[Federal Register Volume 65, Number 196 (Tuesday, October 10, 2000)]
[Notices]
[Pages 60170-60171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-25978]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 081400A]


Taking and Importing of Marine Mammals

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

ACTION: Notice of harvesting nation embargoes.

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SUMMARY: The Assistant Administrator for Fisheries, NMFS, (Assistant 
Administrator) imposed embargoes on yellowfin tuna and yellowfin tuna 
products from Belize, Bolivia, Colombia, El Salvador, Guatemala, 
Honduras, Nicaragua, Panama, Vanuatu, and Venezuela under the Marine 
Mammal Protection Act (MMPA), 16 U.S.C. 1361 et seq., on October 3, 
2000. This action prohibits the importation into the United States from 
these nations of yellowfin tuna and yellowfin tuna products harvested 
by purse seine in the eastern tropical Pacific Ocean (ETP). NMFS is 
imposing the embargoes because these nations harvest tuna in the ETP 
with purse seine vessels with greater than 400 short tons (362.8 mt) of 
carrying capacity and have not received ``affirmative findings'' as 
required by 50 CFR 216.24(f)(9). This determination remains in effect 
for each nation until an affirmative finding has been granted to a 
nation by the Assistant Administrator.

DATES: Effective October 3, 2000.

ADDRESSES: Copies of this notice may be obtained by writing to Nicole 
R. Le Boeuf, Office of Protected Resources, NMFS, 1315 East-West 
Highway, Silver Spring, Maryland 90210.

FOR FURTHER INFORMATION CONTACT: Nicole R. Le Boeuf; phone 301-713-
2322; fax 301-713-4060.

SUPPLEMENTARY INFORMATION: Prior to March 3, 1999, section 101(a)(2)(B) 
of the MMPA required nations wishing to import into the United States 
yellowfin tuna or yellowfin tuna products harvested by purse seine in 
the ETP to submit documentation indicating that they were enforcing 
dolphin protection measures comparable to those of the United States. 
Under section 101(a)(2)(B) of the MMPA effective prior to March 3, 
1999, Belize, Colombia, Panama, Vanuatu, and Venezuela were embargoed. 
The existing embargoes against yellowfin tuna harvested by purse seine 
in the ETP and exported from those five nations remain in effect.
    Since March 3, 1999, the standards of the MMPA, as amended by the 
International Dolphin Conservation Program Act (IDCPA) (Pub. L. 105-
42), changed for the entry into the United States of yellowfin tuna and 
yellowfin tuna products harvested by purse seine vessels in the ETP, as 
set forth by the interim final rule implementing the IDCPA (65 FR 30, 
January 3, 2000).
    In order to export to the United States yellowfin tuna harvested by 
purse seine in the ETP, nations that have, operating under their 
jurisdiction, purse seine vessels with over 400 short tons of carrying 
capacity that fish for tuna in the ETP (i.e., a harvesting nation) are 
now obligated to submit documentary evidence directly to Assistant 
Administrator, and to request an affirmative finding as required by 50 
CFR 216.24(f)(9). Based upon documentary evidence submitted by a 
harvesting nation and obtained from the Inter-American Tropical Tuna 
Commission (IATTC) and/or from the Department of State, the Assistant 
Administrator will determine whether the nation qualifies for an 
affirmative finding under section 101(a)(2)(B) of the MMPA. An 
affirmative finding allows for the importation into the United States 
of yellowfin tuna and yellowfin tuna products harvested by purse seine 
in the ETP after March 3, 1999. If a harvesting nation does not provide 
documentary evidence that shows that the nation meets the standards 
under section 101(a)(2)(B) of the MMPA, the Assistant Administrator 
must embargo yellowfin tuna harvested by purse seine in the ETP. 
Bolivia, El Salvador, Guatemala, Honduras, and Nicaragua are not 
currently embargoed, however, those nations have failed to submit 
documentation to NMFS, as required by 50 CFR 216.24(f)(9).
    The application procedures to request an affirmative finding are 
described in the interim final regulations implementing the IDCPA (65 
FR 30, January 3, 2000). Harvesting nations must submit documentary 
evidence directly to the Assistant Administrator demonstrating that 
they meet several conditions related to compliance with the 
International Dolphin Conservation Program (IDCP), and request an 
affirmative finding. To issue an affirmative finding, NMFS must receive 
the following information:
    1. A statement requesting an affirmative finding;
    2. Evidence of membership in the Inter-American Tropical Tuna 
Commission (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 year;
    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 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 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 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 a harvesting nation, must request an affirmative 
finding and submit the required documentary evidence directly to the 
Assistant Administrator.
    Until such time as the Assistant Administrator receives documentary 
evidence from the Governments of Belize, Bolivia, Colombia, El 
Salvador, Guatemala, Honduras, Nicaragua,

[[Page 60171]]

Panama, Vanuatu, and Venezuela demonstrating that they qualify for 
affirmative findings, embargoes on yellowfin tuna harvested by purse 
seine in the ETP by these nations will continue. These embargoes 
prohibit the importation into the United States from these nations of 
yellowfin tuna and yellowfin tuna products harvested by purse seine in 
the ETP after March 3, 1999.

    Dated: October 3, 2000.
William T. Hogarth,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 00-25978 Filed 10-6-00; 8:45 am]
BILLING CODE 3510-22-S