36694 Federal Register / Vol. 71, No. 124 / Wednesday, June 28, 2006 / Rules and Regulations

DEPARTMENT OF COMMERCE [email protected], or fax to The final rule defines each (202) 395–7285. management area established to protect National Oceanic and Atmospheric FOR FURTHER INFORMATION CONTACT: EFH and HAPC. The definitions for the Administration Melanie Brown, 907–586–7228 or e-mail habitat conservation areas (HCAs), at [email protected]. HPAs, and HCZs provide the names of 50 CFR Part 679 SUPPLEMENTARY INFORMATION: The the management areas and refer to tables [Docket No. 060223050–6162–02; I.D. groundfish, crab, scallop, and salmon in 50 CFR part 679 for the coordinates 013006I] fisheries in the exclusive economic zone of each area to ensure accurate descriptions. RIN 0648–AT09 (EEZ) off are managed under their respective FMPs. The North Pacific The final rule adds a definition for Fisheries of the Exclusive Economic Fishery Management Council (Council) ‘‘federally permitted vessel’’ for Zone Off Alaska; Groundfish, Crab, prepared the FMPs under the authority purposes of the fishing restrictions in Salmon, and Scallop Fisheries of the of the Magnuson-Stevens Fishery the HCAs, HPAs, and HCZs and for and Conservation and Management Act vessel monitoring systems (VMS). Management Area and Gulf of Alaska (Magnuson-Stevens Act), 16 U.S.C. Federally permitted vessels are those 1801, et seq. Regulations implementing vessels named on either a groundfish AGENCY: National Marine Fisheries the FMPs appear at 50 CFR parts 679 Federal fishing permit (FFP) or a Service (NMFS), National Oceanic and and 680. General regulations governing Federal crab vessel permit (FCVP). Atmospheric Administration (NOAA), U.S. fisheries also appear at 50 CFR part These types of permits were identified Commerce. 600. for this purpose because they are ACTION: Final rule. The Secretary of Commerce approved required for anyone fishing for the FMP amendments for EFH and SUMMARY: NMFS issues a final rule groundfish or crab species in the EEZ, implementing Amendments 78 and 65 HAPC identification and conservation are easily obtained compared to other to the Fishery Management Plan (FMP) on May 3, 2006. types of Federal fishing permits that for Groundfish of the Bering Sea and Background require catch history, and can be easily Aleutian Islands Management Area relinquished and reissued. The ability to Detailed information on the history of (BSAI), Amendments 73 and 65 to the easily relinquish and reissue the EFH requirements in the Magnuson- FMP for Groundfish of the Gulf of groundfish FFPs and FCVPs provides Stevens Act, litigation regarding EFH, Alaska (GOA), Amendments 16 and 12 the fisher the flexibility to choose gear effects on bottom habitat, Council to the FMP for Bering Sea/Aleutian whether to participate in activities that actions, and summary of the EFH and Islands King and Tanner Crabs, require compliance with the EFH and HAPC amendments to Alaska fisheries Amendments 7 and 9 to the FMP for the HAPC restrictions and VMS FMPs implemented by this final rule are Scallop Fishery off Alaska, and requirements. This new definition in the preamble to the proposed rule (71 Amendments 7 and 8 to the FMP for ensures the EFH and HAPC provisions FR 14470, March 22, 2006). Salmon Fisheries in the Exclusive do not apply to vessels named only on Economic Zone off the Coast of Alaska. Regulatory Amendments other types of federal fishing permits. These amendments revise the FMPs by A description of the regulatory The final rule adds a definition of identifying and describing essential fish amendments to implement provisions ‘‘operate a vessel’’ for the purpose of habitat (EFH), designating habitat areas for EFH and HAPC management describing when a VMS is required to be of particular concern (HAPC), and follows. transmitting. A vessel is operating any include measures to minimize to the time it is offloading or processing fish; extent practicable adverse effects on Section 679.2 Definitions is in transit to, from, or between the EFH. This action is necessary to protect The final rule revises the definition of fishing areas; or is fishing or conducting important habitat features to sustain ‘‘authorized fishing gear’’ to add dredge operations in support of fishing. managed fish stocks. gear. This definition is necessary to Section 679.4 Permits DATES: Effective on July 28, 2006. establish restrictions on this gear type in ADDRESSES: Copies of the maps of EFH habitat protection areas (HPAs) and Currently, license limitation permits and HAPC management areas, the habitat conservation zones (HCZs). To (LLPs) are issued for fishing groundfish Environmental Impact Statement (EIS) ensure consistency between the Federal in the GOA with a trawl, non-trawl, or for EFH Identification and Conservation, and State of Alaska (State) regulations both trawl and non-trawl gear the Environmental Assessment/ for the management of the scallop endorsements. The Council Regulatory Impact Review/Initial fishery, the final rule adds a definition recommended that vessels named on an Regulatory Flexibility Analysis (EA/ for dredge that is the same as the State’s LLP with a trawl endorsement be RIR/IRFA) for HAPC and the Final definition at 5 Alaska Administrative allowed to use non-trawl gear to fish for Regulatory Flexibility Analysis (FRFA) Code 39.105(16). slope rockfish within the Gulf of Alaska for this action may be obtained from To identify groups of gear for the Slope Habitat Conservation Areas NMFS, Alaska Region, Attn: Ellen purposes of EFH and HAPC (GOASHCAs). The final rule revises Walsh, Records Officer, P.O. Box 21668, management measures, the categories of paragraph (k)(3)(iv)(A) to allow vessels Juneau, AK 99802, or from the Alaska bottom contact gear and mobile bottom named on an LLP with a trawl Region NMFS Web site at http:// contact gear are added to the authorized endorsement to use non-trawl gear to www.fakr.noaa.gov. fishing gear definition. The definition fish for slope rockfish within the Written comments regarding the for bottom contact gear lists dredge, GOASHCAs. This revision provides burden-hour estimates or other aspects hook-and-line, nonpelagic trawl, some accommodation to vessels named of the collection-of-information dinglebar, and pot gears. The definition on an LLP endorsed only for trawl gear, requirements contained in this final rule for mobile bottom contact gear lists if the operator is willing to use non- may be submitted to NMFS, Alaska dredge, nonpelagic trawl, and dinglebar trawl gear to fish for slope rockfish Region, and by e-mail to gears. within the GOASHCA.

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Section 679.7 Prohibitions Habitat Protection Areas (GOACHPAs), Tables to 50 CFR Part 679 The current pelagic trawl performance GOASHCAs, and ASHPAs, respectively. The final rule adds six new tables to standard does not apply to the Portions of the ASHPAs occur in both 50 CFR part 679 to identify and describe Community Development Quota (CDQ) the BSAI and GOA. Therefore, the the EFH and HAPC management areas pollock fishery. To ensure all directed closures for these HPAs are addressed that are defined in § 679.2 and closed to fishing for pollock follows the under both management areas. Each certain gear types in § 679.22 or performance standard at § 679.7(a)(14), new paragraph refers to the respective anchoring under § 679.7. Each table lists new table in 50 CFR part 679 that the final rule revises the prohibition to the individual sites by name and contains the coordinates for that make it applicable to all pollock number within each management area management area. The final rule directed fisheries. Background on the and provides the coordinates needed to prohibits fishing with bottom contact CDQ pollock fishery and the trawl locate the boundaries of each site. These gear by federally permitted vessels in performance standard is detailed in the tables are necessary to ensure that the the HPAs. It also prohibits fishing with proposed rule (71 FR 14470, March 22, fishery participants and State and nonpelagic trawl gear in the HCAs and 2006). Federal enforcement staff are able to fishing in the HCZ with mobile bottom To ensure all directed fishing for identify those areas that are restricted to contact gear. pollock is conducted using pelagic trawl fishing activities. gear that meets the performance Section 679.24 Gear Limitations Comments and Responses standard at § 679.7(a)(14), the final rule Existing gear limitations prohibit the revises this prohibition to delete the NMFS received 11 comment letters on use of nonpelagic trawl gear for the the proposed rule that contained 19 word ‘‘non-CDQ,’’ thereby making the directed fishing of non-CDQ pollock in prohibition applicable to all pollock separate comments. The following the BSAI. Directed fishing for CDQ summarizes and responds to these directed fisheries. This revision ensures pollock was not included in this that all directed fishing for pollock in comments. prohibition for the same reasons stated Comment 1: The Federal Register the BSAI is conducted with pelagic in the proposed rule (71 FR 14470, notice of the FMP amendments is hard trawl gear in a manner that has less March 22, 2006) for the trawl to understand and should be rewritten potential impact on bottom habitat. performance standard pursuant to and published. The agency is attempting A new paragraph (a)(20) is added to § 679.7(a)(14)(i). To ensure all directed to mislead the public. prohibit the anchoring of any federally fishing for pollock is conducted with Response: The FMP amendments are permitted fishing vessel in an HPA. This pelagic trawl gear that meets the trawl large and complex changes to five prohibition applies to any vessel named performance standard, the final rule FMPs. NMFS provided a concise on an FFP or FCVP. Anchoring may revises paragraph (b)(4) to remove the summary of each of the changes to the disturb bottom habitat during term ‘‘non-CDQ.’’ This revision prevents FMPs in the Federal Register notice (71 deployment and retrieval of the anchor potential opportunistic use of FR 6031, February 6, 2006). In that and is included in those activities that nonpelagic trawl gear for pollock notice, the public was provided the are prohibited in these fragile and harvest in any CDQ trawl fishery, name, phone number and e-mail sensitive bottom habitat areas. ensuring that all directed fishing for address of a contact person and a Web The final rule also adds two new pollock is conducted with pelagic trawl site where additional information is paragraphs (a)(21) and (22) to address gear that must meet the trawl available if a proposed action is not the VMS requirements for EFH and performance standard and that is less explained to a reader’s satisfaction. The HAPC management. Paragraph (a)(21) likely to impact bottom habitat. Federal Register notice of availability of prohibits all vessels named on an FFP the FMP amendments provided or FCVP from operating in the Aleutian Section 679.28 Equipment and Operational Requirements sufficient information to the public and Islands subarea without an operable additional sources of information for VMS and without complying with the The final rule revises paragraph more details. The notice will not be requirements at § 679.28. Paragraph (f)(3)(iv) to clarify when a vessel republished. (a)(22) prohibits all vessels named on an operator must stop fishing because of Comment 2: NMFS has conflicts of FFP or FCVP from operating in the GOA VMS transmission problems. The interest by financing fishing vessels and with mobile bottom contact gear on paragraph currently specifies that receiving profits from fishing activities. board without an operable VMS and fishing must stop if the vessel operator The public loses when NMFS lets the without complying with the is informed by NMFS that the VMS is commercial fishing industry run requirements at § 679.28. not transmitting properly. The final rule rampant over the nation’s resources. further requires that fishing must stop if Response: The Magnuson-Stevens Act Section 679.22 Closures the vessel operator determines that the does provide for a Fisheries Finance The final rule adds fishing closures in VMS is not transmitting properly. This Program that makes long-term fisheries the BSAI and GOA. Paragraph (a)(12) is revision ensures that fishing is stopped loans for vessels and shoreside facilities. revised, and paragraphs (a)(13), (a)(14), as soon as possible after either NMFS or NMFS receives no financial support and (a)(15) are added to the closures the vessel operator determines that the from fishing activities, except to recover listed for the BSAI to include the VMS is not functioning properly. the costs of administration for certain Aleutian Islands Coral Habitat The final rule also revises paragraph programs such as the individual fishing Protection Areas (AICHPAs), Aleutian (f)(6) to clarify when a VMS must be quota program for halibut, sablefish, and Islands Habitat Conservation Area transmitting for all vessels that are crab. NMFS disagrees that these (AIHCA), Bowers Ridge Habitat required to have a VMS. For purposes programs create a conflict of interest. Conservation Zone (BRHCZ), and of EFH and HAPC management, the The FMP amendments for EFH and Alaska Seamount Habitat Protection final rule requires VMS transmission HAPC will result in restrictions on Areas (ASHPAs), respectively. The final while a vessel is operating in the fishing activities to preserve our rule adds new paragraphs (b)(8), (b)(9), Aleutian Islands subarea or while a nation’s marine resources. and (b)(10) to the closures listed for the vessel is operating in the GOA with Comment 3: In general, we support GOA to include the Gulf of Alaska Coral mobile bottom contact gear on board. the Council’s recommendations and the

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Secretary of Commerce’s approval of the (§ 679.7(a)(14)) and the gear limitations in the GOA for pelagic trawl gear do not FMP amendments and their in the GOA (§ 679.24(b)(4)) are eliminate the possibility that pelagic implementing regulations. established to ensure pelagic trawl gear trawl gear may contact the bottom. Response: Support is noted. is operated in a manner that is less However, the EFH EIS determined that Comment 4: The EFH EIS supports likely to impact the bottom. The given the location and use of pelagic status quo for the GOA and the Bering performance standard and gear trawl gear in the Aleutian Islands Sea. The Aleutian Islands subarea has limitation do not preclude the pelagic subarea and GOA, no impact on habitat high coral density, highly repetitive trawl from contacting the bottom. The was likely to occur (see ADDRESSES). The fishing patterns, and extensive areas public may have assumed that the Aleutian Islands subarea and GOA areas that have not been trawled, unlike the proposed rule included an off-bottom protected by this final rule are GOA and Bering Sea. We agree with the mode standard for pelagic trawl. Any comprised of either very deep waters or Council’s recommended protection statement in the final rule regarding rocky substrate that fishers using pelagic measures for the Aleutian Islands fishing for pollock with pelagic gear trawl gear avoid. Thus, this final rule subarea. should not include the phrase off- provides adequate assurance that Response: Support is noted. Even bottom mode and only should use the pelagic trawl gear fisheries would not though the EFH EIS determined that the pelagic trawl gear performance standard adversely impact protected habitat areas impacts of fishing on EFH in these and gear limitation, as specified in the in the Aleutian Islands subarea and management areas are no more than regulations. GOA. minimal, the Council and NMFS have Response: NMFS agrees with the The EFH EIS determined that pelagic the authority to implement measures comments and has incorporated the trawl gear is likely to contact soft necessary for the conservation and requested language. bottom substrate that is prevalent in the management of fishery resources, Comment 8: The performance Bering Sea. The Council is reevaluating including precautionary measures to standards for pelagic trawl gear are the potential effects of fishing on Bering protect EFH. The Council recommended inadequate to prevent seafloor habitat Sea habitat. If fishing activities are new conservation measures for EFH in impacts in the AICHPAs, the BRHCZ determined to affect Bering Sea habitat, the Aleutian Islands and GOA, but and the ASHPAs. Although trawling the Council may recommend protection deferred any new conservation within the performance standard is measures. The development of any measures for the Bering Sea pending characterized as off-bottom mode, the protection measures likely would additional analysis. standard could allow for significant include evaluation of the current pelagic Comment 5: The State of Alaska seafloor impacts. A stronger trawl gear performance standard and recently took emergency action to performance standard is needed to whether the current standard would protect the AICHPAs. We encourage the prevent pelagic trawl gear from meet Council objectives for protection of Council and NMFS to continue to work impacting these sensitive habitats habitat in the Bering Sea. with the State of Alaska to implement through bottom contact. In the BSAI, the Comment 9: NMFS’ conclusion that other EFH and HAPC protection pelagic trawl performance standard the effects of fishing on EFH are no measures in the proposed rule. based on crabs is not indicative of the more than minimal and temporary is Response: Once the EFH and HAPC lack of habitat impacts and does not fundamentally incorrect and based on regulations are finalized, NMFS and the provide adequate controls on pelagic an unlawful analysis and standard. The Council will work with the State of trawling in EFH and HAPC management conclusion of adverse impact should not Alaska to develop parallel closures in areas. The footrope may be contacting be dependent on identifying the decline State waters and fisheries. This issue is the floor even though crabs may not be in productivity of a managed species. scheduled for review by the State of observed by being retained in the net. The Council’s Scientific and Statistical Alaska Board of Fisheries in October The GOA gear limitation allowing Committee and the Center for 2006. pelagic trawl gear contact of the bottom Independent Experts told the Council Comment 6: In the preamble to the for no more than 10 percent of the tow and NMFS that this was too high a proposed rule, the comparison of the could result in large areas being standard for which scientific effect of pelagic and nonpelagic trawl impacted as some tows may extend for information is missing. The adverse gears on the bottom is not accurate. All several miles. A footrope contacting the effects of fishing on EFH must be components of a nonpelagic trawl are bottom may be particularly damaging to minimized to the extent practical. designed to contact the bottom, whereas animals anchored on or residing in the Response: NMFS responded to the only the bosom of the footrope of a upper sediments of the seafloor. The commenter’s concerns about the pelagic trawl is likely to contact the Council recommended prohibiting the analysis of the effects of fishing on EFH bottom. The comparison should not use use of pelagic trawl gear that contacts in Appendix L to the final EFH EIS. In the words ‘‘as aggressively’’ to describe the bottom in areas where bottom summary, NMFS appropriately the type of impact of these two gear contact gear is prohibited. They also considered the productivity of managed types on bottom habitat. recommended the use of pelagic trawl species to assess whether habitat Response: NMFS appreciates the gear in an off-bottom mode in the disturbance caused by fishing reduces commenter’s more descriptive AIHCA. A more stringent and the capacity of EFH to support those comparison of the bottom contact of enforceable performance standard is species. In the final EIS, NMFS pelagic and nonpelagic trawl gear. The needed to ensure pelagic trawl gear is reevaluated the effects of fishing on EFH comparison in the proposed rule was operated in a manner that does not and examined whether stock status and intended to be general and indicate that contact the bottom in areas where trends indicate any potential influence pelagic trawl gear has less contact and bottom contact gear is prohibited and to of habitat disturbance due to fishing. potentially fewer impacts than ensure operation without bottom The analysis considered whether nonpelagic trawl gear. contact in areas where pelagic trawl gear credible evidence exists to support a Comment 7: The use of the term off- in an off-bottom mode is allowed. conclusion that disturbance to EFH bottom mode in describing fishing with Response: See comment 7. NMFS caused by fishing reduces the capacity pelagic trawl gear is misleading. The agrees that the current performance of EFH to support managed species. The trawl performance standards standard in the BSAI and gear limitation analysis indicated that there are long-

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term effects of fishing on benthic habitat VMS is useful for large vessels fishing operator or NMFS personnel determine features, yet the effects on EFH are over vast areas but is not appropriate for that the VMS is not working properly. minimal because NMFS found no small vessels operating in densely Further actions required of a vessel with indication that continued fishing fished areas like Southeast Alaska. a failed VMS unit depend on the activities at the current rate and NMFS should investigate ways to ease situation, and the operator is intensity alter the capacity of EFH to the cost of VMS, especially for small encouraged to contact the NOAA Office support healthy populations of managed vessels. Difficulties in implementing of Law Enforcement immediately to species over the long term. VMS should not delay the determine the appropriate action. NMFS Comment 10: We have two concerns implementation of the EFH and HAPC does not expect the jarring of VMS units regarding the closures in Southeast regulations. on small vessels to result in a rate of Alaska to all bottom contact gear: (1) Response: In the GOA, VMS equipment malfunction any higher than Little information exists documenting requirements in this rule apply only to the failure rate of any other device with negative fixed gear impacts in this area vessels with an FFP or FCVP and mobile an antenna and wires onboard. and (2) the proposed regulations bottom contact gear on board. NMFS Comment 13: Approximately 80 contradict the statutory language which agrees that implementation of the EFH percent of the vessels holding halibut recommends closure areas to be in and HAPC regulations should not be IFQ complete their quota fishing in one pristine or undisturbed state. Data delayed by difficulties in implementing or two trips and many would never go indicate that extensive and historic VMS and that VMS is a necessary tool more than 3 nautical miles from shore. fixed gear effort has occurred in for fisheries management and A large majority of these vessels are less Southeast Alaska. Southeast Alaska enforcement. VMS is useful for tracking than 60 feet (18.3 m) length overall should be designated for research vessel locations for small and large (LOA) and most commonly are 40 foot purposes only because bottom trawling vessels. VMS is important for enforcing (12.3 m) LOA longline-troll gear vessels. is prohibited in Southeast Alaska and EFH protection areas, which are Requiring VMS for these vessels would fixed gear has been used in this area for impacted more by the gear type than the be an unsupported and unjustified nearly a century without damaging coral vessel size. The FRFA analysis shows expense. This requirement would likely or sponge habitat. We appreciate NMFS’ that in most instances, the cost of VMS result in significant legal and efforts to establish closure areas that is reasonable for small vessels. Some conservation problems. We oppose the include only identified sensitive habitat vessels may have a very small portion VMS requirement on small vessels, without surrounding productive fishing of their income derived from fishing especially in Southeast Alaska where grounds. activities that require VMS, making the enforcement opportunities are high. Response: The GOACHPAs located in cost of VMS higher relative to the Response: See response to comment Southeast Alaska were developed based revenue from those fishing activities. It 11. The VMS requirement in the GOA on in situ submersible observations by is up to the vessel owner and operator does not include longline-troll gear NOAA scientists who documented the to determine if the income from a vessels. Small vessels using mobile presence of unusually dense thickets of fishing activity requiring VMS justifies bottom contact gear (nonpelagic trawl, red tree corals. These corals are large, the expense for the VMS. In the past, dredge, or dinglebar gears) could branching, fragile, and very slow NMFS has purchased VMS units for possibly adversely affect the growing structures that enhance the some participants in the groundfish GOACHPAs. VMS is the most effective complexity of bottom habitats. They are fisheries. For fiscal year 2006, NMFS method to ensure any fishing by these susceptible to physical disturbance from has a national VMS reimbursement vessels in EFH and HAPC protection fishing gear that comes in contact with program for vessel owners who are areas is detected. them, including fixed gear. As discussed required by regulations promulgated in Comment 14: We oppose further in the EA/RIR/IRFA (see ADDRESSES), 2006 to install and operate a VMS unit imposition of VMS in fisheries longline gear can lie slack and meander for the first time. The details of this management plans. No one has along the bottom. During retrieval, the program will be available in late demonstrated the need for VMS to meet gear can snag on rocks and corals, summer 2006 through the Alaska Region enforcement goals. If VMS is required, resulting in corals that are broken, Web site at http://www.fakr.noaa.gov. NMFS must bear the cost of acquisition, tipped over, or dragged along the sea Comment 12: The legal, enforcement, installation, maintenance, and broadcast floor. The areas identified for closure and conservation concerns regarding or user fees. are relatively undisturbed, and the VMS on small vessels need to be Response: See responses to Comments purpose of the closures is to prevent resolved before implementing the 11 and 12. potential future disturbance to those requirement. What happens if the Comment 15: We oppose the use of habitat features. The closure areas were technology fails? For example, what VMS as an enforcement tool for EFH identified with active participation from happens if the VMS fails while the and HAPC areas. During the rule the fishing industry, and the size of the vessel is fishing? Would the vessel be development for the GOACHPAs, we closures was reduced in response to that required to stop fishing and leave gear were under the impression that longline input. The applicable statutory language on the grounds while returning to port fisheries would be exempt from VMS for addressing the effects of fishing on for repair work? Gear left on the grounds requirements. Also, we thought that habitat is in section 303(a)(7) of the could result in lost gear or significant dinglebar gear should have been Magnuson-Stevens Act, which requires dead loss and the fishers would exempted because the effects on bottom that fishery management plans experience loss of fishing time while habitat are no more than minimal, the ‘‘minimize to the extent practicable the waiting for repairs. Jarring of the VMS fishery is small and of a short duration, adverse effects of fishing on [EFH].’’ unit on small vessels in poor weather the FFP can be surrendered so the vessel Such areas do not have to be in a may make the unit more likely to break is exempt from VMS requirements, and pristine or undisturbed state, as down. In Southeast Alaska, repair these vessels do not fish in GOACHPAs. suggested by the commenter. locations are limited. A year round VMS requirement for Comment 11: VMS is a necessary tool Response: This final rule revises dinglebar vessels (usually less than 60 for enforcement, fisheries management, § 679.28(f)(3)(iv) to require the vessel feet (18.3 m) LOA) that participate in a and to increase fishing opportunities. operator to stop fishing if either the short duration fishery is burdensome.

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Dinglebar gear vessels should be exempt Response: The EFH EIS concluded addition, the open areas near Buldir from VMS requirements because the that the effects of fishing on EFH in Island should be adjusted to reflect impact on the GOA EFH of approximate Alaska (including the Bering Sea) are historical fishing areas and areas where four dinglebar gear vessels is likely less minimal; and therefore, NMFS is not no fishing has occurred. than the longline fleet which is exempt required by the Magnuson-Stevens Act Response: The coordinates for the from VMS. VMS is not needed for to adopt new conservation measures to open areas of the AIHCA have been dinglebar gear vessels because the reduce the effects of fishing on EFH. approved and finalized in the closure areas are mostly too deep to be NMFS concluded that the BSAI amendments to the BSAI groundfish, fished by this gear type. Fishers have Groundfish FMP complies with the salmon, crab, and scallop FMPs on May avoided the proposed protection areas Magnuson-Stevens Act requirement to 3, 2006. FMP amendments would be in the past and are unlikely to fish these minimize to the extent practicable the necessary to change the coordinates of areas in the future. Enforcement tools adverse effects of fishing on EFH. any of the open areas in the AIHCA. for the GOACHPAs should be developed Available information indicates that the NMFS encourages the public to work by working with the potentially affected eastern Bering Sea does not support the with the Council to identify any needed vessels owners and operators. kind of hard bottom habitats that sustain adjustments to the open areas in the Response: The EFH EIS notes that extensive corals and other particularly AIHCA. Until the FMPs are amended, mobile bottom tending fishing gears sensitive benthic invertebrates. NMFS is unable to change the have the greatest potential adverse However, the Council is reevaluating regulatory description of the AIHCA. effects on sensitive seafloor habitat fishing impacts on the Bering Sea Comment 19: We support the concept features. Dinglebar gear has fewer bottom habitat and may consider new of establishing open areas in the potential adverse effects than certain habitat conservation measures for this Aleutian Islands subarea where bottom other bottom tending mobile gears, such area. NMFS agrees that any National trawl gear may be used. Because fish as bottom trawls. As described in the Environmental Policy Act analysis for patterns in the Aleutian Islands subarea EA/RIR/IRFA (see ADDRESSES), Bering Sea habitat conservation must follow patterns of water flows through dinglebar gear has a heavy weight include a reasonable range of the passes, trawling occurs in the same deployed near the bottom in fisheries alternatives. areas since the 1940s and 1950s. that target groundfish, such as lingcod Comment 17: Scallop vessels fishing Establishing open areas is a practicable throughout Southeast Alaska. This gear in waters outside of Cook Inlet are means of protecting fragile coral habitats type has the potential to disturb restricted to no more than two dredges, in the Aleutian Islands subarea because sensitive bottom habitats. In the final 15 feet (4.5 m) or less in width. Scallops of this historical concentration of EIS, NMFS proposed requiring the use occur in specific, well-documented fishing effort in discrete locations. This of VMS on all fishing vessels with locations that are not identified as EFH method is less likely to work for the bottom contact gear in the GOA to protection areas. Scallop fishing is areas of broad fishing effort like the ensure adequate enforcement. Following limited to these sites. In addition, many Bering Sea. publication of the final EIS, the Council areas along the Alaska coast are closed Response: NMFS agrees that requested that NMFS exempt fixed gear to scallop dredging for various reasons. establishing open areas in the AIHCA is vessels (including pot, jig, and hook- All scallop vessels are required to carry the best approach for protection of and-line gear) from the VMS observers. For these reasons, scallop fragile habitat from the effects of fishing. requirement. The Council also requested vessels should be exempt from the EFH The Council is evaluating potential that NMFS develop a separate protection measures for the GOA. fishing impacts and protection measures comprehensive analysis of alternatives Response: Scallop dredges are heavy for the Bering Sea bottom habitat. NMFS for applying VMS for all fishing vessels steel framed devices that are dragged will work with the Council and industry in the BSAI and GOA to address along the seabed. They are designed to to ensure any proposed measures are enforcement, management, and safety create a downward force on the dredge practical and effective. and cutting bar. The effects of the gear objectives. Because the VMS Changes From and Clarification of the on bottom habitats depend on gear requirements recommended by the Proposed Rule Council would promote very effective configuration and the environments in enforcement for the gears with the which they are fished. Despite the Six minor revisions were made to the greatest potential to impact sensitive limited extent of the scallop fishery in final rule from the proposed rule to habitat features, NMFS followed the Alaska, the Council determined that the ensure the format of the regulations Council’s recommendation and retained measures designed to protect EFH remained consistent. In § 679.2, the term the VMS requirement only for vessels should apply to all bottom tending ‘‘federally permitted’’ was changed to with mobile gear, including dinglebar mobile fishing gear (and in some cases, ‘‘federally permitted vessel’’ and the gear. to all fishing gear that contacts the definition was clarified to be consistent Comment 16: The Bering Sea provides bottom). As noted in the EFH EIS, the with how the term is used in regulatory ecosystem and habitat function critical new fishery closures in the GOA are not text implementing this rule. The term to ecologically sustainable fisheries. The expected to have substantial effects on ‘‘Alaska Seamount Habitat Conservation EFH EIS contained enough information the scallop fishery. Areas’’ also was corrected to ‘‘Alaska to support EFH conservation measures Comment 18: In the Aleutian Islands Seamount Habitat Protection Areas’’ to for the Bering Sea. Until NMFS subarea, the protection areas were based ensure consistent identification of the implements regulations to minimize to on fishing locations provided by vessel areas in the regulations. In § 679.7, the extent practical the adverse effect of owners and operators in the Aleutian paragraph headings were added to fishing on EFH in the Bering Sea, NMFS Islands groundfish fisheries. The paragraphs (a)(20) through (a)(22) in the is in violation of the EFH provisions of coordinates in the proposed rule for the same manner as other paragraphs in this the Magnuson-Stevens Act. The Council Semichi block do not accurately reflect section. In addition, the term ‘‘fishing’’ needs to make progress on developing a fishing patterns. The coordinates should was removed from paragraph (a)(20) to reasonable range of alternatives, be adjusted a couple miles south and be consistent with the term ‘‘federally including a conservation management west to accommodate the difference permitted vessel’’ as defined by this alternative. between haulback and tow locations. In rule. The title to each table in the final

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rule was revised to include the text ‘‘to evaluated various alternatives (see opportunities to make up some of these Part 679,’’ in the manner as other table below) for HAPC in the GOA and BSAI. revenues by substituting fishing in other titles in part 679. In Table 26, the name A finding of no significant impact was areas. ‘‘Fariweather’’ is corrected to issued for this EA. Prohibiting the use of all bottom ‘‘Fairweather’’ for area numbers 2 and 3. NMFS prepared a final regulatory contact gear in the AICHPA could In the preamble to the proposed rule, flexibility analysis (FRFA) for this directly regulate as many as 124 small page 14476, column 3, first sentence action. The FRFA incorporates the entities. Revenues potentially at risk under the AICHPAs section, the IRFAs, a summary of the significant were less than 0.5 percent of Aleutian parenthetical clause contains a issues raised by any public comment on Islands subarea groundfish revenue, typographical error. The text the IRFAs with NMFS responses to about 4.4 percent of Aleutian Islands ‘‘onpelagic’’ should have been those comments, and a summary of the subarea halibut revenue, and less than ‘‘nonpelagic.’’ This parenthetical analyses completed to support the 0.1 percent of crab revenue. Much of the statement was intended to remind the action. The need for and objectives of revenue placed at risk could potentially reader of those gear types included in this action are contained in the be recovered by changes in fishing the bottom contact fishing gear preamble to the proposed rule location. definition. This error appeared only published in the Federal Register on Designation of the BRHCZ as HAPC, once in the entire document, and the March 22, 2006 (71 FR 14470), and are and prohibition of mobile bottom definition of bottom contact fishing gear not repeated here. The legal basis for contact gear, could potentially affect 23 includes only nonpelagic trawl. Because this action is contained in this small head-and-gut catcher/processors. the regulatory text correctly states the preamble. A summary of the FRFA and About 0.02 percent of their groundfish gears included in the bottom contact how it addresses each of the gross revenues might be placed at risk. fishing gear definition, the closures for requirements in 5 U.S.C. 604(a)(1)–(5) A no action alternative was considered the AICHPAs are specific to bottom follows. A copy of this analysis is for protection of Bowers Ridge. contact fishing gear, and the text available from NMFS (see ADDRESSES). However, the action alternative ‘‘onpelagic’’ appears only once in the provided more potential protection at Summary of Significant Issues Raised in document, no additional clarification no significant additional cost to fishing Public Comment will be published for this typographical operations. error. NMFS received 11 comment letters This rule would prohibit CDQ vessels containing 7 comments related to from directly fishing for pollock in such Classification economic impacts of the proposed a way that the vessel would have more The Acting Administrator, Alaska action. No changes were made to the than 20 crabs of any species, with a Region, NMFS, determined that the final rule from the proposed rule based carapace width greater than 1.5 inches, FMP amendments implemented by this on the comments. No comments directly on board at any time (§ 697.7(a)(14)(i)). final rule are necessary for the addressed the IRFAs, however, several CDQ vessels directly fishing for pollock conservation and management of the comments, (comments 11 through 15) also would be prohibited from using groundfish, salmon, scallop, and crab addressed economic impacts from the nonpelagic trawl gear by regulations in fisheries and that they are consistent VMS requirement for various types of § 697.24. This action could potentially with the Magnuson-Stevens Act and small vessels. Comment 10 questioned affect the six CDQ groups and the other applicable laws. the need for fixed gear closures in the pollock vessels that fish for them. This final rule has been determined to eastern GOA, and Comment 17 Because CDQ vessels currently use be not significant for the purposes of questioned the need for scallop vessels pelagic trawl gear for directed fishing Executive Order 12866. to be required to comply with EFH and for pollock, this action is not likely to NMFS prepared a final EIS for the HAPC requirements. Comments 10 affect the revenue from this activity. EFH portion of this action (see through 15, and 17 and NMFS’ While a no action alternative was ADDRESSES). A notice of availability was responses are in the preamble under considered, the action alternative published on May 6, 2005 (70 FR Comments and Responses and are not provided more potential protection and 24037), and the Record of Decision was repeated here. no significant additional cost to fishing completed on August 8, 2005. The operations. analysis indicates that fishing has long- Description and Estimate of the Number A requirement that federally term effects on benthic habitat features of Small Entities to Which the Rule Will permitted vessels operating in the off Alaska and acknowledges that Apply Aleutian Islands subarea carry and considerable scientific uncertainty The EFH protection measures for the operate VMS could potentially directly remains regarding the consequences of Aleutian Islands subarea and the GOA regulate 124 vessels with average gross such habitat changes for the sustained would have an adverse impact on small revenues of $950,000. Average productivity of managed species. entities using bottom trawl, and other installation costs are $1,550 for vessels Nevertheless, based on the best bottom contact gear, by restricting the that do not already have VMS. Annual available scientific information, the EIS areas within which they may operate. transmission costs are $451 for vessels concludes that the effects on EFH are An estimated 13 directly regulated small acquiring VMS, and $994 for vessels minimal because the analysis finds no entities might be affected in the that already have it. Average repair costs indication that continued fishing Aleutian Islands subarea. About 2.2 were estimated to be $28. An alternative activities at the current rate and percent of the revenues from all affected to exempt vessels under 32 feet LOA intensity would alter the capacity of entities (large and small) in the Aleutian was considered. This would have EFH to support healthy populations of Islands subarea could be placed at risk. exempted only three vessels. NMFS managed species over the long term. Fifty-eight small entities in the GOA determined that the potential for small Despite this conclusion, the Council might be affected. Affected entities vessels to employ bottom contact gear in elected to take precautionary measures (large and small) in the GOA could see protected EFH and HAPC waters in the to provide additional habitat protection. 4.2 percent of their revenues placed at Aleutian Islands subarea makes it NMFS also prepared an EA for the risk. Entities in the Aleutian Islands necessary for all vessels to carry VMS to HAPC portion of this action. The EA subarea and the GOA do have efficiently enforce closure areas.

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The Council recommended Alternative 2 would have amended targeting GOA slope rockfish with designating the ASHPAs as HAPC and the GOA Groundfish FMP to prohibit bottom trawls on the upper to prohibiting federally managed bottom the use of bottom trawls for targeting intermediate slope. Alternative 5A contact gear in these areas. This action slope rockfish in 11 designated areas of would have prohibited NPT gear use in could directly regulate as many as seven the GOA upper slope (200 to 1,000 m), five designated areas of the Aleutian small entities. The impact is believed to but allow vessels endorsed for trawl Islands subarea (, be very small; about 0.01 percent of gear to fish for rockfish in these areas Seguam Foraging Area, Yunaska Island, their total groundfish revenues might be with fixed gear or pelagic trawl gear. Stalemate Bank, and Bowers Ridge). An placed at risk. A no action alternative, This alternative involves more extensive important reason for not choosing and an alternative only designating five GOA closures for this fishery than the Alternative 5A was that it would impose seamounts were both considered. The preferred alternative, Alternative 5C. restrictions in the EBS. The Council latter alternative was not taken, since Therefore, on this issue, a less chose not to implement EFH fishing the 15 seamount alternative provided burdensome alternative was chosen. restrictions in the EBS. The Council greater protection, and appeared to Alternative 3 would have amended determined that current EFH knowledge impose a very small additional burden the GOA Groundfish FMP to prohibit and management experience in the EBS on small entities. the use of bottom trawl gear for targeting were insufficient to justify immediate The Council recommended five GOA slope rockfish species anywhere action. GOACHPAs off of Southeast Alaska, and on the upper slope area (200 to 1,000 Alternative 5B would have amended prohibited federally permitted vessels m), but allow vessels endorsed for trawl the GOA and BSAI Groundfish FMPs to from fishing in them with bottom gear to fish for slope rockfish with fixed prohibit the use of bottom trawl gear in contact gear. Almost 300 small entities gear or pelagic trawl gear. This designated areas of the BSAI and GOA. may have operated in proximity to these alternative involves more extensive In the EBS, bottom trawling would be areas from 1995–2003. Revenues at risk closures for this fishery than the closed in areas subject to a 5-year appear to be about 0.03 percent of total preferred alternative, Alternative 5C. rotating closures. Bottom trawls would groundfish revenue for the affected Therefore, on this issue, a less be required to have sweeps and vessels. burdensome alternative was chosen. footropes equipped with disks/bobbins The Council recommended federally Alternative 4 would have amended to reduce seafloor contact. In the permitted vessels operating with mobile the GOA and the BSAI Groundfish Aleutian Islands subarea, various bottom contact gear on board in the FMPs to prohibit the use of bottom trawl combinations of areas would have been GOA to carry transmitting VMS units. gear in designated areas of the EBS, AI, closed to bottom trawling gear under This action was expected to directly and GOA. In the EBS only, bottom trawl each of three different Alternative 5B regulate 73 small entities. Average gross gear used in the remaining open areas options (Options 1, 2, and 3). In revenues for these vessels were would be required to have disks/ addition, Options 1 and 2 would have $453,000. Although installation costs bobbins on trawl sweeps and footropes required reductions in total allowable are estimated to be $1,550, many of to reduce the impact on the bottom. The catch amounts (TACs) for Pacific cod, these vessels already have VMS. EBS was to be subject to 10-year Atka mackerel, and rockfish equivalent Therefore, average installation costs rotational closures. Alternative 4 would to the expected catch of each species were estimated to be about $400. prohibit nonpelagic trawl (NPT) gear that would have come from the closed Average transmission costs were $500, use in designated areas of the Aleutian areas. Options 1 and 2 also would have and average annual repair costs were Islands subarea (near Semisopochnoi closed specific fisheries and areas once $16. Island, Stalemate Bank, Bowers Ridge, coral/bryozoan and sponge bycatch and Seguam Foraging Area). In the limits were reached. In the GOA, Alternatives Considered GOA, Alternative 4 would have Alternative 5B would have prohibited The Council considered a suite of prohibited fishing for rockfish with fishing for all groundfish with bottom alternatives for the eastern Bering Sea bottom trawls in designated sites on the trawls in designated sites on the upper subarea (EBS) in the draft EFH EIS/RIR/ upper to intermediate slope. An to intermediate slope, and prohibited IRFA. Based on that preliminary important reason for not choosing targeting GOA slope rockfish with analysis, the Council decided not to Alternative 4 was that it would impose bottom trawls on the upper to adopt new management measures for restrictions in the EBS. The Council intermediate slope at depths between EFH protection in the EBS at this time, chose not to implement EFH fishing 200 m and 1,000 m. An important but to initiate an expanded analysis to restrictions in the EBS. The Council reason for not choosing Alternative 5B further evaluate the potential impacts of determined that current EFH knowledge was that it would have imposed fishing activities on EFH and any and management experience in the EBS restrictions in the EBS. The Council potential mitigation measures for the were insufficient to justify immediate chose not to implement EFH fishing EBS. The Council determined that action. restrictions in the EBS. The Council existing information was insufficient to Alternative 5A would have amended determined that current EFH knowledge justify immediate action to add new the GOA and BSAI Groundfish FMPs to and management experience in the EBS habitat protection measures in the EBS. prohibit the use of bottom trawl gear in were insufficient to justify immediate The following describes the expanded designated areas of the EBS, action. alternatives considered for the EFH AI, and GOA. In the EBS only, bottom The preferred alternative, Alternative protection measures for the Aleutian trawl gear used in the remaining open 5C, will amend the FMPs to prohibit the Islands subarea and GOA. areas would be required to have disks/ use of bottom trawl gear in designated Alternative 1 was the No Action bobbins on trawl sweeps and footropes. areas of the Aleutian Islands subarea (status quo) alternative. No additional The EBS was to be subject to 5-year and GOA to reduce the effects of fishing measures would have been taken to rotational closures. In the GOA, on corals, sponges, and rocky (‘‘hard minimize the effects of fishing on EFH. Alternative 4 would have prohibited bottom’’) habitats. In the Aleutian This alternative was not chosen, since it fishing for all groundfish with bottom Islands subarea, a combination of would fail to accomplish the Council’s trawls in designated sites on the upper measures will reduce the effects of all objectives. to intermediate slope, and prohibited bottom contact gear on corals and

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sponges. The management measures Both Alternatives 2 and 3 were Council considered alternatives that established by this alternative will be in chosen as part of the preferred would have exempted vessels under 25 addition to existing habitat protection alternative. Alternative 2 is the AICHPA feet LOA, under 30 feet LOA, under 32 measures (e.g., area closures, gear and would adopt six coral garden sites feet LOA, using dredge gear, and using restrictions, and limitations on fishing within the Aleutian Islands subarea as dinglebar gear. The Council chose to effort). Additionally, all bottom contact HAPC and implement fishing exclude longline vessels to reduce the fishing will be prohibited in six coral restrictions in these areas. This burden on small entities. Because garden sites, located off Semisopochnoi alternative was adopted as part of mobile bottom contact gear was believed Island, , Cape Moffet, Great Alternative 5C explained above. to create a greater potential for damage Siskin Island, , and Adak Alternative 3 would adopt an area to EFH and HAPC, these vessels Canyon, in the Aleutian Islands subarea, including Bowers Ridge and Ulm required more careful monitoring and the AICHPA. To ensure adequate Plateau as HAPC and establish the enforcement. Therefore, the alternative enforcement, VMS will be required on BRHCZ where fishing with mobile chosen by the Council requires VMS for all commercial fishing vessels in the bottom contact gear is prohibited. these vessels. Aleutian Islands subarea, as well as on Alternative 4 would have designated four sites within the Aleutian Islands Steps Taken To Minimize Economic all commercial fishing vessels operating Impacts on Small Entities in the GOA with bottom contact gear on subarea as HAPC (South /Atka, board. Alternative 5C will not include Kanaga Volcano, , and The Council recommended not new management measures for the EBS Tanaga Islands), with two options for requiring VMS for longline vessels because available information indicates gear restrictions. Alternative 4 was not operating in the GOA, thereby that the EBS does not support the kind adopted because of the limited eliminating any potential VMS costs to of hard bottom habitats that sustain information on the extent to which these vessels from this action. The extensive corals and other particularly significant corals would be protected for selection of sites for closures was sensitive benthic invertebrates. the proposed closures that was available developed through industry However, under this alternative, the to the Council. participation and based on the best Council will initiate a subsequent Alternative 5 would have adopted all information available to ensure closures analysis, specifically designed to the areas designated under Alternatives did not impose any more economic consider potential future habitat 2, 3, and 4. Alternative 5 included burden than was necessary to meet the conservation measures for the EBS Alternatives 2 and 3, which were Council’s objectives to protect EFH and (including the management options chosen, but also Alternative 4, which HAPC. A number of alternatives were identified in the EFH EIS and others). was not chosen. Therefore, Alternative 5 rejected based on lack of information to The VMS requirement for the Aleutian was not chosen. support the need for protection Islands subarea was adopted under Alternatives considered for the measures or due to economic impact Alternative 5C, but additional GOACHPA are as follows: beyond what was needed to meet the Alternative 1 was the no action alternatives for the GOA VMS Council’s objectives. alternative. This alternative did not requirement were considered and are advance the Council’s objectives. Description of Reporting, Recordkeeping described below. Therefore, Alternative 1 was not chosen. and Other Compliance Requirements Alternative 6 would have amended Alternative 2 would have designated The IRFAs did not reveal any Federal the GOA and BSAI Groundfish FMPs, three sites along the continental slope at rules that duplicate, overlap, or conflict the Pacific Salmon FMP, the Alaska Sanak, Albatross, and Middleton Islands with this action. The VMS portion of Scallop FMP, the BSAI Crab FMP, and as HAPC and close sites to either mobile this action would add new reporting Pacific Halibut Act regulations to bottom-contact gear or bottom trawling requirements for vessels that carry an prohibit the use of all bottom tending for five years. Alternative 2 was more FFP or FCVP and fish in any fishery in gear (dredges, bottom trawls, pelagic burdensome than the preferred the Aleutian Islands subarea, or those trawls that contact the bottom, Alternative 3. Alternative 2 revenues at that carry an FFP or FCVP and have longlines, dinglebars, and pots) within risk for trawler catcher vessels had risen mobile bottom contact fishing gear approximately 20 percent of the fishable to 2 to 3 percent of their gross revenues onboard while operating in the GOA. waters (i.e., 20 percent of the waters in some historical years. These fishing operations would be shallower than 1,000 m) in the BSAI The preferred alternative, Alternative required to carry VMS units and to and GOA. This alternative would have 3, designates four areas near Cape report their locations every half hour implemented EFH restrictions in the Omaney, Fairweather Grounds NW., while they are participating in fisheries EBS. The Council chose not to and Fairweather Grounds SW., as subject to the requirement. Moreover, implement EFH fishing restrictions in HAPC. It would establish the they would be required to notify NOAA the EBS. The Council determined that GOACHPAs and prohibit bottom- Office of Law Enforcement (OLE) that current EFH knowledge and contact gear within these five smaller their VMS units are active, once management experience in the EBS areas inside these HAPC. As noted installed, and before vessel operation. were insufficient to justify immediate above, this alternative had very small They also would be required to notify action. This alternative would have impacts on the fleet. NOAA OLE in the event of a breakdown imposed relatively heavy burdens on Alternative 4 would adopt all HAPC in the unit. entities operating in the BSAI and the specified in Alternatives 2 and 3 with GOA. the same boundaries and management Small Entity Compliance Guide Alternatives considered for the measures. Alternative 4 was ruled out Section 212 of the Small Business AICHPAs are as follows: when the Council chose not to adopt Regulatory Enforcement Fairness Act of Alternative 1 was the no action Alternative 2. 1996 states that, for each rule, or group alternative. This alternative would not Alternatives considered for VMS of related rules for which an agency is have met the Council’s HAPC protection requirements for the GOA included required to prepare a FRFA, the agency objectives. Therefore, Alternative 1 was longline vessels as well as mobile shall publish one or more guides to not chosen. bottom contact gear vessels. The assist small entities in complying with

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the rule and shall designate such PART 679—FISHERIES OF THE areas of particular concern in the BSAI. publications as ‘‘small entity EXCLUSIVE ECONOMIC ZONE OFF See Table 25 to this part. compliance guides.’’ The agency shall ALASKA * * * * * explain the actions a small entity is Federally permitted vessel means a I 1. The authority citation for part 679 required to take to comply with a rule vessel that is named on either a Federal continues to read as follows: or group of rules. As part of this fisheries permit issued pursuant to rulemaking process, NMFS Alaska Authority: 16 U.S.C. 773 et seq.; 1540(f); § 679.4(b) or on a Federal crab vessel 1801 et seq.; 1851 note; 3631 et seq. Region has developed a Web site that permit issued pursuant to § 680.4(k) of provides easy access to details of this I 2. In § 679.2, add in alphabetical order this chapter. Federally permitted vessels final rule, including links to the final the new definitions for ‘‘Alaska must conform to regulatory rule, maps of closure areas, and Seamount Habitat Protection Areas’’, requirements for purposes of fishing frequently asked questions regarding ‘‘Aleutian Islands Coral Habitat restrictions in habitat conservation areas, habitat conservation zones, and EFH. The relevant information available Protection Areas’’, ‘‘Aleutian Islands habitat protection areas; for purposes of on the Web site is the Small Entity Habitat Conservation Area’’, ‘‘Bowers anchoring prohibitions in habitat Compliance Guide. The Web site Ridge Habitat Conservation Zone’’, ‘‘Federally permitted vessel’’, ‘‘Gulf of protection areas; and for purposes of address is http://www.fakr.noaa.gov/ Alaska Coral Habitat Protection Areas’’, VMS requirements. habitat/efh.htm. Copies of this final rule ‘‘Gulf of Alaska Slope Habitat * * * * * are available upon request from the Conservation Areas’’, and ‘‘Operate a Gulf of Alaska Coral Habitat NMFS, Alaska Regional Office (see vessel’’; and under the term Protection Areas means management ADDRESSES). ‘‘Authorized fishing gear’’, redesignate areas established for the protection of This final rule contains a collection- paragraphs (9) through (17) as coral habitat areas of particular concern of-information requirement subject to paragraphs (12) through (20), in the Gulf of Alaska. See Table 26 to the Paperwork Reduction Act (PRA) and redesignate paragraphs (2) through (8) as this part. that has been approved by the Office of paragraphs (4) through (10), redesignate Gulf of Alaska Slope Habitat Management and Budget (OMB) under paragraph (1) as paragraph (2), and add Conservation Areas means management control number OMB 0648–0445. Public paragraphs (1), (3), and (11) to read as areas established for the protection of reporting burden per response are follows: essential fish habitat on the Gulf of Alaska slope. See Table 27 to this part. estimated to average: 6 seconds for each § 679.2 Definitions. VMS transmission, 12 minutes for VMS * * * * * * * * * * Operate a vessel means for purposes check-in form, 6 hours for VMS Alaska Seamount Habitat Protection of VMS that the fishing vessel is: installation, and 4 hours for VMS Areas means management areas (1) Offloading or processing fish; annual maintenance. The response established for the protection of (2) In transit to, from, or between the times include the time for reviewing seamount habitat areas of particular fishing areas; or instructions, searching existing data concern in the BSAI and GOA. See (3) Fishing or conducting operations sources, gathering and maintaining the Table 22 to this part. in support of fishing. data needed, and completing and * * * * * * * * * * reviewing the collection-of-information. Aleutian Islands Coral Habitat I 3. In § 679.4, paragraph (k)(3)(iv)(A) is Send comments regarding these burden Protection Areas means management revised to read as follows: estimates or any other aspect of this data areas established for the protection of collection, including suggestions for certain coral garden areas in the § 679.4 Permits. reducing the burden, to NMFS (see Aleutian Islands subarea. See Table 23 * * * * * ADDRESSES) and by e-mail to to this part. (k) * * * [email protected], or fax to Aleutian Islands Habitat Conservation (3) * * * (iv) * * * 202–395–7285. Area means a management area established for the protection of fish (A) General. A vessel may only use Notwithstanding any other provision habitat in the Aleutian Islands subarea. gear consistent with the gear of the law, no person is required to See Table 24 to this part. designation on the LLP license respond to, and no person shall be authorizing the use of that vessel to fish subject to penalty for failure to comply * * * * * for license limitation groundfish or crab Authorized fishing gear * * *. species, except that a vessel fishing with, a collection-of-information subject (1) Bottom contact gear means under authority of an LLP license to the requirements of the PRA, unless nonpelagic trawl, dredge, dinglebar, pot, endorsed only for trawl gear may fish that collection-of-information displays a or hook-and-line gear. currently valid OMB control number. for slope rockfish with non-trawl gear * * * * * within the Gulf of Alaska Slope Habitat List of Subjects in 50 CFR Part 679 (3) Dredge means a dredge-like device Conservation Areas, as described in designed specifically for and capable of Table 27 to this part. Alaska, Fisheries, Recordkeeping and taking scallops by being towed along the reporting requirements. ocean floor. * * * * * I 4. In § 679.7, paragraph (a)(14)(i) is * * * * * Dated: June 22, 2006. revised, and paragraphs (a)(20) through James W. Balsiger, (11) Mobile bottom contact gear means nonpelagic trawl, dredge, or (a)(22) are added to read as follows: Acting Deputy Assistant Administrator for dinglebar gear. Regulatory Programs, National Marine § 679.7 Prohibitions. Fisheries Service. * * * * * * * * * * Bowers Ridge Habitat Conservation (a) * * * I For reasons set out in the preamble, 50 Zone means a management area (14) * * * CFR part 679 is amended as follows: established for the protection of the (i) BSAI. Use a vessel to participate in Bowers Ridge and Ulm Plateau habitat a directed fishery for pollock using

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trawl gear and have on board the vessel, Protection Areas, as described in Table (b) * * * at any particular time, 20 or more crabs 23 to this part. (4) BSAI pollock nonpelagic trawl of any species that have a carapace (14) Aleutian Islands Habitat prohibition. No person may use width of more than 1.5 inches (38 mm) Conservation Area. Except within those nonpelagic trawl gear to engage in at the widest dimension. areas identified as opened to nonpelagic directed fishing for pollock in the BSAI. * * * * * trawl gear fishing in Table 24 to this * * * * * part, no federally permitted vessel may (20) Anchoring in a habitat protection I 7. In § 679.28, paragraphs (f)(3)(iv) fish with nonpelagic trawl gear in the area. Anchor any federally permitted and (f)(6) are revised to read as follows: vessel in any habitat protection area Aleutian Islands Habitat Conservation described in Tables 22, 23, and 26 of Area, as described in Table 24 to this § 679.28 Equipment and operational this part. part. requirements. (21) VMS on vessels in the Aleutian (15) Bowers Ridge Habitat * * * * * Islands subarea. Operate a federally Conservation Zone. No federally (f) * * * permitted vessel in the Aleutian Islands permitted vessel may fish with mobile (3) * * * subarea without an operable VMS and bottom contact gear in the Bowers Ridge (iv) Stop fishing immediately if: without complying with the Habitat Conservation Zone, as described (A) Informed by NMFS staff or an requirements at § 679.28. in Table 25 to this part. authorized officer that NMFS is not (b) * * * receiving position reports from the VMS (22) VMS for mobile bottom contact (8) Alaska Seamount Habitat gear vessels in the GOA. Operate a transmitter, or Protection Areas. No federally permitted (B) The vessel operator determines federally permitted vessel in the GOA vessel may fish with bottom contact gear with mobile bottom contact gear on that the VMS is not transmitting in the Alaska Seamount Habitat properly. board without an operable VMS and Protection Areas, as described in Table without complying with the 22 to this part. * * * * * requirements at § 679.28. (9) Gulf of Alaska Coral Habitat (6) When must the VMS transmitter be * * * * * Protection Areas. No federally permitted transmitting? Your vessel’s transmitter must be transmitting if: I 5. In § 679.22, paragraph (a)(12) is vessel may fish with bottom contact gear (i) You operate a vessel in any revised and paragraphs (a)(13) through in the Gulf of Alaska Coral Habitat reporting area (see definitions at § 679.2) (a)(15) and (b)(8) through (b)(10) are Protection Areas, as described in Table off Alaska while in any fishery requiring added to read as follows: 26 to this part. (10) Gulf of Alaska Slope Habitat VMS, for which the vessel has a species § 679.22 Closures. Conservation Areas. No federally and gear endorsement on its Federal (a) * * * permitted vessel may fish with fisheries permit under § 679.4(b)(5)(vi), (12) Alaska Seamount Habitat nonpelagic trawl gear in the Gulf of is open; Protection Areas. No federally permitted Alaska Slope Habitat Conservation (ii) You operate a federally permitted vessel may fish with bottom contact gear Areas, as described in Table 27 to this vessel in the Aleutian Islands subarea; in the Alaska Seamount Habitat part. or Protection Areas, as described in Table * * * * * (iii) You operate a federally permitted vessel in the GOA and have mobile 22 to this part. I 6. In § 679.24, paragraph (b)(4) is bottom contact gear on board. (13) Aleutian Islands Coral Habitat revised to read as follows: Protection Areas. No federally permitted * * * * * vessel may fish with bottom contact gear § 679.24 Gear limitations. I 8. In 50 CFR part 679, tables 22 in the Aleutian Islands Coral Habitat * * * * * through 27 are added to read as follows:

TABLE 22 TO PART 679.—ALASKA SEAMOUNT HABITAT PROTECTION AREAS

Area No. Name Latitude Longitude

1 ...... Dickins Seamount ...... 54 39.00 N 136 48.00 W 54 39.00 N 137 9.00 W 54 27.00 N 137 9.00 W 54 27.00 N 136 48.00 W

2 ...... Denson Seamount ...... 54 13.20 N 137 6.00 W 54 13.20 N 137 36.00 W 53 57.00 N 137 36.00 W 53 57.00 N 137 6.00 W

3 ...... Brown Seamount ...... 55 0.00 N 138 24.00 W 55 0.00 N 138 48.00 W 54 48.00 N 138 48.00 W 54 48.00 N 138 24.00 W

4 ...... Welker Seamount ...... 55 13.80 N 140 9.60 W 55 13.80 N 140 33.00 W 55 1.80 N 140 33.00 W 55 1.80 N 140 9.60 W

5 ...... Dall Seamount ...... 58 18.00 N 144 54.00 W 58 18.00 N 145 48.00 W 57 45.00 N 145 48.00 W

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TABLE 22 TO PART 679.—ALASKA SEAMOUNT HABITAT PROTECTION AREAS—Continued

Area No. Name Latitude Longitude

57 45.00 N 144 54.00 W

6 ...... Quinn Seamount ...... 56 27.00 N 145 0.00 W 56 27.00 N 145 24.00 W 56 12.00 N 145 24.00 W 56 12.00 N 145 0.00 W

7 ...... Giacomini Seamount ...... 56 37.20 N 146 7.20 W 56 37.20 N 146 31.80 W 56 25.20 N 146 31.80 W 56 25.20 N 146 7.20 W

8 ...... Kodiak Seamount ...... 57 0.00 N 149 6.00 W 57 0.00 N 149 30.00 W 56 48.00 N 149 30.00 W 56 48.00 N 149 6.00 W

9 ...... Odessey Seamount ...... 54 42.00 N 149 30.00 W 54 42.00 N 150 0.00 W 54 30.00 N 150 0.00 W 54 30.00 N 149 30.00 W

10 ...... Patton Seamount ...... 54 43.20 N 150 18.00 W 54 43.20 N 150 36.00 W 54 34.20 N 150 36.00 W 54 34.20 N 150 18.00 W

11 ...... Chirikof & Marchand Seamounts ...... 55 6.00 N 151 0.00 W 55 6.00 N 153 42.00 W 54 42.00 N 153 42.00 W 54 42.00 N 151 0.00 W

12 ...... Sirius Seamount ...... 52 6.00 N 160 36.00 W 52 6.00 N 161 6.00 W 51 57.00 N 161 6.00 W 51 57.00 N 160 36.00 W

13 ...... Derickson Seamount ...... 53 0.00 N 161 0.00 W 53 0.00 N 161 30.00 W 52 48.00 N 161 30.00 W 52 48.00 N 161 0.00 W

14 ...... Unimak Seamount ...... 53 48.00 N 162 18.00 W 53 48.00 N 162 42.00 W 53 39.00 N 162 42.00 W 53 39.00 N 162 18.00 W

15 ...... Bowers Seamount ...... 54 9.00 N 174 52.20 E 54 9.00 N 174 42.00 E 54 4.20 N 174 42.00 E 54 4.20 N 174 52.20 E Note: Each 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. Projected coordinate system is North American Datum 1983, Albers.

TABLE 23 TO PART 679.—ALEUTIAN ISLANDS CORAL HABITAT PROTECTION AREAS

Area No. Name Latitude Longitude

1 ...... Great Sitkin I ...... 52 9.56 N 176 6.14 W 52 9.56 N 176 12.44 W 52 4.69 N 176 12.44 W 52 6.59 N 176 6.12 W

2 ...... Cape Moffett I ...... 52 0.11 N 176 46.65 W 52 0.10 N 176 53.00 W 51 55.69 N 176 53.00 W 51 55.69 N 176 48.59 W 51 57.96 N 176 46.52 W

3 ...... Adak Canyon ...... 51 39.00 N 177 0.00 W 51 39.00 N 177 3.00 W 51 30.00 N 177 3.00 W

VerDate Aug<31>2005 15:04 Jun 27, 2006 Jkt 208001 PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 E:\FR\FM\28JNR1.SGM 28JNR1 mstockstill on PROD1PC61 with RULES Federal Register / Vol. 71, No. 124 / Wednesday, June 28, 2006 / Rules and Regulations 36705

TABLE 23 TO PART 679.—ALEUTIAN ISLANDS CORAL HABITAT PROTECTION AREAS—Continued

Area No. Name Latitude Longitude

51 30.00 N 177 0.00 W

4 ...... Bobrof I ...... 51 57.35 N 177 19.94 W 51 57.36 N 177 29.11 W 51 51.65 N 177 29.11 W 51 51.71 N 177 19.93 W

5 ...... Ulak I ...... 51 25.85 N 178 59.00 W 51 25.69 N 179 6.00 W 51 22.28 N 179 6.00 W 51 22.28 N 178 58.95 W

6 ...... Semisopochnoi I ...... 51 53.10 N 179 53.11 E 51 53.10 N 179 46.55 E 51 48.84 N 179 46.55 E 51 48.89 N 179 53.11 E Note: Each 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. Projected coordinate system is North American Datum 1983, Albers.

TABLE 24 TO PART 679.—EXCEPT AS NOTED, LOCATIONS IN THE ALEUTIAN ISLANDS HABITAT CONSERVATION AREA OPEN TO NONPELAGIC TRAWL FISHING

Area No. Name Latitude Longitude Footnote

1 ...... Islands of 4 Mountains North ...... 52 54.00 N ...... 170 18.00 W. 52 54.00 N ...... 170 24.00 W. 52 42.00 N ...... 170 24.00 W. 52 42.00 N ...... 170 18.00 W.

2 ...... Islands of 4 Mountains West ...... 53 12.00 N ...... 170 0.00 W. 53 12.00 N ...... 170 12.00 W. 53 6.00 N ...... 170 12.00 W. 53 6.00 N ...... 170 30.00 W. 53 0.00 N ...... 170 30.00 W. 53 0.00 N ...... 170 48.00 W. 52 54.00 N ...... 170 48.00 W. 52 54.00 N ...... 170 54.00 W. 52 48.00 N ...... 170 54.00 W. 52 48.00 N ...... 170 30.00 W. 52 54.00 N ...... 170 30.00 W. 52 54.00 N ...... 170 24.00 W. 53 0.00 N ...... 170 24.00 W. 53 0.00 N ...... 170 0.00 W.

3 ...... Yunaska I. South ...... 52 24.00 N ...... 170 30.00 W. 52 24.00 N ...... 170 54.00 W. 52 12.00 N ...... 170 54.00 W. 52 12.00 N ...... 170 30.00 W.

4 ...... I. North ...... 52 54.00 N ...... 171 6.00 W. 52 54.00 N ...... 171 30.00 W. 52 48.00 N ...... 171 30.00 W. 52 48.00 N ...... 171 36.00 W. 52 42.00 N ...... 171 36.00 W. 52 42.00 N ...... 171 12.00 W. 52 48.00 N ...... 171 12.00 W. 52 48.00 N ...... 171 6.00 W.

5 ...... Amukta Pass North ...... 52 42.00 N ...... 171 42.00 W. 52 42.00 N ...... 172 6.00 W. 52 36.00 N ...... 172 6.00 W. 52 36.00 N ...... 171 42.00 W.

6 ...... Amlia North/Seguam ...... 52 42.00 N ...... 172 12.00 W. 52 42.00 N ...... 172 30.00 W. 52 30.00 N ...... 172 30.00 W. 52 30.00 N ...... 172 36.00 W. 52 36.00 N ...... 172 36.00 W. 52 36.00 N ...... 172 42.00 W. 52 39.00 N ...... 172 42.00 W. 52 39.00 N ...... 173 24.00 W.

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TABLE 24 TO PART 679.—EXCEPT AS NOTED, LOCATIONS IN THE ALEUTIAN ISLANDS HABITAT CONSERVATION AREA OPEN TO NONPELAGIC TRAWL FISHING—Continued

Area No. Name Latitude Longitude Footnote

52 36.00 N ...... 173 30.00 W. 52 36.00 N ...... 173 36.00 W. 52 30.00 N ...... 173 36.00 W. 52 30.00 N ...... 174 0.00 W. 52 27.00 N ...... 174 0.00 W. 52 27.00 N ...... 174 6.00 W. 52 23.93 N ...... 174 6.00 W ...... 1 52 13.71 N ...... 174 6.00 W. 52 12.00 N ...... 174 6.00 W. 52 12.00 N ...... 174 0.00 W. 52 9.00 N ...... 174 0.00 W. 52 9.00 N ...... 173 0.00 W. 52 6.00 N ...... 173 0.00 W. 52 6.00 N ...... 172 45.00 W. 51 54.00 N ...... 172 45.00 W. 51 54.00 N ...... 171 48.00 W. 51 48.00 N ...... 171 48.00 W. 51 48.00 N ...... 171 42.00 W. 51 54.00 N ...... 171 42.00 W. 52 12.00 N ...... 171 42.00 W. 52 12.00 N ...... 171 48.00 W. 52 18.00 N ...... 171 48.00 W. 52 18.00 N ...... 171 42.00 W. 52 30.00 N ...... 171 42.00 W. 52 30.00 N ...... 171 54.00 W. 52 24.00 N ...... 171 54.00 W. 52 24.00 N ...... 172 0.00 W. 52 12.00 N ...... 172 0.00 W. 52 12.00 N ...... 172 42.00 W. 52 18.00 N ...... 172 42.00 W. 52 18.00 N ...... 172 37.13 W ...... 2 52 18.64 N ...... 172 36.00 W. 52 24.00 N ...... 172 36.00 W. 52 24.00 N ...... 172 12.00 W ...... 6 Amlia North/Seguam donut ...... 52 33.00 N ...... 172 42.00 W ...... 5 52 33.00 N ...... 173 6.00 W ...... 5 52 30.00 N ...... 173 6.00 W ...... 5 52 30.00 N ...... 173 18.00W ...... 5 52 24.00 N ...... 173 18.00 W ...... 5 52 24.00 N ...... 172 48.00 W ...... 5 52 30.00 N ...... 172 48.00 W ...... 5 52 0.00 N ...... 172 42.00 W ...... 5, 7

7 ...... Atka/Amlia South ...... 52 0.00 N ...... 173 18.00 W. 52 0.00 N ...... 173 54.00 W. 52 3.08 N ...... 173 54.00 W ...... 2 52 6.00 N ...... 173 58.00 W. 52 6.00 N ...... 174 6.00 W. 52 0.00 N ...... 174 18.00 W. 52 0.00 N ...... 174 12.00 W. 51 54.00 N ...... 174 12.00 W. 51 54.00 N ...... 174 18.00 W. 52 6.00 N ...... 174 18.00 W. 52 6.00 N ...... 174 21.86 W ...... 1 52 4.39 N ...... 174 30.00 W. 52 3.09 N ...... 174 30.00 W ...... 1 52 2.58 N ...... 174 30.00 W. 52 0.00 N ...... 174 30.00 W. 52 0.00 N ...... 174 36.00 W. 51 54.00 N ...... 174 36.00 W. 51 54.00 N ...... 174 54.00 W. 51 48.00 N ...... 174 54.00 W. 51 48.00 N ...... 173 24.00 W. 51 54.00 N ...... 173 24.00 W. 51 54.00 N ...... 173 18.00 W.

8 ...... Atka I. North ...... 52 30.00 N ...... 174 24.00 W. 52 30.00 N ...... 174 30.00 W. 52 24.00 N ...... 174 30.00 W. 52 24.00 N ...... 174 48.00 W. 52 18.00 N ...... 174 48.00 W.

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TABLE 24 TO PART 679.—EXCEPT AS NOTED, LOCATIONS IN THE ALEUTIAN ISLANDS HABITAT CONSERVATION AREA OPEN TO NONPELAGIC TRAWL FISHING—Continued

Area No. Name Latitude Longitude Footnote

52 18.00 N ...... 174 54.00 W. 52 12.00 N ...... 174 54.00 W. 52 12.00 N ...... 175 18.00 W. 52 1.14 N ...... 175 18.00 W ...... 1 52 2.19 N ...... 175 12.00 W. 52 6.00 N ...... 175 12.00 W. 52 6.00 N ...... 174 55.51 W ...... 1 52 6.00 N ...... 174 54.04 W. 52 6.00 N ...... 174 48.00 W. 52 12.00 N ...... 174 48.00 W. 52 12.00 N ...... 174 26.85 W ...... 1 52 12.94 N ...... 174 18.00 W. 52 16.80 N ...... 174 18.00 W ...... 1 52 17.06 N ...... 174 18.00 W. 52 17.64 N ...... 174 18.00 W ...... 1 52 18.00 N ...... 174 19.12 W. 52 18.00 N ...... 174 20.04 W ...... 1 52 19.37 N ...... 174 24.00 W.

9 ...... Atka I. South ...... 52 0.68 N ...... 175 12.00 W ...... 2 52 0.76 N ...... 175 18.00 W. 52 0.00 N ...... 175 18.00 W. 52 0.00 N ...... 175 12.00 W.

10 ...... Adak I. East ...... 52 12.00 N ...... 176 36.00 W. 52 12.00 N ...... 176 36.00 W. 52 12.00 N ...... 176 0.00 W. 52 2.59 N ...... 176 0.00 W ...... 1 52 1.79 N ...... 176 0.00 W. 52 0.00 N ...... 176 0.00 W. 52 0.00 N ...... 175 48.00 W. 51 57.74 N ...... 175 48.00 W ...... 1 51 55.48 N ...... 175 48.00 W. 51 54.00 N ...... 175 48.00 W. 51 54.00 N ...... 176 0.00 W ...... 1 51 53.09 N ...... 176 6.00 W. 51 51.40 N ...... 176 6.00 W ...... 1 51 49.67 N ...... 176 6.00 W. 51 48.73 N ...... 176 6.00 W ...... 1 51 48.00 N ...... 176 6.36 W. 51 48.00 N ...... 176 9.82 W ...... 1 51 48.00 N ...... 176 9.99 W. 51 48.00 N ...... 176 16.19 W ...... 1 51 48.00 N ...... 176 24.71 W. 51 48.00 N ...... 176 25.71 W ...... 1 51 45.58 N ...... 176 30.00 W. 51 42.00 N ...... 176 30.00 W. 51 42.00 N ...... 176 33.92 W ...... 1 51 41.22 N ...... 176 42.00 W. 51 30.00 N ...... 176 42.00 W. 51 30.00 N ...... 176 36.00 W. 51 36.00 N ...... 176 36.00 W. 51 36.00 N ...... 176 0.00 W. 51 42.00 N ...... 176 0.00 W. 51 42.00 N ...... 175 36.00 W. 51 48.00 N ...... 175 36.00 W. 51 48.00 N ...... 175 18.00 W. 51 51.00 N ...... 175 18.00 W. 51 51.00 N ...... 175 0.00 W. 51 57.00 N ...... 175 0.00 W. 51 57.00 N ...... 175 18.00 W. 52 0.00 N ...... 175 18.00 W. 52 0.00 N ...... 175 30.00 W. 52 3.00 N ...... 175 30.00 W. 52 3.00 N ...... 175 36.00 W.

11 ...... Cape Adagdak ...... 52 6.00 N ...... 176 12.44 W. 52 6.00 N ...... 176 30.00 W. 52 3.00 N ...... 176 30.00 W. 52 3.00 N ...... 176 42.00 W. 52 0.00 N ...... 176 42.00 W.

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TABLE 24 TO PART 679.—EXCEPT AS NOTED, LOCATIONS IN THE ALEUTIAN ISLANDS HABITAT CONSERVATION AREA OPEN TO NONPELAGIC TRAWL FISHING—Continued

Area No. Name Latitude Longitude Footnote

52 0.00 N ...... 176 46.64 W. 51 57.92 N ...... 176 46.51 W ...... 1 51 54.00 N ...... 176 37.07 W. 51 54.00 N ...... 176 18.00 W. 52 0.00 N ...... 176 18.00 W. 52 0.00 N ...... 176 12.00 W. 52 2.85 N ...... 176 12.00 W ...... 1 52 4.69 N ...... 176 12.44 W.

12 ...... Cape Kiguga/Round Head ...... 52 0.00 N ...... 176 53.00 W. 52 0.00 N ...... 177 6.00 W. 51 56.06 N ...... 177 6.00 W ...... 1 51 54.00 N ...... 177 2.84 W. 51 54.00 N ...... 176 54.00 W. 51 48.79 N ...... 176 54.00 W ...... 1 51 48.00 N ...... 176 50.35 W. 51 48.00 N ...... 176 43.14 W ...... 1 51 55.69 N ...... 176 48.59 W. 51 55.69 N ...... 176 53.00 W.

13 ...... Adak Strait South ...... 51 42.00 N ...... 176 55.77 W. 51 42.00 N ...... 177 12.00 W. 51 30.00 N ...... 177 12.00 W. 51 36.00 N ...... 177 6.00 W. 51 36.00 N ...... 177 3.00 W. 51 39.00 N ...... 177 3.00 W. 51 39.00 N ...... 177 0.00 W. 51 36.00 N ...... 177 0.00 W. 51 36.00 N ...... 176 57.72 W ...... 3

14 ...... Bay of Waterfalls ...... 51 38.62 N ...... 176 54.00 W. 51 36.00 N ...... 176 54.00 W. 51 36.00 N ...... 176 55.99 W ...... 3

15 ...... Tanaga/Kanaga North ...... 51 54.00 N ...... 177 12.00 W. 51 54.00 N ...... 177 19.93 W. 51 51.71 N ...... 177 19.93 W. 51 51.65 N ...... 177 29.11 W. 51 54.00 N ...... 177 29.11 W. 51 54.00 N ...... 177 30.00 W. 51 57.00 N ...... 177 30.00 W. 51 57.00 N ...... 177 42.00 W. 51 54.00 N ...... 177 42.00 W. 51 54.00 N ...... 177 54.00 W. 51 50.92 N ...... 177 54.00 W ...... 1 51 48.00 N ...... 177 46.44 W. 51 48.00 N ...... 177 42.00 W. 51 42.59 N ...... 177 42.00 W ...... 1 51 45.57 N ...... 177 24.01 W. 51 48.00 N ...... 177 24.00 W. 51 48.00 N ...... 177 14.08 W ...... 4

16 ...... Tanaga/Kanaga South ...... 51 43.78 N ...... 177 24.04 W ...... 1 51 42.37 N ...... 177 42.00 W. 51 42.00 N ...... 177 42.00 W. 51 42.00 N ...... 177 50.04 W ...... 1 51 40.91 N ...... 177 54.00 W. 51 36.00 N ...... 177 54.00 W. 51 36.00 N ...... 178 0.00 W. 51 38.62 N ...... 178 0.00 W ...... 1 51 42.52 N ...... 178 6.00 W. 51 49.34 N ...... 178 6.00 W ...... 1 51 51.35 N ...... 178 12.00 W. 51 48.00 N ...... 178 12.00 W. 51 48.00 N ...... 178 30.00 W. 51 42.00 N ...... 178 30.00 W. 51 42.00 N ...... 178 36.00 W. 51 36.26 N ...... 178 36.00 W ...... 1 51 35.75 N ...... 178 36.00 W. 51 27.00 N ...... 178 36.00 W. 51 27.00 N ...... 178 42.00 W.

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TABLE 24 TO PART 679.—EXCEPT AS NOTED, LOCATIONS IN THE ALEUTIAN ISLANDS HABITAT CONSERVATION AREA OPEN TO NONPELAGIC TRAWL FISHING—Continued

Area No. Name Latitude Longitude Footnote

51 21.00 N ...... 178 42.00 W. 51 21.00 N ...... 178 24.00 W. 51 24.00 N ...... 178 24.00 W. 51 24.00 N ...... 178 12.00 W. 51 30.00 N ...... 178 12.00 W. 51 30.00 N ...... 177 24.00 W.

17 ...... Pass East ...... 51 42.00 N ...... 178 48.00 W. 51 42.00 N ...... 179 18.00 W. 51 45.00 N ...... 179 18.00 W. 51 45.00 N ...... 179 36.00 W. 51 42.00 N ...... 179 36.00 W. 51 42.00 N ...... 179 39.00 W. 51 30.00 N ...... 179 39.00 W. 51 30.00 N ...... 179 36.00 W. 51 18.00 N ...... 179 36.00 W. 51 18.00 N ...... 179 24.00 W. 51 30.00 N ...... 179 24.00 W. 51 30.00 N ...... 179 0.00 W. 51 25.82 N ...... 179 0.00 W. 51 25.85 N ...... 178 59.00 W. 51 24.00 N ...... 178 58.97 W. 51 24.00 N ...... 178 54.00 W. 51 30.00 N ...... 178 54.00 W. 51 30.00 N ...... 178 48.00 W. 51 32.69 N ...... 178 48.00 W ...... 1 51 33.95 N ...... 178 48.00 W.

18 ...... Amatignak I ...... 51 18.00 N ...... 178 54.00 W. 51 18.00 N ...... 179 5.30 W ...... 1 51 18.00 N ...... 179 6.75 W. 51 18.00 N ...... 179 12.00 W. 51 6.00 N ...... 179 12.00 W. 51 6.00 N ...... 179 0.00 W. 51 12.00 N ...... 179 0.00 W. 51 12.00 N ...... 178 54.00 W.

19 ...... Amchitka Pass Center ...... 51 30.00 N ...... 179 48.00 W. 51 30.00 N ...... 180 0.00 W. 51 24.00 N ...... 180 0.00 W. 51 24.00 N ...... 179 48.00 W.

20 ...... Amchitka Pass West ...... 51 36.00 N ...... 179 54.00 E. 51 36.00 N ...... 179 36.00 E. 51 30.00 N ...... 179 36.00 E. 51 30.00 N ...... 179 45.00 E. 51 27.00 N ...... 179 48.00 E. 51 24.00 N ...... 179 48.00 E. 51 24.00 N ...... 179 54.00 E.

21 ...... Petrel Bank ...... 52 51.00 N ...... 179 12.00 W. 52 51.00 N ...... 179 24.00 W. 52 48.00 N ...... 179 24.00 W. 52 48.00 N ...... 179 30.00 W. 52 42.00 N ...... 179 30.00 W. 52 42.00 N ...... 179 36.00 W. 52 36.00 N ...... 179 36.00 W. 52 36.00 N ...... 179 48.00 W. 52 30.00 N ...... 179 48.00 W. 52 30.00 N ...... 179 42.00 E. 52 24.00 N ...... 179 42.00 E. 52 24.00 N ...... 179 36.00 E. 52 12.00 N ...... 179 36.00 E. 52 12.00 N ...... 179 36.00 W. 52 24.00 N ...... 179 36.00 W. 52 24.00 N ...... 179 30.00 W. 52 30.00 N ...... 179 30.00 W. 52 30.00 N ...... 179 24.00 W. 52 36.00 N ...... 179 24.00 W. 52 36.00 N ...... 179 18.00 W. 52 42.00 N ...... 179 18.00 W.

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TABLE 24 TO PART 679.—EXCEPT AS NOTED, LOCATIONS IN THE ALEUTIAN ISLANDS HABITAT CONSERVATION AREA OPEN TO NONPELAGIC TRAWL FISHING—Continued

Area No. Name Latitude Longitude Footnote

52 42.00 N ...... 179 12.00 W.

22 ...... Rat I./Amchitka I. South ...... 51 21.00 N ...... 179 36.00 E. 51 21.00 N ...... 179 18.00 E. 51 18.00 N ...... 179 18.00 E. 51 18.00 N ...... 179 12.00 E. 51 23.77 N ...... 179 12.00 E ...... 1 51 24.00 N ...... 179 10.20 E. 51 24.00 N ...... 179 0.00 E. 51 36.00 N ...... 178 36.00 E. 51 36.00 N ...... 178 24.00 E. 51 42.00 N ...... 178 24.00 E. 51 42.00 N ...... 178 6.00 E. 51 48.00 N ...... 178 6.00 E. 51 48.00 N ...... 177 54.00 E. 51 54.00 N ...... 177 54.00 E. 51 54.00 N ...... 178 12.00 E. 51 48.00 N ...... 178 12.00 E. 51 48.00 N ...... 178 17.09 E ...... 1 51 48.00 N ...... 178 20.60 E. 51 48.00 N ...... 178 24.00 E. 52 6.00 N ...... 178 24.00 E. 52 6.00 N ...... 178 12.00 E. 52 0.00 N ...... 178 12.00 E. 52 0.00 N ...... 178 11.01 E ...... 1 52 0.00 N ...... 178 5.99 E. 52 0.00 N ...... 177 54.00 E. 52 9.00 N ...... 177 54.00 E. 52 9.00 N ...... 177 42.00 E. 52 0.00 N ...... 177 42.00 E. 52 0.00 N ...... 177 48.00 E. 51 54.00 N ...... 177 48.00 E. 51 54.00 N ...... 177 30.00 E. 51 51.00 N ...... 177 30.00 E. 51 51.00 N ...... 177 24.00 E. 51 45.00 N ...... 177 24.00 E. 51 45.00 N ...... 177 30.00 E. 51 48.00 N ...... 177 30.00 E. 51 48.00 N ...... 177 42.00 E. 51 42.00 N ...... 177 42.00 E. 51 42.00 N ...... 178 0.00 E. 51 39.00 N ...... 178 0.00 E. 51 39.00 N ...... 178 12.00 E. 51 36.00 N ...... 178 12.00 E. 51 36.00 N ...... 178 18.00 E. 51 30.00 N ...... 178 18.00 E. 51 30.00 N ...... 178 24.00 E. 51 24.00 N ...... 178 24.00 E. 51 24.00 N ...... 178 36.00 E. 51 30.00 N ...... 178 36.00 E. 51 24.00 N ...... 178 48.00 E. 51 18.00 N ...... 178 48.00 E. 51 18.00 N ...... 178 54.00 E. 51 12.00 N ...... 178 54.00 E. 51 12.00 N ...... 179 30.00 E. 51 18.00 N ...... 179 30.00 E. 51 18.00 N ...... 179 36.00 E.

23 ...... Amchitka I. North ...... 51 42.00 N ...... 179 12.00 E. 51 42.00 N ...... 178 57.00 E. 51 36.00 N ...... 178 56.99 E. 51 36.00 N ...... 179 0.00 E. 51 33.62 N ...... 179 0.00 E ...... 2 51 30.00 N ...... 179 5.00 E. 51 30.00 N ...... 179 18.00 E. 51 36.00 N ...... 179 18.00 E. 51 36.00 N ...... 179 12.00 E.

24 ...... Pillar Rock ...... 52 9.00 N ...... 177 30.00 E. 52 9.00 N ...... 177 18.00 E. 52 6.00 N ...... 177 18.00 E.

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TABLE 24 TO PART 679.—EXCEPT AS NOTED, LOCATIONS IN THE ALEUTIAN ISLANDS HABITAT CONSERVATION AREA OPEN TO NONPELAGIC TRAWL FISHING—Continued

Area No. Name Latitude Longitude Footnote

52 6.00 N ...... 177 30.00 E.

25 ...... Murray Canyon ...... 51 48.00 N ...... 177 12.00 E. 51 48.00 N ...... 176 48.00 E. 51 36.00 N ...... 176 48.00 E. 51 36.00 N ...... 177 0.00 E. 51 39.00 N ...... 177 0.00 E. 51 39.00 N ...... 177 6.00 E. 51 42.00 N ...... 177 6.00 E. 51 42.00 N ...... 177 12.00 E.

26 ...... Buldir ...... 52 6.00 N ...... 177 12.00 E. 52 6.00 N ...... 177 0.01 E. 52 6.00 N ...... 177 0.00 E. 52 12.00 N ...... 177 0.00 E. 52 12.00 N ...... 176 54.00 E. 52 9.00 N ...... 176 54.00 E. 52 9.00 N ...... 176 48.00 E. 52 0.00 N ...... 176 48.00 E. 52 0.00 N ...... 176 36.00 E. 52 6.00 N ...... 176 36.00 E. 52 6.00 N ...... 176 24.00 E. 52 12.00 N ...... 176 24.00 E. 52 12.00 N ...... 176 12.00 E. 52 18.00 N ...... 176 12.00 E. 52 18.00 N ...... 176 30.00 E. 52 24.00 N ...... 176 30.00 E. 52 24.00 N ...... 176 0.00 E. 52 18.00 N ...... 176 0.00 E. 52 18.00 N ...... 175 54.00 E. 52 20.79 N ...... 175 54.00 E ...... 1 52 22.38 N ...... 175 54.00 E. 52 24.00 N ...... 175 54.00 E. 52 24.00 N ...... 175 48.00 E. 52 30.00 N ...... 175 48.00 E. 52 30.00 N ...... 175 36.00 E. 52 36.00 N ...... 175 36.00 E. 52 36.00 N ...... 175 24.00 E. 52 24.00 N ...... 175 24.00 E. 52 24.00 N ...... 175 30.00 E. 52 18.00 N ...... 175 30.00 E. 52 18.00 N ...... 175 36.00 E. 52 24.00 N ...... 175 36.00 E. 52 24.00 N ...... 175 42.00 E. 52 12.00 N ...... 175 54.00 E. 52 6.00 N ...... 175 54.00 E. 52 6.00 N ...... 175 48.00 E. 52 0.00 N ...... 175 48.00 E. 52 0.00 N ...... 175 54.00 E. 51 54.00 N ...... 175 54.00 E. 51 54.00 N ...... 175 36.00 E. 51 42.00 N ...... 175 36.00 E. 51 42.00 N ...... 175 30.00 E. 51 36.00 N ...... 175 30.00 E. 51 36.00 N ...... 175 36.00 E. 51 30.00 N ...... 175 36.00 E. 51 30.00 N ...... 175 42.00 E. 51 36.00 N ...... 175 42.00 E. 51 36.00 N ...... 176 0.00 E. 52 0.00 N ...... 176 0.00 E. 52 0.00 N ...... 176 6.00 E. 52 6.00 N ...... 176 6.00 E. 52 6.00 N ...... 176 12.00 E. 52 0.00 N ...... 176 12.00 E. 52 0.00 N ...... 176 30.00 E. 51 54.00 N ...... 176 30.00 E. 51 54.00 N ...... 177 0.00 E. 52 0.00 N ...... 177 0.00 E. 52 0.00 N ...... 177 0.01 E. 52 0.00 N ...... 177 12.00 E ...... 6 Buldir donut ...... 51 48.00 N ...... 175 48.00 E ...... 5

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TABLE 24 TO PART 679.—EXCEPT AS NOTED, LOCATIONS IN THE ALEUTIAN ISLANDS HABITAT CONSERVATION AREA OPEN TO NONPELAGIC TRAWL FISHING—Continued

Area No. Name Latitude Longitude Footnote

51 48.00 N ...... 175 42.00 E ...... 5 51 45.00 N ...... 175 42.00 E ...... 5 51 45.00 N ...... 175 48.00 E ...... 5, 7

27 ...... Buldir Mound ...... 51 54.00 N ...... 176 24.00 E. 51 54.00 N ...... 176 18.00 E. 51 48.00 N ...... 176 18.00 E. 51 48.00 N ...... 176 24.00 E.

28 ...... Tahoma Canyon ...... 52 0.00 N ...... 175 18.00 E. 52 0.00 N ...... 175 12.00 E. 51 42.00 N ...... 175 12.00 E. 51 42.00 N ...... 175 24.00 E. 51 54.00 N ...... 175 24.00 E. 51 54.00 N ...... 175 18.00 E.

29 ...... Walls Plateau ...... 52 24.00 N ...... 175 24.00 E. 52 24.00 N ...... 175 12.00 E. 52 18.00 N ...... 175 12.00 E. 52 18.00 N ...... 175 0.00 E. 52 12.00 N ...... 175 0.00 E. 52 12.00 N ...... 174 42.00 E. 52 6.00 N ...... 174 42.00 E. 52 6.00 N ...... 174 36.00 E. 52 0.00 N ...... 174 36.00 E. 52 0.00 N ...... 174 42.00 E. 51 54.00 N ...... 174 42.00 E. 51 54.00 N ...... 174 48.00 E. 52 0.00 N ...... 174 48.00 E. 52 0.00 N ...... 174 54.00 E. 52 6.00 N ...... 174 54.00 E. 52 6.00 N ...... 175 18.00 E. 52 12.00 N ...... 175 24.00 E.

30 ...... Semichi I ...... 52 30.00 N ...... 175 6.00 E. 52 30.00 N ...... 175 0.00 E. 52 36.00 N ...... 175 0.00 E. 52 36.00 N ...... 174 48.00 E. 52 42.00 N ...... 174 48.00 E. 52 42.00 N ...... 174 33.00 E. 52 36.00 N ...... 174 33.00 E. 52 36.00 N ...... 174 24.00 E. 52 39.00 N ...... 174 24.00 E. 52 39.00 N ...... 174 0.00 E. 52 42.00 N ...... 173 54.00 E. 52 45.16 N ...... 173 54.00 E ...... 1 52 46.35 N ...... 173 54.00 E. 52 54.00 N ...... 173 54.00 E. 52 54.00 N ...... 173 30.00 E. 52 48.00 N ...... 173 30.00 E. 52 48.00 N ...... 173 36.00 E. 52 36.00 N ...... 173 36.00 E. 52 36.00 N ...... 173 54.00 E. 52 18.00 N ...... 173 54.00 E. 52 18.00 N ...... 174 30.00 E. 52 30.00 N ...... 174 30.00 E. 52 30.00 N ...... 174 48.00 E. 52 24.00 N ...... 174 48.00 E. 52 24.00 N ...... 175 6.00 E.

31 ...... South ...... 52 18.00 N ...... 173 54.00 E. 52 18.00 N ...... 173 24.00 E. 52 9.00 N ...... 173 24.00 E. 52 9.00 N ...... 173 36.00 E. 52 6.00 N ...... 173 36.00 E. 52 6.00 N ...... 173 54.00 E.

32 ...... Attu I. North ...... 53 3.00 N ...... 173 24.00 E. 53 3.00 N ...... 173 6.00 E. 53 0.00 N ...... 173 6.00 E. 53 0.00 N ...... 173 24.00 E.

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TABLE 24 TO PART 679.—EXCEPT AS NOTED, LOCATIONS IN THE ALEUTIAN ISLANDS HABITAT CONSERVATION AREA OPEN TO NONPELAGIC TRAWL FISHING—Continued

Area No. Name Latitude Longitude Footnote

33 ...... Attu I. West ...... 52 54.00 N ...... 172 12.00 E. 52 54.00 N ...... 172 0.00 E. 52 48.00 N ...... 172 0.00 E. 52 48.00 N ...... 172 12.00 E.

34 ...... Stalemate Bank ...... 53 0.00 N ...... 171 6.00 E. 53 0.00 N ...... 170 42.00 E. 52 54.00 N ...... 170 42.00 E. 52 54.00 N ...... 171 6.00 E. Note: Unless otherwise footnoted, each area is delineated by connecting in order the coordinates listed by straight lines. Except for the Amlia North/Seguam donut and the Buldir donut, each area delineated in the table is open to nonpelagic trawl gear fishing. The remainder of the entire Aleutian Islands subarea and the areas delineated by the coordinates for the Amlia North/Seguam and Buldir donuts are closed to nonpelagic trawl gear fishing, as specified at § 679.22. Unless otherwise noted, the last set of coordinates for each area is connected to the first set of co- ordinates for the area by a straight line. The projected coordinate system is North American Datum 1983, Albers. 1 The connection of these coordinates to the next set of coordinates is by a line extending in a clockwise direction from these coordinates along the shoreline at mean lower-low water to the next set of coordinates. 2 The connection of these coordinates to the next set of coordinates is by a line extending in a counter clockwise direction from these coordi- nates along the shoreline at mean lower-low water to the next set of coordinates. 3 The connection of these coordinates to the first set of coordinates for this area is by a line extending in a clockwise direction from these co- ordinates along the shoreline at mean lower-low water to the first set of coordinates. 4 The connection of these coordinates to the first set of coordinates for this area is by a line extending in a counter clockwise direction from these coordinates along the shoreline at mean lower-low water to the first set of coordinates. 5 The area specified by this set of coordinates is closed to fishing with nonpelagic trawl gear. 6 This set of coordinates is connected to the first set of coordinates listed for the area by a straight line. 7 The last coordinate for the donut is connected to the first set of coordinates for the donut by a straight line.

TABLE 25 TO PART 679.—BOWERS RIDGE HABITAT CONSERVATION ZONE

Area number Name Latitude Longitude

1 ...... Bowers Ridge ...... 55 10.50 N 178 27.25 E 54 54.50 N 177 55.75 E 54 5.83 N 179 20.75 E 52 40.50 N 179 55.00 W 52 44.50 N 179 26.50 W 54 15.50 N 179 54.00 W

2 ...... Ulm Plateau ...... 55 5.00 N 177 15.00 E 55 5.00 N 175 60.00 E 54 34.00 N 175 60.00 E 54 34.00 N 177 15.00 E Note: Each 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. Projected coordinate system is North American Datum 1983, Albers.

TABLE 26 TO PART 679.—GULF OF ALASKA CORAL HABITAT PROTECTION AREAS

Area number Name Latitude Longitude

1 ...... Cape Ommaney 1 ...... 56 10.85 N 135 5.83 W 56 11.18 N 135 7.17 W 56 9.53 N 135 7.68 W 56 9.52 N 135 7.20 W

2 ...... Fairweather FS2 ...... 58 15.00 N 138 52.58 W 58 15.00 N 138 54.08 W 58 13.92 N 138 54.08 W 58 13.92 N 138 52.58 W

3 ...... Fairweather FS1 ...... 58 16.00 N 138 59.25 W 58 16.00 N 139 9.75 W 58 13.17 N 138 59.25 W

4 ...... Fairweather FN2 ...... 58 24.10 N 139 14.58 W 58 24.10 N 139 18.50 W 58 22.55 N 139 18.50 W 58 22.55 N 139 14.58 W

5 ...... Fairweather FN1 ...... 58 27.42 N 139 17.75 W 58 27.42 N 139 19.08 W 58 26.32 N 139 19.08 W

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TABLE 26 TO PART 679.—GULF OF ALASKA CORAL HABITAT PROTECTION AREAS—Continued

Area number Name Latitude Longitude

58 26.32 N 139 17.75 W Note: Each 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. Projected coordinate system is North American Datum 1983, Albers.

TABLE 27 TO PART 679.—GULF OF ALASKA SLOPE HABITAT CONSERVATION AREAS

Area number Name Latitude Longitude

1 ...... Yakutat ...... 58 47.00 N 139 55.00 W 58 47.00 N 140 32.00 W 58 37.00 N 140 32.00 W 58 36.97 N 139 54.99 W

2 ...... Cape Suckling ...... 59 50.00 N 143 20.00 W 59 50.00 N 143 30.00 W 59 40.00 N 143 30.00 W 59 40.00 N 143 20.00 W

3 ...... Kayak I...... 59 35.00 N 144 0.00 W 59 40.00 N 144 25.00 W 59 30.00 N 144 50.00 W 59 25.00 N 144 50.00 W 59 25.00 N 144 2.00 W

4 ...... Middleton I. east ...... 59 32.31 N 145 29.09 W 59 32.13 N 145 51.14 W 59 20.00 N 145 51.00 W 59 18.85 N 145 29.39 W

5 ...... Middleton I. west ...... 59 14.64 N 146 29.63 W 59 15.00 N 147 0.00 W 59 10.00 N 147 0.00 W 59 8.74 N 146 30.16 W

6 ...... Cable ...... 58 40.00 N 148 0.00 W 59 6.28 N 149 0.28 W 59 0.00 N 149 0.00 W 58 34.91 N 147 59.85 W

7 ...... Albatross Bank ...... 56 16.00 N 152 40.00 W 56 16.00 N 153 20.00 W 56 11.00 N 153 20.00 W 56 10.00 N 152 40.00 W

8 ...... Shumagin I...... 54 51.49 N 157 42.52 W 54 40.00 N 158 10.00 W 54 35.00 N 158 10.00 W 54 36.00 N 157 42.00 W

9 ...... Sanak I...... 54 12.86 N 162 13.54 W 54 0.00 N 163 15.00 W 53 53.00 N 163 15.00 W 54 5.00 N 162 12.00 W

10 ...... Unalaska I...... 53 26.05 N 165 55.55 W 53 6.92 N 167 19.40 W 52 55.71 N 167 18.20 W 53 13.05 N 165 55.55 W Note: Each 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. Projected coordinate system is North American Datum 1983, Albers.

[FR Doc. 06–5761 Filed 6–23–06; 2:06 pm] BILLING CODE 3510–22–P

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