Rule2025-19371
Fisheries Off West Coast States; West Coast Salmon Fisheries; Federal Salmon Regulations for Overfished Species Rebuilding Plans
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 2, 2025
Effective
November 3, 2025
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is revising regulations that implement the Pacific Fishery Management Council's (Council) Pacific Coast Salmon Fishery Management Plan (Salmon FMP). This final action removes the rebuilding plans for Queets River natural coho salmon (Queets coho salmon) and Strait of Juan de Fuca natural coho salmon (JDF coho salmon) from regulation, as these stocks have been rebuilt and are no longer required to be managed under a rebuilding plan.
Full Text
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<title>Federal Register, Volume 90 Issue 189 (Thursday, October 2, 2025)</title>
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[Federal Register Volume 90, Number 189 (Thursday, October 2, 2025)]
[Rules and Regulations]
[Pages 47629-47630]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-19371]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 250924-0162]
RIN 0648-BN26
Fisheries Off West Coast States; West Coast Salmon Fisheries;
Federal Salmon Regulations for Overfished Species Rebuilding Plans
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Department of Commerce.
ACTION: Final rule.
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SUMMARY: NMFS is revising regulations that implement the Pacific
Fishery Management Council's (Council) Pacific Coast Salmon Fishery
Management Plan (Salmon FMP). This final action removes the rebuilding
plans for Queets River natural coho salmon (Queets coho salmon) and
Strait of Juan de Fuca natural coho salmon (JDF coho salmon) from
regulation, as these stocks have been rebuilt and are no longer
required to be managed under a rebuilding plan.
DATES: Effective November 3, 2025.
FOR FURTHER INFORMATION CONTACT: Anna Heeter, Fishery Management
Specialist, at (971) 361-8895, <a href="/cdn-cgi/l/email-protection#abeac5c5ca85e3cecedfced9ebc5c4caca85ccc4dd"><span class="__cf_email__" data-cfemail="84c5eaeae5aacce1e1f0e1f6c4eaebe5e5aae3ebf2">[email protected]</span></a>, or Shannon Penna,
(562)980-4239, <a href="/cdn-cgi/l/email-protection#c596ada4ababaaabeb95a0ababa485abaaa4a4eba2aab3"><span class="__cf_email__" data-cfemail="16457e7778787978384673787877567879777738717960">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Regulations at 50 CFR part 660, subpart H
implement the management of West Coast salmon fisheries under the
Salmon FMP in the exclusive economic zone (3 to 200 nautical miles (5.6
to 370.4 kilometers)) off the coasts of the States of Washington,
Oregon, and California.
In 2018, NMFS determined that the Queets coho salmon and JDF coho
salmon stocks were overfished under the Magnuson-Stevens Fishery and
Conservation Management Act (MSA) (Letter from Barry A. Thom, NMFS West
Coast Regional Administrator, to Phil Anderson, Pacific Fishery
Management Council Chair, dated June 18, 2018). The MSA requires
Councils to develop and implement a rebuilding plan within 2 years of
being notified by NMFS that a stock is overfished (16 U.S.C.
1854(e)(3)). The Council transmitted its recommended rebuilding plans
to NMFS on October 17, 2019, which were similar to the existing
management frameworks, to rebuild Queets coho salmon and JDF coho
salmon (Letter from Charles A. Tracy, Pacific Fishery Management
Council Executive Director, to Barry A. Thom, NMFS West Coast Regional
Administrator, dated October 17, 2019).
The Council determined that the recommended rebuilding plans met
the MSA requirement to rebuild the stocks as quickly as possible,
taking into account the status and biology of any overfished stock and
the needs of fishing communities (50 CFR 600.310(j)(3)(i)). NMFS
approved and implemented the Council's recommended rebuilding plans for
the Queets coho salmon and JDF coho salmon stocks through a final rule
(86 FR 9301, March 15, 2021).
In 2024, NMFS determined that Queets coho salmon and JDF coho
salmon met the criteria in the Salmon FMP for being rebuilt and
notified the Council (Letter from Jennifer Quan, NMFS West Coast
Regional Administrator, to Merrick Burden, Pacific Fishery Management
Council Executive Director, dated August 1, 2024). A stock is rebuilt
when the 3-year geometric mean spawning escapement exceeds the level
associated with the maximum sustainable yield (S<INF>MSY</INF>) (Salmon
FMP).
When Queets coho salmon was determined to be overfished, the 3-year
geometric mean was 4,291 (2014 to 2016). The most recent 3-year
geometric mean of the spawning escapement reported for this stock (2020
to 2022) is 6,624, which exceeds the stock's spawning escapement
required to achieve S<INF>MSY</INF> 5,800 spawners. When JDF coho
salmon was determined to be overfished, the 3-year geometric mean was
6,842 (2014 to 2016). The most recent 3-year geometric mean of the
spawning escapement reported for this stock (2020 to 2022) is 14,461,
which exceeds the stock's spawning escapement required to achieve
S<INF>MSY</INF>, which is 11,000 spawners.
As these stocks have been determined to be rebuilt, they are no
longer required
[[Page 47630]]
to be managed under rebuilding plans. The Queets coho salmon and JDF
coho salmon rebuilding plans should be removed from regulation because
the plans are no longer necessary. Removing the rebuilding plans from
regulation would also avoid potential misconceptions regarding the
status of these stocks. Additionally, removing these rebuilding plans
from regulation will avoid errors should NMFS make a future
determination that these stocks are overfished again, in which case the
MSA requires the Council to prepare and implement a rebuilding plan
within 2 years of that determination (50 CFR 600.310(j)(2)(ii)).
Leaving the current rebuilding plans in regulation could cause
confusion as they might be misperceived as being the applicable
management measures for Queets coho salmon and JDF coho salmon, which
is not the intention of the Council nor of NMFS. Therefore, to avoid
any misinterpretation, it is necessary to remove the existing
rebuilding plans from 50 CFR 660.413(c) and (d).
Public Comment
NMFS received five comments during the public comment period from
March 28, 2025, to April 28, 2025. Four comments were from private
citizens, and the fifth comment was a letter from the Sportsmen's
Alliance Foundation.
Comment 1: NMFS received three public comments in support of
removing the Queets coho salmon and JDF coho salmon rebuilding plans
from regulation. Two of these comments were from the public and one was
from the Sportmen's Alliance Foundation. The commenters expressed that
they felt NMFS had presented sufficient scientific evidence to support
the rebuilt determinations for the Queets coho salmon and JDF coho
salmon and that removing the rebuilding plans from regulation will
further clarify the current status of the stocks.
Response: NMFS appreciates the time these commenters took to
outline their support for the Queets coho salmon and JDF coho salmon
rebuilt rule. These comments raise no additional issues that need to be
addressed.
Comment 2: Two comments from the public expressed concern over
removing the specified rebuilding plans. The commenters both emphasized
the importance of collaborating with tribal co-managers, ensuring stock
assessments are detailed, identifying mathematical and monitoring
shortcomings, and considering emerging threats to these stocks during
the rebuilt determination process. Both commenters emphasized that NMFS
should approach the removal of the Queets coho salmon and JDF coho
salmon rebuilding plans with caution due to the complexity of salmon
management.
Response: NMFS appreciates these comments submitted regarding the
Queets coho salmon and JDF coho salmon rebuilt rule. NMFS already
determined that these two salmon stocks have been successfully rebuilt
(Letter from Jennifer Quan, NMFS West Coast Regional Administrator, to
Merrick Burden, Pacific Fishery Management Council Executive Director,
dated August 1, 2024). This rulemaking is administrative in nature
insofar as it removes from the CFR the rebuilding plans that no longer
serve a functional purpose. This action does not alter protections for
Queets coho salmon and JDF coho salmon that are outlined in the Salmon
FMP, and will not alter the control rules already established by the
Salmon FMP as the Council adopted the Status Quo alternative (i.e.,
Salmon FMP control rule) for both stocks. Analysis of the proposed
management alternatives in both rebuilding plans indicated the stocks
were anticipated to rebuild within a few years which is what has
occurred. As described in the Salmon FMP, the 3-year geometric mean is
used as the metric to determine stock status relevant to overfished
determinations consistent with the requirements of the MSA. The
affected Tribes were members of the team that developed the rebuilding
plans, participated Council discussions and technical analysis
regarding the status of the stocks and were consulted about NMFS'
decisions regarding changes in stock status for these stocks. The
status of both stocks will continue to be assessed each year as
required by the Salmon FMP. Further information on the topics outlined
in each of these comments can be found in the Salmon FMP located on the
PFMC website at: <a href="https://www.pcouncil.org">https://www.pcouncil.org</a>.
Classification
NMFS is issuing this rule pursuant to section 305(d) of the MSA.
This rule is a technical change and would update the regulations
governing the salmon fishery by deleting a provision that is no longer
necessary. The NMFS Assistant Administrator has determined that this
rule is consistent with the FMP and other applicable law.
This final rule has been determined to be not significant for
purposes of Executive Order (E.O.) 12866.
This final rule is not an Executive Order 14192 regulatory action
because this action is not significant under Executive Order 12866.
NMFS has determined that this action would not have a substantial
direct effect on one or more Indian Tribes, on the relationship between
the Federal Government and Indian Tribes, or Indian Tribes, on the
relationship between the Federal Government and Indian Tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian Tribes; therefore, consultation with Tribal
officials under E.O. 13175 is not required, and the requirements of
sections (5)(b) and (5)(c) of E.O. 13175 also do not apply. A Tribal
summary impact statement under section (5)(b)(2)(B) and section
(5)(c)(2)(B) of E.O. 13175 is not required and has not been prepared.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. No comments were received
regarding this certification. As a result, a regulatory flexibility
analysis was not required and none was prepared.
This final rule contains no information collection requirements
under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et seq.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Recording and reporting requirements.
Dated: September 24, 2025.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS amends 50 CFR part
660 as follows:
PART 660--FISHERIES OFF WEST COAST STATES
0
1. The authority citation for part 660 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and 16
U.S.C. 7001 et seq.
Sec. 660.413 [Amended]
0
2. Amend Sec. 660.413 by removing paragraphs (c) and (d).
[FR Doc. 2025-19371 Filed 10-1-25; 8:45 am]
BILLING CODE 3510-22-P
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