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Federal Register / Vol. 72, No.

125 / Friday, June 29, 2007 / Rules and Regulations 35667

contracts considered and shall indicate processor rockfish cooperatives subject species fishery for catcher processor
why an award fee incentive is the to sideboard limits established under rockfish cooperatives subject to
appropriate choice, including evidence the Central Gulf of Alaska (GOA) sideboard limits established under the
that any additional administrative effort Rockfish Program in the GOA. This Central GOA Rockfish Program in the
and cost required to monitor and action is necessary because the 2007 GOA. Section 679.82(d)(4)(iii) lists the
evaluate performance are justified by Pacific halibut prohibited species catch species and species groups that
the expected benefits (see FAR 16.405– (PSC) sideboard limit specified for the comprise the deep-water species fishery
2(b)(1)(iii)). Award fee incentives deep-water species fishery for catcher as deep-water flatfish, rex sole, and
should not be used on contracts with a processor rockfish cooperatives subject arrowtooth flounder.
total estimated cost and fee less than $2 to sideboard limits established under After the effective date of this closure
million per year. The procurement the Central GOA Rockfish Program in the maximum retainable amounts at
officer may authorize use of award fee the GOA is insufficient to support § 679.20(e) and (f) apply at any time
for lower-valued acquisitions, but directed fishing for the deep-water during a trip.
should do so only in exceptional species fisheries.
situations, such as contract DATES: Effective 1200 hrs, Alaska local Classification
requirements having direct health or time (A.l.t.), July 1, 2007, through 1200
safety impacts, where the judgmental This action responds to the best
hrs, A.l.t., July 31, 2007. available information recently obtained
assessment of the quality of contractor FOR FURTHER INFORMATION CONTACT:
performance is critical. from the fishery. The Assistant
Jennifer Hogan, 907–586–7228. Administrator for Fisheries, NOAA
* * * * * SUPPLEMENTARY INFORMATION: NMFS (AA), finds good cause to waive the
■ 3. Revise paragraph (a) of section manages the groundfish fishery in the requirement to provide prior notice and
1816.405–274 to read as follows: GOA exclusive economic zone opportunity for public comment
according to the Fishery Management pursuant to the authority set forth at 5
816.405–274 Award fee evaluation factors.
Plan for Groundfish of the Gulf of U.S.C. 553(b)(B) as such requirement is
(a) Explicit evaluation factors shall be Alaska (FMP) prepared by the North
established for each award fee period. impracticable and contrary to the public
Pacific Fishery Management Council interest. This requirement is
Factors should be tied to desired under authority of the Magnuson-
outcomes. If used, subfactors should be impracticable and contrary to the public
Stevens Fishery Conservation and interest as it would prevent NMFS from
limited to the minimum necessary to Management Act. Regulations governing
ensure a thorough evaluation and an responding to the most recent fisheries
fishing by U.S. vessels in accordance data in a timely fashion and would
effective incentive. with the FMP appear at subpart H of 50 delay the closure of the deep-water
* * * * * CFR part 600 and 50 CFR part 679. species fishery for catcher processor
[FR Doc. E7–12656 Filed 6–28–07; 8:45 am] The 2007 Pacific halibut PSC rockfish cooperatives subject to
BILLING CODE 7510–01–P sideboard limit specified for the deep- sideboard limits established under the
water species fishery for catcher Central GOA Rockfish Program in the
processor rockfish cooperatives subject GOA. NMFS was unable to publish a
DEPARTMENT OF COMMERCE to sideboard limits established under notice providing time for public
the Central GOA Rockfish Program in comment because the most recent,
National Oceanic and Atmospheric the GOA is 8 metric tons as established relevant data only became available as
Administration by § 679.82(d), the 2007 and 2008 of June 25, 2007.
harvest specifications for groundfish of
50 CFR Part 679 the GOA (72 FR 9676, March 5, 2007), The AA also finds good cause to
and as posted as the Catcher Processor waive the 30–day delay in the effective
[Docket No. 070213032–7032–01] date of this action under 5 U.S.C.
Sideboards at http://www.fakr.noaa.gov/
RIN 0648–XB12 sustainablefisheries/goarat/default.htm. 553(d)(3). This finding is based upon
In accordance with the reasons provided above for waiver of
Fisheries of the Economic Exclusive § 679.82(d)(9)(i)(B), the Administrator, prior notice and opportunity for public
Zone Off Alaska; Deep-water Species Alaska Region, NMFS, has determined comment.
Fishery by Catcher Processor Rockfish that the 2007 Pacific halibut PSC This action is required by § 679.82
Cooperatives in the Gulf of Alaska sideboard limit specified for the deep- and is exempt from review under
AGENCY: National Marine Fisheries water species fishery for catcher Executive Order 12866.
Service (NMFS), National Oceanic and processor rockfish cooperatives subject Authority: 16 U.S.C. 1801 et seq.
Atmospheric Administration (NOAA), to sideboard limits established under
the Central GOA Rockfish Program in Dated: June 26, 2007.
Commerce.
the GOA is insufficient to support Alan D. Risenhoover,
ACTION: Temporary rule; closure.
directed fishing for the deep-water Director, Office of Sustainable Fisheries,
SUMMARY: NMFS is prohibiting directed species fisheries. Consequently, NMFS National Marine Fisheries Service.
fishing for species that comprise the is prohibiting directed fishing for [FR Doc. E7–12660 Filed 6–28–07; 8:45 am]
deep-water species fishery for catcher species that comprise the deep-water BILLING CODE 3510–22–S
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