DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-50,838

FISHING VESSEL (F/V) WINDY SEA
KODIAK, ALASKA

Notice of Negative Determination
Regarding Application for Reconsideration


By application dated May 9, 2003, the petitioner requested
administrative reconsideration of the Department's negative
determination regarding eligibility to apply for Trade
Adjustment Assistance (TAA), applicable to workers and former
workers of the subject firm. The denial notice was signed March
27, 2003, and published in the Federal Register on April 11,
2003 (68 FR 17831).
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) if it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) if in the opinion of the Certifying Officer, a
misinterpretation of facts or of the law justified
reconsideration of the decision.
The petition was filed by the company official for workers
producing salmon. The denial of TAA for the workers of F/V
Windy Sea, Kodiak, Alaska, was based on the finding that the
subject firm did not fish for salmon during 2002.
The petitioner, in the request for reconsideration, states
that the worker group did not fish for salmon in 2002 because of
the possibility of losing money due to intense foreign
competition. As vessel owner, the petitioner explains that he
and the crew would have lost money. The subject firm instead
fished for halibut. The petitioner also provided information
regarding his adjusted gross income, which included fishing
halibut only in 2002, adding that fishing salmon in that year
would not have increased income.
Since the petition was filed on behalf of workers producing
salmon, and the workers did not fish for salmon during the
relevant time period, the petition was denied.



Conclusion
After review of the application and investigative findings,
I conclude that there has been no error or misinterpretation of
the law or of the facts which would justify reconsideration of
the Department of Labor's prior decision. Accordingly, the
application is denied.

Signed at Washington, D.C. this 5th day of August 2003.

/s/ Linda G. Poole
__________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance