[Federal Register Volume 77, Number 48 (Monday, March 12, 2012)]
[Notices]
[Pages 14506-14507]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-5920]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XA999


Taking and Importing of Marine Mammals

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

ACTION: Notice; affirmative finding renewal.

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SUMMARY: The Assistant Administrator for Fisheries, NMFS, (Assistant 
Administrator) has granted an affirmative finding 2-year renewal to the 
Government of Ecuador 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 Ecuadorian-flag 
purse seine vessels or purse seine vessels operating under Ecuadorian 
jurisdiction to be imported into the United States. The affirmative 
finding renewal was based on review of documentary evidence submitted 
by the Government of Ecuador and obtained from the Inter-American 
Tropical Tuna Commission (IATTC).

DATES: The affirmative finding renewal is effective from April 1, 2011, 
through March 31, 2013 (retroactive).

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 
is meeting its obligations under the IDCP and obligations of membership 
in the IATTC. 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. NMFS

[[Page 14507]]

reviews the affirmative finding and determine whether the harvesting 
nation continues to meet the requirements. A nation may provide 
information related to compliance with IDCP and IATTC measures directly 
to NMFS on an annual basis or may authorize the IATTC to release the 
information to NMFS to annually renew 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 Government of Ecuador or obtained from the IATTC and 
has determined that Ecuador has met the requirements under the MMPA to 
receive a renewal of their affirmative finding.
    After consultation with the Department of State, the Assistant 
Administrator issued Ecuador's affirmative finding renewal, 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 through March 31, 2013.

    Dated: March 7, 2012.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Programs, National 
Marine Fisheries Service.
[FR Doc. 2012-5920 Filed 3-9-12; 8:45 am]
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