BILLING CODE 3510-22-P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 240612-0158]
RTID 0648-XD877
Fisheries of the Exclusive Economic Zone Off Alaska; Cook Inlet; Final 2024
Harvest Specifications for Salmon
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; harvest specifications.
SUMMARY: NMFS announces the final 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: Harvest specifications and closures are effective at 0700 hours, Alaska local
time (A.l.t.), [INSERT DATE OF FILING FOR PUBLIC INSPECTION IN THE
FEDERAL REGISTER], until the effective date of the final 2025 harvest specifications
for the Cook Inlet EEZ Area.
ADDRESSES: A plain language summary of this rule is available at
https://www.regulations.gov/docket/NOAA-NMFS-2024-0028.
Electronic copies of the Environmental Assessment (EA)/Regulatory Impact
Review/Social Impact Review (collectively, the Analysis) for 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-salmonfisheries-alaska. The final 2024 Stock Assessment and Fishery Evaluation (SAFE) report
for Cook Inlet salmon is available on the Alaska Region website at
https://www.fisheries.noaa.gov/alaska/population-assessments/alaska-stock-assessments.
FOR FURTHER INFORMATION CONTACT: Adam Zaleski, 907-586-7228,
adam.zaleski@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
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 2024 harvest specifications for the Cook Inlet EEZ Area were
published in the Federal Register on April 12, 2024 (89 FR 25857). Comments were
invited and accepted through May 13, 2024. NMFS received 21 letters and 19 distinct
comments during the public comment period for the proposed 2024 Cook Inlet EEZ Area
harvest specifications. NMFS responses are addressed in the Response to Comments
section below. After considering public comments submitted for the proposed rule (89
FR 25857, April 12, 2024), NMFS is implementing the final 2024 harvest specifications
for the salmon fishery of the Cook Inlet EEZ Area consistent with the Scientific and
Statistical Committee’s (SSC) fishing level recommendations and that account for the
significant management uncertainty associated with this new fishery.
Final 2024 Overfishing Levels (OFL), Acceptable Biological Catch (ABC), and Total
Allowable Catch (TAC) Specifications

The final 2024 SAFE report contains a review of the latest scientific analyses and
estimates of biological parameters for five salmon species, and because harvest
specifications must be in place before the fishery begins, the SAFE report relies on
forecasts of the coming year’s salmon runs. The 2024 forecasted returns, and,
consequently, the OFLs, ABCs, and TACs were developed by NMFS and reviewed by
the SSC. Status determination criteria (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 the final 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 to inform the 2024 harvest specifications.
Amendment 16 to the Salmon FMP specifies the tiers used to calculate OFLs and
ABCs. The tiers applicable to a particular stock or stock complex are determined by the
level of reliable information available. This information is 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 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).
The SSC, Advisory Panel (AP), and North Pacific Fishery Management Council
(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 stock complex. The SSC further
recommended changing the buffers that reduce ABC from the OFL for aggregate
Chinook, aggregate pink, and aggregate chum salmon to be sufficiently precautionary.

For each stock and stock complex, 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 implementing the OFLs and ABCs 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 final
specifications are based on the final 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.
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 final 2024 SAFE, SSC recommendations, and with National Standard 1.
ABC is less than or equal to the OFL for each stock and stock complex. TACs are
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 during the
fishing season. TACs for each species are 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 and stock complex.
NMFS is publishing the final 2024 harvest specifications after: 1) considering
comments received within the comment period (see DATES); 2) considering information
presented in the Analysis (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)).
The final 2024 OFLs, ABCs, and TACs are based on the best scientific
information available. The SAFE report was subject to peer review by the SSC, which
recommended ABCs in table 1, as is consistent with §§ 600.310(f)(3) and 600.315(c)-(d).
The 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 50 CFR 679.118(a)(2)), 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.

Table 1 -- Final 2024 Cook Inlet EEZ Area Salmon OFLs, ABCs, and TACs in
numbers of fish
Stock1
OFL
ABC
TAC
Kenai River Late-Run sockeye
902,000
431,100
salmon
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
1The TAC for sockeye salmon is combined for Kenai River Late-Run, Kasilof River, and
aggregate other sockeye salmon because of the mixed stock fishery.
Response to Comments
NMFS published its proposed harvest specifications on April 12, 2024 (89 FR
25857) and accepted public comment for 31 days, closing on May 13, 2024. NMFS
received 21 letters with 19 distinct comments during the public comment. The comments
were from individuals, environmental groups, local governments, commercial fishing

organizations, tribes and tribal members, individual drift gillnet fishermen, and the
United Cook Inlet Drift Association.
Scope of the Harvest Specifications
Comment 1: NMFS needs to revise the Cook Inlet EEZ Area salmon fishery
management measures implemented under amendment 16, including the use of a TAC,
fishing dates and times, net length, recordkeeping and reporting, vessel monitoring
systems, authority to issue Emergency Orders, refusal to honor Commercial Fisheries
Entry Commission (CFEC) limited entry permits, research, a tribal fishery, and tribal
engagement on amendment 16.
Response: These comments address topics outside the scope of the harvest
specifications. Responses to any of these comments that were submitted regarding
amendment 16 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). The
comment period for amendment 16 ended on December 18, 2023. The rulemaking for the
proposed and final harvest specifications sets the OFLs, ABCs, and TACs for the salmon
fisheries of the Cook Inlet EEZ Area, and this action does not change any of the fishery
management policies adopted under amendment 16.
Many of these comments asserted that the use of a TAC is not appropriate for
salmon. As stated in the previous paragraph, the use of TACs was established by
amendment 16 and its implementing regulations. These harvest specifications establish
the amount of the TACs for salmon during the 2024 fishing year to accomplish the goals
and objectives of the Salmon FMP. Therefore, any comments related to the use of a TAC
are outside the scope of the harvest specifications.
Also, NMFS will monitor the fishery daily and use inseason management
measures and adjust the TAC, if practicable and supported by the best scientific
information available, to ensure that catch amounts are appropriate for the realized run

strength. NMFS determined the TACs for the Cook Inlet EEZ Area are suitably
precautionary to avoid overfishing.
Total Allowable Catch (TAC) Amounts
Comment 2: The TACs proposed by NMFS for the Cook Inlet EEZ Area are set
too low and will cause foregone harvest and over-escapement. Additionally, the 2024
forecast from State of Alaska Department of Fish and Game (ADF&G) is for 3.72 million
sockeye, minus 1 million for the dip net/recreational fishery, which would leave about 2.7
million sockeye theoretically available for commercial harvest. There is no east side set
net fishery again in 2024. There should be 2.7 million sockeye available for commercial
users, only drift gillnet gear type is authorized for those commercial users, and 65 percent
of the catch occurs in the EEZ, so the TAC would need to be set at least 1.7 million
sockeye. For sockeye salmon, the TAC of 492,100 sockeye is too low as a result of
buffers that are disproportionately conservative relative to other salmon stocks given their
high abundance.
Response: NMFS disagrees that the 2024 Cook Inlet EEZ Area TAC of 492,100
sockeye salmon is too low and disproportionately conservative. NMFS also disagrees that
the TAC should be 1.7 million sockeye salmon. The commenter’s proposed TAC of 1.7
million sockeye salmon relies on incorrect assumptions of historical EEZ harvests, is not
based on the preseason forecast method described in the final 2024 SAFE report, does not
account for scientific uncertainty in reducing the pre-season OFL to the resulting ABCs
recommended by the SSC, and does not account for management uncertainty in setting
the TAC less than the combined ABCs.
NMFS disagrees with the commenter’s characterization of the methodology used
in the Federal harvest specifications for setting OFLs, ABCs, and TACs. As described in
section 4.5.1.2.3 of the Analysis, the best available estimates of historical harvests
indicate that, contrary to the commenter's contention, 47 percent (not 65 percent) of the

Cook Inlet drift gillnet harvest have occurred in EEZ waters. Thus, the commenter
overstates the proportions of historical harvests that are estimated to have occurred in
Cook Inlet EEZ Area and, as a result, overestimated the number of sockeye salmon
available for harvest by the drift gillnet fleet as described in the final 2024 SAFE report
and determined by the Federal TAC setting process. In addition, the ADF&G preseason
harvest estimate of 3.72 million sockeye salmon (across all fisheries) that is referenced by
the commenter—which the commenter alleges should leave 2.7 million sockeye available
for commercial harvest—was not available in time to be included in the final 2024 SAFE
report for review by the SSC at the February 2024 Council meeting. Further, even
assuming these numbers were accurate, the 2.7 million sockeye the commenter argues
should be available for commercial harvest represents something akin to an OFL (i.e., the
maximum number of fish theoretically available for harvest before accounting for
scientific and management uncertainty) and does not represent a scientifically-defensible
ceiling for total commercial harvest. The combined 2024 OFL for sockeye under these
harvest specifications is 2.33 million fish prior to accounting for scientific and
management uncertainty, and the OFLs were based on the best scientific information
available in time for SSC review. And as described in the final 2024 SAFE report,
historical harvests, not total run size was used to set harvest specifications for the Tier 3
aggregate other sockeye salmon stock complex. Therefore, the combined preseason
harvest estimate provided by the commenter, in addition to being erroneously inflated for
the reasons described previously, is not directly comparable to estimates of total run size
and OFL described in the final 2024 SAFE report.
As described in section 5 of the final 2024 SAFE report, for Tier 1 stocks of
sockeye salmon (i.e., Kenai and Kasilof river stocks), preseason total run size forecasts,
which were based on the best scientific information available in time for SSC
consideration, were reduced by the SSC-recommended spawning escapements and likely

ADF&G harvests to result in OFLs of 901,932 sockeye salmon for the Kenai River and
541,084 sockeye salmon for the Kasilof River (1,443,016 fish combined for Tier 1
stocks). For the Tier 3 aggregate other stock, the SSC recommended an OFL of 887,500
fish by relying on estimated maximum historical annual catch.
After defining OFL for each stock or stock complex, the SSC recommends ABCs
consistent with section 302(g) of the Magnuson-Stevens Act. An ABC is “a level of a
stock or stock complex’s annual catch, which is based on an ABC control rule that
accounts for the scientific uncertainty in the estimate of [OFL], any other scientific
uncertainty, and the Council’s risk policy” (50 CFR 600.310(f)(1)(ii)). After considering
scientific uncertainty in the calculation of OFLs for the Tier 1 stocks, including the
historical accuracy of the estimates of run size and ADF&G harvests, the SSC
recommended ABCs of 431,123 sockeye salmon for the Kenai River and 375,512
sockeye salmon for the Kasilof River (806,635 combined ABC for Tier 1 stocks). As
described in section 5 of the final 2024 SAFE report, for the data-poor Tier 3 aggregate
other sockeye salmon stock complex, the SSC recommended a higher buffer to account
for the greater scientific uncertainty and significant data gaps for this stock complex, and
ultimately recommended an ABC of 177,493 sockeye salmon. Thus, even prior to NMFS
considering management uncertainty in setting a TAC for sockeye salmon, the sum of the
2024 SSC-recommended ABCs for sockeye salmon in the Cook Inlet EEZ Area (984,128
sockeye salmon) is considerably lower than the TAC recommended by the commenter
(1.7 million sockeye salmon).
TAC is reduced from ABC to account for management uncertainty, which
includes “[l]ate catch reporting; misreporting; underreporting of catches; lack of
sufficient inseason management, including inseason closure authority; or other factors.”
(50 CFR 600.310(f)(1)(v); see also 50 CFR 600.310(g)(4)). NMFS set the combined
sockeye salmon TAC below the SSC’s recommended ABCs to account for management

uncertainty for this new fishery and to prevent catch in the EEZ from exceeding the
annual catch limit, consistent with the Magnuson-Stevens Act and National Standard 1
guidelines (see 50 CFR 600.310(g)(4), providing that TACs should account “for
management uncertainty in controlling the catch at or below the [annual catch limit],”
which is equal to ABC for this fishery). In particular, NMFS considered the uncertainty
associated with the efficacy and timeliness of catch reporting in a new fishery and the
uncertainty associated with managing a mixed stock fishery in which certain weak stocks
are at risk of missing their spawning escapement goals. At present, weak stocks’ relative
contribution to total EEZ harvest remains an estimate. The management uncertainty
associated with the achievement of escapement targets for weak stocks is a separate
consideration from the scientific uncertainty that was explicitly addressed in the SSCrecommended buffers that reduced the ABC from the OFL (i.e., uncertainty of total run
size estimate and uncertainty of ADF&G harvests).
For the Tier 3 aggregate other sockeye salmon stock complex, NMFS considered
the management uncertainty associated with the achievement of the escapement goals for
the indicator stocks in the stock complex. For that stock complex, NMFS determined that
a 50 percent buffer of the ABC would result in harvests of the stock complex that
approximate those estimated to have occurred during recent years (e.g., compared with
recent 5-year and 10-year averages) and, as such, that this level of harvest would
generally also allow the achievement of spawning escapements to the indicator systems
of the stock complex. However, as some indicator systems for this stock have not always
achieved their spawning escapement targets during recent years, NMFS was justified in a
applying a buffer that did not result in a large increase in the amount of harvest for this
stock in the EEZ, especially during the first year of the fishery. Due to the mixed-stock
nature of the Cook Inlet EEZ Area fishery, the 50 percent buffer was applied to all stocks
of sockeye salmon because the fleet cannot target any of the stocks in isolation, and

NMFS must manage to ensure no harm is done to the stock complex that is most
vulnerable to missing its escapement goals. NMFS cannot differentiate among stocks of
the same species inseason, and NMFS is relying on estimates of relative sockeye stock
contributions to total harvest in setting a combined TAC. NMFS must therefore account
for considerable management uncertainty, justifying a 50 percent buffer to ensure no
stock exceeds its ACL (equal to ABC). The combined TAC of 492,100 sockeye salmon is
somewhat higher than recent levels of sockeye harvest in the EEZ (recent 10-year
average estimated EEZ harvest of approximately 397,393 sockeye salmon).
Fishing in the Cook Inlet EEZ Area targets mixed stocks of salmon that have
varying levels of abundance and surplus yield. Conservation measures to prevent
overfishing on salmon stocks that are less abundant and/or for which there is less
available information to assess run strength are a primary driver of foregone yield to the
more abundant stocks. Allowing a higher TAC to harvest surplus yield for more abundant
stocks in the EEZ would create a significant risk of not meeting escapement goals for less
abundant stocks and reduce or eliminate the harvestable surplus of these stocks available
to all other salmon users. The 2024 TACs are appropriate for a new Cook Inlet EEZ Area
fishery and will prevent harvest from exceeding the ABC, as required by the MagnusonStevens Act and National Standard guidelines (50 CFR 600.310(f)(1), (2), (3)).
The Magnuson-Stevens Act has no prohibition against foregone harvest, explicitly
mandates that NMFS prevent overfishing, and states that foregone harvest is necessary
when additional harvest of an abundant stock would also result in harvest of species for
which there is a conservation concern. Therefore, in determining harvest limits for a
mixed stock fishery, NMFS cannot look at the more abundant stocks in isolation.
Crucially, the commercial drift gillnet fleet has no means of targeting only one specific
stock of salmon while fishing, so harvest limits must account for the assumed
contribution of each stock to total harvest. Additionally, harvest limits are appropriately

limited to EEZ waters (where NMFS has management authority) and defined so as to
identify the amount of cumulative harvest of all co-occurring EEZ stocks that both
provides harvest opportunity to the greatest extent practicable while preventing
overfishing (supported by the best available scientific information). This is consistent
with NMFS's approach to salmon management on the West Coast where “weak stock”
management is required to avoid exceeding limits for the stocks with the most
constraining limits.
In addition, Federal regulations for setting salmon TACs provide that the Council
and NMFS should consider 1) the biological condition of salmon stocks and 2) social and
economic considerations (50 CFR 679.118(a)(2)). For these harvest specifications,
NMFS fully evaluated the biological condition of salmon stocks and social and economic
considerations in specifying TACs. This information is extensively described in Section
2.5.2.2 of the Analysis, with additional relevant biological information on each stock
provided in the Stock Status Summaries section of the 2024 SAFE report (Tier
determination and resulting OFL and ABC determination for 2024) and the sources
NMFS references within the SAFE Report.
Each year when setting harvest specifications, NMFS will evaluate the potential
harvest available in the Cook Inlet EEZ Area and will work to provide harvest
opportunities to the extent possible, subject to the constraints of scientific and
management uncertainty. As the information available to NMFS to manage salmon
fishing in the Cook Inlet EEZ Area improves through implementation of this new Federal
fishery management regime, it is possible that harvest levels could increase in the future.
At this time there is not available information for NMFS to manage specific
sockeye salmon stocks inseason and therefore NMFS will manage all sockeye salmon
stocks inseason with a single TAC that includes harvests from the Kasilof, Kenai, and
aggregate other sockeye salmon stocks. NMFS sets the combined sockeye salmon TAC

after considering the best scientific information available on the relative contribution of
each stock to the total catch. While there are currently no State of Alaska stocks of
concern for sockeye salmon in Upper Cook Inlet, there are significant data gaps. For
example, the lack of timely escapement data for the smaller spawning systems that make
up the aggregate other sockeye salmon stocks—for which there is significant harvest—
necessitates a precautionary approach to managing the fishery given the management and
data limitations described above. These considerations are described throughout sections
2.5 and 3.1 of the Analysis. Preventing overfishing on all stocks within the fishery is
consistent with NMFS’s mandate under the Magnuson-Stevens Act and National
Standard 1.
Comment 3: The TAC for the aggregate other sockeye salmon stock complex may
have a larger impact on the weaker sockeye stocks and is not conservative enough.
Response: NMFS set a combined TAC for all sockeye salmon in the Cook Inlet
EEZ Area, including for the stock complex it refers to in the harvest specifications as
“aggregate other sockeye salmon.” Drift gillnet fishing in the Cook Inlet EEZ Area
harvests multiple sockeye salmon stocks originating from systems throughout Cook Inlet.
There is no information currently available for NMFS managers to utilize to determine
genetic stock composition during the fishing season (i.e., how many sockeye from each
system are caught each day). Therefore, NMFS must manage using a combined sockeye
salmon stock TAC as a conservation measure to prevent overfishing on less abundant cooccurring salmon stocks. However, NMFS did use the historical genetic catch
composition data that is available post-season to set TACs that avoid exceeding the
SSC’s recommendation for each component stock. Given this information, NMFS does
not expect that the ABC for “aggregate other sockeye salmon” (which includes the
weakest sockeye salmon stocks in Cook Inlet) will be exceeded if the combined sockeye
salmon TAC is fully harvested. The TAC amount includes an additional reduction

between ABC and TAC to account for management uncertainty (see the response to
comment 2 for more detail).
Comment 4: The proposed TAC of 25,000 coho salmon is appropriate based on
the available, although extremely limited, information.
Response: NMFS agrees. Compared to other stocks, the 2024 SAFE report
supports, and the SSC recommended, a relatively conservative buffer for aggregate coho
salmon during 2024 due to the lack of information necessary to estimate total run size
and associated status determination criteria for the aggregate coho stock complex, and
genetic evidence showing that significant proportions of the coho salmon harvested by
the drift gillnet fleet are likely bound for Northern Cook Inlet drainages where indicator
stocks have not consistently achieved spawning escapement goals during recent years.
Therefore, in order to help ensure that spawning escapement goals are achieved, and
allow for at least some harvestable surplus for other users, NMFS selected a sufficiently
conservative coho salmon TAC.
In addition, the 2024 SAFE report also considered potential concerns about the
salmon prey available to endangered Cook Inlet beluga whales. This endangered species
occupies Northern Cook Inlet, including the far reaches of the Inlet when coho salmon
runs are present.
Comment 5: NMFS should reduce the TAC amounts in the 2024 harvest
specifications based on recommendations from the Council’s AP, the full Council, and
public comment.
Response: NMFS acknowledges the support for the TAC amounts based on the
OFLs and ABCs recommended by the SSC and the TACs recommended by the AP.
However, the Council ultimately did not recommend any harvest specifications. NMFS
did consider all feedback received at the February 2024 Council meeting when
establishing these harvest specifications.

Comment 6: NMFS violates the National Environmental Policy Act (NEPA) by
failing to consider alternatives other than its chosen TAC.
Response: NMFS disagrees. The Analysis analyzed the harvest specifications
process and expected outcomes, including the likely TAC amounts which were expected
to be near existing harvest levels, as well as alternatives to these TACs. These harvest
specifications are consistent with that analysis. TACs are the result of a scientifically
driven process following the National Standard 1 guidelines for determining OFL and
ABC. TACs are then set below the OFL and ABC to ensure that the ABC and ACL are
not exceeded after accounting for management uncertainty, as well as other social,
economic, and ecological factors (50 CFR 600.310(g)(4), 679.118(a)(2)). Prior to
selecting TAC amounts for each Cook Inlet salmon stock or stock complex, NMFS
considered values between zero and ABC, as well as the specific proposal provided by
the Council’s AP at the February 2024 Council meeting.
NMFS also considered alternative methods to establish the SDC in the Analysis,
which are the measurable and objective factors (e.g., maximum fishing mortality
threshold, OFL, and minimum stock size threshold) that NMFS uses to determine if
overfishing has occurred, or if the stock or stock complex is overfished. The harvest
specifications implement the preferred alternative from the Analysis (see section 2.5:
Alternative 3, Federal management). Further, NMFS followed the harvest specifications
process analyzed as an alternative in the Analysis by providing a draft SAFE report to the
SSC for their consideration in establishing the SDC. The SSC recommended ABCs for
each stock or stock complex and, after the Council failed to take action in recommending
TACs, NMFS proposed TACs in consideration of public testimony and based on the tier
system described in both the Analysis (section 2.5.2.2) and the final 2024 SAFE report.
NMFS is publishing these final harvest specifications after consideration of public
comment and consistent with the process established under amendment 16 and

implementing regulation (50 CFR 679.118(a)(b)). The responses to comments 2, 11, and
12 include discussion of the tier system used to establish TACs in further detail.
Comment 7: The TAC is much lower than the usual harvest in the Cook Inlet EEZ
Area and will make the fishery economically unviable. The projected TAC is so low that
it could be caught in just a few openers.
Response: NMFS disagrees that the TAC amounts in these harvest specifications
are much lower than the usual harvest in the Cook Inlet EEZ Area and will make fishing
economically inviable. The salmon TACs NMFS approves in these harvest specifications
are commensurate with, if not slightly higher than, the recent 10-year average of EEZ
harvests. For example, the 10-year average harvest of sockeye salmon in the EEZ is
estimated to be approximately 397,393 fish while the proposed EEZ TAC of sockeye
salmon is 492,100 fish. The appendices in the 2024 SAFE detail total catch, estimated
EEZ catch, and cumulative EEZ catch for each stock or aggregate stock.
Further, given the ADF&G’s current conservation measures for depressed stocks
of Chinook and coho salmon, it is expected that continued State of Alaska management
of commercial fishing in the Cook Inlet EEZ would have resulted in similar or lower
catch amounts in the EEZ area for this fishing year in order to meet escapement goals and
provide some harvestable surplus to the greatest range of users. Thus, compared to
baseline conditions— i.e., salmon management in the Cook Inlet EEZ by the State of
Alaska— these EEZ harvest limits are not expected to have adverse economic impacts.
Further, NMFS cannot authorize harvests above these limits without a serious risk that
weaker stocks would miss their escapement goals, possibly resulting in overfishing, as
well as serious economic impacts to other users also dependent on these salmon stocks
after they have moved through the Cook Inlet EEZ Area.
Comment 8: NMFS is interpreting “conservative management” as solely based on
a TAC rather than recognizing the importance of harvest rates in conjunction with net

length, run timing, and the Conservation Corridor as components of conservative
management.
Response: NMFS disagrees. As described in the response to comments 3 and 7,
the TACs were established with conservative buffers accounting for scientific and
management uncertainty in the context of the management measures implemented by
amendment 16 in Federal regulations. NMFS expects that the TACs implemented in
these harvest specifications are attainable, while also protective of weaker stocks, based
on the best scientific available information (e.g., run timing) and based on expected effort
under the regulations established by amendment 16 (e.g., net size). Other management
measures and the rationale for selecting them is described in the final rule implementing
amendment 16, but are outside the scope of this rule.
Comment 9: The harvest specifications violate the Magnuson-Stevens Act by
providing the commercial fishing sector with an insufficient percentage of total available
salmon for harvest in the Cook Inlet EEZ.
Response: NMFS disagrees. The Magnuson-Stevens Act does not require that
NMFS allocate a specific percentage of the harvest to the commercial fishing sector.
Nonetheless, NMFS expects that over 99.9 percent of the salmon harvested in Cook Inlet
EEZ Area will be harvested by the commercial salmon fishery sector, consistent with
historical trends and all applicable Magnuson-Stevens Act requirements. Further, the
TACs will provide fishermen an opportunity to harvest salmon commensurate with, if not
slightly higher than, the recent 10-year average of EEZ harvests, as explained in the
response to comment 7.
Stock Assessment and Fishery Evaluation (SAFE)
Comment 10: NMFS should work with ADF&G to develop indicator stocks to
determine strength in the Susitna River drainages.

Response: NMFS acknowledges that there are information gaps for management
of Cook Inlet salmon stocks, however this rule is based on the best scientific information
currently available, consistent with the Magnuson-Stevens Act (16 U.S.C. 1851(a)(2)).
As with all other federally-managed fisheries, NMFS will work with stakeholders, other
government agencies, Alaska Native Tribes, and academic institutions to improve the
level of scientific information available to manage this fishery over time to the extent
practicable.
Comment 11: Not adding in the number of fish counted over the upper
escapement goal which entered the river each year into any data formula for a TAC is an
unacceptable oversight.
Response: The comment does not describe or recommend a formula by which
escapements beyond the upper bound of the escapement goal should be considered in
setting a TAC, whether such a count should be used to re-evaluate a TAC inseason, or
whether the commenter wishes for such a count to be applied to TAC setting in future
years. As described in the final 2024 SAFE report, for Tier 1 stocks, the SAFE report
does consider the total run size, including harvests and escapement, of each salmon stock
in determining the OFL and the SSC’s recommended ABC, which formed the basis of
TAC in the proposed harvest specifications. In setting harvest limits for the Cook Inlet
EEZ Area, NMFS considers escapement in prior years in the stock assessment, which
informs the SAFE’s forecast of total run size for the current fishing year, and the
expected impact of each salmon fishery. This addresses the expected impact of
escapement values, including those in excess of escapement goals, on future run sizes, as
well the impact of management on fishery harvests of each salmon stock. While this
approach does indicate that some stocks may be able to support additional harvest, NMFS
must also consider the uncertainty associated with all of this information and account for
weaker stocks that would also be harvested concurrently. Data on total returns, harvest,

and escapement for the 2024 fishing season will be considered in the 2025 harvest
specifications to improve management and utilization, subject to the constraints of
uncertainty as well as ensuring a harvestable surplus for other salmon users.
For Tier 2 stocks the SAFE report identifies these as salmon stocks that would be
managed as a stock complex, where specific tributaries or drainages serve as indicator
stocks to estimate stock-specific harvest levels. However, the SAFE report did not
recommend any stock or stock complex be designated as Tier 2, because there may be
many tributaries for which spawning escapements are not assessed or are assessed with
methods for which the total numbers of spawners cannot be estimated with high
precision. Tier 2 may be used in future years as the Federal fishery develops and
management is able to improve with additional years of data.
There are currently no reliable estimates of total number of spawners or total run
size for the entire stocks and stock complexes in Tier 3; therefore, historical harvest data
were used in determining the OFLs for Tier 3 stocks and stock complexes as described in
the final 2024 SAFE report and Salmon FMP. The ABC for Tier 3 was reduced from the
OFL by a scientifically-informed buffer, which is conservative due to the lack of reliable
information for Tier 3 stocks. The buffers are discussed further in response to comment 2.
The methodology of using historical harvest for data-limited stocks is consistent with the
calculation of OFL for data-limited stocks managed under other FMPs (e.g., the FMPs for
groundfish), as is the use of conservative buffers (e.g., up to 75% reduction from OFL in
setting ABC) for the calculation of ABC (e.g., crab species managed under the FMP for
Bering Sea/Aleutian Islands King and Tanner Crabs).
Comment 12: We urge NMFS to use the mid-range of escapement goals instead
of the low-end and consider trends in weak stocks when setting their TAC.
Response: For Tier 1 stocks, NMFS had originally recommended using the lower
bound of the escapement goal to calculate SDC and associated harvest specifications to

the SSC at the February 2024 Council meeting. Under section 302(h)(B) of the
Magnuson-Stevens Act, the SSC provides recommendations for ABC and OFL that
prevent overfishing. The SSC reviewed all available information and instead
recommended that SDC and harvest specifications for the 2024 fishing season be based
on the number of spawners necessary to achieve maximum sustainable yield (SMSY).
Using SMSY resulted in a lower (more conservative) ABC for Tier 1 stocks than if the
lower bound of the escapement goals were used. NMFS then set the TACs below the
ABCs recommended by the SSC.
For Tier 2 stocks that are managed as a stock complex, escapement is an index of
spawners that may represent an unknown portion of the overall escapement. However,
the SAFE report did not recommend any stock or stock complex be designated as Tier 2
(see response to comment 11). For Tier 3 stocks, escapement data is poor and NMFS
currently cannot produce reliable estimates of abundance and instead relies of historical
harvest rates when recommending the OFL. ABCs for Tier 3 stocks are reduced from
OFL based on an appropriate buffer that accounts for scientific uncertainty. NMFS then
set the TACs for Tier 3 stocks below the ABCs recommended by the SSC.
Escapement
Comment 13: The proposed TACs will continue the trend of gross overescapements resulting in fewer fish returning in subsequent years, reduced future returns,
wasted foregone yield that is a National food source, a waste of interstate commerce, and
an economic disaster for fisherman and the communities.
Response: NMFS disagrees that escapements that exceed the current goals are
certain or will necessarily lead to negative impacts on the ecosystem. The majority of
Cook Inlet salmon harvests occur within State of Alaska waters and management. In
establishing harvest specifications, NMFS considers the scientific and management
uncertainty present, and the risk that the number of returning salmon will be lower than

forecasted. Because salmon fishing in the Cook Inlet EEZ Area harvests target salmon
runs before all other users in Cook Inlet, it is essential to ensure that enough salmon of all
stocks can pass through the Cook Inlet EEZ Area to meet escapement goals, while also
accounting for all subsequent mortality. Any salmon surplus to escapement goals may
still be harvested in State of Alaska waters after moving through the Cook Inlet EEZ
Area. Moreover, NMFS disagrees that escapement in excess of current goals will
necessarily negatively impact future salmon abundance.
In appendix 14 of the Analysis, the Kenai and Kasilof sections of the 2024 SAFE
report, and responses to comments in the amendment 16 final rule address the topic of
whether sockeye salmon spawning escapements above the upper bound of the
escapement goal (i.e., “over-escapements”) result in fewer returning adult fish in
subsequent years (i.e., density dependent effects, otherwise known as overcompensation).
Sockeye salmon spawning escapements above the upper bound of the spawning
escapement goals were included in spawner-recruitment analyses in the Analysis and the
SAFE. These larger spawning escapements have generally resulted in substantial yields
of adult sockeye salmon in future years, and, therefore, do not suggest that “overescapement” has resulted in density dependent effects. NMFS will continue to monitor
spawner-recruitment trends and will adjust its status determination criteria and harvest
specifications recommendations to the SSC if density dependent effects become evident.
National Standards
Comment 14: The proposed harvest specifications do not meet National Standard
1 requirements to manage the fishery based on maximum sustainable yield (MSY) or that
optimum yield (OY) will be achieved on a continuous basis.
Response: NMFS disagrees. 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. NMFS defined both OY
and MSY under amendment 16; neither are annual management targets and both
definitions are outside the scope of these harvest specifications. However, these harvest
specifications are consistent with National Standard 1 because they will prevent
overfishing while remaining consistent with NMFS’s obligation to achieve OY on a
continuing basis over the long term. NMFS established these harvest specifications to
prevent overfishing while considering all salmon stocks harvested, the limitations of
weak stock management, scientific uncertainty, management uncertainty, and harvest in
other salmon fisheries, as well as social, economic, and other ecological factors.
While the SSC’s harvest level recommendations account for scientific
uncertainty, they do not account for management uncertainty. NMFS must account for an
additional layer of management uncertainty through a reduction in harvest between ABC
and TAC, as required by National Standard 1 (50 CFR 600.310(f)(1)(v), (g)(4)). As a
result of this combination of factors, NMFS appropriately set TAC amounts for each
species.
Further, the summed TAC amounts across all species fall within the OY range
established by amendment 16 and can be achieved by the management measures
implemented by amendment 16. This action does not modify OY. To the extent this
comment is asserting that MSY and OY are improperly established, that is outside of the
scope of this action and is addressed in the amendment 16 final rule.
Comment 15: The harvest specifications do not comply with the decisions of the
U.S. Court of Appeals for the Ninth Circuit and the U.S. District Court for the District of
Alaska, the 10 National Standards of the Magnuson-Stevens Act, or other applicable
laws.
Response: NMFS disagrees. NMFS developed amendment 16 to comply with the
decisions of the Ninth Circuit Court of Appeals and the U.S. District Court for the

District of Alaska, the Magnuson-Stevens Act, and other applicable Federal law. NMFS
considered all Magnuson-Stevens Act requirements for FMPs and balanced the
competing demands of the National Standards in section 301(a) of the Magnuson-Stevens
Act when developing amendment 16. NMFS found amendment 16 to be consistent with
all 10 National Standards, as detailed in section 5.1 of the Analysis and further addressed
in responses to comments on the amendment 16 final rule under the National Standard
headings.
The harvest specifications are required to implement amendment 16 and allow a
fishery to open. NMFS cannot open a fishery without harvest specifications. NMFS has
determined that the harvest specifications comply with the National Standards. These
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. The response to comment 14 provides additional detail on consistency with
National Standard 1.
Consistent with National Standard 2 and as described in section 1 of the 2024
SAFE, the data, estimates, and analyses used to conduct stock assessment analyses are
based upon the best scientific information available, including a rigorous scientific stock
assessment and review process. Furthermore, tier selection for all stocks, methods used to
determine harvest specifications, MSY, OFL, and ABC were reviewed by the SSC and
incorporated their recommendations on fishing levels. The response to comment 18
provides additional discussion of the scientific basis of these harvest specifications.
Consistent with National Standard 3, this action manages all salmon fishing in the
Cook Inlet EEZ Area under NMFS’s jurisdiction, while considering all other fishing and
management, to ensure that no stocks are subject to overfishing or are overfished, and to
achieve OY.

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, as only one sector may commercially
harvest salmon in the Cook Inlet EEZ Area. 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/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 significant 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. This includes maintaining conditions for fishing
communities dependent on salmon fishing in the Cook Inlet EEZ Area as well as 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.
Comment 16: The Ninth Circuit Court said to not use ADF&G’s data to determine
a TAC as it has parochial concerns. All of the years used for data to set the TACs were
negatively affected by political management and should not legally be used for science.
Response: NMFS is not relying on ADF&G’s data to determine TACs for any
salmon stocks in the Cook Inlet EEZ Area, but rather is making determinations based on
the best scientific data available as described in the SAFE report and the Analysis (see
response to comment 15). The SAFE report generally uses catch and escapement data
from 1999 to 2023 because the data from these years are representative of the current
biological and environmental conditions affecting salmon productivity. Also, the data
from these years are representative of how the salmon fisheries throughout Cook Inlet
have developed and changed over time. This is also the period for which high quality and
comparable data for all Cook Inlet salmon fisheries was available. The Analysis
considers harvest and management data back to 1966. This is consistent with the SAFE
report and harvest specification approach for all other federally-managed fisheries in the
Alaska Region, which have changed over time in response to biological, environmental,
social, and economic factors. In addition, the catch and escapement data used in the
SAFE report and Analysis were peer reviewed and approved by the SSC, which agreed
that the data constitutes the best scientific information available. Ultimately, data on past
catch and escapement represents facts about the catch and escapement that occurred
during those years. No political decisions are relevant to the reliability of data regarding
total run sizes or escapement or other indices of abundance during the selected time

series. Finally, the commenter identified no other sources of data that NMFS could have
used.
Comment 17: This rule as presented simply adds to the long-term negative impact
on the health of the Alaska Native communities around Cook Inlet.
Response: NMFS acknowledges the importance of salmon to Alaska Native
communities and citizens in the Cook Inlet, and when there are declines in salmon
abundance, it results in adverse impacts to Alaska Native communities and citizens. As
described in the response to comment 7, these harvest specifications are expected to
maintain salmon harvests in the Cook Inlet EEZ Area near recent historical levels. They
are also expected to maintain existing salmon harvest opportunities in State of Alaska
waters throughout Cook Inlet. To the extent this comment is referring to the impacts of
amendment 16, these are addressed under the Tribal Summary Impact Statement and
Tribal Comments headings of the amendment 16 final rule. For discussion of the
potential economic impacts on communities from this action, see sections 4.7.1.3 to
4.7.1.4 and section 4.6.4 of the Analysis.
Comment 18: NMFS proposes that it applies the best scientific information
available, the unfortunate fact is that there is very limited science available. ADF&G
tracks what is caught in Cook Inlet, but there has been no effort to track what is caught
specifically in Federal EEZ waters, or when, or how many vessels and permits have been
applied to the catch effort. The proposed harvest specifications are not based on the best
scientific information or in fact any scientific information or data.
Response: NMFS used the best scientific information available to inform
estimates of previous harvests within the Cook Inlet EEZ Area, which includes
comprehensive fish ticket data including locale codes. It is always possible to develop
better information, but NMFS must make management decisions based on the best
scientific information available rather than the best scientific information possible. The

National Standard 2 guideline instructs NMFS to account for the risks associated with
scientific uncertainty and data gaps—which it did here—and acknowledges simpler
methodologies or greater proxies may be needed for data-poor fisheries (50 CFR
600.315(a)(2)-(3)). Previously, data regarding harvests, landings, and statistical areas in
Upper Cook Inlet were not required to and did not differentiate between State of Alaska
and Federal waters. Therefore, NMFS had to develop a methodology to estimate
historical salmon harvest in the Cook Inlet EEZ Area. The methodology used to develop
harvest estimates for the Cook Inlet EEZ Area is presented in section 4.5.1.2.3 of the
Analysis, along with a description of the associated uncertainties. This method and the
results were peer reviewed and approved by the SSC, which agreed that the Analysis and
harvest specification process rely on the best scientific information available. NMFS
received no comments providing additional data to estimate EEZ harvest and no
suggested alternate methodologies. NMFS cannot arbitrarily increase the attribution of
historical harvest to the EEZ in the absence of any supporting data. Therefore, NMFS
determined that the estimates presented in the Analysis constitute the best scientific
information available. See the response to comment 15 for additional discussion on
National Standard 2.
The 2024 SAFE report describes the State of Alaska’s stock definitions, including
the data, estimates, and analyses used to conduct stock assessments are: 1) accurate,
thorough, and complete (including documenting when escapement estimates were partial
or missing due to various circumstances); and 2) based upon the best scientific
information available, including a rigorous scientific stock assessment and review
process. The 2024 SAFE report also describes that, given the stock assessment results,
the resulting escapement targets represent ranges that are likely to result in sustainable
returns for all stocks, and maximum yield (at the stock level) for those stocks with
available spawner-recruitment information. The equations used to propose SDC and

harvest specifications for the 2024 SAFE report include escapement targets and—for Tier
1 stocks—associated point estimates of the number of spawners likely to result in the
MSY. These equations are consistent with National Standard 1 and 2 guidelines. The
Federal stock definitions in the 2024 SAFE report are based on several considerations,
including: 1) the availability and specificity of preseason forecasts; 2) the practical
limitations, including current genetics limitations, of monitoring and accounting for the
harvest of specific stocks of the same species in a mixed-stock fishery; 3) the relative
quality of the historical harvest records estimated to have occurred in the Cook Inlet EEZ
Area during previous years; and 4) other considerations. Data collected by NMFS during
the 2024 and future fishing years are expected to improve the scientific information
available for management of Cook Inlet salmon stocks. NMFS will collect the landings
information needed to directly and precisely determine EEZ harvests. NMFS will review
the information available to manage Cook Inlet salmon stocks each year, including any
data gaps and uncertainties. As data are collected on harvest that occurs solely within the
Cook Inlet EEZ Area, NMFS will include that information in its ongoing assessment of
what constitutes best available science for future management decisions.
Comment 19: In its 2024 SAFE report, NMFS fails to mention OY even once,
demonstrating that the chosen OY metric is not even scientifically significant when
discussing yield and harvest specifications. Rather than discussing the chosen metric of
OY, NMFS uses the term “potential yield,” which appears closer to an actual MagnusonStevens Act compliant definition of optimum yield for the “fishery.” NMFS’s SAFE also
clearly demonstrates the wasted yield that could be potential yield in the EEZ. The SAFE
appendix A1.1 shows the potential yield—after escapement, State of Alaska waters catch,
and EEZ catch—in the EEZ for the last two decades.

Response: This action does not modify OY. To the extent this comment is
asserting that MSY and OY are improperly established, that is outside of the scope of this
action and addressed in the amendment 16 final rule.
OY is not an annual management target that is addressed in a SAFE report, but
rather is a long-term objective (50 CFR 600.310(e)(3)(ii)). Consistent with SAFE reports
for all other federally-managed fish and shellfish stocks in the North Pacific, there is
limited or no discussion of OY in the Cook Inlet salmon SAFE report. SAFE reports
summarize the best scientific information available concerning the past, present, and
possible future condition of the stocks, marine ecosystems, and fisheries that are managed
under Federal regulation. It provides information to the Council and NMFS for
recommending and implementing, respectively, annual harvest levels from each stock,
documenting significant trends or changes in the resource, marine ecosystems, and
fishery over time, and assessing the relative success of existing State of Alaska and
Federal fishery management programs. A SAFE report can provide important
information to NMFS or a Council in determining whether the management regime can
achieve OY as defined in an FMP, or whether changes to management measures or the
OY may be warranted, consistent with the National Standard 1 guidelines. Under the
Magnuson-Stevens Act and based on the best available scientific information, NMFS and
the Council can revise as appropriate an OY, but such changes are outside the scope of
these harvest specifications.
For 2024, the sum of the final TAC amounts across all species, under these final
harvest specifications, fall within the OY range established by amendment 16, and can be
achieved by the management measures implemented by amendment 16. However, as
stated above, OY remains a long-term objective, but is not an annual requirement (50
CFR 600.310(e)(3)(ii)).
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 to the proposed rule.
Classification
NMFS is issuing this final rule pursuant to section 305(d) of the MagnusonStevens Act. The NMFS Assistant Administrator has determined that this final rule is
consistent with the Magnuson-Stevens Act, the Salmon FMP, and other applicable laws.
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 an 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 (see the
amendment 16 final rule at 89 FR 34718, April 30, 2024; see also the proposed rule at 88
FR 72314, October 19, 2023). The final EA analyzes the environmental, social, and
economic consequences of the amendment 16, including the salmon harvest
specifications, on resources in the action area. In the final rule implementing amendment
16, NMFS considered and addressed the public comments received during the comment
period for the amendment 16 proposed rule, as is consistent with the Magnuson-Stevens
Act, the Salmon FMP, and other applicable law, and a final EA and finding of no
significant impact, as is consistent with the National Environmental Policy Act and
implementing regulations, prior to the publication of the final harvest specifications.
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 underharvest of a TAC or to prevent overfishing, consistent
with § 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/rules-and-announcements/bulletins.
Final Regulatory Flexibility Analysis
A final regulatory flexibility analysis (FRFA) was prepared for this action.
Section 604 of the Regulatory Flexibility Act (RFA) (5 U.S.C. 604) requires that, when
an agency 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, the agency
shall prepare a FRFA. The following constitutes the FRFA prepared for these final 2024
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 proposed 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 proposed rule in 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 at the
beginning of the preamble in the Background section to this final rule and are not
repeated here.
NMFS published the proposed rule on April 12, 2024 (89 FR 25857). 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
13, 2024. No comments were received on the IRFA or on the economic impacts of the
rule on a general level.
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 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.
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 CFEC S03H permit, NMFS does not expect participation from nonS03H 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 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 (i.e., 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 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 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.
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.
The action under consideration is the final 2024 harvest specifications for the
Cook Inlet EEZ Area salmon fishery. The TAC is set to reduce the risk of overfishing
without the benefit of inseason harvest data but remains commensurate with or slightly
above the recent 10-year average estimated EEZ harvest.
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. 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 FMP. Under this process, harvest specifications
typically will be made annually for specifying the 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 will 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 will establish harvest specifications
prior to the commercial salmon fishing season. To inform the harvest specifications,
NMFS will 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 will 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 of
Alaska and Federal fishery management programs. The SAFE report will 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.
For the 2024 salmon specifications, NMFS prepared the draft SAFE and
consulted with the Council consistent with amendment 16 and the implementing
regulations. The final TACs are based on the SAFE report, 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 OFLs, ABCs, and TACs as
informed by the recommendations of the SSC and the consultation with the Council. The
TACs are therefore consistent with the process for determining harvest levels for salmon
in the Cook Inlet EEZ Area under amendment 16 and the supporting Analysis.
The OFLs and ABCs are based on recommendations prepared by NMFS in
January 2024 and were reviewed by the Council’s SSC in February 2024. The 2024
OFLs and ABCs are based on the best available science and revised analyses to calculate
stock abundance. The 2024 OFLs, ABCs, and TACs are consistent with the biological

condition of the salmon stocks as described in the 2024 SAFE report, which is the most
recent SAFE report.
Under this action, the ABCs reflect harvest amounts that are less than the
specified OFLs. The TACs set by NMFS do not exceed the biological limits (i.e., the
ABCs and OFLs) recommended by the SSC. The TACs are adjusted to account for other
social and economic considerations consistent with Salmon FMP goals for the Cook Inlet
EEZ Area and 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 50 CFR 679.118(a)(2)(ii)). The 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 adopts TACs for commerciallyvaluable 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 set 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. For each salmon species for which
NMFS establishes harvest specifications, NMFS determined the final TACs will provide
harvest opportunities for entities operating in the Cook Inlet EEZ Area, including small
entities. These TACs cannot be set higher because the biological condition of each

species does not support a higher TAC. For these reasons, there are no alternative TACs
that would reduce impacts to small entities.
In sum, based upon the best scientific information available and in consideration
of the objectives for this final action, it appears that there are no significant alternatives to
this final 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 and NMFS solicited input from stakeholders and after consultation with the
Council, NMFS sets TACs that NMFS has determined would best accomplish the stated
objectives articulated in the preamble for this final rule, and in applicable statutes, and
would minimize to the extent practicable adverse economic impacts on the universe of
directly regulated small entities.
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 operate under
Federal management as required by court order. Immediate effectiveness of the final
2024 harvest specifications will allow the Federal fishery to start on June 20, 2024, thus
preventing confusion between management by the State of Alaska and Federal
governments. 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 its fishing operations. These final harvest specifications, as well as the earlier
proposed harvest specifications, were developed as quickly as possible. The SSC
provided peer review of the SAFE report at the February 2024 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 12, 2024. NMFS then offered a 30-day public comment
period on the proposed harvest specifications, which closed on May 13, 2024. 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 20, 2024 opening date for the Cook Inlet EEZ Area commercial
fishery.
Small Entity Compliance Guide
Section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996
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.” The table contained in this final rule is provided online and serves as
the plain language guide to assist small entities in complying with this final rule as
required by the Small Business Regulatory Enforcement Fairness Act of 1996. This final
rule's primary purpose is to announce the final 2024 harvest specifications for the salmon
fishery of the Cook Inlet EEZ Area. This action is necessary to establish harvest limits
and associated management measures for salmon during the 2024 fishing year, and to
accomplish the goals and objectives of the Salmon FMP. This action affects all fishermen
who participate in the Cook Inlet salmon fishery. The specific OFLs, ABCs, and TACs,
are provided in table 1 in this final rule to assist the reader. This final rule also contains

plain language summaries of the underlying relevant regulations supporting the harvest
specifications and the harvest of salmon in the Cook Inlet area that the reader may find
helpful.
Information to assist small entities in complying with this final rule is provided
online. The OFL, ABC, and TAC table is individually available online at
https://www.fisheries.noaa.gov/alaska/commercial-fishing/cook-inlet-salmon-harvestspecifications. Harvest specification changes are also available from the same online
source, which includes applicable Federal Register notices, information bulletins, and
other supporting materials. NMFS will announce other closures or openings of directed
fishing in the Federal Register and information bulletins released by the Alaska Region.
Affected fishermen should keep themselves informed of such actions.
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 12, 2024.


Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs,
National Marine Fisheries Service.

[FR Doc. 2024-13357 Filed: 6/17/2024 8:45 am; Publication Date: 6/18/2024]