[Federal Register Volume 89, Number 125 (Friday, June 28, 2024)]
[Notices]
[Pages 53960-53961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14337]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XE052]


Taking and Importing of Marine Mammals

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

ACTION: Notice; 2023 affirmative finding annual renewals for Colombia, 
Ecuador, Guatemala, Mexico, Peru, and Spain.

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SUMMARY: This provides notice that on June 5, 2023, the NMFS Assistant 
Administrator (Assistant Administrator) completed an affirmative 
finding annual renewal for the Governments of Colombia, Ecuador, 
Guatemala, Mexico, Peru and Spain (referred to hereafter as ``The 
Nations'') 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. These affirmative findings allowed for 
the importation into the United States of yellowfin tuna and yellowfin 
tuna products harvested in the ETP from April 1, 2023, through March 
31, 2024, 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 based 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). NMFS 
typically publishes notice of affirmative finding annual renewals 
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 findings.

DATES: These affirmative finding annual renewals were effective for the 
1-year period of April 1, 2023, through March 31, 2024.

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 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 determined that The Nations 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'

[[Page 53961]]

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 were for 
the 1-year period of April 1, 2023, through March 31, 2024. The 
Nations' individual 5-year affirmative findings, which have varying 
start and end dates, remain valid, subject to subsequent annual reviews 
by NMFS. Peru's 5-year affirmative findings will remain valid through 
March 31, 2027. Ecuador, Guatemala, Mexico, and Spain's 5-year 
affirmative findings will remain valid through March 31, 2025. Colombia 
had a 5-year affirmative finding that was valid through March 31, 2024, 
and was renewed on May 22, 2024, for the period of April 1, 2024, 
through March 31, 2029.

    Dated: June 14, 2024.
Janet Coit,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2024-14337 Filed 6-27-24; 8:45 am]
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