Rule2024-13357
Fisheries of the Exclusive Economic Zone off Alaska; Cook Inlet; Final 2024 Harvest Specifications for Salmon
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Published
June 18, 2024
Effective
June 17, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS announces the final 2024 harvest specifications for the salmon fishery of the Cook Inlet exclusive economic zone (EEZ) Area. This action is necessary to establish harvest limits for salmon during the 2024 fishing year and to accomplish the goals and objectives of the Fishery Management Plan for Salmon Fisheries in the EEZ off Alaska (Salmon FMP). The intended effect of this action is to conserve and manage the salmon resources in Cook Inlet EEZ Area in accordance with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act).
Full Text
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<title>Federal Register, Volume 89 Issue 118 (Tuesday, June 18, 2024)</title>
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[Federal Register Volume 89, Number 118 (Tuesday, June 18, 2024)]
[Rules and Regulations]
[Pages 51448-51459]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-13357]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 240612-0158; RTID 0648-XD877]
Fisheries of the Exclusive Economic Zone off Alaska; Cook Inlet;
Final 2024 Harvest Specifications for Salmon
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; harvest specifications.
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SUMMARY: NMFS announces the final 2024 harvest specifications for the
salmon fishery of the Cook Inlet exclusive economic zone (EEZ) Area.
This action is necessary to establish harvest limits for salmon during
the 2024 fishing year and to accomplish the goals and objectives of the
Fishery Management Plan for Salmon Fisheries in the EEZ off Alaska
(Salmon FMP). The intended effect of this action is to conserve and
manage the salmon resources in Cook Inlet EEZ Area in accordance with
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act).
DATES: Harvest specifications and closures are effective at 0700 hours,
Alaska local time (A.l.t.), June 17, 2024, until the effective date of
the final 2025 harvest specifications for the Cook Inlet EEZ Area.
ADDRESSES: A plain language summary of this rule is available at
<a href="https://www.regulations.gov/docket/NOAA-NMFS-2024-0028">https://www.regulations.gov/docket/NOAA-NMFS-2024-0028</a>.
Electronic copies of the Environmental Assessment (EA)/Regulatory
Impact Review/Social Impact Review (collectively, the Analysis) for
amendment 16 to the Salmon FMP are available from <a href="https://www.regulations.gov">https://www.regulations.gov</a> or from the NMFS Alaska Region website at <a href="https://www.fisheries.noaa.gov/action/amendment-16-fmp-salmon-fisheries-alaska">https://www.fisheries.noaa.gov/action/amendment-16-fmp-salmon-fisheries-alaska</a>.
The final 2024 Stock Assessment and Fishery Evaluation (SAFE) report
for Cook Inlet salmon is available on the Alaska Region website at
<a href="https://www.fisheries.noaa.gov/alaska/population-assessments/alaska-stock-assessments">https://www.fisheries.noaa.gov/alaska/population-assessments/alaska-stock-assessments</a>.
FOR FURTHER INFORMATION CONTACT: Adam Zaleski, 907-586-7228,
<a href="/cdn-cgi/l/email-protection#78191c1915560219141d0b13113816171919561f170e"><span class="__cf_email__" data-cfemail="a5c4c1c4c88bdfc4c9c0d6cecce5cbcac4c48bc2cad3">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
NMFS prepared the Salmon FMP under the authority of the Magnuson-
Stevens Act (16 U.S.C. 1801 et seq.). Regulations governing U.S.
fisheries and implementing the Salmon FMP appear at 50 CFR parts 600
and 679.
Section 679.118(b)(2) requires that NMFS consider public comment on
the proposed harvest specifications and publish the final harvest
specifications in the Federal Register. The proposed 2024 harvest
specifications for the Cook Inlet EEZ Area were published in the
Federal Register on April 12, 2024 (89 FR 25857). Comments were invited
and accepted through May 13, 2024. NMFS received 21 letters and 19
distinct comments during the public comment period for the proposed
2024 Cook Inlet EEZ Area harvest specifications. NMFS responses are
addressed in the Response to Comments section below. After considering
public comments submitted for the proposed rule (89 FR 25857, April 12,
2024), NMFS is implementing the final 2024 harvest specifications for
the salmon fishery of the Cook Inlet EEZ Area consistent with the
Scientific and Statistical Committee's (SSC) fishing level
recommendations and that account for the significant management
uncertainty associated with this new fishery.
Final 2024 Overfishing Levels (OFL), Acceptable Biological Catch (ABC),
and Total Allowable Catch (TAC) Specifications
The final 2024 SAFE report contains a review of the latest
scientific analyses and estimates of biological parameters for five
salmon species, and because harvest specifications must be in place
before the fishery begins, the SAFE report relies on forecasts of the
coming
[[Page 51449]]
year's salmon runs. The 2024 forecasted returns, and, consequently, the
OFLs, ABCs, and TACs were developed by NMFS and reviewed by the SSC.
Status determination criteria (SDC) and harvest specifications are
calculated in terms of potential yield for the Cook Inlet EEZ Area. The
potential yield is the total forecasted run size minus the number of
salmon required to achieve spawning escapement targets and the
estimated mortality from other sources including in other fisheries.
For the final 2024 SAFE report, NMFS developed suitable alternative
forecasts based on historical data for some stocks and used fishery
catch in prior years for other stocks and stock complexes to inform the
2024 harvest specifications.
Amendment 16 to the Salmon FMP specifies the tiers used to
calculate OFLs and ABCs. The tiers applicable to a particular stock or
stock complex are determined by the level of reliable information
available. This information is categorized into a successive series of
three tiers to define OFLs and ABCs, with Tier 1 representing the
highest level of information quality available and Tier 3 representing
the lowest level of information quality available. NMFS used this tier
structure to calculate OFLs and ABCs for each salmon stock or stock
complex (a stock complex is an aggregate of multiple stocks of a
species).
The SSC, Advisory Panel (AP), and North Pacific Fishery Management
Council (Council) reviewed NMFS's preliminary 2024 SAFE report for the
Cook Inlet EEZ Area salmon fishery in February 2024. From these data
and analyses, the SSC recommended an OFL and ABC for each salmon stock
and stock complex. The SSC further recommended changing the buffers
that reduce ABC from the OFL for aggregate Chinook, aggregate pink, and
aggregate chum salmon to be sufficiently precautionary. For each stock
and stock complex, the SSC made recommendations regarding OFLs and ABCs
and the AP recommended TACs, but after NMFS's consultation with the
Council, the Council took no action to recommend Cook Inlet EEZ Area
salmon harvest specifications. NMFS is implementing the OFLs and ABCs
recommended by the SSC and TACs consistent with the SSC's fishing level
recommendations and that account for the significant management
uncertainty associated with this new fishery. In making its motion at
the February Council meeting, NMFS discussed the sources of scientific
and management uncertainty in detail.
Following the February SSC and Council meeting, NMFS updated the
2024 SAFE report to include SSC recommendations (see ADDRESSES). The
final specifications are based on the final 2024 SAFE report, which
represents the best scientific information available on the biological
condition of salmon stocks in Cook Inlet and other social and economic
considerations.
The recommended specifications of OFL, ABC, and TAC are consistent
with the harvest strategy outlined in the Salmon FMP, the biological
condition of salmon as described in the final 2024 SAFE, SSC
recommendations, and with National Standard 1. ABC is less than or
equal to the OFL for each stock and stock complex. TACs are established
for species rather than stocks or stock complexes because it is not
possible to differentiate among stocks of the same species through
catch accounting during the fishing season. TACs for each species are
set less than the aggregate ABC for each component stock and stock
complex, and these TACs account for the assumed contribution of each
stock or stock complex to total catch to ensure ABC is not exceeded for
any stock and stock complex.
NMFS is publishing the final 2024 harvest specifications after: (1)
considering comments received within the comment period (see DATES);
(2) considering information presented in the Analysis (see ADDRESSES);
and (3) considering information presented in the final 2024 SAFE report
prepared for the 2024 Cook Inlet EEZ Area salmon fisheries (see 50 CFR
679.118(b)(2)).
The final 2024 OFLs, ABCs, and TACs are based on the best
scientific information available. The SAFE report was subject to peer
review by the SSC, which recommended ABCs in table 1, as is consistent
with Sec. Sec. 600.310(f)(3) and 600.315(c)-(d). The TACs are adjusted
to account for other relevant biological and social and economic
considerations presented in the resource assessment documents (i.e.,
the 2024 SAFE report) (see 50 CFR 679.118(a)(2)), including to account
for management uncertainty for this new fishery, the estimated
contribution of each stock or stock complex to total catch of a
species, and to prevent catch in the Cook Inlet EEZ Area from exceeding
the ABC for any stock or stock complex.
Table 1--Final 2024 Cook Inlet EEZ Area Salmon OFLs, ABCs, and TACs in Numbers of Fish
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Stock \1\ OFL ABC TAC
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Kenai River Late-Run sockeye salmon............................. 902,000 431,100 492,100
Kasilof River sockeye salmon.................................... 541,100 375,500 ..............
Aggregate other sockeye salmon.................................. 887,500 177,500 ..............
Aggregate Chinook salmon........................................ 2,700 270 240
Aggregate coho salmon........................................... 357,700 35,800 25,000
Aggregate chum salmon........................................... 441,700 110,400 99,400
Aggregate pink salmon........................................... 270,400 135,200 121,700
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\1\The TAC for sockeye salmon is combined for Kenai River Late-Run, Kasilof River, and aggregate other sockeye
salmon because of the mixed stock fishery.
Response to Comments
NMFS published its proposed harvest specifications on April 12,
2024 (89 FR 25857) and accepted public comment for 31 days, closing on
May 13, 2024. NMFS received 21 letters with 19 distinct comments during
the public comment. The comments were from individuals, environmental
groups, local governments, commercial fishing organizations, tribes and
tribal members, individual drift gillnet fishermen, and the United Cook
Inlet Drift Association.
Scope of the Harvest Specifications
Comment 1: NMFS needs to revise the Cook Inlet EEZ Area salmon
fishery management measures implemented under amendment 16, including
the use of a TAC, fishing dates and times, net length, recordkeeping
and reporting, vessel monitoring systems, authority to issue Emergency
Orders, refusal to honor Commercial Fisheries Entry Commission (CFEC)
limited entry permits, research, a tribal fishery, and tribal
engagement on amendment 16.
Response: These comments address topics outside the scope of the
harvest
[[Page 51450]]
specifications. Responses to any of these comments that were submitted
regarding amendment 16 were addressed in the Comments and Responses
section of the amendment 16 final rule (starting on page 34724 at 89 FR
34718, April 30, 2024). The comment period for amendment 16 ended on
December 18, 2023. The rulemaking for the proposed and final harvest
specifications sets the OFLs, ABCs, and TACs for the salmon fisheries
of the Cook Inlet EEZ Area, and this action does not change any of the
fishery management policies adopted under amendment 16.
Many of these comments asserted that the use of a TAC is not
appropriate for salmon. As stated in the previous paragraph, the use of
TACs was established by amendment 16 and its implementing regulations.
These harvest specifications establish the amount of the TACs for
salmon during the 2024 fishing year to accomplish the goals and
objectives of the Salmon FMP. Therefore, any comments related to the
use of a TAC are outside the scope of the harvest specifications.
Also, NMFS will monitor the fishery daily and use inseason
management measures and adjust the TAC, if practicable and supported by
the best scientific information available, to ensure that catch amounts
are appropriate for the realized run strength. NMFS determined the TACs
for the Cook Inlet EEZ Area are suitably precautionary to avoid
overfishing.
Total Allowable Catch (TAC) Amounts
Comment 2: The TACs proposed by NMFS for the Cook Inlet EEZ Area
are set too low and will cause foregone harvest and over-escapement.
Additionally, the 2024 forecast from State of Alaska Department of Fish
and Game (ADF&G) is for 3.72 million sockeye, minus 1 million for the
dip net/recreational fishery, which would leave about 2.7 million
sockeye theoretically available for commercial harvest. There is no
east side set net fishery again in 2024. There should be 2.7 million
sockeye available for commercial users, only drift gillnet gear type is
authorized for those commercial users, and 65 percent of the catch
occurs in the EEZ, so the TAC would need to be set at least 1.7 million
sockeye. For sockeye salmon, the TAC of 492,100 sockeye is too low as a
result of buffers that are disproportionately conservative relative to
other salmon stocks given their high abundance.
Response: NMFS disagrees that the 2024 Cook Inlet EEZ Area TAC of
492,100 sockeye salmon is too low and disproportionately conservative.
NMFS also disagrees that the TAC should be 1.7 million sockeye salmon.
The commenter's proposed TAC of 1.7 million sockeye salmon relies on
incorrect assumptions of historical EEZ harvests, is not based on the
preseason forecast method described in the final 2024 SAFE report, does
not account for scientific uncertainty in reducing the pre-season OFL
to the resulting ABCs recommended by the SSC, and does not account for
management uncertainty in setting the TAC less than the combined ABCs.
NMFS disagrees with the commenter's characterization of the
methodology used in the Federal harvest specifications for setting
OFLs, ABCs, and TACs. As described in section 4.5.1.2.3 of the
Analysis, the best available estimates of historical harvests indicate
that, contrary to the commenter's contention, 47 percent (not 65
percent) of the Cook Inlet drift gillnet harvest have occurred in EEZ
waters. Thus, the commenter overstates the proportions of historical
harvests that are estimated to have occurred in Cook Inlet EEZ Area
and, as a result, overestimated the number of sockeye salmon available
for harvest by the drift gillnet fleet as described in the final 2024
SAFE report and determined by the Federal TAC setting process. In
addition, the ADF&G preseason harvest estimate of 3.72 million sockeye
salmon (across all fisheries) that is referenced by the commenter--
which the commenter alleges should leave 2.7 million sockeye available
for commercial harvest--was not available in time to be included in the
final 2024 SAFE report for review by the SSC at the February 2024
Council meeting. Further, even assuming these numbers were accurate,
the 2.7 million sockeye the commenter argues should be available for
commercial harvest represents something akin to an OFL (i.e., the
maximum number of fish theoretically available for harvest before
accounting for scientific and management uncertainty) and does not
represent a scientifically-defensible ceiling for total commercial
harvest. The combined 2024 OFL for sockeye under these harvest
specifications is 2.33 million fish prior to accounting for scientific
and management uncertainty, and the OFLs were based on the best
scientific information available in time for SSC review. And as
described in the final 2024 SAFE report, historical harvests, not total
run size was used to set harvest specifications for the Tier 3
aggregate other sockeye salmon stock complex. Therefore, the combined
preseason harvest estimate provided by the commenter, in addition to
being erroneously inflated for the reasons described previously, is not
directly comparable to estimates of total run size and OFL described in
the final 2024 SAFE report.
As described in section 5 of the final 2024 SAFE report, for Tier 1
stocks of sockeye salmon (i.e., Kenai and Kasilof river stocks),
preseason total run size forecasts, which were based on the best
scientific information available in time for SSC consideration, were
reduced by the SSC-recommended spawning escapements and likely ADF&G
harvests to result in OFLs of 901,932 sockeye salmon for the Kenai
River and 541,084 sockeye salmon for the Kasilof River (1,443,016 fish
combined for Tier 1 stocks). For the Tier 3 aggregate other stock, the
SSC recommended an OFL of 887,500 fish by relying on estimated maximum
historical annual catch.
After defining OFL for each stock or stock complex, the SSC
recommends ABCs consistent with section 302(g) of the Magnuson-Stevens
Act. An ABC is ``a level of a stock or stock complex's annual catch,
which is based on an ABC control rule that accounts for the scientific
uncertainty in the estimate of [OFL], any other scientific uncertainty,
and the Council's risk policy'' (50 CFR 600.310(f)(1)(ii)). After
considering scientific uncertainty in the calculation of OFLs for the
Tier 1 stocks, including the historical accuracy of the estimates of
run size and ADF&G harvests, the SSC recommended ABCs of 431,123
sockeye salmon for the Kenai River and 375,512 sockeye salmon for the
Kasilof River (806,635 combined ABC for Tier 1 stocks). As described in
section 5 of the final 2024 SAFE report, for the data-poor Tier 3
aggregate other sockeye salmon stock complex, the SSC recommended a
higher buffer to account for the greater scientific uncertainty and
significant data gaps for this stock complex, and ultimately
recommended an ABC of 177,493 sockeye salmon. Thus, even prior to NMFS
considering management uncertainty in setting a TAC for sockeye salmon,
the sum of the 2024 SSC-recommended ABCs for sockeye salmon in the Cook
Inlet EEZ Area (984,128 sockeye salmon) is considerably lower than the
TAC recommended by the commenter (1.7 million sockeye salmon).
TAC is reduced from ABC to account for management uncertainty,
which includes ``[l]ate catch reporting; misreporting; underreporting
of catches; lack of sufficient inseason management, including inseason
closure authority; or other factors.'' (50 CFR 600.310(f)(1)(v); see
also 50 CFR 600.310(g)(4)). NMFS set the combined sockeye salmon TAC
[[Page 51451]]
below the SSC's recommended ABCs to account for management uncertainty
for this new fishery and to prevent catch in the EEZ from exceeding the
annual catch limit, consistent with the Magnuson-Stevens Act and
National Standard 1 guidelines (see 50 CFR 600.310(g)(4), providing
that TACs should account ``for management uncertainty in controlling
the catch at or below the [annual catch limit],'' which is equal to ABC
for this fishery). In particular, NMFS considered the uncertainty
associated with the efficacy and timeliness of catch reporting in a new
fishery and the uncertainty associated with managing a mixed stock
fishery in which certain weak stocks are at risk of missing their
spawning escapement goals. At present, weak stocks' relative
contribution to total EEZ harvest remains an estimate. The management
uncertainty associated with the achievement of escapement targets for
weak stocks is a separate consideration from the scientific uncertainty
that was explicitly addressed in the SSC-recommended buffers that
reduced the ABC from the OFL (i.e., uncertainty of total run size
estimate and uncertainty of ADF&G harvests).
For the Tier 3 aggregate other sockeye salmon stock complex, NMFS
considered the management uncertainty associated with the achievement
of the escapement goals for the indicator stocks in the stock complex.
For that stock complex, NMFS determined that a 50 percent buffer of the
ABC would result in harvests of the stock complex that approximate
those estimated to have occurred during recent years (e.g., compared
with recent 5-year and 10-year averages) and, as such, that this level
of harvest would generally also allow the achievement of spawning
escapements to the indicator systems of the stock complex. However, as
some indicator systems for this stock have not always achieved their
spawning escapement targets during recent years, NMFS was justified in
a applying a buffer that did not result in a large increase in the
amount of harvest for this stock in the EEZ, especially during the
first year of the fishery. Due to the mixed-stock nature of the Cook
Inlet EEZ Area fishery, the 50 percent buffer was applied to all stocks
of sockeye salmon because the fleet cannot target any of the stocks in
isolation, and NMFS must manage to ensure no harm is done to the stock
complex that is most vulnerable to missing its escapement goals. NMFS
cannot differentiate among stocks of the same species inseason, and
NMFS is relying on estimates of relative sockeye stock contributions to
total harvest in setting a combined TAC. NMFS must therefore account
for considerable management uncertainty, justifying a 50 percent buffer
to ensure no stock exceeds its ACL (equal to ABC). The combined TAC of
492,100 sockeye salmon is somewhat higher than recent levels of sockeye
harvest in the EEZ (recent 10-year average estimated EEZ harvest of
approximately 397,393 sockeye salmon).
Fishing in the Cook Inlet EEZ Area targets mixed stocks of salmon
that have varying levels of abundance and surplus yield. Conservation
measures to prevent overfishing on salmon stocks that are less abundant
and/or for which there is less available information to assess run
strength are a primary driver of foregone yield to the more abundant
stocks. Allowing a higher TAC to harvest surplus yield for more
abundant stocks in the EEZ would create a significant risk of not
meeting escapement goals for less abundant stocks and reduce or
eliminate the harvestable surplus of these stocks available to all
other salmon users. The 2024 TACs are appropriate for a new Cook Inlet
EEZ Area fishery and will prevent harvest from exceeding the ABC, as
required by the Magnuson-Stevens Act and National Standard guidelines
(50 CFR 600.310(f)(1), (2), (3)).
The Magnuson-Stevens Act has no prohibition against foregone
harvest, explicitly mandates that NMFS prevent overfishing, and states
that foregone harvest is necessary when additional harvest of an
abundant stock would also result in harvest of species for which there
is a conservation concern. Therefore, in determining harvest limits for
a mixed stock fishery, NMFS cannot look at the more abundant stocks in
isolation. Crucially, the commercial drift gillnet fleet has no means
of targeting only one specific stock of salmon while fishing, so
harvest limits must account for the assumed contribution of each stock
to total harvest. Additionally, harvest limits are appropriately
limited to EEZ waters (where NMFS has management authority) and defined
so as to identify the amount of cumulative harvest of all co-occurring
EEZ stocks that both provides harvest opportunity to the greatest
extent practicable while preventing overfishing (supported by the best
available scientific information). This is consistent with NMFS's
approach to salmon management on the West Coast where ``weak stock''
management is required to avoid exceeding limits for the stocks with
the most constraining limits.
In addition, Federal regulations for setting salmon TACs provide
that the Council and NMFS should consider (1) the biological condition
of salmon stocks and (2) social and economic considerations (50 CFR
679.118(a)(2)). For these harvest specifications, NMFS fully evaluated
the biological condition of salmon stocks and social and economic
considerations in specifying TACs. This information is extensively
described in Section 2.5.2.2 of the Analysis, with additional relevant
biological information on each stock provided in the Stock Status
Summaries section of the 2024 SAFE report (Tier determination and
resulting OFL and ABC determination for 2024) and the sources NMFS
references within the SAFE Report.
Each year when setting harvest specifications, NMFS will evaluate
the potential harvest available in the Cook Inlet EEZ Area and will
work to provide harvest opportunities to the extent possible, subject
to the constraints of scientific and management uncertainty. As the
information available to NMFS to manage salmon fishing in the Cook
Inlet EEZ Area improves through implementation of this new Federal
fishery management regime, it is possible that harvest levels could
increase in the future.
At this time there is not available information for NMFS to manage
specific sockeye salmon stocks inseason and therefore NMFS will manage
all sockeye salmon stocks inseason with a single TAC that includes
harvests from the Kasilof, Kenai, and aggregate other sockeye salmon
stocks. NMFS sets the combined sockeye salmon TAC after considering the
best scientific information available on the relative contribution of
each stock to the total catch. While there are currently no State of
Alaska stocks of concern for sockeye salmon in Upper Cook Inlet, there
are significant data gaps. For example, the lack of timely escapement
data for the smaller spawning systems that make up the aggregate other
sockeye salmon stocks--for which there is significant harvest--
necessitates a precautionary approach to managing the fishery given the
management and data limitations described above. These considerations
are described throughout sections 2.5 and 3.1 of the Analysis.
Preventing overfishing on all stocks within the fishery is consistent
with NMFS's mandate under the Magnuson-Stevens Act and National
Standard 1.
Comment 3: The TAC for the aggregate other sockeye salmon stock
complex may have a larger impact on the weaker sockeye stocks and is
not conservative enough.
[[Page 51452]]
Response: NMFS set a combined TAC for all sockeye salmon in the
Cook Inlet EEZ Area, including for the stock complex it refers to in
the harvest specifications as ``aggregate other sockeye salmon.'' Drift
gillnet fishing in the Cook Inlet EEZ Area harvests multiple sockeye
salmon stocks originating from systems throughout Cook Inlet. There is
no information currently available for NMFS managers to utilize to
determine genetic stock composition during the fishing season (i.e.,
how many sockeye from each system are caught each day). Therefore, NMFS
must manage using a combined sockeye salmon stock TAC as a conservation
measure to prevent overfishing on less abundant co-occurring salmon
stocks. However, NMFS did use the historical genetic catch composition
data that is available post-season to set TACs that avoid exceeding the
SSC's recommendation for each component stock. Given this information,
NMFS does not expect that the ABC for ``aggregate other sockeye
salmon'' (which includes the weakest sockeye salmon stocks in Cook
Inlet) will be exceeded if the combined sockeye salmon TAC is fully
harvested. The TAC amount includes an additional reduction between ABC
and TAC to account for management uncertainty (see the response to
comment 2 for more detail).
Comment 4: The proposed TAC of 25,000 coho salmon is appropriate
based on the available, although extremely limited, information.
Response: NMFS agrees. Compared to other stocks, the 2024 SAFE
report supports, and the SSC recommended, a relatively conservative
buffer for aggregate coho salmon during 2024 due to the lack of
information necessary to estimate total run size and associated status
determination criteria for the aggregate coho stock complex, and
genetic evidence showing that significant proportions of the coho
salmon harvested by the drift gillnet fleet are likely bound for
Northern Cook Inlet drainages where indicator stocks have not
consistently achieved spawning escapement goals during recent years.
Therefore, in order to help ensure that spawning escapement goals are
achieved, and allow for at least some harvestable surplus for other
users, NMFS selected a sufficiently conservative coho salmon TAC.
In addition, the 2024 SAFE report also considered potential
concerns about the salmon prey available to endangered Cook Inlet
beluga whales. This endangered species occupies Northern Cook Inlet,
including the far reaches of the Inlet when coho salmon runs are
present.
Comment 5: NMFS should reduce the TAC amounts in the 2024 harvest
specifications based on recommendations from the Council's AP, the full
Council, and public comment.
Response: NMFS acknowledges the support for the TAC amounts based
on the OFLs and ABCs recommended by the SSC and the TACs recommended by
the AP. However, the Council ultimately did not recommend any harvest
specifications. NMFS did consider all feedback received at the February
2024 Council meeting when establishing these harvest specifications.
Comment 6: NMFS violates the National Environmental Policy Act
(NEPA) by failing to consider alternatives other than its chosen TAC.
Response: NMFS disagrees. The Analysis analyzed the harvest
specifications process and expected outcomes, including the likely TAC
amounts which were expected to be near existing harvest levels, as well
as alternatives to these TACs. These harvest specifications are
consistent with that analysis. TACs are the result of a scientifically
driven process following the National Standard 1 guidelines for
determining OFL and ABC. TACs are then set below the OFL and ABC to
ensure that the ABC and ACL are not exceeded after accounting for
management uncertainty, as well as other social, economic, and
ecological factors (50 CFR 600.310(g)(4), 679.118(a)(2)). Prior to
selecting TAC amounts for each Cook Inlet salmon stock or stock
complex, NMFS considered values between zero and ABC, as well as the
specific proposal provided by the Council's AP at the February 2024
Council meeting.
NMFS also considered alternative methods to establish the SDC in
the Analysis, which are the measurable and objective factors (e.g.,
maximum fishing mortality threshold, OFL, and minimum stock size
threshold) that NMFS uses to determine if overfishing has occurred, or
if the stock or stock complex is overfished. The harvest specifications
implement the preferred alternative from the Analysis (see section 2.5:
Alternative 3, Federal management). Further, NMFS followed the harvest
specifications process analyzed as an alternative in the Analysis by
providing a draft SAFE report to the SSC for their consideration in
establishing the SDC. The SSC recommended ABCs for each stock or stock
complex and, after the Council failed to take action in recommending
TACs, NMFS proposed TACs in consideration of public testimony and based
on the tier system described in both the Analysis (section 2.5.2.2) and
the final 2024 SAFE report. NMFS is publishing these final harvest
specifications after consideration of public comment and consistent
with the process established under amendment 16 and implementing
regulation (50 CFR 679.118(a)(b)). The responses to comments 2, 11, and
12 include discussion of the tier system used to establish TACs in
further detail.
Comment 7: The TAC is much lower than the usual harvest in the Cook
Inlet EEZ Area and will make the fishery economically unviable. The
projected TAC is so low that it could be caught in just a few openers.
Response: NMFS disagrees that the TAC amounts in these harvest
specifications are much lower than the usual harvest in the Cook Inlet
EEZ Area and will make fishing economically inviable. The salmon TACs
NMFS approves in these harvest specifications are commensurate with, if
not slightly higher than, the recent 10-year average of EEZ harvests.
For example, the 10-year average harvest of sockeye salmon in the EEZ
is estimated to be approximately 397,393 fish while the proposed EEZ
TAC of sockeye salmon is 492,100 fish. The appendices in the 2024 SAFE
detail total catch, estimated EEZ catch, and cumulative EEZ catch for
each stock or aggregate stock.
Further, given the ADF&G's current conservation measures for
depressed stocks of Chinook and coho salmon, it is expected that
continued State of Alaska management of commercial fishing in the Cook
Inlet EEZ would have resulted in similar or lower catch amounts in the
EEZ area for this fishing year in order to meet escapement goals and
provide some harvestable surplus to the greatest range of users. Thus,
compared to baseline conditions--i.e., salmon management in the Cook
Inlet EEZ by the State of Alaska--these EEZ harvest limits are not
expected to have adverse economic impacts. Further, NMFS cannot
authorize harvests above these limits without a serious risk that
weaker stocks would miss their escapement goals, possibly resulting in
overfishing, as well as serious economic impacts to other users also
dependent on these salmon stocks after they have moved through the Cook
Inlet EEZ Area.
Comment 8: NMFS is interpreting ``conservative management'' as
solely based on a TAC rather than recognizing the importance of harvest
rates in conjunction with net length, run timing, and the Conservation
Corridor as components of conservative management.
[[Page 51453]]
Response: NMFS disagrees. As described in the response to comments
3 and 7, the TACs were established with conservative buffers accounting
for scientific and management uncertainty in the context of the
management measures implemented by amendment 16 in Federal regulations.
NMFS expects that the TACs implemented in these harvest specifications
are attainable, while also protective of weaker stocks, based on the
best scientific available information (e.g., run timing) and based on
expected effort under the regulations established by amendment 16
(e.g., net size). Other management measures and the rationale for
selecting them is described in the final rule implementing amendment
16, but are outside the scope of this rule.
Comment 9: The harvest specifications violate the Magnuson-Stevens
Act by providing the commercial fishing sector with an insufficient
percentage of total available salmon for harvest in the Cook Inlet EEZ.
Response: NMFS disagrees. The Magnuson-Stevens Act does not require
that NMFS allocate a specific percentage of the harvest to the
commercial fishing sector. Nonetheless, NMFS expects that over 99.9
percent of the salmon harvested in Cook Inlet EEZ Area will be
harvested by the commercial salmon fishery sector, consistent with
historical trends and all applicable Magnuson-Stevens Act requirements.
Further, the TACs will provide fishermen an opportunity to harvest
salmon commensurate with, if not slightly higher than, the recent 10-
year average of EEZ harvests, as explained in the response to comment
7.
Stock Assessment and Fishery Evaluation (SAFE)
Comment 10: NMFS should work with ADF&G to develop indicator stocks
to determine strength in the Susitna River drainages.
Response: NMFS acknowledges that there are information gaps for
management of Cook Inlet salmon stocks, however this rule is based on
the best scientific information currently available, consistent with
the Magnuson-Stevens Act (16 U.S.C. 1851(a)(2)). As with all other
federally-managed fisheries, NMFS will work with stakeholders, other
government agencies, Alaska Native Tribes, and academic institutions to
improve the level of scientific information available to manage this
fishery over time to the extent practicable.
Comment 11: Not adding in the number of fish counted over the upper
escapement goal which entered the river each year into any data formula
for a TAC is an unacceptable oversight.
Response: The comment does not describe or recommend a formula by
which escapements beyond the upper bound of the escapement goal should
be considered in setting a TAC, whether such a count should be used to
re-evaluate a TAC inseason, or whether the commenter wishes for such a
count to be applied to TAC setting in future years. As described in the
final 2024 SAFE report, for Tier 1 stocks, the SAFE report does
consider the total run size, including harvests and escapement, of each
salmon stock in determining the OFL and the SSC's recommended ABC,
which formed the basis of TAC in the proposed harvest specifications.
In setting harvest limits for the Cook Inlet EEZ Area, NMFS considers
escapement in prior years in the stock assessment, which informs the
SAFE's forecast of total run size for the current fishing year, and the
expected impact of each salmon fishery. This addresses the expected
impact of escapement values, including those in excess of escapement
goals, on future run sizes, as well the impact of management on fishery
harvests of each salmon stock. While this approach does indicate that
some stocks may be able to support additional harvest, NMFS must also
consider the uncertainty associated with all of this information and
account for weaker stocks that would also be harvested concurrently.
Data on total returns, harvest, and escapement for the 2024 fishing
season will be considered in the 2025 harvest specifications to improve
management and utilization, subject to the constraints of uncertainty
as well as ensuring a harvestable surplus for other salmon users.
For Tier 2 stocks the SAFE report identifies these as salmon stocks
that would be managed as a stock complex, where specific tributaries or
drainages serve as indicator stocks to estimate stock-specific harvest
levels. However, the SAFE report did not recommend any stock or stock
complex be designated as Tier 2, because there may be many tributaries
for which spawning escapements are not assessed or are assessed with
methods for which the total numbers of spawners cannot be estimated
with high precision. Tier 2 may be used in future years as the Federal
fishery develops and management is able to improve with additional
years of data.
There are currently no reliable estimates of total number of
spawners or total run size for the entire stocks and stock complexes in
Tier 3; therefore, historical harvest data were used in determining the
OFLs for Tier 3 stocks and stock complexes as described in the final
2024 SAFE report and Salmon FMP. The ABC for Tier 3 was reduced from
the OFL by a scientifically-informed buffer, which is conservative due
to the lack of reliable information for Tier 3 stocks. The buffers are
discussed further in response to comment 2. The methodology of using
historical harvest for data-limited stocks is consistent with the
calculation of OFL for data-limited stocks managed under other FMPs
(e.g., the FMPs for groundfish), as is the use of conservative buffers
(e.g., up to 75% reduction from OFL in setting ABC) for the calculation
of ABC (e.g., crab species managed under the FMP for Bering Sea/
Aleutian Islands King and Tanner Crabs).
Comment 12: We urge NMFS to use the mid-range of escapement goals
instead of the low-end and consider trends in weak stocks when setting
their TAC.
Response: For Tier 1 stocks, NMFS had originally recommended using
the lower bound of the escapement goal to calculate SDC and associated
harvest specifications to the SSC at the February 2024 Council meeting.
Under section 302(h)(B) of the Magnuson-Stevens Act, the SSC provides
recommendations for ABC and OFL that prevent overfishing. The SSC
reviewed all available information and instead recommended that SDC and
harvest specifications for the 2024 fishing season be based on the
number of spawners necessary to achieve maximum sustainable yield
(S<INF>MSY</INF>). Using S<INF>MSY</INF> resulted in a lower (more
conservative) ABC for Tier 1 stocks than if the lower bound of the
escapement goals were used. NMFS then set the TACs below the ABCs
recommended by the SSC.
For Tier 2 stocks that are managed as a stock complex, escapement
is an index of spawners that may represent an unknown portion of the
overall escapement. However, the SAFE report did not recommend any
stock or stock complex be designated as Tier 2 (see response to comment
11). For Tier 3 stocks, escapement data is poor and NMFS currently
cannot produce reliable estimates of abundance and instead relies of
historical harvest rates when recommending the OFL. ABCs for Tier 3
stocks are reduced from OFL based on an appropriate buffer that
accounts for scientific uncertainty. NMFS then set the TACs for Tier 3
stocks below the ABCs recommended by the SSC.
Escapement
Comment 13: The proposed TACs will continue the trend of gross
over-escapements resulting in fewer fish returning in subsequent years,
reduced
[[Page 51454]]
future returns, wasted foregone yield that is a National food source, a
waste of interstate commerce, and an economic disaster for fisherman
and the communities.
Response: NMFS disagrees that escapements that exceed the current
goals are certain or will necessarily lead to negative impacts on the
ecosystem. The majority of Cook Inlet salmon harvests occur within
State of Alaska waters and management. In establishing harvest
specifications, NMFS considers the scientific and management
uncertainty present, and the risk that the number of returning salmon
will be lower than forecasted. Because salmon fishing in the Cook Inlet
EEZ Area harvests target salmon runs before all other users in Cook
Inlet, it is essential to ensure that enough salmon of all stocks can
pass through the Cook Inlet EEZ Area to meet escapement goals, while
also accounting for all subsequent mortality. Any salmon surplus to
escapement goals may still be harvested in State of Alaska waters after
moving through the Cook Inlet EEZ Area. Moreover, NMFS disagrees that
escapement in excess of current goals will necessarily negatively
impact future salmon abundance.
In appendix 14 of the Analysis, the Kenai and Kasilof sections of
the 2024 SAFE report, and responses to comments in the amendment 16
final rule address the topic of whether sockeye salmon spawning
escapements above the upper bound of the escapement goal (i.e., ``over-
escapements'') result in fewer returning adult fish in subsequent years
(i.e., density dependent effects, otherwise known as overcompensation).
Sockeye salmon spawning escapements above the upper bound of the
spawning escapement goals were included in spawner-recruitment analyses
in the Analysis and the SAFE. These larger spawning escapements have
generally resulted in substantial yields of adult sockeye salmon in
future years, and, therefore, do not suggest that ``over-escapement''
has resulted in density dependent effects. NMFS will continue to
monitor spawner-recruitment trends and will adjust its status
determination criteria and harvest specifications recommendations to
the SSC if density dependent effects become evident.
National Standards
Comment 14: The proposed harvest specifications do not meet
National Standard 1 requirements to manage the fishery based on maximum
sustainable yield (MSY) or that optimum yield (OY) will be achieved on
a continuous basis.
Response: NMFS disagrees. National Standard 1 states that
conservation and management measures shall prevent overfishing while
achieving, on a continuing basis, the OY from each fishery for the
United States fishing industry. Under the National Standard 1
guidelines, OY is prescribed on the basis of MSY. NMFS defined both OY
and MSY under amendment 16; neither are annual management targets and
both definitions are outside the scope of these harvest specifications.
However, these harvest specifications are consistent with National
Standard 1 because they will prevent overfishing while remaining
consistent with NMFS's obligation to achieve OY on a continuing basis
over the long term. NMFS established these harvest specifications to
prevent overfishing while considering all salmon stocks harvested, the
limitations of weak stock management, scientific uncertainty,
management uncertainty, and harvest in other salmon fisheries, as well
as social, economic, and other ecological factors.
While the SSC's harvest level recommendations account for
scientific uncertainty, they do not account for management uncertainty.
NMFS must account for an additional layer of management uncertainty
through a reduction in harvest between ABC and TAC, as required by
National Standard 1 (50 CFR 600.310(f)(1)(v), (g)(4)). As a result of
this combination of factors, NMFS appropriately set TAC amounts for
each species.
Further, the summed TAC amounts across all species fall within the
OY range established by amendment 16 and can be achieved by the
management measures implemented by amendment 16. This action does not
modify OY. To the extent this comment is asserting that MSY and OY are
improperly established, that is outside of the scope of this action and
is addressed in the amendment 16 final rule.
Comment 15: The harvest specifications do not comply with the
decisions of the U.S. Court of Appeals for the Ninth Circuit and the
U.S. District Court for the District of Alaska, the 10 National
Standards of the Magnuson-Stevens Act, or other applicable laws.
Response: NMFS disagrees. NMFS developed amendment 16 to comply
with the decisions of the Ninth Circuit Court of Appeals and the U.S.
District Court for the District of Alaska, the Magnuson-Stevens Act,
and other applicable Federal law. NMFS considered all Magnuson-Stevens
Act requirements for FMPs and balanced the competing demands of the
National Standards in section 301(a) of the Magnuson-Stevens Act when
developing amendment 16. NMFS found amendment 16 to be consistent with
all 10 National Standards, as detailed in section 5.1 of the Analysis
and further addressed in responses to comments on the amendment 16
final rule under the National Standard headings.
The harvest specifications are required to implement amendment 16
and allow a fishery to open. NMFS cannot open a fishery without harvest
specifications. NMFS has determined that the harvest specifications
comply with the National Standards. These harvest specifications result
in harvest limits that fall within the OY range established for the
Cook Inlet EEZ Area, can be achieved, and are expected to prevent
overfishing on all stocks. The response to comment 14 provides
additional detail on consistency with National Standard 1.
Consistent with National Standard 2 and as described in section 1
of the 2024 SAFE, the data, estimates, and analyses used to conduct
stock assessment analyses are based upon the best scientific
information available, including a rigorous scientific stock assessment
and review process. Furthermore, tier selection for all stocks, methods
used to determine harvest specifications, MSY, OFL, and ABC were
reviewed by the SSC and incorporated their recommendations on fishing
levels. The response to comment 18 provides additional discussion of
the scientific basis of these harvest specifications.
Consistent with National Standard 3, this action manages all salmon
fishing in the Cook Inlet EEZ Area under NMFS's jurisdiction, while
considering all other fishing and management, to ensure that no stocks
are subject to overfishing or are overfished, and to achieve OY.
Consistent with National Standard 4, these harvest specifications
do not discriminate between residents of different states. The
specifications do not allocate or assign any fishing privileges among
fishermen, as only one sector may commercially harvest salmon in the
Cook Inlet EEZ Area. Regardless, these harvest specifications are fair
and equitable to all fishery participants by maintaining historical
harvest proportions and levels, are reasonably calculated to promote
conservation by avoiding overfishing, and ensure that no entity
acquires an excessive share of harvest privileges.
National Standard 5 states that conservation and management
measures shall, where practicable, consider efficiency in the
utilization of fishery
[[Page 51455]]
resources; except that no such measure shall have economic allocation
as its sole purpose. This action allows for efficient and historically-
consistent commercial drift gillnet harvest of nearly all salmon stocks
in the Cook Inlet EEZ Area, subject to the constraints of scientific/
management uncertainty, weak stock management, allowing for escapement
needs, and allowing for a harvestable surplus for other users.
Consistent with National Standard 6, these harvest specifications
account for and allow for variations among, and contingencies in,
fisheries, fishery resources, and catches and--as required by the
National Standard 6 guidelines--provide ``a suitable buffer in favor of
conservation'' in light of significant scientific and management
uncertainties (see 50 CFR 600.335(c)).
These harvest specifications impose no costs and are not
duplicative of any other management measures and are therefore
consistent with National Standard 7.
Consistent with National Standard 8, these harvest specifications
maintain historical access to the resource for all fishing communities
in Cook Inlet, consistent with current conservation conditions. This
includes maintaining conditions for fishing communities dependent on
salmon fishing in the Cook Inlet EEZ Area as well as salmon fishing
within State of Alaska waters.
Consistent with National Standard 9, this action minimizes bycatch
and bycatch mortality by establishing salmon TACs that can be achieved
without additional or different fishing effort that would increase
bycatch.
Consistent with National Standard 10, this action promotes safety
by establishing TACs that can be achieved during the summer period of
relatively good weather.
Comment 16: The Ninth Circuit Court said to not use ADF&G's data to
determine a TAC as it has parochial concerns. All of the years used for
data to set the TACs were negatively affected by political management
and should not legally be used for science.
Response: NMFS is not relying on ADF&G's data to determine TACs for
any salmon stocks in the Cook Inlet EEZ Area, but rather is making
determinations based on the best scientific data available as described
in the SAFE report and the Analysis (see response to comment 15). The
SAFE report generally uses catch and escapement data from 1999 to 2023
because the data from these years are representative of the current
biological and environmental conditions affecting salmon productivity.
Also, the data from these years are representative of how the salmon
fisheries throughout Cook Inlet have developed and changed over time.
This is also the period for which high quality and comparable data for
all Cook Inlet salmon fisheries was available. The Analysis considers
harvest and management data back to 1966. This is consistent with the
SAFE report and harvest specification approach for all other federally-
managed fisheries in the Alaska Region, which have changed over time in
response to biological, environmental, social, and economic factors. In
addition, the catch and escapement data used in the SAFE report and
Analysis were peer reviewed and approved by the SSC, which agreed that
the data constitutes the best scientific information available.
Ultimately, data on past catch and escapement represents facts about
the catch and escapement that occurred during those years. No political
decisions are relevant to the reliability of data regarding total run
sizes or escapement or other indices of abundance during the selected
time series. Finally, the commenter identified no other sources of data
that NMFS could have used.
Comment 17: This rule as presented simply adds to the long-term
negative impact on the health of the Alaska Native communities around
Cook Inlet.
Response: NMFS acknowledges the importance of salmon to Alaska
Native communities and citizens in the Cook Inlet, and when there are
declines in salmon abundance, it results in adverse impacts to Alaska
Native communities and citizens. As described in the response to
comment 7, these harvest specifications are expected to maintain salmon
harvests in the Cook Inlet EEZ Area near recent historical levels. They
are also expected to maintain existing salmon harvest opportunities in
State of Alaska waters throughout Cook Inlet. To the extent this
comment is referring to the impacts of amendment 16, these are
addressed under the Tribal Summary Impact Statement and Tribal Comments
headings of the amendment 16 final rule. For discussion of the
potential economic impacts on communities from this action, see
sections 4.7.1.3 to 4.7.1.4 and section 4.6.4 of the Analysis.
Comment 18: NMFS proposes that it applies the best scientific
information available, the unfortunate fact is that there is very
limited science available. ADF&G tracks what is caught in Cook Inlet,
but there has been no effort to track what is caught specifically in
Federal EEZ waters, or when, or how many vessels and permits have been
applied to the catch effort. The proposed harvest specifications are
not based on the best scientific information or in fact any scientific
information or data.
Response: NMFS used the best scientific information available to
inform estimates of previous harvests within the Cook Inlet EEZ Area,
which includes comprehensive fish ticket data including locale codes.
It is always possible to develop better information, but NMFS must make
management decisions based on the best scientific information available
rather than the best scientific information possible. The National
Standard 2 guideline instructs NMFS to account for the risks associated
with scientific uncertainty and data gaps--which it did here--and
acknowledges simpler methodologies or greater proxies may be needed for
data-poor fisheries (50 CFR 600.315(a)(2)-(3)). Previously, data
regarding harvests, landings, and statistical areas in Upper Cook Inlet
were not required to and did not differentiate between State of Alaska
and Federal waters. Therefore, NMFS had to develop a methodology to
estimate historical salmon harvest in the Cook Inlet EEZ Area. The
methodology used to develop harvest estimates for the Cook Inlet EEZ
Area is presented in section 4.5.1.2.3 of the Analysis, along with a
description of the associated uncertainties. This method and the
results were peer reviewed and approved by the SSC, which agreed that
the Analysis and harvest specification process rely on the best
scientific information available. NMFS received no comments providing
additional data to estimate EEZ harvest and no suggested alternate
methodologies. NMFS cannot arbitrarily increase the attribution of
historical harvest to the EEZ in the absence of any supporting data.
Therefore, NMFS determined that the estimates presented in the Analysis
constitute the best scientific information available. See the response
to comment 15 for additional discussion on National Standard 2.
The 2024 SAFE report describes the State of Alaska's stock
definitions, including the data, estimates, and analyses used to
conduct stock assessments are: (1) accurate, thorough, and complete
(including documenting when escapement estimates were partial or
missing due to various circumstances); and (2) based upon the best
scientific information available, including a rigorous scientific stock
assessment and review process. The 2024 SAFE report also describes
that, given the stock assessment results, the resulting escapement
targets represent ranges that are likely to result in sustainable
returns for all stocks, and maximum yield (at the stock level) for
[[Page 51456]]
those stocks with available spawner-recruitment information. The
equations used to propose SDC and harvest specifications for the 2024
SAFE report include escapement targets and--for Tier 1 stocks--
associated point estimates of the number of spawners likely to result
in the MSY. These equations are consistent with National Standard 1 and
2 guidelines. The Federal stock definitions in the 2024 SAFE report are
based on several considerations, including: (1) the availability and
specificity of preseason forecasts; (2) the practical limitations,
including current genetics limitations, of monitoring and accounting
for the harvest of specific stocks of the same species in a mixed-stock
fishery; (3) the relative quality of the historical harvest records
estimated to have occurred in the Cook Inlet EEZ Area during previous
years; and (4) other considerations. Data collected by NMFS during the
2024 and future fishing years are expected to improve the scientific
information available for management of Cook Inlet salmon stocks. NMFS
will collect the landings information needed to directly and precisely
determine EEZ harvests. NMFS will review the information available to
manage Cook Inlet salmon stocks each year, including any data gaps and
uncertainties. As data are collected on harvest that occurs solely
within the Cook Inlet EEZ Area, NMFS will include that information in
its ongoing assessment of what constitutes best available science for
future management decisions.
Comment 19: In its 2024 SAFE report, NMFS fails to mention OY even
once, demonstrating that the chosen OY metric is not even
scientifically significant when discussing yield and harvest
specifications. Rather than discussing the chosen metric of OY, NMFS
uses the term ``potential yield,'' which appears closer to an actual
Magnuson-Stevens Act compliant definition of optimum yield for the
``fishery.'' NMFS's SAFE also clearly demonstrates the wasted yield
that could be potential yield in the EEZ. The SAFE appendix A1.1 shows
the potential yield--after escapement, State of Alaska waters catch,
and EEZ catch--in the EEZ for the last two decades.
Response: This action does not modify OY. To the extent this
comment is asserting that MSY and OY are improperly established, that
is outside of the scope of this action and addressed in the amendment
16 final rule.
OY is not an annual management target that is addressed in a SAFE
report, but rather is a long-term objective (50 CFR 600.310(e)(3)(ii)).
Consistent with SAFE reports for all other federally-managed fish and
shellfish stocks in the North Pacific, there is limited or no
discussion of OY in the Cook Inlet salmon SAFE report. SAFE reports
summarize the best scientific information available concerning the
past, present, and possible future condition of the stocks, marine
ecosystems, and fisheries that are managed under Federal regulation. It
provides information to the Council and NMFS for recommending and
implementing, respectively, annual harvest levels from each stock,
documenting significant trends or changes in the resource, marine
ecosystems, and fishery over time, and assessing the relative success
of existing State of Alaska and Federal fishery management programs. A
SAFE report can provide important information to NMFS or a Council in
determining whether the management regime can achieve OY as defined in
an FMP, or whether changes to management measures or the OY may be
warranted, consistent with the National Standard 1 guidelines. Under
the Magnuson-Stevens Act and based on the best available scientific
information, NMFS and the Council can revise as appropriate an OY, but
such changes are outside the scope of these harvest specifications.
For 2024, the sum of the final TAC amounts across all species,
under these final harvest specifications, fall within the OY range
established by amendment 16, and can be achieved by the management
measures implemented by amendment 16. However, as stated above, OY
remains a long-term objective, but is not an annual requirement (50 CFR
600.310(e)(3)(ii)).
Changes From Proposed to Final Rule
NMFS undertook a thorough review of the relevant comments received
during the public comment period. However, for reasons described in the
preceding section, NMFS made no changes to the proposed rule.
Classification
NMFS is issuing this final rule pursuant to section 305(d) of the
Magnuson-Stevens Act. The NMFS Assistant Administrator has determined
that this final rule is consistent with the Magnuson-Stevens Act, the
Salmon FMP, and other applicable laws.
This action is exempt from review under Executive Order 12866
because it only implements annual catch limits for the Cook Inlet EEZ
Area salmon fishery.
NMFS prepared an EA for amendment 16 to the Salmon FMP, which
included analysis of the Cook Inlet EEZ Area salmon harvest
specifications process and expected harvest levels (see ADDRESSES) and
made it available to the public (see the amendment 16 final rule at 89
FR 34718, April 30, 2024; see also the proposed rule at 88 FR 72314,
October 19, 2023). The final EA analyzes the environmental, social, and
economic consequences of the amendment 16, including the salmon harvest
specifications, on resources in the action area. In the final rule
implementing amendment 16, NMFS considered and addressed the public
comments received during the comment period for the amendment 16
proposed rule, as is consistent with the Magnuson-Stevens Act, the
Salmon FMP, and other applicable law, and a final EA and finding of no
significant impact, as is consistent with the National Environmental
Policy Act and implementing regulations, prior to the publication of
the final harvest specifications.
Directed Fishing Closures and Inseason Adjustments
In accordance with 50 CFR 679.118(c)(1)(i), NMFS will prohibit
fishing for salmon in the Cook Inlet EEZ Area if NMFS determines that
any salmon TAC has been or may be reached for any salmon species or
stock. NMFS may also make adjustments to a TAC for any salmon species
or stock, or open or close a season, in the Cook Inlet EEZ Area, if
necessary to prevent underharvest of a TAC or to prevent overfishing,
consistent with Sec. 679.25. Changes to the salmon fisheries in the
Cook Inlet EEZ Area will be posted at the following website under the
Alaska filter for Management Areas: <a href="https://www.fisheries.noaa.gov/rules-and-announcements/bulletins">https://www.fisheries.noaa.gov/rules-and-announcements/bulletins</a>.
Final Regulatory Flexibility Analysis
A final regulatory flexibility analysis (FRFA) was prepared for
this action. Section 604 of the Regulatory Flexibility Act (RFA) (5
U.S.C. 604) requires that, when an agency promulgates a final rule
under 5 U.S.C. 553, after being required by that section or any other
law, to publish a general notice of proposed rulemaking, the agency
shall prepare a FRFA. The following constitutes the FRFA prepared for
these final 2024 harvest specifications.
Section 604 of the RFA describes the required contents of a FRFA:
(1) a statement of the need for, and objectives of, the rule; (2) a
statement of the significant issues raised by the public comments in
response to the initial regulatory flexibility analysis, a statement of
the assessment of the agency of such issues, and a statement of any
changes made in the proposed
[[Page 51457]]
rule as a result of such comments; (3) the response of the agency to
any comments filed by the Chief Counsel for Advocacy of the Small
Business Administration in response to the proposed rule, and a
detailed statement of any change made to the proposed rule in the final
rule as a result of the comments; (4) a description of and an estimate
of the number of small entities to which the rule will apply or an
explanation of why no such estimate is available; (5) a description of
the projected reporting, recordkeeping, and other compliance
requirements of the rule, including an estimate of the classes of small
entities which will be subject to the requirement and the type of
professional skills necessary for preparation of the report or record;
and (6) a description of the steps the agency has taken to minimize the
significant economic impact on small entities consistent with the
stated objectives of applicable statutes, including a statement of the
factual, policy, and legal reasons for selecting the alternative
adopted in the final rule and why each one of the other significant
alternatives to the rule considered by the agency that affect the
impact on small entities was rejected.
A description of this action, its purpose, and its legal basis are
included at the beginning of the preamble in the Background section to
this final rule and are not repeated here.
NMFS published the proposed rule on April 12, 2024 (89 FR 25857).
NMFS prepared an Initial Regulatory Flexibility Analysis (IRFA) to
accompany the proposed action, and included the IRFA in the proposed
rule. The comment period closed on May 13, 2024. No comments were
received on the IRFA or on the economic impacts of the rule on a
general level.
The Chief Counsel for Advocacy of the Small Business Administration
did not file any comments on the proposed rule.
For RFA purposes only, NMFS has established a small business size
standard for businesses, including their affiliates, whose primary
industry is commercial fishing (see 50 CFR 200.2). A business primarily
engaged in commercial fishing (North American Industry Classification
System (NAICS) code 11411) is classified as a small business if it is
independently owned and operated, is not dominant in its field of
operation (including its affiliates) and has combined annual gross
receipts not in excess of 11 million dollars for all its affiliated
operations worldwide. In addition, the Small Business Administration
has established a small business size standard applicable to charter
fishing vessels (NAICS code 713990) of 9 million dollars.
This final rule directly regulates commercial salmon fishing
vessels that operate in the Cook Inlet EEZ Area, and charter guides and
charter businesses fishing for salmon in the Cook Inlet EEZ Area.
Because NMFS expects the State of Alaska to maintain current
requirements for commercial salmon fishing vessels landing any salmon
in upper Cook Inlet to hold a CFEC S03H permit, NMFS does not expect
participation from non-S03H permit holders in the federally-managed
salmon fishery in the Cook Inlet EEZ Area. Therefore, the number of
S03H permit holders represents the maximum number of directly regulated
entities for the commercial salmon fishery in the Cook Inlet EEZ Area.
From 2018 to 2022, there was an average of 567 S03H permits in
circulation, with an average of 325 active permit holders, all of which
are considered small entities based on the 11 million dollar threshold.
The evaluation of the number of directly regulated small entities and
their revenue was conducted via custom query by staff of the Alaska
Fish Information Network utilizing both ADF&G and Fish Ticket revenue
data and the CFEC permits database. Similarly, the Analysis prepared
for amendment 16 provides the most recent tabulation of commercial
charter vessels that could potentially fish for salmon within the Cook
Inlet EEZ Area (see ADDRESSES).
The commercial fishing entities directly regulated by the salmon
harvest specifications are the entities operating vessels with Salmon
Federal fisheries permits (SFFPs) catching salmon in Federal waters.
For purposes of this analysis, NMFS assumes that the number of small
entities with SFFPs that are directly regulated by the salmon harvest
specifications is the average number of S03H permits in circulation
(i.e., 567 permits). This may be an overstatement of the number of
directly-regulated small entities since some entities may hold more
than one permit.
The commercial charter fishing entities directly regulated by the
salmon harvest specifications are the entities that hold commercial
charter licenses and that choose to fish for salmon in the Cook Inlet
EEZ Area where these harvest specifications will apply. Salmon charter
operators are required to register with the State of Alaska annually
and the numbers of registered charter operators in the Cook Inlet area
varies. Available data indicates that, from 2015 to present, the total
number of directly regulated charter vessel small entities that have
participated in the Cook Inlet EEZ Area has been as high as 91.
However, from 2019 to 2021, there was an average of 58 charter guides
that fished for salmon at least once in the Cook Inlet EEZ Area. All of
these entities, if they choose to fish in the Cook Inlet EEZ Area, are
directly regulated by this action and all are considered small entities
based on the 9 million dollar threshold.
This action does not modify recordkeeping or reporting requirements
or duplicate, overlap, or conflict with any Federal rules.
This proposed rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
The action under consideration is the final 2024 harvest
specifications for the Cook Inlet EEZ Area salmon fishery. The TAC is
set to reduce the risk of overfishing without the benefit of inseason
harvest data but remains commensurate with or slightly above the recent
10-year average estimated EEZ harvest.
This action is necessary to establish harvest limits for Cook Inlet
salmon harvested within the EEZ during the 2024 fishing years and is
taken in accordance with the Salmon FMP pursuant to the Magnuson-
Stevens Act. The establishment of the harvest specifications is
governed by the process for determining harvest levels for salmon in
the Cook Inlet EEZ Area in the FMP. Under this process, harvest
specifications typically will be made annually for specifying the OFL,
ABC, and TAC. This includes identifying the stocks and stock complexes
for which specifications are made. Salmon stocks or stock complexes may
be split or combined for purposes of establishing a new harvest
specification unit if such action is desirable based on the commercial
importance of a stock or stock complex, or if sufficient biological
information is available to manage a stock or stock complex as a single
unit. Those stocks and stock complexes also will be separated into
three tiers based on the level of information available for each stock
and stock complex, and the corresponding tier is used to calculating
OFL and ABC.
For each stock and stock complex, NMFS will establish harvest
specifications prior to the commercial salmon fishing season. To inform
the harvest specifications, NMFS will prepare the annual SAFE report,
based on the best available scientific information at the time it is
prepared, for review by the SSC, AP, and the Council. The SAFE report
will provide information needed for: (1) determining
[[Page 51458]]
annual harvest specifications; (2) documenting significant trends or
changes in the stocks, marine ecosystem, and fisheries over time; and
(3) assessing the performance of existing State of Alaska and Federal
fishery management programs. The SAFE report will provide a summary of
the most recent biological condition of the salmon stocks, including
all reference points, and the social and economic condition of the
fishing and processing industries.
For the 2024 salmon specifications, NMFS prepared the draft SAFE
and consulted with the Council consistent with amendment 16 and the
implementing regulations. The final TACs are based on the SAFE report,
which represents the best scientific information currently available
for the stock and stock complexes identified by NMFS. The SSC reviewed
the stock structure and associated tiers for each stock and stock
complex. In February 2024, NMFS consulted with the Council, but the
Council ultimately did not recommend any harvest specifications.
However, the SSC recommended OFLs and ABCs. NMFS is publishing the
OFLs, ABCs, and TACs as informed by the recommendations of the SSC and
the consultation with the Council. The TACs are therefore consistent
with the process for determining harvest levels for salmon in the Cook
Inlet EEZ Area under amendment 16 and the supporting Analysis.
The OFLs and ABCs are based on recommendations prepared by NMFS in
January 2024 and were reviewed by the Council's SSC in February 2024.
The 2024 OFLs and ABCs are based on the best available science and
revised analyses to calculate stock abundance. The 2024 OFLs, ABCs, and
TACs are consistent with the biological condition of the salmon stocks
as described in the 2024 SAFE report, which is the most recent SAFE
report.
Under this action, the ABCs reflect harvest amounts that are less
than the specified OFLs. The TACs set by NMFS do not exceed the
biological limits (i.e., the ABCs and OFLs) recommended by the SSC. The
TACs are adjusted to account for other social and economic
considerations consistent with Salmon FMP goals for the Cook Inlet EEZ
Area and implementing regulations that annual TAC determinations would
be made based on social and economic considerations, including the need
to promote efficiency in the utilization of fishery resources (e.g.,
minimizing costs; the desire to conserve, protect, and rebuild depleted
salmon stocks; the importance of a salmon fishery to harvesters,
processors, local communities, and other salmon users in Cook Inlet;
and the need to promote utilization of certain species) (see 50 CFR
679.118(a)(2)(ii)). The TACs are less than the ABCs to more
comprehensively address management uncertainty and associated
conservation concerns, as well as social, economic, and ecological
considerations.
This action is economically beneficial to entities operating in the
Cook Inlet EEZ Area salmon fishery, including small entities. The
action adopts TACs for commercially-valuable salmon and salmon stocks
and would allow for the prosecution of the salmon fishery in the Cook
Inlet EEZ Area, thereby creating the opportunity for fishery revenue.
The TACs set by NMFS for each commercially-valuable salmon stock or
stock complex, except for aggregate coho, are higher than the recent
ten-year average catch estimated to have been harvested in the Cook
Inlet EEZ Area, which may help to reduce foregone yield and allow for
additional harvest opportunity. For each salmon species for which NMFS
establishes harvest specifications, NMFS determined the final TACs will
provide harvest opportunities for entities operating in the Cook Inlet
EEZ Area, including small entities. These TACs cannot be set higher
because the biological condition of each species does not support a
higher TAC. For these reasons, there are no alternative TACs that would
reduce impacts to small entities.
In sum, based upon the best scientific information available and in
consideration of the objectives for this final action, it appears that
there are no significant alternatives to this final rule for salmon
harvest specifications that have the potential to comply with
applicable court rulings, accomplish the stated objectives of the
Magnuson-Stevens Act or any other statutes, and minimize any
significant adverse economic impact of the action on small entities
while preventing overfishing. After public process during which the
Council and NMFS solicited input from stakeholders and after
consultation with the Council, NMFS sets TACs that NMFS has determined
would best accomplish the stated objectives articulated in the preamble
for this final rule, and in applicable statutes, and would minimize to
the extent practicable adverse economic impacts on the universe of
directly regulated small entities.
Pursuant to 5 U.S.C. 553(d)(3), the Assistant Administrator for
Fisheries, NOAA, finds good cause to waive the 30-day delay in the date
of effectiveness for this rule because delaying this rule is contrary
to the public interest. The Assistant Administrator for Fisheries finds
that the need to establish final total allowable catch amounts in the
Cook Inlet EEZ Area makes it contrary to the public interest to delay
the effective date of the final harvest specifications for 30 days. If
the final harvest specifications are not effective by the start of the
Cook Inlet EEZ Area salmon fishery as required by 50 CFR 679.118(e),
the Cook Inlet EEZ Area salmon fishery will not be able to operate
under Federal management as required by court order. Immediate
effectiveness of the final 2024 harvest specifications will allow the
Federal fishery to start on June 20, 2024, thus preventing confusion
between management by the State of Alaska and Federal governments. In
addition, immediate effectiveness of this action is required to provide
consistent management and conservation of fishery resources based on
the best available scientific information, and to give the fishing
industry the earliest possible opportunity to plan its fishing
operations. These final harvest specifications, as well as the earlier
proposed harvest specifications, were developed as quickly as possible.
The SSC provided peer review of the SAFE report at the February 2024
Council meeting, the earliest meeting at which that scientific
information was available. Relying on SSC advice, NMFS revised the SAFE
report and drafted proposed harvest specifications, which it published
on April 12, 2024. NMFS then offered a 30-day public comment period on
the proposed harvest specifications, which closed on May 13, 2024.
After the close of the comment period, NMFS developed the final harvest
specifications as quickly as possible, responding to all comments, to
ensure the specifications could be implemented by the June 20, 2024
opening date for the Cook Inlet EEZ Area commercial fishery.
Small Entity Compliance Guide
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule or group of related rules for
which an agency is required to prepare a FRFA, the agency shall publish
one or more guides to assist small entities in complying with the rule,
and shall designate such publications as ``small entity compliance
guides.'' The table contained in this final rule is provided online and
serves as the plain language guide to assist small entities in
complying with this final rule as required by the Small Business
Regulatory Enforcement Fairness Act of
[[Page 51459]]
1996. This final rule's primary purpose is to announce the final 2024
harvest specifications for the salmon fishery of the Cook Inlet EEZ
Area. This action is necessary to establish harvest limits and
associated management measures for salmon during the 2024 fishing year,
and to accomplish the goals and objectives of the Salmon FMP. This
action affects all fishermen who participate in the Cook Inlet salmon
fishery. The specific OFLs, ABCs, and TACs, are provided in table 1 in
this final rule to assist the reader. This final rule also contains
plain language summaries of the underlying relevant regulations
supporting the harvest specifications and the harvest of salmon in the
Cook Inlet area that the reader may find helpful.
Information to assist small entities in complying with this final
rule is provided online. The OFL, ABC, and TAC table is individually
available online at <a href="https://www.fisheries.noaa.gov/alaska/commercial-fishing/cook-inlet-salmon-harvest-specifications">https://www.fisheries.noaa.gov/alaska/commercial-fishing/cook-inlet-salmon-harvest-specifications</a>. Harvest specification
changes are also available from the same online source, which includes
applicable Federal Register notices, information bulletins, and other
supporting materials. NMFS will announce other closures or openings of
directed fishing in the Federal Register and information bulletins
released by the Alaska Region. Affected fishermen should keep
themselves informed of such actions.
Authority: 16 U.S.C. 773 et seq.; 16 U.S.C. 1540(f); 16 U.S.C.
1801 et seq.; 16 U.S.C. 3631 et seq.; Pub. L. 105-277; Pub. L. 106-
31; Pub. L. 106-554; Pub. L. 108-199; Pub. L. 108-447; Pub. L. 109-
241; Pub. L. 109-479.
Dated: June 12, 2024.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2024-13357 Filed 6-17-24; 8:45 am]
BILLING CODE 3510-22-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.