Notice2022-16312
Taking and Importing of Marine Mammals
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 29, 2022
Effective
April 1, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
The NMFS Assistant Administrator (Assistant Administrator) has issued a new 5-year affirmative finding for the Government of Peru under the Marine Mammal Protection Act (MMPA). This affirmative finding will allow the importation into the United States of yellowfin tuna and yellowfin tuna products harvested in the eastern tropical Pacific Ocean (ETP), in compliance with the Agreement on the International Dolphin Conservation Program (AIDCP), by purse seine vessels operating under Peru's jurisdiction or exported from Peru. NMFS bases the affirmative finding determination on reviews of documentary evidence submitted by the Government of Peru and of information obtained from the Inter- American Tropical Tuna Commission (IATTC).
Full Text
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<title>Federal Register, Volume 87 Issue 145 (Friday, July 29, 2022)</title>
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[Federal Register Volume 87, Number 145 (Friday, July 29, 2022)]
[Notices]
[Page 45762]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-16312]
[[Page 45762]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID: 0648-XC064]
Taking and Importing of Marine Mammals
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; new five-year affirmative finding for Peru.
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SUMMARY: The NMFS Assistant Administrator (Assistant Administrator) has
issued a new 5-year affirmative finding for the Government of Peru
under the Marine Mammal Protection Act (MMPA). This affirmative finding
will allow the importation into the United States of yellowfin tuna and
yellowfin tuna products harvested in the eastern tropical Pacific Ocean
(ETP), in compliance with the Agreement on the International Dolphin
Conservation Program (AIDCP), by purse seine vessels operating under
Peru's jurisdiction or exported from Peru. NMFS bases the affirmative
finding determination on reviews of documentary evidence submitted by
the Government of Peru and of information obtained from the Inter-
American Tropical Tuna Commission (IATTC).
DATES: This new affirmative finding is effective for the five-year
period of April 1, 2022, through March 31, 2027.
FOR FURTHER INFORMATION CONTACT: Justin Greenman, West Coast Region,
NMFS, by mail: 501 W Ocean Blvd., Suite 4200, Long Beach, CA 90802,
email: <a href="/cdn-cgi/l/email-protection#066c7375726f682861746363686b6768466869676728616970"><span class="__cf_email__" data-cfemail="1c76696f687572327b6e797972717d725c72737d7d327b736a">[email protected]</span></a>, or phone: (562) 980-3264.
SUPPLEMENTARY INFORMATION: The MMPA, 16 U.S.C. 1361 et seq., allows for
importation into the United States of yellowfin tuna harvested by purse
seine vessels in the ETP from a nation with jurisdiction over purse
seine vessels with carrying capacity greater than 400 short tons that
harvest tuna in the ETP only if the nation has an ``affirmative
finding'' issued by the NMFS Assistant Administrator. See Section
101(a)(2)(B) of the MMPA, 16 U.S.C. 1371(a)(2)(B); see also 50 CFR
216.24(f)(6)(i). If requested by the government of such a nation, the
Assistant Administrator will determine whether to make an affirmative
finding based upon documentary evidence provided by the government, the
IATTC, or the Department of State.
The affirmative finding process requires that the harvesting nation
is meeting its obligations under the AIDCP and its obligations of
membership in the IATTC. Every 5 years, the government of the
harvesting nation must request a new affirmative finding and submit the
required documentary evidence directly to the Assistant Administrator.
On an annual basis, NMFS must determine whether the harvesting nation
continues to meet the requirements of their 5-year affirmative finding.
NMFS does this by reviewing the documentary evidence from the last
year. A nation may provide information related to compliance with AIDCP
and IATTC measures directly to NMFS on an annual basis or may authorize
the IATTC to release the information to NMFS to annually renew an
affirmative finding determination without an application from the
harvesting nation.
An affirmative finding will be terminated, in consultation with the
Secretary of State, if the Assistant Administrator determines that the
requirements of 50 CFR 216.24(f) are no longer being met or that a
nation is consistently failing to take enforcement actions on
violations, thereby diminishing the effectiveness of the AIDCP.
As a part of the affirmative finding process set forth in 50 CFR
216.24(f)(8), the Assistant Administrator considered documentary
evidence submitted by the Government of Peru and obtained from the
IATTC and has determined that Peru has met the MMPA's requirements to
receive a new five-year affirmative finding.
After consultation with the Department of State, the Assistant
Administrator issued a new 5-year affirmative finding to Peru, allowing
the importation into the United States of yellowfin tuna and products
derived from yellowfin tuna harvested in the ETP by purse seine vessels
operating under Peru's jurisdiction or exported from Peru. Issuance of
a new five-year affirmative finding for Peru does not affect
implementation of an intermediary nation embargo under 50 CFR
216.24(f)(9), which applies to exports from a nation that exports to
the United States yellowfin tuna or yellowfin tuna products that was
subject to a ban on importation into the United States under section
101(a)(2)(B) of the MMPA, 16 U.S.C. 1371(a)(2)(B).
This new affirmative finding for Peru is for the five-year period
of April 1, 2022, through March 31, 2027, subject to subsequent annual
reviews by NMFS.
Dated: July 26, 2022.
Janet Coit,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 2022-16312 Filed 7-28-22; 8:45 am]
BILLING CODE 3510-22-P
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