[Federal Register Volume 69, Number 219 (Monday, November 15, 2004)]
[Notices]
[Page 65583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25315]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 102704]


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 affirmative 
finding renewal will allow yellowfin tuna and yellowfin tuna products 
harvested in the eastern tropical Pacific Ocean (ETP), in compliance 
with the International Dolphin Conservation Program (IDCP) by 
Ecuadorian-flag purse seine vessels or vessels operating under 
Ecuadorian jurisdiction, to continue to be imported into the United 
States. 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, 
2005.

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., allows 
entry into the United States of yellowfin tuna harvested by purse seine 
vessels in the ETP under certain conditions. Under implementing 
regulations at 50 CFR 216.24, a nation with purse seine vessels greater 
than 400 short tons (362.8 metric tons) carrying capacity fishing for 
tuna in the ETP must have an affirmative finding in order to export 
such tuna and tuna products to the United States. 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 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) 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 and 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 operating under Ecuadorian jurisdiction.
    The Republic of Ecuador must submit a new application no later than 
January 2005 for an affirmative finding to be effective for the period 
April 1, 2005, through March 31, 2006, and the subsequent 4 years.

    Dated: November 9, 2004.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 04-25315 Filed 11-12-04; 8:45 am]
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