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) completed an affirmative finding annual renewal for the Governments of Colombia, Ecuador, Guatemala, Mexico, Peru and Spain (referred to hereafter as "The Nations") 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. These affirmative findings allowed for the importation into the United States of yellowfin tuna and yellowfin tuna products harvested in the ETP from April 1, 2023, through March 31, 2024, in compliance with the Agreement on the International Dolphin Conservation Program (AIDCP), by purse seine vessels operating under The Nations' jurisdiction or exported from The Nations. NMFS based the affirmative finding annual renewals on reviews of documentary evidence submitted by the Governments of The Nations and of information obtained from the Inter-American Tropical Tuna Commission (IATTC). NMFS typically publishes notice of affirmative finding annual renewals 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 findings.
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 53960-53961]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-14337]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XE052]
Taking and Importing of Marine Mammals
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; 2023 affirmative finding annual renewals for Colombia,
Ecuador, Guatemala, Mexico, Peru, and Spain.
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SUMMARY: This provides notice that on June 5, 2023, the NMFS Assistant
Administrator (Assistant Administrator) completed an affirmative
finding annual renewal for the Governments of Colombia, Ecuador,
Guatemala, Mexico, Peru and Spain (referred to hereafter as ``The
Nations'') 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. These affirmative findings allowed for
the importation into the United States of yellowfin tuna and yellowfin
tuna products harvested in the ETP from April 1, 2023, through March
31, 2024, in compliance with the Agreement on the International Dolphin
Conservation Program (AIDCP), by purse seine vessels operating under
The Nations' jurisdiction or exported from The Nations. NMFS based the
affirmative finding annual renewals on reviews of documentary evidence
submitted by the Governments of The Nations and of information obtained
from the Inter-American Tropical Tuna Commission (IATTC). NMFS
typically publishes notice of affirmative finding annual renewals
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 findings.
DATES: These affirmative finding annual renewals were effective for the
1-year period of April 1, 2023, through March 31, 2024.
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#29435c5a5d4047074e5b4c4c474448476947464848074e465f"><span class="__cf_email__" data-cfemail="305a454344595e1e574255555e5d515e705e5f51511e575f46">[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 diminishing the effectiveness of the AIDCP.
As a part of the affirmative finding process set forth in 50 CFR
216.24(f)(8), for this annual renewal, the Assistant Administrator
considered documentary evidence submitted by the Governments of The
Nations and obtained from the IATTC and determined that The Nations met
the MMPA's requirements to receive affirmative finding annual renewals.
After consultation with the Department of State, the Assistant
Administrator issued affirmative finding annual renewals to The
Nations, allowing the continued importation into the United States of
yellowfin tuna and products derived from yellowfin tuna harvested in
the ETP by purse seine vessels operating under The Nations'
[[Page 53961]]
jurisdiction or exported from The Nations. Issuance of affirmative
finding annual renewals for The Nations 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).
These affirmative finding annual renewals for The Nations were for
the 1-year period of April 1, 2023, through March 31, 2024. The
Nations' individual 5-year affirmative findings, which have varying
start and end dates, remain valid, subject to subsequent annual reviews
by NMFS. Peru's 5-year affirmative findings will remain valid through
March 31, 2027. Ecuador, Guatemala, Mexico, and Spain's 5-year
affirmative findings will remain valid through March 31, 2025. Colombia
had a 5-year affirmative finding that was valid through March 31, 2024,
and was renewed on May 22, 2024, for the period of April 1, 2024,
through March 31, 2029.
Dated: June 14, 2024.
Janet Coit,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 2024-14337 Filed 6-27-24; 8:45 am]
BILLING CODE 3510-22-P
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