[Federal Register Volume 65, Number 89 (Monday, May 8, 2000)]
[Notices]
[Pages 26585-26586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-11446]



[[Page 26585]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 041400A]


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: The Assistant Administrator for Fisheries, NMFS, issued an 
affirmative finding for the Government of Mexico under the Marine 
Mammal Protection Act (MMPA) on April 12, 2000. This affirmative 
finding allows importation into the United States of yellowfin tuna and 
yellowfin tuna products harvested in the eastern tropical Pacific Ocean 
(ETP) after March 3, 1999, by Mexican-flag purse seine vessels or 
vessels operating under Mexican jurisdiction greater than 400 short 
tons (362.8 mt) carrying capacity. The affirmative finding was based on 
documentary evidence submitted by the Government of Mexico and obtained 
from the Inter-American Tropical Tuna Commission (IATTC). This finding 
remains in effect through March 31, 2001.

DATES: Effective April 12, 2000, through March 31, 2001.

FOR FURTHER INFORMATION CONTACT: Regional Administrator, Southwest 
Region, NMFS, 501 West Ocean Boulevard, Suite 4200, Long Beach, 
California, 90802-4213; Phone 562-980-4000; Fax 562-980-4018.

SUPPLEMENTARY INFORMATION: The MMPA, 16 U.S.C. 1361 et seq, as amended 
by the International Dolphin Conservation Program Act (IDCPA) (P. L. 
105-42), allows the entry into the United States of yellowfin tuna 
harvested by purse seine vessels in the eastern tropical Pacific Ocean 
(ETP) under certain conditions. If requested by the harvesting nation, 
the Assistant Administrator for Fisheries, NOAA, will determine whether 
to make an affirmative finding based upon documentary evidence provided 
by the government of the harvesting nation, by the International 
Dolphin Conservation Program (IDCP), the IATTC, or the Department of 
State. A finding will remain valid for 1 year (April 1 through March 
31) or for such other period as the Assistant Administrator for 
Fisheries may determine. The harvesting nation must submit an 
application directly to the Assistant Administrator for Fisheries for 
the first affirmative finding. Every 5 years, the government of the 
harvesting nation, must request an affirmative finding and submit the 
required documentary evidence directly to the Assistant Administrator 
for Fisheries. The Assistant Administrator may require the submission 
of additional supporting documentation or verification of statements 
made in connection with requests to allow importations. An affirmative 
finding applies to tuna and tuna products that were harvested in the 
ETP by purse seine vessels of the nation, and applies to any tuna 
harvested in the ETP purse seine fishery after March 3, 1999, the 
effective date of the IDCPA.
    The affirmative finding process requires that the harvesting nation 
meet several conditions related to compliance with the IDCP. To issue 
an annual affirmative finding, NMFS must receive the following 
information:
    1. A statement requesting an affirmative finding;
    2. Evidence of membership in the IATTC;
    3. Evidence that a nation is meeting its obligations to the IATTC, 
including financial obligations;
    4. Evidence that a nation is complying with the IDCP. For example, 
national laws and regulations implementing the Agreement on the IDCP 
and information that the nation is enforcing those laws and 
regulations;
    5. Evidence of a tuna tracking and verification program comparable 
to the U.S. tracking and verification regulations at 50 CFR 216.94;
    6. Evidence that the national fleet dolphin mortality limits (DMLs) 
were not exceeded in the previous calendar;
    7. Evidence that the national fleet per-stock per-year mortality 
limits, if they are allocated to countries, were not exceeded in the 
previous calendar year;
    8. Authorization for the IATTC to release to the Assistant 
Administrator for Fisheries complete, accurate, and timely information 
necessary to verify and inspect Tuna Tracking Forms; and
    9. Authorization for the IATTC to release to the Assistant 
Administrator for Fisheries information whether a nation is meeting its 
obligations of membership to the IATTC and whether a nation is meeting 
its obligations under the IDCP, including managing (not exceeding) its 
national fleet DMLs or its national fleet per-stock per-year mortality 
limits. A nation may opt to provide this information directly to NMFS 
on an annual basis or to authorize the IATTC to release the information 
to NMFS in years when NMFS will review and consider whether to issue 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 for Fisheries 
determines that the requirements of 50 CFR 216.24(f)(9) are no longer 
being met or that a nation is consistently failing to take enforcement 
actions on violations which diminish the effectiveness of the IDCP. 
Every 5 years, the government of the harvesting nation, must request an 
affirmative finding and submit the required documentary evidence 
directly to the Assistant Administrator for Fisheries.
    The Assistant Administrator for Fisheries reviewed the application 
and documentary evidence submitted by the Government of Mexico and 
determined that the requirements under the MMPA to receive an 
affirmative finding have been met for the purposes of issuing an 
affirmative finding for the period April 1--March 31, 2001. On April 
12, 2000, after consultation with the Department of State, NMFS issued 
an affirmative finding that removed the embargo and allows yellowfin 
tuna and products derived from yellowfin tuna harvested in the ETP by 
Mexican-flag purse seine vessels or vessels under Mexican jurisdiction 
greater than 400 short tons (362.8 metric tons) carrying capacity after 
March 3, 1999, to be imported into the United States. In subsequent 
years 2001 through 2004, the Assistant Administrator will determine on 
an annual basis whether the Government of Mexico is meeting the 
requirements under section 101 (a)(2)(B) and (C) of the MMPA. NMFS will 
use documentary evidence provided by the IATTC and the Department of 
State or by the harvesting nation on an annual basis to determine 
whether the finding should be renewed. If necessary, documentary 
evidence may also be requested from the Government of Mexico to 
determine whether the affirmative finding criteria are being met. A new 
application is due by the Government of Mexico if the affirmative 
finding lapses or is revoked. If the affirmative finding for the 
Government of Mexico is renewed after NMFS's annual review in the years 
2001 to 2004, the Government of Mexico must submit a new application in 
early 2005 for an affirmative finding to be effective for the period 
April 1, 2005, through March 31, 2006, and subsequent years.


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    Dated: April 19, 2000.
Andrew A. Rosenberg,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 00-11446 Filed 5-5-00; 8:45 am]
BILLING CODE 3510-22-F