[Federal Register Volume 61, Number 169 (Thursday, August 29, 1996)]
[Notices]
[Pages 45408-45412]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21999]


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DEPARTMENT OF COMMERCE
[Docket No. 960412111-6229-03; I.D. 080596I]
RIN 0648-ZA20


West Coast Salmon Fisheries; Northwest Emergency Assistance Plan 
(NEAP)--License Buy Out Program (LBOP)

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

ACTION: Notice of proposed program; request for comments.

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SUMMARY: This notice requests public comment on new bidding options for 
the 1996 Washington State Salmon Vessel License Buy Out Program (LBOP) 
to be administered by the Washington Department of Fish and Wildlife 
(WDFW) through a cooperative agreement with NMFS. The objectives of the 
program are to provide financial assistance to commercial salmon 
fishermen adversely impacted by the salmon fishery disaster, and to aid 
the long-term viability of the fishery resource. This notice also 
responds to comments submitted on the notice of proposed 1996 LBOP, 
which was published in the Federal Register on April 23, 1996 (61 FR 
17879). In that notice, NMFS announced 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 LBOP. On August 1, 1996, NMFS published a Federal Register 
notice (61 FR 40197) implementing the final program for the Habitat 
Restoration Jobs Program and Data Collection Jobs Program, and also 
announced that final decisions on the administration of the 1996 LBOP 
will be deferred until the public is provided with notice and an 
opportunity to comment on new bidding options developed as a result of 
comments received on the initial notice.

DATES: Written comments must be received on or before September 27, 
1996.

ADDRESSES: Comments should be sent to Stephen P. Freese, Northwest 
Emergency Assistance Plan, 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: 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 April 23, 1996, Federal Register notice (61 FR 17879), 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). NMFS decided to modify certain limitations, terms, 
and conditions of the NEAP programs to enable more fishermen to benefit 
from the assistance available from the jobs programs and to further 
reduce fishing capacity under the LBOP. The public was asked in the 
notice to comment on these new terms, limitations, and conditions prior 
to final implementation.
    With respect to the 1996 LBOP, four options were presented for 
public comment, as follows:
     Option 1--Eligible fishermen submit new bids or maintain the bids 
that they submitted to the 1995 LBOP. Starting with the lowest offers, 
licenses are accepted and retired by WDFW until available funding is 
exhausted.
     Option 2--Starting with the lowest unsuccessful 1995 LBOP offer, 
WDFW would purchase licenses until available funding is exhausted.
     Option 3--Unsuccessful bidders in the 1995 LBOP are offered set 
fixed prices for each license: Salmon troll and delivery--$24,894, 
Salmon gill net--$38,000, and Salmon charter--$21,300. Remaining funds 
would be applied to new applications starting with the lowest offer.
     Option 4--Applicants submit bids and uninsured loss estimates. 
Starting with the lowest ratio of bid to uninsured loss, WDFW would 
purchase licenses until available funding is exhausted.
    In response to the April 23, 1996, notice of proposed program, NMFS 
received 27 comment letters from 10 fishing associations, 14 fishermen, 
1 tribe, and 2 government entities. Most of

[[Page 45409]]

these comments concerned the LBOP. The comments specifically relating 
to the NEAP Habitat Restoration Program and the Data Collection Jobs 
Program were considered and addressed in the Federal Register notice 
published on August 1, 1996. However, as a result of significant 
intervening factors between the time of publication and proposed 
implementation, NMFS and the State of Washington decided to defer the 
final decision on the 1996 LBOP. These intervening factors included 
consultations with Washington State officials, and comments on the 
initial notice indicating a lack of public consensus on any proposed 
bidding option. The Governor of Washington, citing this lack of 
consensus, also supported a delay of the program for consideration of 
new options. These new bidding options were developed in response to 
these intervening factors and are presented in this notice for public 
comment before a final decision is made. The comments and NMFS response 
to the initial notice (61 FR 17879) are presented below for purposes of 
addressing issues that were raised by commenters concerning the 1995 
program and maintaining participation by the public in the development 
of the new options.

Comments and Responses

    Because many comments referred to the 1995 LBOP, it is helpful to 
know the outcome of this program. Under the 1995 LBOP, 459 of the 1378 
possible licenses were submitted and 296 licenses were ultimately 
purchased. The maximum amount paid for a gill net license under this 
program was $38,000; for a troll license, $24,984; and for a 
charterboat license, $21,300. The average compensation for the 83 gill 
net licenses purchased was $21,998; for the 190 troll licenses 
purchased, $9,136; and for the 23 charterboat licenses purchased, 
$13,896. There are potentially 163 repeat participants and 919 new 
participants for the 1996 LBOP.
     Comment 1: Several commenters wanted to give preference to 
fishermen who participated in the 1995 LBOP, because the commenters 
felt that these unsuccessful bidders took the first risk and 
demonstrated the sincerest intentions of giving up their licenses. The 
commenters also felt that fishermen who chose not to participate in the 
1995 LBOP clearly understood that they would have no chance to receive 
any benefit from the program. Therefore, the commenters argued that 
these nonparticipants would be no worse off under Option 2. In 
contrast, other members of the public commented that preference should 
not be given to unsuccessful bidders in the 1995 program because NMFS 
and WDFW never conditioned participation in any subsequent buy out 
program on participation in the initial program, and such an exclusion 
would unduly penalize a license holder who did not, for whatever 
reason, submit an offer under the 1995 program.
     Response 1: Participation in the 1995 LBOP was voluntary and 
participating fishermen were given an opportunity to withdraw their 
offers and retain their licenses. Therefore, participation in the 1995 
LBOP does not necessarily reflect ``risk'' or any greater ``sincerity'' 
to give up a license, particularly as many fishermen offered their 
licenses at the maximum price possible. NMFS agrees that neither the 
1995 LBOP notice nor any other document ever stated that persons who 
did not participate in the 1995 LBOP would be excluded from future 
programs.
     Comment 2: Many commenters addressed how the different bidding 
options would affect fishermen who suffered various levels of uninsured 
loss. Some stated that Option 1 favored those with low uninsured 
losses, while others believed that Option 4 favored the highly 
productive fishing operations that have the largest uninsured losses. 
Finally, compared with the other options, some said that Option 2 
tended to give preference to those fishermen who had neither low nor 
high uninsured losses.
     Response 2: The purpose of these options was not to target any 
specific sector of the industry, but to present methods by which the 
agency and WDFW proposed to achieve the NEAP objectives of providing 
financial assistance to commercial fishermen adversely impacted by the 
salmon fishery disaster, and to aid the long-term viability of the 
fishery resource. NMFS and the State of Washington, after review of the 
comments, will choose the option that most effectively achieves the 
NEAP objectives.
     Comment 3: Several commenters stated that the 1995 LBOP forced 
fishermen to accept a fraction of their uninsured loss.
     Response 3: NMFS stresses again that the LBOP is a voluntary 
program, not an entitlement program. Fishermen are asked to put a 
monetary value on their own licenses. Fishermen who do not feel the 
program provides enough compensation are not compelled to participate.
     Comment 4: Several commenters commented that Option 2 was the most 
cost-effective option.
     Response 4: Of the options presented, Option 2 does appear to have 
the least administrative costs, since it relies on existing bids. 
However, the administrative costs associated with the new options, in 
relation to the benefits, do not differ significantly. While NMFS and 
the State of Washington must obviously consider the impact of 
administrative costs on the program, NMFS will choose the option that 
best meets the program's objectives.
     Comment 5: Several commenters said that the proposed program was 
not like the NMFS Fishing Capacity Reduction Demonstration Program for 
Northeast groundfish vessels (FCRDP), while another commenter 
complained that the procedure proposed in Option 4 negates the 
competitive process and unnecessarily complicates the program.
     Response 5: The reference in the proposed program notice to the 
FCRDP was to suggest that Option 4 adjusts bids via a vessel 
performance procedure in a way that is similar to the FCRDP bidding 
process. NMFS does not believe that the procedure complicates the 
program, because it relies on the same information that would have to 
be submitted for the other options. Furthermore, NMFS received no 
negative comments from the FCRDP participants that indicated any 
miscomprehension of the bidding system.
     Comment 6: Several fishermen commented that the new bidders would 
have an advantage because information has been published on the 1995 
individual bids and associated losses.
     Response 6: The names of the unsuccessful troll fishermen have 
been released but not with their associated losses and bids. Such a 
release of the names is permissible under State law. Any information 
released on past bids and uninsured losses is historical information 
and would not give any new or previous bidder an advantage under a new 
competition. Previous bidders may change their bid strategies because 
of changes in their business environment, in response to revised 
bidding rules, or because of competition from new bidders.
     Comment 7: One fisherman argued that Option 2 should be adopted, 
because the additional funds were meant to continue the same programs, 
which should, in effect, ``pick up where they left off.'' Another 
commented that the notice of proposed program referred to a continued 
disaster. Therefore, they argued, it would be prejudicial to former, 
unsuccessful, applicants to deny them the opportunity to ``continue'' 
to accept or reject their original bids. On the other hand, another 
fisherman commented that the WDFW and NOAA documents show that the 1996 
LBOP is

[[Page 45410]]

a separate and distinct program from the 1995 LBOP.
     Response 7: The Secretary established the NEAP as an overarching 
financial assistance plan to assist the Pacific Northwest in coping 
with the fisheries disasters that occurred before and up until 1995. 
Under the plan, NMFS created the individual NEAP grant programs, such 
as the Habitat Restoration Jobs Program, the Data Collection Jobs 
Program, and the LBOP. These programs each have unique award terms, 
limitations, and conditions. The new funding provided for the programs 
described in the proposed notice does not obligate NMFS to continue the 
programs with the same program parameters; NMFS has the discretion to 
create new programs with the same or different terms, limitations, and 
conditions. Based on the comments and consultations with State of 
Washington officials, NMFS has determined that a new LBOP with new 
parameters should be considered.
     Comment 8: Several commenters stated that fishermen should be 
allowed to sell more than one license.
     Response 8: The initial proposed options and the options being 
proposed below do not restrict the number of licenses that may be sold 
by one applicant. However, NMFS is specifically requesting comment on 
this issue as part of the new options presented below in this notice.
     Comment 9: One respondent requested that fleet reduction targets 
be determined and that reentry into the fishery be precluded until each 
fleet meets its reduction target.
     Response 9: Funds were allocated between the industry sectors (see 
Response 15) consistent with recommendations from the NMFS Proposed 
Recovery Plan for Snake River Salmon, which calls for reduction of the 
Oregon and Washington troll fleet by 50 percent and elimination of all 
gill net fishing on the mainstem of the Columbia River. In addition, 
the new Option 2 proposed below includes restrictions on reentry into 
the fleet.
     Comment 10: One commenter stated that a fisherman who sells a 
permit under the 1996 LBOP should be ineligible to purchase another 
permit.
     Response 10: The new Option 2, which is described below, addresses 
this comment by prohibiting a person who sells a license in the 1996 
program from purchasing a commercial license for 10 years, beginning 
January 1, 1997.
     Comment 11: Many commenters voiced concerns about timing and 
communication with the industry. Some thought additional meetings 
between Federal and State officials and the industry would be useful, 
while others supported a delay in the program to aid communication with 
the industry and to improve the design of the program.
     Response 11: NMFS and the State of Washington are postponing final 
decisions on the 1996 LBOP in order to receive comments on the new 
options presented below. This delay should provide a greater 
opportunity for public participation through the established Federal 
and Washington State public comment processes.
     Comment 12: Several commenters complained that not all affected 
parties had an equal opportunity to meet with State and Federal 
officials.
     Response 12: The Administrative Procedure Act does not prohibit 
contact with the public during the informal rulemaking process as long 
as the content of the meetings, and any supplementary information 
provided at the meetings, are made part of the public record. NMFS 
recognizes the benefit of public participation in the decision making 
process, and therefore, representatives of NOAA, NMFS, and the Governor 
of Washington met with various sectors of the affected public during 
the option development stage and comment period. NMFS is willing to 
meet with anyone who is interested in discussing the program, time and 
resources permitting.
     Comment 13: One commenter alleged that WDFW officials provided 
misinformation about the limits to bidders, causing some to ``sell 
out'' at too low a price and others not to bid. The commenter also 
suggested that the application package should state explicitly the 
importance of choosing a bid amount since high bids may make the 
application less competitive.
     Response 13: NMFS has forwarded these comments to WDFW.
     Comment 14: Some commenters opposed any potential application to 
the 1996 LBOP of the $25,000/$50,000 maximum income limitation used in 
the Habitat Restoration Jobs Program and Data Collection Jobs Program.
     Response 14: The $25,000/$50,000 maximum income limitation was not 
proposed and is not being considered for this program.
     Comment 15: One commenter suggested that because gill net vessels 
have fewer options compared to most troll and charter vessels, 
compensation for gill net licenses should be treated differently than 
for other commercial permits.
     Response 15: The 1996 LBOP allocates $2.3 million for the purchase 
of salmon troll and delivery licenses, $2.3 million for the purchase of 
Columbia River gill net licenses, and $0.4 million for salmon charter 
licenses. These allocations reflect an appreciation for the different 
circumstances facing the major industry sectors. However, further 
specialization of the program to accommodate each industry sector would 
be too administratively burdensome and would undermine the goal of 
equitable and efficient distribution of the disaster funds.
     Comment 16: One fisherman who moved his operation to Alaska 
because of the Boldt Decision requested that the income from Alaska be 
used to determine uninsured loss. He further requested inclusion of 
income from years before 1988.
     Response 16: The Secretary's disaster declaration limits 
assistance to the salmon fisheries of California, Oregon, and 
Washington, excluding Puget Sound, and NMFS has defined the disaster 
period as extending only to the years 1991 through 1995.
     Comment 17: One tribal organization made three related comments. 
First, buy out programs for non-tribal fishermen should be continued. 
Second, each tribe should receive its own allocation of NEAP funds. 
Third, NEAP should include programs that help tribes develop new non-
salmon fisheries.
     Response 17: As currently structured, the proposed 1996 LBOP 
allows participation by both tribal and non-tribal fishermen. Available 
funding is insufficient to provide individual allocations and programs 
for each particular user group.

Proposed Revisions to the 1996 LBOP

    Based on above comments and discussions with Washington State 
officials concerning the four initial options proposed, NMFS and the 
State of Washington agreed to work together in developing new options. 
These options share similar characteristics with Options 1 and 4 
presented in the proposed notice of April 23, 1996, but with certain 
important differences. One difference is that the calculation of 
uninsured loss is no longer necessary under the amended IFA. However, 
NMFS will retain the concept and require fishermen to calculate their 
``salmon disaster impact'' (SDI), which is a value analogous to the 
calculation of uninsured loss under the initial buy out program. A 
fisherman's SDI is equal to 2.5 times the difference between the 
highest gross salmon fishery income derived from fishing during any 
calendar year 1986 through 1991 (base year), less the sum of the least 
amount of salmon fishery income derived from commercial salmon fishing 
during any calendar year from 1991 through 1995 (comparison year). 
Fishermen can use

[[Page 45411]]

the same information they supplied to the 1995 LBOP to determine their 
SDI. The use of SDI in place of an uninsured loss determination puts 
similar restrictions on new participants as were placed on the original 
participants. Therefore, no large penalty or reward accrues to those 
who participated in the initial program.
    The options in this notice also differ from those published on 
April 23, 1996, in that bids would also be constrained by an absolute 
maximum offer limit. Under Option 1, fishermen may offer their licenses 
for any amount up to $40,000 or their SDI, whichever is less. 
Similarly, under Option 2, fishermen may offer their licenses for any 
amount up to $50,000 or their SDI, whichever is less. The higher 
maximum offer limit under Option 2 ($50,000) reflects the additional 
requirement that successful participants cannot purchase or operate 
another commercial salmon license for 10 years beginning January 1, 
1997, unless the license was owned or operated by that person in 1995. 
If the individual owned a license in 1995, this is indicative of the 
fact that the person owned multiple licenses and did not purchase a new 
license in 1996 in order to speculate on any future government buy out 
program. Therefore, any license owned in 1995 and retained after 
participation in the 1996 LBOP is excluded from the ten-year 
prohibition.
    These maximum offer limits are designed to increase the number of 
potential successful bidders and ensure awards consistent with amounts 
paid under the initial program. These limits are reasonable given the 
limited funds available, the amounts paid for licenses under the 
initial program, and the number of fishermen affected by the disaster 
and still eligible for the program. Comments are specifically requested 
on these maximum offer amounts.

Eligibility Criteria

    To be eligible under either option, the person making the offer 
must fulfill the following requirements:
    1. The person making the offer must have possessed or was eligible 
to possess one of the following Washington State salmon fishery 
licenses in 1994 and possessed the same license in 1995:
    a. Salmon troll license;
    b. Salmon delivery license;
    c. Salmon gill net--Grays Harbor-Columbia River;
    d. Salmon gill net--Willapa Bay-Columbia River; or
    e. Salmon charter.
    2. A participant must demonstrate an SDI greater than $0.
    3. Applicants must not have earned more than $2,000,000 in net 
revenues annually from commercial fishing for the period between 1991 
and 1994.

Options

     Option 1--License holders may offer their licenses for any amount 
up to $40,000 or their SDI, whichever is less. Licenses will be 
purchased starting with the lowest bid. In the event of a tie, 
preference will be given to the fisherman with the highest SDI.
     Option 2--License holders may offer their licenses for any amount 
up to $50,000 or their SDI, whichever is less. Bids will be ranked 
according to the offer ratio. The offer ratio is the division of the 
offer amount by the SDI. Licenses will be ranked and purchased starting 
with those bids that have the lowest offer ratios. In the event of a 
tie, where offer ratios are identical, the lowest offer will be given 
preference. Successful participants cannot purchase or operate another 
commercial salmon license for 10 years beginning January 1, 1997, 
unless the license was owned or operated by that person in 1995.

Option 1 Example

Step 1: Determine SDI
Step 1A: Base Year Selection:
    Select the highest year of gross income during the base period 1986 
though 1991. For Fisherman A, this is $38,000. For Fisherman B, this is 
$8,000.
Step 1B: Comparison Year Selection:
    Select the lowest year of gross income during the comparison year 
of 1991 through 1995. For Fisherman A, this is $3,000. For Fisherman B, 
this is $0.
Step 1C: Subtraction
    Subtract the selected comparison year gross income from the 
selected base year income. For Fisherman A, this is $38,000 minus 
$3,000, or $35,000. For Fisherman B, this is $8,000 minus $0, or 
$8,000.
Step 1D: Multiplication
    Multiply the difference between the comparison year and base year 
gross income by 2.5. For Fisherman A, this is $35,000 multiplied by 
2.5, or $87,500. For Fisherman B, this is $8,000 multiplied by 2.5, or 
$20,000.
Step 1E: SDI Determination
    SDI is the result of steps 1A through 1D. Fisherman A's SDI is 
$87,500 (($38,000-$3,000) X 2.5 = $87,500). Fisherman B's SDI is 
$20,000 (($8,000-$0) x 2.5 = $20,000).
Step 2: Determine Maximum Offer Amount
    The maximum offer amount under Option 1 is $40,000 or the 
fisherman's SDI, whichever is less. Fisherman A's SDI is $87,500, which 
is greater than $40,000. Therefore, Fisherman A's maximum bid is 
$40,000 because $40,000 is the maximum any fisherman can receive under 
this option. Fisherman B's maximum bid is $20,000 because his SDI is 
less than $40,000.
Step 3: Determine Bid
    Fishermen can choose to submit an offer that ranges from $1 up to 
their maximum offer limit. Fisherman A's range is from $1 to $40,000. 
Fisherman B's range is from $1 to $20,000.

Ranking of Bids under Option 1

    If both Fisherman A and Fisherman B submit their respective maximum 
offers, Fisherman B's offer would be accepted first because it is less 
than Fisherman A's offer. If Fisherman A elected to submit an offer of 
$19,000 and Fisherman B elected to submit a maximum offer of $20,000, 
then Fisherman A's offer would be accepted first because it is less 
than Fisherman B's offer. In the event of a tie between fishermen, 
preference will be given to the fishermen with the highest SDI. 
Therefore, if both Fisherman A and Fisherman B submit offers of 
$19,000, then Fisherman A would be given preference because Fisherman 
A's SDI is higher than Fisherman B's.

Option 2 Example

Step 1: Determine SDI (Same as Steps 1 through 1E in Option 1 Example)
Step 2: Determine Maximum Offer Amount
    The maximum offer amount under this option is $50,000 or the 
fisherman's SDI, whichever is less. Fisherman A's SDI is $87,500, which 
is greater than $50,000. Therefore, Fisherman A's maximum bid is 
$50,000 because $50,000 is the maximum any fisherman can receive under 
this option. Fisherman B's maximum bid is $20,000 because his SDI is 
less than $50,000.
Step 3: Determine Offer
    Fishermen can choose to submit an offer that ranges from $1 up to 
their maximum offer limit. Fisherman A's range is from $1 to $50,000. 
Fisherman B's range is from $1 to $20,000.
Step 4: Determine Offer Ratio
    Divide the amount offered by the fisherman's SDI. If Fisherman A 
chose to offer the maximum of $50,000, then Fisherman A's ratio would 
be $50,000

[[Page 45412]]

divided by $87,500, which is equal to 0.57. If Fisherman B chose to 
offer his SDI ($20,000), then Fisherman B's offer ratio would be 
$20,000/20,000 = 1.0.

Ranking of Bids under Option 2

    If both Fisherman A and Fisherman B elected to submit their 
respective maximum offers, Fisherman A's offer would be the first 
accepted because the 0.57 offer ratio is less than 1.0. If Fisherman B 
elected to submit an offer of $11,000, then Fisherman B's offer ratio 
would be 0.55 ($11,000/$20,000). Because Fisherman B's offer ratio is 
lower than Fisherman A's offer ratio, Fisherman B's offer would be 
accepted first. In the event of a tie with identical offer ratios, 
preference will be given to the fishermen with the lowest offer amount.

Additional Terms, Limitations, and Conditions

    A license holder may offer more than one license, but income used 
in the calculation of an offer that is accepted may not be used in the 
calculation of any other offer. Licenses will be purchased in order of 
ranking until funds are exhausted. The State of Washington, in 
consultation with NMFS, will reserve the right to reject any and all 
offers if it is determined by NMFS that such action is in the best 
interests of the program or if revisions to the program are warranted 
in the future.
    Proprietary information submitted by applicants will only be 
disclosed to State and Federal officials who are responsible for the 
License Buy Out Program, or otherwise when required by court order or 
other applicable law. This information is subject to the Freedom of 
Information Act.

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.
    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 notice would not have a 
significant economic impact on a substantial number of small entities 
because only a small portion of West Coast salmon fishermen will be 
directly affected. NMFS estimates that only approximately 3.6 percent 
of the industry will receive financial assistance through the LBOP. 
Therefore, the impacts of the notice are not significant within the 
meaning of the Regulatory Flexibility Act. They are not likely to lead 
to a reduction in the annual gross revenues by more than 5 percent or 
an increase in total costs of production by more than 5 percent, nor 
would this action result in any greater compliance costs.
    This program involves 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: August 22, 1996.
C. Karnella,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 96-21999 Filed 8-28-96; 8:45 am]
BILLING CODE 3510-22-F