[Federal Register Volume 85, Number 159 (Monday, August 17, 2020)]
[Notices]
[Pages 50010-50011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17935]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XA298]


Taking and Importing of Marine Mammals

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

ACTION: Notice; 5-year affirmative findings for Ecuador, Guatemala, 
Mexico, and Spain.

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SUMMARY: The NMFS Assistant Administrator (Assistant Administrator) has 
issued new 5-year affirmative findings for the Governments of Ecuador, 
Guatemala, Mexico, and Spain (referred to hereafter as ``The Nations'') 
under the Marine Mammal Protection Act (MMPA). This affirmative finding 
will allow 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 The 
Nations' jurisdiction or exported from The Nations. NMFS bases the 
affirmative finding determination on reviews of documentary evidence 
submitted by the Government of The Nations and of information obtained 
from the Inter-American Tropical Tuna Commission (IATTC).

DATES: These affirmative findings are effective for the 5-year period 
of April 1, 2020, through March 31, 2025.

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 reviews the affirmative finding and determines 
whether the harvesting nation continues to meet the requirements. 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

[[Page 50011]]

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 Governments of The Nations and obtained from 
the IATTC and has determined that The Nations have met the MMPA's 
requirements to receive an affirmative finding.
    After consultation with the Department of State, the Assistant 
Administrator issued a 5-year affirmative finding to The Nations, 
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 The Nations' jurisdiction or exported 
from The Nations. Issuance of an affirmative finding 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). Ecuador, 
Guatemala, Mexico, and Spain's affirmative findings are effective for 
the 5-year period of April 1, 2020, through March 31, 2025, subject to 
subsequent annual reviews by NMFS.

    Dated: August 12, 2020.
Chris Oliver,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2020-17935 Filed 8-14-20; 8:45 am]
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