[Federal Register Volume 76, Number 162 (Monday, August 22, 2011)]
[Notices]
[Page 52319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-21385]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

0648-XA487


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).

DATES: The affirmative finding annual renewal is effective from April 
1, 2011, through March 31, 2012.

FOR FURTHER INFORMATION CONTACT: Sarah Wilkin, Southwest Region, NMFS, 
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 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 by the Government of Spain and obtained from the IATTC and 
has determined that Spain has met the MMPA's requirements to receive an 
affirmative finding annual renewal.
    After consultation with the Department of State, the Assistant 
Administrator issued an affirmative finding annual renewal to Spain, 
allowing the continued importation into the United States of yellowfin 
tuna and products derived from yellowfin tuna harvested in the ETP by 
Spanish-flag purse seine vessels or purse seine vessels operating under 
Spanish jurisdiction through March 31, 2012. Spain's five-year 
affirmative finding will remain valid through March 31, 2015, subject 
to subsequent annual reviews by NMFS.

    Dated: August 17, 2011.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Services, National Marine 
Fisheries Service.
[FR Doc. 2011-21385 Filed 8-19-11; 8:45 am]
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