[Federal Register Volume 69, Number 151 (Friday, August 6, 2004)]
[Notices]
[Pages 47913-47914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18053]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 072804B]


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). This affirmative 
finding renewal will allow yellowfin tuna harvested in the Eastern 
Tropical Pacific Ocean (ETP) in compliance with the International 
Dolphin Conservation Program (IDCP) by Mexican-flag purse seine vessels 
or purse seine vessels operating under Mexican jurisdiction to continue 
to be imported into the United States. 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, 2004, through March 31, 2005.

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) (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. The finding will be reviewed 
annually to ensure that the nation continues to meet the requirements 
for an affirmative finding. The requirements must be met in order for 
the finding to remain valid for the following 12-month period (April 1 
through March 31) or for such other period as the Assistant 
Administrator may determine.
    The affirmative finding process requires that the harvesting nation 
meet several conditions related to compliance with 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. 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, thereby diminishing the effectiveness of the IDCP. Every 5 
years, the government of the harvesting nation must request an 
affirmative finding and submit the

[[Page 47914]]

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 Government of Mexico or obtained from the IATTC and 
the Department of State and determined that Mexico has met the MMPA's 
requirements to receive an affirmative finding.
    After consultation with the Department of State, NMFS renewed the 
Government of Mexico'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 Mexican-flag purse 
seine vessels or purse seine vessels operating under Mexican 
jurisdiction.
    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 the subsequent 4 years.

    Dated: July 30, 2004.
John Oliver,
Deputy Assistant Administrator for Operation, National Marine Fisheries 
Service.
[FR Doc. 04-18053 Filed 8-5-04; 8:45 am]
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