[Federal Register: March 7, 2008 (Volume 73, Number 46)]
[Proposed Rules]
[Page 12357-12366]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07mr08-30]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 070917520-8258-02]
RIN 0648-AW06
Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish
Fisheries of the Bering Sea and Aleutian Islands Management Area
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS issues a proposed rule that would implement Amendment 89
to the Fishery Management Plan for Groundfish of the Bering Sea and
Aleutian Islands Management Area (FMP) to establish Bering Sea habitat
conservation measures. Amendment 89, if approved, would prohibit
nonpelagic trawling in certain waters of the Bering Sea subarea to
protect bottom habitat from the potential adverse effects of nonpelagic
trawling. Amendment 89 also would establish the Northern Bering Sea
Research Area for studying the impacts of nonpelagic trawling on bottom
habitat. This proposed rule is necessary to protect Bering Sea subarea
bottom habitat from the potential effects of nonpelagic trawling and to
provide the opportunity to further study the effects of nonpelagic
trawling on bottom habitat. This action is intended to promote the
goals and objectives of the Magnuson-Stevens Fishery Conservation and
Management Act, the FMP, and other applicable laws.
DATES: Written comments must be received by April 21, 2008.
ADDRESSES: Send comments to Sue Salveson, Assistant Regional
[[Page 12358]]
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS,
Attn: Ellen Sebastian. You may submit comments, identified by 0648-
AW06, by any one of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal website at http://
www.regulations.gov.
Mail: P. O. Box 21668, Juneau, AK 99802.
Fax: (907) 586-7557.
Hand delivery to the Federal Building: 709 West 9th
Street, Room 420A, Juneau, AK.
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 (e.g., name, address) 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 portable document file (pdf) formats only.
Copies of the FMP amendment, maps of the Bering Sea subarea
nonpelagic trawl closure areas and Northern Bering Sea Research Area,
and the Environmental Assessment/Regulatory Impact Review/Initial
Regulatory Flexibility Analysis (EA/RIR/IRFA) for this action may be
obtained from the Alaska Region NMFS address above or from the Alaska
Region NMFS website at http://www.fakr.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Melanie Brown, 907-586-7228 or email
at melanie.brown@noaa.gov.
SUPPLEMENTARY INFORMATION: The Bering Sea and Aleutian Islands
Management Area (BSAI) groundfish fisheries are managed under the FMP.
The North Pacific Fishery Management Council (Council) prepared the FMP
under the authority of the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act). Regulations implementing the FMP
appear at 50 CFR parts 679 and 680. General regulations governing U.S.
fisheries also appear at 50 CFR part 600.
The Council has submitted Amendment 89 for review by the Secretary
of Commerce, and a notice of availability of the amendment was
published in the Federal Register on February 27, 2008 (73 FR 10415),
with comments on the amendment invited through April 28, 2008. Comments
may address the FMP amendment, the proposed rule, or both, but must be
received by April 28, 2008, to be considered in the approval/
disapproval decision on the FMP amendment. All comments received by
that time, whether specifically directed to the FMP amendment or to the
proposed rule, will be considered in the approval/disapproval decision
on the FMP amendment.
Background
In 2006, NMFS implemented essential fish habitat (EFH) protection
measures for the Aleutian Islands subarea, Gulf of Alaska, and adjacent
State of Alaska (State) waters (71 FR 36694, June 28, 2006, and
corrected 72 FR 63500, November 9, 2007). The background on the
development of the EFH protection measures is available in the proposed
rule for that action (71 FR 14470, March 22, 2006). The EFH protection
measures did not include the Bering Sea subarea as the Council
recommended that additional analysis was needed to identify bottom
habitat concerns and to develop potential conservation measures.
In June 2007, the Council recommended, and the Secretary proposes,
closing areas to nonpelagic trawling as a precautionary measure to
prevent the potential adverse effects of nonpelagic trawling on
portions of bottom habitat of the Bering Sea subarea. These closed
areas would include locations that have not been previously fished with
nonpelagic trawl gear, nearshore bottom habitat areas that support
subsistence marine resources, and a research area for further study of
the potential impacts of nonpelagic trawling on bottom habitat. The
proposed closed areas that extend into State waters would apply to
federally permitted vessels operating in State waters. Maps of the
proposed areas to be closed to nonpelagic trawling and the proposed
research area are available from the Alaska Region NMFS website at
http://www.fakr.noaa.gov/habitat/efh.htm. Each closed area and the
research area are described in detail below.
Bering Sea Habitat Conservation Area
The Council recommended, and the Secretary proposes, limiting
nonpelagic trawling in the Bering Sea subarea to areas that have
historically been or are presently being fished with nonpelagic trawl
gear. This action is intended to prevent expansion of the nonpelagic
trawl fisheries into areas not previously fished with nonpelagic trawl
gear and to provide for the developing arrowtooth flounder fishery. The
remainder of the Bering Sea subarea would be closed to nonpelagic
trawling. This action would provide protection from the potential
effects of nonpelagic trawling for areas where substantial amounts of
nonpelagic trawling has not occurred.
The center of distribution of the arrowtooth flounder fishery is
shifting to the northwest, and the Council intended that this fishery
have the opportunity to target concentrations of arrowtooth flounder to
ensure an efficient fishery. This potential movement of the arrowtooth
flounder stock distribution may be related to an increase in the mean
bottom water temperature in the Bering Sea subarea and is further
described in the EA/RIR/IRFA for this action (see ADDRESSES).
The Council, working with the fishing industry and environmental
organizations, identified the portion of the Bering Sea subarea that
would be left open to nonpelagic trawling based on more than one
occurrence of nonpelagic trawl fishing through 2005, and to provide for
potential northwest shifting of the arrowtooth flounder distribution.
Historical and present nonpelagic trawling is primarily on the
continental slope extending into the southern portions of statistical
areas 514 and 524. Several trawl closures currently exist within and to
the south of this location. These include the Red King Crab Savings
Area, Pribilof Island Area Habitat Conservation Zone, Chinook Salmon
Savings Area, Chum Salmon Savings Area, and Nearshore Bristol Bay trawl
closures under Sec. Sec. 679.22(a) and 679.21(e)(7). In addition,
waters north of Kuskokwim Bay are included in several additional
nonpelagic trawl closures under this action and are further explain
below. Most of the Bering Sea subarea west of the current trawled area
does not have existing nonpelagic trawl closures.
The Bering Sea subarea east of the current trawled area is
currently closed to nonpelagic trawling or is proposed to be closed to
nonpelagic trawling under this action. The Council intends, and the
Secretary proposes, to limit the nonpelagic trawl footprint in the
Bering Sea subarea by establishing a nonpelagic trawl closed area in
waters of the Bering Sea subarea to the west of areas that have been
trawled with nonpelagic gear.
To provide a clear delineation of the location where nonpelagic
trawling is prohibited, the proposed rule would establish the Bering
Sea Habitat Conservation Area (BSHCA). The BSHCA would encompass waters
of the Bering Sea subarea west of areas that have been trawled by
nonpelagic gear along the shelf break of the continental slope. The
BSHCA would include waters where no more than one occurrence of
nonpelagic trawling has
[[Page 12359]]
occurred and where the future arrowtooth flounder fishery is not likely
to occur. This area would be closed to nonpelagic trawling and would
cover 46,776 square nautical miles (nm2).
The BSHCA would be located in statistical area 530 and portions of
areas 518, 523, 533, and 531. The eastern border of the area generally
follows the shelf break of the continental slope, provides for the
expansion of the arrowtooth flounder fishery and meets the goal of
prohibiting nonpelagic trawling where no more than one event of
nonpelagic trawling has occurred. The southern boundary of the area
follows the northern borders of the statistical areas of the Aleutian
Islands subarea (areas 541, 542, and 543) with two deviations around
the northern portions of the Bowers Ridge Habitat Conservation Zone
(BRHCZ). The BRHCZ was established with the EFH protection measures for
the Aleutian Islands (71 FR 36694, June 28, 2006) and is closed to
mobile bottom contact gear, including nonpelagic trawling. The western
boundary follows the edge of statistical area 550 and the limits of the
U. S. Exclusive Economic Zone. The proposed BSHCA boundaries would
facilitate enforcement of the closure by generally following
established statistical areas and present closed area boundaries. The
BSHCA is depicted in Figure 16 in the proposed regulations below.
St. Lawrence Island Habitat Conservation Area
The Council recommended, and the Secretary proposes, closing waters
surrounding St. Lawrence Island to nonpelagic trawl gear to conserve
blue king crab habitat and minimize potential interactions with
community use and subsistence fisheries taking place in nearshore
areas. The boundaries of this area are based on the areas likely to
support subsistence resources and along latitude and longitude lines to
facilitate enforcement of the closure. This closure would cover 7,052
nm\2\. The St. Lawrence Island Habitat Conservation Area is depicted in
Figure 17 in the proposed regulations below.
St. Matthew Island Habitat Conservation Area
The proposed rule would close waters near St. Matthew Island to
nonpelagic trawling to protect bottom habitat for blue king crab.
Various life stages of blue king crab occur in waters surrounding St.
Matthew Island. Waters southwest of the island contain juvenile, non-
ovigerous female and male blue king crab habitat, and waters to the
northeast contain ovigerous females. The blue king crab stock is
severely depleted; the last pot survey found only 5 legal male blue
king crab in the St. Matthew Island area. Some flatfish nonpelagic
trawling has occurred near St. Matthew Island as the distribution of
arrowtooth flounder, rock sole, flathead sole, and Alaska plaice has
moved north in the Bering Sea subarea (Section 3 of the EA/RIR/IRFA,
see ADDRESSES). Flatfish fishing near St. Matthew Island may increase
if the flatfish fishery continues to move north. The Council
recommended that the area near St. Matthew Island be closed to
nonpelagic trawling given the depleted blue king crab stock and the
potential effects of nonpelagic trawling on blue king crab habitat. The
recommended closed area includes the waters where blue king crab have
been found and is shaped using straight lines to facilitate enforcement
of the closure (Figure 1). This closure would cover 4,013 nm\2\.
[[Page 12360]]
[GRAPHIC] [TIFF OMITTED] TP07MR08.010
Nunivak Island, Etolin Strait, and Kuskokwim Bay Habitat
Conservation Area
The Council consulted with a workgroup of fishing industry and
subsistence resources users to identify bottom habitat supporting
subsistence marine resources for protection. These resources include
marine mammals, fish, and seabirds harvested by subsistence users from
coastal and interior Alaska. Based on the results of the workgroup, the
Council recommended, and the Secretary proposes, prohibiting nonpelagic
trawling in waters surrounding Nunivak Island and within Etolin Strait
and Kuskokwim Bay. The northern and western edges of the area include
waters with bottom habitat supporting subsistence resources and follow
latitude and longitude lines to facilitate enforcement of the
nonpelagic trawl closure. The southern boundary of the area is based on
negotiations between the fishing industry and subsistence marine
resource users. The boundaries of the closure area ensure access to
important flatfish fishing locations while providing protection of
important bottom habitat supporting subsistence marine resources. This
closure would cover 9,777 nm2. The Nunivak Island, Etolin Strait, and
Kuskokwim Bay Habitat Conservation Area is depicted in Figure 21 in the
proposed regulations text.
Northern Bering Sea Research Area
The Council also recommended, and the Secretary proposes, to
establish the Northern Bering Sea Research Area (NBSRA) to further
understand the potential effects of nonpelagic trawling on Bering Sea
subarea bottom habitat. This area would include waters with little or
no nonpelagic trawling north of the open area for nonpelagic trawling
described above under the BSHCA description and north of the Nunivak
Island, Etolin Strait, and Kuskokwim Bay Habitat Conservation Area. The
proposed rule would close the NBSRA to commercial nonpelagic trawling
to provide a controlled area to study the potential effects of
nonpelagic trawling on bottom habitat. This area would include the
northern portions of statistical areas 514 and 524, exclusive of the
closures around St. Lawrence. This closure would cover 65,859 nm2. The
NBSRA is depicted in Figure 17 in the proposed regulations below.
The proposed rule would allow nonpelagic trawling within the NBSRA
only within the scope of a nonpelagic trawling effects research plan.
The Council intends that a research plan would be developed, in
cooperation with the Alaska Fisheries Science Center, NMFS, that
addresses potential protection measures for species that may depend on
bottom habitat, including king and snow crabs, marine mammals,
Endangered Species Act-listed species, and subsistence marine resources
for Western Alaska communities. This research plan would be reviewed by
the Council within 24 months after the publication of the final rule
implementing Amendment 89. Any future nonpelagic trawling in the NBSRA
would be limited to fishing under an exempted fishing permit issued
under Sec. 679.6 that meets the purposes of the approved research
plan.
[[Page 12361]]
Regulatory Amendments
The proposed rule would add definitions to Sec. 679.2 and new
coordinate tables and figures for the areas proposed to be closed to
nonpelagic trawling and the research area. Because of the complexity of
the area boundaries, the definitions for the BSHCA; NBSRA; and Nunivak
Island, Etolin Strait, and Kuskokwim Bay Habitat Conservation Area
would refer to Tables 42, 43, and 44, and Figures 16, 17, and 21 to
part 679, respectively. The definitions for the St. Lawrence Island
Habitat Conservation Area and St Matthew Island Habitat Conservation
Area would refer to Tables 45 and 46 to part 679 for the area
boundaries; no figures are necessary due to the simple shapes of these
closures.
The proposed rule would add to Sec. 679.22(a)(16) through (20) to
close the BSHCA, St. Matthew Island, St. Lawrence Island, Nunivak
Island, Etolin Strait, Kuskokwim Bay habitat conservation areas, and
NBSRA to nonpelagic trawling.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Acting Assistant Administrator has determined that this proposed
rule is consistent with Amendment 89 to the FMP for Groundfish of the
BSAI, other provisions of the Magnuson-Stevens Act, and other
applicable law, subject to further consideration after public comment.
This proposed rule has been determined to be not significant for
the purposes of Executive Order 12866.
NMFS prepared an initial regulatory flexibility analysis (IRFA), as
required by section 603 of the Regulatory Flexibility Act (RFA). The
IRFA describes the economic impact this proposed rule, if adopted,
would have on small entities. Descriptions of the action, the reasons
it is under consideration, and its objectives and legal basis, are
contained at the beginning of this section in the preamble and in the
SUMMARY section of the preamble. A summary of the analysis follows. A
copy of this analysis is available from NMFS (see ADDRESSES).
Fishing vessels, both catcher vessels and catcher/processors (CPs),
are considered small, for RFA purposes, if their gross receipts, from
all their economic activities combined, as well as those of any and all
their affiliates anywhere in the world, (including fishing in
federally-managed non-groundfish fisheries, and in Alaska-managed
fisheries), are less than or equal to $4.0 million annually. Further,
fishing vessels were considered to be large if they were affiliated
with an American Fisheries Act fishing cooperative in 2004. The members
of these cooperatives had combined revenues that exceeded the $4.0
million threshold.
The entities that would be directly regulated by the alternatives
are those vessels that fish for groundfish with nonpelagic trawl gear
in the eastern Bering Sea off Alaska. Section 5.6 of the RIR provides a
description of these fisheries and estimates the numbers of unique
vessels that presently participate (see ADDRESSES). Approximately 22 to
24 vessels have participated in the nonpelagic trawl CP fishery off
Alaska in recent years. Based on analysis of total annual gross
revenues, two of the vessels should be classified as small entities.
Six Community Development Quota groups and their associated communities
are considered small entities and are directly regulated by this action
because their allocation of BSAI species harvested by nonpelagic trawl
gear occurs within the areas defined by this action.
This regulation does not impose new recordkeeping and reporting
requirements on the regulated small entities.
The IRFA did not reveal any Federal rules that duplicate, overlap,
or conflict with the proposed action.
The Council considered three alternatives (Alternatives 1, 2, and
3) and five options (Options 1, 2, 3, 4, and 5) to the alternatives for
this action. The suite of alternatives and options were developed in
consultation with members of the nonpelagic trawl CP fleet to minimize
potential adverse economic effects on directly regulated entities. The
preferred alternative and options constituting the ``proposed action''
reflect the least burdensome of management structures available in
terms of directly regulated small entities, while fully achieving the
conservation and management purposes articulated by the Council.
Alternative 1, the no action alternative, would not meet the
objectives of this action. This alternative would allow nonpelagic
trawling to expand into areas not previously trawled and would not meet
the objective to protect certain bottom habitat in the Bering Sea
subarea. Alternative 3, which would modify flatfish trawl gear to
reduce contact with the bottom, was not recommended by the Council at
this time because the gear is currently under development, and gear
standards are not yet ready for implementation.
Under Alternative 2 for the BSHCA, the boundaries of the closure
area were established in locations that have not been trawled more than
once and are not likely to be trawled in the future. In addition, the
boundary of the BSHCA was adjusted to allow for potential future
development of the arrowtooth flounder fishery. These features of the
BSHCA mitigate potential adverse economic effects on small entities by
allowing continued fishing where substantial amounts of fishing have
already occurred and to allow for future expansion of the arrowtooth
flounder fishery.
The boundaries for the nonpelagic trawl closures under Options 1,
3, 4, and 5 also were developed in consultation with members of the
nonpelagic trawl CP fleet. Under Options 1 and 5, the waters near St.
Matthew and St. Lawrence Islands were not substantially trawled and are
not likely to be trawled in the future, so the closures in these areas
are not likely to result in an adverse economic effect on small
entities. Option 2 closed waters near Nunivak Island and Etolin Strait
but would not close waters within Kuskokwim Bay to nonpelagic trawling.
Option 3 expanded on the closures under Option 2 by establishing the
Nunivak Island, Etolin Strait, and Kuskokwim Bay closure boundaries.
Option 3 closures were carefully negotiated between members of the
nonpelagic trawl CP fleet and some users of the subsistence marine
resources in the area. Adjustments were made to the boundaries to
ensure the flatfish fleet had access to concentrations of flatfish
while still maintaining overall protection to bottom habitat from the
potential effects of nonpelagic trawling. These boundary adjustments
reduce potential adverse economic effects on small entities
participating in the flatfish trawl fishery.
Under Option 4 for the NBSRA, the southern boundary of the area was
also based on consultation with members of the affected trawl CP fleet
to ensure the closure would not prevent fishing in areas currently
fished and allowed for some northern movement of the fleet if fish
stocks also move north with global warming. The southern boundary of
the NBSRA would mitigate any potential adverse economic impact on small
entities by allowing continued fishing in locations historically fished
and permitting some flexibility with any future movement of fish
stocks.
Executive Order (E.O.) 13175 of November 6, 2000 (25 U.S.C. 450
note), the Executive Memorandum of April 29, 1994 (25 U.S.C. 450 note),
and the
[[Page 12362]]
American Indian and Alaska Native Policy of the U. S. Department of
Commerce (March 30, 1995) outline the responsibilities of NMFS in
matters affecting tribal interests. Section 161 of Public Law (P.L.)
108-199 (188 Stat. 452), as amended by section 518 of P.L. 109-447 (118
Stat. 3267), extends the consultation requirements of E. O. 13175 to
Alaska Native corporations.
NMFS will contact tribal governments and Alaska Native corporations
which may be affected by the proposed action, provide them with a copy
of this proposed rule, and offer them an opportunity to consult.
List of Subjects in 50 CFR Part 679
Alaska, Fisheries, Recordkeeping and reporting requirements.
Dated: March 3, 2008.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine
Fisheries Service.
For reasons set out in the preamble, NMFS proposes to amend 50 CFR
part 679 as follows:
PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA
1. The authority citation for part 679 continues to read as
follows:
Authority: 16 U.S.C. 773 et seq.; 1801 et seq.; 3631 et seq.;
Pub. L. 108 447.
2. In Sec. 679.2, add in alphabetical order definitions for
``Bering Sea Habitat Conservation Area'', ``Northern Bering Sea
Research Area'', ``Nunivak Island, Etolin Strait, and Kuskokwim Bay
Habitat Conservation Area'', ``St. Lawrence Island Habitat Conservation
Area'', and ``St. Matthew Island Habitat Conservation Area'' to read as
follows:
Sec. 679.2 Definitions.
* * * * *
Bering Sea Habitat Conservation Area means a habitat protection
area specified at Table 42 and Figure 16 to this part.
* * * * *
Northern Bering Sea Research Area means a habitat research area
specified at Table 43 and Figure 17 to this part.
Nunivak Island, Etolin Strait, and Kuskokwim Bay Habitat
Conservation Area means a habitat protection area specified at Table 44
and Figure 21 to this part.
* * * * *
St. Lawrence Island Habitat Conservation Area means a habitat
protection area specified at Table 45 to this part.
St. Matthew Island Habitat Conservation Area means a habitat
protection area specified at Table 46 to this part.
* * * * *
3. In Sec. 679.22, paragraphs (a)(16) through (a)(20) are added to
read as follows:
Sec. 679.22 Closures.
(a) * * *
(16) Bering Sea Habitat Conservation Area. No federally permitted
vessel may fish with nonpelagic trawl gear in the Bering Sea Habitat
Conservation Area specified at Table 42 and Figure 16 to this part.
(17) Northern Bering Sea Research Area. No federally permitted
vessel may fish with nonpelagic trawl gear in the Northern Bering Sea
Research Area specified at Table 43 and Figure 17 to this part.
(18) Nunivak Island, Etolin Strait, and Kuskokwim Bay Habitat
Conservation Area. No federally permitted vessel may fish with
nonpelagic trawl gear in the Nunivak Island, Etolin Strait, and
Kuskokwim Bay Habitat Conservation Area specified at Table 44 and
Figure 21 to this part.
(19) St. Lawrence Island Habitat Conservation Area. No federally
permitted vessel may fish with nonpelagic trawl gear in the St.
Lawrence Island Habitat Conservation Area specified at Table 45 to this
part.
(20) St. Matthew Island Habitat Conservation Area. No federally
permitted vessel may fish with nonpelagic trawl gear in the St. Matthew
Island Habitat Conservation Area specified at Table 46 to this part.
* * * * *
4. Tables 42 through 46 are added to part 679 to read as follows:
Table 42 to Part 679 - Bering Sea Habitat Conservation Area.
------------------------------------------------------------------------
Longitude Latitude
------------------------------------------------------------------------
179 19.95 W 59 25.15 N
177 51.76 W 58 28.85 N
175 36.52 W 58 11.78 N
174 32.36 W 58 8.37 N
174 26.33 W 57 31.31 N
174 0.82 W 56 52.83 N
173 0.71 W 56 24.05 N
170 40.32 W 56 1.97 N
168 56.63 W 55 19.30 N
168 0.08 W 54 5.95 N
170 0.00 W 53 18.24 N
170 0.00 W 55 0.00 N
178 46.69 E 55 0.00 N
178 27.25 E 55 10.50 N
178 6.48 E 55 0.00 N
177 15.00 E 55 0.00 N
177 15.00 E 55 5.00 N
176 0.00 E 55 5.00 N
176 0.00 E 55 0.00 N
172 6.35 E 55 0.00 N
173 59.70 E 56 16.96 N
------------------------------------------------------------------------
Note: The area is delineated by connecting the coordinates in the order
listed by straight lines. The last set of coordinates for each area is
connected to the first set of coordinates for the area by a straight
line. The projected coordinate system is North American Datum 1983,
Albers.
Table 43 to Part 679 - Northern Bering Sea Research Area.
------------------------------------------------------------------------
Longitude Latitude
------------------------------------------------------------------------
168 7.48 W 65 37.48N*
165 1.54 W 60 45.54 N
167 59.98 W 60 45.55 N
171 9.92 W 60 3.52 N
172 0.00 W 60 54.00 N
174 1.24 W 60 54.00 N
176 13.51 W 62 6.56 N
172 24.00 W 63 57.03 N
172 24.00 W 62 42.00 N
168 24.00 W 62 42.00 N
168 24.00 W 64 0.00 N
172 17.42 W 64 0.01 N
168 58.62 W 65 30.00 N
168 58.62 W 65 37.48 N
------------------------------------------------------------------------
Note: The area is delineated by connecting the coordinates in the order
listed by straight lines except as noted by * below. The last set of
coordinates for each area is connected to the first set of coordinates
for the area by a straight line. The projected coordinate system is
North American Datum 1983, Albers.
* This boundary extends in a clockwise direction from this set of
geographic coordinates along the shoreline at mean lower-low tide line
to the next set of coordinates.
[[Page 12363]]
Table 44 to Part 679 - Nunivak Island, Etolin Strait, and Kuskokwim Bay
Habitat Conservation Area.
------------------------------------------------------------------------
Longitude Latitude
------------------------------------------------------------------------
165 1.54 W 60 45.54 N*
162 7.01 W 58 38.27 N
162 10.51 W 58 38.35 N
162 34.31 W 58 38.36 N
162 34.32 W 58 39.16 N
162 34.23 W 58 40.48 N
162 34.09 W 58 41.79 N
162 33.91 W 58 43.08 N
162 33.63 W 58 44.41 N
162 33.32 W 58 45.62 N
162 32.93 W 58 46.80 N
162 32.44W 58 48.11 N
162 31.95 W 58 49.22 N
162 31.33 W 58 50.43 N
162 30.83 W 58 51.42 N
162 30.57 W 58 51.97 N
163 17.72 W 59 20.16 N
164 11.01 W 59 34.15 N
164 42.00 W 59 41.80 N
165 0.00 W 59 42.60 N
165 1.45 W 59 37.39 N
167 40.20 W 59 24.47 N
168 0.00 W 59 49.13 N
167 59.98 W 60 45.55 N
------------------------------------------------------------------------
Note: The area is delineated by connecting the coordinates in the order
listed by straight lines, except as noted by * below. The last set of
coordinates for each area is connected to the first set of coordinates
for the area by a straight line. The projected coordinate system is
North American Datum 1983, Albers.
* This boundary extends in a clockwise direction from this set of
geographic coordinates along the shoreline at mean lower-low tide line
to the next set of coordinates.
Table 45 to Part 679 - St. Lawrence Island Habitat Conservation Area.
------------------------------------------------------------------------
Longitude Latitude
------------------------------------------------------------------------
168 24.00 W 64 0.00 N
168 24.00 W 62 42.00 N
172 24.00 W 62 42.00 N
172 24.00 W 63 57.03 N
172 17.42 W 64 0.01 N
------------------------------------------------------------------------
Note: The area is delineated by connecting the coordinates in the order
listed by straight lines. The last set of coordinates for each area is
connected to the first set of coordinates for the area by a straight
line. The projected coordinate system is North American Datum 1983,
Albers.
Table 46 to Part 679 - St. Matthew Island Habitat Conservation Area.
------------------------------------------------------------------------
Longitude Latitude
------------------------------------------------------------------------
172 0.00 W 60 54.00 N
171 59.92 W 60 3.52 N
174 0.50 W 59 42.26 N
174 24.98 W 60 9.98 N
174 1.24 W 60 54.00 N
------------------------------------------------------------------------
Note: The area is delineated by connecting the coordinates in the order
listed by straight lines. The last set of coordinates for each area is
connected to the first set of coordinates for the area by a straight
line. The projected coordinate system is North American Datum 1983,
Albers.
5. Figures 16 and 17 are added to part 679 to read as follows:
BILLING CODE 3510-22-S
[[Page 12364]]
[GRAPHIC] [TIFF OMITTED] TP07MR08.007
[[Page 12365]]
[GRAPHIC] [TIFF OMITTED] TP07MR08.008
6. Figure 21 is added to part 679 to read as follows:
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[GRAPHIC] [TIFF OMITTED] TP07MR08.009
[FR Doc. 08-988 Filed 3-6-08; 8:45 am]
BILLING CODE 3510-22-C