80_FR_24328 80 FR 24245 - Taking and Importing of Marine Mammals

80 FR 24245 - Taking and Importing of Marine Mammals

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 83 (April 30, 2015)

Page Range24245-24246
FR Document2015-10167

The Assistant Administrator for Fisheries, NMFS, (Assistant Administrator) has issued an affirmative finding annual renewal for the Government of Spain under the Marine Mammal Protection Act (MMPA). This affirmative finding annual renewal will allow yellowfin tuna and yellowfin tuna products harvested in the eastern tropical Pacific Ocean (ETP) in compliance with the International Dolphin Conservation Program (IDCP) by Spanish-flag purse seine vessels or purse seine vessels operating under Spanish jurisdiction to be imported into the United States. The affirmative finding annual renewal was based on review of documentary evidence submitted by the Government of Spain and obtained from the Inter-American Tropical Tuna Commission (IATTC).

Federal Register, Volume 80 Issue 83 (Thursday, April 30, 2015)
[Federal Register Volume 80, Number 83 (Thursday, April 30, 2015)]
[Notices]
[Pages 24245-24246]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-10167]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XD881


Taking and Importing of Marine Mammals

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

ACTION: Notice; affirmative finding annual renewal.

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SUMMARY: The Assistant Administrator for Fisheries, NMFS, (Assistant 
Administrator) has issued an affirmative finding annual renewal for the 
Government of Spain under the Marine Mammal Protection Act (MMPA). This 
affirmative finding annual renewal will allow yellowfin tuna and 
yellowfin tuna products harvested in the eastern tropical Pacific Ocean 
(ETP) in compliance with the International Dolphin Conservation Program 
(IDCP) by Spanish-flag purse seine vessels or purse seine vessels 
operating under Spanish jurisdiction to be imported into the United 
States. The affirmative finding annual renewal was based on review of 
documentary evidence submitted by the Government of Spain and obtained 
from the Inter-American Tropical Tuna Commission (IATTC).

DATES: The affirmative finding annual renewal is effective from April 
1, 2014, through March 31, 2015.

FOR FURTHER INFORMATION CONTACT: Justin Greenman, West Coast Region, 
National Marine Fisheries Service, 501 W. Ocean Blvd., Long Beach, CA 
90802. Phone: 562-980-3264 Email: [email protected].

SUPPLEMENTARY INFORMATION: The MMPA, 16 U.S.C. 1361 et seq., allows

[[Page 24246]]

for importation 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 a new affirmative finding and submit the required 
documentary evidence directly to the Assistant Administrator. On an 
annual basis, NMFS reviews the affirmative finding and determines 
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 Spain and obtained from the IATTC and 
has determined that Spain has met the MMPA's requirements to receive an 
affirmative finding annual renewal.
    After consultation with the Department of State, the Assistant 
Administrator issued an affirmative finding annual renewal to Spain, 
allowing the continued importation into the United States of yellowfin 
tuna and products derived from yellowfin tuna harvested in the ETP by 
Spanish-flag purse seine vessels or purse seine vessels operating under 
Spanish jurisdiction through March 31, 2015. Spain's 5-year affirmative 
finding will remain valid through March 31, 2015.

    Dated: April 24, 2015.
Eileen Sobeck,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2015-10167 Filed 4-29-15; 8:45 am]
 BILLING CODE 3510-22-P



                                                                                Federal Register / Vol. 80, No. 83 / Thursday, April 30, 2015 / Notices                                                 24245

                                                  also considered healthy. In summary,                    action. Therefore, we have determined                 review at www.nmfs.noaa.gov/pr/
                                                  and based on extensive monitoring data,                 that the total taking of affected species             permits/incidental/construction.htm.
                                                  we believe that impacts to hauled-out                   or stocks would not have an unmitigable
                                                                                                                                                                Authorization
                                                  pinnipeds during estuary management                     adverse impact on the availability of
                                                  activities would be behavioral                          such species or stocks for taking for                   As a result of these determinations,
                                                  harassment of limited duration (i.e., less              subsistence purposes.                                 we have issued an IHA to SCWA to
                                                  than one day) and limited intensity (i.e.,                                                                    conduct estuary management activities
                                                                                                          Endangered Species Act (ESA)                          in the Russian River from the period of
                                                  temporary flushing at most).
                                                  Stampeding, and therefore injury or                        No species listed under the ESA are                April 21, 2015, through April 20, 2016,
                                                  mortality, is not expected—nor been                     expected to be affected by these                      provided the previously mentioned
                                                  documented—in the years since                           activities. Therefore, we have                        mitigation, monitoring, and reporting
                                                  appropriate protocols were established                  determined that a section 7 consultation              requirements are implemented.
                                                  (see Mitigation for more details).                      under the ESA is not required. As                       Dated: April 27, 2015.
                                                  Further, the continued, and increasingly                described elsewhere in this document,
                                                                                                                                                                Donna S. Wieting,
                                                  heavy (Figure 4; SCWA, 2015), use of                    SCWA and the Corps consulted with
                                                                                                          NMFS under section 7 of the ESA                       Director, Office of Protected Resources,
                                                  the haul-out despite decades of                                                                               National Marine Fisheries Service.
                                                  breaching events indicates that                         regarding the potential effects of their
                                                                                                          operations and maintenance activities,                [FR Doc. 2015–10115 Filed 4–29–15; 8:45 am]
                                                  abandonment of the haul-out is
                                                  unlikely. Based on the analysis                         including SCWA’s estuary management                   BILLING CODE 3510–22–P

                                                  contained herein of the likely effects of               program, on ESA-listed salmonids. As a
                                                  the specified activity on marine                        result of this consultation, NMFS issued
                                                                                                          the Russian River Biological Opinion                  DEPARTMENT OF COMMERCE
                                                  mammals and their habitat, and taking
                                                  into consideration the implementation                   (NMFS, 2008), including Reasonable
                                                                                                                                                                National Oceanic and Atmospheric
                                                  of the planned monitoring and                           and Prudent Alternatives, which
                                                                                                                                                                Administration
                                                  mitigation measures, we find that the                   prescribes modifications to SCWA’s
                                                  total marine mammal take from SCWA’s                    estuary management activities. The                    RIN 0648–XD881
                                                  estuary management activities will have                 effects of the proposed activities and
                                                  a negligible impact on the affected                     authorized take would not cause                       Taking and Importing of Marine
                                                  marine mammal species or stocks.                        additional effects for which section 7                Mammals
                                                                                                          consultation would be required.                       AGENCY:  National Marine Fisheries
                                                  Small Numbers Analysis
                                                                                                          National Environmental Policy Act                     Service (NMFS), National Oceanic and
                                                     The authorized number of animals                                                                           Atmospheric Administration (NOAA),
                                                                                                          (NEPA)
                                                  taken for each species of pinniped can                                                                        Commerce.
                                                  be considered small relative to the                       In compliance with the National
                                                                                                          Environmental Policy Act of 1969 (42                  ACTION: Notice; affirmative finding
                                                  population size. There are an estimated
                                                                                                          U.S.C. 4321, et seq.), as implemented by              annual renewal.
                                                  30,968 harbor seals in the California
                                                  stock, 296,750 California sea lions, and                the regulations published by the                      SUMMARY:   The Assistant Administrator
                                                  179,000 northern elephant seals in the                  Council on Environmental Quality (40                  for Fisheries, NMFS, (Assistant
                                                  California breeding population. Based                   CFR parts 1500–1508), and NOAA                        Administrator) has issued an affirmative
                                                  on extensive monitoring effort specific                 Administrative Order 216–6, we
                                                                                                                                                                finding annual renewal for the
                                                  to the affected haul-out and historical                 prepared an Environmental Assessment
                                                                                                                                                                Government of Spain under the Marine
                                                  data on the frequency of the specified                  (EA) to consider the direct, indirect and
                                                                                                                                                                Mammal Protection Act (MMPA). This
                                                  activity, we are proposing to authorize                 cumulative effects to the human
                                                                                                                                                                affirmative finding annual renewal will
                                                  take, by Level B harassment only, of                    environment resulting from issuance of
                                                                                                                                                                allow yellowfin tuna and yellowfin tuna
                                                  3,976 harbor seals, 34 California sea                   the original IHA to SCWA for the
                                                                                                                                                                products harvested in the eastern
                                                  lions, and 34 northern elephant seals,                  specified activities and found that it
                                                                                                                                                                tropical Pacific Ocean (ETP) in
                                                  representing 12.8, 0.01, and 0.02 percent               would not result in any significant
                                                                                                                                                                compliance with the International
                                                  of the populations, respectively.                       impacts to the human environment. We
                                                                                                                                                                Dolphin Conservation Program (IDCP)
                                                  However, this represents an                             signed a Finding of No Significant
                                                                                                                                                                by Spanish-flag purse seine vessels or
                                                  overestimate of the number of                           Impact (FONSI) on March 30, 2010. We
                                                                                                                                                                purse seine vessels operating under
                                                  individuals harassed over the duration                  have reviewed SWCA’s application for a
                                                                                                                                                                Spanish jurisdiction to be imported into
                                                  of the IHA, because these totals                        renewed IHA for ongoing estuary
                                                                                                                                                                the United States. The affirmative
                                                  represent much smaller numbers of                       management activities for 2015 and the
                                                                                                                                                                finding annual renewal was based on
                                                  individuals that may be harassed                        2014 monitoring report. Based on that
                                                                                                                                                                review of documentary evidence
                                                  multiple times. Based on the analysis                   review, we have determined that the
                                                                                                                                                                submitted by the Government of Spain
                                                  contained herein of the likely effects of               proposed action follows closely the
                                                                                                                                                                and obtained from the Inter-American
                                                  the specified activity on marine                        IHAs issued and implemented in 2010–
                                                                                                                                                                Tropical Tuna Commission (IATTC).
                                                  mammals and their habitat, and taking                   13 and does not present any substantial
                                                                                                          changes, or significant new                           DATES: The affirmative finding annual
                                                  into consideration the implementation
                                                                                                          circumstances or information relevant to              renewal is effective from April 1, 2014,
                                                  of the mitigation and monitoring
                                                                                                          environmental concerns which would                    through March 31, 2015.
                                                  measures, we find that small numbers of
                                                                                                                                                                FOR FURTHER INFORMATION CONTACT:
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  marine mammals will be taken relative                   require a supplement to the 2010 EA or
                                                  to the populations of the affected                      preparation of a new NEPA document.                   Justin Greenman, West Coast Region,
                                                  species or stocks.                                      Therefore, we have determined that a                  National Marine Fisheries Service, 501
                                                                                                          new or supplemental EA or                             W. Ocean Blvd., Long Beach, CA 90802.
                                                  Impact on Availability of Affected                      Environmental Impact Statement is                     Phone: 562–980–3264 Email:
                                                  Species for Taking for Subsistence Uses                 unnecessary, and reaffirm the existing                justin.greenman@noaa.gov.
                                                    There are no relevant subsistence uses                FONSI for this action. The 2010 EA and                SUPPLEMENTARY INFORMATION: The
                                                  of marine mammals implicated by this                    FONSI for this action are available for               MMPA, 16 U.S.C. 1361 et seq., allows


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                                                  24246                         Federal Register / Vol. 80, No. 83 / Thursday, April 30, 2015 / Notices

                                                  for importation into the United States of                 Dated: April 24, 2015.                              544685613. On May 20, participants can
                                                  yellowfin tuna harvested by purse seine                 Eileen Sobeck,                                        join Meeting ID: 991–327–765 at
                                                  vessels in the ETP under certain                        Assistant Administrator for Fisheries,                https://global.gotomeeting.com/join/
                                                  conditions. If requested by the                         National Marine Fisheries Service.                    991327765. On May 21, participants can
                                                  harvesting nation, the Assistant                        [FR Doc. 2015–10167 Filed 4–29–15; 8:45 am]           join Meeting ID: 845–869–013 at
                                                  Administrator will determine whether                    BILLING CODE 3510–22–P                                https://global.gotomeeting.com/join/
                                                  to make an affirmative finding based                                                                          845869013. Once you have joined the
                                                  upon documentary evidence provided                                                                            webinar, choose either your computer’s
                                                  by the government of the harvesting                     DEPARTMENT OF COMMERCE                                audio or select ‘‘Use Telephone.’’ If you
                                                                                                                                                                do not select ‘‘Use Telephone’’ you will
                                                  nation, the IATTC, or the Department of
                                                                                                          National Oceanic and Atmospheric                      be connected to audio using your
                                                  State.                                                  Administration                                        computer’s microphone and speakers
                                                     The affirmative finding process                                                                            (VolP). If you do not have a headset and
                                                                                                          RIN 0648–XD903
                                                  requires that the harvesting nation is                                                                        speakers, you may use the conference
                                                  meeting its obligations under the IDCP                  Pacific Fishery Management Council;                   line number by dialing 1–888–790–
                                                  and obligations of membership in the                    Public Meeting                                        6085, and entering passcode 1730793 at
                                                  IATTC. Every 5 years, the government of                                                                       the prompt.
                                                  the harvesting nation must request a                    AGENCY:  National Marine Fisheries                       Although non-emergency issues not
                                                  new affirmative finding and submit the                  Service (NMFS), National Oceanic and                  contained in the meeting agenda may be
                                                  required documentary evidence directly                  Atmospheric Administration (NOAA),                    discussed, those issues may not be the
                                                  to the Assistant Administrator. On an                   Commerce.                                             subject of formal action during these
                                                  annual basis, NMFS reviews the                          ACTION: Notice; public meeting.                       meetings. Action will be restricted to
                                                  affirmative finding and determines                                                                            those issues specifically listed in this
                                                                                                          SUMMARY:   The Pacific Fishery                        document and any issues arising after
                                                  whether the harvesting nation continues                 Management Council’s (Pacific Council)
                                                  to meet the requirements. A nation may                                                                        publication of this document that
                                                                                                          Groundfish Endangered Species                         require emergency action under section
                                                  provide information related to                          Workgroup will hold a meeting, which                  305(c) of the Magnuson-Stevens Fishery
                                                  compliance with IDCP and IATTC                          is open to the public.                                Conservation and Management Act,
                                                  measures directly to NMFS on an                         DATES: The meeting will occur May 19–                 provided the public has been notified of
                                                  annual basis or may authorize the                       21, 2015. The meeting will begin at 1                 the intent to take final action to address
                                                  IATTC to release the information to                     p.m. Tuesday, May 19 and at 9 a.m. on                 the emergency.
                                                  NMFS to annually renew an affirmative                   Wednesday and Thursday, May 20–21.
                                                  finding determination without an                                                                              Special Accommodations
                                                                                                          ADDRESSES: The meeting will be held at
                                                  application from the harvesting nation.                 the Regional Administrator’s Conference                 The meetings are physically
                                                     An affirmative finding will be                       Room, Building 1, National Oceanic and                accessible to people with disabilities.
                                                  terminated, in consultation with the                    Atmospheric Administration, Western                   Requests for sign language
                                                  Secretary of State, if the Assistant                    Regional Center, 7600 Sand Point Way                  interpretation or other auxiliary aids
                                                  Administrator determines that the                       NE., Seattle, WA 98115–6349,                          should be directed to Mr. Kris
                                                  requirements of 50 CFR 216.24(f) are no                 telephone: (206) 526–6150.                            Kleinschmidt at (503) 820–2425 at least
                                                  longer being met or that a nation is                       Council address: Pacific Council,                  5 days prior to the meeting date.
                                                  consistently failing to take enforcement                7700 NE Ambassador Place, Suite 101,                    Dated: April 27, 2015.
                                                  actions on violations, thereby                          Portland, OR 97220–1384.                              Tracey L. Thompson,
                                                  diminishing the effectiveness of the                    FOR FURTHER INFORMATION CONTACT: Ms.                  Acting Deputy Director, Office of Sustainable
                                                  IDCP.                                                   Sarah Williams, NMFS,                                 Fisheries, National Marine Fisheries Service.
                                                                                                          Sarah.Williams@noaa.gov; telephone:                   [FR Doc. 2015–10080 Filed 4–29–15; 8:45 am]
                                                     As a part of the affirmative finding
                                                                                                          (206) 526–4646.                                       BILLING CODE 3510–22–P
                                                  process set forth in 50 CFR 216.24(f), the
                                                                                                          SUPPLEMENTARY INFORMATION: The
                                                  Assistant Administrator considered
                                                  documentary evidence submitted by the                   primary purpose of the meeting is to
                                                                                                          review information on take of species                 DEPARTMENT OF COMMERCE
                                                  Government of Spain and obtained from
                                                                                                          listed under the Endangered Species Act
                                                  the IATTC and has determined that                                                                             National Oceanic and Atmospheric
                                                                                                          (ESA) in the Pacific Coast groundfish
                                                  Spain has met the MMPA’s                                                                                      Administration
                                                                                                          fishery (other than salmonids) and
                                                  requirements to receive an affirmative                  provide recommendations to the Pacific                RIN 0648–XD922
                                                  finding annual renewal.                                 Council on any additional mitigation
                                                     After consultation with the                          measures needed, if any, to meet the                  Presidential Task Force on Combating
                                                  Department of State, the Assistant                      requirements of the ESA as                            Illegal Unreported and Unregulated
                                                  Administrator issued an affirmative                     implemented through the terms and                     (IUU) Fishing and Seafood Fraud
                                                  finding annual renewal to Spain,                        conditions in the most recent biological              Action Plan Recommendations 14/15
                                                  allowing the continued importation into                 opinion for the fishery.                              Identifying Species ‘‘At Risk’’ of IUU
                                                  the United States of yellowfin tuna and                    You may also join this meeting by                  Fishing and Seafood Fraud
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  products derived from yellowfin tuna                    conference line and webinar. To join by               AGENCY:  National Marine Fisheries
                                                  harvested in the ETP by Spanish-flag                    phone, participants should dial 888–                  Service (NMFS), National Oceanic and
                                                  purse seine vessels or purse seine                      790–6085, passcode 1730793. To join by                Atmospheric Administration (NOAA),
                                                  vessels operating under Spanish                         webinar, each day of the meeting                      Commerce.
                                                  jurisdiction through March 31, 2015.                    requires a different Web address. On                  ACTION: Notice; request for comments.
                                                  Spain’s 5-year affirmative finding will                 May 19, participants can join Meeting
                                                  remain valid through March 31, 2015.                    ID: 544–685–613 at https://                           SUMMARY:The National Ocean Council
                                                                                                          global.gotomeeting.com/join/                          Committee on IUU Fishing and Seafood


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Document Created: 2018-02-21 10:14:59
Document Modified: 2018-02-21 10:14:59
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice; affirmative finding annual renewal.
DatesThe affirmative finding annual renewal is effective from April 1, 2014, through March 31, 2015.
ContactJustin Greenman, West Coast Region, National Marine Fisheries Service, 501 W. Ocean Blvd., Long Beach, CA 90802. Phone: 562-980-3264 Email: [email protected]
FR Citation80 FR 24245 
RIN Number0648-XD88

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