[Federal Register Volume 69, Number 26 (Monday, February 9, 2004)]
[Notices]
[Page 5966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2716]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 011504A]


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 Government of 
Mexico under the Marine Mammal Protection Act (MMPA). This affirmative 
finding renewal will allow yellowfin tuna harvested in the eastern 
tropical Pacific Ocean (ETP) in compliance with the International 
Dolphin Conservation Program (IDCP) by Mexican-flag purse seine vessels 
or purse seine vessels operating under Mexican jurisdiction to continue 
to be imported into the United States. The affirmative finding renewal 
was based on review of documentary evidence submitted by the Government 
of Mexico and obtained from the Inter-American Tropical Tuna Commission 
(IATTC) and the Department of State.

DATES: Effective April 1, 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) (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 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 yellowfin tuna and tuna products that were harvested in the ETP by 
purse seine vessels under the jurisdiction of the nation after March 3, 
1999, the effective date of the IDCPA.
    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. 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. 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 annual review process set forth in 50 CFR 
216.24(f), the Assistant Administrator considered documentary evidence 
submitted by the Government of Mexico or obtained from the IATTC and 
the Department of State and determined that Mexico has met the MMPA's 
requirements to receive an affirmative finding.
    After consultation with the Department of State, NMFS renewed the 
Government of Mexico's affirmative finding allowing the continued 
importation into the United States of yellowfin tuna and products 
derived from yellowfin tuna harvested in the ETP after March 3, 1999, 
by Mexican-flag purse seine vessels or purse seine vessels operating 
under Mexican jurisdiction.
    In 2004, the Assistant Administrator will determine whether the 
Government of Mexico 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 Government of Mexico to determine whether 
the affirmative finding criteria are being met. In order for the 
affirmative finding for the Government of Mexico to be renewed after 
NMFS's annual review in 2004, the Government of Mexico must submit a 
new application in early 2005 for an affirmative finding to be 
effective for the period April 1, 2005, through March 31, 2006, and the 
subsequent 4 years.

    Dated: February 3, 2004.
Wanda L. Cain,
Acting Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 04-2716 Filed 2-6-04; 8:45 am]
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