[Federal Register: January 16, 2009 (Volume 74, Number 11)]
[Proposed Rules]
[Page 2984-2990]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16ja09-49]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 080612764-8801-01]
RIN 0648-AW94
Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish
Fisheries of the Bering Sea and Aleutian Islands Management Area and
Gulf of Alaska, Seabird Avoidance Requirements Revisions for
International Pacific Halibut Commission Regulatory Area 4E
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS issues a proposed rule that would revise the seabird
avoidance requirements for the hook-and-line groundfish and halibut
fisheries in International Pacific Halibut Commission Area 4E. The
proposed rule would eliminate seabird avoidance requirements for hook-
and-line vessels less than or equal to 55 ft (16.8 m) length overall in
portions of Area 4E in the eastern Bering Sea. This action is necessary
to revise seabird avoidance measures based on the latest scientific
information and to reduce unnecessary regulatory burdens and associated
costs.
DATES: Written comments must be received by February 17, 2009.
ADDRESSES: Send comments to Sue Salveson, Assistant Regional
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS,
Attn: Ellen Sebastian. You may submit comments, identified by 0648-
AW94, by any one of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal website at http://
www.regulations.gov.
Mail: P. O. Box 21668, Juneau, AK 99802.
Fax: (907) 586-7557.
Hand delivery to the Federal Building: 709 West 9\th\
Street, Room 420A, Juneau, AK.
All comments received are a part of the public record and will
generally be posted to http://www.regulations.gov without change. All
Personal Identifying Information (e.g., name, address) voluntarily
submitted by the commenter may be publicly accessible. Do not submit
Confidential Business Information or otherwise sensitive or protected
information.
NMFS will accept anonymous comments (enter N/A in the required
fields, if you wish to remain anonymous). Attachments to electronic
comments will be accepted in Microsoft Word, Excel, WordPerfect, or
Adobe portable document file (pdf) formats only.
Copies of the map of the seabird avoidance measures in Area 4E, and
the Environmental Assessment/Regulatory Impact Review/Initial
Regulatory Flexibility Analysis (EA/RIR/IRFA) for this action may be
obtained from the Alaska Region NMFS address above or from the Alaska
Region NMFS website at http://www.alaskafisheries.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Melanie Brown, 907-586-7228.
SUPPLEMENTARY INFORMATION: The groundfish fisheries in the exclusive
economic zone (EEZ) off Alaska are managed under the Fishery Management
Plan for Groundfish of the Bering Sea and Aleutian Islands Management
Area and the Fishery Management Plan for Groundfish of the Gulf of
Alaska (FMPs). The North Pacific Fishery Management Council (Council)
prepared the FMPs under the authority of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act), 16 U.S.C. 1801,
et seq. Regulations implementing the FMPs appear at 50 CFR part 679.
General regulations governing U.S. fisheries also appear at 50 CFR part
600.
Management of the Pacific halibut fisheries in and off Alaska is
governed by an international agreement between Canada and the United
States. This agreement, entitled the ``Convention Between the United
States of America and Canada for the Preservation of the Halibut
Fishery of the Northern Pacific Ocean and Bering Sea'' (Convention),
was signed at Ottawa, Canada, on March 2, 1953, and was amended by the
``Protocol Amending the Convention,'' signed at Washington, D.C., March
29, 1979. The Convention is implemented in the United States by the
Northern Pacific Halibut Act of 1982 (Halibut Act). The directed
commercial Pacific halibut fishery in Alaska is managed under an
individual fishing quota (IFQ) program, as is the fixed gear sablefish
fishery. The IFQ Program is a limited access management system. This
program is codified at 50 CFR part 679.
Background
The purpose of this proposed action is to revise the seabird
avoidance measures currently implemented for the hook-and-line
groundfish and halibut fisheries based on the best available
information regarding seabird occurrence and potential fishing vessel
interactions. Seabird avoidance measures reduce the incidental
mortality of seabirds in the hook-and-line fisheries off Alaska. Since
1997, NMFS has implemented and revised seabird avoidance measures to
mitigate interactions between the federal hook-and-line fisheries and
seabirds (62 FR 23176, April 29, 1997; 63 FR 11161, March 6, 1998; 69
FR 1930, January 13, 2004; and 72 FR 71601, December 18, 2007).
NMFS compiled seabird sightings data from the following sources:
from 1988-2004 records from seabird observers on the U.S. Fish and
Wildlife Service's (FWS) research vessel M/V TIGLAX; from incidental
sightings by biologists, fishermen, seamen, fisheries observers, and
birdwatchers provided to the FWS; from the International Pacific
Halibut Commission (IPHC); from the Alaska Natural Heritage Program;
from historical sightings documented in published literature; from
satellite tagging data; and from the North Pacific Pelagic Seabird
Database. The EA/RIR/IRFA for this action describes this information
(see ADDRESSES). This information showed that seabird species of
concern are not likely to occur in portions of Area 4E where fishing
vessels using hook-and-line gear may operate; and therefore, it is not
likely that interactions between the fishing vessels and these seabird
species of concern would occur in those portions of Area 4E. Thus, the
Council recommended revisions to the seabird avoidance measures in a
portion of Area 4E. These revisions would eliminate seabird avoidance
measures in the portion of Area 4E where seabird species of concern are
not likely to occur. The revisions would apply to vessels greater than
26 ft (7.9 m) to less than or equal to 55 ft (16.8 m) length overall
(LOA) fishing in the EEZ. Vessels less than or equal to 26 ft (7.9 m)
LOA are not required to use seabird avoidance measures. Vessels greater
than 55 ft (16.8 m) LOA would continue to be required to use seabird
avoidance measures in all of Area 4E. Vessels this size and larger are
more likely to interact with other seabirds because of the greater
amount of offal discharge and greater number of hooks fished
[[Page 2985]]
compared to smaller vessels. Vessels greater than 55 ft (16.8 m) LOA
are capable of efficiently deploying seabird avoidance gear, as further
discussed in the Classification section.
Species of concern of pelagic seabirds (particularly the Endangered
Species Act (ESA)-listed short-tailed albatross) are rarely observed in
most of Area 4E; and therefore, are not likely to interact with hook-
and-line fisheries in most of this area (Figure 1). Pelagic seabird
species of concern that may interact with hook-and-line vessels have
been observed and documented in the southern portion of Area 4E west of
Bristol Bay. The seabird avoidance measures would continue to be
required in this area for all hook-and-line vessels greater than 26
feet (7.9 m) LOA.
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[GRAPHIC] [TIFF OMITTED] TP16JA09.015
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[[Page 2987]]
Eliminating unnecessary seabird avoidance measures is intended to
remove associated economic burdens on affected vessels. These revisions
are the result of adaptive management using the best available
information to focus regulatory requirements where they are needed.
Research results and the environmental and economic considerations of
the proposed action are summarized in the EA/RIR/IRFA for this action
(see ADDRESSES).
Proposed Regulatory Amendments
In June 2008, the Council unanimously recommended revisions to the
seabird avoidance measures in a portion of Area 4E. These measures
would apply to operators of vessels fishing for Pacific halibut in the
IFQ and Community Development Quota (CDQ) management programs in waters
from 0 nm to 200 nm; for IFQ sablefish in waters from 0 nm to 200 nm;
and for groundfish with hook-and-line gear in the EEZ.
The proposed rule to implement the Council's recommendations would
reorganize and revise Sec. 679.24(e)(3) and Table 20 to part 679 to
clarify existing regulatory text and to eliminate unnecessary seabird
avoidance gear requirements for all hook-and-line vessels less than or
equal to 55 ft (16.8 m) LOA fishing in Area 4E, except in the southern
portion of Area 4E as shown in Figure 1. Hook-and-line vessels fishing
in the portion of Area 4E south of 60 degrees N latitude and west of
160 degrees W longitude would continue to be required to use seabird
avoidance measures. The best available scientific information regarding
seabird observations in the Area 4E indicates that ESA-listed seabirds
and other seabird species of concern are not likely to occur in Area
4E, except for the southern portion where seabird avoidance measures
would continue to be required. Therefore, the proposed rule would
eliminate seabird avoidance measures where interactions with seabird
species of concern is not likely to occur and ensure that such measures
are used in waters where interactions with seabird species of concern
are likely to occur.
Table 19 to part 679 also would be revised to correct cross
references. Under the descriptions for the seabird avoidance gear and
other methods, the reference to Sec. 679.24(e)(5) would be corrected
to read Sec. 679.24(e)(4).
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this proposed rule is
consistent with the FMPs, other provisions of the Magnuson-Stevens Act,
the Halibut Act, and other applicable law, subject to further
consideration after public comment.
This proposed rule has been determined to be not significant for
the purposes of Executive Order 12866.
An IRFA was prepared as required by section 603 of the Regulatory
Flexibility Act (RFA). The IRFA describes the economic impact this
proposed rule, if adopted, would have on small entities. A description
of the action, why it is being considered, and the legal basis for this
action are contained at the beginning of this section in the preamble
and in the SUMMARY section of the preamble. A summary of the analysis
follows. A copy of this analysis is available from NMFS (see
ADDRESSES).
The vessels that fish for groundfish or halibut with hook-and-line
gear in the waters off Alaska would be directly regulated by the
proposed action. The seabird avoidance measures presently in place, and
the alternatives and options considered, apply directly to the operator
of a vessel deploying hook-and-line gear in the waters off Alaska.
These regulations apply to the operation of a vessel and not directly
to the halibut or sablefish IFQ-holder unless the holder is also the
owner/operator of a vessel. Multiple IFQs may be used on a single
vessel. Thus, the IRFA analysis of large and small entities is
conducted at the vessel level and not the IFQ level. This analysis is
complicated by the fact that the halibut fishery is managed somewhat
separately from the Federal groundfish fisheries, resulting in multiple
data sources being synthesized for the analysis. Thus, data from
multiple sources and years have been used to estimate the numbers of
large and small entities.
Approximately 70 vessels ranging between 26 ft (7.9 m) and 55 ft
(16.8 m) LOA, participated in the CDQ Pacific halibut fishery in Area
4E. The 70 vessels that fished in the CDQ halibut fishery in Area 4E
are mostly small vessels, 66 are less than 33 ft (10.1 m) LOA. These
small vessels fish in the salmon and herring fisheries in the Bristol
Bay and Togiak Bay areas of Alaska. None of the 70 vessels harvest
groundfish in other Federal fisheries; thus, comprehensive annual
revenue data are not available for these vessels in the way that they
are for vessels that participate in Federal groundfish fisheries.
However, given the small size of these vessels and the small scale of
the fisheries they participate in, it is not expected that any of these
vessels would earn more than $4 million in annual revenue. Thus, these
70 vessels are believed to be small entities, as defined by Small
Business Administration criteria.
Comprehensive annual revenue data, from all sources, are available
for the 92 vessels that participated in the Federal hook-and-line
groundfish fisheries in the Bering Sea and Aleutian Islands management
area in 2006. In 2006, 52 hook and line catcher vessels (CVs) and 6
hook-and-line catcher processors (CPs) reported that they caught and
processed less than $4 million in gross ex-vessel or gross first
wholesale product value. Thus, these 58 vessels are considered small
entities.
In total, this analysis has identified 128 vessels that are
believed to be directly regulated small entities. A review of American
Fisheries Act (AFA) permit data revealed that none of the 128 vessels
with gross revenue less than $4 million in 2006 are AFA-permitted
vessels. Because AFA affiliations are relatively stable across years,
none of these vessels are large because of AFA affiliations.
The IRFA indicates that this proposed action is not likely to
impose significant costs on directly regulated small entities. The
action reduces the regulatory burden on hook-and-line vessels 55 ft
(16.8 m) LOA or less by eliminating all seabird avoidance requirements
for these vessels operating in portions of Area 4E. The reduced
regulatory burden under the proposed action would tend to reduce the
costs for the directly regulated vessels. Vessel operational cost of
production data are not presently collected, making it impossible to
quantify the net effect on operational costs that might occur under
each alternative and option.
Since the initial adoption of seabird avoidance regulations,
research has been conducted to more precisely identify the geographical
distribution and range of seabirds of concern, and on the efficacy of
required seabird avoidance devices. Recent research has shown the
likely locations of interaction between seabirds of concern and fishing
vessels in Area 4E and has provided the information necessary to
identify waters where seabird avoidance measures may not be necessary.
The proposed action, which is intended to reduce the economic burden
placed on small entities operating in these fisheries, is a direct
result of this research.
An IRFA must describe any significant alternatives to the proposed
rule that accomplish the stated objectives of the proposed action,
consistent with applicable statutes, and that would minimize any
significant economic impact of the proposed rule
[[Page 2988]]
on small entities. Including status quo, this proposed action has four
alternatives and two options.
Alternative 1 is the status quo, which would require the continued
use of seabird avoidance measures for all hook-and-line vessels fishing
for groundfish or halibut in the federal waters of Area 4E. This
alternative would not provide economic relief; and therefore, does not
meet the objectives of this action.
Alternative 2 would exempt hook-and-line vessels 26 ft (7.9 m) to
32 ft (9.8 m) LOA from seabird avoidance measures while fishing for
groundfish or halibut in Area 4E. This alternative would provide
economic relief to only vessels in this size class, partially meeting
the objectives of the action for the hook-and-line fleet.
Alternative 3 (preferred) would exempt hook-and-line vessels 26 ft
(7.9 m) to 55 ft (16.8 m) LOA from seabird avoidance measures while
fishing for groundfish or halibut in Area 4E. This alternative would
provide more economic relief to the hook-and-line fleet than
Alternatives 1 and 2.
Alternative 4 would exempt all hook-and-line vessels from seabird
avoidance measures while fishing for groundfish or halibut in Area 4E.
This alternative would provide the most economic relief to the hook-
and-line fleet compared to the other alternatives, but the economic
relief in comparison to Alternative 3 is not likely a large difference.
Very few vessels over 55 ft (16.8 m) LOA participate in the hook-and-
line fishery in Area 4E, and the larger vessels have the capability to
use seabird avoidance gear based on larger deck space, adequate
superstructure, and available crew.
Two options were also considered for this action. Option 1
(preferred) would require full compliance with the seabird avoidance
measures inside the shaded portion of Area 4E, as shown in Figure 1,
while option 2 would require only the use of a buoy bag in the shaded
area. Option 1 would require more costs to deploy seabird avoidance
gear that meets the streamer standards than option 2, which required a
buoy bag with no standards and no supporting superstructure for
streamer lines. Because the buoy bag is not likely as effective as the
streamer lines, option 1 is more protective of short-tailed albatross
and other seabirds that may occur in the shaded area shown in Figure 1.
The preferred action is Alternative 3 with option 1, which provides
more economic relief than Alternatives 1 or 2 with option 1.
Alternative 3 and option 1 were selected because most of the vessels
participating in the hook-and-line fishery in Area 4E are less than 55
ft (16.8 m) LOA. The use of seabird avoidance gear on these vessels can
be difficult because of limited deck space for the gear or the lack of
superstructure to support the streamer lines. Smaller vessels also are
likely to have fewer crew members available to handle the gear. Only
Alternative 4 has smaller economic impacts on the directly regulated
small entities than Alternative 3. Because very few large vessels
participate in the Area 4E fishery, Alternative 4 is not likely to
provide much more economic relief than Alternative 3. Alternative 4 was
not chosen because larger vessels are more likely to have adequate deck
space, superstructure, and crew available to allow for safe and
effective use of seabird avoidance gear. Because of the presence of
short-tailed albatross in the shaded area of Figure 1, the Council
recommended option 1 for vessels fishing in this area to ensure the
continued protection of short-tailed albatross from potential
incidental takes by any hook-and-line vessel. Option 1 has a marginally
greater potential adverse economic impact on directly regulated small
entities than does option 2, but option 1 more fully achieves the
objectives of the proposed action and is necessary for the protection
of short-tailed albatross and other seabirds that may occur in the
shaded area of Figure 1, making it more compliant with other applicable
law (e.g., ESA).
No Federal rules duplicate, overlap, or conflict with the proposed
action.
An informal consultation with the FWS under the Endangered Species
Act was concluded for this proposed action on September 15, 2008. As a
result of the informal consultation, NMFS determined that fishing
activities under this rule are not likely to adversely affect
endangered or threatened species or their designated critical habitat.
The FWS concurred with this determination.
List of Subjects in 50 CFR Part 679
Alaska, Fisheries, Recordkeeping and reporting requirements.
Dated: January 12, 2009.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For reasons set out in the preamble, NMFS proposes to amend 50 CFR
part 679 as follows:
PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA
1. The authority citation for part 679 is revised to read as
follows:
Authority: 16 U.S.C. 773 et seq.; 1801 et seq.; 3631 et seq.;
Pub. L. 108 447.
2. In Sec. 679.24, redesignate paragraphs (e)(3)(i) and (e)(3)(ii)
as paragraphs (e)(3)(ii) and (e)(3)(iii), respectively; add new
paragraph (e)(3)(i); and revise paragraph (e)(3) introductory text to
read as follows:
Sec. 679.24 Gear limitations.
* * * * *
(e) * * *
(3) Seabird avoidance gear requirements. (See also Table 20 to this
part.)
(i) The operator of a vessel identified in paragraph (e)(1) of this
section must comply with paragraph (e)(3)(ii) or (e)(3)(iii) of this
section while fishing with hook-and-line gear for groundfish, IFQ
halibut, CDQ halibut, or IFQ sablefish in Federal waters (EEZ) and for
IFQ halibut, CDQ halibut, or IFQ sablefish in the State of Alaska
waters, excluding fishing in
(A) NMFS Reporting Area 649 (Prince William Sound);
(B) State waters of Cook Inlet;
(C) NMFS Reporting Area 659 (Eastern GOA Regulatory Area; Southeast
Inside District), but including waters in the areas south of a straight
line at 56[deg]17.25 N. lat. between Point Harris and Port Armstrong in
Chatham Strait, State statistical areas 325431 and 325401, and west of
a straight line at 136[deg]21.17 E. long. from Point Wimbledon
extending south through the Inian Islands to Point Lavinia; and
(D) Area 4E with a vessel less than or equal to 55 ft (16.8 m) LOA,
but including fishing in waters south of 60[deg]00.00 N. lat. and west
of 160[deg]00.00 W. long.
* * * * *
3. Tables 19 and 20 to part 679 are revised to read as follows:
[[Page 2989]]
Table 19 to Part 679--Seabird Avoidance Gear Codes
------------------------------------------------------------------------
VESSEL LOGBOOK
-------------------------------------------------------------------------
SEABIRD AVOIDANCE GEAR OR
CODE METHOD.
------------------------------------------------------------------------
1 Paired Streamer Lines: Used
during deployment of hook-
and-line gear to prevent
birds from taking hooks.
Two streamer lines used,
one on each side of the
main groundline. Each
streamer line consists of
three components: a length
of line, streamers
attached along a portion
of the length and one or
more float devices at the
terminal end. See
performance and material
standards at Sec.
679.24(e)(4)(iii).
------------------------------------------------------------------------
2 Single Streamer Line: Used
during deployment of hook-
and-line gear to prevent
birds from taking hooks.
The streamer line consists
of three components: a
length of line, streamers
attached along a portion
of the length and one or
more float devices at the
terminal end. See
performance and material
standards at Sec.
679.24(e)(4)(ii).
------------------------------------------------------------------------
3 Single Streamer Line, used
with Snap Gear: Used
during the deployment of
snap gear to prevent birds
from taking hooks. The
streamer line consists of
three components: a length
of line, streamers
attached along a portion
of the length and one or
more float devices at the
terminal end. See
performance and material
standards at Sec.
679.24(e)(4)(iv).
------------------------------------------------------------------------
4 Buoy Bag Line: Used during
the deployment of hook-and-
line gear to prevent birds
from taking hooks. A buoy
bag line consists of two
components: a length of
line (without streamers
attached) and one or more
float devices at the
terminal end. See
performance and material
standards at Sec.
679.24(e)(4)(i).
------------------------------------------------------------------------
Other Device used in conjunction with Single Streamer Line or Buoy Bag
Line
------------------------------------------------------------------------
5 Add weights to groundline:
Applying weights to the
groundline for the purpose
of sinking the hook-and-
line gear more quickly and
preventing seabirds from
accessing the baited
hooks.
------------------------------------------------------------------------
6 Additional Buoy Bag Line or
Single Streamer Line:
Using a second buoy bag
line or streamer line for
the purpose of enhancing
the effectiveness of these
deterrent devices at
preventing seabirds from
accessing baited hooks.
------------------------------------------------------------------------
7 Strategic Offal Discharge:
Discharging fish, fish
parts (i.e., offal) or
spent bait for the purpose
of distracting seabirds
away from the main
groundline while setting
gear.
------------------------------------------------------------------------
Additional Device Used
------------------------------------------------------------------------
8 Night Fishing: Setting hook-
and-line gear during dark
(night time hours).
----------------------------
Line Shooter: A hydraulic
device designed to deploy
hook-and-line gear at a
speed slightly faster than
the vessel's speed during
setting.
----------------------------
Lining Tube: A device used
to deploy hook-and-line
gear through an underwater-
setting device.
----------------------------
Other (Describe)
------------------------------------------------------------------------
9 No Deterrent Used Due to
Weather. [See weather
exceptions at Sec.
679.24(e)(4)(i),
(e)(4)(ii)(B),
(e)(4)(iii)(B),
(e)(4)(iv)(B), and
(e)(4)(v).]
------------------------------------------------------------------------
0 No Deterrent Used.
------------------------------------------------------------------------
Table 20 to Part 679--Seabird Avoidance Gear Requirements for Vessels,
based on Area, Gear, and Vessel Type
(See Sec. 679.24(e) for complete seabird avoidance program
requirements; see Sec. 679.24(e)(1) for applicable fisheries.)
If you operate a vessel deploying hook-and- then you must use this
line gear, other than snap gear, in waters seabird avoidance gear in
specified at Sec. 679.24(e)(3), and your conjunction with
vessel is... requirements at Sec.
679.24(e)...
------------------------------------------------------------------------
>26 ft to 55 ft LOA and without masts, minimum of one buoy bag
poles, or rigging line
------------------------------------------------------------------------
>26 ft to 55 ft LOA and with masts, poles, minimum of a single
or rigging streamer line of a
standard specified at Sec.
679.24(e)(4)(ii)
------------------------------------------------------------------------
>55 ft LOA minimum of paired streamer
lines of a standard
specified at Sec.
679.24(e)(4)(iii)
------------------------------------------------------------------------
If you operate a vessel deploying hook-and- then you must use this
line gear and use snap gear in waters seabird avoidance gear in
specified at Sec. 679.24(e)(3), and your conjunction with
vessel is... requirements at Sec.
679.24(e)...
------------------------------------------------------------------------
>26 ft to 55 ft LOA and without masts, minimum of one buoy bag
poles, or rigging line
------------------------------------------------------------------------
>26 ft to 55 ft and with masts, poles, or minimum of a single
rigging streamer line of a
standard specified at Sec.
679.24(e)(4)(iv)
------------------------------------------------------------------------
>55 ft LOA minimum of a single
streamer line of a
standard specified at Sec.
679.24(e)(4)(iv)
------------------------------------------------------------------------
If you operate any of the following hook- then...
and-line vessels...
------------------------------------------------------------------------
< 32 ft in the State waters of IPHC Area 4E you are exempt from seabird
avoidance measures.
--------------------------------------------
in NMFS Reporting Area 649 (Prince William ...........................
Sound)
--------------------------------------------
in State waters of Cook Inlet ...........................
--------------------------------------------
[[Page 2990]]
in NMFS Reporting Area 659 (Eastern GOA ...........................
Regulatory Area, Southeast Inside
District), but not including waters in the
areas south of a straight line at
56[deg]17.25 N. lat. between Point Harris
and Port Armstrong in Chatham Strait,
State statistical areas 325431 and 325401,
and west of a straight line at
136[deg]21.17 E. long. from Point
Wimbledon extending south through the
Inian Islands to Point Lavinia
--------------------------------------------
<= 55 ft in IPHC Area 4E but not including ...........................
waters south of 60[deg]00.00 N. lat. and
west of 160[deg]00.00 W. long.
------------------------------------------------------------------------
[FR Doc. E9-974 Filed 1-15-09; 8:45 am]
BILLING CODE 3510-22-S