[Federal Register Volume 75, Number 73 (Friday, April 16, 2010)]
[Notices]
[Pages 19943-19944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-8776]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XV67


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 to the 
Government of Ecuador 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 Ecuadorian-flag 
purse seine vessels or purse seine vessels operating under Ecuadorian 
jurisdiction to be imported into the United States. The affirmative 
finding was based on review of documentary evidence submitted by the 
Government of Ecuador 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, 2010, through 
March 31, 2015, subject to annual review by NMFS.

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

[[Page 19944]]

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 Ecuador or obtained from the IATTC and 
the Department of State and has determined that Ecuador has met the 
MMPA's requirements to receive an affirmative finding.
    After consultation with the Department of State, the Assistant 
Administrator issued 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 El Salvadorian jurisdiction. Ecudaor's affirmative finding will 
remain valid through March 31, 2015, subject to subsequent annual 
reviews by NMFS.

    Dated: April 12, 2010.
Eric C. Schwaab,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2010-8776 Filed 4-15-10; 8:45 am]
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