the states and the resource conservation districts.
Comment 8: Three associations and one resource conservation
district requested that $100,000 be transferred from the California
Habitat Restoration Jobs Program to the California Data Collection Jobs
Program. This request is for at-sea data collection projects in support
of Pacific Fisheries Management Council salmon management. These
projects will assess fishing techniques that avoid stressed stocks
while allowing access to healthy stocks.
Response 8: NMFS, USDA, and the Office of the Governor of
California concur in this recommendation, and $100,000 of funds has
been transferred.
Comment 9: One fisherman stated that there was a mistake in
referring to a specific Federal Register notice and requested that NMFS
publish a correction and extend the public comment period
appropriately.
Response 9: On page 17880 of the Federal Register notice (61 FR
17879, April 23, 1996), the following statement was made:
``Furthermore, as a result of the Secretary's expansion of the disaster
and NMFS's efforts to improve the program, the term ``loss'', as
defined in the NEAP published on January 31, 1994 (60 FR 5908)* * *.''
The correct publication date of the Federal Register notice being
referred to is January 31, 1995. The volume and page number of the
citation are correct and, therefore, this does not necessitate an
extension of the comment period.
Final Eligibility Criteria for the Habitat Restoration Jobs Program
and Data Collection Jobs Program
Pursuant to the IFA amendments and the comments received on the
notice of proposed program, NMFS has established the following
eligibility criteria:
1. The applicant must be a commercial fisherman as defined in the
October 11, 1994, program notice (59 FR 51419).
2. The applicant must have earned at least $2,500 in commercial
fishing income in any of the base years 1986 through 1991.
3. Applicants must show documentation that they participated in the
commercial fisheries during the disaster period of 1991 to 1995.
4. The applicant must have earned less than $2,000,000 in net
revenues annually from commercial fishing.
5. If single, the applicant's 1993, 1994, or 1995 gross income
(income from fishing and non-fishing activities) must have been less
than $25,000. If married, the applicant's 1993, 1994, or 1995 gross
income must have been less than $50,000.
Since NMFS received no comments to the contrary, fishermen who have
participated or will participate in the Washington State License Buy
Out Program are now eligible for assistance through employment in the
Habitat Restoration Program or the Data Collection Jobs Program if they
meet the other program eligibility requirements.
All inquiries on how to apply to the Habitat Restoration Jobs
Program should be directed to the following people:
Washington--Steve Meyer, Executive Director, Washington State
Conservation Commission, P.O. Box 47721, Olympia, WA
98504-7721; (360) 407-6201.
Oregon--Tom Schafer, Outreach Coordinator, Salmon Disaster Outreach
Program, 13408 Alsea Highway, Tidewater, OR 97390; (541) 528-7451.
California--Curtis Ihle, Overall Program Coordinator, Humboldt
County Resource Conservation District, P.O. Box 397, Fields Landing, CA
95537-0397; (707) 444-9708.
For employment in the Data Collection Jobs Program, please contact
Russell Porter, Field Program Administrator, Pacific States Marine
Fisheries Commission, 45 SE. 82nd Drive, Suite 100, Gladstone, OR
97027-2522; (503) 650-5400.
Catalogue of Federal Domestic Assistance
The Program is listed in the ``Catalogue of Federal Domestic
Assistance'' under No. 11.452, Unallied Industry Projects.
Classification
This action has been determined to be not significant for purposes
of E.O. 12866.
NMFS finds good cause for making this announcement effective the
date of filing with the Office of the Federal Register. Delaying the
effective date is impracticable and contrary to the public interest
because it would delay financial assistance to those affected by a
fishery resource disaster. Furthermore, the data collection is tied to
the migratory patterns of the stock, and must be completed soon if it
is to be of use for the next fishing season.
The Assistant General Counsel for Legislation and Regulation of the
Department of Commerce certified to the Chief Counsel for Advocacy of
the Small Business Administration that this
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announcement would not have a significant economic impact on a
substantial number of small entities because only a small portion of
the industry will be directly affected.
This program contains a collection-of-information requirement
subject to the Paperwork Reduction Act (PRA). The collection of this
information has been approved by the Office of Management and Budget
(OMB), under OMB control number 0648-0288. Notwithstanding any other
provision of law, no person is required to respond to nor shall a
person be subject to a penalty for failure to comply with a collection
of information subject to the requirements of the PRA unless that
collection of information displays a currently valid OMB control
number.
Authority: Public Law 99-659 (16 U.S.C. 4107 et seq.); Public
Law 102-396.
Dated: July 25, 1996.
Charles Karnella,
Acting Director, Office of Management and Information, National Marine
Fisheries Service.
[FR Doc. 96-19539 Filed 7-26-96; 4:57 pm]
BILLING CODE 3510-22-F