Fisheries of the Exclusive Economic Zone off Alaska; Cook Inlet; Proposed 2025 Harvest Specifications for Salmon, 14771-14774 [2025-05764]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[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 [www.gpo.gov]
[FR Doc No: 2025-05764]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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 https://www.regulations.gov/docket/NOAA-NMFS-2025-0017. You may 
submit comments on this document, identified by NOAA-NMFS-2025-0017, by 
any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Visit https://www.regulations.gov 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.
     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 
https://www.regulations.gov 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 https://www.regulations.gov. 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 https://www.fisheries.noaa.gov/action/amendment-16-fmp-salmon-fisheries-alaska. 
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 https://www.fisheries.noaa.gov/alaska/population-assessments/alaska-stock-assessments.

FOR FURTHER INFORMATION CONTACT: Adam Zaleski, 907-206-5802, 
[email protected].

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
----------------------------------------------------------------------------------------------------------------
                   Stock or stock complex \1\                           OFL             ABC             TAC
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
\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: https://www.fisheries.noaa.gov/news-and-announcements/bulletins.

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