Billing Code 3510-22-P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XE053]
Taking and Importing of Marine Mammals
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; new 5-year affirmative finding for El Salvador from 2023.
SUMMARY: This provides notice that on June 5, 2023, the NMFS Assistant
Administrator (Assistant Administrator) issued a new 5-year affirmative finding for the
Government of El Salvador 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. This
affirmative finding allows for the importation into the United States of yellowfin tuna and
yellowfin tuna products harvested in the ETP, in compliance with the Agreement on the
International Dolphin Conservation Program (AIDCP), by purse seine vessels operating
under El Salvador’s jurisdiction or exported from El Salvador. NMFS based the
affirmative finding determination on reviews of documentary evidence submitted by the
Government of El Salvador and of information obtained from the Inter-American
Tropical Tuna Commission (IATTC). NMFS typically publishes notice of new
affirmative findings 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 finding.
DATES: This new affirmative finding is effective for the 5-year period of April 1, 2023,
through March 31, 2028.
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), the
Assistant Administrator considered documentary evidence submitted by the Government
of El Salvador and obtained from the IATTC and determined that El Salvador met the
MMPA’s requirements to receive a new 5-year affirmative finding.
After consultation with the Department of State, the Assistant Administrator
issued a new 5-year affirmative finding to El Salvador, allowing the importation into the
United States of yellowfin tuna and products derived from yellowfin tuna harvested in the
ETP by purse seine vessels operating under El Salvador’s jurisdiction or exported from
El Salvador. Issuance of a new 5-year affirmative finding for El Salvador 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).
This new affirmative finding for El Salvador is for the 5-year period of April 1,
2023, through March 31, 2028, subject to subsequent annual reviews by NMFS.

Dated: June 14, 2024.

Janet Coit,
Assistant Administrator for Fisheries,
National Marine Fisheries Service.
[FR Doc. 2024-14330 Filed: 6/27/2024 8:45 am; Publication Date: 6/28/2024]