[Federal Register Volume 74, Number 155 (Thursday, August 13, 2009)]
[Notices]
[Page 40815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19470]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XQ83


Taking and Importing of Marine Mammals

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

ACTION: Notice; annual affirmative finding renewals.

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

DATES: The affirmative finding renewals are effective from April 1, 
2009, through March 31, 2010.

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 for Fisheries (Assistant 
Administrator) will determine whether to make an affirmative finding 
based upon documentary evidence provided by the government of the 
harvesting nation, the IATTC, and 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 reviews 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 separately by the Government of Ecuador, the Government of El 
Salvador, the Government of Mexico, and the Government of Spain, as 
well as evidence obtained from the IATTC and the Department of State 
and has determined that Ecuador, El Salvador, Mexico and Spain have 
each met the MMPA's requirements to receive annual affirmative finding 
renewals.
    After consultation with the Department of State, the Assistant 
Administrator issued annual affirmative finding renewals to the 
Governments of Ecuador, El Salvador, Mexico, and Spain, allowing the 
continued importation into the United States of yellowfin tuna and 
products derived from yellowfin tuna harvested in the ETP by 
Ecuadorian-flag, El Salvadorian-flag, Mexican-flag or Spanish-flag 
purse seine vessels or purse seine vessels operating under the 
jurisdiction of these nations. These annual renewals of affirmative 
findings for Ecuador, El Salvador, Mexico and Spain will remain valid 
through March 31, 2010.

    Dated: August 7, 2009.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. E9-19470 Filed 8-12-09; 8:45 am]
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