[Federal Register Volume 59, Number 64 (Monday, April 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7996]
[[Page Unknown]]
[Federal Register: April 4, 1994]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 216
[Docket No. 940260-4060; I.D. 021594G]
Taking and Importing of Marine Mammals
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of affirmative findings and finding of conformance.
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SUMMARY: The Assistant Administrator for Fisheries (AA), NMFS,
announces that Ecuador, Spain and Vanuatu have submitted acceptable
documentation to indicate that they continue to be in compliance with
the yellowfin tuna importation regulations for nations that harvest
yellowfin tuna in the eastern tropical Pacific Ocean (ETP). NMFS
announces that it has made the affirmative findings and findings of
conformance for these nations thus allowing the importation of
yellowfin tuna and yellowfin tuna products from these nations to
continue through December 31, 1994.
The AA also announces that Spain has submitted acceptable
documentation that it has not imported, during the preceding 6 months,
yellowfin tuna or yellowfin tuna products prohibited from direct export
to the United States. NMFS announces that it has made such affirmative
finding. This finding, in conjunction with renewal of the affirmative
finding for Spain as a harvesting nation, allows the importation of
yellowfin tuna and products derived from yellowfin tuna into the United
States from Spain through December 31, 1994.
DATES: These findings remain in effect until December 31, 1994, unless
revoked by the AA.
ADDRESSES: Questions regarding the primary and secondary embargoes
should be directed to Ms. Anneka W. Bane, Acting Director, Southwest
Region, NMFS, NOAA, 501 W. Ocean Blvd., suite 4200, Long Beach, CA
90802-4213. Telephone: 310-980-4000, Fax: 310 980-4018.
FOR FURTHER INFORMATION CONTACT: Ms. Anneka W. Bane, Acting Director,
Southwest Region, NMFS, 310-980-4001.
SUPPLEMENTARY INFORMATION: On November 18, 1992, NMFS published a final
rule (57 FR 54334) that established a provision for timely
consideration and making of an affirmative finding under the yellowfin
tuna import regulations for nations that prohibit their vessels from
intentionally setting on marine mammals in the course of harvesting
yellowfin tuna by purse seine in the ETP. With an affirmative finding,
yellowfin tuna and yellowfin tuna products from a harvesting nation can
be imported into the United States. The regulations, found at 50 CFR
216.24(e)(5) (viii) through (x), require that the AA announce and
publish the finding in the Federal Register.
On December 16, 1993, the AA, after consultation with the
Department of State, found that the Republic of Ecuador had provided
documentary evidence establishing that its regulatory program continues
to comply with the yellowfin tuna importation provisions of 50 CFR
216.24(e)(5) (viii) through (x). As a result of this affirmative
finding, yellowfin tuna and products from yellowfin tuna harvested by
Ecuadorian-flag purse seine vessels operating in the ETP, may be
imported into the United States through December 31, 1994.
On December 23, 1993, the AA, after consultation with the
Department of State, found that Spain had submitted documentary
evidence establishing that its regulatory program continues to comply
with the tuna importation provisions of 50 CFR 216.24(e)(5) (viii)
through (x). However, a secondary embargo on yellowfin tuna from Spain
as an intermediary nation had been in effect since January 31, 1991.
Yellowfin tuna harvested by Spanish-flag purse seine vessels could not
be imported into the United States until the secondary embargo on all
yellowfin tuna from Spain as an intermediary nation had been lifted.
On December 3, 1993, the AA, after consultation with the Department
of State, found that Spain had submitted acceptable documentary
evidence that it had not imported in the preceding 6 months, yellowfin
tuna or yellowfin tuna products prohibited from direct export to the
United States. As a result of this finding, the secondary embargo on
Spain as an intermediary nation was lifted, and yellowfin tuna and
products derived from yellowfin tuna harvested in the ETP by Spanish-
flag vessels can be imported into the United States through December
31, 1994.
The yellowfin tuna import regulations at 50 CFR 216.24.(e)(5) also
establish provisions for timely consideration and making of an
affirmative finding for nations whose vessels harvest yellowfin tuna in
the ETP by intentionally setting on marine mammals. These regulations
require that the government of the harvesting nation adopt a regulatory
program governing the incidental taking of marine mammals in the course
of such harvesting that is comparable to the regulatory program of the
United States; and that the average rate of incidental mortality by
vessels of the harvesting nation is comparable to the average rate of
incidental mortality of marine mammals by U.S. vessels in the course of
such harvesting. An affirmative finding under these regulations allows
importation into the United States of yellowfin tuna and products
derived from yellowfin tuna harvested in the ETP by purse seine vessels
greater than 400 short tons carrying capacity through December 31,
1994.
The AA reviewed the annual report submitted by the Republic of
Vanuatu as required by 50 CFR 216.24(e)(5)(iv), describing the
activities of the Vanuatu-flag purse seine fleet during the 1993
fishing year (October 1, 1992, through September 30, 1993). The review
resulted in a determination that the average rate of incidental taking
by Vanuatu-flag vessels was 0.80 times that of the U.S. fleet during
the same period (no more than 1.25 times that of U.S. vessels is
permitted), and that the percentage of the total mortality for eastern
spinner dolphin and coastal spotted dolphin is 6.50 and 6.15 percent,
respectively. (Percentages of no greater than 15.0 and 2.0 percent of
the total mortality are required.) Based on these data, a negative
finding was indicated because the number of incidental coastal spotted
dolphin mortalities exceeded 2.0 percent of the total mortality, and
NMFS was prepared to make such a finding.
However, Vanuatu authorized the Inter-American Tropical Tuna
Commission (IATTC) to provide observer data to NMFS for the 12-month
period December 1, 1992, through November 30, 1993, for reconsideration
by the AA. These data provided the information required by 50 CFR
216.24(e)(5)(vii). Submission of the most recent 12 months of data is
described by Sec. 216.24(e)(5)(vii)(A), for reconsideration of a
negative finding if the species composition rate was not acceptable for
the fishing year. The data provided for the December 1, 1992, through
November 30, 1993, period indicated that the mortality for eastern
spinner and coastal spotted dolphin comprised 4.08 and 0.54 percent of
the total mortality, respectively. An affirmative finding for Vanuatu
was indicated based on these data.
The overall, rather than a weighted, incidental kill-per-set (kps)
factor for Vanuatu was used to determine comparability for both periods
because the U.S. fleet had fewer than five sets in Fishing Area 3 on
common dolphins, an area and species grouping in which the Vanuatu
fleet made sets (50 CFR 216.24(e)(5)(v)(F)). Observers assigned by the
IATTC accompanied all fishing trips made by Vanuatu-flag purse seine
vessels in the ETP during the 1993 fishing season and during the 12-
month period submitted for reconsideration, as required by the Notice
of Determination published in the Federal Register on January 8, 1992
(57 FR 668). A complete list of Vanuatu-flag tuna purse seine vessels
over 400 short tons carrying capacity and their status during the two
periods has been submitted, as required by Sec. 216.24(e)(5)(ii)(B).
Therefore, based on the information described above, the AA, after
consultation with the Department of State, found that the average rate
of incidental taking of marine mammals by Vanuatu-flag vessels was
comparable to that of U.S.-flag vessels, and Vanuatu's regulatory
program governing the incidental taking of marine mammals in the course
of harvesting yellowfin tuna by purse seine in the ETP was comparable
to the regulatory program of the United States, as required by the tuna
importation provisions of 50 CFR 216.24(e). As a result of this
affirmative finding, yellowfin tuna and products derived from yellowfin
tuna harvested by Vanuatu-flag purse seine vessels operating in the ETP
may be imported into the United States through December 31, 1994.
At this time, primary embargoes banning the importation of
yellowfin tuna and products derived from yellowfin tuna harvested in
the ETP by purse seine vessels of Mexico, Colombia, Venezuela, and
Panama remain in effect. In addition, intermediary nation embargoes
banning the importation of all yellowfin tuna and yellowfin tuna
products from Costa Rica, Italy, and Japan remain in effect. Questions
regarding these primary and secondary embargoes should be directed to
the Director, Southwest Region, NMFS (See ADDRESSES).
Dated: March 23, 1994.
Nancy Foster,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 94-7996 Filed 4-1-94; 8:45 am]
BILLING CODE 3510-22-P
