Billing Code 3510-22-P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XE052]
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.

Dated: June 14, 2024.

Janet Coit,
Assistant Administrator for Fisheries,
National Marine Fisheries Service.
[FR Doc. 2024-14337 Filed: 6/27/2024 8:45 am; Publication Date: 6/28/2024]