[Federal Register Volume 68, Number 128 (Thursday, July 3, 2003)]
[Notices]
[Pages 39900-39901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16878]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 061603A]


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 Republic of 
Ecuador under the Marine Mammal Protection Act (MMPA). This renewal 
allows 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 or vessels operating under Ecuadorian jurisdiction greater than 
400 short tons (362.8 mt) carrying capacity. The affirmative finding 
renewal was based on review of documentary evidence submitted by the 
Republic of Ecuador and obtained from the Inter-American Tropical Tuna 
Commission (IATTC) and the Department of State. This finding remains in 
effect through March 31, 2004.

DATES: Effective April 1, 2003, through March 31, 2004.

FOR FURTHER INFORMATION CONTACT: Regional Administrator, Southwest 
Region, NMFS, 501 West Ocean Boulevard, Suite 4200, Long Beach, CA, 
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) (Public 
Law 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 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 provide information 
regarding compliance with the IDCP directly to NMFS on an annual basis 
or may 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) 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.
    As a part of the annual review process set forth in 50 CFR 
216.24(f), the Assistant Administrator considered documentary evidence 
submitted by the Republic of Ecuador or obtained from the IATTC and the 
Department of State and determined that Ecuador has met the MMPA's 
requirements to receive an affirmative finding. 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 or vessels 
under Ecuadorian jurisdiction greater than 400 short tons (362.8 metric 
tons) carrying capacity after March 3, 1999. This renewal will remain 
in effect for 1 year (April 1, 2003, through March 31, 2004).
    In 2004, the Assistant Administrator will determine whether the 
Republic of Ecuador is meeting the requirements

[[Page 39901]]

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. In 
order for the affirmative finding for the Republic of Ecuador to be 
renewed after NMFS's annual review in 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 the subsequent 4 years.

    Dated: June 26, 2003.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 03-16878 Filed 7-2-03; 8:45 am]
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