[Federal Register Volume 66, Number 82 (Friday, April 27, 2001)]
[Notices]
[Pages 21121-21122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-10541]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 041001C]


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 Republic of 
Ecuador under the Marine Mammal Protection Act (MMPA) on April 19, 
2001. The renewal of Ecuador'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 Ecuadorian-flag purse seine vessels or 
vessels with greater than 400 short tons (362.8 metric tons (mt)) 
carrying capacity operating under Ecuadorian jurisdiction. The 
affirmative finding renewal was based on the review of documentary 
evidence submitted by the Republic of Ecuador 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 harvesting nation, 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 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

[[Page 21122]]

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 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 Republic of Ecuador 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 
Republic of Ecuador'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 Ecuadorian-flag 
purse seine vessels or vessels under Ecuadorian 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).
    In the subsequent years 2002 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. If necessary, additional documentary evidence may be 
requested from the Republic of Ecuador to determine whether the 
affirmative finding criteria are being met. If the affirmative finding 
for the Republic of Ecuador is renewed after NMFS's annual review in 
the years 2002 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: April 19, 2001.
William T. Hogarth,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 01-10541 Filed 4-26-01; 8:45 am]
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