[Federal Register Volume 85, Number 159 (Monday, August 17, 2020)]
[Notices]
[Pages 50011-50012]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17934]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XA299]
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, El
Salvador, and Peru.
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SUMMARY: The NMFS Assistant Administrator (Assistant Administrator) has
completed an affirmative finding annual renewal for the Governments of
Colombia, El Salvador, and Peru (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, 2020, through March 31, 2021.
FOR FURTHER INFORMATION CONTACT: Justin Greenman, West Coast Region,
National Marine Fisheries Service, 501 W. Ocean Blvd., Suite 4200, Long
Beach, CA 90802. Phone: 562-980-3264. Email: [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 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, 2020, through March 31, 2021. The
Nations' individual 5-year affirmative findings, which have varying
start and end dates, remain valid. 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.
[[Page 50012]]
Dated: August 12, 2020.
Chris Oliver,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 2020-17934 Filed 8-14-20; 8:45 am]
BILLING CODE 3510-22-P