[Federal Register Volume 89, Number 129 (Friday, July 5, 2024)]
[Notices]
[Pages 55587-55588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14738]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XE039]


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 Colombia.

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

[[Page 55588]]


DATES: This new affirmative finding is effective for the 5-year period 
of April 1, 2024, through March 31, 2029.

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 Colombia and obtained from the 
IATTC, and has determined that Colombia has 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 Colombia, 
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 Colombia's jurisdiction or exported from 
Colombia. Issuance of a new 5-year affirmative finding for Colombia 
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 Colombia is for the 5-year period 
of April 1, 2024, through March 31, 2029, subject to subsequent annual 
reviews by NMFS.

    Dated: June 25, 2024.
Janet Coit,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2024-14738 Filed 7-3-24; 8:45 am]
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