(a) Act means: the Sockeye Salmon or Pink Salmon Fishing Act of 1947, 16 U.S.C.776-776f.

(b) Commission means: the International Pacific Salmon Fisheries Commission provided for by Article II of the Convention.

(c) Convention means: the Convention between the United States of America and Canada for the Protection, Preservation, and Extension of the Sockeye Salmon Fisheries of the Fraser River system, signed at Washington on the 26th day of May, 1930, as amended by the protocol to the convention to include pink salmon, signed at Ottawa on the 28th day of December 1956.

(d) Convention waters means: those waters described in Article I of the Convention.

(e) Enforcement officer means:

(1) Any enforcement agent of the National Marine Fisheries Service.

(2) Any commissioned, warrant, or petty officer of the Coast Guard;

(3) Any Coast Guard personnel accompanying and acting under the direction of any person described in paragraph (e)(2) of this section.

(4) Any other person authorized by the Regional Director, Northwest Region, National Marine Fisheries Service to enforce the provisions of the Convention, the Commission's regulations, the Act and this Part 371.

(f) Fish, fishing means: The fishing for, catching, or taking, or the attempted fishing for, catching, or taking, of any sockeye salmon or pink salmon in Convention Waters.

(g) Fishing gear means: any net, trap, hook, or other device, appurtenance or equipment, of whatever kind or description, used or capable of being used, for the purpose of capturing fish or an aid in capturing fish.

(h) Gill net means: gill net as defined in Washington Administrative Code, Chapter 220-16, and lawful gillnet as defined in Washington Administrative Code, Chapter 220-47.

(i) Person means: individuals, partnerships, associations, and corporations.

(j) Pink salmon means: That species of salmon known by the scientific name Oncorhynchus gorbuscha.

(k) Purse seine means: Purse seine as defined in Washington Administrative Code, Chapter 220-16 and lawful purse seine as defined in Washington Administrative Code, Chapter 220-47.

(1) Reef net means: Reef net as defined in Washington Administrative Code, Chapter 220-16 and lawful reef net as defined in Washington Administrative Code, Chapter 220-47.

(m) Salmon preserves means: Salmon preserves defined in Washington Administrative Code, Chapter 22047.

(n) Sockeye salmon means: That species of salmon known by the scientific name Oncorhynchus nerka.

(0) State areas means: Fishing areas defined as Puget Sound Salmon Management and Catch Reporting Areas in Washington Administrative Code, Chapter 220-22, as amended.

(p) Troll line means: Troll line as defined in Washington Administrative Code, Chapter 220-16 and lawful troll line as defined in Washington Administrative Code, Chapter 220-47.

§ 371.4 Other laws and regulations.

Nothing in Part 371 shall be construed to relieve a person from any other requirements imposed by a statute or regulation of the United States or of the State of Washington.

§ 371.5 Reporting requirements.

(a) Any person receiving or purchasing fish caught by any person fishing under § 371.9 Commission Regulations (Appendix A) of this Part 371 shall comply with Washington Administrative Code, Chapter 220-69.

(b) Any person fishing under § 371.9, Commission Regulations (Appendix A) of this Part 371, who sells these fish directly to the consumer, restaurant, boathouse or any other retail outlet shall comply with Washington Administrative Code Chapter 220-69.

(c) No person receiving or purchasing sockeye or pink salmon caught in U.S. Convention Waters during the time the Commission exercises control over fishing for sockeye salmon or pink salmon in U.S. waters shall fail to permit enforcement officers to inspect

records or reports required by Washington Administrative Code, Chapter 220-69 or to inspect fish landing, holding or storage areas under the control of this person.

§ 371.6 Notice of change in regulations.

The regulations of the Commission regarding the times permissible to fish are subject to frequent change by Emergency Order. Emergency Orders are published by news releases to radio stations and newspapers in the fishing area. In addition, these Emergency Order schedules will be available by calling the National Marine Fisheries Service toll-free telephone Hotline 1800-562-6513. The Emergency Orders will be effective from the time of publication or as stated in the order until superseded or modified by further action of the Commission.

[45 FR 43768, June 30, 1980, as amended at 46 FR 32869, June 25, 1981]

§ 371.7 Unlawful possession.

No person subject to this Part 371 shall possess or retain on board a fishing vessel a sockeye or pink salmon while engaged in a fishery for other species in U.S. Convention waters during times these waters are closed by the Commission, except that this provision shall not prohibit the direct transport of legally-caught sockeye or pink salmon to off-loading areas.

8 371.8 Forcible assault of enforcement officer.

No person shall forcibly assault, resist, oppose, impede, intimidate or interfere with an enforcement officer engaged in enforcing the Convention, the Commission's regulations, the Act or this Part 371.

§ 371.9 Commission regulations.

Appendix A sets forth regulations of the Commission for the 1984 fishing season. These regulations, as may be modified from time to time by emergency orders of the Commission and disseminated under § 371.6 of this part, are the "Regulations of the Commission," violation of which is unlawful under the Act.

[49 FR 25877, June 25, 1984]

APPENDIX A-INTERNATIONAL PACIFIC SALMON FISHERIES COMMISSION REGULATIONS

1. No person shall fish for sockeye or pink salmon with nets in Puget Sound Salmon Management and Catch Reporting Areas 4B, 5, 6, 6A, 6C, 7, 7A, and 7D from the 24th day of June, 1984, to the 21st day of July, 1984, both dates inclusive.

2. (1) No person shall fish for sockeye or pink salmon with purse seines in Puget Sound Salmon Management and Catch Reporting Areas 4B, 5, 6, 6A, 6C, 7, and 7A:

(a) From the 22nd day of July, 1984, to the 18th day of August, 1984, both dates inclusive, except from five o'clock in the forenoon to half past nine o'clock in the afternoon of Monday of each week; and

(b) From the 19th day of August, 1984, to the 25th day of August, 1984, both dates inclusive, except from five o'clock in the forenoon to nine o'clock in the afternoon of Monday.

(2) No person shall fish for sockeye or pink salmon with gill nets in the waters described in subsection (1) of this section:

(a) From the 22nd day of July, 1984, to the 28th day of July, 1984, and from the 5th day of August, 1984, to the 11th day of August, 1984, all dates inclusive, except from seven o'clock in the afternoon of Monday to half past nine o'clock in the forenoon of Tuesday of each week; and

(b) From the 29th day of July, 1984, to the 4th day of August, 1984, and from the 12th day of August, 1984, to the 18th day of August, 1984, all dates inclusive, except from seven o'clock in the afternoon of Sunday to half past nine o'clock in the forenoon of Monday of each week; and

(c) From the 19th day of August, 1984, to the 25th day of August, 1984, both dates inclusive, except from six o'clock in the afternoon of Monday to nine o'clock in the forenoon of Tuesday.

(3) No person shall fish for sockeye or pink salmon with reef nets in the waters described in subsection (1) of this section:

(a) From the 22nd day of July, 1984, to the 28th day of July, 1984, and from the 5th day of August, 1984, to the 11th day of August, 1984, all dates inclusive, except from six o'clock in the forenoon to half past

nine o'clock in the afternoon of Sunday of each week; and

(b) From the 29th day of July, 1984, to the 4th day of August, 1984, and from the 12th day of August, 1984, to the 18th day of August, 1984, all dates inclusive, except from half past nine o'clock in the forenoon to half past nine o'clock in the afternoon of Sunday of each week; and

(c) From the 19th day of August, 1984, to the 25th day of August, 1984, both dates inclusive, except from six o'clock in the forenoon to nine o'clock in the afternoon of Sunday.

3. No person shall fish for sockeye or pink salmon with nets in Puget Sound Salmon Management and Catch Reporting Areas 6, 6A, 7, and 7A from the 26th day of August, 1984; to the 8th day of September, 1984, both dates inclusive.

4. No person shall fish for sockeye or pink salmon in Puget Sound Salmon Management and Catch Reporting Area 7B, except for those sockeye or pink salmon taken in nets having mesh not less than 7 inches as authorized for the taking of chinook salmon by the Director of Fisheries of the State of Washington, from the 24th day of June, 1984, to the 18th day of August, 1984, both dates inclusive.

5. No person shall fish for sockeye or pink salmon with nets in that portion of the waters described in section 3 lying westerly of a straight line drawn from the low-water range-marker in Boundary Bay on the International Boundary through the east tip of Point Roberts in the State of Washington to the East Point Light on Saturna Island in the Province of British Columbia from the 9th day of September, 1984, to the 29th day of September 1984, both dates inclusive.

6. The following Convention Waters are excluded:

(1) High Seas westerly of the Bonilla Point-Tatoosh Island Lighthouse Line.

(2) Puget Sound Salmon Management and Catch Reporting Areas 6B, 6D, and 7C.

(3) Preserves previously established by the Director of Fisheries of the State of Washington for the protection of other species of food fish.

All times hereinbefore mentioned shall be Pacific Daylight Saving Time.

[49 FR 25877, June 25, 1984]

APPENDIX A-INTERNATIONAL PACIFIC SALMON FISHERIES COMMISSION REGULATIONS

1. No person shall fish for sockeye or pink salmon with nets in Puget Sound Salmon Management and Catch Reporting Areas 4B, 5, 6, 6A, 6C, 7, 7A, and 7D from the 24th day of June, 1984, to the 21st day of July, 1984, both dates inclusive.

2. (1) No person shall fish for sockeye or pink salmon with purse seines in Puget Sound Salmon Management and Catch Reporting Areas 4B, 5, 6, 6A, 6C, 7, and 7A:

(a) From the 22nd day of July, 1984, to the 18th day of August, 1984, both dates inclusive, except from five o'clock in the forenoon to half past nine o'clock in the afternoon of Monday of each week; and

(b) From the 19th day of August, 1984, to the 25th day of August, 1984, both dates inclusive, except from five o'clock in the forenoon to nine o'clock in the afternoon of Monday.

(2) No person shall fish for sockeye or pink salmon with gill nets in the waters described in subsection (1) of this section:

(a) From the 22nd day of July, 1984, to the 28th day of July, 1984, and from the 5th day of August, 1984, to the 11th day of August, 1984, all dates inclusive, except from seven o'clock in the afternoon of Monday to half past nine o'clock in the forenoon of Tuesday of each week; and

(b) From the 29th day of July, 1984, to the 4th day of August, 1984, and from the 12th day of August, 1984, to the 18th day of August, 1984, all dates inclusive, except from seven o'clock in the afternoon of Sunday to half past nine o'clock in the forenoon of Monday of each week; and

(c) From the 19th day of August, 1984, to the 25th day of August, 1984, both dates inclusive, except from six o'clock in the afternoon of Monday to nine o'clock in the forenoon of Tuesday.

(3) No person shall fish for sockeye or pink salmon with reef nets in the waters described in subsection (1) of this section:

(a) From the 22nd day of July, 1984, to the 28th day of July, 1984, and from the 5th day of August, 1984, to the 11th day of August, 1984, all dates inclusive, except from six o'clock in the forenoon to half past

nine o'clock in the afternoon of Sunday of each week; and

(b) From the 29th day of July, 1984, to the 4th day of August, 1984, and from the 12th day of August, 1984, to the 18th day of August, 1984, all dates inclusive, except from half past nine o'clock in the forenoon to half past nine o'clock in the afternoon of Sunday of each week; and

(c) From the 19th day of August, 1984, to the 25th day of August, 1984, both dates inclusive, except from six o'clock in the forenoon to nine o'clock in the afternoon of Sunday.

3. No person shall fish for sockeye or pink salmon with nets in Puget Sound Salmon Management and Catch Reporting Areas 6, 6A, 7, and 7A from the 26th day of August, 1984; to the 8th day of September, 1984, both dates inclusive.

4. No person shall fish for sockeye or pink salmon in Puget Sound Salmon Management and Catch Reporting Area 7B, except for those sockeye or pink salmon taken in nets having mesh not less than 7 inches as authorized for the taking of chinook salmon by the Director of Fisheries of the State of Washington, from the 24th day of June, 1984, to the 18th day of August, 1984, both dates inclusive.

5. No person shall fish for sockeye or pink salmon with nets in that portion of the waters described in section 3 lying westerly of a straight line drawn from the low-water range-marker in Boundary Bay on the International Boundary through the east tip of Point Roberts in the State of Washington to the East Point Light on Saturna Island in the Province of British Columbia from the 9th day of September, 1984, to the 29th day of September 1984, both dates inclusive.

6. The following Convention Waters are excluded:

(1) High Seas westerly of the Bonilla Point-Tatoosh Island Lighthouse Line.

(2) Puget Sound Salmon Management and Catch Reporting Areas 6B, 6D, and 7C.

(3) Preserves previously established by the Director of Fisheries of the State of Washington for the protection of other species of food fish.

All times hereinbefore mentioned shall be Pacific Daylight Saving Time.

[49 FR 25877, June 25, 1984]