West Coast Salmon Fisheries; Northwest Emergency Assistance Plan

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[Docket No. 940844-4282; I.D. 082394C]

RIN 0648-AG75

West Coast Salmon Fisheries; Northwest Emergency Assistance Plan

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of program for financial assistance.

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SUMMARY: NMFS establishes a program, the Northwest Emergency Assistance

Plan (NEAP), that will provide $12 million of assistance to salmon

fishermen in the Pacific Northwest who have been affected by a fishery

resource disaster during 1992 through 1994, while providing

conservation benefits to salmon resources. These disaster relief funds,

which were made available under the Interjurisdictional Fisheries Act

(IFA), will be applied toward the following three programs,

administered by the following intermediaries: A vessel permit buyout

program--Washington Department of Fish and Wildlife; and a habitat

restoration jobs program--Soil Conservation Services (SCS) of the U.S.

Department of Agriculture (USDA); and a data collection jobs program--

Pacific States Marine Fisheries Commission (PSMFC). The intent is to

provide assistance to those commercial fishermen who have recently

participated in the salmon fisheries, who were substantially reliant on

West Coast salmon resources for their income, and who suffered an

uninsured loss as a result of a significant reduction in income because

of the resource disaster. The intent is also to provide this assistance

in a manner likely to contribute to conservation/restoration efforts

for salmon.

EFFECTIVE DATE: October 11, 1994.

FOR FURTHER INFORMATION CONTACT:

Bruce Morehead, (301) 713-2358, or Stephen Freese, (206) 526-6113.

SUPPLEMENTARY INFORMATION:

Background

On May 26, 1994, the Secretary of Commerce (Secretary) declared a

fishery disaster and, with the Office of Management and Budget (OMB),

announced a $15.7 million emergency aid package for Oregon, Washington,

and northern California. This aid is intended to alleviate the economic

hardship suffered by individuals and communities because of the

collapse of salmon stocks in fishing areas along the Northwest coast.

Included in this package is $12 million available under the section

308(d) of the Interjurisdictional Fisheries Act of 1986, 16 U.S.C.

4107(d), to undertake the NEAP program, as described in this notice.

In addition, $3 million is being administered by the Rural

Development Administration (RDA) of USDA. Grants by RDA will be made to

public bodies and private nonprofit corporations to finance development

of small business enterprises in cities under 50,000 in population. The

Economic Development Administration (EDA) of the Department of Commerce

is making $882,000 available, instead of the $700,000 originally

announced as part of the $15.7 million aid package. Grants by EDA have

been earmarked to communities for tourism development and to tribes for

stream reclamation.

In addition to the $15.7 million package, aid to salmon fishermen

is also being provided by the Small Business Administration and the

Farmers Home Administration, in the form of loans and debt

restructuring programs, and by the Federal Emergency Management Agency

(FEMA) and the Department of Labor (DOL) in the form of unemployment

assistance, up to $14 million, to dislocated Washington, Oregon, and

California fishermen who are unemployed as a direct result of the

continuing effects of El Nino on salmon fishing.

On behalf of the Secretary, NMFS published an advance notice of

proposed rulemaking (ANPR) on June 3, 1994 (59 FR 28838), to solicit

public comment on issues to be considered in development and

implementation of the $12 million NEAP program. In addition to the

ANPR, NOAA's Office of Sustainable Development and Intergovernmental

Affairs arranged a series of eight town meetings designed to gather

information about the effects of the decline in the salmon resources on

local communities and fishermen. A notice of the proposed program,

which included responses to comments received on the ANPR, was

published on September 7, 1994 (59 FR 46224). Comments received in

response to that notice are summarized and responded to in this

document.

Fishery Resource Disaster

Although West Coast (Washington, Oregon, and California) salmon

stocks experience annual fluctuations in abundance, stock abundances in

the last few years have been exceptionally low. West Coast salmon

species are coho, chinook, chum, sockeye, and pink salmon. Landings of

chinook and coho, have declined significantly, from roughly 6.2 million

fish in 1988 to 2 million fish in 1993. Chinook salmon fisheries in the

ocean waters off Washington and Oregon north of Cape Falcon were closed

in 1994 by the Federal Government. Other salmon fisheries in the ocean

waters off central and southern Oregon and northern California are at

reduced levels and are closed to fishing for coho. Additional

information regarding the declines in chinook and coho can be found in

the ANPR and the notice of the proposed program, and is not repeated

here.

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, in combination with the already depressed condition of

northern California stocks; (2) less than normal snowpack throughout

the western United States; (3) drought followed by extensive flooding

in the State of Washington; and (4) poor upwelling, due to an extreme

El Nino ocean warming event during 1992-1993, all of which are believed

to have been responsible for extremely poor salmon survival.

Comments and Responses

During the comment period, thirty-three comment letters were

received including several that had multiple signatures. Almost all of

the comments were from Oregon and California. Almost all comments

recommended the need for direct grants while the majority of comments

were recommending reduction in the total Washington State targeted-

state distribution and for elimination of the Washington State permit

buyout program. Other major comment areas concerned loosening of the

eligibility criteria, and recommendations for improvements in the

Habitat Restoration and the Data Collection Jobs Programs.

Direct Assistance to Impacted Salmon Fishermen

Comment: Many respondents requested that direct assistance be

provided to eligible salmon fishermen for a variety of needs including

family related expenses and vessel maintenance and moorage.

Response: NOAA has decided not to provide direct assistance to

impacted salmon fishermen for a number of reasons. Direct aid is

inconsistent with other Federal actions such as the aid granted to

distressed New England fishermen or to distressed Northwest timber

workers. DOL Disaster Unemployment Assistance is available in all three

states. Special administrative mechanisms would need to be established

which would slow relief and increase administrative expense. Another

key consideration is that direct aid, unlike the jobs and permit buyout

programs, would do little to improve the prospects for an

overcapitalized salmon fishery.

State Funding Targets

Comments were received concerning the state funding targets.

Several comments acknowledged that Washington State may have suffered

the greatest impact but did not agree that Washington's share should be

as high as 55 percent, particularly if the share was based on

information concerning the private recreational harvests and associated

impacts. Alternative suggestions were to divide the aid equally between

the three states; to allocate 40 percent to Washington State and 30

percent each to the other states; or to base the allocations on the

apportionment guidelines used for other purposes under the IFA.

Comment: Targeted state distributions between the states should be

changed.

Response: After careful review of such factors as potential salmon

fishing employment, commercial revenues and recreational expenditures,

NOAA has chosen to maintain the state funding targets at 55 percent to

Washington, 22.5 percent to the Oregon, and 22.5 percent to California

as proposed. These percentages are established as targets that allow

some flexibility and not as rigid allocations, since no data can

conclusively apportion the relative economic impact among the three

states.

Eligibility Requirements

The proposal identified eligibility criteria for participation in

both the jobs programs and the permit buyout program. Under the

proposal for the buyout program, the commercial fisherman would have

been required to demonstrate that he/she suffered a loss between a

selected base year and 1992 or 1993. Under the proposal for the jobs

programs, the commercial fisherman would have been required to show

that: At least 50 percent of his/her income in the base year was

derived from fishing, he/she fished in either 1992 or 1993, his/her

income declined by at least 50 percent between the base year and 1992

or 1993, and his/her 1993 gross income must be no more than $25,000 for

individuals or $50,000 in combined spousal income (husband's plus

wife's). Several comments and suggestions sought relaxation of the

eligibility criteria, thereby enlarging the pool of eligible

participants.

Comment: Several commenters suggested that NMFS should expand the

years for comparison to determine loss. Currently, the commercial

fisherman selects a base year from 1986-1989 and compares fishery

income to either 1992 or 1993. Expanding the possible base years to

include 1990 and the possible comparison years to include 1994 would

broaden the number of participants eligible for the programs.

Response: NMFS has made changes in how NEAP eligibility and

uninsured losses are determined to give added opportunity for

participation by fishermen. Fishermen can use 1991 and 1994 in addition

to 1992 and 1993 as years to establish eligibility with respect to

earning commercial fisheries income. For calculating the amount of

uninsured loss, 1990 can be used as a base year and 1994 can be used as

a comparison year. If a fisherman had commercial fisheries income in

1991, but none in 1992 through 1994, income for the comparison year can

be zero.

Comment: Decrease the percentage of base year fishery income

necessary to qualify for the jobs programs.

Response: Under the proposal, the commercial fisherman must show

that at least 50 percent of his/her income is derived from fishing in

the selected base year. Suggestions were made to reduce this to 40

percent. Because of limited funds, the purpose of using 50 percent is

to capture individuals who depended on fishing for a majority of their

income.

Comment: Modify the gross income requirements for the jobs

programs.

Response: Under the current proposal, if single, the applicant's

1993 gross income must have been less than $25,000 and if married the

1993 gross combined income of the applicant and his/her spouse must

have been less than $50,000. There is a suggestion to increase the

$25,000 level to $40,000. Maintaining this $25,000 cap is expected to

assist the neediest fishermen and will allow for a sufficient pool of

applicants.

Comment: Apply eligibility criteria equally to all programs.

Response: Under the current proposal, to qualify for the permit

buyout program an individual need only show an uninsured loss. To

qualify for the jobs programs, however, an individual must meet

additional criteria. Extending the jobs' criteria to the buyout program

would exacerbate the administrative complexities of the program. It

could possibly lead to more funds being absorbed in administrative

costs and less funds going directly to fishermen. By reducing the

number of potential bidders under the buyout program, the additional

criteria would tend to raise the price paid for each permit and reduce

the number of permits that could be purchased.

Habitat Restoration Jobs Program

Comment: Flexibility should be afforded to the habitat restoration

jobs program to allow for broader types of activities. Respondents

suggested the following: pre-restoration stream surveys, post-

restoration monitoring, public education, and habitat protection.

Response: NMFS will provide flexibility to SCS to include a wider

range of habitat related activities as part of this program.

Comment: Priority should be given to those projects that include

matching or in-kind contributions.

Response: NOAA will stipulate in the Interagency Agreement with SCS

that greater consideration be given to those projects that include a

cost share/match or in-king contribution.

Comment: Funds provided to California for purposes of the habitat

restoration jobs program should be divided equally between the resource

conservation districts and the Salmon Stamp Program.

Response: SCS will consider providing these funds to the California

Association of Resource Conservation, which in turn will award funds to

Tribal organizations, conservation districts, state agencies and other

organizations capable of conducting habitat restoration work based on

scientific merit and priority needs.

Comment: None of the NEAP money should be made available for the

Columbia/Snake, Klamath/Trinity, or Central Valley watersheds, because

they have already received substantial Federal funds. Instead, funds

should be directed to smaller but more critical habitats.

Response: Currently almost all Federal funds spent to undertake

habitat restoration projects in the named watersheds are applied to

projects on public lands. To complement these existing Federally funded

activities, NOAA intends for funds under this program to be used

primarily for projects on private lands in the named watersheds. At the

same time, program funds may also be used to restore other critical

watersheds.

Comment: A number of respondents expressed concerns that no

specific criteria were identified to assess scientific merit and/or

need for individual habitat restoration jobs projects. Another

respondent stated that projects should be developed after a watershed

analysis. Similarly, there were concerns that the habitat restoration

jobs program not overlap or duplicate other similar state and Federal

projects undertaken as part of the Forest Plan.

Response: NMFS is working with SCS to develop a review process that

evaluates the biological aspects of individual projects and ensures the

activities do not duplicate ongoing efforts. As deemed appropriate, a

watershed analysis will be required for projects.

Comment: Specific caps should be stipulated for the administrative

costs associated with the habitat jobs restoration program.

Response: The Interagency Agreement between NOAA and SCS will

stipulate that the cumulative administrative costs for the habitat

restoration jobs program not exceed 15%.

Data Collection Jobs Program

Comment: Funds provide to the PSMFC should not be restricted by

state allocation levels. All applicants, regardless of residence,

should compete openly for a single pool of funds.

Response: The PSMFC has the flexibility to deviate from the state

allocation targets, if there is substantial justification. State

distribution targets are intended as guides rather than rigid

allocations. Final state distributions may differ from these targets.

Other

Comment: If the jobs programs are not available until spring, some

fishermen will be participating in other fisheries, and unable to

participate in the program.

Response: The timing of many habitat restoration jobs will be

limited by weather and biological considerations. It is intended that

the habitat restoration jobs program include a broader range of

projects, which may provide for jobs during all seasons.

Comment: The jobs programs are not structured to lead to permanent

employment at a living wage. There is no long-term assistance for

training, placement, or business startup.

Response: The intent of the programs is to compensate fishermen for

uninsured losses and not to provide long-term assistance for other

employment or business opportunities.

Comment: Salmon fishermen currently receiving unemployment funds

and or Federally funded training should not be ineligible to

participate in the habitat restoration jobs program.

Response: Salmon fishermen receiving Federal unemployment funds or

Federally funded training are not precluded from receiving funds from

NEAP. However, funds received for such purposes are considered

compensation. The IFA provides that eligible commercial fishermen may

only receive 75% of their total uncompensated and uninsured loss, and

may not receive in excess of $100,000 in total Federal compensation.

Comment: Why are support industries and government entities

ineligible for assistance?

Response: NOAA acknowledges that the closure of the salmon fishery

negatively impacted the recreational support industries, fish

processing workers, and local governments. However, the IFA clearly

provides that aid under this authority will be made available only to

commercial fishermen.

Comment: Why is this program taking so long to get started?

Response: Certain procedural steps must be undertaken to comply

with the IFA and other applicable law. These steps include opportunity

for public notice and comment. Also the programs need to be designed

and made operational. All three programs require agreements with the

administrative intermediaries who in turn must create programs and

processes that comply with the NEAP. All efforts are being undertaken

to expedite the assistance.

Comment: Because of the recent Sonoma County, California, FEMA

disaster declaration, the geographic range of the jobs programs needs

to be expanded.

Response: The listing of counties was to serve as a means of

illustration of the likely counties where projects are to take place.

The eligibility criteria do not require that fishermen must live in the

county where the projects take place. Habitat restoration projects are

geographically limited to locations within close commuting distance of

commercial fishermen as defined under this action. However, for sake of

completeness Sonoma County will be specifically mentioned as well as

the counties bordering on the tributaries of the Columbia River.

Changes From the Proposed Program

In response to comments, NMFS has made substantive changes to NEAP,

from the proposed program, to provide added opportunity and flexibility

for participation by fishermen impact by the disaster. As noted in the

response to comments, these changes are: (1) Fishermen can use 1991 or

1994 in addition to 1992 or 1993 as years to establish eligibility with

respect to earning commercial fishing income; (2) fishermen can use

1990 as a base year and 1994 as a comparison year to calculate the

amount of uninsured loss; (3) charterboat permit holders are eligible

for the buyout program at the discretion of Washington State; and (4)

the geographical range for habitat restoration projects has been

expanded.

NEAP Program

I. Statutory Authority

Section 308(d) of the IFA, codified at 16 U.S.C. 4107(d),

authorizes the Secretary to award grants to persons engaged in

commercial fisheries, for uninsured and uncompensated losses determined

by the Secretary to have been suffered as a direct result of a fishery

resource disaster. Set forth below are the conditions and definitions

established by NOAA, pursuant to authority delegated by the Secretary,

to implement the programs described in part III.

The IFA requires that ``the Secretary shall determine the extent,

and the beginning and ending dates of any fishery resource disaster''

(16 U.S.C. 4107)(d)(2)). Although there have been declining trends in

landings from the salmon fisheries in recent years, a sharp decline did

not occur until after 1991. This sharp decline coincided with an

extreme El Nino ocean warming event during 1992-1993. The 1994 season

is the first season in which all ocean fisheries for coho were closed;

the projected chinook harvest for ocean fisheries indicates a new

record low will be achieved, eclipsing the previous record low in 1992.

Therefore, for the purposes of the NEAP, the beginning and ending dates

of the fishery resource disaster are January 1, 1992, and December 31,

1994, respectively.

The extent of this disaster includes the waters and habitat

associated with the salmon fisheries of northern California, Oregon and

Washington.

II. Definitions

For the purposes of the NEAP program:

Commercial fishermen are vessel owners, operators, or crews

directly involved in the commercial fishery.

Commercial fishery 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.

Commercial fishery income is earned income derived from

participation in the commercial fishery.

Gross income includes all income received in the form of money,

goods, property, and services that is not exempt from Federal income

tax.

Loss is defined as a loss of income not subject to Federal or state

compensation and determined by a multi-step procedure, as follows:

1. The applicant (commercial fisherman) selects a base year from

the years 1986 through 1990.

2. The applicant determines his/her commercial fishery income from

1992, 1993, or 1994, and selects whichever year commercial fisheries

income was the highest. This is the comparison year. If an applicant

had no commercial fisheries income from 1992 to 1994, the amount for

the comparison year is zero.

3. If the amount of the applicant's commercial fishery income, as

selected in step 2 above, is less than the applicant's commercial

fishery income from the base year, then a loss has occurred. The amount

of the annual loss is the difference between the applicant's base year

commercial fishery income and that from the comparison year selected in

step 2 above.

4. The amount of the annual loss calculated in step 3 above is

multiplied by three to determine the applicant's total loss for the

disaster period.

(Note: The Federal assistance programs announced in this notice

are limited to compensation to commercial fishermen for uninsured

losses that have not been addressed through compensation from other

state or Federal programs.)

Salmon means chinook (king) salmon (Oncorhynchus tshawytscha), coho

(silver) salmon (Oncorhynchus kisutch), pink (humpback) salmon

(Oncorhynchus gorbuscha), chum (dog) salmon (Oncorhynchus keta), and

sockeye (red) salmon (Oncorhynchus nerka).

III. Program Descriptions

A. Vessel Permit Buyout Program

This program is intended to compensate commercial fishermen for

uninsured lost income and to aid the long-term viability of the fishery

resource by reducing fishing effort on the stocks.

Only Washington State has indicated a strong interest in a buyout

program and currently has a limited entry program that meets the

program requirements. Therefore, Washington State will function as the

sole administrative intermediary. However, if another state or tribal

government entity has in place an appropriate limited-entry system and

wants to participate in the buyout program, NMFS will consider allowing

buyouts of limited entry permits issued under appropriate limited entry

permit programs other than Washington State's. Washington State, in

consultation with NMFS, shall design a permit buyout program that is

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, any

receipt of benefits by the applicant from all other assistance programs

associated with this disaster, and the gross income of the applicant in

1993 (or, if married, the combined gross income of both spouses). The

administrative costs charged by Washington State shall be kept at a

minimum; such costs should not exceed 7.5 percent of the total funds

distributed for this program.

Offers to sell gillnet or troll permits from commercial fishermen

who participate under limited entry systems of qualified government

entities will be solicited by the State of Washington. (Qualified

government entities are those governments that administer limited-entry

commercial salmon fisheries and can ensure that permits bought out will

not be replaced.) These commercial fishermen will need to demonstrate

an uninsured, and otherwise uncompensated, loss as a result of the

fishery resource disaster, as defined for the purposes of NEAP.

Permits will be selected for buyout based on a sealed bid process.

Starting with the lowest offers, permits will be purchased until the

funds are exhausted. Maximum purchase prices for these permits will be

limited to amounts that ensure that the offerer (commercial fisherman)

will not be receiving total benefits from this and any other program

that exceed 75 percent of his or her uninsured, and otherwise

uncompensated, commercial fishery loss resulting from this fishery

resource disaster, and in no case more than $100,000 per individual.

The State of Washington, in consultation with NMFS, will reserve the

right to reject any and all bids.

This program was originally designed to be applied to the

Washington State troll and gillnet fleets. However, Washington State

may elect to include the charterboat fleet. Fishermen may contact the

Washington Department of Fish and Wildlife for updates on the

development of this program. For more details about the buyout program,

consult the September 7, 1994, notice of the proposed program.

B. Habitat Restoration Program

The habitat restoration program will hire eligible commercial

fishermen (i.e., those who suffered uninsured losses as a result of the

West Coast salmon fishery disaster), both tribal and non-tribal, at a

``living wage'' to perform work that has a long-term beneficial impact

on the habitat of the salmon. Generally, ``living wages'' are wages

commensurate with the prevailing rate for similar work conducted in a

specific locality. Depending on the locality and the skills required,

living wage may range up to $10-15 per hour. The types of work

fishermen may do under this program will involve the operation of

backhoes and skiploaders, and undertaking the necessary plantings of

vegetation. Generally, fishermen will need 1 to 2 days of training.

Commercial fishermen who meet the eligibility criteria will be hired on

a first-come, first-served basis by contractors associated with

projects that have been solicited and approved by the administrative

intermediary.

Habitat restoration projects are to take place in areas

geographically accessible to displaced fishermen, which include the

coastal counties from Sonoma County, CA, to Whatcom County, WA; Clallam

County, WA; and counties bordering on Puget Sound or the Columbia River

or its tributaries. If within commenting distance, projects can be

undertaken in other counties, if they contain habitat important to the

salmon resources associated with the fishery resource disaster.

NMFS intends to enter into an agreement with the SCS to serve as

the administrative intermediary for the habitat restoration program. A

discussion of the rationale for choosing the SCS as the intermediary

for this program can be found in the September 7, 1994, notice of the

proposed program.

The SCS will enter into agreements with the appropriate state

conversation agency, conversation commission, or association of

conservation districts, which, in turn, will develop: A grant

solicitation process, including guidelines for making a grant

application; a grant application review process; deadlines for grant

applications; and a monitoring and evaluation process. Each state

conservation agency, conservation commission, or association of

conservation districts will develop agreements with state employment

departments to establish a program to determine the eligibility of

commercial fishermen according to the criteria described elsewhere in

this notice.

While it is NMFS' intention to make financial assistance available

as soon as possible, it should be noted that, due to weather, habitat

considerations, and the need for project review, planning, and

implementing, it is unlikely that many fishermen will start receiving

wages in this program prior to April 1, 1995. Every effort to expedite

the program will be made.

C. Data Collection Jobs Program

NMFS has chosen the PSMFC as the administrative intermediary for

the data jobs program in the three affected states. NMFS has selected

the PSMFC as the administrative intermediary because PSMFC goals,

objectives, and organizational structure coincide largely with the

implementation needs of this program. The rationale for choosing the

PSMFC as the intermediary for this program is discussed in the

September 7, 1994, notice of the proposed program.

The data collection program will provide jobs associated with

collecting information or performing tasks that will be of use to

scientists and fishery managers. Under this program, eligible

commercial fishermen, both tribal and non-tribal, will be hired on a

first-come, first-served basis, at a ``living wage,'' up to $10-15 per

hour, to perform various tasks by contractors associated with approved

projects. Examples of these tasks include collecting tissue samples for

genetic research, measuring parameters of the ocean environment

(temperature, upwelling, etc.), performing baseline surveys of habitat,

participating in test fisheries to determine ocean fish distribution,

and assisting hatchery technicians in collecting information or in

improving hatchery operations. Commercial fishing vessels may also be

chartered to do research. For some tasks, as with the habitat

restoration program, training of fishermen will be required.

Proposals will be competitively solicited by the administrative

intermediary from states, tribes, academia, and industry or

conservation organizations for projects to be considered under this

data collection jobs program. These proposals will be ranked according

to criteria established in section IV of this notice. To ensure that

this program complements the habitat restoration program and does not

duplicate other Federal assistance programs, representatives from NMFS

and SCS will be members of this review panel. Priority will be given to

projects that provide the greatest benefits to displaced fishermen;

address the sustainability or rebuilding of anadromous species,

especially threatened or endangered salmon stocks; address Federal,

Pacific Fishery Management Council, PSMFC, or state fishery research

needs; are based on sound scientific methodology; and have low

administrative costs. Applicants must demonstrate ability to manage and

account for Federal funds. Matching funds or cost sharing are not

required, but may be taken into consideration during the final

selection process. The timing of the actual employment of fishermen

will depend on the planning and proposal selection process, as well as

the best seasons in which to undertake research.

IV. Eligibility Criteria

For purposes of the habitat restoration and data collection

programs under NEAP, job applicants must meet all of the following

eligibility criteria to receive assistance:

1. The applicant must show an uninsured loss.

2. In the base year (1986, 1987, 1988, 1989, or 1990) used by the

applicant in determining loss, the applicant must have earned at least

50 percent of gross income from the commercial fishery.

3. The applicant must have earned commercial fishery income in

1991, 1992, 1993, or 1994.

4. The applicant's 1992, 1993, or 1994 commercial fishery income,

whichever is greater, must have declined by at least 50 percent from

the applicant's commercial fishery income from the base year selected.

If an applicant had no commercial fishery income in 1992-1994 and had

commercial fishery income during a base year, this criterion is

satisfied.

5. If single, the applicant's 1993 gross income must have been less

than $25,000. If married, the applicant's 1993 gross combined income of

the applicant and his/her spouse must have been less than $50,000.

No person may receive financial assistance under NEAP that exceeds

75 percent of any uninsured and otherwise uncompensated commercial

fishery loss resulting from the fishery resource disaster, and no

person may receive more than $100,000 of Federal funds in the aggregate

for all losses resulting from the disaster.

The intent of these criteria is to provide the available assistance

to those commercial fishermen who have been most heavily dependent on

salmon fishing and who have suffered the greatest losses. In order to

comply with the requirements of the IFA, an uninsured loss must be

shown. The second criterion is intended to determine those applicants

that have been dependent on the commercial fishery for most of their

livelihood. The third criterion is intended to limit eligibility to

those who commercially fished during the disaster period. The final two

criteria are intended to focus the available financial assistance on

those commercial fishermen who have suffered the greatest losses due to

the disaster and who do not have significant income from other sources.

In applying for any of the programs, a commercial fisherman will be

required to submit documentation, including salary, earnings, or crew-

share statements and affidavits that demonstrate eligibility.

Discussion of the rationale for these criteria was provided in the

notice of the proposed program and is not repeated here.

V. Program and State Funding Targets

NMFS anticipates that the NEAP program will result in the following

distribution of available financial assistance among the affected

states and programs: 55 percent of available funds will be distributed

to the State of Washington and 22.5 percent of available funds will be

distributed to each of the States of Oregon and California. NMFS

emphasizes that these are ``target'' distributions, not fixed

percentages, and are flexible; redistributions could be made, if

increased total benefits can be achieved.

Classification

This action has been determined to be not significant for purposes

of E.O. 12866.

This action establishes a financial assistance program that will

contain collection-of-information requirements subject to the Paperwork

Reduction Act. The necessary information collection forms and specific

reporting requirements have not been fully identified at this time, and

will be developed in conjunction with the intermediaries administering

the program, and submitted to OMB for approval prior to implementation.

Because this notice establishes a program to address some of the

immediate needs of salmon fishermen affected by the resource disaster,

there is good cause under section 553(d)(3) of the Administrative

Procedure Act to make this notice effective upon publication in the

Federal Register. Any delay in making this program effective will delay

relief to those adversely affected by the disaster and, therefore,

delaying the effective date of this notice for 30 days in contrary to

the public interest.

Dated: October 4, 1994.

Gary Matlock,

Program Management Officer, National Marine Fisheries Service.

[FR Doc. 94-24997 Filed 10-4-94; 5:06 pm]

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