[Federal Register Volume 67, Number 99 (Wednesday, May 22, 2002)]
[Notices]
[Pages 35963-35964]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12870]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 050102H]


Taking and Importing of Marine Mammals

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

ACTION: Notice of embargo for Peru.

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SUMMARY: On May 17, 2002, the Assistant Administrator for Fisheries, 
NMFS, acted to prohibit the importation into the United States from 
Peru of yellowfin tuna and yellowfin tuna products harvested by purse 
seine in the eastern tropical Pacific Ocean (ETP). NMFS is required to 
take this action because Peru harvests tuna in the ETP with purse seine 
vessels with greater than 400 short tons (362.8 metric tons) carrying 
capacity and has not received an ``affirmative finding'' as required by 
regulations. This ban remains in effect for Peru until an affirmative 
finding has been granted by the Assistant Administrator.

DATES: Effective May 17, 2002.

FOR FURTHER INFORMATION CONTACT: Allison Routt, Southwest Region, NMFS, 
501 West Ocean Boulevard, Suite 4200, Long Beach, CA, 90802-4213, Phone 
562-980-4020, Fax 562-980-4027.

SUPPLEMENTARY INFORMATION: In order to export to the United States 
yellowfin tuna harvested by purse seine in the ETP, the Marine Mammal 
Protection Act (MMPA) requires a nation that has purse seine vessels 
with over 400 short tons (362.8 metric tons) carrying capacity fishing 
for tuna in the ETP (i.e., a harvesting nation) submit documentary 
evidence to the Assistant Administrator requesting an affirmative 
finding. The process for such requests is described in regulations at 
50 CFR 216.24(f)(9). Based

[[Page 35964]]

upon documentary evidence submitted by the 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 prohibit imports of yellowfin tuna 
harvested by purse seine vessels in the ETP.
    The application procedures to request an affirmative finding are 
described in the interim final regulations implementing the 
International Dolphin Conservation Program Act (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 about 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 (i.e., not 
exceeding) its national fleet DMLs or its national fleet per-stock per-
year mortality limits.
    To maintain the affirmative finding, the government of a harvesting 
nation must request an affirmative finding every 5 years and submit the 
required documentary evidence directly to the Assistant Administrator. 
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.
    Until such time as the Assistant Administrator receives documentary 
evidence from the Republic of Peru demonstrating that it is in 
compliance with the IDCP and issues an affirmative finding, the ban on 
imports of yellowfin tuna harvested by purse seine in the ETP will 
continue. This action prohibits the importation into the United States 
of yellowfin tuna and yellowfin tuna products harvested by purse seine 
vessels in the ETP after March 3, 1999, and exported from the Republic 
of Peru.

    Dated: May 17, 2002.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 02-12870 Filed 5-21-02; 8:45 am]
BILLING CODE 3510-22-S