[Federal Register Volume 67, Number 76 (Friday, April 19, 2002)]
[Notices]
[Pages 19415-19416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-9686]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 040902G]


Taking and Importing of Marine Mammals

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

ACTION: Notice of affirmative finding renewal.

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SUMMARY: The Assistant Administrator for Fisheries, NMFS, (Assistant 
Administrator) has renewed the affirmative finding for the Republic of 
Ecuador under the Marine Mammal Protection Act (MMPA). The renewal of 
Ecuador's affirmative finding allows for the continued 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 Ecuadorian-flag purse seine vessels with a carrying capacity 
greater than 400 short tons (362.8 metric tons) or purse seine vessels 
with a carrying capacity greater than 400 short tons operating under 
Ecuadorian jurisdiction. The affirmative finding renewal was based on 
review of documentary evidence submitted by the Republic of Ecuador and 
obtained from theInter-American Tropical Tuna Commission (IATTC) and 
the Department of State. This finding is

[[Page 19416]]

effective from April 1, 2002, through March 31, 2003.

DATES: Effective April 1, 2002, through March 31, 2003.

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) (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, 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 may determine. 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 International 
Dolphin Conservation Program (IDCP). A nation may opt to provide 
information regarding compliance with the IDCP 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 that 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.
    As a part of the annual review process set forth in 50 CFR 216.24 
(f)(9), the Assistant Administrator considered documentary evidence 
submitted by the Republic of Ecuador and obtained from the IATTC and 
the Department of State and determined that the requirements under the 
MMPA to receive an affirmative finding have been met for the purposes 
of renewing an affirmative finding.
    Effective April 1, 2002, after consultation with the Department of 
State, NMFS renewed the Republic of Ecuador's affirmative finding 
allowing the continued importation into the United States of yellowfin 
tuna and products derived from yellowfin tuna harvested in the ETP by 
Ecuadorian-flag purse seine vessels with a carrying capacity greater 
than 400 short tons (362.8 metric tons) or purse seine vessels with a 
carrying capacity greater than 400 short tons operating under 
Ecuadorian jurisdiction after March 3, 1999. This renewal will remain 
in effect for 1 year (April 1, 2002 through March 31, 2003).
    In subsequent years 2003 through 2004, the Assistant Administrator 
will determine on an annual basis whether the Republic of Ecuador is 
meeting the requirements under section 101(a)(2)(B) and (C) of the 
MMPA. If necessary, documentary evidence may also be requested from the 
Republic of Ecuador to determine whether the affirmative finding 
criteria are being met. If the affirmative finding for the Republic of 
Ecuador is renewed after NMFS's annual review in the years 2003 and 
2004, the Republic of Ecuador 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.

    Dated: April 15, 2002.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 02-9686 Filed 4-18-02; 8:45 am]
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