[Federal Register Volume 59, Number 134 (Thursday, July 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17065]


[[Page Unknown]]

[Federal Register: July 14, 1994]


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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[Docket No. 940678-4178; I.D. 042094A]

 

Taking and Importing of Marine Mammals

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

ACTION: Notice of affirmative finding; removal of embargo.

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SUMMARY: NMFS announces a determination that the Republic of Colombia 
has submitted documentary evidence that establishes that it has a 
marine mammal conservation program and incidental mortality rate that 
is comparable to that of the United States. As a result of this 
affirmative finding, yellowfin tuna and products from yellowfin tuna 
harvested by Colombia-flag purse seine vessels greater than 400 short 
tons (362.8 mt) carrying capacity, operating in the eastern tropical 
Pacific Ocean (ETP) can be imported into the United States through 
December 31, 1994.

EFFECTIVE DATE: This finding was effective May 6, 1994, and remains in 
effect through December 31, 1994.

ADDRESSES: Director, Southwest Region, NMFS, 501 West Ocean Blvd, Suite 
4200, Long Beach, CA 90731.

FOR FURTHER INFORMATION CONTACT: LT Dana Wilkes, 310-980-4000, Fax 310-
980-4018.

SUPPLEMENTARY INFORMATION: The Marine Mammal Protection Act (MMPA) (l6 
U.S.C. 1361 et seq.) requires a ban on the importation of commercial 
fish or products from fish that have been caught with commercial 
fishing technology which results in the incidental kill or serious 
injury of ocean mammals in excess of U.S. standards. In the case of 
yellowfin tuna from the ETP, the MMPA requires the ban unless nations 
have met standards comparable to those of the United States. NMFS 
regulations at 50 CFR 216.24(e) govern the importation of yellowfin 
tuna caught by purse seine vessels in the ETP. The regulations require 
submission of certain documentation, including, among other things, the 
number, by species, of marine mammals killed and seriously injured and 
the number of sets made.
    The Assistant Administrator for Fisheries, NOAA, reviewed the 
documentary evidence submitted by Colombia describing the 1993 fishing 
year (October 1, 1992, through September 30, 1993), and determined that 
the average rate of incidental taking of marine mammals by Colombia 
flag vessels and Colombia's regulatory program governing the incidental 
taking of marine mammals in the course of harvesting yellowfin tuna by 
purse seine in the ETP are comparable to those of the United States, as 
required by the tuna importation provisions of 50 CFR 216.24(e). 
Colombian vessels made only one set involving the encirclement of 
marine mammals and there were no mortalities or injuries resulting from 
the set. Observers assigned by the Inter-American Tropical Tuna 
Commission accompanied 100 percent of the fishing trips made by 
Colombia-flag purse seine vessels in the ETP during the 1993 fishing 
year.
    On May 6, 1994, after consultation with the Department of State, 
NMFS issued an affirmative finding to allow the importation of 
yellowfin tuna and products derived from yellowfin tuna harvested by 
Colombia-flag purse seine vessels operating in the ETP.
    Under the provisions of the International Dolphin Conservation Act, 
it is unlawful, after June 1, 1994, to buy, sell, offer for sale, ship 
or transport in the United States tuna that is not dolphin safe. As a 
result of this provision, only tuna that has not been harvested during 
a voyage on which purse seine nets were used to encircle dolphin may be 
sold or shipped into the United States.

    Dated: July 7, 1994.
Charles Karnella,
Acting Program Management Officer, National Marine Fisheries Service.
[FR Doc. 94-17065 Filed 7-13-94; 8:45 am]
BILLING CODE 3510-22-F