[Federal Register Volume 70, Number 92 (Friday, May 13, 2005)]
[Notices]
[Pages 25548-25549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9603]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 042505D]


Taking and Importing of Marine Mammals

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

ACTION: Notice of affirmative finding.

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SUMMARY: The Assistant Administrator for Fisheries, NMFS, (Assistant 
Administrator) renewed the affirmative finding for the Republic of El 
Salvador under the Marine Mammal Protection Act (MMPA). This 
affirmative finding renewal will allow yellowfin tuna harvested in the 
Eastern Tropical Pacific (ETP) in compliance with the International 
Dolphin Conservation Program (IDCP) by El Salvadorian-flag purse seine 
vessels or purse seine vessels operating under El Salvador's 
jurisdiction to continue to be imported into the United States. The 
affirmative finding was based on review of documentary evidence 
submitted by the Republic of El Salvador and obtained from the Inter-
American Tropical Tuna Commission (IATTC) and the Department of State.

DATES: Effective April 1, 2005, through March 31, 2006.

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., 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 affirmative finding process requires that the harvesting nation 
meet several conditions related to compliance with the IDCP. Every five 
years, the government of the harvesting nation must request an 
affirmative finding and submit the required documentary evidence 
directly to the Assistant Administrator. On an annual basis NMFS will 
review the affirmative finding and determine whether El

[[Page 25549]]

Salvador continues to meet the requirements. A nation may opt to 
provide information regarding compliance with the IDCP directly to NMFS 
on an annual basis or authorize the IATTC to release the information to 
NMFS in years when NMFS will conduct an annual review of the 
affirmative finding.
    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.
    As a part of the affirmative finding process set forth in 50 CFR 
216.24(f), the Assistant Administrator considered documentary evidence 
submitted by the Republic of El Salvador and obtained from the IATTC 
and the Department of State and determined that El Salvador has met the 
MMPA's requirements to receive and affirmative finding.
    After consultation with the Department of State, NMFS renewed the 
Republic of El Salvador'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 El Salvadorian-
flag purse seine vessels or vessels under El Salvadorian jurisdiction. 
The affirmative finding will remain in effect until March 31, 2006.

    Dated: May 10, 2005.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.
[FR Doc. 05-9603 Filed 5-12-05; 8:45 am]
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