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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

CFR Citation: 50 CFR Part 679

RIN ID: RIN 0648-AV62

NOTICE: PROPOSED RULES

ACTION: Fishery conservation and management:

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

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

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

DOCUMENT 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 MagnusonStevens Fishery Conservation and Management Act (MagnusonStevens Act), the FMPs, and other applicable laws. Comments from the public are welcome.

SUMMARY: Alaska; fisheries of Exclusive Economic Zone—; Bering Sea and Aleutian Islands groundfish, crab, salmon, and scallop,

SUPPLEMENTAL 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 MagnusonStevens 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 coldwater 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 MagnusonStevens 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 receivednot just postmarked or otherwise transmittedby 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. E722107 Filed 11907; 8:45 am]
BILLING CODE 351022S

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