vides, in part, that the deposits in a Capital Construction Fund, and all withdrawals from the Fund, whether qualified or nonqualified, shall be subject to such conditions and requirements as the Secretary of Commerce may by regulation prescribe or as are set forth in such agreement. Regulations under Part 259 of this chapter related to "Capital Construction Funds" and qualified withdrawals from an Interim Fund established for fishing vessels under the Merchant Marine Act, 1936, as amended. Under existing Interim Agreements, the Secretary may determine that withdrawals which would add fishing vessels to an existing fleet in a fishery will be inconsistent with the wise use of the fishery resource involved, and inconsistent with the development, advancement, management, conservation, or protection of that resource, and therefore may from time to time withhold his consent to the qualification of such withdrawals. The form of existing Interim Agreement appears in 36 FR 19699, October 9, 1971. (d) Section 4331 of the National Environmental Policy Act, provides, in part, that the Federal Government use all practicable means, consistent with other essential considerations of national policy, to improve and coordinate Federal programs to the benefit of the Nation. § 251.4 Policy interpretations and determinations. (a) The Director will interpret and apply, to the extent practicable, the language quoted in paragraphs (a), (b), (c), and (d) of § 251.3, to administer financial assistance programs manner which, on balance, will be consistent with the needs and objectives of Management related to each Fish ery. in a (b) It is recognized that (1) the Fisheries Resources, upon which the Fishing Industry depends, are renewable but limited with respect to yield; (2) the Fisheries Resources are subject to increasing fishing pressures and uncertainties; (3) management must be strengthened to produce desired benefits from the Fisheries Resources; and (4) it would not be a wise and efficient use of financial assistance programs to encourage the introduction of vessels into a Fishery classified as a Conditional Fishery in this part. (c) The National Marine Fisheries Service shall, under procedures established, or to be established, by the Director, maintain a continuing review of all Fisheries Resources for the purpose of determining a Fishery which may be in need of regulation as a Conditional Fishery to carry out the policy, intent, and purposes of this part. (d) The Director shall take actions to publish notices of proposed rulemaking related to a Fishery being considered for regulation as a Conditional Fishery under this part. The public and Agency officials shall be given 90 days to comment on such notices of proposed rulemaking. (e) In any case when it is determined that a Fishery is to be regulated as a Conditional Fishery under this part and a regulation related to that Conditional Fishery is to be adopted, such regulation, to be incorporated in Subpart B of this part, shall be published in the FEDERAL REGISTER, after 90 but within 180 days of the date the notice of proposed rulemaking with respect to such Fishery was published as set forth in paragraph (d) of this section. (f) Findings and determinations made by the Director in accordance with this part will be based on source materials related to Management and the Fishery under consideration and made available through procedures as set forth in this part. (g) Findings and determinations for financial assistance applications related to fishing vessels operating in a Fishery not yet regulated as a Conditional Fishery in this part may be made under existing delegations of authority. Such findings and determinations shall be (1) based on an evaluation 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 13-180 0-84-8 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), 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, D.C. 20235 (b) Mailing addresses of the Offices of the Regional Directors, NMFS, are: Director, Northwest Region Director, Southeast Region National Marine Fisheries Service 9450 Gandy Blvd. St. Petersburg, Florida 33702 Director, Northeast Region 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 fol lowing 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] 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. 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. (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 a 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 acceptable 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 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. (f) Subcontracts. In the performance of work under a cooperative agreement, subcontracts shall be solicited and awarded according to the laws and regulations of the State provided the Secretary is satisfied that adequate steps have been taken to insure economical and efficient services and impartial selection of subcontractors. § 254.4 Availability of funds. Language appearing in Appropriation Acts providing funds for this program will govern the period during which the funds may be obligated. § 254.5 Use of funds. (a) Apportionment and obligation of Jellyfish funds. On July 1 of each year, or as soon thereafter as practicable, the Secretary shall notify the States through publication in the FEDERAL REGISTER of the amount of funds authorized under the Act to carry out the purpose of the Act. Federal funds are tentatively made available for obligation for a specified period within the fiscal year in which appropriated. If the total or any portion thereof is unobligated at the end of this allocation period, such funds may be withdrawn and reallocated for obligation. (b) Administrative funds. The National Marine Fisheries Service will finance its administrative cost from the appropriation made available by the Act. This administrative cost shall not exceed eight (8) percent of the appropriation. (c) Level of Federal funding. Cost of activities under cooperative agreements shall be borne equally by the Federal Government and by the Cooperator. Eligible Cooperator matching funds are those available to the Cooperator agency from any non-Federal source. § 254.6 Environment. Projects contracted for shall be performed in such a manner so as to be consistent with the policies set forth in the National Environmental Policy Act of 1969 (83 Stat. 852; 42 U.S.C. 4321 et seq.). § 254.7 Water pollution control. In the performance of work under a cooperative agreement the State shall take such action as is necessary to avoid pollution of water as a direct or indirect result of a contract activity. Water quality must be maintained at a level consistent with applicable water quality standards. § 254.8 New work requirement. Project proposals shall set forth undertakings which constitute activities in addition to current programs. It is desirable that projects represent entirely new undertakings. However, expansion of existing programs for control or elimination of jellyfish and other such pests in coastal waters and research on control of floating seaweed in such waters is satisfactory provided such existing programs are not reduced insofar as the cooperator's financial participation is concerned. PART 255-FISHERIES OBLIGATION GUARANTEE PROGRAM Sec. 255.4 Citizenship requirements. 255.6 Guarantee limits, debt maturities, and interest rates. 255.7 Fishing industry ability and experi ence. 255.8 Economic soundness. 255.9 Financial requirements. 255.10 Collateral. 255.11 Miscellaneous requirements. 255.12 Fees. 255.13 Demands and payment. 255.14 Default/liquidation of collateral. AUTHORITY: Title XI, Merchant Marine Act, 1936, as amended (46 U.S.C. 1271-1279, Pub. L. 96-561) and Reorganization Plan No. 4 of 1970 (86 Stat. 909). SOURCE: 47 FR 57435, Dec. 23, 1982, unless otherwise noted. § 255.1 Purpose. These rules govern guaranteed financing for fishing vessels and fisher |