200

375

15

1

5

the cooked product. The texture of the scallop meat may be classified as a degree of mushiness, toughness, and fibrousness. The texture of the coating may be classified as a degree of pastiness, toughness, dryness, mushiness, or oiliness.

(b) For the purpose of rating the factor of character, the schedules of deduction points in Tables IV and V apply. Frozen raw breaded scallops and frozen fried scallops which receive 15 deduction points for the factor of character shall not be graded above Substandard regardless of the total score for the product. This is a limiting rule.

[42 FR 52782, Sept. 30, 1977, as amended at 44 FR 32392 June 6, 1979]

§ 266.171 Definitions and methods of analysis.

(a) Percent of scallop meat refers to percent, by weight, of scallop meat in a sample as determined by the following method:

(1) Equipment needed. (i) Water bath (3 to 4 liter beaker).

(ii) Balance accurate to 0.1 gram. (iii) Clip tongs of wire, plastic, or glass.

(iv) Stop-watch or regular watch with second hand.

(v) Paper towels.

(vi) Spatula, 4-inch blade with rounded tip.

(2) Procedure. (i) Weigh all scallops in the sample while still in a hard frozen condition.

(ii) Place each scallop individually in the water bath which is maintained at 63° to 86° F. and allow the scallop to remain until such time as the breading becomes soft and can easily be removed from the still frozen meat (between 10 to 30 seconds for scallops held in storage at 0° F.).

(iii) Remove the scallop from the bath; blot lightly with double thickness paper toweling; and scrape off or pick out coating from the scallop meat with the spatula or nutpicker.

(iv) Weigh all "debreaded" scallop meats.

(v) Calculate the percent of scallop meat in the sample by the following formula:

"Percent Scallop meat

weight of scallop meat (iv)/weight of frozen fried or breaded scallops (i) × 100"

(b) Cooked state. Cooked state shall mean that the product shall be cooked in accordance with the instructions accompanying the product.

(1) If specific instructions are lacking for fried scallops, the product for inspection shall be cooked as follows: Spread the frozen scallops on a foil covered baking sheet or a shallow pan. Place sheet or pan in frozen content at the mid-point of a properly ventilated oven preheated to 400 degrees Fahrenheit until thoroughly cooked, 15 to 20 minutes.

(2) If specific instructions are lacking for the breaded scallops, the product for inspection shall be cooked as follows: Place frozen, breaded product in wire mesh fry basket large enough to hold all items in single layer. Heat by immersing in 375° F (190° C) edible cooking oil 2-3 minutes or until items float to surface. After cooking, let items drain 15 seconds and place on paper napkin or towel to absorb excess oil.

(c) Definitions. (1) "Moderate" refers to a scored condition that is readily noticeable but is not seriously objectionable.

(2) "Excessive" refers to a condition that is very noticeable and is seriously objectionable.

(3) "Instance" refers to an occurance of an individual scored subfactor on a scallop.

[42 FR 52782, Sept. 30, 1977, as amended at 44 FR 32392, June 6, 1979]

§ 266.175 Tolerances for certification of officially drawn samples.

The sample rate and grades of specific lots shall be certified in accordance with Part 260 of this chapter.

PART 280-PACIFIC TUNA FISHERIES

Sec.

280.1

Definitions.

For the purposes of this part, the following terms shall be understood to mean:

(a) United States. All areas under the sovereignty of the United States, the Trust Territory of the Pacific Islands, and the Canal Zone.

(b) Convention. The Convention for the Establishment of an Inter-American Tropical Tuna Commission, signed at Washington, D.C., May 31, 1949, by the United States of America and the Republic of Costa Rica (1 U.S.T. 230). (c) Commission. The Inter-American Tropical Tuna Commission established pursuant to the Convention.

(d) Director of investigations. The Director of Investigations, Inter

American Tropical Tuna Commission, La Jolla, California.

(e) Service director. The Director of the National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Department of Com

merce.

(f) Regional director. The Regional Director, Southwest Region, National Marine Fisheries Service, 300 South Ferry Street, Terminal Island, California, telephone number, area code, 213, 548-2575.

(g) Regulatory area. All waters of the eastern Pacific Ocean bounded by the mainland of the Americas and the following lines: Beginning at a point on the mainland where the parallel of 40° N. latitude intersects the coast; thence due west to the meridian of 125° W. longitude; thence due south to the parallel of 20° N. latitude; thence due east to the meridian of 120° W. longitude; thence due south to the parallel of 5° N. latitude; thence due east to the meridian of 110° W. longitude; thence due south to the parallel of 10° S. latitude; thence due east to the meridian of 90° W. longitude; thence due south to the parallel of 30° S. latitude; thence due east to a point on the mainland where the parallel of 30° S. latitude intersects the coast. For 1978 only, exclude from the regulatory area on an experimental basis the three areas defined as follows:

(1) The area encompassed by a line drawn commencing at 110° W. longitude and 5° N. latitude extending east along 5° N. latitude to 95° W. longitude; thence south along 95° W. longitude to 3° S. latitude; thence east along 3° S. latitude to 90° W. longitude to 10° S. latitude; thence west along 10° S. latitude to 110° W. longitude; thence north along 110° W. longitude to 5° N. latitude;

(2) The area encompassed by a line drawn commencing at 115° W. longitude and 5° N. latitude extending west along 5° N. latitude to 120° W. longitude; thence north along 120° W. longitude to 20° N. latitude; thence east along 20° N. latitude to 115° W. longi

tude; thence south along 115° W. longitude to 5° N. latitude;

(3) The area encompassed by a line drawn commencing at 90° W. longitude and 12° S. latitude extending east along 12° S. latitude to 85° W. longitude; thence south to 15° S. latitude; thence east to 80° W. longitude; thence south to 30° S. latitude; thence west to 90° W. longitude; thence north to 12° S. latitude.

(h) Yellowfin tuna. No other fishes except the species Thunnus albacares.

(i) Mingled species. (1) Any species of billfish or shark; and (2) No other species of the family Scombridae except: Skipjack (Genus Euthynnus), bigeye (Thunnus obesus), bluefin (Thunnus thynnus), albacore (Thunnus alalaunga), or bonito (Sarda chiliensis).

(j) Fishing vessel. All watercraft subject to the jurisdiction of the United States which are used for catching or processing fish, except purse seine skiffs.

(k) Fishing voyage. The period between the date a fishing vessel departs from any port to carry out fishing operations and the date such vessel unloads any of its catch or the date such vessel returns to port for the express purpose of receiving an inspection by a designated

agent of the National Marine Fisheries Service or the date such vessel's catch is officially verified by a National Marine Fisheries Service observer.

(1) Cargo vessel. All watercraft which are used for transporting fish or fish products, except fishing vessels.

(m) Person. Individual, association, corporation, or partnership subject to the jurisdiction of the United States.

(n) Open season. The time during which yellowfin tuna may lawfully be captured without limitation by any fishing vessel operating within the regulatory area.

(0) Closed season. The time during which yellowfin tuna may not be captured in the regulatory area, except in limited quantities as an incident to fishing for species with which yellowfin tuna may be mingled.

(p) Port facility in the Americas. Allport facilities in North, South and Central America, including all the Ca

ribbean ports, but excluding ports in Argentina, Brazil and Uruguay.

[42 FR 25864, May 20, 1977, as amended at 43 FR 29789, July 11, 1978]

§ 280.2 Basis and purpose.

(a) At a special meeting held at Long Beach, Calif., on September 14, 1961, the Commission recommended to the Governments of Costa Rica, Ecuador, Panama, and the United States of America, parties to the Convention, that they take joint action to limit the annual catch of yellowfin tuna from the eastern Pacific Ocean by fishermen of all nations during the calendar year 1962. This recommendation was made pursuant to paragraph 5 of ArtiIcle II of the Convention on the basis of scientific investigations conducted by the Commission over a period of time dating from 1951. The most recent years of this period were marked by a substantial increase in fishing effort directed toward the yellowfin tuna stocks, resulting in a rate of exploitation of these stocks greater than that at which the maximum sustainable yield may be obtained. The Commission's recommendation

for

joint action by the parties to regulate the yellowfin tuna fishery has as its objective the restoration of these stocks to a level of abundance which will permit maximum sustainable catch and the maintenance of the stocks in that condition in the future.

(b) At each annual meeting held since 1962, the Commission affirmed its conclusions regarding the need for regulating the yellowfin tuna fishery in the eastern Pacific Ocean and at each meeting recommended to the parties to the Convention that they take joint action to:

(1) Establish a prescribed tonnage limit on the total catch of yellowfin tuna by the fishermen of all nations during each calendar year from an area of the eastern Pacific Ocean defined by the Commission;

(2) Establish open and closed seasons for yellowfin tuna under prescribed conditions;

(3) Permit the landing of an incidental catch by weight of yellowfin tuna when landed with one or more of the following fishes usually caught min