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553(d)(3). This finding is based upon Assessment/Regulatory Impact Review/ known occurrences of coral and sponge the reasons provided above for waiver of Initial Regulatory Flexibility Analysis habitat and where nonpelagic trawling prior notice and opportunity for public (EA/RIR/IRFA) and Final Regulatory previously occurred. A map of the comment. Flexibility Analysis for this action may AIHCA is available from the NMFS Without this inseason adjustment, be obtained from NMFS Alaska Region, Alaska Region website at http:// NMFS could not allow the Atka P. O. Box 21668, Juneau, AK 99802 or www.fakr.noaa.gov/habitat/efh/ mackerel fishery in the HLA for area 542 from the Alaska Region NMFS website aihca.pdf. to be harvested in an expedient manner at http://www.fakr.noaa.gov. In March 2007, the Council and in accordance with the regulatory FOR FURTHER INFORMATION CONTACT: recommended two revisions to the schedule. Under § 679.25(c)(2), Melanie Brown, 907–586–7228 or email boundaries of the AIHCA. These interested persons are invited to submit at [email protected]. revisions were developed in response to information provided by the nonpelagic written comments on this action to the SUPPLEMENTARY INFORMATION: The trawl industry regarding correct fishing above address until February 28, 2008. groundfish fisheries in the Bering Sea This action is required by § 679.20 locations and additional information on and Aleutian Islands Management Area coral and sponge occurrence in the and § 679.25 and is exempt from review (BSAI) are managed under the Fishery under Executive Order 12866. Aleutian Islands. The two revisions Management Plan for Groundfish of the change the AIHCA boundaries near Authority: 16 U.S.C. 1801 et seq. Bering Sea and Aleutian Islands Agattu Island and Buldir Island. A Dated: February 12, 2008. Management Area (FMP). The North figure showing the revisions is in the Emily H. Menashes Pacific Fishery Management Council proposed rule for this action (72 FR (Council) prepared the FMP under the Acting Director, Office of Sustainable 65539, November 21, 2007) and in the Fisheries, National Marine Fisheries Service. authority of the Magnuson-Stevens EA/RIR/IRFA (see ADDRESSES). The final Fishery Conservation and Management [FR Doc. 08–741 Filed 2–13–08; 12:16 pm] rule prohibits nonpelagic trawling in an Act (Magnuson-Stevens Act). BILLING CODE 3510–22–S area west of Buldir Island and permits Regulations implementing the FMP nonpelagic trawling in an area north of appear at 50 CFR parts 679 and 680. Agattu Island. DEPARTMENT OF COMMERCE General regulations governing U.S. The area near Agattu Island is opened fisheries also appear at 50 CFR part 600. to nonpelagic trawling because no National Oceanic and Atmospheric The groundfish fishery restrictions for known occurrence of coral or sponge Administration the AIHCA described in the FMP are habitat exists in this area, and implemented by regulations at 50 CFR nonpelagic trawling historically has 50 CFR Part 679 part 679. occurred in this location. The area near [Docket No. 070711313–8014–02] Background Buldir Island is closed to nonpelagic trawling because NMFS surveys show RIN 0648–AV62 In 2006, NMFS implemented essential corals and sponges occur in this area. fish habitat (EFH) protection measures Anecdotal information from the fishing Fisheries of the Exclusive Economic for the Aleutian Islands subarea and industry also indicated that fishermen Zone Off Alaska; Groundfish, Crab, adjacent State of Alaska (State) waters using nonpelagic trawl gear avoid the Scallop, and Salmon Fisheries of the (71 FR 36694, June 28, 2006, and Buldir Island closure area to protect Bering Sea and Aleutian Islands corrected at 72 FR 63500, November 9, fishing gear from damage by bottom Management Area 2007). The background on the structures. Details of the fishing history development of the EFH protection and biological features of these sites are AGENCY: National Marine Fisheries measures is available in the proposed available in the EA/RIR/IRFA for this Service (NMFS), National Oceanic and rule for that action (71 FR 14470, March Atmospheric Administration (NOAA), action (see ADDRESSES). 22, 2006). The revisions to the AIHCA The final rule revises the coordinates Commerce. required amendments to the groundfish, for the boundaries of the AIHCA near ACTION: Final rule. crab, scallop, and salmon fishery Agattu Island and Buldir Island. Table management plans for the Alaska 24 to 50 CFR part 679 contains SUMMARY: NMFS issues a final rule that fisheries. These amendments (88, 23, 12, coordinates for sites where nonpelagic implements Amendment 88 to the and 9, respectively) were described in trawling is permitted in the AIHCA. Fishery Management Plan for the notice of availability published in Table 24 is revised to specify the new Groundfish of the Bering Sea and the Federal Register (72 FR 63871, coordinates near Agattu and Buldir Aleutian Islands Management Area. November 13, 2007), which provides the Islands that are necessary to adjust the This amendment revises the Aleutian details of these amendments. Only boundaries of the AIHCA. These new Islands Habitat Conservation Area Amendment 88 to the groundfish FMP boundaries will allow for nonpelagic (AIHCA) boundary to allow nonpelagic requires regulatory changes, which are trawling near Agattu Island and prohibit trawling in an area historically fished implemented by this final rule. The nonpelagic trawling near Buldir Island. and to prohibit nonpelagic trawling in Secretary of Commerce approved all of The final rule modifies the coordinates an area of known coral and sponge the fishery management plan for the Buldir and Semichi areas listed occurrence. This action is necessary to amendments for the AIHCA revisions on on Table 24. The Semichi area includes ensure the AIHCA protects areas of coral February 4, 2008. the waters near Agattu Island opened to and sponge habitat from the potential The EFH protection measures nonpelagic trawling. Because the final effects of nonpelagic trawling and prohibited nonpelagic trawling within rule divides the Buldir Island open area allows nonpelagic trawling in areas the AIHCA. The AIHCA is the Aleutian into two areas to allow for the closure historically fished and with unknown Islands subarea and adjacent State area, the final rule adds the West Buldir occurrence of corals and sponges. waters except for specific sites that site to Table 24. The final rule also DATES: Effective March 20, 2008. remain open to nonpelagic trawling. removes the site number for each site ADDRESSES: Copies of the map of the Locations open to nonpelagic trawling because the site number serves no AIHCA and the Environmental in the AIHCA include areas without additional purpose in the identification

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of the site beyond that provided by the 88, 23, 12, and 9 and the implementing alternatives were identified because the site name. The final rule also removes final rule for Amendment 88 are action is an adjustment to the AIHCA from Table 24 two redundant sets of necessary for the conservation and boundaries based on corrected coordinates for the Buldir site because management of the groundfish, salmon, information from the fishing industry they are not necessary to accurately scallop, and crab fisheries and that they and NMFS survey information. No other describe the boundaries. are consistent with the Magnuson- boundaries of the opened or closed Stevens Act and other applicable laws. areas for the AIHCA were considered Comments and Responses This final rule has been determined to because no additional information was NMFS received one comment from an be not significant for the purposes of available to support other boundary individual on the proposed rule (72 FR Executive Order 12866. alternatives. 65539, November 21, 2007) and no NMFS prepared a final regulatory The status quo condition of the comments on the notice of availability flexibility analysis (FRFA), as required fishery should be based on the 2006 for the fishery management plan by section 604 of the Regulatory fishery because of the recent amendments. No changes were made in Flexibility Act (RFA). The FRFA implementation of the EFH protection the final rule from the proposed rule. describes the economic impact of this measures (71 FR 36694, June 28, 2006), The following summarizes and responds final rule on small entities. Descriptions but 2006 data were not yet available for to the comment. of the action, the reasons it is under the analysis. Therefore, 2001 through Comment: Ban all nonpelagic trawling consideration, and its objectives and 2005 data were used as a proxy for in both areas. Trawling turns the ocean legal basis, are included earlier in the status quo. Vessel monitoring system bottom into desert wasteland, and no preamble and in the SUMMARY section (VMS) and NMFS inseason catch data recovery is possible for 40 years. No of the preamble. A summary of the were used to analyze the catches in the reason exists to allow trawling. analysis follows. A copy of this analysis Agattu and Buldir Islands opened and Response: Trawling can have various is available from NMFS (see closed areas. These types of data effects on bottom habitat depending on ADDRESSES). allowed for determining the fine scale the type of trawl gear and the bottom NMFS prepared an Initial Regulatory location of fishing activities in features where fishing is occurring. Flexibility Analysis (IRFA) to combination with the estimated harvest Recovery times for an area can vary accompany the proposed rule for this from the opened and closed areas. depending on the type of bottom habitat action. This was described in the The no action alternative would not impacted. More information about the classification section to the proposed meet the objectives of this action. The impacts of trawling on bottom habitat is rule and the public was notified how to status quo alternative would allow available in the EA/RIR/IRFA for this obtain a copy. The public comment fishing in an area of known coral and action (see ADDRESSES). The decision to period ended on January 7, 2008. No sponge occurrence and would prohibit open and close areas in the AIHCA is comments were received on the IRFA or fishing in an area that had historical based on the best scientific information on the economic impacts of the rule. fishing activity. This would not meet available. NMFS has determined that Vessels were considered small, the intent of the Council for the AIHCA the Buldir Island closure in this final according to the Small Business and does not meet the objectives of the rule is appropriate based on the Administration (SBA) criteria, if they action to provide continued fishing occurrence of corals and sponges that had estimated 2004 gross revenues less where historical fishing activity has may be impacted by nonpelagic than or equal to $4 million, and were occurred and to prohibit fishing where trawling. The opening of waters near not known to be affiliated with other coral and sponges occur. The opening of Agattu Island also is appropriate firms whose combined receipts the area near Agattu provides mitigation because of no known impact of exceeded $4 million. Ten vessels that for possible impacts associated with the nonpelagic trawling on corals and qualify as small entities under SBA closure of the area near Buldir. The sponges. Trawl gear effectively harvests criteria are directly regulated by this FRFA did not identify adverse impacts a number of target species in the action. Six of these vessels are catcher to small entities from the action groundfish fisheries. The Council and vessels, and four are catcher/processors. alternative. Average gross revenues in 2005 were NMFS have implemented the EFH Small Entity Compliance Guide protection measures to reduce the about $1,400,000 for the catcher vessels potential impact of this gear on bottom and about $2,200,000 for the catcher/ Section 212 of the Small Business habitat in the Aleutian Islands subarea processors. Regulatory Enforcement Fairness Act of and in the Gulf of Alaska. This regulation does not impose new 1996 states that, for each rule, or group In June 2007, the Council also recordkeeping and reporting of related rules for which an agency is recommended Amendment 89 to the requirements on the regulated small required to prepare a FRFA, the agency FMP to implement bottom habitat entities. shall publish one or more guides to protection measures for the Bering Sea The Council considered one assist small entities in complying with subarea. This amendment is intended to alternative (Alternative 1, no action) to the rule and shall designate such address the potential effects of the preferred alternative for this action. publications as ‘‘small entity nonpelagic trawling on bottom habitat The boundaries of the opened and compliance guides.’’ The agency shall in the Bering Sea. More information closed areas were based on information explain the actions a small entity is regarding Amendment 89 is available provided by the fishing industry required to take to comply with a rule from the Council’s website at http:// regarding historical fishing activity and or group of rules. As part of this www.fakr.noaa.gov/npfmc/ on NMFS survey information regarding rulemaking process, NMFS Alaska currentlissues/BSHC/BSHC.htm. If coral and sponge location. This is the Region has developed a website that approved, this amendment is scheduled method of boundary identification used provides easy access to details of this for implementation in late 2008. in the original EFH rule for the AIHCA. final rule, including links to the final Because this is a correction to that rule, rule, maps of closure areas, and Classification the identification of boundaries for the frequently asked questions regarding The Administrator, Alaska Region, opened and closed areas for this action EFH. The relevant information available NMFS, determined that Amendments is based on the same method. No other on the website is the Small Entity

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Compliance Guide. The website address Dated: February 11, 2008. PART 679—FISHERIES OF THE is http://www.fakr.noaa.gov/habitat/ Samuel D. Rauch III EXCLUSIVE ECONOMIC ZONE OFF efh.htm. Copies of this final rule are Deputy Assistant Administrator for ALASKA available upon request from the NMFS, Regulatory Programs, National Marine I 1. The authority citation for part 679 Alaska Regional Office (see ADDRESSES). Fisheries Service. continues to read as follows: List of Subjects in 50 CFR Part 679 I For reasons set out in the preamble, Authority: 16 U.S.C. 773 et seq.; 1801 et NMFS amends 50 CFR part 679 as seq.; 3631 et seq.; Pub. L. 108–447. Alaska, Fisheries, Recordkeeping and follows: I reporting requirements. 2. Revise Table 24 to part 679 to read as follows: BILLING CODE 3510–22–S

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[FR Doc. 08–707 Filed 2–15–08; 8:45 am] BILLING CODE 3510–22–C

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