[Federal Register Volume 67, Number 122 (Tuesday, June 25, 2002)]
[Notices]
[Pages 42756-42757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-15990]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 061202B]


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) renewed the affirmative finding for the Government of 
Mexico under the Marine Mammal Protection Act (MMPA). The renewal of 
Mexico'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 purse seine vessels operating under Mexican jurisdiction. The 
affirmative finding renewal was based on review of documentary evidence 
submitted by the Government of Mexico and obtained from the Inter-
American Tropical Tuna Commission (IATTC) and the Department of State.

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

[[Page 42757]]

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 yellowfin tuna and tuna products that 
were harvested in the ETP by purse seine vessels under the jurisdiction 
of the nation 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). 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. 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 which diminish the effectiveness of the IDCP.
    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 Government of Mexico 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.
    After consultation with the Department of State, NMFS has renewed 
the Government of Mexico's affirmative finding, thereby allowing the 
continued importation into the United States of yellowfin tuna and 
products derived from yellowfin tuna harvested in the ETP after March 
3, 1999, by Mexican-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 (362.8 metric 
tons) operating under Mexican jurisdiction. This renewal will remain in 
effect for 1 year (April 1, 2002, through March 31, 2003).
    In subsequent years 2003 and 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. If necessary, documentary evidence may also be requested from the 
Government of Mexico to determine whether the affirmative finding 
criteria are being met. If the affirmative finding for the Government 
of Mexico is renewed after NMFS' annual review in the years 2003 and 
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 4 years.

    Dated: June 19, 2002.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 02-15990 Filed 6-24-02; 8:45 am]
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