[Federal Register Volume 75, Number 95 (Tuesday, May 18, 2010)]
[Notices]
[Pages 27855-27856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11846]
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DEPARTMENT OF STATE
[Public Notice 7013]
Certifications Pursuant to Section 609 of Public Law 101-162
SUMMARY: On April 30, 2010, the Department of State certified, pursuant
to Section 609 of Public Law 101-162 (``Section 609''), that 13 nations
have adopted programs to reduce the incidental capture of sea turtles
in their shrimp fisheries comparable to the program in effect in the
United States. The Department also certified that the fishing
environments in 25 other countries and one economy, Hong Kong, do not
pose a threat of the incidental taking of sea turtles protected under
Section 609.
DATES: Effective Date: On Publication.
FOR FURTHER INFORMATION CONTACT: James J. Hogan, III, Office of Marine
Conservation, Bureau of Oceans and International Environmental and
Scientific Affairs, Department of State, Washington, DC 20520-7818;
telephone: (202) 647-2252.
SUPPLEMENTARY INFORMATION: Section 609 of Public Law 101-162 prohibits
imports of certain categories of shrimp unless the President certifies
to the Congress not later than May 1 of each year either: (1) That the
harvesting nation has adopted a program governing the incidental
capture of sea turtles in its commercial shrimp fishery comparable to
the program in effect in the United States and has an incidental take
rate comparable to that of the United States; or (2) that the fishing
environment in the harvesting nation does not pose a threat of the
incidental taking of sea turtles. The President has delegated the
authority to make this certification to the Department of State.
Revised State Department guidelines for making the required
certifications were published in the Federal Register on July 2, 1999
(Vol. 64, No. 130, Public Notice 3086).
On April 30, 2010, the Department certified 13 nations on the basis
that their sea turtle protection programs are comparable to that of the
United States: Belize, Colombia, Ecuador, El Salvador, Guatemala,
Guyana, Honduras, Madagascar, Nicaragua, Nigeria, Pakistan, Panama and
Suriname.
The Department also certified 25 shrimp harvesting nations and one
economy as having fishing environments that do not pose a danger to sea
turtles. Sixteen nations have shrimping grounds only in cold waters
where the risk of taking sea turtles is negligible. They are:
Argentina, Belgium, Canada, Chile, Denmark, Finland, Germany, Iceland,
Ireland, the Netherlands, New Zealand, Norway, Russia, Sweden, the
United Kingdom, and Uruguay. Nine nations and one economy only harvest
shrimp using small boats with crews of less than five that use manual
rather than mechanical means to retrieve nets, or catch shrimp using
other methods that do not threaten sea turtles. Use of such small-scale
technology does not adversely affect sea turtles. The nine nations and
one economy are: The Bahamas, China, the Dominican Republic, Fiji, Hong
Kong, Jamaica, Oman, Peru, Sri Lanka and Venezuela.
The Department of State withdrew Mexico's certification in March
2010 because Mexico's turtle protection program is not currently
comparable to the U.S. program. An import prohibition went into effect
on April 20, 2010. The United States Government and the Government of
Mexico are working together to strengthen Mexico's Turtle Excluder
Device (TED) program and to advance shared sea turtle conservation
goals. Both governments are engaged to ensure renewal of Mexican
certification within the shortest period of time consistent with the
requirements of U.S. law.
The Department has certified Venezuela once again, albeit on a
different basis than last year. In March 2008, the Government of
Venezuela passed a law banning industrial shrimp trawling in its
waters. The ban remains in effect. As a result, the Department has
certified Venezuela as a nation whose fishing environment does not pose
a threat of the incidental taking of sea turtles.
The Department of State has communicated the certifications under
Section 609 to the Office of Field Operations of U.S. Customs and
Border Protection.
In addition, this Federal Register Notice confirms that the
requirement for all DS-2031 forms from uncertified nations must be
originals and signed by the competent domestic fisheries authority.
This policy change was first announced in a Department of State
[[Page 27856]]
media note released on December 21, 2004.
In order for shrimp harvested with Turtle Excluder Devices (TEDs)
in an uncertified nation to be eligible for importation into the United
States under the exemption: ``Shrimp harvested by commercial shrimp
trawl vessels using TEDs comparable in effectiveness to those required
in the United States'', the Department of State must determine in
advance that the government of the harvesting nation has put in place
adequate procedures to ensure the accurate completion of the DS-2031
forms. At this time, the Department has made such a determination only
with respect to Australia, Brazil and France. Thus, the importation of
TED-caught shrimp from any other uncertified nation will not be
allowed. For Brazil, only shrimp harvested in the northern shrimp
fishery are eligible for entry under this exemption. For Australia,
shrimp harvested in the Exmouth Gulf Prawn Fishery, the Northern Prawn
Fishery, the Queensland East Coast Trawl Fishery and the Torres Strait
Prawn Fishery is eligible for entry under this exemption. For France,
shrimp harvested in the French Guiana domestic trawl fishery are
eligible for entry under this exemption.
In addition, the Department has already made a determination with
regard to wild-harvest shrimp harvested in the Spencer Gulf region in
Australia. This product may be exported to the U.S. using a DS-2031
under the exemption for ``shrimp harvested in a manner or under
circumstances determined by the Department of State not to pose a
threat of the incidental taking of sea turtles.'' An official of the
Government of Australia still also must certify the DS-2031.
Dated: May 12, 2010.
David A. Balton,
Deputy Assistant Secretary for Oceans and Fisheries, Department of
State.
[FR Doc. 2010-11846 Filed 5-17-10; 8:45 am]
BILLING CODE 4710-09-P