[Federal Register Volume 59, Number 106 (Friday, June 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13490]
[[Page Unknown]]
[Federal Register: June 3, 1994]
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DEPARTMENT OF COMMERCE
50 CFR Chapter II
[Docket No. 940558-4158; I.D. 052394B]
West Coast Salmon Fisheries; Disaster Relief
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Advance notice of proposed rulemaking; request for comments.
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SUMMARY: The Secretary of Commerce (Secretary) has declared that a
natural fishery resource disaster exists in the ocean salmon fisheries
off the coasts of Washington, Oregon, and California, due to extremely
low stock abundances of chinook and coho salmon. To alleviate economic
hardship, NMFS intends to make grants available to eligible industry
participants. NMFS is requesting written comments, in particular from
the fishing industry, Indian tribes, and state fisheries agencies,
regarding appropriate limitations, terms, and conditions it should use
in providing the proposed assistance to persons engaged in commercial
fisheries for uninsured losses resulting from the salmon fisheries
resource disaster.
DATES: Comments must be received by August 2, 1994.
ADDRESSES: Comments should be sent to Bruce Morehead, Office of Trade
and Industry Services, National Marine Fisheries Service, 1315 East-
West Highway, Silver Spring, MD 20910.
FOR FURTHER INFORMATION CONTACT: Bruce Morehead, 301/713-2358.
SUPPLEMENTARY INFORMATION:
Background
Although West Coast salmon stocks experience annual fluctuations in
abundance, stock abundances in the last few years have been
exceptionally low. The ocean salmon fisheries off the coasts of
Washington, Oregon, and California are dependent almost entirely on
chinook and coho salmon. For chinook salmon, ocean catches fell from a
high of 2,121,999 fish in 1988 to a record low of 444,000 in 1992, an
almost 80 percent decline in abundance in only 4 years. The 1993 ocean
catch of 532,999 chinook was also very low relative to historical
averages. For coho, the decline has been even more dramatic, with an
ocean catch of 5,334,255 fish in 1976 falling to a record low catch of
only 292,000 in 1993--a 95 percent decline. In 1994, the abundances of
many coho stocks are expected to be the lowest on record, and are not
expected to meet spawning escapement goals, even without any ocean
salmon fishing. Most chinook stock abundances also are predicted to be
at very low, even record low, levels of abundance.
Salmon fisheries in the ocean waters off Washington and northern
Oregon are closed in 1994. Remaining salmon fisheries in the ocean
waters off central and southern Oregon and California are at reduced
levels and are closed to fishing for coho. It is predicted that 1994
ocean salmon landings will amount to only 289,000 chinook and zero
coho. Although fishing seasons for inside (non-ocean) fisheries have
not been completely finalized, they are expected to be the most
restrictive ever imposed in many areas.
Despite increasingly stringent management measures enacted in
recent years to protect these salmon stocks, they have reached a
critical stage of depletion, due in part to environmental conditions
unfavorable to salmon survival that include: (1) An extended drought in
California; (2) less than normal snowpack throughout the western United
States; (3) drought followed by extensive flooding in the State of
Washington; (4) and an extreme El Nino ocean warming event during 1992-
1993, which is believed to have been responsible for extremely poor
salmon survival.
Impacts on the Industry
The Pacific Fishery Management Council estimated that, as late as
1988, there were about 5,300 commercial salmon troll vessels fishing
off the West Coast, compared to about 2,300 vessels in 1992--a decline
of 57 percent over that period. NMFS' Northwest Region conducted an
analysis of economic models that suggest that the 1992 West Coast
salmon industry involved 8,400 full-time work years. However, much of
the employment is part time, so that the total number of individuals
impacted by this resource disaster is much greater. Commercial salmon
fishermen earned $33.8 million, while marine recreational anglers spent
$79.5 million fishing for West Coast salmon in 1992. In 1992, 140 West
Coast processing plants processed 72 million pounds (32.7 million kg)
of finished salmon products, worth approximately $170 million. These
plants employ over 2,000 people for the processing of salmon and other
West Coast fish.
Proposed Agency Action
For the reasons set out above, the Secretary has declared that a
natural fishery resource disaster exists under section 308(d) of the
Interjurisdictional Fisheries Act of 1986 (IFA), as amended (16 U.S.C.
4107). The Secretary has asked the President to transmit to Congress a
request for $12 million to assist those persons affected by the West
Coast salmon fisheries disaster.
The IFA authorizes the Secretary to award grants to ``persons''
(defined as individuals, corporations, partnerships, trusts,
associations, or other nongovernmental entities) engaged in commercial
fisheries impacted by a natural fishery resource disaster, with the
following conditions:
1. Eligibility for a grant shall be limited to any person that has
less than $2 million in gross revenues annually, as determined by the
Secretary.
2. A person may receive a grant under this subsection for up to 75
percent of any uninsured commercial fishery loss resulting from the
fishery resource disaster (to the extent that such losses have not been
compensated by other Federal and state programs), but shall receive no
more than $100,000 in the aggregate for all such losses suffered as a
result of the disaster.
NMFS intends to develop specific implementing regulations governing
the award of the proposed grants. Section 308(d) of the IFA requires
the Secretary to establish appropriate limitations, terms, and
conditions for awarding grants, including provisions specifying the
means by which an applicant must demonstrate claimed losses and
limiting the aggregate amounts that may be paid to persons affiliated
with each other or under common ownership. Such limitations, terms, and
conditions are to be established after there has been notice and
opportunity for public comment.
NMFS is seeking comments from the fishing industry regarding the
design of an assistance program that will alleviate economic hardship,
including a program that would reduce future levels of fishing effort
for resources covered under the Disaster Declaration. NMFS is
considering compensating fishermen who relinquish their state fishing
permits for the lost value of their permits as a result of the fishery
resource disaster. Given the pivotal role of the States of California,
Oregon, and Washington in regulating the coastal salmon fisheries, NMFS
would need to work closely with these states in designing an effective
program. Although government entities are not eligible under the
statute to receive assistance, NMFS also is requesting comments from
Indian tribes, state fisheries agencies, and any other interested
parties. Specific comments and recommendations are requested on the
following questions:
1. What would be appropriate goals for the program? How might
salmon abundance be increased through this program?
2. Should there be additional eligibility criteria, within
statutory constraints, to receive a grant?
3. NOAA is considering soliciting applications from non-
governmental partnerships, trusts, and associations of fishermen in
order to administer significant numbers of awards; do such associations
exist?
4. If fishing permits are relinquished, how can their future
reissuance be handled by the states?
5. What should be the basis for the valuation of the permits, and
should inactive permits be valuated differently? 6. What would be
appropriate documentation to determine the extent of uninsured losses?
7. What should be the starting and ending dates of the disaster
period for purposes of awarding grants, and what factors should the
Secretary consider in determining these dates?
Classification
This advance notice of proposed rulemaking has been determined to
be not significant for purposes of E.O. 12866.
Dated: May 27, 1994.
Charles Karnella,
Acting Program Management Officer, National Marine Fisheries Service.
[FR Doc. 94-13490 Filed 5-31-94; 9:42 am]
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