Taking and Importing of Marine Mammals
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Issuing agencies
Abstract
This provides notice that on June 5, 2023, the NMFS Assistant Administrator (Assistant Administrator) issued a new 5-year affirmative finding for the Government of El Salvador under the portions of the Marine Mammal Protection Act (MMPA) related to the eastern tropical Pacific Ocean (ETP) tuna purse seine fishery and the importation of yellowfin tuna from nations participating in this fishery. This affirmative finding allows for the importation into the United States of yellowfin tuna and yellowfin tuna products harvested in the ETP, in compliance with the Agreement on the International Dolphin Conservation Program (AIDCP), by purse seine vessels operating under El Salvador's jurisdiction or exported from El Salvador. NMFS based the affirmative finding determination on reviews of documentary evidence submitted by the Government of El Salvador and of information obtained from the Inter-American Tropical Tuna Commission (IATTC). NMFS typically publishes notice of new affirmative findings shortly after the Assistant Administrator makes those findings; however, due to an oversight, this notice was not published in 2023, and is therefore being published now to provide the public with notice of the finding.
Full Text
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<title>Federal Register, Volume 89 Issue 125 (Friday, June 28, 2024)</title>
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[Federal Register Volume 89, Number 125 (Friday, June 28, 2024)]
[Notices]
[Pages 53962-53963]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-14330]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XE053]
Taking and Importing of Marine Mammals
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; new 5-year affirmative finding for El Salvador from
2023.
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SUMMARY: This provides notice that on June 5, 2023, the NMFS Assistant
Administrator (Assistant Administrator) issued a new 5-year affirmative
finding for the Government of El Salvador under the portions of the
Marine Mammal Protection Act (MMPA) related to the eastern tropical
Pacific Ocean (ETP) tuna purse seine fishery and the importation of
yellowfin tuna from nations participating in this fishery. This
affirmative finding allows for the importation into the United States
of yellowfin tuna and yellowfin tuna products harvested in the ETP, in
compliance with the Agreement on the International Dolphin Conservation
Program (AIDCP), by purse seine vessels operating under El Salvador's
jurisdiction or exported from El Salvador. NMFS based the affirmative
finding determination on reviews of documentary evidence submitted by
the Government of El Salvador and of information obtained from the
Inter-American Tropical Tuna Commission (IATTC). NMFS typically
publishes notice of new affirmative findings shortly after the
Assistant Administrator makes those findings; however, due to an
oversight, this notice was not published in 2023, and is therefore
being published now to provide the public with notice of the finding.
DATES: This new affirmative finding is effective for the 5-year period
of April 1, 2023, through March 31, 2028.
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#c1abb4b2b5a8afefa6b3a4a4afaca0af81afaea0a0efa6aeb7"><span class="__cf_email__" data-cfemail="84eef1f7f0edeaaae3f6e1e1eae9e5eac4eaebe5e5aae3ebf2">[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 annually reviewing the documentary evidence from the
previous 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
[[Page 53963]]
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 El Salvador and obtained from
the IATTC and determined that El Salvador met the MMPA's requirements
to receive a new 5-year affirmative finding.
After consultation with the Department of State, the Assistant
Administrator issued a new 5-year affirmative finding to El Salvador,
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 El Salvador's jurisdiction or exported
from El Salvador. Issuance of a new 5-year affirmative finding for El
Salvador 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 El Salvador is for the 5-year
period of April 1, 2023, through March 31, 2028, subject to subsequent
annual reviews by NMFS.
Dated: June 14, 2024.
Janet Coit,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 2024-14330 Filed 6-27-24; 8:45 am]
BILLING CODE 3510-22-P
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</html>This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.