Proposed Rule2025-05764
Fisheries of the Exclusive Economic Zone off Alaska; Cook Inlet; Proposed 2025 Harvest Specifications for Salmon
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Published
April 4, 2025
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS proposes 2025 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 2025 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 90 Issue 64 (Friday, April 4, 2025)</title>
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[Federal Register Volume 90, Number 64 (Friday, April 4, 2025)]
[Proposed Rules]
[Pages 14771-14774]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-05764]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 250331-0057; RTID 0648-XE507]
Fisheries of the Exclusive Economic Zone off Alaska; Cook Inlet;
Proposed 2025 Harvest Specifications for Salmon
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; harvest specifications and request for comments.
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SUMMARY: NMFS proposes 2025 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
2025 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: Comments must be received by May 5, 2025.
ADDRESSES: A plain language summary of this proposed rule is available
at <a href="https://www.regulations.gov/docket/NOAA-NMFS-2025-0017">https://www.regulations.gov/docket/NOAA-NMFS-2025-0017</a>. You may
submit comments on this document, identified by NOAA-NMFS-2025-0017, by
any of the following methods:
<bullet> Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Visit <a href="https://www.regulations.gov">https://www.regulations.gov</a> and type NOAA-NMFS-2025-0017 in the Search box.
Click on the ``Comment'' icon, complete the required fields, and enter
or attach your comments.
<bullet> Mail: Submit written comments to Gretchen Harrington,
Assistant Regional Administrator, Sustainable Fisheries Division,
Alaska Region, NMFS. Mail comments to P.O. Box 21668, Juneau, AK 99802-
1668.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
<a href="https://www.regulations.gov">https://www.regulations.gov</a> without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
Electronic copies of the draft Environmental Assessment for the
Harvest Specifications of the Cook Inlet Salmon Fisheries in the EEZ
Off Alaska (EA); and the draft Finding of No Significant Impact
prepared for this action are available from <a href="https://www.regulations.gov">https://www.regulations.gov</a>. The Environmental Assessment (EA)/Regulatory
Impact Review for amendment 16 (A16 EA/RIR) to the Salmon FMP are
available 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>.
A preliminary version of the Stock Assessment and Fishery Evaluation
(SAFE) was presented at the February 2025 North Pacific Fishery
Management Council (Council) and NMFS incorporated the recommendations
of the Council's Scientific and Statistical Committee (SSC) and posted
the final SAFE 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, 907-206-5802,
<a href="/cdn-cgi/l/email-protection#cfaeabaea2e1b5aea3aabca4a68fa1a0aeaee1a8a0b9"><span class="__cf_email__" data-cfemail="a8c9ccc9c586d2c9c4cddbc3c1e8c6c7c9c986cfc7de">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: 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.
The proposed harvest specifications include catch limits that NMFS
could implement--subject to further consideration after public comment.
Regulations at 50 CFR 679.118(b) require that NMFS consider public
comment on the proposed harvest specifications and publish the final
harvest specifications in the Federal Register. The final harvest
specifications will take effect only after publication of a final rule
for the instant action. NMFS would publish the final 2025 harvest
specifications after: (1) considering comments received within the
comment period (see DATES); (2) considering information presented in
the draft EA (see ADDRESSES); and (3) considering information presented
in the final 2025 SAFE report prepared for the 2025 Cook Inlet EEZ Area
salmon fisheries. See 50 CFR 679.118(b)(2) for additional
considerations regarding the final harvest specifications.
Proposed 2025 Overfishing Limit (OFL), Acceptable Biological Catch
(ABC), and Total Allowable Catch (TAC) Specifications
NMFS compiled and presented the preliminary 2025 SAFE report for
the Cook Inlet EEZ Area salmon stocks and stock complexes, dated
January 2025 (see ADDRESSES) at the February Council meeting. The SAFE
report contains a review of the latest scientific analyses and
estimates of biological parameters for seven stocks of Pacific salmon
and provides recommendations to the SSC
[[Page 14772]]
regarding the appropriate tiers for each stock, the status
determination criteria (SDC) that will be used to evaluate overfishing
(including OFL), and the appropriate ABC, which acts as a ceiling when
NMFS specifies TACs.
The Salmon FMP specifies methods to calculate OFLs and ABCs for
each stock's tier in the Cook Inlet EEZ salmon fishery, with annual
tier recommendations provided in the SAFE report. The tiers applicable
to a particular stock or stock complex are determined by the level of
reliable information available. Tier 1 stocks have the highest level of
information quality available, while Tier 3 stocks have the lowest
level of information quality available. NMFS uses 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)
according to the methods specified in the Salmon FMP.
For Tier 1 stocks, as defined in the Salmon FMP, the SAFE report
relies on forecasts of the coming year's salmon runs as the basis for
the recommended OFLs and ABCs, which are included in the 2025 SAFE
report. For Tier 1 stocks, 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 2025, no stocks were recommended to be Tier 2.
For Tier 3 stocks, as defined in the Salmon FMP, NMFS used fishery
catch estimates from prior years to inform the 2025 harvest
specifications.
The SSC and Council reviewed NMFS's preliminary 2025 SAFE report
for the Cook Inlet EEZ Area salmon fishery in February 2025. From these
data and analyses, the SSC recommended an OFL and ABC for each salmon
stock and stock complex. After considering the SSC's recommendations,
the Council unanimously took action to recommend TACs for the Cook
Inlet EEZ Area salmon fishery. Through this action, NMFS is proposing
to implement the OFLs and ABCs recommended by the SSC and TACs
consistent with the Council's recommendations.
Following the February Council meeting, NMFS updated the 2025 SAFE
report to incorporate SSC recommendations (see ADDRESSES). The proposed
specifications are based on SSC recommendations contained in the final
2025 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.
NMFS is required to publish and solicit public comment on proposed
annual specifications as soon as practicable after consultation with
the Council (see 50 CFR 679.118(b)(1)) and the proposed harvest
specifications in table 1 of this rulemaking satisfy these
requirements. 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 2025 SAFE report,
SSC and Council recommendations, and the Magnuson-Stevens Act,
including the National Standards. The recommended ABCs would be less
than the OFLs for each stock or stock complex and the TACs would be set
equal to the aggregate ABCs for each species (table 1). Because it is
not practicable to differentiate among stocks of the same species
during the fishing season, NMFS will rely on its experience managing
the fishery in 2024 and its inseason management tools to ensure ABC is
not exceeded for any stock or stock complex.
The proposed 2025 OFLs, ABCs, and TACs are based on the best
scientific information available--primarily the 2025 SAFE report. The
SAFE report was subject to peer review by the SSC, which recommended
the ABCs that NMFS proposes in table 1, consistent with 50 CFR
600.310(f)(3) and 600.315(c) through (d). The proposed TACs are set
equal to the proposed ABCs and are less than the OFLs for all salmon
stocks or stock complexes. These proposed OFLs, ABCs, and TACs are
subject to change pending consideration of public comment.
Table 1--Proposed 2025 Cook Inlet EEZ Area Salmon OFLs, ABCs, and TACs in Numbers of Fish
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Stock or stock complex \1\ OFL ABC TAC
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Kenai River Late-Run sockeye salmon............................. 514,761 360,332 800,126
Kasilof River sockeye salmon.................................... 664,294 285,646
Aggregate Other sockeye salmon.................................. 181,351 154,148
Aggregate Chinook salmon........................................ 373 261 261
Aggregate coho salmon........................................... 67,013 16,753 16,753
Aggregate chum salmon........................................... 97,508 78,006 78,006
Aggregate pink salmon........................................... 58,174 52,357 52,357
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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 it is not possible to differentiate among stocks of sockeye at the time they are caught.
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 overfishing among other reasons, consistent with
50 CFR 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/news-and-announcements/bulletins">https://www.fisheries.noaa.gov/news-and-announcements/bulletins</a>.
Classification
NMFS is issuing this proposed rule pursuant to section 305(d) of
the Magnuson-Stevens Act. Through previous actions, the Salmon FMP and
regulations are designed to authorize NMFS to take this action (see 50
CFR 679.118). The NMFS Assistant Administrator has determined that this
proposed rule is consistent with the Magnuson-Stevens Act, the Salmon
FMP, and other applicable laws, subject to further consideration after
public comment.
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 the draft EA for the 2025 harvest specifications of
the Cook Inlet EEZ Area salmon fishery, which incorporates by reference
the EA/RIR for amendment 16 to the Salmon FMP (see ADDRESSES). These
analyses evaluate the
[[Page 14773]]
potential environmental and socioeconomic impacts of three alternative
catch limits for the Cook Inlet EEZ Area salmon fishery, as is
consistent with the National Environmental Policy Act.
Initial Regulatory Flexibility Analysis
This Initial Regulatory Flexibility Analysis (IRFA) was prepared
for this proposed rule, as required by section 603 of the Regulatory
Flexibility Act (RFA) (5 U.S.C. 603), to describe the economic impact
that this proposed rule, if adopted, would have on small entities.
The IRFA: (1) describes the action; (2) the reasons why this
proposed rule is proposed; (3) the objectives and legal basis for this
proposed rule; (4) the estimated number and description of directly
regulated small entities to which this proposed rule would apply; (5)
the recordkeeping, reporting, and other compliance requirements of this
proposed rule; and (6) the relevant Federal rules that may duplicate,
overlap, or conflict with this proposed rule. The IRFA also describes
significant alternatives to this proposed rule that would accomplish
the stated objectives of the Magnuson-Stevens Act, and any other
applicable statutes, and that would minimize any significant economic
impact of this proposed rule on small entities. The description of the
proposed action, its purpose, and the legal basis are explained earlier
in the preamble and are not repeated here.
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.
Number and Description of Small Entities Regulated by This Proposed
Rule
This proposed 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 Commercial Fisheries Entry Commission
(CFEC) drift gillnet (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 2019 to
2023, there was an average of 552 S03H permits in circulation, with an
average of 311 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 draft EA 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., 552 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 2017 to 2022, the total
number of directly regulated charter vessel small entities that have
participated in the Cook Inlet EEZ Area has been as high as 377.
However, from 2019 to 2022, there was an average of 94 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.
Description of Significant Alternatives That Minimize Adverse Impacts
on Small Entities
The action under consideration is the proposed 2025 harvest
specifications for the Cook Inlet EEZ Area salmon fishery. This action
is necessary to establish harvest limits for Cook Inlet salmon
harvested within the EEZ during the 2025 fishing years and is taken in
accordance with the Salmon FMP and 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 Salmon FMP and regulations. Under this process, harvest
specifications typically will be made annually for specifying the OFL,
ABC, and TAC for each salmon stock or stock complex. 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 are separated into three tiers based on the level of
information available for each stock and stock complex, and the
corresponding tier is used to calculate OFL and ABC.
For each stock and stock complex, NMFS establishes harvest
specifications prior to the commercial salmon fishing season. To inform
the harvest specifications, NMFS prepares the annual SAFE report, based
on the best scientific information available at the time it is
prepared, for review by the SSC and the Council. The SAFE report
provides information needed for: (1) determining 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 provides a summary of the most
recent biological condition of the salmon stocks.
For the proposed 2025 harvest specifications, NMFS prepared the
preliminary 2025 SAFE report and consulted with the Council consistent
with the Salmon FMP and implementing regulations. The proposed TACs
recommended by the
[[Page 14774]]
Council are based on the preliminary SAFE report, which represents the
best scientific information available at that time for the stock and
stock complexes identified by NMFS. In February 2025, the SSC reviewed
the preliminary 2025 SAFE report and recommended changing the buffers
that reduce ABCs from the OFLs for the Kenai and Kasilof sockeye
stocks. Ultimately, the Council recommended the harvest specifications
without any additional buffers to reduce TACs from the ABCs. The
proposed TACs are consistent with the Salmon FMP process for
determining harvest levels for salmon in the Cook Inlet EEZ Area. In
light of the manner in which the fishery will operate--including the
limited number of openers--and NMFS's ability to monitor the TAC for
each salmon species and implement closures in-season, as well as NMFS's
success last year in managing the fishery to ensure no ABC was
exceeded, NMFS has determined that these TACs will prevent exceeding
the ABC (and therefore ACL) for any stock or stock complex.
Furthermore, the proposed TACs will prevent overfishing while, for
combined sockeye salmon, being above the recent 10-year average
estimated EEZ harvest.
Under this action, the proposed ABCs reflect harvest amounts that
are less than the specified OFLs and the TACs do not exceed the
biological reference points (i.e., the ABCs and OFLs) recommended by
the SSC. The Salmon FMP specifies 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 proposed TACs are set equal to ABCs and
account for these considerations. TACs cannot be set higher than the
ABCs.
This action is economically beneficial to entities operating in the
Cook Inlet EEZ Area salmon fishery, including small entities. The
action proposes TACs for commercially-valuable salmon stocks that allow
for the prosecution of the salmon fishery in the Cook Inlet EEZ Area,
thereby creating the opportunity for fishery revenue. The TACs proposed
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.
Based upon the best scientific information available and in
consideration of the objectives for this proposed action, it appears
that there are no significant alternatives to this proposed rule for
salmon harvest specifications that have the potential to comply with
the Salmon FMP, 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 a public process during which the Council and NMFS
solicited input from stakeholders and after consultation with the
Council, NMFS has determined that the proposed TACs recommended by the
Council would best accomplish the stated objectives articulated in the
preamble for this proposed rule, and in applicable statutes, and would
minimize to the extent practicable adverse economic impacts on the
universe of directly regulated small entities.
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.
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: March 31, 2025.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2025-05764 Filed 4-3-25; 8:45 am]
BILLING CODE 3510-22-P
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