[Federal Register Volume 65, Number 56 (Wednesday, March 22, 2000)]
[Notices]
[Pages 15350-15351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-7021]


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DEPARTMENT OF THE INTERIOR

National Park Service


Glacier Bay National Park, Alaska; Dungeness Crab Commercial 
Fishery Crewmember Interim Compensation Program

AGENCY: National Park Service, Interior.

ACTION: Glacier Bay National Park application procedures for the 
Dungeness crab commercial fishery crewmember interim compensation 
program.

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SUMMARY: Section 123 (c) of the Omnibus Consolidated and Emergency 
Supplemental Appropriations Act for FY 1999 (''the Act''), as amended 
by section 501 of the 1999 Emergency Supplemental Appropriations Act, 
Public Law 106-31 (05/21/99), authorizes compensation for fish 
processors, fishing vessel crewmembers, communities and others 
negatively affected by congressionally directed restrictions on 
commercial fishing in the marine waters of Glacier Bay National Park. 
The National Park Service (NPS) and the state of Alaska are currently 
working to develop and implement a compensation program broadly 
envisioned by Congress in the Act; completion of this compensation 
program is expected to require one to two years. This is a separate 
compensation program from that specifically authorized for valid 
Dungeness crab commercial fishing permit holders by Section 123(b) of 
the DOI & Related Agencies Approp. Act, 1999, (section 101(e) of 
division A of P.L. 105-277, as amended). NPS has largely completed that 
specific compensation program and eight Dungeness crab fishermen/permit 
holders were determined to be eligible and have been compensated as 
required by the Act. More recently, NPS, with concurrence of the state 
of Alaska, responded to a congressional request and established an 
interim compensation program for Dungeness crab processors similarly 
qualified and similarly effected by the 1999 closure of designated 
wilderness to commercial Dungeness crab fishing (See 64 FR 41134 [July 
29, 1999.]) NPS, with concurrence of the state of Alaska, now responds 
to another congressional request and will provide interim compensation 
for crewmembers who fished with any of the eight Dungeness crab 
fishermen compensated to date under provisions of section (b) of the 
Act. Applicants for this interim Dungeness crab commercial fishery 
crewmember compensation program must meet eligibility and application 
requirements described in this Federal Register notice to qualify for 
payment. This interim payment is intended to mitigate 1999 income 
losses for qualifying Dungeness crab fishery crewmembers until the 
compensation program under section (c) of the Act--and appropriate 
eligibility criteria, priorities and levels of compensation for 
crewmembers in the effected commercial fisheries--can be developed and 
implemented. The amount of this interim compensation payment will not 
exceed $10,000 per qualifying individual. This Federal Register notice 
serves to provide application instructions for Dungeness crab fishery 
crewmembers who believe they qualify for interim compensation. 
Applications must be provided to the Compensation Program Manager, 
Glacier Bay National Park and Preserve, within 60 days of the 
publication date of this notice.

DATES: Applications for the Dungeness crab commercial fishery 
crewmember interim compensation program will be accepted on or before 
May 22, 2000.

ADDRESSES: Applications for the Dungeness crab commercial fishery 
crewmember interim compensation program should be submitted to the 
Compensation Program Manager, Glacier Bay National Park and Preserve, 
2770 Sherwood Lane, Suite I, Juneau, Alaska 99801.

FOR FURTHER INFORMATION CONTACT: For information regarding the 
Dungeness crab commercial fishery compensation program, please contact 
Clark Millett, Compensation Program Manager, Glacier Bay National Park 
and Preserve, 2770 Sherwood Lane, Suite I, Juneau, Alaska 99801. Phone: 
(907) 586-7047.

SUPPLEMENTARY INFORMATION: The Act, as amended, required Dungeness crab 
fishermen to provide certain information sufficient to determine their 
eligibility for compensation. NPS will require similar corroborating 
documentation from Dungeness crab fishery crewmembers making 
application for 1999 interim compensation as described in this notice. 
Dungeness crab fishery crewmembers must provide the following 
information to the NPS Compensation Program Manager: (1) Full name, 
mailing address, and a contact phone number. (2) A sworn and notarized 
personal affidavit attesting to the applicant's history of 
participation in the Dungeness crab commercial fishery as a crewmember 
for one or more of the eight Dungeness crab fishermen already 
compensated, including any two of three years during the interim 
qualifying period, 1996-

[[Page 15351]]

1998. The applicant must also attest that they intended to continue 
working as a crewmember in the Dungeness crab commercial fishery in 
1999. (3) A sworn and notarized affidavit, from each of the qualifying 
fishermen they worked for during the interim qualifying period, 1996--
1998, attesting to the applicant's participation in each of those 
interim qualifying years as a crewmember in the commercial Dungeness 
crab fishery within either Beardslee Island or Dundas Bay wilderness 
areas. (4) Documentation from the Alaska Department of Fish and Game 
detailing the applicant's history as a state licensed commercial 
fisheries crewmember. (5) Copy of IRS Form 1099-MISC documenting income 
as a crewmember for qualifying Dungeness crab commercial fishermen for 
each year worked during the 1996-1998 interim qualifying period. Where 
crewmember income from other fisheries is included in the IRS Form 
1099-MISC this must be noted and the amount attributable only to the 
Dungeness crab fishery specified. (5) Any other available corroborating 
information that can assist in a determination of eligibility for 
interim compensation. The superintendent will make a written 
determination on eligibility for compensation based on the 
documentation provided by the applicant. The superintendent will also 
make a written determination on the amount of 1999 interim compensation 
to be paid to an eligible applicant. The amount of interim compensation 
will be based on the applicant's average annual pre-tax income as a 
crewmember in the Dungeness crab commercial fishery during the 3-year 
interim qualifying period, 1996--1998, not to exceed $10,000. NPS 
intends to complete payment of interim compensation to a crewmember 
meeting the above eligibility criteria within 45 days of receipt of a 
complete application. If an application for interim compensation is 
denied the superintendent will provide the applicant the reasons for 
the denial in writing. Any applicant adversely affected by the 
superintendent's determination may appeal to the regional director, 
Alaska region, within 60 days. Applicants must substantiate the basis 
of their disagreement with the superintendent's determination. The 
regional director will provide an opportunity for an informal oral 
hearing, either in Anchorage or by teleconference. After consideration 
of written materials and oral hearing, if any, and within a reasonable 
time, the regional director will affirm, reverse, or modify the 
superintendent's determination and set forth in writing the basis for 
the decision. A copy of the decision will be forwarded promptly to the 
applicant and will constitute final agency action. Denial or receipt of 
interim compensation as a Dungeness crab fishery crewmember will not 
affect an applicant's consideration for future compensation as a 
crewmember as part of a final compensation plan established under the 
Act, as amended.

    Dated: March 6, 2000.
Robert D. Barbee,
Regional Director, Alaska.
[FR Doc. 00-7021 Filed 3-21-00; 8:45 am]
BILLING CODE 4310-70-P