[Federal Register Volume 65, Number 109 (Tuesday, June 6, 2000)]
[Notices]
[Pages 35901-35902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-14199]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 052500A]


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, issued an 
affirmative finding for the Republic of Ecuador under the Marine Mammal 
Protection Act (MMPA) on May 31, 2000. This affirmative finding allows 
the continued importation into the United States of yellowfin tuna and 
yellowfin tuna products harvested in the eastern tropical Pacific Ocean 
(ETP) after March 3, 1999, by Ecuadorian-flag purse seine vessels or 
vessels operating under Ecuadorian jurisdiction greater

[[Page 35902]]

than 400 short tons (362.8 mt) carrying capacity. The affirmative 
finding was based on documentary evidence submitted by the Republic of 
Ecuador and obtained from the Inter-American Tropical Tuna Commission 
(IATTC). This finding remains in effect through March 31, 2001.

DATES: Effective May 31, 2000 through March 31, 2001.

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 for 
Fisheries, NOAA, will determine whether to make an affirmative finding 
based upon documentary evidence provided by the Republic of the 
harvesting nation, by the International Dolphin Conservation Program 
(IDCP), the IATTC, and/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 for Fisheries may determine. The 
harvesting nation must submit an application directly to the Assistant 
Administrator for Fisheries for the first affirmative finding. Every 5 
years, the Republic of the harvesting nation, must request an 
affirmative finding and submit the required documentary evidence 
directly to the Assistant Administrator for Fisheries. The Assistant 
Administrator may require the submission of additional supporting 
documentation or verification of statements made in connection with 
requests to allow importations. 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 
meet several conditions related to compliance with the IDCP. To issue 
an annual affirmative finding NMFS must receive the following 
information:
    1. A statement requesting an affirmative finding;
    2. Evidence of membership in the IATTC;
    3. Evidence that a nation is meeting its obligations to the IATTC, 
including financial obligations;
    4. Evidence that a nation is complying with the IDCP. For example, 
national laws and regulations implementing the Agreement on the IDCP 
and information that the nation is enforcing those laws and 
regulations;
    5. Evidence of a tuna tracking and verification program comparable 
to the U.S. tracking and verification regulations at 50 CFR 216.94;
    6. Evidence that the national fleet dolphin mortality limits (DMLs) 
were not exceeded in the previous calendar;
    7. Evidence that the national fleet per-stock per-year mortality 
limits, if they are allocated to countries, were not exceeded in the 
previous calendar year;
    8. Authorization for the IATTC to release to the Assistant 
Administrator for Fisheries, complete, accurate and timely information 
necessary to verify and inspect Tuna Tracking Forms; and
    9. Authorization for the IATTC to release to the Assistant 
Administrator for Fisheries information whether a nation is meeting its 
obligations of membership to the IATTC and whether a nation is meeting 
its obligations under the IDCP including managing (not exceeding) its 
national fleet DMLs or its national fleet per-stock per-year mortality 
limits. A nation may opt to provide this information 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, in consultation with the 
Secretary of State, if the Assistant Administrator for Fisheries 
determines that the requirements of 50 CFR 216.24(f)(9) 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 Republic of the harvesting nation, must request an 
affirmative finding and submit the required documentary evidence 
directly to the Assistant Administrator for Fisheries.
    The Assistant Administrator for Fisheries reviewed the application 
and documentary evidence submitted by the Republic of Ecuador and 
determined that the requirements under the MMPA to receive an 
affirmative finding have been met for the purposes of issuing an 
affirmative finding for the period April 1--March 31, 2001. On May 31, 
2000, after consultation with the Department of State, NMFS issued an 
affirmative finding allowing yellowfin tuna and products derived from 
yellowfin tuna harvested in the ETP by Ecuadorian-flag purse seine 
vessels or vessels under Ecuadorian jurisdiction greater than 400 short 
tons (362.8 metric tons) carrying capacity after March 3, 1999, to be 
imported into the United States. In subsequent years 2001 through 2004, 
the Assistant Administrator will determine on an annual basis whether 
the Republic of Ecuador is meeting the requirements under section 101 
(a)(2)(B) and (C) of the MMPA. NMFS will use documentary evidence 
provided by the IATTC and the Department of State or the harvesting 
nation, on an annual basis to determine whether the finding should be 
renewed. If necessary, documentary evidence may also be requested from 
the Republic of Ecuador to determine whether the affirmative finding 
criteria are being met. A new application is due by the Republic of 
Ecuador if the affirmative finding lapses or is revoked. If the 
affirmative finding for the Republic of Ecuador is renewed after NMFS's 
annual review in the years 2001 to 2004, the Republic of Ecuador 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 
subsequent years.

    Dated: May 31, 2000.
Penelope D. Dalton,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 00-14199 Filed 6-5-00; 8:45 am]
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