[Federal Register Volume 69, Number 75 (Monday, April 19, 2004)]
[Notices]
[Pages 20862-20863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8770]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 032504B]
Taking and Importing of Marine Mammals
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of affirmative finding.
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SUMMARY: The Assistant Administrator for Fisheries, NMFS, (Assistant
Administrator) renewed the affirmative finding for the Republicof El
Salvador under the Marine Mammal Protection Act (MMPA). This
affirmative finding will allow yellowfin tuna harvested in the eastern
tropical Pacific Ocean (ETP) in compliance with the International
Dolphin Conservation Program (IDCP) by El Salvadorian-flag purse seine
vessels or purse seine vessels operating under El Salvador's
jurisdiction to continue to be imported into the United States. The
affirmative finding was basedon review of documentary evidence
submitted by the Republic of El Salvadorand obtained from the Inter-
American Tropical Tuna Commission (IATTC) and the Department of State.
DATES: Effective April 8, 2004, through March 31, 2005.
FOR FURTHER INFORMATION CONTACT: Regional Administrator, Southwest
Region, NMFS, 501 West Ocean Boulevard, Suite 4200, Long Beach,
California, 90802-4213; Phone 562-980-4000; Fax 562-980-4018.
SUPPLEMENTARY INFORMATION: The MMPA, 16 U.S.C. 1361et seq., as amended
by the International Dolphin Conservation Program Act (IDCPA) (Public
Law 105-42), allows the entry into the United States of yellowfin tuna
harvested by purse seine vessels in the ETP under certain conditions.
If requested by the harvesting nation, the Assistant Administrator will
determine whether to make an affirmativefinding based upon documentary
evidence provided by the government of the harvesting nation, the
IATTC, or the Department of State. A finding will remain valid for 1
year (April 1 through March 31) or for such other period as the
Assistant Administrator may determine. An affirmative finding applies
to tuna and tuna products that were harvested in the ETP by purse seine
vessels of the nation, and applies to any tuna harvested in the ETP
purse seine fishery after March 3, 1999, the effective date of the
IDCPA.
The affirmative finding process requires that the harvesting nation
meetseveral conditions related to compliance with the IDCP. A nation
may opt to provide information regarding compliance with the IDCP
directly to NMFS on an annual basis or authorize the IATTC to release
the information to NMFS in years when NMFS will conduct an annual
review of the affirmative finding.
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 which diminish the effectiveness of the IDCP. Every 5 years,
the government of the harvesting nation, must request an affirmative
finding and submit the required documentary evidence directly to the
Assistant Administrator.
As a part of the affirmative finding process set forth in 50
CFR216.24(f), the Assistant Administrator considered documentary
evidence submitted by the Republic of El Salvador and obtained from the
IATTC and the Department of State and determined that the requirements
under the MMPA to receive an affirmative finding have been met.
After consultation with the Department of State, NMFS renewed
theRepublic of El Salvador's affirmative finding allowing the
importation into the United States of yellowfin tuna and products
derived from yellowfin tuna harvested in the ETP, by El Salvadorian-
flag purse seine vessels or vessels under El Salvadorian jurisdiction.
In subsequent years, the Assistant Administrator will determine on
an annual basis whether the Republic of El Salvador is meeting the
requirements under section 101(a)(2)(B) and (C) of the MMPA. If
necessary, documentary evidence may also be requested from the Republic
of El Salvador to determine whether the affirmative finding criteria
are being met. If the affirmative finding for the Republic of El
Salvador is
[[Page 20863]]
renewed after NMFS's annual review in the years 2005 through 2007, the
Republic of El Salvador must submit a new application in early 2008 for
an affirmative finding to be effective for the period April 1, 2008,
through March 31, 2009, and the subsequent 4 years.
Dated: April 13, 2004.
Wanda L. Cain,
Acting Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 04-8770 Filed 4-16-04; 8:45 am]
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