[Federal Register: November 13, 2007 (Volume 72, Number 218)]
[Proposed Rules]               
[Page 63871-63872]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13no07-27]                         

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

RIN 0648-AV62

 
Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish, 
Crab, Salmon, and Scallop Fisheries of the Bering Sea and Aleutian 
Islands Management Area

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Availability of amendments to fishery management plans; request 
for comments.

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SUMMARY: The North Pacific Fishery Management Council (Council) has 
submitted Amendment 88 to the Fishery Management Plan (FMP) for 
Groundfish of the Bering Sea and Aleutian Islands Management Area, 
Amendment 23 to the FMP for Bering Sea/Aleutian Islands King and Tanner 
Crabs, Amendment 12 to the FMP for the Scallop Fishery Off Alaska, and 
Amendment 9 to the FMP for Salmon Fisheries in the Exclusive Economic 
Zone Off the Coast of Alaska. These amendments, if approved, would 
revise the boundaries of the Aleutian Islands Habitat Conservation Area 
(AIHCA) described in each FMP. This action is necessary to ensure the 
boundaries of the AIHCA accurately reflect the Council's intent to 
prohibit nonpelagic trawling in those areas with minimal or no fishing 
and sensitive habitat, and to allow nonpelagic trawling in areas 
historically fished by this gear type. This action is intended to 
promote the goals and objectives of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act), the FMPs, and 
other applicable laws. Comments from the public are welcome.

DATES: Comments on the amendments must be received by close of business 
on January 14, 2008.

ADDRESSES: You may submit comments, identified by 0648-AV62, by any one 
of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal
    eRulemaking Portal http://www.regulations.gov;

     Mail: Sue Salveson, Assistant Regional Administrator, 
Sustainable Fisheries Division, Alaska Region, NMFS, P.O. Box 21668, 
Juneau, AK 99802; Attn: Ellen Sebastian, Records Officer;
     Hand delivery: 709 West 9th Street, Room 420A, Juneau, AK; 
or
     Fax: 907-586-7557, Attention: Sue Salveson.
    Instructions: All comments received are a part of the public record 
and will generally be posted to http://www.regulations.gov without 

change. All Personal Identifying Information (for example, name, 
address, etc.) voluntarily submitted by the commenter may be publicly 
accessible. Do not submit Confidential Business Information or 
otherwise sensitive or protected information. NMFS will accept 
anonymous comments. Attachments to electronic comments will be accepted 
in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only.
    Copies of FMP amendments, maps of the AIHCA and proposed revisions, 
and the Environmental Assessment/Regulatory Impact Review/Initial 
Regulatory Flexibility Analysis (EA/RIR/IRFA) for this action may be 
obtained from the same address or from the Alaska Region NMFS website 
at http://www.fakr.noaa.gov.


[[Page 63872]]


FOR FURTHER INFORMATION CONTACT: Melanie Brown, 907-586-7228 or 
melanie.brown@noaa.gov.


SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Act requires that the 
Council submit any FMP amendment it prepares to NMFS for review and 
approval, disapproval, or partial approval. The Magnuson-Stevens Act 
also requires that NMFS, upon receiving an FMP amendment, immediately 
publish a notice in the Federal Register that the amendment is 
available for public review and comment.
    If approved by NMFS, these amendments would revise the FMPs by 
revising the boundaries of the AIHCA. The AIHCA consists of the entire 
Aleutian Islands subarea except for specified areas that have supported 
the highest groundfish catches in the past. The AIHCA is closed to all 
nonpelagic trawling to protect relatively undisturbed habitats. The 
Council determined that the AIHCA would provide a balance between 
continued fishing in the Aleutian Islands subarea and protection of 
sensitive habitats such as cold-water corals.
    After implementation of the AIHCA (71 FR 36694, June 28, 2006), the 
Council received information from the fishing industry that two 
locations in the AIHCA should be adjusted. The Council recommended 
adjustments to the boundaries near Agattu Island and Buldir Island. 
Waters near Agattu Island were historically fished by nonpelagic trawl 
gear, and no evidence of sensitive habitat exists for this area. This 
area currently is closed to nonpelagic trawling under the AIHCA and is 
proposed to be opened under this action. Waters open to nonpelagic 
trawling near Buldir Island were identified as not extensively fished. 
These waters also contain sensitive coral and sponge habitat. This 
proposed action would close waters near Buldir Island to protect coral 
and sponge habitat from the potential effects of nonpelagic trawling. 
This proposed action would ensure the boundaries of the AIHCA are 
consistent with the Council's intent to protect sensitive habitat from 
the potential effects of nonpelagic trawling and allow fishing in areas 
historically fished.
    NMFS is soliciting public comments on the proposed amendments 
through January 14, 2008. A proposed rule that would implement the 
amendments will be published in the Federal Register for public comment 
at a later date, following NMFS' evaluation under the Magnuson-Stevens 
Act procedures. Public comments on the proposed rule must be received 
by the end of the comment period on the amendments in order to be 
considered in the approval/disapproval decision on the amendments. All 
comments received on the amendments by the end of the comment period, 
whether specifically directed to the amendments or to the proposed 
rule, will be considered in the approval/disapproval decision. Comments 
received after that date will not be considered in the approval/
disapproval decision on the amendments. To be considered, comments must 
be received--not just postmarked or otherwise transmitted--by close of 
business on the last day of the comment period.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: November 6, 2007.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E7-22107 Filed 11-9-07; 8:45 am]

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