[Federal Register Volume 70, Number 110 (Thursday, June 9, 2005)]
[Notices]
[Pages 33734-33735]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11463]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 053105D]


Taking and Importing of Marine Mammals

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

ACTION: Notice; affirmative finding.

-----------------------------------------------------------------------

SUMMARY: The Assistant Administrator for Fisheries, NMFS, (Assistant 
Administrator) has issued an affirmative finding for the Government of 
Spain under the Marine Mammal Protection Act (MMPA). This affirmative 
finding will allow yellowfin tuna harvested in the Eastern Tropical 
Pacific (ETP) in compliance with the International Dolphin Conservation 
Program (IDCP) by Spanish-flag purse seine vessels or purse seine 
vessels operating under Spanish jurisdiction to be imported into the 
United States. The affirmative finding was based on review of 
documentary evidence submitted by the Government of Spain and obtained 
from the Inter-American Tropical Tuna Commission (IATTC) and the U.S. 
Department of State.

DATES: Effective June 9, 2005 through March 31, 2006.

FOR FURTHER INFORMATION CONTACT: Regional Administrator, Southwest 
Region, NMFS, 501 West Ocean Boulevard, Suite 4200, Long Beach, CA 
90802-4213; phone 562-980-4000; fax 562-980-4018.

SUPPLEMENTARY INFORMATION: The MMPA, 16 U.S.C. 1361 et seq., 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 affirmative finding based upon documentary evidence provided 
by the government of the harvesting

[[Page 33735]]

nation, the IATTC, or the Department of State.
    The affirmative finding process requires that the harvesting nation 
meet several conditions related to compliance with the IDCP. As a part 
of the affirmative finding process set forth in 50 CFR 216.24(f), the 
Assistant Administrator considered documentary evidence submitted by 
the Government of Spain or obtained from the IATTC and the Department 
of State and determined that Spain has met the MMPA's requirements to 
receive an affirmative finding.
    After consultation with the Department of State, the Assistant 
Administrator issued the Government of Spain's affirmative finding 
allowing the importation into the United States of yellowfin tuna and 
products derived from yellowfin tuna harvested in the ETP by Spanish-
flag purse seine vessels or purse seine vessels operating under Spanish 
jurisdiction. The affirmative finding will remain valid through March 
31, 2010, provided that the NMFS's annual review of the finding 
determines that the harvesting nation is still in compliance with the 
required conditions for a finding. This annual review will occur for 
the years 2006 to 2009.
    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. On an annual basis NMFS will 
review the affirmative finding and determine whether Spain continues to 
meet the requirements. A nation may provide information regarding its 
compliance with the IDCP directly to NMFS on an annual basis or may 
authorize the IATTC to release the information to NMFS in years when 
NMFS will review and consider whether to issue 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 IDCP.

    Dated: June 6, 2005.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 05-11463 Filed 6-8-05; 8:45 am]
BILLING CODE 3510-22-S