[Federal Register Volume 76, Number 17 (Wednesday, January 26, 2011)]
[Notices]
[Page 4641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-1631]
[[Page 4641]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XA141
Taking and Importing of Marine Mammals
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; affirmative finding issuance.
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SUMMARY: The Assistant Administrator for Fisheries, NMFS, (Assistant
Administrator) has issued a 5-year affirmative finding for the
Government of Guatemala under the Marine Mammal Protection Act (MMPA).
This affirmative finding will allow yellowfin tuna harvested in the
eastern tropical Pacific Ocean (ETP) in compliance with the
International Dolphin Conservation Program (IDCP) by Guatemalan-flag
purse seine vessels or purse seine vessels operating under Guatemalan
jurisdiction to be imported into the United States. The affirmative
finding was based on review of documentary evidence submitted by the
Government of Guatemala and obtained from the Inter-American Tropical
Tuna Commission (IATTC) and the U.S. Department of State.
DATES: The affirmative finding is effective from April 1, 2010 through
March 31, 2015.
FOR FURTHER INFORMATION CONTACT: Sarah Wilkin, Southwest Region, NMFS,
501 West Ocean Boulevard, Suite 4200, Long Beach, CA 90802-4213; phone
562-980-3230; fax 562-980-4027.
SUPPLEMENTARY INFORMATION: The MMPA, 16 U.S.C. 1361 et seq., allows the
entry 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 an affirmative finding and submit the required documentary
evidence directly to the Assistant Administrator. On an annual basis,
NMFS will review the affirmative finding and determine 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 Guatemala and obtained from the IATTC
and the Department of State and has determined that Guatemala has met
the MMPA's requirements to receive an affirmative finding.
After consultation with the Department of State, the Assistant
Administrator issued the Republic of Guatemala a 5-year affirmative
finding, allowing the continued importation into the United States of
yellowfin tuna and products derived from yellowfin tuna harvested in
the ETP by Guatemalan-flag purse seine vessels or purse seine vessels
operating under Guatemalan jurisdiction. This affirmative finding for
Guatemala will remain valid through March 31, 2015.
Dated: January 20, 2010.
Eric C. Schwaab,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 2011-1631 Filed 1-25-11; 8:45 am]
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