[Federal Register Volume 75, Number 203 (Thursday, October 21, 2010)]
[Notices]
[Page 65005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26652]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XZ53


Taking and Importing of Marine Mammals

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

ACTION: Notice; annual 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 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 
Government of El Salvador and obtained from the Inter-American Tropical 
Tuna Commission (IATTC) and the U.S. Department of State.

DATES: The affirmative finding renewal is effective from April 1, 2010, 
through March 31, 2011.

FOR FURTHER INFORMATION CONTACT: Sarah Wilkin, Southwest Region, NMFS, 
501 West Ocean Boulevard, Suite 4200, Long Beach, CA 90802-4213; phone 
562-980-3230; fax 562-980-4027.

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 annual affirmative finding renewal.
    After consultation with the Department of State, the Assistant 
Administrator issued the Republic of El Salvador'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 ETP by El Salvadorian-flag purse seine vessels or 
purse seine vessels operating under El Salvadorian jurisdiction. This 
annual renewal of El Salvador's affirmative finding will remain valid 
through March 31, 2011.

    Dated: October 15, 2010.
Eric C. Schwaab,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2010-26652 Filed 10-20-10; 8:45 am]
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