[Federal Register Volume 89, Number 125 (Friday, June 28, 2024)]
[Notices]
[Pages 53962-53963]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14330]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XE053]


Taking and Importing of Marine Mammals

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

ACTION: Notice; new 5-year affirmative finding for El Salvador from 
2023.

-----------------------------------------------------------------------

SUMMARY: This provides notice that on June 5, 2023, the NMFS Assistant 
Administrator (Assistant Administrator) issued a new 5-year affirmative 
finding for the Government of El Salvador under the portions of the 
Marine Mammal Protection Act (MMPA) related to the eastern tropical 
Pacific Ocean (ETP) tuna purse seine fishery and the importation of 
yellowfin tuna from nations participating in this fishery. This 
affirmative finding allows for the importation into the United States 
of yellowfin tuna and yellowfin tuna products harvested in the ETP, in 
compliance with the Agreement on the International Dolphin Conservation 
Program (AIDCP), by purse seine vessels operating under El Salvador's 
jurisdiction or exported from El Salvador. NMFS based the affirmative 
finding determination on reviews of documentary evidence submitted by 
the Government of El Salvador and of information obtained from the 
Inter-American Tropical Tuna Commission (IATTC). NMFS typically 
publishes notice of new affirmative findings shortly after the 
Assistant Administrator makes those findings; however, due to an 
oversight, this notice was not published in 2023, and is therefore 
being published now to provide the public with notice of the finding.

DATES: This new affirmative finding is effective for the 5-year period 
of April 1, 2023, through March 31, 2028.

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 annually reviewing the documentary evidence from the 
previous 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

[[Page 53963]]

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 El Salvador and obtained from 
the IATTC and determined that El Salvador met the MMPA's requirements 
to receive a new 5-year affirmative finding.
    After consultation with the Department of State, the Assistant 
Administrator issued a new 5-year affirmative finding to El Salvador, 
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 El Salvador's jurisdiction or exported 
from El Salvador. Issuance of a new 5-year affirmative finding for El 
Salvador 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 El Salvador is for the 5-year 
period of April 1, 2023, through March 31, 2028, subject to subsequent 
annual reviews by NMFS.

    Dated: June 14, 2024.
Janet Coit,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2024-14330 Filed 6-27-24; 8:45 am]
BILLING CODE 3510-22-P