[Federal Register Volume 89, Number 72 (Friday, April 12, 2024)]
[Proposed Rules]
[Pages 25857-25861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07763]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 240404-0099; RTID 0648-XD707]
Fisheries of the Exclusive Economic Zone off Alaska; Cook Inlet;
Proposed 2024 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 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: Comments must be received by May 13, 2024.
ADDRESSES: A plain language summary of this proposed rule is available
at https://www.regulations.gov/docket/NOAA-NMFS-2024-0028. You may
submit comments on this document, identified by NOAA-NMFS-2024-0028, 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-2024-0028 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.
[[Page 25858]]
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 Environmental Assessment (EA)/Regulatory
Impact Review/Social Impact Review (collectively, the Analysis) for
proposed amendment 16 to the Salmon FMP are available from https://www.regulations.gov or 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 2024 North Pacific
Fishery Management Council (Council) meeting and is available at
https://meetings.npfmc.org/CommentReview/DownloadFile?p=776facb0-a186-460f-a689-9269c831da5a.pdf&fileName=C3%20Cook%20Inlet%20Salmon%20SAFE.pdf. NMFS
incorporated the recommendations of the Council's Scientific and
Statistical Committee (SSC) and published a draft SAFE on the Alaska
Region website at https://www.fisheries.noaa.gov/alaska/population-assessments/alaska-stock-assessments. The final 2024 SAFE report for
Cook Inlet salmon will be available from the same source.
FOR FURTHER INFORMATION CONTACT: Adam Zaleski, 907-586-7228,
[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 and as proposed for the Cook Inlet
EEZ Area salmon fishery will also appear at 50 CFR part 679.
The proposed harvest specifications include catch limits that NMFS
could implement--subject to further consideration after public
comment--assuming the Secretary of Commerce (Secretary) approves
amendment 16 to the Salmon FMP and adopts implementing regulations.
NMFS is required under a court order to implement regulations for the
Cook Inlet EEZ Area salmon fishery by May 1, 2024. If approved,
amendment 16 and implementing regulations would incorporate the Cook
Inlet EEZ Area into the FMP and would establish Federal fishery
management for all salmon fishing that occurs in the Cook Inlet EEZ,
which includes commercial drift gillnet and recreational fishing
sectors, consistent with that court order. The notice of availability
and proposed rule that would implement amendment 16 to the Salmon FMP
(Amendment 16 Proposed Rule) are available at 88 FR 72314 (October 19,
2023, comment period closed December 18, 2023). As proposed, amendment
16 and implementing regulations would include as management measures
the specification of harvest limits and the annual specifications
process for five species of salmon.
Though NMFS may make some changes from the Amendment 16 Proposed
Rule after considering public comments, NMFS assumes the harvest
specification process will proceed as described in the proposed
amendment 16 and Amendment 16 Proposed Rule for the purpose of these
proposed harvest specifications. These proposed harvest specifications
follow the process and substance of proposed amendment 16 and
implementing regulations. NMFS will publish final harvest
specifications only if and after the Secretary approves amendment 16
and NMFS publishes a final rule implementing amendment 16.
The final harvest specifications will take effect only after
publication of a final rule for the instant action. NMFS would publish
the final 2024 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 2024 SAFE report
prepared for the 2024 Cook Inlet EEZ Area salmon fisheries (see 50 CFR
679.118(b)(2) of the Amendment 16 Proposed Rule at 88 FR 72314).
Proposed Overfishing Levels (OFL), Acceptable Biological Catch (ABC),
and Total Allowable Catch (TAC) Specifications
NMFS compiled and presented the preliminary draft 2024 SAFE report
for the Cook Inlet EEZ Area salmon stocks and stock complexes, dated
February 2024 (see ADDRESSES) at the February North Pacific Fishery
Management Council (Council) meeting. The SAFE report contains a review
of the latest scientific analyses and estimates of biological
parameters for five salmon species. Because harvest specifications must
be in place before the fishery begins, the SAFE report relies on
forecasts of the coming year's salmon runs. If amendment 16 is approved
as proposed, and the Amendment 16 Proposed Rule is implemented through
a subsequent final rulemaking, NMFS would use the Alaska Department of
Fish and Game (ADF&G) pre-season salmon forecasts (subject to NMFS and
SSC review) or develop suitable alternate forecasts. Status
determination criteria and harvest specifications would be 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. If no
forecasts are available, NMFS would use fishery catch from prior years
to inform harvest specifications. For the draft 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.
If amendment 16 is approved as proposed, and the Amendment 16
Proposed Rule is implemented through a subsequent final rulemaking, the
Salmon FMP would specify the tiers to be used to calculate OFLs and
ABCs. The tiers applicable to a particular stock or stock complex would
be determined by the level of reliable information available. This
information would be 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 the proposed
FMP 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).
If the Amendment 16 Proposed Rule is implemented through a
subsequent final rulemaking for the Cook Inlet EEZ Area salmon fishery,
NMFS, after consultation with the Council, would specify the annual TAC
amounts for commercial fishing for each salmon species after accounting
for projected recreational fishing removals (see Sec. 679.118(a) as
proposed at 88 FR 72314). The SSC, Advisory Panel (AP), and 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
[[Page 25859]]
stock complex. The SSC further recommended changing the buffers that
reduce the OFL for aggregate Chinook, aggregate pink, and aggregate
chum salmon to be sufficiently precautionary. 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 therefore proposing the OFL and ABC 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
proposed specifications are based on this draft 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.
If implementing regulations are adopted as proposed for the Cook
Inlet EEZ Area salmon fishery, NMFS would be required to publish and
solicit public comment on proposed annual TACs as soon as practicable
after consultation with the Council (see Sec. 679.118(b)(1) of the
Amendment 16 Proposed Rule at 88 FR 72314), and the proposed harvest
specifications in table 1 of this rule satisfy these proposed
requirements. The recommended specifications of OFL, ABC, and TAC would
prevent overfishing consistent with National Standard 1. ABC would be
less than or equal to the OFL for each stock or stock complex. TACs
would be 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 inseason. TACs for each species would
be 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 or stock complex.
If implementing regulations are adopted as proposed for the Cook
Inlet EEZ Area salmon fishery, NMFS will publish the final 2024 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 2024 SAFE report prepared for the 2024 Cook Inlet EEZ Area
salmon fisheries (see Sec. 679.118(b)(2) of the Amendment 16 Proposed
Rule at 88 FR 72314).
The proposed 2024 OFLs, ABCs, and TACs are based on the best
scientific information available. The proposed 2024 TACs are less than
the aggregate ABCs for each species and the proposed 2024 ABCs are less
than the OFLs for all salmon stocks or stock complexes listed in table
1. These amounts are consistent with the biological condition of the
salmon stocks as described in the draft 2024 SAFE report. The SAFE
report was subject to peer review by the SSC, which recommended ABCs
that NMFS proposes in table 1, consistent with Sec. Sec. 600.310(f)(3)
and 600.315(c) through (d). The proposed 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 Sec. 679.118(a)(2) of the Amendment 16 Proposed Rule at
88 FR 72314), 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. These
proposed OFLs, ABCs, and TACs are subject to change pending
consideration of the final 2024 SAFE report and public comment.
Table 1--Proposed 2024 Cook Inlet EEZ Area Salmon OFL, ABC, and TAC in Numbers of Fish
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Stock 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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Total....................................................... 3,403,100 1,265,770 738,440
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Classification
NMFS is issuing this rulemaking pursuant to section 305(d) of the
Magnuson-Stevens Act. The NMFS Assistant Administrator has determined
that this proposed rule is consistent with the Magnuson-Stevens Act,
the Salmon FMP, the proposed amendment 16 and the Amendment 16 Proposed
Rule, and other applicable law, 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 a draft 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 on October 19, 2023 (see the Amendment
16 Proposed Rule at 88 FR 72314). The draft EA analyzes the
environmental, social, and economic consequences of the proposed salmon
harvest specifications on resources in the action area. NMFS will
publish a final rule that implements amendment 16 that considers the
public comments received during the comment period for the Amendment 16
Proposed Rule (if consistent with the Magnuson-Stevens Act, the Salmon
FMP, and other applicable law) and a final EA and finding of no
significant impact (if consistent with the National Environmental
Policy Act and implementing regulations, prior to the publication of
the final harvest specifications).
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
[[Page 25860]]
(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 would directly regulate 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 to maintain current requirements
for commercial salmon fishing vessels landing any salmon in upper Cook
Inlet to hold a Commercial Fisheries Entry Commission (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 Alaska 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
(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 specification 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.
Description of Significant Alternatives That Minimize Adverse Impacts
on Small Entities
The action under consideration is the proposed 2024 harvest
specifications for the Cook Inlet EEZ Area salmon fishery. The TAC may
be set conservatively to reduce the risk of overfishing without the
benefit of inseason harvest data but is likely to remain near existing
levels. As is possible under the status quo management by the State of
Alaska, salmon harvest in the EEZ could be reduced or prohibited in
years when a harvestable surplus is not certain, with an appropriate
buffer to account for scientific and management uncertainty.
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. If amendment 16 is approved, and NMFS publishes a final
rule that implements the regulations as proposed in the Amendment 16
Proposed Rule, the establishment of the proposed harvest specifications
would be 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 would be made annually for specifying
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 would 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 would each year establish
harvest specifications prior to the commercial salmon fishing season.
To inform the harvest specifications, NMFS would 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 would provide 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 and Federal fishery
management programs. The SAFE report would 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.
[[Page 25861]]
For the proposed 2024 salmon specifications, NMFS prepared the
draft SAFE and consulted with the Council consistent with the proposed
amendment 16 and the Amendment 16 Proposed Rule. The proposed TACs are
based on the draft SAFE, 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 proposed OFLs, ABCs, and TACs as informed by the
recommendations of the SSC and the consultation with the Council. The
proposed TACs are therefore consistent with the proposed process for
determining harvest levels for salmon in the Cook Inlet EEZ Area.
The OFLs and ABCs are based on recommendations prepared by NMFS in
January 2024 and reviewed by the Council's SSC in February 2024. The
proposed 2024 OFLs and ABCs are based on the best available biological
science and revised analyses to calculate stock abundance. The proposed
2024 OFLs, ABCs, and TACs are consistent with the biological condition
of the salmon stocks as described in the draft 2024 SAFE report, which
is the most recent SAFE report.
Under this action, the proposed ABCs reflect harvest amounts that
are less than the specified OFLs. The TACs proposed by NMFS do not
exceed the biological limits (i.e., the ABCs and OFLs) recommended by
the SSC. The proposed TACs are adjusted to account for other social and
economic considerations consistent with Salmon FMP goals for the Cook
Inlet EEZ Area and proposed 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 Sec. 679.118(a)(2)(ii) of the Amendment 16
Proposed Rule at 88 FR 72314). The proposed 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 proposes 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 proposed 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.
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
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 solicited input from stakeholders and after consultation with
the Council, NMFS proposes TACs that NMFS has determined 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: April 8, 2024.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2024-07763 Filed 4-11-24; 8:45 am]
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