[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
