83 FR 24974 - Taking and Importing of Marine Mammals

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 105 (May 31, 2018)

Page Range		24974-24975
FR Document		2018-11655

The NMFS Assistant Administrator (Assistant Administrator) has issued a five-year affirmative finding for the Government of El Salvador under the Marine Mammal Protection Act (MMPA). This affirmative finding will allow importation into the United States of 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 purse seine vessels operating under Salvadoran jurisdiction or exported from El Salvador. NMFS bases the affirmative finding determination on reviews of documentary evidence submitted by the Government of El Salvador and by information obtained from the Inter-American Tropical Tuna Commission (IATTC).

Federal Register, Volume 83 Issue 105 (Thursday, May 31, 2018)

[Federal Register Volume 83, Number 105 (Thursday, May 31, 2018)]
[Notices]
[Pages 24974-24975]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11655]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XG229


Taking and Importing of Marine Mammals

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

ACTION: Notice; five-year affirmative finding for El Salvador.

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SUMMARY: The NMFS Assistant Administrator (Assistant Administrator) has 
issued a five-year affirmative finding for the Government of El 
Salvador under the Marine Mammal Protection Act (MMPA). This 
affirmative finding will allow importation into the United States of 
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 purse seine 
vessels operating under Salvadoran jurisdiction or exported from El 
Salvador. NMFS bases the affirmative finding determination on reviews 
of documentary evidence submitted by the Government of El Salvador and 
by information obtained from the Inter-American Tropical Tuna 
Commission (IATTC).

DATES: This affirmative finding is effective for the five-year period 
of April 1, 2018, through March 31, 2023.

FOR FURTHER INFORMATION CONTACT: Justin Greenman, West Coast Region, 
National Marine Fisheries Service, 501 W. Ocean Blvd., Suite 4200, 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 meeting its obligations under the AIDCP and its 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 Government of El Salvador and obtained from 
the IATTC and has determined that El Salvador has met the MMPA's 
requirements to receive an affirmative finding.
    After consultation with the Department of State, the Assistant 
Administrator issued a five-year affirmative finding to El Salvador, 
allowing the importation into the United States of yellowfin tuna and

[[Page 24975]]

products derived from yellowfin tuna harvested in the ETP by purse 
seine vessels operating under Salvadoran jurisdiction or exported from 
El Salvador. Issuance of an affirmative finding for El Salvador does 
not affect implementation of an intermediary nation embargo under 50 
CFR 216.24(f)(9), which could apply to exports from El Salvador. El 
Salvador's affirmative finding is effective for the five-year period of 
April 1, 2018, through March 31, 2023, subject to subsequent annual 
reviews by NMFS.

    Dated: May 24, 2018.
Chris Oliver,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2018-11655 Filed 5-30-18; 8:45 am]
 BILLING CODE 3510-22-P

24974 Federal Register / Vol. 83, No. 105 / Thursday, May 31, 2018 / Notices

entering subject merchandise at the within 45 days if all parties agree to our DATES: This affirmative finding is
lower all-others cash deposit rate as preliminary finding. effective for the five-year period of April
opposed to the cash deposit rate 1, 2018, through March 31, 2023.
Notification to Interested Parties
applicable to HHI. Because we FOR FURTHER INFORMATION CONTACT:
preliminarily find that HEES is the This notice is published in Justin Greenman, West Coast Region,
successor-in-interest to HHI, we also accordance with sections 751(b)(1) of National Marine Fisheries Service, 501
preliminarily determine that, as a result the Act and 19 CFR 351.216(b), W. Ocean Blvd., Suite 4200, Long
of Hyundai’s business decision to spin 351.221(b) and 351.221(c)(3). Beach, CA 90802. Phone: 562–980–
off HEES and for HEES to enter subject Dated: May 24, 2018. 3264. Email: justin.greenman@noaa.gov.
merchandise as the manufacturer and/or Gary Taverman, SUPPLEMENTARY INFORMATION: The
exporter, the efficacy of the Order is Deputy Assistant Secretary for Antidumping MMPA, 16 U.S.C. 1361 et seq., allows
undermined, depriving the domestic and Countervailing Duty Operations, for importation into the United States of
industry of the full magnitude of the performing the non-exclusive functions and yellowfin tuna harvested by purse seine
remedy via the payment of appropriate duties of the Assistant Secretary for vessels in the ETP under certain
cash deposits applicable to HHI. Enforcement and Compliance. conditions. If requested by the
Therefore, to maintain the effectiveness harvesting nation, the Assistant
Appendix I
of the Order and to provide the adequate Administrator will determine whether
relief to the domestic industry, we List of Topics Discussed in the Preliminary
to make an affirmative finding based
preliminarily determine that the unique Decision Memorandum
upon documentary evidence provided
facts of this CCR warrant the retroactive I. Summary by the government of the harvesting
application of the cash deposit rate to II. Background
nation, the IATTC, or the Department of
the effective date of the first entry by III. Scope of the Order
IV. Successor-In-Interest Determination State.
HEES. If we continue to reach the same The affirmative finding process
determination at the final results of this V. Retroactive Application of HHI’s Cash
Deposit Rate to HEES requires that the harvesting nation is
CCR, we will instruct CBP to collect the VI. Recommendation meeting its obligations under the AIDCP
cash deposits accordingly. and its obligations of membership in the
[FR Doc. 2018–11713 Filed 5–30–18; 8:45 am]
Public Comment BILLING CODE 3510–DS–P
IATTC. Every five years, the government
of the harvesting nation must request a
Pursuant to 19 CFR 351.310(c), any new affirmative finding and submit the
interested party may request a hearing required documentary evidence directly
DEPARTMENT OF COMMERCE
within 30 days of publication of this to the Assistant Administrator. On an
notice in the Federal Register. In National Oceanic and Atmospheric annual basis, NMFS reviews the
accordance with 19 CFR Administration affirmative finding and determines
351.309(c)(1)(ii), interested parties may whether the harvesting nation continues
submit case briefs not later than 30 days RIN 0648–XG229
to meet the requirements. A nation may
after the date of publication of this provide information related to
notice. Rebuttal briefs, limited to issues Taking and Importing of Marine
Mammals compliance with AIDCP and IATTC
raised in the case briefs, may be filed no measures directly to NMFS on an
later than five days after the case briefs, AGENCY: National Marine Fisheries annual basis or may authorize the
in accordance with 19 CFR 351.309(d). Service (NMFS), National Oceanic and IATTC to release the information to
Parties who submit case or rebuttal Atmospheric Administration (NOAA), NMFS to annually renew an affirmative
briefs are encouraged to submit with Commerce. finding determination without an
each argument: (1) A statement of the application from the harvesting nation.
ACTION: Notice; five-year affirmative
issue; (2) a brief summary of the An affirmative finding will be
finding for El Salvador.
argument; and (3) a table of authorities. terminated, in consultation with the
All comments are to be filed SUMMARY: The NMFS Assistant Secretary of State, if the Assistant
electronically via Enforcement and Administrator (Assistant Administrator) Administrator determines that the
Compliance’s Antidumping and has issued a five-year affirmative requirements of 50 CFR 216.24(f) are no
Countervailing Duty Centralized finding for the Government of El longer being met or that a nation is
Electronic Service System (ACCESS) Salvador under the Marine Mammal consistently failing to take enforcement
and must also be served on interested Protection Act (MMPA). This actions on violations, thereby
parties. Access to ACCESS is available affirmative finding will allow diminishing the effectiveness of the
to registered users at http:// importation into the United States of AIDCP.
access.trade.gov and is available to all yellowfin tuna and yellowfin tuna As a part of the affirmative finding
parties in the Central Records Unit, products harvested in the eastern process set forth in 50 CFR 216.24(f)(8),
Room B8024 of the main Department of tropical Pacific Ocean (ETP) in the Assistant Administrator considered
Commerce building. An electronically compliance with the Agreement on the documentary evidence submitted by the
filed document must be received International Dolphin Conservation Government of El Salvador and obtained
successfully in its entirety by ACCESS Program (AIDCP) by purse seine vessels from the IATTC and has determined
by 5:00 p.m. Eastern Time on the day on operating under Salvadoran jurisdiction that El Salvador has met the MMPA’s
which it is due.6 or exported from El Salvador. NMFS requirements to receive an affirmative
amozie on DSK3GDR082PROD with NOTICES1

Consistent with 19 CFR 351.216(e), bases the affirmative finding finding.
we will intend to issue the final results determination on reviews of After consultation with the
of this changed circumstances review no documentary evidence submitted by the Department of State, the Assistant
later than 270 days after the date on Government of El Salvador and by Administrator issued a five-year
which this review was initiated, or information obtained from the Inter- affirmative finding to El Salvador,
American Tropical Tuna Commission allowing the importation into the
6 See 19 CFR 351.303(b). (IATTC). United States of yellowfin tuna and

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Document Created: 2018-05-31 00:49:19
Document Modified: 2018-05-31 00:49:19

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice; five-year affirmative finding for El Salvador.
Dates		This affirmative finding is effective for the five-year period of April 1, 2018, through March 31, 2023.
Contact		Justin Greenman, West Coast Region, National Marine Fisheries Service, 501 W. Ocean Blvd., Suite 4200, Long Beach, CA 90802. Phone: 562-980-3264. Email: [email protected]
FR Citation		83 FR 24974
RIN Number		0648-XG22

83 FR 24974 - Taking and Importing of Marine Mammals

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 105 (May 31, 2018)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration