[Federal Register Volume 87, Number 145 (Friday, July 29, 2022)]
[Notices]
[Page 45762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16312]



[[Page 45762]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID: 0648-XC064]


Taking and Importing of Marine Mammals

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

ACTION: Notice; new five-year affirmative finding for Peru.

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SUMMARY: The NMFS Assistant Administrator (Assistant Administrator) has 
issued a new 5-year affirmative finding for the Government of Peru 
under the Marine Mammal Protection Act (MMPA). This affirmative finding 
will allow the 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 
Peru's jurisdiction or exported from Peru. NMFS bases the affirmative 
finding determination on reviews of documentary evidence submitted by 
the Government of Peru and of information obtained from the Inter-
American Tropical Tuna Commission (IATTC).

DATES: This new affirmative finding is effective for the five-year 
period of April 1, 2022, through March 31, 2027.

FOR FURTHER INFORMATION CONTACT: Justin Greenman, West Coast Region, 
NMFS, by mail: 501 W Ocean Blvd., Suite 4200, Long Beach, CA 90802, 
email: [email protected], or phone: (562) 980-3264.

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); 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), the Assistant Administrator considered documentary 
evidence submitted by the Government of Peru and obtained from the 
IATTC and has determined that Peru has met the MMPA's requirements to 
receive a new five-year affirmative finding.
    After consultation with the Department of State, the Assistant 
Administrator issued a new 5-year affirmative finding to Peru, 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 Peru's jurisdiction or exported from Peru. Issuance of 
a new five-year affirmative finding for Peru 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).
    This new affirmative finding for Peru is for the five-year period 
of April 1, 2022, through March 31, 2027, subject to subsequent annual 
reviews by NMFS.

    Dated: July 26, 2022.
Janet Coit,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2022-16312 Filed 7-28-22; 8:45 am]
BILLING CODE 3510-22-P