[Federal Register Volume 84, Number 148 (Thursday, August 1, 2019)]
[Notices]
[Pages 37628-37629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16358]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XQ001


Taking and Importing of Marine Mammals

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

ACTION: Notice; affirmative finding annual renewals for Ecuador, El 
Salvador, Guatemala, Mexico, Peru, and Spain.

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SUMMARY: The NMFS Assistant Administrator (Assistant Administrator) has 
renewed affirmative findings for the Governments of Ecuador, El 
Salvador, Guatemala, Mexico, Peru, and Spain (referred to hereafter as 
``the Nations'') under the Marine Mammal Protection Act (MMPA). These 
affirmative findings will continue to allow the importation into the 
United States of yellowfin tuna and yellowfin tuna products harvested 
in the eastern tropical Pacific Ocean (ETP) for 1 year in compliance 
with the Agreement on the International Dolphin Conservation Program 
(AIDCP) by purse seine vessels operating under the Nations' 
jurisdiction or exported from the Nations. NMFS bases the affirmative 
finding annual renewals on reviews of documentary evidence submitted by 
the Governments of the Nations and of information obtained from the 
secretariat of the Inter-American Tropical Tuna Commission (IATTC).

DATES: These affirmative finding annual renewals are effective for the 
one-year period of April 1, 2019, through March 31, 2020.

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 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

[[Page 37629]]

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 Governments of The Nations and obtained from 
the IATTC secretariat and has determined that The Nations have met the 
MMPA's requirements to receive affirmative finding annual renewals.
    After consultation with the Department of State, the Assistant 
Administrator issued affirmative finding annual renewals to the 
Nations, allowing the continued importation into the United States of 
yellowfin tuna and products derived from yellowfin tuna harvested in 
the ETP by purse seine vessels operating under the Nations' 
jurisdiction or exported from the Nations. Issuance of affirmative 
finding annual renewals for the Nations 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). These affirmative finding renewals are 
for the 1-year period of April 1, 2019, through March 31, 2020.
    El Salvador's 5-year affirmative finding will remain valid through 
March 31, 2023, Peru's 5-year affirmative finding will remain valid 
through March 31, 2022, and Ecuador, Guatemala, Mexico, and Spain's 5-
year affirmative findings will remain valid through March 31, 2020, 
subject to subsequent annual reviews by NMFS.

    Dated: July 24, 2019.
Paul N. Doremus,
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.
[FR Doc. 2019-16358 Filed 7-31-19; 8:45 am]
 BILLING CODE 3510-22-P