What is an Affirmative
Finding?
An "affirmative finding" is a set of criteria the United States imposes on
nations wishing to import yellowfin tuna into the U.S. in order for the importing nation
to comport with our environmental laws and requirements regarding dolphin-safe tuna.
A portion of the U.S. Marine Mammal Protection Act (MMPA) addresses the eastern
tropical Pacific Ocean (ETP) tuna purse seine fishery and the importation of yellowfin
tuna from nations participating in this fishery. Under the MMPA, the United States
maintains its embargo of yellowfin tuna from a nation whose vessels harvest ETP tuna
(harvesting nation) unless the nation obtains an "affirmative finding" from the
National Marine Fisheries Service (NMFS).
The MMPA affirmative finding requires that the harvesting nation meets several
conditions related to compliance with the International Dolphin Conservation Program
(IDCP). These conditions are outlined below.
1) A statement requesting an affirmative finding;
2) A statement that a nation is a member of the Inter-American Tropical Tuna Commission
(IATTC), or has taken all steps toward application for membership required by article V,
paragraph 3, of the Convention for the Establishment of an IATTC, and is meeting all
obligations of membership in the IATTC including financial obligations;
3) A statement that the nation is meeting the obligations of, and complying with, the
provisions under the IDCP, and is ensuring that its vessels are participating in the IDCP;
4) A statement that the nations national (fleet) Dolphin Mortality Limits (DMLs) and
per-stock, per-year dolphin mortality caps were not exceeded in the year preceding the
affirmative finding request and;
5) Copy of the letter to the IATTC authorizing the IATTC to release complete and
accurate information and verification information to NMFS. This waiver should release the
IATTC to verify tuna tracking information. During spot checks of U.S. markets, NMFS will
track yellowfin tuna product back to the vessel and well from which the tuna came. NMFS
will verify via IATTC Tuna Tracking Forms that the vessel well contained tuna from sets in
which no dolphins were observed killed or seriously injured. In cases in which tuna were
harvested by a nation with an affirmative finding, the IATTC could expedite verification.
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