(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.

(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. longitude; 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 Caribbean 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 Article 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 mingled with yellowfin tuna, that are taken on a fishing trip begun after the close of the yellowfin tuna fishing

season: Skipjack tuna, bigeye tuna, bluefin tuna, albacore tuna, bonito, the billfishes, and the sharks; and

(4) Obtain from governments not parties to the Convention, but having vessels which operate in the fishery, cooperation in effecting the recommended conservation measures.

(c) The regulations in this part are designed to implement the Commission's recommendations for the conservation of yellowfin tuna so far as they affect vessels and persons subject to the jurisdiction of the United States.

§ 280.3 Catch limits.

The annual limitation on the quantity of yellowfin tuna permitted to be taken from the regulatory area by the fishing vessels of all nations participating in the fishery will be fixed and determined on the basis of recommendations made by the Commission pursuant to paragraph 5 of Article II of the Convention. Upon approval by the Secretary of State and the Secretary of Commerce of the recommended catch limit, announcement of the catch limit thus established shall be made by the Service Director through publication of a suitable notice in the FEDERAL REGISTER. The Service Director, in like manner, shall announce any revision or modification of an approved annual catch limit which may subsequently enter into force.

§ 280.4 Open season.

The open season for yellowfin tuna fishing shall begin annually at 0001 hours on the first day of January and terminate at 0001 hours on a date to be announced as provided in § 280.5. Time in hours shall refer to local time in the area affected.

§ 280.5 Closed season.

Pursuant to authority granted by the Commission, the Director of Investigations will determine the date on which he deemed the yellowfin fishing season should close and will promptly notify the Service Director of such date. The Service Director shall then announce the season closure date thus established by publication of a notice in the FEDERAL REGISTER. The closure date so announced shall be final

except that if it shall at any time become evident to the Director of Investigations that the closure date initially determined had been affected by changed circumstances, he may substitute another date which shall be announced by the Service Director in like manner as provided for the date originally determined.

§ 280.6 Provisions for fishing inside and outside CYRA on open season trips.

(a) During the open yellowfin tuna season, every fishing vessel operating within the reguatory area shall transmit once each calendar week a message between 0900 and 2400 hours local California time. The message shall be transmitted directly to the Director of Investigations through the shore representative of the fishing vessel and shall state: The name of the reporting vessel and the tonnage by species of fish aboard. The above reporting procedure shall go into effect on a date to be announced by the Service Director through publication of a notice in the FEDERAL REGISTER.

(b) Any fishing vessel electing to fish in the Pacific Ocean, but outside the regulatory area, shall report to the Regional Director, within 48 hours before leaving port, giving the name of the reporting vessel and the port of departure; within 24 hours before leaving the regulatory area, giving the lattitude of departure, the approximate time of departure, and the tonnage by species aboard; and, within 24 hours before returning to the regulatory area, giving the latitude of reentry, the approximate time of reentry, and the tonnage by species aboard.

(1) Vessels which are at sea and elect to fish outside the CYRA in the Pacific Ocean may do so provided they report departing the CYRA 24 hours prior to departure.

(2) Vessels may fish both inside and outside the CYRA on the same voyage without restriction or well inspection.

(3) During the open yellowfish tuna season, every fishing vessel operating in the Pacific Ocean, but outside the regulatory area, shall transmit daily a message between 1600 Coordinated Universal Time (C.U.T.) and 1800 C.U.T. The message shall be transmit

(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 Caribbean 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 mingled with yellowfin tuna, that are taken on a fishing trip begun after the close of the yellowfin tuna fishing