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waters described in subsection (1) of section 3 lying northerly and westerly of a straight line drawn from Iwersen's Dock on Point Roberts in the State of Washington to Georgina Point Light at the entrance to Active Pass in the Province of British Columbia from the 27th day of August, 1978 to the 2nd day of September, 1978, and from the 24th day of September, 1978 to the 30th day of September, 1978, all dates inclusive.

(2) No person shall fish for sockeye or pink salmon with nets in the portion of the waters described in subsection (1) of section 3 lying westerly of a straight line drawn true south from the southeast tip of Point Roberts in the State of Washington (otherwise known as Lily Point) to the International Boundary from the 3rd day of September, 1978 to the 23rd day of September, 1978 both dates inclusive.

4. (1) No person shall fish for sockeye or pink salmon with nets in that portion of the

5. The foregoing recommended regulations shall not apply to the following United States Convention Waters:

(1) State Fishing Area 7B including Hale Passage and Bellingham Bay and all other Convention Waters of Area 7B lying easterly and inside of a line projected from Carter Point on Lummi Island to the most northerly tip of Vendovi Island, thence to Clark Point on Guemes Island following the shoreline to Southeast Point on Guemes Island, thence to March Point of Fidalgo Island, and

(2) State Fishing Areas 6B and 7C, and (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.



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401.1 Administration.

401.2 Definitions.

401.3 Submission of documents.

401.4 Activities prohibited.

401.5 Coordination with States.

401.6 Prosecution of work.

401.7 General information for the Secre


401.8 Availability of funds.

401.9 Payments to cooperators.
401.10 Request for payment.
401.11 Property as matching funds.
401.12 Ownership of property.

401.13 Personnel.

401.14 Inspection.

401.15 Record retention.

401.16 Records and reporting.

401.17 Safety and accident prevention. 401.18 Contracts.

401.19 Statements and payrolls.

401.20 Officials not to benefit. 401.21 Patents and inventions. 401.22 Civil rights.

AUTHORITY: Anadromous Fish Conservation Act (79 Stat. 1125, as amended, 84 Stat. 214, 88 Stat. 398), 16 U.S.C. 757a-757f.

SOURCE: 40 FR 26678, June 25, 1975, unless otherwise noted.

§ 401.1 Administration.

The Director of the U.S. Fish and Wildlife Service and the Director of the National Marine Fisheries Service shall jointly administer the Anadromous Fish Conservation Act for the Secretaries.

§ 401.2 Definitions.

As used in this part, terms shall have the meanings ascribed in this section.

(a) Secretary. The Secretary of Commerce, the Secretary of the Interior, or their authorized representatives.

(b) Act. The Anadromous Fish Conservation Act, 16 U.S.C. 757a-757f.

(c) Eligible states. Any coastal State of the United States, the State of Vermont, and the States bordering the Great Lakes. The area within the Columbia River basin is excluded.

(d) State fishery agency. Any department(s), division(s), commission(s), or official(s) of a State empow

ered under its laws to regulate a commercial or sport fishery.

(e) Non-Federal interest. Any organization, association, institution, business, school, individual, or group of individuals, municipality and others outside the Federal Government, in addition to State fishery agencies, which desire to cooperate within the terms of the Act.

(f) Cooperator. One or more States acting jointly or severally or other non-Federal interests, participating in a project agreement or grant-in-aid award with the Secretary.

(g) Anadromous fish. Aquatic, gill breathing, vertebrate animals bearing paired fins which migrate to and spawn in fresh water, but which spend part of their life in an oceanic environment; also fish in the Great Lakes that ascend streams to spawn.

(h) Application for Federal assistance. A description of work to be accomplished, including objectives and needs, expected results and benefits, approach, cost, location and time required for completion.

(i) Project agreement. The formal document executed between the Secretary of the Interior and the Cooperator, committing the Cooperator to the performance of described activities and the Federal Government to participation in the financing of those activities.

(j) Grant-in-Aid award. The formal document executed between the Secretary of Commerce and the Cooperator, committing the Cooperator to the performance of described activities and the Federal Government to participation in the financing of those activities.

§ 401.3 Submission of documents.

Applications for Federal assistance and other documents for projects relating generally to recreational fisheries shall be submitted to the concerned Regional Office of the U.S. Fish and Wildlife Service, or for projects relating generally to commercial fisheries of the concerned Regional Office of the National Marine Fisheries Service.

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(a) Project work shall be carried through to a state of completion acceptable to the Secretary with reasonable promptness. Failure to render satisfactory performance reports or failure to complete the project to the satisfaction of the Secretary shall be cause for suspension of Federal assistance for the project until the project provisions are satisfactorily met. Federal assistance may be terminated upon determination by the Secretary that satisfactory progress has not been maintained. The Secretary shall have the right to inspect and review work at any time.

(b) Research and development work shall be continuously coordinated by the Cooperator with studies conducted by others to avoid unnecessary duplication.

(c) All work shall be performed in accordance with applicable local laws, except when in conflict with Federal laws or regulations, in which case Federal laws or regulations shall prevail. $401.7 General information for the Secretary.

Before any Federal funds may be obligated for any project an applicant shall furnish to the Secretary, upon his request, information regarding the laws affecting anadromous fish and the authority of the applicant to participate in the benefits of the Act.

(a) Document signature. Individuals authorized to sign project documents under the Commercial Fisheries Research and Development Act of 1964 (78 Stat. 197, as amended), 16 U.S.C. 779-779f, or the Federal Aid in Sport Fish Restoration Act (64 Stat. 430, as amended), 16 U.S.C. 777-777f, may likewise sign project documents contemplated in this Part.

(b) Program information. The Secretary may, from time to time, request, and the Cooperators shall furnish, information relating to the administration and maintenance of any project established under the Act.

§ 401.8 Availability of funds.

The period of availability of funds to the States or other non-Federal interests for obligation shall be established by the administering Federal agency.

§ 401.9 Payments to cooperators.

Payments shall be made to Cooperators in accordance with provisions of grant-in-aid awards or project agreements.

§ 401.10 Request for payment.

Request for payment shall be on forms provided by the Secretary, certified as therein prescribed, and submitted to the Regional Director by the Cooperator.

§ 401.11 Property as matching funds.

The non-Federal share of the cost of projects may be in the form of real or personal property. Specific procedures to be used by grantees in placing the value on real or personal property for matching funds are set forth in Attachment F of Federal Management Circular 74-7.

§ 401.12 Ownership of property.

When real property is acquired pursuant to the provisions of the Act, title to such property, or interests therein, shall be vested in the United States, and the conveying instrument shall recite the United States of America as the grantee. However, if the Secretary determines that under the terms of the application for Federal assistance and grant-in-aid award or project agreement, the intent and purpose of

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