[Federal Register Volume 66, Number 82 (Friday, April 27, 2001)]
[Notices]
[Pages 21122-21123]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-10542]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 041001F]


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) on April 19, 2001. 
The renewal of Mexico's affirmative finding allows for 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 Mexican-flag purse seine vessels or vessels operating 
with greater than 400 short tons (362.8 metric tons (mt)) carrying 
capacity under Mexican jurisdiction. 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. This finding remains in effect 
through March 31, 2002.

DATES: Effective April 1, 2001, through March 31, 2002.

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. 
No. 105-42, 111 Stat. 1122 (1997)), 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, NMFS (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.
    The affirmative finding process requires that the harvesting nation 
meet several conditions related to compliance with the International 
Dolphin Conservation Program (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, in consultation with the 
Secretary of State, if the Assistant Administrator 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 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)(9), the Assistant Administrator considered documentary evidence 
submitted by the Government of Mexico 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 for the purposes 
of renewing 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 by Mexican-flag purse 
seine vessels or vessels under Mexican jurisdiction greater than 400 
short tons (362.8 mt) carrying capacity after March 3, 1999. This 
renewal will remain in effect for 1 year (April 1, 2001, through March 
31, 2002).

[[Page 21123]]

    In the subsequent years 2002 through 2004, the Assistant 
Administrator will determine on an annual basis whether the Government 
of Mexico is meeting the requirements under section 101 (a)(2)(B) and 
(C) of the MMPA. If necessary, additional documentary evidence may be 
requested from the Government of Mexico to determine whether the 
affirmative finding criteria are being met. If the affirmative finding 
for the Government of Mexico is renewed after NMFS's annual review in 
the years 2002 to 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 subsequent 
years.

    Dated: April 19, 2001.
William T. Hogarth,
Assistant Assistant Administrator for Fisheries, National Marine 
Fisheries Service.
[FR Doc. 01-10542 Filed 4-26-01; 8:45 am]
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