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(a) The migratory waterfowl committing or threatening to commit crop damage must be predominantly of a species which are susceptible of being effectively lured away from the crops by the use of such grain.

(b) The crop damage or threatened crop damage must be substantial in nature (when measured by the extent and potential value of the crops involved and the number of birds threatening damage); and must affect growing crops or mature unharvested crops that are in such condition as to be marketable or have value as feed for livestock or other purposes of material value to the applicant.

(c) It must be shown that the damage or threat of damage cannot be abated through the exercise of any of the privileges granted in permits authorized by this Chapter I to frighten or otherwise herd migratory waterfowl away from affected crops.

(d) During an open hunting season, it must be shown that the area affected by crop damage has been and is now open to public hunting and there has been a clear demonstration that such hunting is ineffective, and cannot be made effective, to prevent crop damage on such area.

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force this part written assurances as follows:

(a) That grain made available to him under this part will be used exclusively for the prevention and abatement of crop damage by migratory waterfowl and that no portion of such grain will be sold, donated, exchanged, or used as feed for livestock or other domestic animals or for any other purpose;

(b) That consent is granted to any officer authorized to enforce this part, to inspect, supervise or direct the placement and distribution of grain made available under this part for the prevention of crop damage at all reasonable times;

(c) That free and unrestricted access over the premises on which feeding operations have been or are to be conducted shall be permitted at all reasonable times, by any officer authorized to enforce this part and that such information as may be required by the officer will be promptly furnished; and

(d) That the applicant will not take, nor permit his agents, employees, invitees, or other persons under his control to take migratory game birds on or over any lands or waters subject to his control, during the time such grain is placed, exposed, deposited, distributed, scattered, or present upon such lands or waters, nor for a period of 10 days immediately following the consumption or removal of such grain from such lands or waters.

§ 90.17 Compliance with other regulations.

Nothing in this subpart shall be construed to supersede or modify any regulations relating to the hunting of migratory game birds, nor to permit the transportation, installation or use of grain contrary to any applicable Federal, State, or local laws or regulations.

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE

EDITORIAL NOTE: In order to implement the provisions of Reorganization Plan No. 4 of 1970, the following organizational names appearing in this chapter are changed as follows: Chapter II, formerly entitled "Bureau of Commercial Fisheries, Fish and Wildlife Service, Department of the Interior," is retitled as "National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Department of Commerce.” See 35 F.R. 18455, Dec. 4, 1970.

Part

201

210

SUBCHAPTER A-GENERAL PROVISIONS

Field organization.

SUBCHAPTER B-NORTH PACIFIC COMMERCIAL FISHERIES
North Pacific area.

SUBCHAPTER C-MARINE MAMMALS

215

Administration of the Pribilof Islands.

216 Regulations governing the taking and importing of marine mammals.

SUBCHAPTER D-WHALING

230

Whaling provisions.

SUBCHAPTER E-NORTHWEST ATLANTIC COMMERCIAL FISHERIES Regulated commercial fisheries.

240

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256

257

258

259

Fishing vessel construction differential subsidy procedures.
Notice and hearing on subsidies.

Fishermen's Protective Act procedures.

Capital construction fund.

SUBCHAPTER G—PROCESSED FISHERY PRODUCTS, PROCESSED PRODUCTS THEREOF, AND CERTAIN OTHER PROCESSED FOOD PRODUCTS

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261

United States standards for grades of frozen fried fish sticks.

262

263

United States standards for grades of frozen raw breaded shrimp.
United States standards for grades of frozen fish blocks.

264

265

United States standards for grades of frozen haddock fillets.
United States standards for grades of frozen halibut steaks.

266

267

United States standards for grades of frozen raw breaded fish portions.
United States standards for grades of frozen cod fillets.

268 United States standards for grades of frozen salmon steaks.

269 United States standards for grades of frozen ocean-perch fillets and frozen Pacific ocean-perch fillets.

270 United States standards for grades of frozen fried scallops.

271 United States standards for grades of frozen headless dressed whiting. 272 United States standards for grades of frozen raw headless shrimp.

273 United States standards for grades of frozen raw scallops.

274 United States standards for grades of frozen flounder and sole fillets.
276 United States standards for grades of frozen fried fish portions.
277 United States standards for grades of frozen raw breaded fish sticks.
United States standards for grades of frozen raw fish portions.

279

280

281

290

SUBCHAPTER H-EASTERN PACIFIC TUNA FISHERIES
Yellowfin tuna.

Restrictions on tuna imports.

SUBCHAPTER I-FISHERY MARKETING COOPERATIVES

Issuance of cease and desist orders by the Government.

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States, in the high seas and in waters adjacent to territories and possessions.

(b) Inland fisheries. The Bureau conducts programs for the maintenance of inland fisheries which are designed to discover ways and means, and make recommendations, on measures for developing the fisheries of the Great Lakes and inland waters in conjunction with the conservation and management of commercial fishery resources.

(c) Services for commercial fisheries. The Bureau provides the following services to aid commercial fisheries.

(1) Conducts a market news service for collection and publication of current market information of fishery commodities.

(2) Provides an educational service to encourage the flow of domestic fishery products in commerce.

(3) Provides economic research on cost, employment, labor and prices in the fishing industry.

(4) Collects data on the activities of fishery cooperatives to insure their conformity with the provisions of the Fishery Cooperative Marketing Act.

(5) Conducts surveys to collect, analyze, and disseminate statistics on production, processing, storage, and marketing of fishery products.

(6) Studies the composition, properties and nutritive value of fishery products, byproducts, and development of fish cookery and home-canning methods.

(7) Explores fishing operations to determine the character, extent and availability of resources and to test, devise and demonstrate most effective gear and vessel types.

(8) Conducts investigations to improve and develop methods for handling, processing, preserving, and transporting fishery products and byproducts and otherwise assisting the fishing industry in problems of production and distribution.

(9) Develops voluntary U.S. standards for fishery products and the performance of inspection services to determine adherence to the standards.

(10) Administers a fishery loan fund for the financing and refinancing of operations, maintenance, replacement, repair and equipment of fishing gear and vessels.

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construction, reconstruction, or reconditioning of fishing vessels.

(12) Provides assistance in cooperaation with the Department of Health, Education, and Welfare in the development of vocational training for the benefit of the fisheries industry.

(13) Provides Federal financial assistance to the States in carrying out projects in research and development of the commercial fisheries resources of the Nation.

(14) Provides funds for States and other non-Federal interests to finance anadromous fishery resources for up to 50 percent of the cost of projects such as stream improvement and construction of fishways, spawning channels, hatcheries, and research.

(d) International agreements and fursealing. The Bureau is responsible for conducting activities relating to international agreements concerning fishery resources. The Bureau is also responsible for activities relating to whales and certain other sea mammals, including the fur-sealing operation, and activities relating to the administration of the Pribilof Islands and their native population.

(e) Enforcement. The Bureau has responsibilities in connection with the administration and enforcement of the laws and regulations relating to international agreements.

(f) Field Supervision. Field installations are supervised by either a Regional or Area Director who has jurisdiction over Bureau activities in the States encompassed by his Region or Area, unless otherwise stated for a particular matter in the regulations. All persons may secure from the Regional or Area Offices information or make submittals or requests as well as obtain forms and instructions as to the scope and content of papers or reports required of the public.

§ 201.2 Locations of Regional and Area Offices.

The addresses and geographic jurisdictions of the Regional and Area Offices of the Bureau of Commercial Fisheries are as follows:

(a) Pacific Northwest Region-Region 1 (comprising States of Washington, Oregon, Idaho, Montana, and Wyoming).

Address: Regional Director, 6116 Arcade Building, Seattle 1, Wash. 98101.

(b) Gulf and South Atlantic Region-Region 2 (comprising the States of Texas, Louisiana, Mississippi, Alabama, Georgia, Florida, South Carolina, and North Carolina).

Address: Regional Director, Don Ce-Sar Federal Center, Box 6245, St. Petersburg Beach, Fla. 33736.

(c) North Atlantic Region-Region 3 (comprising the States of Virginia, West Virginia, Maryland, Delaware, New Jersey, Pennsylvania, New York, Connecticut, Rhode Island, Massachusetts, New Hampshire, Vermont, and Maine).

Address: Regional Director, Post Office Building, Gloucester, Mass. 01930.

(d) Great Lakes and Central RegionRegion 4 (comprising the States of North Dakota, South Dakota, Nebraska, Kansas. Oklahoma, Minnesota, Iowa, Missouri, Ar

kansas, Wisconsin, Illinois, Tennessee, Kentucky, Indiana, Ohio, and Michigan).

Address: Regional Director, 5 Research Drive, Ann Arbor, Mich. 48103.

(e) Alaska Region-Region 5 (comprised of the State of Alaska).

Address: Regional Director, Federal Building, P.O. Box 1668, Juneau, Alaska 99801.

(1) Pacific Southwest Region-Region 6 (comprising the States of California, Nevada, Utah, Colorado, Arizona, and New Mexico). Address: Regional Director, California Area, 101 Seaside Avenue, Terminal Island, Calif. 90731.

(g) Hawaii Area (comprised of the State of Hawaii and waters of the Pacific Ocean). Address: Area Director, Hawaii Area, Box 3830, 2570 Dole Street. Honolulu, Hawaii 96812.

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