[Federal Register Volume 73, Number 133 (Thursday, July 10, 2008)]
[Notices]
[Pages 39676-39677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-15604]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XI46


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 granted a request for an affirmative finding for the 
Republic of El Salvador 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 El Salvadorian-
flag purse seine vessels or purse seine vessels operating under El 
Salvadorian jurisdiction 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 U.S. Department of 
State.

DATES: The affirmative finding is effective from April 1, 2008, through 
March 31, 2013, subject to annual review by NMFS.

[[Page 39677]]


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. 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 Republic of El Salvador or obtained from the IATTC and 
the Department of State and has determined that El Salvador has met the 
MMPA's requirements to receive an affirmative finding.
    After consultation with the Department of State, the Assistant 
Administrator issued 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 purse seine vessels 
operating under El Salvadorian jurisdiction. El Salvador's affirmative 
finding will remain valid through March 31, 2013, subject to subsequent 
annual reviews by NMFS.

    Dated: July 2, 2008.
John Oliver
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.
[FR Doc. E8-15604 Filed 7-9-08; 8:45 am]
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