[Federal Register Volume 70, Number 92 (Friday, May 13, 2005)]
[Notices]
[Page 25549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9604]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 041905D]
Taking and Importing of Marine Mammals
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of affirmative finding renewal.
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SUMMARY: The Assistant Administrator for Fisheries, NMFS, (Assistant
Administrator) renewed the affirmative finding for the Republic of
Ecuador under the Marine Mammal Protection Act (MMPA). This affirmative
finding renewal will allow yellowfin tuna harvested in the ETP in
compliance with the International Dolphin Conservation Program (IDCP)
by Ecuadorian-flag purse seine vessels or purse seine vessels operating
under Ecuadorian jurisdiction to continue to be imported into the
United States. The affirmative finding renewal was based on review of
documentary evidence submitted by the Republic of Ecuador and obtained
from the Inter-American Tropical Tuna Commission (IATTC) and the
Department of State.
DATES: Effective April 1, 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 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. 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 Ecuador continues
to meet the requirements. A nation may provide information regarding
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.
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 Republic of Ecuador or obtained from the IATTC and the
Department of State and determined that Ecuador has met the MMPA's
requirements to receive an affirmative finding.
After consultation with the Department of State, NMFS renewed the
Republic of Ecuador's affirmative finding allowing the continued
importation into the United States of yellowfin tuna and products
derived from yellowfin tuna harvested in the ETP by Ecuadorian-flag
purse seine vessels or purse seine vessels operating under Ecuadorian
jurisdiction. The affirmative finding will remain valid for the period
April 1, 2005, through March 31, 2010, subject to annual reviews by
NMFS.
Dated: May 10, 2005.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine
Fisheries Service.
[FR Doc. 05-9604 Filed 5-12-05; 8:45 am]
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