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)

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, 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