[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
