[Federal Register Volume 70, Number 116 (Friday, June 17, 2005)]
[Notices]
[Page 35227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12022]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 060805D]


Taking and Importing of Marine Mammals

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

ACTION: Notice; affirmative finding.

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SUMMARY: The Assistant Administrator for Fisheries, NMFS, (Assistant 
Administrator) has renewed the affirmative finding for the Government 
of Mexico under the Marine Mammal Protection Act (MMPA). This 
affirmative finding will allow yellowfin tuna harvested in the Eastern 
Tropical Pacific (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 be imported 
into the United States. The affirmative finding 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 U.S. 
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 its obligations under the IDCP and obligations of membership in 
the IATTC. 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 the 
harvesting nation continues to meet the requirements. A nation may 
provide information related to compliance with IDCP and IATTC measures 
directly to NMFS on an annual basis or may authorize the IATTC to 
release the information to NMFS to annually renew 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 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, the Assistant 
Administrator issued 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 affirmative finding will remain valid through 
March 31, 2010, subject to subsequent annual reviews by NMFS.

    Dated: June 10, 2005.
William T. Hogarth
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 05-12022 Filed 6-16-05; 8:45 am]
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