§ 250.13 Inspection of property. The Secretary shall have access at all reasonable times to all vessel or other property in connection with a loan or loan application. § 250.14 Books, records, and reports. The Secretary shall have the right to inspect the applicant's books and records, including tax returns. The Secretary may also require periodic reports to be submitted by a loan recipient. (Approved by the Office of Management and Budget under control number 06480133) [48 FR 23792, May 26, 1983, as amended at 48 FR 57302, Dec. 29, 1983] Subpart D-Default and Remedies 8 250.15 Default. The borrower's failure to conform to the Act, these regulations, or the loan documents will be a default. The Secretary's remedy for defaults is acceleration of the total loan amount due, foreclosure on security, and pursuit of all other collection avenues. Default may result in discontinuance of any further disbursement of loan funds to the borrower. 8 250.16 Remedies after default. Specific provisions governing remedies after default will be included in the loan documents. Upon default, the Secretary may: (a) Take possession of all collateral given as security for the loan; Subpart B-Conditional Fisheries 251.20 Fishery of yellowfin tuna in the area regulated by the Inter-American Tropical Tuna Commission. 251.21 Fishery for salmon in Alaska. 251.22 Fishery for American lobster (Ho marus Americanus) in the Gulf of Maine. 251.23 Fishery for salmon in Washington, Oregon, and California. 251.24 Fishery for king crab in Alaska. 251.25 Fishery for surf clams. 251.26 Fishery for Atlantic Groundfish (cod, haddock, and yellowtail flounder). AUTHORITY: Sec. 4 of the Fish and Wildlife Act of 1956, as amended (16 U.S.C. 742) Title XI, Merchant Marine Act, 1936, as amended (46 U.S.C. 1271-1279) sec. 607, Merchant Marine Act, 1936, as amended (46 U.S.C. 1177) National Environmental Policy Act, 42 U.S.C. 4321-4347; and Reorganization Plan No. 4 of 1970, 86 Stat. 909. Service, National Oceanic and Atmospheric Administration or his delegate. (c) State. This term means the several States of the United States, including the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, and Guam. (d) Agency. This term means any Federal, State, or local Government, or International Organization to which the United States is a party, or any combination thereof, duly authorized to carry out functions related to the Fisheries Resources or the Fishing Industry. (e) Fisheries resources. This term means any form, or forms, of animal or plant life found in the aquatic environment. (f) Fishing industry. This term means a part, or parts, of the economic systems of labor and capital, directly or indirectly, deriving revenue from activities related to the Fisheries Resources. (g) Fishery. This term means a part of the Fishing Industry engaged in harvesting a specific part, or parts, of the Fisheries Resources for commercial purposes. (h) Management. This term means Agency activities related to assisting the Fishing Industry or protecting the Fisheries Resources. (i) Conditional fishery. This term means a Fishery in which National Marine Fisheries Service financial assistance for fishing vessels will be approved only under provisional terms consistent with needs and objectives of Management, as determined by the Director. The terms under which financial assistance related to a Conditional Fishery may be approved will be set forth in the regulations for each program. (See § 251.2(c).) § 251.2 Scope and purpose. (a) This part will provide for the central filing of (1) the Administrator's policy related to restricting the use of financial assistance programs in certain fisheries, (2) notices of proposed rule making, (3) locations of principal offices where the public may obtain information related to the functions cited in paragraph (b) of this section and the regulations cited in paragraph (c) of this section. (b) This part sets forth policy and procedures under which the Director will perform his general responsibilities related to the following: (1) The functions in section 4 of the Fish and Wildlife Act of 1956, as amended (16 U.S.C. 742c), which relate to the "Fisheries Loan Fund" for the purpose of providing financial assistance to commercial fisheries. (2) The functions in section 607 of the Merchant Marine Act, 1936, as amended by the Merchant Marine Act of 1970 (46 U.S.C. 1177), which relate to the creation of "Capital Construction Funds" including tax deferrals, under certain conditions, to those owning or leasing vessels which are operated in the fisheries of the United States. (3) The functions in Title XI of the Merchant Marine Act, 1936, as amended, and as amended by the Federal Ship Financing Act of 1972 (46 U.S.C. 1271 through 1279) which relate to the guarantee of certain obligations for, among other things, the construction, reconstruction or reconditioning of fishing vessels. (4) The functions in section 4331 of the National Environmental Policy Act (42 U.S.C. 4331), which relate to the responsibility of the Federal Government to improve and coordinate Federal programs, including financial assistance, that impact on the natural environment. (c) Cross references. (1) For regulations relating to the functions quoted in paragraph (b)(1) of this section see Part 250 of this chapter governing Fisheries Loan Fund Procedures. (2) For regulations relating to the functions quoted in paragraph (b)(2) of this section see Part 259 of this chapter governing Capital Construction Funds. (3) For regulations relating to the functions quoted in paragraph (b)(3) of this section see Part 255 of this chapter governing Fishing Vessel Obligation Guarantee Procedures. § 251.3 Policy. (a) Section 742(f) of the Fish and Wildlife Act of 1956, as amended, provides, in part, that the Secretary shall (1) consider and determine the policies 93-189 0-87--5 and procedures that are necessary and desirable in carrying out efficiently and in the public interest the laws relating to fish; (2) develop and recommend measures which are appropriate to assure the maximum sustainable production of fish and fishery products and to prevent unnecessary and excessive fluctuations in such production; and (3) take such steps as may be required for the development, advancement, management, conservation, and protection of the fisheries re sources. (b) Under Title XI of the Merchant Marine Act, 1936, as amended, no commitment to guarantee an obligation shall be made by the Secretary unless he finds that the purpose of the financing or refinancing is consistent Iwith the wise use of the fisheries resources and with the development, advancement, management, conserva tion, and protection of the fisheries re sources. (c) Section 607(a) of the Merchant Marine Act, 1936, as amended, provides, 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 in a manner which, on balance, will be consistent with the needs and objectives of Management related to each Fishery. (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 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), a 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, DC 20235 (b) Mailing addresses of the Offices of the Regional Directors, NMFS, are: Director, Northwest Region 1700 Westlake Avenue North Seattle, Washington 98109 Director, Southeast Region National Marine Fisheries Service Duval Bldg. 9450 Gandy Blvd. St. Petersburg, Florida 33702 Director, Northeast Region National Marine Fisheries Service Federal Building 14 Elm Street Gloucester, Massachusetts 01930 Director, Southwest Region 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 following 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 in terested 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] § 251.21 Fishery for salmon in Alaska. [39 FR 34053, Sept. 23, 1974] § 251.22 Fishery for American lobster (Homarus Americanus) in the Gulf of Maine. [40 FR 43734, Sept. 23, 1975] § 251.23 Fishery for salmon in Washington, Oregon, and California. [40 FR 43734, Sept. 23, 1975] § 251.24 Fishery for king crab in Alaska. [40 FR 43508, Sept. 22, 1975] § 251.25 Fishery for surf clams. [42 FR 35854, July 12, 1977] § 251.26 Fishery for Atlantic Groundfish (cod, haddock, and yellowtail flounder). [44 FR 4495, Jan. 22, 1979] PART 253-COMMERCIAL FISHERIES RESEARCH AND DEVELOPMENT Sec. 253.1 Definitions. 253.2 Interpretation of the authorization. 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. |