Billing Code 3510-22-P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XE040]
Taking and Importing of Marine Mammals
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; affirmative finding annual renewals for Ecuador, El Salvador,
Guatemala, Mexico, Peru, and Spain.
SUMMARY: The NMFS Assistant Administrator (Assistant Administrator) has
completed an affirmative finding annual renewal for the Governments of Ecuador, El
Salvador, 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 will continue to
allow the importation into the United States of yellowfin tuna and yellowfin tuna
products harvested in the ETP for 1 year, 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 bases 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).
DATES: These affirmative finding annual renewals are effective for the 1-year period of
April 1, 2024, through March 31, 2025.
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 reviewing
the documentary evidence from the last 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 has
determined that The Nations have 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 are for the 1-year
period of April 1, 2024, through March 31, 2025. The Nations’ individual 5-year
affirmative findings, which have varying start and end dates, remain valid. El Salvador’s
5-year affirmative finding will remain valid through March 31, 2028. 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, subject to subsequent annual reviews by NMFS.
Dated: June 25, 2024.
Janet Coit,
Assistant Administrator for Fisheries,
National Marine Fisheries Service.
[FR Doc. 2024-14739 Filed: 7/3/2024 8:45 am; Publication Date: 7/5/2024]