[Federal Register Volume 79, Number 22 (Monday, February 3, 2014)]
[Notices]
[Page 6178]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-02181]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XD090


Taking and Importing of Marine Mammals

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

ACTION: Notice; affirmative finding annual renewal.

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SUMMARY: The Assistant Administrator for Fisheries, NMFS, (Assistant 
Administrator) has issued an affirmative finding annual renewal for the 
Government of Spain under the Marine Mammal Protection Act (MMPA). This 
affirmative finding annual renewal will allow yellowfin tuna and 
yellowfin tuna products harvested in the eastern tropical Pacific Ocean 
(ETP) in compliance with the International Dolphin Conservation Program 
(IDCP) by Spanish-flag purse seine vessels or purse seine vessels 
operating under Spanish jurisdiction to be imported into the United 
States. The affirmative finding annual renewal was based on review of 
documentary evidence submitted by the Government of Spain and obtained 
from the Inter-American Tropical Tuna Commission (IATTC).

DATES: The affirmative finding annual renewal is effective from April 
1, 2013, through March 31, 2014.

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 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 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 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 Spain and obtained from the IATTC and 
has determined that Spain has met the MMPA's requirements to receive an 
affirmative finding annual renewal.
    After consultation with the Department of State, the Assistant 
Administrator issued an affirmative finding annual renewal to Spain, 
allowing the continued importation into the United States of yellowfin 
tuna and products derived from yellowfin tuna harvested in the ETP by 
Spanish-flag purse seine vessels or purse seine vessels operating under 
Spanish jurisdiction through March 31, 2014. Spain's five-year 
affirmative finding will remain valid through March 31, 2015, subject 
to subsequent annual reviews by NMFS.

    Dated: January 24, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, performing the 
functions and duties of the Assistant Administrator for Fisheries.
[FR Doc. 2014-02181 Filed 1-31-14; 8:45 am]
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