[Federal Register Volume 73, Number 91 (Friday, May 9, 2008)]
[Notices]
[Pages 26373-26374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-10379]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XG04


Taking and Importing of Marine Mammals

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

ACTION: Notice; affirmative finding renewal.

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

DATES: The renewal is effective from April 1, 2008, through March 31, 
2009.

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 
is meeting 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. If granted, NMFS will 
review the affirmative finding on an annual basis 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 Spain or obtained from the IATTC and the 
Department of State and has determined that Spain has met the MMPA's 
requirements to receive an annual affirmative finding renewal. Spain's 
current 5-year affirmative finding request remains valid through March 
31, 2010, subject to annual review by NMFS.
    After consultation with the Department of State, the Assistant 
Administrator issued the Government of Spain's annual affirmative 
finding renewal, allowing the continued importation into the United 
States of yellowfin tuna and products derived from yellowfin tuna 
harvested in the

[[Page 26374]]

ETP by Spanish-flag purse seine vessels or purse seine vessels 
operating under Spanish jurisdiction.

    Dated: May 5, 2008.
James W. Balsiger,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. E8-10379 Filed 5-8-08; 8:45 am]
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