83 FR 24976 - 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		24976-24977
FR Document		2018-11654

The NMFS Assistant Administrator (Assistant Administrator) has issued affirmative finding annual renewals for the Governments of Ecuador, Guatemala, Mexico, Peru, and Spain (referred to hereafter as ``The Nations'') under the Marine Mammal Protection Act (MMPA). These affirmative-finding, annual renewals will continue to allow the 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 The Nations' jurisdiction or exported from The Nations. NMFS bases the affirmative finding annual renewals 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 83 Issue 105 (Thursday, May 31, 2018)

[Federal Register Volume 83, Number 105 (Thursday, May 31, 2018)]
[Notices]
[Pages 24976-24977]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11654]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XG228


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, 
Guatemala, Mexico, Peru, and Spain.

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SUMMARY: The NMFS Assistant Administrator (Assistant Administrator) has 
issued affirmative finding annual renewals for the Governments of 
Ecuador, Guatemala, Mexico, Peru, and Spain (referred to hereafter as 
``The Nations'') under the Marine Mammal Protection Act (MMPA). These 
affirmative-finding, annual renewals will continue to allow the 
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 The Nations' 
jurisdiction or exported from The Nations. NMFS bases the affirmative 
finding annual renewals 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, 2018, through March 31, 2019.

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: justin.greenman@noaa.gov.

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 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.

[[Page 24977]]

    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 purse seine vessels operating under The Nations' 
jurisdiction or exported from The Nations. Issuance of affirmative 
finding annual renewals for The Nations does not affect implementation 
of an intermediary nation embargo under 50 CFR 216.24(f)(9), which 
could apply to exports from The Nations. The affirmative finding annual 
renewals are for the one-year period of April 1, 2018, through March 
31, 2019.
    Peru's five-year affirmative finding will remain valid through 
March 31, 2022, 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: May 24, 2018.
Chris Oliver,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2018-11654 Filed 5-30-18; 8:45 am]
 BILLING CODE 3510-22-P

24976 Federal Register / Vol. 83, No. 105 / Thursday, May 31, 2018 / Notices

public and other Federal agencies to IV. Request for Comments reviews of documentary evidence
take this opportunity to comment on Comments are invited on: (a) Whether submitted by the Governments of The
proposed and/or continuing information the proposed collection of information Nations and by information obtained
collections, as required by the is necessary for the proper performance from the Inter-American Tropical Tuna
Paperwork Reduction Act of 1995. of the functions of the agency, including Commission (IATTC).
DATES: Written comments must be whether the information shall have DATES: These affirmative finding annual
submitted on or before July 30, 2018. practical utility; (b) the accuracy of the renewals are effective for the one-year
ADDRESSES: Direct all written comments agency’s estimate of the burden period of April 1, 2018, through March
to Jennifer Jessup, Departmental (including hours and cost) of the 31, 2019.
Paperwork Clearance Officer, proposed collection of information; (c) FOR FURTHER INFORMATION CONTACT:
Department of Commerce, Room 6616, ways to enhance the quality, utility, and Justin Greenman, West Coast Region,
14th and Constitution Avenue NW, clarity of the information to be National Marine Fisheries Service, 501
Washington, DC 20230 (or via the collected; and (d) ways to minimize the W. Ocean Blvd., Suite 4200, Long
internet at pracomments@doc.gov). burden of the collection of information Beach, CA 90802. Phone: 562–980–
FOR FURTHER INFORMATION CONTACT: on respondents, including through the 3264. Email: justin.greenman@noaa.gov.
Requests for additional information or use of automated collection techniques SUPPLEMENTARY INFORMATION: The
copies of the information collection or other forms of information MMPA, 16 U.S.C. 1361 et seq., allows
instrument and instructions should be technology. for importation into the United States of
directed to James McNitt at 301–817– Comments submitted in response to yellowfin tuna harvested by purse seine
3842 or james.mcnitt@noaa.gov. this notice will be summarized and/or vessels in the ETP under certain
SUPPLEMENTARY INFORMATION: included in the request for OMB conditions. If requested by the
approval of this information collection; harvesting nation, the Assistant
I. Abstract they also will become a matter of public Administrator will determine whether
This request is for an extension of a record. to make an affirmative finding based
currently approved information Dated: May 25, 2018. upon documentary evidence provided
collection. NOAA asks people who by the government of the harvesting
Sarah Brabson,
operate ground receiving stations that nation, the IATTC, or the Department of
receive data from NOAA satellites to NOAA PRA Clearance Officer.
State.
complete a questionnaire about the [FR Doc. 2018–11651 Filed 5–30–18; 8:45 am]
The affirmative finding process
types of data received, its use, the BILLING CODE 3510–HR–P
requires that the harvesting nation is
equipment involved, and similar meeting its obligations under the AIDCP
subjects. Members of NOAA’s Direct and its obligations of membership in the
Broadcast User Groups are asked follow- DEPARTMENT OF COMMERCE
IATTC. Every five years, the government
up questions. The data obtained are of the harvesting nation must request a
National Oceanic and Atmospheric
used by NOAA for short-term operations new affirmative finding and submit the
Administration
and long-term planning. Collection of required documentary evidence directly
this data assists us in complying with RIN 0648–XG228 to the Assistant Administrator. On an
the terms of our Memorandum of annual basis, NMFS reviews the
Understanding (MOU) with the World Taking and Importing of Marine
affirmative finding and determines
Meteorological Organization: United Mammals
whether the harvesting nation continues
States Department of Commerce, AGENCY: National Marine Fisheries to meet the requirements. A nation may
National Oceanic and Atmospheric Service (NMFS), National Oceanic and provide information related to
Administration (NOAA) on area of Atmospheric Administration (NOAA), compliance with AIDCP and IATTC
common interest (2008). Commerce. measures directly to NMFS on an
II. Method of Collection ACTION: Notice; affirmative finding annual basis or may authorize the
annual renewals for Ecuador, IATTC to release the information to
The information is collected via an NMFS to annually renew an affirmative
online questionnaire. Guatemala, Mexico, Peru, and Spain.
finding determination without an
III. Data SUMMARY: The NMFS Assistant application from the harvesting nation.
Administrator (Assistant Administrator) An affirmative finding will be
OMB Control Number: 0648–0227. has issued affirmative finding annual
Form Number: None. terminated, in consultation with the
Type of Review: Regular submission renewals for the Governments of Secretary of State, if the Assistant
(extension of a currently approved Ecuador, Guatemala, Mexico, Peru, and Administrator determines that the
information collection). Spain (referred to hereafter as ‘‘The requirements of 50 CFR 216.24(f) are no
Affected Public: Not-for-profit Nations’’) under the Marine Mammal longer being met or that a nation is
institutions; business or other for-profit Protection Act (MMPA). These consistently failing to take enforcement
organizations, individuals or affirmative-finding, annual renewals actions on violations, thereby
households; federal government; state, will continue to allow the importation diminishing the effectiveness of the
local or tribal Government. into the United States of yellowfin tuna AIDCP.
Estimated Number of Respondents: and yellowfin tuna products harvested As a part of the affirmative finding
300. in the eastern tropical Pacific Ocean process set forth in 50 CFR 216.24(f)(8),
amozie on DSK3GDR082PROD with NOTICES1

Estimated Time per Response: 5 (ETP) in compliance with the the Assistant Administrator considered
minutes. Agreement on the International Dolphin documentary evidence submitted by the
Estimated Total Annual Burden Conservation Program (AIDCP) by purse Governments of The Nations and
Hours: 25. seine vessels operating under The obtained from the IATTC and has
Estimated Total Annual Cost to Nations’ jurisdiction or exported from determined that The Nations have met
Public: $0 in capital and recordkeeping/ The Nations. NMFS bases the the MMPA’s requirements to receive
reporting costs. affirmative finding annual renewals on affirmative finding annual renewals.

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Federal Register / Vol. 83, No. 105 / Thursday, May 31, 2018 / Notices 24977

After consultation with the The Endangered Species Act of 1973 notice to OIRA_Submission@
Department of State, the Assistant (ESA; 16 U.S.C. 1531 et seq.) imposed omb.eop.gov or fax to (202) 395–5806.
Administrator issued affirmative finding prohibitions against the taking of Dated: May 24, 2018.
annual renewals to The Nations, endangered species. In 1982, Congress Sarah Brabson,
allowing the continued importation into revised the ESA to allow permits
NOAA PRA Clearance Officer.
the United States of yellowfin tuna and authorizing the taking of endangered
[FR Doc. 2018–11626 Filed 5–30–18; 8:45 am]
products derived from yellowfin tuna species incidental to otherwise lawful
harvested in the ETP by purse seine activities. The corresponding BILLING CODE 3510–22–P

vessels operating under The Nations’ regulations (50 CFR part 222.222)
jurisdiction or exported from The established procedures for persons to
DEPARTMENT OF COMMERCE
Nations. Issuance of affirmative finding apply for such a permit. In addition, the
annual renewals for The Nations does regulations set forth specific reporting National Oceanic and Atmospheric
not affect implementation of an requirements for such permit holders. Administration
intermediary nation embargo under 50 The regulations contain three sets of
CFR 216.24(f)(9), which could apply to information collections: (l) Applications RIN 0648–XF603
exports from The Nations. The for incidental take permits, (2)
affirmative finding annual renewals are Takes of Marine Mammals Incidental to
applications for certificates of inclusion,
for the one-year period of April 1, 2018, Specified Activities; Taking Marine
and (3) reporting requirements for
through March 31, 2019. Mammals Incidental to Casitas Pier
permits issued. Certificates of inclusion
Peru’s five-year affirmative finding Fender Pile Replacement
are only required if a general permit is
will remain valid through March 31, issued to a representative of a group of AGENCY: National Marine Fisheries
2022, and Ecuador, Guatemala, Mexico, potential permit applicants, rather than Service (NMFS), National Oceanic and
and Spain’s five-year affirmative requiring each entity to apply for and Atmospheric Administration (NOAA),
findings will remain valid through receive a permit. Commerce.
March 31, 2020, subject to subsequent The required information is used to ACTION: Notice; proposed revised
annual reviews by NMFS. evaluate the impacts of the proposed incidental harassment authorization;
Dated: May 24, 2018. activity on endangered species, to make request for comments.
Chris Oliver, the determinations required by the ESA
prior to issuing a permit, and to SUMMARY: NMFS has received a request
Assistant Administrator for Fisheries,
National Marine Fisheries Service. establish appropriate permit conditions. from Venoco, LLC, (Venoco) and
When a species is listed as threatened, Chevron USA, Inc., (Chevron) to
[FR Doc. 2018–11654 Filed 5–30–18; 8:45 am]
section 4(d) of the ESA requires the transfer, from Venoco to Chevron, a
BILLING CODE 3510–22–P
Secretary to issue whatever regulations Marine Mammal Protection Act
are deemed necessary or advisable to (MMPA) one-year Incidental
DEPARTMENT OF COMMERCE provide for conservation of the species. Harassment Authorization (IHA) to take
In many cases those regulations reflect marine mammals, by harassment,
National Oceanic and Atmospheric blanket application of the section 9 take incidental to the Casitas Pier Fender
Administration prohibition. However, the National Pile Replacement Project, following the
Marine Fisheries Service (NMFS) sale of Casitas Pier to Chevron. No other
Submission for OMB Review; recognizes certain exceptions to that changes are proposed. NMFS is inviting
Comment Request prohibition, including habitat comments on the proposed transfer of
restoration actions taken in accord with the Casitas Pier IHA to Chevron.
The Department of Commerce will
approved state watershed action plans. DATES: Comments and information must
submit to the Office of Management and
While watershed plans are prepared for be received no later than July 2, 2018.
Budget (OMB) for clearance the
other purposes in coordination with or ADDRESSES: Comments should be
following proposal for collection of
fulfillment of various state programs, a addressed to Jolie Harrison, Chief,
information under the provisions of the
watershed group wishing to take Permits and Conservation Division,
Paperwork Reduction Act.
Agency: National Oceanic and advantage of the exception for Office of Protected Resources, National
Atmospheric Administration (NOAA). restoration activities (rather than Marine Fisheries Service. Physical
Title: Permits for Incidental Taking of obtaining a section 10 permit) would comments should be sent to 1315 East-
Endangered or Threatened Species. have to submit the plan for NMFS West Highway, Silver Spring, MD 20910
OMB Control Number: 0648–0230. review. and electronic comments should be sent
Form Number(s): None. Affected Public: Individuals or to ITP.Young@noaa.gov.
Type of Request: Regular (extension of households; business or other for-profit; Instructions: NMFS is not responsible
a currently approved information not-for-profit institutions, and state, for comments sent by any other method,
collection). local, or tribal government. to any other address or individual, or
Number of Respondents: 48. Frequency: Annually and on occasion. received after the end of the comment
Average Hours per Response: 80 Respondent’s Obligation: Required to period. Comments received
hours for a permit application obtain or retain benefits. electronically, including all
(including Habitat Conservation Plans), This information collection request attachments, must not exceed a 25-
40 minutes for transfer of an incidental may be viewed at reginfo.gov. Follow megabyte file size. Attachments to
amozie on DSK3GDR082PROD with NOTICES1

take permit; 8 hours for a permit report, the instructions to view Department of electronic comments will be accepted in
30 minutes for a Certificate of Inclusion Commerce collections currently under Microsoft Word or Excel or Adobe PDF
and 10 hours for a watershed plan. review by OMB. file formats only. All comments
Burden Hours: 795. Written comments and received are a part of the public record
Needs and Uses: This request is for an recommendations for the proposed and will generally be posted online at
extension of a currently approved information collection should be sent https://www.fisheries.noaa.gov/node/
information collection. within 30 days of publication of this 23111 without change. All personal

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Document Created: 2018-05-31 00:48:30
Document Modified: 2018-05-31 00:48:30

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; affirmative finding annual renewals for Ecuador, Guatemala, Mexico, Peru, and Spain.
Dates		These affirmative finding annual renewals are effective for the one-year period of April 1, 2018, through March 31, 2019.
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 24976
RIN Number		0648-XG22

83 FR 24976 - 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