[Federal Register Volume 90, Number 115 (Tuesday, June 17, 2025)]
[Rules and Regulations]
[Pages 25508-25516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-11159]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 250612-0099; RTID 0648-XE507]
Fisheries of the Exclusive Economic Zone off Alaska; Cook Inlet;
Final 2025 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 2025 harvest specifications for
salmon fishing in 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 the Salmon Fisheries in the EEZ off Alaska
(Salmon FMP). The intended effect of this action is to conserve and
manage the salmon resources in the 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 16, 2025, until the effective date of
the final 2026 harvest specifications for the Cook Inlet EEZ Area.
ADDRESSES: Electronic copies of the Environmental Assessment for the
Harvest Specifications of the Cook Inlet Salmon Fisheries in the EEZ
Off Alaska (EA); and the Finding of No Significant Impact (FONSI)
prepared for this action are available from https://www.regulations.gov. The Environmental Assessment/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. The final 2025 Stock
Assessment and Fishery Evaluation (SAFE) report is available from the
Alaska Region website at https://www.fisheries.noaa.gov/alaska/commercial-fishing/cook-inlet-exclusive-economic-zone-salmon-stock-assessment-and-fishery.
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.
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 2025 harvest
specifications for the Cook Inlet EEZ Area were published in the
Federal Register on April 4, 2025 (90 FR 14771). Comments were invited
and accepted through May 5, 2025. The comments received and NMFS
responses are addressed in the Response to Comments section below.
After considering public comments submitted for the proposed rule (90
FR 14771, April 4, 2025), NMFS is implementing the final 2025 harvest
specifications for the salmon fishery of the Cook Inlet Exclusive
Economic Zone (EEZ) Area consistent with the Scientific and Statistical
Committee's (SSC) fishing level recommendations which account for the
uncertainty associated with this fishery.
Final 2025 Overfishing Limit (OFL), Acceptable Biological Catch (ABC),
and Total Allowable Catch (TAC) Specifications
The final 2025 SAFE report contains a review of the latest
scientific analyses and estimates of biological parameters for the Cook
Inlet EEZ Area salmon stocks and stock complexes (a stock complex is an
aggregate of multiple stocks of a species). NMFS presented the
preliminary 2025 SAFE report, dated January 2025, at the February North
Pacific Fishery Management Council (Council) meeting. The preliminary
SAFE report provided recommendations to the SSC regarding the
appropriate tiers for each stock; the status determination criteria
(SDC) that will be used to evaluate overfishing (including OFLs); and
the preliminary ABCs, which act as a ceiling for the TACs.
The Salmon FMP specifies methods to calculate OFLs and ABCs by
assigning stocks to one of three tiers, with annual tier
recommendations for each stock or stock complex provided in the SAFE
report. The tier applicable to a particular stock or stock complex is
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 used this tier structure to calculate OFLs and ABCs for each
salmon stock or stock complex according to the methods specified in the
Salmon FMP. Under the Salmon FMP, the annual catch limit (ACL) is set
equal to ABC for each stock or stock complex, and TACs may be set less
than ABC to account for additional sources of management uncertainty.
For Tier 1 stocks, the final 2025 SAFE report relies on forecasts
of the coming year's salmon runs as the basis for the recommended OFLs
and ABCs. SDC and harvest specifications are calculated in terms of
potential yield. 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 other
fisheries.
For 2025, no stocks were recommended to be Tier 2.
For Tier 3 stocks, the final SAFE report uses 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
and public testimony, the Council unanimously took action to recommend
TACs equal to the ABCs. Through this action, NMFS is implementing the
OFLs and ABCs recommended by the SSC and TACs consistent with the
Council's
[[Page 25509]]
recommendations. Following the February Council meeting, NMFS updated
the 2025 SAFE report to incorporate SSC recommendations (see
ADDRESSES). The 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. ABC is less than the OFL for each stock or stock
complex and, for 2025, the TACs are 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 historical stock contribution data and inseason management
authority to account for the assumed contribution of each stock or
stock complex to total catch, ensuring ABC is not exceeded for any
stock or stock complex. The TACs are based on the 2025 SAFE report, SSC
recommendations, and social and economic considerations that align with
the Salmon FMP goals for the Cook Inlet EEZ Area, consistent with 50
CFR 679.118(a)(2).
NMFS is publishing the final 2025 harvest specifications after: (1)
considering comments received within the comment period (see DATES);
(2) considering information presented in the EA (see ADDRESSES); and
(3) considering information presented in the final 2025 SAFE report
prepared for the 2025 Cook Inlet EEZ Area salmon fishery (see 50 CFR
679.118(b)(2)).
The final 2025 OFLs, ABCs, and TACs are based on the best
scientific information available--primarily the 2025 SAFE report. The
2025 SAFE report was subject to peer review by the SSC, which
recommended the ABCs, consistent with 50 CFR 600.310(f)(3) and
600.315(c) through (d). The Council did not recommend additional
buffers between the ABCs and TACs to account for management uncertainty
because sufficient uncertainty was accounted for in the SSC's ABC
recommendation to prevent any stock or stock complex from overfishing.
For 2025, the TACs are set equal to the combined species-level ABCs and
are less than the combined species-level OFLs for all salmon stocks or
stock complexes (table 1). Based on NMFS's experience managing the
fishery in 2024 (including monitoring the harvest and harvest rates for
each salmon species) and NMFS's success in keeping harvests below the
ABC for all stocks and stock complexes in 2024, and in light of the
discrete number of openings and the ability to implement inseason
closures, NMFS has determined that these harvest specifications will
prevent overfishing and maintain harvest levels below the ABC/ACL for
each stock or stock complex.
Table 1--Final 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.
Response to Comments
NMFS published proposed harvest specifications on April 4, 2025 (90
FR 14771) and accepted public comment for 32 days, with the comment
period closing on May 5, 2025. NMFS received 11 letters with 18
distinct comments during the public comment period. The comments were
from individuals, individual drift gillnet fishermen, the Chickaloon
Village Traditional Council, and the United Cook Inlet Drift
Association.
Scope of the Harvest Specifications
Comment 1: Amendment 16 and the 2024 or 2025 harvest specifications
do not set optimum yield (OY) based on maximum sustainable yield (MSY)
as described in National Standard 1.
Response: NMFS disagrees. First, this action does not set or modify
OY or MSY at all. To the extent this comment asserts that MSY and OY
are improperly established by this rule, those assertions are outside
of the scope of this action.
Second, Amendment 16 to the Salmon FMP (89 FR 34718, April 30,
2024) established OY and MSY for the Cook Inlet EEZ Area salmon fishery
in a manner that is fully consistent with National Standard 1 and all
National Standard Guidelines. Comments on OY were addressed in that
final rule. The definition of OY for the Cook Inlet EEZ Area in Section
4.2.2 of the Salmon FMP is not part of the harvest specifications
process.
To the extent this comment argues that the harvest specifications
will not achieve OY, the summed TAC amounts across all species (table
1) fall within the OY range for the Cook Inlet EEZ Area salmon fishery
(Section 4.2.2 of the Salmon FMP) and can be achieved by fishing
vessels operating under the management measures implemented by
amendment 16 and 50 CFR 679.118.
Comment 2: Several comments asserted that ACLs or TACs are an
ineffective salmon management tool for salmon management and argue NMFS
should rely on abundance-based management.
Response: Amendment 16 and its implementing regulations established
the use of TACs for the Cook Inlet EEZ Area salmon fishery. This action
does not change any of the fishery management policies adopted under
amendment 16. Therefore, any comments related to the appropriateness of
using TACs to manage the Cook Inlet EEZ Area salmon fishery are outside
the scope of the harvest specifications rulemaking and this action.
These harvest specifications establish the OFL, ABC, and TAC
amounts for salmon during the 2025 fishing year to accomplish the goals
and objectives of the Salmon FMP.
While this comment is outside the scope of this action, NMFS
disagrees that the use of a TAC is an ineffective management tool.
Further, the Magnuson-Stevens Act requires that NMFS specify ACLs (16
U.S.C. 1853(a)(15)). Under the Salmon FMP, ACLs are equal to ABCs for
the purposes of the Cook Inlet EEZ Area salmon fishery. Responses to
similar comments 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). Additionally,
[[Page 25510]]
the Comments and Responses section of the Cook Inlet Final 2024 Harvest
Specifications for Salmon (starting on page 51449 at 89 FR 51448, June
18, 2024) addressed similar comments.
Comment 3: The current management scheme limits fishing opportunity
to an extent that it is impossible for the fleet to catch the TAC; such
that an increased 2025 TAC from 2024 will still result in underharvest.
Additionally, fishing in State and Federal waters on the same day
should be permitted to spread out the fleet to avoid overfishing.
Response: NMFS implemented the regulations governing the Federal
fishing season, fishing periods, and the prohibition on fishing in
State and Federal waters on the same day under amendment 16 to the
Salmon FMP (89 FR 34718, April 30, 2024), and these regulations are
outside the scope of these harvest specifications. Sections 4.5 and 4.6
of the A16 EA/RIR provide the background and rationale for establishing
the fishing season and periods for commercial and recreational fishing
within the Cook Inlet EEZ Area. This action does not change any of the
fishery management regulations implemented under amendment 16.
However, NMFS disagrees that the management regime limits fishing
opportunities to an extent that it would be impossible for the fleet to
harvest the TAC in 2025. During the 2024 salmon fishing season, an
estimated 66 percent of the sockeye TAC was harvested by 206 total
commercial participants. In total there were 244 vessels registered for
this fishery in 2024 and the peak sockeye harvest occurred from July 8,
2024 to July 15, 2024, during which vessel participation did not exceed
185 vessels on any given day. This is approximately 75 percent of the
vessels that could choose to participate in the fishery. Additionally,
many participants chose to fish in State waters instead of the Cook
Inlet EEZ Area on days when both areas were open. These factors taken
together indicate that there was ample harvest opportunity and
additional sockeye salmon available in 2024 for harvest in the Cook
Inlet EEZ Area. Therefore, there is potential for significantly
increased effort and harvest in the Cook Inlet EEZ Area that could lead
to reaching the TAC established for one or more stocks.
Comment 4: Constitutional rights were violated last season by
prohibiting fishing in State and Federal waters on the same day, as
well as a violation of rights to due process by the dereliction of the
Department of Justice in dealing with judicial misconduct resulting in
well over a year of harmful delay.
Response: Comments regarding the constitutionality of management
measures implemented under amendment 16 and ongoing litigation
challenging amendment 16, the implementing regulations, and the 2024
harvest specifications are outside the scope of the 2025 harvest
specifications. Also, see the response to Comment 3 regarding harvest
opportunity.
Total Allowable Catch (TAC) Amounts
Comment 5: The 2025 harvest specifications do not use the best
scientific information available and are not compliant with the
Magnuson-Stevens Act.
Response: NMFS disagrees. The final 2025 OFLs, ABCs, and TACs are
based on the final 2025 SAFE report, which represents the best
scientific information available on the biological condition of salmon
stocks in Cook Inlet, as well as the EA for these harvest
specifications, which analyzed impacts to the human environment, as
required under the National Environmental Policy Act, and concluded in
a FONSI. In determining what constituted the best scientific
information available, NMFS conducted a review of the existing data and
scientific literature related to Cook Inlet salmon stocks. The 2025
SAFE report was subject to peer review by the SSC, an advisory
committee to the Council composed of scientists, as required by the
Magnuson-Stevens Act (16 U.S.C. 1852(g)(1)(B)). The SSC recommended
OFLs and ABCs in table 1, consistent with National Standard 1 (50 CFR
600.310(f)(3)) and National Standard 2 (50 CFR 600.315(c)-(d)). After
considering recommendations from the SSC and public testimony, the
Council recommended TACs for the 2025 fishing season, which NMFS adopts
and implements in this final rule.
Comment 6: These TACs are based on incomplete and poor data; the
TACs should not be based on past State management.
Response: All TACs are based on the best scientific information
available for each managed stock or stock complex, consistent with
National Standard 2. ABCs were recommended by the SSC based on the best
scientific information available, which is contained in the 2025 SAFE
report. After considering recommendations from the SSC and public
testimony, the Council recommended TACs that are equal to the combined
ABCs for each species of salmon. These TACs are consistent with the
Salmon FMP and National Standard 1, including NMFS's obligations to
prevent overfishing and ensure ACLs are not exceeded (50 CFR
600.310(g)(4)).
Section 4.2.6 of the Salmon FMP describes the TAC setting process
for the Cook Inlet EEZ Area salmon fishery. For Tier 1 stocks (stocks
with the highest level of information quality available), the ABCs are
based on available yield after accounting for the spawning escapement
target, predicted harvests in non-EEZ fisheries, and a buffer to
account for scientific uncertainty. Therefore, TACs for Tier 1 stocks
are based on the current assessment of available harvest, not
historical harvest estimates. There were no Tier 2 stocks identified
for 2025.
For Tier 3 stocks (stocks with the lowest level of information
quality available), as described in the A16 EA/RIR, the ABCs are based
on estimated historical harvests that have occurred in the EEZ in the
timeseries under consideration (1999-present). Discussion of the
timeseries used to estimate historical harvest from within the Cook
Inlet EEZ Area can be found in the Comments and Responses section of
the Cook Inlet Final 2024 Harvest Specifications for Salmon (starting
on page 51450 at 89 FR 51448, June 18, 2024), Section 4.5.1.2.3 of the
A16 EA/RIR, Section 4 of the 2025 SAFE report, and Section 3 of the EA
for these harvest specifications. No TACs are based on past State
management; rather TACs are based on NMFS's independent assessment
that, in light of available data, EEZ harvest levels for Tier 3 stocks
could not be meaningfully increased beyond historical harvest levels
that have prevented overfishing while maintaining a viable commercial
fishery. Estimates of past EEZ harvests represent the best scientific
information available for Tier 3 stocks regarding the amount of EEZ
harvest each stock can support. Finally, NMFS notes that the 2025 TACs
established in this final rule represent an increase in potential
harvest over what has been harvested in the Cook Inlet EEZ Area
compared to the recent 10-year average, as further explained in the
response to Comment 9.
Comment 7: Buffers between OFL and ABC, and ABC and TAC are not
based on science.
Response: NMFS disagrees. For the 2025 harvest specifications,
buffers between OFL and ABC were recommended by the SSC, consistent
with National Standard 1 (50 CFR 600.310(f)(2) and (3)), to account for
scientific uncertainty in the estimate of OFL and prevent overfishing.
The buffer between OFL and ABC is based on a retrospective assessment
of the 1-year-ahead forecast accuracy for predicting OFL (which is
derived from preseason forecasts of run size and State harvest
[[Page 25511]]
rate). The OFL and ABC are based on the best scientific information
available, which is contained within the final 2025 SAFE report.
As discussed in Section 4.2.6 of the Salmon FMP, buffers between
the ABC and TAC may be recommended by the Council to account for
management and other sources of uncertainty (50 CFR 679.118(a)(2)) as a
possible accountability measure to ensure ACLs are not exceeded,
consistent with National Standard 1 (50 CFR 600.310(g)). As per Section
4.2.4 of the Salmon FMP, the ACL is equal to ABC for these salmon
stocks. The 2025 harvest specifications do not include any buffers
between ABC and TAC because NMFS determined that it was unlikely the
fishery would exceed the ACL for any stock or stock complex based on
its experience managing the fishery in 2024 (including observed harvest
rates) and available inseason management tools (e.g., closing the
fishery if NMFS determines that any salmon TAC may be reached for any
species or stock, 50 CFR 679.118(c)(1)(i)).
Comment 8: TAC should be tied to expected returns and inseason
analysis of escapement numbers.
Response: The procedures for specifying TACs, outlined in Section
4.2.6 of the Salmon FMP and implementing regulations (50 CFR 679.118),
were established by amendment 16 to the Salmon FMP and are outside the
scope of this action. However, expected returns for Tier 1 stocks are
detailed in the final 2025 SAFE report (Section 3.3.2) and did inform
the 2025 TACs. For Tier 1 stocks, as described in the Salmon FMP and
the 2025 SAFE report, the OFL is based on expected total run size,
expected harvests in non-EEZ fisheries, and the achievement of the
spawning escapement target. The ABCs recommended by the SSC are based
on OFL, reduced by a buffer that accounts for scientific uncertainty to
ensure that the OFL is not exceeded (final 2025 SAFE report Section
3.3.2). And TACs are then set at or below the ABCs. In recommending
TACs, the Council has the option of applying an additional buffer to
the ABCs to account for harvest of weak salmon stocks, bycatch
considerations, management uncertainty, ecosystem requirements, or
social and economic considerations (Section 4.2.6 of the Salmon FMP).
For Tier 3 stocks, which generally lack sufficient data to inform
preseason total run size forecasts, the OFLs, ABCs, and TACs are
established based on estimated historical harvests in the EEZ (2025
SAFE report Section 3.3.4; Salmon FMP Section 4.2.4).
Inseason spawning escapement data are not used to establish TACs
because TACs must be specified before the fishery opens, but for stocks
with established spawning escapement targets, such targets are used to
calculate SDC. However, NMFS will consider escapement numbers inseason
to inform potential TAC adjustments or early closures in the event of a
significant conservation concern.
Comment 9: The TACs are set too low.
Response: NMFS disagrees that the 2025 Cook Inlet EEZ Area TACs are
set too low. After reviewing the 2025 preliminary SAFE report and
considering public testimony, in compliance with National Standard 1
(50 CFR 600.310(f)(2)(3)) and as described in Section 4.2.4 of the
Salmon FMP, the SSC recommended buffers between the OFLs and ABCs that
represent the best scientific information available in ensuring that
the OFL is not exceeded for any salmon stock or stock complex. The
Council did not recommend additional buffers between the ABCs and TACs
to account for additional sources of uncertainty, and NMFS, in
specifying annual TAC amounts (see 50 CFR 679.118(a) and (b)),
determined that it can manage the fishery to prevent stocks from
exceeding their ABCs/ACLs without an additional buffer. For sockeye
salmon, the dominant species harvested in the Cook Inlet EEZ salmon
fishery, the 2025 TAC of 800,126 fish in these harvest specifications
is substantially greater than the recent 10-year average harvest in the
EEZ of approximately 353,300 fish, and is higher than the 2024 sockeye
salmon TAC of 492,100 fish. The 2025 TACs for Aggregate Chinook and
coho salmon are set equal to ABCs and are necessarily low due to stock
abundance concerns, which were considered during the Council process
and resulting recommendations. The 2025 TACs for Aggregate chum and
pink are set equal to the ABCs and, although lower than the 2024 TACs,
are substantially greater than what was harvested in 2024.
The final 2025 SAFE report describes the catch statistics for each
stock or stock complex. See the responses to Comments 6 and 8 above for
further details on the establishment of the 2025 TACs.
NMFS has determined that the 2025 TACs are appropriate for the Cook
Inlet EEZ Area salmon fishery, are based on the best scientific
information available from the 2025 SAFE report and relevant social and
economic considerations consistent with the Salmon FMP (50 CFR
679.118(a)(2)), and will prevent harvest from exceeding the ABC/ACL for
any stock or stock complex, as required by the Magnuson-Stevens Act and
National Standard 1 guidelines (50 CFR 600.310(f)(1), (2), (3), (4)).
Comment 10: The TAC for Kenai River Late-Run sockeye has not been
calculated with a high degree of confidence.
Response: NMFS disagrees. There is no TAC for Kenai River Late-Run
sockeye. The combined TAC for all sockeye salmon stocks, which includes
Kenai River Late-Run sockeye salmon stock, is based on the best
scientific information available. The final 2025 SAFE report and the
SSC recommended a Tier 1 determination for this stock because of the
high quality of available data (Section 4.3.4).
In recommending ABCs, the SSC conducted a review of the final 2025
SAFE report, including calculations for status determination criteria
(e.g., OFL), uncertainty associated with preseason total run size
forecasts, and expected harvests in non-EEZ fisheries, all of which are
based on the best scientific information available. These factors are
considered when calculating the OFL, and are the basis for the ABC
recommended by the SSC, the TAC recommended by the Council, and the
OFL, ABC, and TAC implemented by NMFS in this final rule.
Comment 11: Including the OFLs and ABCs for other sockeye salmon
would provide a helpful perspective on the number of sockeye salmon
that could be harvested; it is unclear what percentage of sockeye
salmon harvested from within the Cook Inlet EEZ are Kenai River Late-
Run sockeye.
Response: The Alaska Department of Fish and Game (ADF&G) estimates
genetic stock contribution from salmon fisheries within Cook Inlet and
these estimates are incorporated into the 2025 SAFE report. The 2025
harvest specifications do include a separate OFL and ABC for the other
sockeye salmon stocks, but only a single TAC because NMFS cannot
differentiate among sockeye salmon stocks inseason.
As explained in detail in Section 4.2 of the final 2025 SAFE
report, in 2024 ADF&G estimated that approximately 58 percent of the
sockeye harvested in the EEZ were Kenai River Late-Run sockeye salmon.
Additional historical harvest estimates for this stock can be found in
Section 4.2 and table 7 of the final 2025 SAFE report.
Comment 12: We have concerns over a lack of specific catch limits
for sockeye salmon populations from the Matanuska River and other
tributaries of Upper Cook Inlet including Knik Arm.
[[Page 25512]]
As written, the TAC for these ``Aggregate Other sockeye salmon,'' is
combined with Kenai River Late-Run sockeye salmon and Kasilof River
sockeye salmon, and set at 800,126 fish. We believe this high limit is
more fitting for the robust Kenai and Kasilof populations and may
result in inadvertent overfishing of smaller Upper Cook Inlet sockeye
salmon populations.
Response: For the Tier 3 Aggregate Other sockeye salmon stock
complex, which includes populations in the Knik Arm and Matanuska
River, NMFS is not aware of established spawning escapement data beyond
those considered in the A16 EA/RIR and the final 2025 SAFE report that
would allow NMFS to specify OFL and ABC with any greater certainty.
Regardless, without additional information and management tools, TACs
cannot practically be established for individual sockeye salmon stocks
that spawn in each of the many drainages that flow into Upper Cook
Inlet because it is not possible to differentiate among (and therefore
account for) harvested salmon stocks of the same species in season. The
relative contribution of each stock or stock complex to total sockeye
harvest can be determined only through genetic testing post-season
given current management tools.
For each of the sockeye salmon stocks defined in the Salmon FMP
(Section 4.2.4), to ensure that overfishing does not occur for any
salmon stock harvested in the Cook Inlet EEZ Area, the SSC recommended
buffers to reduce ABC from OFL, accounting for scientific uncertainty.
For the reasons stated above, the Council recommended a single sockeye
salmon TAC based on combined ABCs for each of the three sockeye salmon
stocks. Based on NMFS's experience managing the fishery in 2024, and in
consideration of available inseason management tools, NMFS determined
that the combined TAC for sockeye salmon stocks would not result in
harvest levels that would exceed the ABC/ACL for any individual stock
or stock complex, including the Aggregate Other sockeye salmon stock
complex.
Coho Salmon
Comment 13: The 2025 harvest specifications assume that the three
streams used for coho assessments in the Mat-Su [Matanuska-Susitna
Valley] are representative of all 1,200 plus streams occupied by coho
north of the Anchor Point line. Which of the three coho assessments did
NMFS use to determine the drastically reduced 2025 harvest
specifications?
Response: As described in the 2025 SAFE report, the coho salmon
indicator stocks that are used to assess status determination criteria
for the Aggregate coho salmon stock complex (Deshka and Little Susitna
rivers) were selected from streams that are considered to have a
reliable history of spawning escapements. These two coho salmon
indicator stocks were also used to assess status determination criteria
in the 2024 SAFE report and establish 2024 harvest specifications.
ADF&G has monitored these stocks and has established spawning
escapement goals, and the associated annual spawning escapement
estimates represent the best scientific information available for
assessing status determination criteria for the stock complex (Section
4.6.2 of the final 2025 SAFE report). For 2024, the indicator stocks
had historically low spawning escapements and harvest estimates across
fisheries, indicating an overall state of low abundance for the coho
salmon stock complex.
The final 2025 SAFE report contains a discussion about spawning
escapement estimates for the coho salmon stock complex. The SSC
reviewed the final 2025 SAFE report and, after considering the
historically low spawning escapements (and harvests) during 2024,
recommended an ABC for this stock complex with a large (75 percent)
buffer between the preseason OFL and the ABC. After considering
recommendations from the SSC and public testimony, the Council
recommended a TAC set equal to ABC and NMFS agreed that it could rely
on its inseason management tools to avoid exceeding the ABC/ACL for the
coho salmon stock complex and that the buffer between OFL and ABC was
sufficiently precautionary to prevent overfishing in light of available
data and significant scientific uncertainty. The NMFS assessment
authors will continue to review and assess available coho salmon
spawning escapement data in future years.
Overfishing
Comment 14: Additional analysis of the populations should be
conducted to ensure that the Kenai River Late-Run sockeye salmon are
not threatened by overfishing.
Response: The final 2025 SAFE report contains an assessment of the
Kenai River Late-Run sockeye salmon stock (Section 4.2). As discussed
in the final 2025 SAFE report, there is extensive assessment
information for this stock and current estimates suggest that this
stock has consistently achieved or exceeded its spawning escapement
goals (Section 4.2.3), with no indications that the stock is threatened
by overfishing. Furthermore, the A16 EA/RIR (Sections 2.5 and 3.1) and
EA for these 2025 harvest specifications (Sections 3.3 and 3.4) provide
a robust analysis on all salmon species occurring in the Cook Inlet EEZ
Area. Continued analysis of all salmon stocks is expected to prevent
overfishing within the Cook Inlet EEZ Area, consistent with the
Magnuson-Stevens Act and National Standard 1.
Inseason Sampling
Comment 15: We suggest that NOAA incorporate inseason genetic
sampling into its management plan for the Cook Inlet EEZ. We support
either subsampling of commercial fish caught in the EEZ, or the
implementation of a test fishery like ADF&G formerly operated between
Anchor Point and the Red River Delta combined with genetic sampling.
Response: NMFS acknowledges that establishing an inseason genetic
sampling program would provide additional important data to inform
inseason management decisions and postseason analyses. In the absence
of such data, NMFS will continue to rely on ADF&G's genetic stock
contribution estimates for its assessment of stocks harvested in the
Cook Inlet EEZ Area, which currently represents the best scientific
information available.
NMFS also acknowledges that a test fishery could provide important
inseason abundance information to inform inseason management and could
provide a platform for conducting genetic and other sampling to inform
stock composition in the Cook Inlet EEZ Area. However, development of
additional data sources are outside the scope of this action.
Small Entities and Economic Importance
Comment 16: The maximum revenue cap on fishing entities discourages
overfishing and allows for more opportunities for small fishing
entities. The measure of restricting fishing to only small entities
provides protection to both the fish species in the region and to the
local fisherman that make their livelihoods in the Cook Inlet.
Response: This rule does not establish a maximum revenue cap on
individual fishing entities. Neither this harvest specifications rule
nor any other rule that governs fishing in the Cook Inlet EEZ Area
establish a maximum revenue cap that would prevent participation by
fishing entities that do not meet the small entity definition in the
Regulatory Flexibility Act (5 U.S.C. 601). There are no restrictions
based on the size of an entity for the Cook Inlet EEZ Area and
[[Page 25513]]
all of the directly regulated entities that participate in this fishery
are considered small entities. This harvest specifications rule
provides fishing opportunities within the EEZ and each entity's total
revenue depends on its fishing success and market prices.
Comment 17: NMFS's incomplete and inadequate Salmon FMP is damaging
those of us who depend on this fishery for our livelihoods.
Response: NMFS acknowledges the economic importance of this fishery
to participants. While the management measures implemented by amendment
16 to the Salmon FMP are outside the scope of this action, NMFS
disagrees that the FMP is incomplete or inadequate. In compliance with
all National Standards, Federal regulations at 50 CFR parts 600 and
679, and the Salmon FMP; these harvest specifications provide the most
fishing opportunity possible in light of the best scientific
information available regarding the condition of each stock or stock
complex, while ensuring that harvest levels will not result in
overfishing on less abundant stocks. Additionally, as noted in the
responses to Comments 6 and 9, the 2025 TACs represent an overall
increase in potential harvest compared to the recent 10-year average
harvest levels in the Cook Inlet EEZ Area, and the TAC for sockeye
salmon is substantially higher than the recent 10-year average.
National Standards
Comment 18: The proposed harvest specifications potentially violate
all of the Magnuson-Stevens Act's National Standard requirements.
Response: NMFS disagrees and has determined that the harvest
specifications are consistent with all of the Magnuson-Stevens Act's
National Standards.
Consistency with National Standard 1 is addressed in more detail in
several responses to comments, including the responses to Comments 1,
5, 6, 7, and 9. In brief, 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. These 2025 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.
Consistent with National Standard 2, the data, estimates, and
analyses used to conduct the stock assessment analyses and calculate
status determination criteria are based upon the best scientific
information available and were reviewed by the SSC, which recommend
OFLs and ABCs. After considering recommendations by the SSC and public
testimony, the Council recommended TACs which NMFS adopts and
implements in this final rule. The responses to Comments 5 and 6
provide additional general discussion of the scientific basis of these
harvest specifications.
Consistent with National Standard 3, this action manages all salmon
stocks as a unit throughout their range to the extent practicable.
These specifications establish harvest limits for all salmon fishing in
the Cook Inlet EEZ Area under NMFS's jurisdiction, while considering
all other salmon fishing and management in other jurisdictions. These
specifications will ensure that no stocks are subject to overfishing or
are overfished, and are consistent with NMFS's obligation to achieve OY
on a continuing basis over the long term.
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. 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 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 and 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 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, while
also preventing overfishing on the stocks or stock complexes caught in
fisheries throughout Cook Inlet. This includes maintaining conditions
for fishing communities dependent on salmon fishing in the Cook Inlet
EEZ Area as well as those dependent on 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.
Directed Fishing Closures and Inseason Adjustments
In accordance with 50 CFR 679.118(c)(1)(i), NMFS will prohibit
commercial 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. NMFS will publish a temporary
rule in the Federal Register on such inseason adjustments or directed
fishing closures. In addition, such changes to the salmon fishery 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.
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 from the proposed rule.
Classification
NMFS is issuing this final 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
[[Page 25514]]
Administrator has determined that this final rule is consistent with
the Magnuson-Stevens Act, the Salmon FMP, and other applicable laws.
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 open by the
start date set in regulation. Immediate effectiveness of the final 2025
harvest specifications will allow the Federal fishery to start on June
19, 2025 (the same day as the State drift gillnet fishery), thus
preventing confusion that could occur if the State of Alaska and
Federal fisheries opened on different dates, as many vessels
participate in both fisheries. 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 fishing operations. These final 2025
harvest specifications, as well as the earlier proposed harvest
specifications, were developed as quickly as possible given the
availability of essential data and required review. The SSC provided
review of the SAFE report at the February 2025 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 4, 2025.
NMFS then offered a 32 day public comment period on the proposed
harvest specifications, which closed on May 5, 2025. 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 19, 2025, opening date
for the Cook Inlet EEZ Area commercial fishery.
This action is exempt from review under Executive Order 12866. This
final rule is not a regulatory action under Executive Order 14192. To
provide for meaningful and timely consultation or engagement in the
development of this action, NMFS invited Tribes to participate in
consultation or engagement. No Tribes requested consultation or
engagement. One Tribe (the Chickaloon Village Traditional Council)
submitted a comment letter on the proposed rule and expressed concern
over the TAC for Aggregate Other sockeye salmon and the need for
inseason genetic sampling as well as a test fishery. Comments submitted
by Tribal officials have been addressed in the preamble to the final
rule (in Response to Comments), specifically in the response to
Comments 12 and 15. A Tribal summary impact statement under section
(5)(b)(2)(B) and section (5)(c)(2) of Executive Order 13175 was not
required for this final rule because this action does not impose
substantial direct compliance costs on Indian Tribal Governments and
this action does not preempt Tribal law.
NMFS prepared an EA for the 2025 Cook Inlet EEZ Area salmon fishery
harvest specifications, which incorporates by reference the A16 EA/RIR
to the Salmon FMP (see ADDRESSES). NMFS concluded that there will be no
significant impact on the human environment as a result of this rule,
which will not change the spatial or temporal distribution of the
fishery, and that this action is expected to result in harvests
consistent with historical levels, will prevent overfishing, and is
intended to be of limited duration as the TACs are recommended
annually. A copy of the EA is available from NMFS (see ADDRESSES).
This action does not modify recordkeeping or reporting requirements
or duplicate, overlap, or conflict with any Federal rules.
This final rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
Final Regulatory Flexibility Analysis
Section 604 of the Regulatory Flexibility Act (RFA) (5 U.S.C. 604)
requires an agency that 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, to prepare a final regulatory
flexibility analysis (FRFA). The following constitutes the FRFA
prepared for these final 2025 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 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 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 in the Background section of this final rule and are not
repeated here.
NMFS published the proposed rule on April 4, 2025 (90 FR 14771).
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 5, 2025. One commenter expressed
support for the continued participation of small entities in the Cook
Inlet salmon fishery (see Comment 16 and the response in the Response
to Comments section above). Another commenter noted the livelihoods
that depend on this fishery were being harmed by the Salmon FMP (see
Comment 17 and the response in the Response to Comments section above).
No comments were received specifically on the IRFA.
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
[[Page 25515]]
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, https://www.sba.gov/document/support-table-size-standards.
Number and Description of Small Entities Regulated by This Final Rule
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 Commercial Fisheries Entry Commission
(CFEC) drift gillnet (S03H) permit, NMFS does not expect participation
from non-S03H permit holders in the federally-managed commercial 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 annual average of 552 S03H permits in
circulation, with an average of 311 active permit holders (based on
fish ticket data from CFEC), 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 EA (see ADDRESSES) provides the most recent
tabulation of commercial charter vessels that could potentially fish
for salmon within the Cook Inlet EEZ Area and are consistent with the
data described in this rule.
The commercial fishing entities directly regulated by these 2025
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., an average of 552 permits, with an average of 311
active permit holders). The average of 552 permits may be an
overstatement of the number of directly-regulated small entities since
some entities may hold more than one permit and some permits are not
active.
The commercial charter fishing entities directly regulated by these
2025 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 annual total number of directly regulated charter vessel small
entities that have participated in the Cook Inlet EEZ Area has been as
high as 377 permit holders. 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
This action to implement 2025 harvest specifications for the Cook
Inlet EEZ Area salmon fishery 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 described in the
Salmon FMP and regulations implementing the Salmon FMP, and
specifically provisions on the determination of harvest levels for
salmon in the Cook Inlet EEZ Area (50 CFR 679.118(a) and (b)). Under
this process, the OFL, ABC, and TAC must be specified annually for each
salmon stock or stock complex. 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 these final 2025 harvest specifications for salmon in the Cook
Inlet EEZ Area, NMFS prepared the preliminary 2025 SAFE report and
consulted with the Council, consistent with the Salmon FMP and
implementing regulations. The final TACs are based on the final SAFE
report, which represents the best scientific information currently
available for the stock and stock complexes identified by NMFS. These
final TACs have been developed in a manner consistent with the process
provided for determining harvest levels in the Salmon FMP and
implementing regulations. In light of the manner in which the fishery
will operate--including the limited number of fishing periods--and
NMFS's ability to monitor the TAC for each salmon species and implement
inseason closures as necessary, as well as NMFS's success last year in
monitoring and managing the fishery to ensure no ABC was exceeded, NMFS
has determined that these TACs will ensure that the ABC (and therefore
ACL) for any stock or stock complex is not exceeded and will prevent
overfishing. In addition, the TACs for combined sockeye salmon provide
sufficient opportunity for harvest and are above the recent 10-year
average estimated EEZ harvest.
Under this action, the 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 may be made based
on social and economic considerations, including the need to promote
efficiency in the utilization of fishery resources, including
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)). In this action, the TACs are set equal to ABCs and
account for these considerations. TACs cannot be set higher than the
ABCs.
[[Page 25516]]
This action is economically beneficial to entities operating in the
Cook Inlet EEZ Area salmon fishery, including small entities. This
action adopts TACs for commercially-valuable salmon stocks at levels
that allow for the prosecution of the salmon fishery in the Cook Inlet
EEZ Area to the extent possible based on the identified uncertainty and
other factors discussed above and in response to Comment 16, thereby
maximizing the opportunity for fishery revenue, while also preventing
overfishing. The TACs for each commercially-valuable salmon stock or
stock complex, except for Aggregate coho, are higher than the recent
ten-year average catch harvested in the Cook Inlet EEZ Area, and this
increase may allow for additional harvest opportunity. For each salmon
species for which NMFS establishes harvest specifications, NMFS
determined that the final 2025 TACs will provide harvest opportunities
for entities operating in the Cook Inlet EEZ Area, including small
entities. These TACs cannot be set higher during 2025 because all TACs
have been set equal to ABCs (but cannot be set higher than those ABCs)
and the biological condition of each species does not support higher
ABCs (and therefore TACs). For these reasons, there are no alternative
TACs that would reduce impacts to small entities.
Based upon the best scientific information available and in
consideration of the objectives for this final action, there are no
significant alternatives to this final 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 NMFS issued a proposed rule and considered
public comment on the proposed rule, NMFS is implementing the TACs
recommended by the Council, as NMFS has determined that would best
accomplish the stated objectives articulated in the preamble for this
final rule, and in applicable statutes, and that would minimize to the
extent practicable adverse economic impacts on directly regulated small
entities.
Small Entity Compliance Guide
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996, as amended (Small Business Regulatory Enforcement Fairness
Act, Pub. L. 104-121, 110 Stat. 857), 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.'' This final rule's
primary purpose is to establish the final 2025 harvest specifications
for the salmon fishery of the Cook Inlet EEZ Area, and to accomplish
the goals and objectives of the Salmon FMP.
The table contained in this final rule is provided online at:
https://www.fisheries.noaa.gov/alaska/commercial-fishing/salmon-management-federal-waters-cook-inlet-cook-inlet-eez and serves as the
small entity compliance guide to assist small entities in complying
with this final rule as required by the Small Business Regulatory
Enforcement Fairness Act. NMFS will announce other closures or openings
of directed fishing in the Federal Register and information bulletins
released by the Alaska Region.
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 13, 2025.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2025-11159 Filed 6-16-25; 8:45 am]
BILLING CODE 3510-22-P