Table of Contents Page Explanation Title 50: Chapter II-National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Department of Commerce... Chapter III-International Regulatory Agencies (Fishing and Chapter IV-Joint Regulations (United States Fish and Wildlife Service, Department of the Interior and National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Department of Commerce); Endangered Species Committee Regulations............ 3 313 347 Chapter V-Marine Mammal Commission 381 Chapter VI-Fishery Conservation and Management, National Oceanic and Atmospheric Administration, Department of Commerce. 399 Explanation The Code of Federal Regulations is a codification of the general and permanent rules published in the Federal Register by the Executive departments and agencies of the Federal Government. The Code is divided into 50 titles which represent broad areas subject to Federal regulation. Each title is divided into chapters which usually bear the name of the issuing agency. Each chapter is further subdivided into parts covering specific regulatory areas. ISSUE DATES Each volume of the Code is revised at least once each calendar year and issued on a quarterly basis approximately as follows: Title 1 through Title 16..... Title 17 through Title 27............. Title 42 through Title 50............ as of January 1 as of April 1 as of July 1 as of October 1 The appropriate revision date is printed on the cover of each volume. LEGAL STATUS The contents of the Federal Register are required to be judicially noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie evidence of the text of the original documents (44 U.S.C. 1510). HOW TO USE THE CODE OF FEDERAL REGULATIONS The Code of Federal Regulations is kept up to date by the individual issues of the Federal Register. These two publications must be used together to determine the latest version of any given rule. To determine whether a Code volume has been amended since its revision date (in this case, October 1, 1985), consult the "List of CFR Sections Affected (LSA)," which is issued monthly, and the "Cumulative List of Parts Affected," which appears in the Reader Aids section of the daily Federal Register. These two lists will identify the Federal Register page number of the latest amendment of any given rule. EFFECTIVE AND EXPIRATION DATES Each volume of the Code contains amendments published in the Federal Register since the last revision of that volume of the Code. Source citations for the regulations are referred to by volume number and page number of the Federal Register and date of publication. Publication dates and effective dates are usually not the same and care must be exercised by the user in determining the actual effective date. In instances where the effective date is beyond the cut-off date for the Code a note has been inserted to reflect the future effective date. In those instances where a regulation published in the Federal Register states a date certain for expiration, an appropriate note will be inserted following the The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires Federal agen- cies to display an OMB control number with their information collection re- quest. Many agencies have begun publishing numerous OMB control numbers as amendments to existing regulations in the CFR. These OMB numbers are placed as close as possible to the applicable recordkeeping or reporting require- OBSOLETE PROVISIONS Provisions that become obsolete before the revision date stated on the cover INCORPORATION BY REFERENCE What is incorporation by reference? Incorporation by reference was estab- lished by statute and allows Federal agencies to meet the requirement to pub- lish regulations in the Federal Register by referring to materials already pub- lished elsewhere. For an incorporation to be valid, the Director of the Federal Register must approve it. The legal effect of incorporation by reference is that the material is treated as if it were published in full in the Federal Register (5 U.S.C. 552(a)). This material, like any other properly issued regulation, has the What is a proper incorporation by reference? The Director of the Federal Register will approve an incorporation by reference only when the requirements lished in the Federal Register. (b) The matter incorporated is in fact available to the extent necessary to afford fairness and uniformity in the administrative process. (c) The incorporating document is drafted and submitted for publication in accordance with 1 CFR Part 51. Properly approved incorporations by reference in this volume are listed in the Finding Aids at the end of this volume. What if the material incorporated by reference cannot be found? If you have CFR INDEXES AND TABULAR GUIDES A subject index to the Code of Federal Regulations is contained in a separate III). A list of CFR Titles, Chapters, and Parts and an alphabetical list of agen- cies publishing in the CFR are also included in this volume. An index to the text of "Title 3-The President" is carried within that The Federal Register Index is issued monthly in cumulative form. This index is based on a consolidation of the "Contents” entries in the daily Federal Regis- A List of CFR Sections Affected (LSA) is published monthly, keyed to the revision dates of the 50 CFR titles. For a summary, legal interpretation, or other explanation of any regulation in this volume, contact the issuing agency. Inquiries concerning editing procedures and reference assistance with respect to the Code of Federal Regulations may be addressed to the Director, Office of the Federal Register, National Archives and Records Administration, Washington, D.C. 20408 (telephone 202-523-3517). Sales are handled exclusively by the Superintendent of Documents, Govern- ment Printing Office, Washington, D.C. 20402 (telephone 202-783-3238). |