[Federal Register Volume 84, Number 148 (Thursday, August 1, 2019)]
[Notices]
[Pages 37629-37630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16356]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XQ002
Taking and Importing of Marine Mammals
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; 5-year affirmative finding for Colombia.
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SUMMARY: The NMFS Assistant Administrator (Assistant Administrator) has
issued a 5-year affirmative finding for the Government of Colombia
under the Marine Mammal Protection Act (MMPA). This affirmative finding
will allow importation into the United States of yellowfin tuna and
yellowfin tuna products harvested in the eastern tropical Pacific Ocean
(ETP) in compliance with the Agreement on the International Dolphin
Conservation Program (AIDCP) by purse seine vessels operating under
Colombian jurisdiction or exported from Colombia. NMFS bases the
affirmative finding determination on reviews of documentary evidence
submitted by the Government of Colombia and of information obtained
from the secretariat of the Inter-American Tropical Tuna Commission
(IATTC).
DATES: This affirmative finding is effective for the 5-year period of
April 1, 2019, through March 31, 2024.
FOR FURTHER INFORMATION CONTACT: Justin Greenman, West Coast Region,
National Marine Fisheries Service, 501 W Ocean Blvd., Suite 4200, Long
Beach, CA 90802. Phone: 562-980-3264. Email: [email protected].
SUPPLEMENTARY INFORMATION: The MMPA, 16 U.S.C. 1361 et seq., allows for
importation into the United States of yellowfin tuna harvested by purse
seine vessels in the ETP from a nation with jurisdiction over purse
seine vessels with carrying capacity greater than 400 short tons that
harvest tuna in the ETP only if the nation has an ``affirmative
finding'' issued by the NMFS Assistant Administrator. See Section
101(a)(2)(B) of the MMPA, 16 U.S.C. 1371(a)(2)(B). If requested by the
government of such a nation, the Assistant Administrator will determine
whether to make an affirmative finding based upon documentary evidence
provided by the government, the IATTC secretariat, or the Department of
State.
The affirmative finding process requires that the harvesting nation
is meeting its obligations under the AIDCP and its obligations of
membership in the IATTC. Every 5 years, the government of the
harvesting nation must request a new affirmative finding and submit the
required documentary evidence directly to the Assistant Administrator.
On an annual basis, NMFS reviews the affirmative finding and determines
whether the harvesting nation continues to meet the requirements. A
nation may provide information related to compliance with AIDCP 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 AIDCP.
As a part of the affirmative finding process set forth in 50 CFR
216.24(f)(8), the Assistant Administrator considered documentary
evidence submitted by the Government of Colombia and obtained from the
IATTC secretariat and has determined that Colombia has met the MMPA's
requirements to receive an affirmative finding.
After consultation with the Department of State, the Assistant
Administrator issued a 5-year affirmative finding to Colombia, allowing
the importation into the United States of yellowfin tuna and products
derived from yellowfin tuna harvested in the ETP by purse seine vessels
operating under Colombian jurisdiction or exported from Colombia.
Issuance of an affirmative finding for Colombia does not affect
implementation of an intermediary nation embargo under 50 CFR
216.24(f)(9), which apply to exports from a nation that exports to the
United States yellowfin tuna or yellowfin tuna products that was
subject to a ban on importation into the United States under section
101(a)(2)(B) of the MMPA, 16 U.S.C. 1371(a)(2)(B). Colombia's
affirmative finding is effective for the 5-year period of April 1,
2019, through March 31, 2024, subject to subsequent annual reviews by
NMFS.
[[Page 37630]]
Dated: July 24, 2019.
Paul N. Doremus,
Deputy Assistant Administrator for Operations, National Marine
Fisheries Service.
[FR Doc. 2019-16356 Filed 7-31-19; 8:45 am]
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