Taking and Importing of Marine Mammals

AGENCY:

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

ACTION:

Notice; 2023 affirmative finding annual renewals for Colombia, Ecuador, Guatemala, Mexico, Peru, and Spain.

SUMMARY:

This provides notice that on June 5, 2023, the NMFS Assistant Administrator (Assistant Administrator) completed an affirmative finding annual renewal for the Governments of Colombia, Ecuador, Guatemala, Mexico, Peru and Spain (referred to hereafter as “The Nations”) under the portions of the Marine Mammal Protection Act (MMPA) related to the eastern tropical Pacific Ocean (ETP) tuna purse seine fishery and the importation of yellowfin tuna from nations participating in this fishery. These affirmative findings allowed for the importation into the United States of yellowfin tuna and yellowfin tuna products harvested in the ETP from April 1, 2023, through March 31, 2024, 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 based the affirmative finding annual renewals on reviews of documentary evidence submitted by the Governments of The Nations and of information obtained from the Inter-American Tropical Tuna Commission (IATTC). NMFS typically publishes notice of affirmative finding annual renewals shortly after the Assistant Administrator makes those findings; however, due to an oversight, this notice was not published in 2023, and is therefore being published now to provide the public with notice of the findings.

DATES:

These affirmative finding annual renewals were effective for the 1-year period of April 1, 2023, through March 31, 2024.

FOR FURTHER INFORMATION CONTACT:

Justin Greenman, West Coast Region, NMFS, by mail: 501 W Ocean Blvd., Suite 4200, Long Beach, CA 90802, email: justin.greenman@noaa.gov, or phone: (562) 980-3264.

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 from a nation with jurisdiction over purse seine vessels with carrying capacity greater than 400 short tons that harvest tuna in the ETP only if the nation has an “affirmative finding” issued by the NMFS Assistant Administrator. See section 101(a)(2)(B) of the MMPA, 16 U.S.C. 1371(a)(2)(B); see also 50 CFR 216.24(f)(6)(i). If requested by the Government of such a nation, the Assistant Administrator will determine whether to make an affirmative finding based upon documentary evidence provided by the Government, 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 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 must determine whether the harvesting nation continues to meet the requirements of their 5-year affirmative finding. NMFS does this by annually reviewing the documentary evidence from the previous year. 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), for this annual renewal, the Assistant Administrator considered documentary evidence submitted by the Governments of The Nations and obtained from the IATTC and determined that The Nations met the MMPA's requirements to receive affirmative finding annual renewals.

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 applies to exports from a nation that exports to the United States yellowfin tuna or yellowfin tuna products that was subject to a ban on importation into the United States under section 101(a)(2)(B) of the MMPA, 16 U.S.C. 1371(a)(2)(B).

These affirmative finding annual renewals for The Nations were for the 1-year period of April 1, 2023, through March 31, 2024. The Nations' individual 5-year affirmative findings, which have varying start and end dates, remain valid, subject to subsequent annual reviews by NMFS. Peru's 5-year affirmative findings will remain valid through March 31, 2027. Ecuador, Guatemala, Mexico, and Spain's 5-year affirmative findings will remain valid through March 31, 2025. Colombia had a 5-year affirmative finding that was valid through March 31, 2024, and was renewed on May 22, 2024, for the period of April 1, 2024, through March 31, 2029.