[Federal Register Volume 59, Number 64 (Monday, April 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7996]


[[Page Unknown]]

[Federal Register: April 4, 1994]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 216

[Docket No. 940260-4060; I.D. 021594G]

 

Taking and Importing of Marine Mammals

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of affirmative findings and finding of conformance.

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SUMMARY: The Assistant Administrator for Fisheries (AA), NMFS, 
announces that Ecuador, Spain and Vanuatu have submitted acceptable 
documentation to indicate that they continue to be in compliance with 
the yellowfin tuna importation regulations for nations that harvest 
yellowfin tuna in the eastern tropical Pacific Ocean (ETP). NMFS 
announces that it has made the affirmative findings and findings of 
conformance for these nations thus allowing the importation of 
yellowfin tuna and yellowfin tuna products from these nations to 
continue through December 31, 1994.

    The AA also announces that Spain has submitted acceptable 
documentation that it has not imported, during the preceding 6 months, 
yellowfin tuna or yellowfin tuna products prohibited from direct export 
to the United States. NMFS announces that it has made such affirmative 
finding. This finding, in conjunction with renewal of the affirmative 
finding for Spain as a harvesting nation, allows the importation of 
yellowfin tuna and products derived from yellowfin tuna into the United 
States from Spain through December 31, 1994.

DATES: These findings remain in effect until December 31, 1994, unless 
revoked by the AA.

ADDRESSES: Questions regarding the primary and secondary embargoes 
should be directed to Ms. Anneka W. Bane, Acting Director, Southwest 
Region, NMFS, NOAA, 501 W. Ocean Blvd., suite 4200, Long Beach, CA 
90802-4213. Telephone: 310-980-4000, Fax: 310 980-4018.

FOR FURTHER INFORMATION CONTACT: Ms. Anneka W. Bane, Acting Director, 
Southwest Region, NMFS, 310-980-4001.

SUPPLEMENTARY INFORMATION: On November 18, 1992, NMFS published a final 
rule (57 FR 54334) that established a provision for timely 
consideration and making of an affirmative finding under the yellowfin 
tuna import regulations for nations that prohibit their vessels from 
intentionally setting on marine mammals in the course of harvesting 
yellowfin tuna by purse seine in the ETP. With an affirmative finding, 
yellowfin tuna and yellowfin tuna products from a harvesting nation can 
be imported into the United States. The regulations, found at 50 CFR 
216.24(e)(5) (viii) through (x), require that the AA announce and 
publish the finding in the Federal Register.

    On December 16, 1993, the AA, after consultation with the 
Department of State, found that the Republic of Ecuador had provided 
documentary evidence establishing that its regulatory program continues 
to comply with the yellowfin tuna importation provisions of 50 CFR 
216.24(e)(5) (viii) through (x). As a result of this affirmative 
finding, yellowfin tuna and products from yellowfin tuna harvested by 
Ecuadorian-flag purse seine vessels operating in the ETP, may be 
imported into the United States through December 31, 1994.

    On December 23, 1993, the AA, after consultation with the 
Department of State, found that Spain had submitted documentary 
evidence establishing that its regulatory program continues to comply 
with the tuna importation provisions of 50 CFR 216.24(e)(5) (viii) 
through (x). However, a secondary embargo on yellowfin tuna from Spain 
as an intermediary nation had been in effect since January 31, 1991. 
Yellowfin tuna harvested by Spanish-flag purse seine vessels could not 
be imported into the United States until the secondary embargo on all 
yellowfin tuna from Spain as an intermediary nation had been lifted.

    On December 3, 1993, the AA, after consultation with the Department 
of State, found that Spain had submitted acceptable documentary 
evidence that it had not imported in the preceding 6 months, yellowfin 
tuna or yellowfin tuna products prohibited from direct export to the 
United States. As a result of this finding, the secondary embargo on 
Spain as an intermediary nation was lifted, and yellowfin tuna and 
products derived from yellowfin tuna harvested in the ETP by Spanish-
flag vessels can be imported into the United States through December 
31, 1994.
    The yellowfin tuna import regulations at 50 CFR 216.24.(e)(5) also 
establish provisions for timely consideration and making of an 
affirmative finding for nations whose vessels harvest yellowfin tuna in 
the ETP by intentionally setting on marine mammals. These regulations 
require that the government of the harvesting nation adopt a regulatory 
program governing the incidental taking of marine mammals in the course 
of such harvesting that is comparable to the regulatory program of the 
United States; and that the average rate of incidental mortality by 
vessels of the harvesting nation is comparable to the average rate of 
incidental mortality of marine mammals by U.S. vessels in the course of 
such harvesting. An affirmative finding under these regulations allows 
importation into the United States of yellowfin tuna and products 
derived from yellowfin tuna harvested in the ETP by purse seine vessels 
greater than 400 short tons carrying capacity through December 31, 
1994.
    The AA reviewed the annual report submitted by the Republic of 
Vanuatu as required by 50 CFR 216.24(e)(5)(iv), describing the 
activities of the Vanuatu-flag purse seine fleet during the 1993 
fishing year (October 1, 1992, through September 30, 1993). The review 
resulted in a determination that the average rate of incidental taking 
by Vanuatu-flag vessels was 0.80 times that of the U.S. fleet during 
the same period (no more than 1.25 times that of U.S. vessels is 
permitted), and that the percentage of the total mortality for eastern 
spinner dolphin and coastal spotted dolphin is 6.50 and 6.15 percent, 
respectively. (Percentages of no greater than 15.0 and 2.0 percent of 
the total mortality are required.) Based on these data, a negative 
finding was indicated because the number of incidental coastal spotted 
dolphin mortalities exceeded 2.0 percent of the total mortality, and 
NMFS was prepared to make such a finding.
    However, Vanuatu authorized the Inter-American Tropical Tuna 
Commission (IATTC) to provide observer data to NMFS for the 12-month 
period December 1, 1992, through November 30, 1993, for reconsideration 
by the AA. These data provided the information required by 50 CFR 
216.24(e)(5)(vii). Submission of the most recent 12 months of data is 
described by Sec. 216.24(e)(5)(vii)(A), for reconsideration of a 
negative finding if the species composition rate was not acceptable for 
the fishing year. The data provided for the December 1, 1992, through 
November 30, 1993, period indicated that the mortality for eastern 
spinner and coastal spotted dolphin comprised 4.08 and 0.54 percent of 
the total mortality, respectively. An affirmative finding for Vanuatu 
was indicated based on these data.
    The overall, rather than a weighted, incidental kill-per-set (kps) 
factor for Vanuatu was used to determine comparability for both periods 
because the U.S. fleet had fewer than five sets in Fishing Area 3 on 
common dolphins, an area and species grouping in which the Vanuatu 
fleet made sets (50 CFR 216.24(e)(5)(v)(F)). Observers assigned by the 
IATTC accompanied all fishing trips made by Vanuatu-flag purse seine 
vessels in the ETP during the 1993 fishing season and during the 12-
month period submitted for reconsideration, as required by the Notice 
of Determination published in the Federal Register on January 8, 1992 
(57 FR 668). A complete list of Vanuatu-flag tuna purse seine vessels 
over 400 short tons carrying capacity and their status during the two 
periods has been submitted, as required by Sec. 216.24(e)(5)(ii)(B).
    Therefore, based on the information described above, the AA, after 
consultation with the Department of State, found that the average rate 
of incidental taking of marine mammals by Vanuatu-flag vessels was 
comparable to that of U.S.-flag vessels, and Vanuatu's regulatory 
program governing the incidental taking of marine mammals in the course 
of harvesting yellowfin tuna by purse seine in the ETP was comparable 
to the regulatory program of the United States, as required by the tuna 
importation provisions of 50 CFR 216.24(e). As a result of this 
affirmative finding, yellowfin tuna and products derived from yellowfin 
tuna harvested by Vanuatu-flag purse seine vessels operating in the ETP 
may be imported into the United States through December 31, 1994.
    At this time, primary embargoes banning the importation of 
yellowfin tuna and products derived from yellowfin tuna harvested in 
the ETP by purse seine vessels of Mexico, Colombia, Venezuela, and 
Panama remain in effect. In addition, intermediary nation embargoes 
banning the importation of all yellowfin tuna and yellowfin tuna 
products from Costa Rica, Italy, and Japan remain in effect. Questions 
regarding these primary and secondary embargoes should be directed to 
the Director, Southwest Region, NMFS (See ADDRESSES).

    Dated: March 23, 1994.
Nancy Foster,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 94-7996 Filed 4-1-94; 8:45 am]
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