[Federal Register Volume 65, Number 200 (Monday, October 16, 2000)]
[Notices]
[Pages 61146-61147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-26405]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 091400B]


Taking and Importing of Marine Mammals

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

ACTION: Notice of embargo for Spain.

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SUMMARY: The Assistant Administrator for Fisheries, NMFS, (Assistant 
Administrator) issued an embargo for the Government of Spain under the 
Marine Mammal Protection Act (MMPA) on October 6, 2000. This embargoes 
the 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 Spanish-flag purse seine vessels or vessels 
operating

[[Page 61147]]

under Spanish jurisdiction and all other yellowfin tuna harvested by 
purse seine in the ETP exported from Spain. This embargo determination 
was made after considering documentary evidence submitted by the 
Government of Spain and obtained from the Inter-American Tropical Tuna 
Commission (IATTC). This embargo remains in effect until further 
notice.

DATES: Effective October 6, 2000.

ADDRESSES: Copies of this notice may be obtained by writing to Regional 
Administrator, Southwest Region, NMFS, 501 West Ocean Boulevard, Suite 
4200, Long Beach, California 90802-4213.

FOR FURTHER INFORMATION CONTACT: Regional Administrator; 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) (Pub. L. 
105-42), allows the entry into the United States of yellowfin tuna 
harvested by purse seine vessels in the ETP under certain conditions. 
If requested by the harvesting nation, the Assistant Administrator 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, and/or 
the Department of State. An affirmative finding will remain valid for 1 
year (generally April 1 through March 31) or for such other period as 
the Assistant Administrator may determine. The harvesting nation must 
submit an application directly to the Assistant Administrator for the 
first affirmative finding. 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 yellowfin 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 or 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 demonstrating whether the nation is meeting 
its obligations of membership to the IATTC and whether the 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 the harvesting nation, must request an affirmative 
finding and submit the required documentary evidence directly to the 
Assistant Administrator.
    The Assistant Administrator reviewed the application and 
documentary evidence submitted by the Government of Spain and 
determined that the requirements under the MMPA to receive an 
affirmative finding have not been met. On October 6, 2000, after 
consultation with the Department of State, NMFS issued an embargo on 
yellowfin tuna and products derived from yellowfin tuna harvested in 
the ETP by Spanish-flag purse seine vessels or vessels under Spanish 
jurisdiction after March 3, 1999, and all other yellowfin tuna 
harvested by purse seine in the ETP exported from Spain to be imported 
into the United States.
    The Assistant Administrator may reconsider a finding upon request 
from, and the submission of additional information by, a harvesting 
nation, if the information indicates that the nation has met the 
requirements under 50 CFR 216.24(f)(9).

    Dated: October 6, 2000.
William T. Hogarth,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 00-26405 Filed 10-13-00; 8:45 am]
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