[Federal Register Volume 70, Number 92 (Friday, May 13, 2005)]
[Notices]
[Page 25549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9604]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 041905D]


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 harvested in the ETP in 
compliance with the International Dolphin Conservation Program (IDCP) 
by Ecuadorian-flag purse seine vessels or purse seine 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.

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 5 
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 Ecuador continues 
to meet the requirements. 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.
    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 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 purse seine vessels operating under Ecuadorian 
jurisdiction. The affirmative finding will remain valid for the period 
April 1, 2005, through March 31, 2010, subject to annual reviews by 
NMFS.

    Dated: May 10, 2005.
John Oliver,

Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.
[FR Doc. 05-9604 Filed 5-12-05; 8:45 am]
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