[Federal Register Volume 86, Number 123 (Wednesday, June 30, 2021)]
[Notices]
[Pages 34724-34725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13948]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XB116]


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 Colombia, 
Ecuador, El Salvador, Guatemala, Mexico, Peru, and Spain.

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SUMMARY: The NMFS Assistant Administrator (Assistant Administrator) has 
completed an affirmative finding annual renewal for the Governments of 
Colombia, 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 Inter-American Tropical Tuna Commission (IATTC).

DATES: These affirmative finding annual renewals are effective for the 
1-year period of April 1, 2021, through March 31, 2022.

FOR FURTHER INFORMATION CONTACT: Justin Greenman, West Coast Region, 
National Marine Fisheries Service, 501 W Ocean Blvd., Suite 4200, Long 
Beach, CA 90802, (562) 980-3264, [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

[[Page 34725]]

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); see also 50 
CFR 216.24(f)(6)(i). 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, 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 must determine whether the harvesting nation 
continues to meet the requirements of their 5-year affirmative finding. 
NMFS does this by reviewing the documentary evidence from the last 
year. 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), for this annual renewal, the Assistant Administrator 
considered documentary evidence submitted by the Governments of The 
Nations and obtained from the IATTC 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 
applies 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 annual renewals for The Nations are for 
the 1-year period of April 1, 2021, through March 31, 2022. The 
Nations' individual 5-year affirmative findings, which have varying 
start and end dates, remain valid. Ecuador, Guatemala, Mexico, and 
Spain's 5-year affirmative findings will remain valid through March 31, 
2025. Colombia's 5-year affirmative finding will remain valid through 
March 31, 2024, El Salvador's 5-year affirmative finding will remain 
valid through March 31, 2023, and Peru's 5-year affirmative finding 
will remain valid through March 31, 2022, subject to subsequent annual 
reviews by NMFS.

    Dated: June 24, 2021.
Paul N. Doremus,
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.
[FR Doc. 2021-13948 Filed 6-29-21; 8:45 am]
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