Notice2025-09821
Taking and Importing of Marine Mammals
Primary source
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Published
May 30, 2025
Effective
April 1, 2025
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 Governments of Colombia, Ecuador, El Salvador, Guatemala, Mexico, Peru, and Spain (referred to hereafter as "The Nations") under 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 will allow 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 The Nations' jurisdiction or exported from The Nations. NMFS bases the affirmative finding determination on reviews of documentary evidence submitted by the Governments of The Nations and of information obtained from the Inter- American Tropical Tuna Commission (IATTC).
Full Text
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<title>Federal Register, Volume 90 Issue 103 (Friday, May 30, 2025)</title>
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[Federal Register Volume 90, Number 103 (Friday, May 30, 2025)]
[Notices]
[Page 23034]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-09821]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XE830]
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 Colombia, Ecuador,
El Salvador, Guatemala, Mexico, Peru, and Spain.
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SUMMARY: The NMFS Assistant Administrator (Assistant Administrator) has
issued a new 5-year affirmative finding for the Governments of
Colombia, Ecuador, El Salvador, Guatemala, Mexico, Peru, and Spain
(referred to hereafter as ``The Nations'') under 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
will allow 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 The Nations' jurisdiction or
exported from The Nations. NMFS bases the affirmative finding
determination on reviews of documentary evidence submitted by the
Governments of The Nations and of information obtained from the Inter-
American Tropical Tuna Commission (IATTC).
DATES: This new affirmative finding is effective for the 5-year period
of April 1, 2025, through March 31, 2030.
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="e2889791968b8ccc859087878c8f838ca28c8d8383cc858d94">[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 Governments of The Nations and obtained from
the IATTC and has determined that The Nations have each met the MMPA's
requirements to receive a new 5-year affirmative finding.
After consultation with the Department of State, the Assistant
Administrator issued new 5-year affirmative findings to each of The
Nations, 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 The Nations' jurisdiction or
exported from The Nations. Issuance of new 5-year affirmative findings
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 new affirmative findings for each of The Nations are for the
5-year period of April 1, 2025, through March 31, 2030, subject to
subsequent annual reviews by NMFS.
Dated: May 27, 2025.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2025-09821 Filed 5-29-25; 8:45 am]
BILLING CODE 3510-22-P
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