West Coast Salmon Fisheries; Disaster Relief

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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