[Federal Register Volume 69, Number 3 (Tuesday, January 6, 2004)]
[Notices]
[Pages 628-629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-233]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 122303E]


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) granted the affirmative finding for the Republic of 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 be imported into the United States. The affirmative 
finding was based on review of documentary evidence submitted by the 
Republic of El Salvador and obtained from the Inter-American Tropical 
Tuna Commission (IATTC) and the Department of State.

DATES: Effective December 31, 2003, through March 31, 2004.

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. 1361 et seq., as amended 
by the International Dolphin Conservation Program Act (IDCPA) (Pub. L. 
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 affirmative finding 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.

[[Page 629]]

    The affirmative finding process requires that the harvesting nation 
meet several 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 to 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 if the Assistant 
Administrator, in consultation with the Secretary of State, 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 CFR 
216.24(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 granted the 
Republic 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 after March 3, 1999, by El 
Salvadorian-flag purse seine vessels or vessels under El Salvadorian 
jurisdiction. This finding will remain in effect until March 31, 2004.
    In subsequent years 2004 through 2007, 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 renewed after NMFS's annual review in the years 2004 
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: December 31, 2003.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 04-233 Filed 1-5-04; 8:45 am]
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