tion of available information related to Management and the particular Fishery under consideration, (2) made using the guidelines and criteria as set forth in §§ 251.8 and 251.9 of this part, and (3) consistent with the policy, intent and purposes of this part. (h) Amendments to, or revisions of, this part may be made when new information becomes available, or at any time, to add or to delete a Conditional Fishery from this part. § 251.5 Organization. (a) The National Oceanic and Atmospheric Administration (NOAA) is a component of the Department of Commerce. (b) The National Marine Fisheries Service (NMFS), a component of NOAA, has responsibility to carry out generally the functions quoted in this part. § 251.6 Principal offices of the National Marine Fisheries Service. (a) The mailing address of the Office of the Director, NMFS, is: Director National Marine Fisheries Service 3300 Whitehaven Street NW. Washington, DC 20235 (b) Mailing addresses of the Offices of the Regional Directors, NMFS, are: Director, Northwest Region 1700 Westlake Avenue North Seattle, Washington 98109 Director, Southeast Region National Marine Fisheries Service Duval Bldg. 9450 Gandy Blvd. St. Petersburg, Florida 33702 Director, Northeast Region National Marine Fisheries Service Federal Building 14 Elm Street Gloucester, Massachusetts 01930 Director, Southwest Region National Marine Fisheries Service 300 South Ferry Street Terminal Island, California 90731 Director, Alaska Region National Marine Fisheries Service P.O. Box 1668 Juneau, Alaska 99801 § 251.7 Information sources and needs. (a) Information for consideration under this part should relate to the Fisheries Resources, the Fishing Industry, and Management relative to the Fishery under consideration for regulation as a Conditional Fishery. (b) All sources that may be anticipated to provide fair and reasonable information should be explored. (c) Information should include, but not be limited to, material in the following general classifications: (1) Environmental, (2) biological, (3) economic, (4) social, (5) legal, (6) international, and (7) national interests. § 251.8 Evaluation guidelines. (a) For each Fishery under consideration for regulation as a Conditional fishery general guidelines for evaluation will be conditions that exist relating to each Fishery and (1) international fishery agreements or conventions, to which the United States is a party, dealing with fishery conservation or management, (2) Agency regulations dealing with fishery conservation or management, (3) the available data base, (4) proposed designated areas or zones, (5) the current and projected status of the existing fishing fleet, (6) the harvesting activities of fishing vessels engaged in that Fishery, (7) foreign competition, (8) Management, and (9) other relevant factors. § 251.9 Evaluation criteria. (a) For each Fishery under consideration to be regulated as a Conditional fishery the Director will evaluate (1) related information received from interested parties, (2) related environmental factors, (3) the history, present status, and prospective developments related to the Fishery, (4) conditions that may be necessary for reasonable improvement of a depressed Fishery, (5) conditions that may be necessary for reasonable stability of an economically and environmentally sound Fishery, (6) conditions that could contribute to adverse fluctuations or declines in yield, (7) the need to improve the economic efficiency of the fishing fleet, (8) the need to assure for fishermen safe and healthful fishing vessels, (9) the need to improve the engineering efficiency of the fishing vessels operating in the Fishery, (10) social needs, and (11) information and data on hand related to that Fishery. Subpart B-Conditional Fisheries § 251.20 Fishery for yellowfin tuna in the area regulated by the Inter-American Tropical Tuna Commission. [39 FR 25325, July 10, 1974] § 251.21 Fishery for salmon in Alaska. [39 FR 34053, Sept. 23, 1974] § 251.22 Fishery for American lobster (Homarus Americanus) in the Gulf of Maine. [40 FR 43734, Sept. 23, 1975] § 251.23 Fishery for salmon in Washington, Oregon, and California. [40 FR 43734, Sept. 23, 1975] § 251.24 Fishery for king crab in Alaska. [40 FR 43508, Sept. 22, 1975] § 251.25 Fishery for surf clams. [42 FR 35854, July 12, 1977] § 251.26 Fishery for Atlantic Groundfish (cod, haddock, and yellowtail flounder). [44 FR 4495, Jan. 22, 1979] (a) Secretary. The Secretary of Commerce or his authorized representatives. (b) Act. The Commercial Fisheries Research and Development Act of 1964, Pub. L. 88-309, 78 Stat. 197, as amended by Pub. L. 90-551, 87 Stat. 957, Pub. L. 92-590, 86 Stat. 1303, and Pub. L. 94-485, 90 Stat. 2326 (16 U.S.C. 779 et seq.). (c) Grantee. A State agency participating in a grant-in-aid award with the Secretary. (d) Application SF-424. A description of the work to be accomplished, including plans, specification, and estimates, and such other information as may be required by the Secretary. (e) Grant-in-aid award. A written agreement for research and development activities to be carried on as provided by the Act and these regulations. Such award shall set forth the terms and conditions binding upon the grantee and the Secretary, including the objectives, procedures, costs, the award period, and such other provisions as may be appropriate. (f) Aquatic plants and animals. All animals and plants growing or living in or upon water, including finfish, shellfish, and other marine invertebrates, fur seals, whales and other marine mammals, frogs, turtles, and algae. (g) Commercial fisheries resources. Any aquatic plant or animal available or potentially available for harvesting with the primary intent of commercial use as either raw or manufactured products. § 253.2 Interpretation of the authorization. The terms used in the Act to describe the authorization to the Secretary for program and apportionment purposes are construed to be limited to the meanings ascribed in this section. (a) Research and development. Thewords "research and development" mean program of work, including construction and acquisition, designed to acquire knowledge of commercial fisheries resources and their environment, and to develop and apply methods and techniques to enhance such commercial fisheries resources including their harvest, conservation and utilization. a (b) Raw fish harvested by domestic commercial fishermen and received within a State. The words "raw fish harvested by domestic commercial fishermen and received within State" mean living aquatic plants and animals harvested by individuals, associations, partnerships or corporations resident in and authorized to do business in any State and engaged in harvesting of commercial fisheries resources or the processing and manufacturing of products therefrom. Aquatic plants and animals are received within a State when transferred from a catcher vessel within the jurisdiction of a State or permanently removed from a fish production facility. (c) Manufactured and processed fishery merchandise. The words "manufactured and processed fishery merchandise" means commercial fisheries resources or parts thereof after undergoing a change(s) contributing to or achieving a condition of readiness for sale. (d) Developing a new commercial fishery. The words "developing a new commercial fishery" mean activities designed to assist the commercial fishing industry by developing and evaluating methods for the harvest, utilization, and conservation of commercial fisheries resources not commonly utilized. (e) Commercial fishery failure due to a resource disaster arising from natural or undetermined causes. The words "commercial fishery failure to a resource disaster arising from natural or undetermined causes" mean a serious disruption of a commercial fisheries resource affecting present or future productivity. It does not include inability to sell raw fish or manufactured and processed fishery merchandise or compensation for economic loss suffered by any segment of the fishing industry as the result of a resource disaster. (f) State. The word "State" means the several States of the United States, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, Guam, and the Trust Territory of the Pacific Islands. § 253.3 General provisions. (a) Designation of State agency. The Governor of each State shall notify the Secretary which agency of the State government is authorized under its laws to regulate commercial fisheries and is designated to submit applications and to enter into grant-in-aid awards. An official of such agency shall certify as to the official(s) authorized in accordance with State law to commit the State to participation under the Act, to sign project documents, and to receive payments. The Secretary shall be advised promptly of any changes made in such authorizations. (b) Application. (1) An application (SF-424) for Federal assistance may be submitted for a State's overall program or for each proposed project for approval by the Secretary. An approved application is the obligating document for Federal funds. (2) Applications utilizing an allocation of State funds additional to amounts previously allocated by the State for commercial fishery research and development activities shall be preferred over applications utilizing an allocation of State funds which does not involve an increase of State funds dedicated to commercial fishery research and development programs. No application which involves a reduction of State funds previously dedicated to commercial fishery research development will be approved. (c) Grant-in-aid award. (1) After the Secretary has approved an application, activities to be undertaken by the grantee shall be evidenced by a grantin-aid award (NOAA Form 36-16) executed by the grantee and the Secretary. Such awards may be amended by mutual consent of the parties. (2) The grant-in-aid award shall contain applicable provisions as required by Federal law and regulations. These provisions are identified in the Grantin-Aid Handbook. NOAA Handbook No. 22, the most recent version of which may be obtained from the Director, National Marine Fisheries Service. (d) Prosecution of work. (1) The prosecution of work by the grantee shall be performed in a manner ac ceptable to the Secretary. Unsatisfactory performance shall be cause for the Secretary to withhold payments. Grant-in-aid awards may be terminated or suspended upon determination by the Secretary that satisfactory progress has not been maintained. (2) All work shall be performed in accordance with applicable State laws except when such laws are in conflict with Federal laws or regulations in which case such Federal law or regulations shall prevail. (e) Economy and efficiency of operation. No grant-in-aid award shall be executed until the grantee has shown to the satisfaction of the Secretary that appropriate and adequate means shall be employed to achieve economy and efficiency, including the avoidance of undesirable duplication, in the completion of a project. (Approved by the Office of Management and Budget under control number 06480102 is pending) [41 FR 55534, Dec. 21, 1976, as amended at 48 FR 57302, Dec. 29, 1983] § 253.4 Use of funds. (a) Apportionment of subsection 4(a) funds. (1) On October 1 of each year, or as soon thereafter as practicable, the Secretary shall notify the respective States of the amount of funds authorized under subsection 4(a) of the Act and apportioned to each State under subsection 5(a) of the Act. Funds appropriated under the Act shall remain available until expended to carry out the purposes of this authorization as determined by the Secretary. (2) Any State which is unable to use any or all of the funds apportioned to it may voluntarily release all or any part of such apportioned funds. Such release must be in writing and signed by the State official in charge of the agency designated under § 253.3(a) of these regulations or some other appropriate State official. Any apportioned funds released by a State may be made available by the Secretary to any other State, to supplement the funds apportioned to such other State in the fiscal year in which the released funds were apportioned, when the Secretary determines that such State is able to make prompt and effective use of such funds to carry out the purpose of the Act. (b) Use of authorized funds for commercial fisheries resource disaster. (1) The Secretary shall cause to be published in the FEDERAL REGISTER a notice that a commercial fisheries resource disaster exists at the time such a finding is made. (2) After such publication, Federal funds may be used for 100 percent of the cost of restoration of commercial fisheries resources if all the funds are obtained from appropriations authorized under subsection 4(b) of the Act. (c) Use of funds for developing a new commercial fishery. (1) Applications related to the development of a new commercial fishery may be approved only after the Secretary determines that such applications will reasonably accomplish the purpose of developing a new commercial fishery. (2) The Secretary may finance up to 100 percent of the cost of developing a new commercial fishery. As used in this part, terms shall have the meaning ascribed in this section. (a) Secretary. The Secretary of Commerce or his authorized representatives. (b) Act. Pub. L. 89-720, 80 Stat. 1149, as amended by Pub. L. 91-451, 84 Stat. 922 (16 U.S.C. 1201 et seq.). (c) State. Any coastal State of the United States and the Commonwealth of Puerto Rico. (d) State agency. The department(s), division(s), or commission(s) of a State empowered under its laws to manage or administer fish and shellfish resources or water-based recreation programs. (e) Cooperator. A State agency participating in a cooperative agreement with the Secretary. (f) Coastal waters. For the purpose of this Act, coastal waters include all or part of the mouth of a navigable or interstate stream or body of water, bays, sounds, lagoons, channels, estuaries, and other such waters. (g) Jellyfish. Commonly known as "sea nettle," belonging to the phylum Coelenterata. (h) Other such pests. All other species belonging to the phyla Coelenterata and Ctenophora which adversely affect fish, shellfish or water-based recreation. (i) Floating seaweed. Marine plants including marine algae. (j) Project proposal. A description of work to be accomplished, including objectives, procedures, cost, location, and time required for completion, and such other information as may be required by the Secretary. (k) Cooperative agreement. The contract for research, control, or elimination of jellyfish and other such pests or the control of floating seaweed to be carried on as provided by the Act and these regulations. Such agreement shall set forth the terms and conditions binding upon the cooperator and the Secretary, including the objec tives, procedures, costs, the term of the agreement, and such other provisions as may be appropriate. § 254.2 Funding priorities. Funding priorities shall be given to those activities having the greatest potential for controlling or eliminating jellyfish and other such pests for the purposes of conserving and protecting the fish and shellfish resources in coastal waters. § 254.3 General provisions. (a) Designation of State agency. A State agency authorized under its laws to manage or administer fish or shellfish resources or water-based recreational programs may submit project proposals and enter into cooperative agreements with the Secretary. (b) Project proposal. (1) A project proposal shall be submitted for each proposed project for approval by the Secretary. An approved project proposal shall not be binding on the parties until incorporated in a cooperative agreement. (2) Project proposals utilizing an allocation of State funds additional to amounts previously allocated by the State for the control or elimination of jellyfish and other such pests in coastal waters and for research on control of floating seaweed in such waters shall be preferred over project proposals utilizing an allocation of State funds which do not involve an increase of State funds dedicated to such programs. No project proposal which involves a reduction of State funds previously dedicated to such programs will be approved. (c) Cooperative agreement. (1) After the Secretary has approved a project proposal, activities to be undertaken by the cooperator and the obligation of Federal funds shall be evidence by a cooperative agreement executed by the cooperator and the Secretary. Such agreement may be amended by mutual consent of the parties. (2) The cooperative agreement shall contain applicable provisions as required by Federal law and regulations. These provisions are identified in the Federal Aid for Fisheries Handbook, the most recent version of which may |