81_FR_86164 81 FR 85935 - Taking and Importing of Marine Mammals

81 FR 85935 - Taking and Importing of Marine Mammals

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 229 (November 29, 2016)

Page Range85935-85936
FR Document2016-28731

The NMFS Assistant Administrator (Assistant Administrator) has issued affirmative finding annual renewals for the Governments of Ecuador, El Salvador, Guatemala, Mexico, and Spain (Hereafter known as ``The Nations'') under the Marine Mammal Protection Act (MMPA). These affirmative finding annual renewals will allow yellowfin tuna and yellowfin tuna products harvested in the eastern tropical Pacific Ocean (ETP) in compliance with the Agreement on the International Dolphin Conservation Program (AIDCP) by The Nations' flagged purse seine vessels or purse seine vessels operating under The Nations' jurisdiction to be imported into the United States. The affirmative finding annual renewals were based on reviews of documentary evidence submitted by the Governments of The Nations and by information obtained from the Inter-American Tropical Tuna Commission (IATTC).

Federal Register, Volume 81 Issue 229 (Tuesday, November 29, 2016)
[Federal Register Volume 81, Number 229 (Tuesday, November 29, 2016)]
[Notices]
[Pages 85935-85936]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-28731]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF029


Taking and Importing of Marine Mammals

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

ACTION: Notice; affirmative finding annual renewals for Ecuador, El 
Salvador, Guatemala, Mexico, and Spain.

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SUMMARY: The NMFS Assistant Administrator (Assistant Administrator) has 
issued affirmative finding annual renewals for the Governments of 
Ecuador, El Salvador, Guatemala, Mexico, and Spain (Hereafter known as 
``The Nations'') under the Marine Mammal Protection Act (MMPA). These 
affirmative finding annual renewals will allow yellowfin tuna and 
yellowfin tuna products harvested in the eastern tropical Pacific Ocean 
(ETP) in compliance with the Agreement on the International Dolphin 
Conservation Program (AIDCP) by The Nations' flagged purse seine 
vessels or purse seine vessels operating under The Nations' 
jurisdiction to be imported into the United States. The affirmative 
finding annual renewals were based on reviews of documentary evidence 
submitted by the Governments of The Nations and by information obtained 
from the Inter-American Tropical Tuna Commission (IATTC).

DATES: These affirmative finding annual renewals are effective for the 
one-year period of April 1, 2016, through March 31, 2017.

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 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

[[Page 85936]]

meeting its obligations under the AIDCP and obligations of membership 
in the IATTC. Every five 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 AIDCP 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 AIDCP.
    As a part of the affirmative finding process set forth in 50 CFR 
216.24(f)(8), the Assistant Administrator considered documentary 
evidence submitted by the governments of The Nations and obtained from 
the IATTC, and has determined that The Nations have met the MMPA's 
requirements to receive affirmative finding annual renewals.
    After consultation with the Department of State, the Assistant 
Administrator issued affirmative finding annual renewals to The 
Nations, allowing the continued importation into the United States of 
yellowfin tuna and products derived from yellowfin tuna harvested in 
the ETP by The Nations' flagged purse seine vessels or purse seine 
vessels operating under The Nations' jurisdiction for the one-year 
period of April 1, 2016, through March 31, 2017.
    El Salvador's five-year affirmative finding will remain valid 
through March 31, 2018 and Ecuador, Guatemala, Mexico, and Spain's 
five-year affirmative findings will remain valid through March 31, 
2020, subject to subsequent annual reviews by NMFS.

    Dated: November 23, 2016.
Eileen Sobeck,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2016-28731 Filed 11-28-16; 8:45 am]
 BILLING CODE 3510-22-P



                                                                               Federal Register / Vol. 81, No. 229 / Tuesday, November 29, 2016 / Notices                                          85935

                                                    and will be subject to the ethical                      ACTION:Notice of a change to a public                 DEPARTMENT OF COMMERCE
                                                    standards applicable to SGEs. Members                   meeting notice.
                                                    are reimbursed for actual and reasonable                                                                      National Oceanic and Atmospheric
                                                    expenses incurred in performing such                    SUMMARY:   The Western Pacific Fishery                Administration
                                                    duties but will not be reimbursed for                   Management Council (Council)                          RIN 0648–XF029
                                                    their time. All OEAB members serve at                   announces a change in location for its
                                                    the discretion of the Under Secretary.                  Hilo, HI public meetings and scoping                  Taking and Importing of Marine
                                                      The OEAB meets three to four times                    sessions to discuss fishery management                Mammals
                                                    each year, exclusive of subcommittee,                   regulations for the Monument Expanded
                                                    task force, and working group meetings.                                                                       AGENCY:  National Marine Fisheries
                                                                                                            Area in the Northwestern Hawaiian                     Service (NMFS), National Oceanic and
                                                      As a Federal Advisory Committee, the                  Islands.
                                                    OEAB’s membership is required to be                                                                           Atmospheric Administration (NOAA),
                                                    balanced in terms of viewpoints                         DATES:  The Council will hold meetings                Commerce.
                                                    represented and the functions to be                     in Hilo, HI on Tuesday, December 6,                   ACTION: Notice; affirmative finding
                                                    performed as well as including the                      2016, between 6 p.m. and 9 p.m. All                   annual renewals for Ecuador, El
                                                    interests of geographic regions of the                  times listed are local island times. For              Salvador, Guatemala, Mexico, and
                                                    country and the diverse sectors of our                  specific times and agendas, see                       Spain.
                                                    society.                                                SUPPLEMENTARY INFORMATION.
                                                      For more information about the                                                                              SUMMARY:   The NMFS Assistant
                                                    OEAB, please visit oeab.noaa.gov.                       ADDRESSES:   The Hilo meeting will be                 Administrator (Assistant Administrator)
                                                                                                            held at the University of Hawaii at Hilo,             has issued affirmative finding annual
                                                    OER BACKGROUND: NOAA’s Office of
                                                                                                            Edith Kanakaole Hall Room 126, 200 W                  renewals for the Governments of
                                                    Ocean Exploration and Research is part                                                                        Ecuador, El Salvador, Guatemala,
                                                    of the NOAA Office of Ocean                             Kawili St, Hilo, HI 96720.
                                                                                                                                                                  Mexico, and Spain (Hereafter known as
                                                    Exploration and Research. OER’s                         FOR FURTHER INFORMATION CONTACT:                      ‘‘The Nations’’) under the Marine
                                                    mission is to explore the ocean for                     Kitty M. Simonds, Executive Director,                 Mammal Protection Act (MMPA). These
                                                    national benefit.                                       Western Pacific Fishery Management                    affirmative finding annual renewals will
                                                      OER:                                                  Council; telephone: (808) 522–8220.                   allow yellowfin tuna and yellowfin tuna
                                                      e. Explores the ocean to make                                                                               products harvested in the eastern
                                                    discoveries of scientific, economic, and                SUPPLEMENTARY INFORMATION:     The
                                                                                                            original notice published in the Federal              tropical Pacific Ocean (ETP) in
                                                    cultural value, with priority given to the                                                                    compliance with the Agreement on the
                                                    U.S. Exclusive Economic Zone and                        Register on November 21, 2016 (81 FR
                                                                                                            83204). The location of the meeting was               International Dolphin Conservation
                                                    Extended Continental Shelf;                                                                                   Program (AIDCP) by The Nations’
                                                      f. Promotes technological innovation                  changed from the previous notice. The
                                                                                                            agenda has not changed and public                     flagged purse seine vessels or purse
                                                    to advance ocean exploration;                                                                                 seine vessels operating under The
                                                      g. Provides public access to data and                 scoping and comment periods will be
                                                                                                            provided in the agenda. The order in                  Nations’ jurisdiction to be imported into
                                                    information;                                                                                                  the United States. The affirmative
                                                      h. Encourages the next generation of                  which agenda items are addressed may
                                                                                                                                                                  finding annual renewals were based on
                                                    ocean explorers, scientists, and                        change. The meetings will run as late as
                                                                                                                                                                  reviews of documentary evidence
                                                    engineers; and,                                         necessary to complete scheduled
                                                                                                                                                                  submitted by the Governments of The
                                                      i. Expands the national ocean                         business.
                                                                                                                                                                  Nations and by information obtained
                                                    exploration program through                                                                                   from the Inter-American Tropical Tuna
                                                                                                            Schedule and Agenda for All Meetings
                                                    partnerships.                                                                                                 Commission (IATTC).
                                                      For more information about the Office                 1. Visit Informational Booths
                                                    of Ocean Exploration and Research                                                                             DATES: These affirmative finding annual
                                                    please visit oceanexplorer.noaa.gov.                    2. Informational Briefing on Presidential             renewals are effective for the one-year
                                                                                                               Proclamation, Council Role in Rule-                period of April 1, 2016, through March
                                                      Dated: November 21, 2016.                                making Process, Data Discovery                     31, 2017.
                                                    Jason Donaldson,
                                                                                                            3. Public Comment/Scoping Session                     FOR FURTHER INFORMATION CONTACT:
                                                    Chief Financial Officer and Chief                                                                             Justin Greenman, West Coast Region,
                                                    Administrative Officer, Office of Oceanic and           4. Adjourn
                                                                                                                                                                  National Marine Fisheries Service, 501
                                                    Atmospheric Research, National Oceanic and
                                                    Atmospheric Administration.                             Special Accommodations                                W. Ocean Blvd., Long Beach, CA 90802.
                                                                                                                                                                  Phone: 562–980–3264. Email:
                                                    [FR Doc. 2016–28594 Filed 11–28–16; 8:45 am]              These meetings are physically                       justin.greenman@noaa.gov.
                                                    BILLING CODE 3510–KA–P                                  accessible to people with disabilities.
                                                                                                                                                                  SUPPLEMENTARY INFORMATION: The
                                                                                                            Requests for sign language                            MMPA, 16 U.S.C. 1361 et seq., allows
                                                                                                            interpretation or other auxiliary aids                for importation into the United States of
                                                    DEPARTMENT OF COMMERCE                                  should be directed to Kitty M. Simonds,               yellowfin tuna harvested by purse seine
                                                    National Oceanic and Atmospheric                        (808) 522–8220 (voice) or (808) 522–                  vessels in the ETP under certain
                                                    Administration                                          8226 (fax), at least 5 days prior to the              conditions. If requested by the
                                                                                                            meeting date.                                         harvesting nation, the Assistant
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                                                    RIN 0648–XF052
                                                                                                              Authority: 16 U.S.C. 1801 et seq.                   Administrator will determine whether
                                                    Western Pacific Fishery Management                        Dated: November 22, 2016.
                                                                                                                                                                  to make an affirmative finding based
                                                    Council; Public Meeting; Correction                                                                           upon documentary evidence provided
                                                                                                            Tracey L. Thompson,                                   by the government of the harvesting
                                                    AGENCY:  National Marine Fisheries                      Acting Deputy Director, Office of Sustainable         nation, the IATTC, or the Department of
                                                    Service (NMFS), National Oceanic and                    Fisheries, National Marine Fisheries Service.         State.
                                                    Atmospheric Administration (NOAA),                      [FR Doc. 2016–28614 Filed 11–28–16; 8:45 am]             The affirmative finding process
                                                    Commerce.                                               BILLING CODE 3510–22–P                                requires that the harvesting nation is


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                                                    85936                      Federal Register / Vol. 81, No. 229 / Tuesday, November 29, 2016 / Notices

                                                    meeting its obligations under the AIDCP                 DEPARTMENT OF COMMERCE                                ADDRESSES:    Requests for copies of the
                                                    and obligations of membership in the                                                                          Draft EA should be sent to Rebecca Hoff
                                                    IATTC. Every five years, the government                 National Oceanic and Atmospheric                      of NOAA at 7600 Sand Point Way NE.,
                                                    of the harvesting nation must request a                 Administration                                        DARC Building 1, Seattle, WA 98115 or
                                                    new affirmative finding and submit the                                                                        by email: Rebecca.Hoff@noaa.gov. The
                                                                                                            RIN 0648–XF025
                                                    required documentary evidence directly                                                                        Draft EA is also available for
                                                    to the Assistant Administrator. On an                   Notice of Availability of a Draft                     downloading at http://bit.ly/2fJlE8G.
                                                    annual basis, NMFS reviews the                          Environmental Assessment for the                      Comments on this plan are to be sent in
                                                    affirmative finding and determines                      Bluefield Holdings, Inc. Site 2                       writing to Rebecca Hoff of NOAA. These
                                                    whether the harvesting nation continues                 Shoreline Restoration Project Credit                  written comments may be submitted
                                                    to meet the requirements. A nation may                  Purchase                                              either by mail at the address provided
                                                    provide information related to                                                                                above; by fax to 206–526–6665, or by
                                                                                                            AGENCY:  National Marine Fisheries                    email to Rebecca.Hoff@noaa.gov.
                                                    compliance with AIDCP and IATTC                         Service (NMFS); National Oceanic and                  FOR FURTHER INFORMATION CONTACT:
                                                    measures directly to NMFS on an                         Atmospheric Administration (NOAA),
                                                    annual basis or may authorize the                                                                             Rebecca Hoff, at 206–526–6276, or
                                                                                                            Commerce.                                             email: Rebecca.Hoff@noaa.gov.
                                                    IATTC to release the information to
                                                                                                            ACTION: Notice of availability of a Draft             SUPPLEMENTARY INFORMATION: The LDR
                                                    NMFS to annually renew an affirmative                   Environmental Assessment; request for
                                                    finding determination without an                                                                              is the estuarine portion of the
                                                                                                            comments.                                             Duwamish River, and starts from the
                                                    application from the harvesting nation.
                                                                                                                                                                  mouth at the East and West Waterways
                                                       An affirmative finding will be                       SUMMARY:    Notice is hereby given that a
                                                                                                                                                                  on both sides of Harbor Island at
                                                    terminated, in consultation with the                    document entitled, ‘‘Draft
                                                                                                                                                                  Seattle’s Elliott Bay and ends at the
                                                    Secretary of State, if the Assistant                    Environmental Assessment for the
                                                                                                                                                                  natural rock formation commonly
                                                    Administrator determines that the                       Bluefield Holdings, Inc. Site 2 Shoreline
                                                                                                                                                                  known as North Winds Weir
                                                    requirements of 50 CFR 216.24(f) are no                 Restoration Project Credits Purchase’’
                                                                                                                                                                  (approximately 7 miles), in central
                                                                                                            (Draft EA) is available for public review
                                                    longer being met or that a nation is                                                                          Puget Sound. Historic operations of
                                                                                                            and comment. This document has been
                                                    consistently failing to take enforcement                                                                      various entities resulted in releases of
                                                                                                            prepared by the state, tribal, and Federal
                                                    actions on violations, thereby                                                                                hazardous substances, such as
                                                                                                            natural resource trustee agencies (the
                                                    diminishing the effectiveness of the                                                                          polynuclear aromatic hydrocarbons
                                                                                                            ‘‘Trustees’’)—NOAA, United States Fish
                                                    AIDCP.                                                                                                        (PAHs), polychlorinated biphenyls
                                                                                                            & Wildlife Service (USFWS) acting on
                                                       As a part of the affirmative finding                                                                       (PCBs), heavy metals, and other
                                                                                                            behalf of the U.S. Department of the
                                                                                                                                                                  hazardous compounds, into the LDR.
                                                    process set forth in 50 CFR 216.24(f)(8),               Interior (DOI), Washington Department
                                                                                                                                                                     The RP/PEIS describes the type of
                                                    the Assistant Administrator considered                  of Ecology (as lead State trustee),
                                                                                                                                                                  restoration that the Trustees believe
                                                    documentary evidence submitted by the                   Washington Department of Fish and
                                                                                                                                                                  would be most effective in addressing
                                                    governments of The Nations and                          Wildlife, Muckleshoot Indian Tribe, and
                                                                                                                                                                  the injuries in the LDR resulting from
                                                    obtained from the IATTC, and has                        the Suquamish Tribe—to evaluate
                                                                                                                                                                  releases of hazardous substances—
                                                    determined that The Nations have met                    potential impacts to the environment
                                                                                                                                                                  Integrated Habitat Restoration. The Site
                                                    the MMPA’s requirements to receive                      from purchasing 30 credits in the
                                                                                                                                                                  2 project will create the full suite of
                                                    affirmative finding annual renewals.                    Bluefield Holdings, Inc. Site 2 Shoreline
                                                                                                                                                                  habitats identified in the Integrated
                                                                                                            Restoration Project (Site 2). The
                                                       After consultation with the                                                                                Habitat Restoration approach, and is
                                                                                                            proposed credits purchase in the Site 2
                                                    Department of State, the Assistant                                                                            consistent with the description of
                                                                                                            project is a component of the overall
                                                    Administrator issued affirmative finding                                                                      projects and project impacts discussed
                                                                                                            effort to restore natural resources and
                                                    annual renewals to The Nations,                                                                               in the RP/PEIS. The Draft EA released
                                                                                                            resource services that have been injured
                                                    allowing the continued importation into                                                                       today identifies the Trustees’ proposed
                                                                                                            and lost resulting from releases of
                                                    the United States of yellowfin tuna and                                                                       use of some of the settlement funds to
                                                                                                            hazardous substances into the Lower
                                                    products derived from yellowfin tuna                                                                          purchase restoration credits sufficient to
                                                                                                            Duwamish River (LDR). This draft EA is
                                                    harvested in the ETP by The Nations’                                                                          allow Bluefield Holdings to begin
                                                                                                            tiered from the June 2013 Final LDR
                                                    flagged purse seine vessels or purse                                                                          implementing the Site 2 project. The
                                                                                                            NRDA Restoration Plan and
                                                    seine vessels operating under The                                                                             Site 2 project will create and/or
                                                                                                            Programmatic Environmental Impact
                                                                                                                                                                  rehabilitate shallow subtidal habitat,
                                                    Nations’ jurisdiction for the one-year                  Statement (RP/EIS). The EA describes
                                                                                                                                                                  intertidal mudflat habitat, marsh
                                                    period of April 1, 2016, through March                  the Trustees’ proposed plan to purchase
                                                                                                                                                                  habitat, and riparian habitat.
                                                    31, 2017.                                               30 credits in the Site 2 project. The                    In undertaking this NRDA restoration
                                                       El Salvador’s five-year affirmative                  purchase would utilize a portion of the               effort and in releasing this Draft EA, the
                                                    finding will remain valid through March                 funds provided to the Trustees from the               Trustees are acting in accordance with
                                                    31, 2018 and Ecuador, Guatemala,                        Pacific Sound Resources settlement                    their designation and authorities under
                                                    Mexico, and Spain’s five-year                           (United States et al. v. Pacific Sound                section 107(f) of the Comprehensive
                                                    affirmative findings will remain valid                  Resources et al., Civ. No. C94–687 (W.D.              Environmental Response,
                                                    through March 31, 2020, subject to                      Wash. Aug. 29, 1994)). The Trustees                   Compensation, and Liability Act
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                            may only use these funds for restoration              (CERCLA), 42 U.S.C. 9607(f) of the
                                                    subsequent annual reviews by NMFS.
                                                                                                            purposes. The Trustees will consider                  Federal Water Pollution and Control Act
                                                      Dated: November 23, 2016.                             comments received during the public                   (FWPCA), 33 U.S.C. 1321, Subpart G of
                                                    Eileen Sobeck,                                          comment period before finalizing this                 the National Oil and Hazardous
                                                    Assistant Administrator for Fisheries,                  EA.                                                   Substances Pollution Contingency Plan
                                                    National Marine Fisheries Service.                      DATES:Comments on the Draft EA must                   (NCP), 40 CFR 300.600 through 300.615,
                                                    [FR Doc. 2016–28731 Filed 11–28–16; 8:45 am]            be submitted in writing on or before                  and regulations at 43 CFR part 11,
                                                    BILLING CODE 3510–22–P                                  December 27, 2016.                                    which are applicable to natural resource


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Document Created: 2016-11-29 00:33:17
Document Modified: 2016-11-29 00:33:17
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 renewals for Ecuador, El Salvador, Guatemala, Mexico, and Spain.
DatesThese affirmative finding annual renewals are effective for the one-year period of April 1, 2016, through March 31, 2017.
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 Citation81 FR 85935 
RIN Number0648-XF02

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