[Federal Register Volume 62, Number 21 (Friday, January 31, 1997)]
[Notices]
[Page 4826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2369]
[[Page 4826]]
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DEPARTMENT OF STATE
Bureau of Oceans and International Environmental and Scientific Affairs
[Public Notice 2498]
Shrimp Import Certifications Pursuant to Section 609 of Public
Law 101-162
January 21, 1997.
SUMMARY: On April 30, 1995, the Department of State certified, pursuant
to section 609 of Public Law 101-162, that 36 countries with commercial
shrimp trawl fisheries have adopted programs to reduce the incidental
capture of sea turtles in such fisheries comparable to the program in
effect in the United States and have an incidental take rate comparable
to that of the United States, or that the fishing environment in the
countries does not pose a threat of the incidental taking of species of
sea turtles protected under U.S. law and regulations. The Department
also certified Honduras on August 1, 1996 and Thailand on November 8,
1996. The Department was unable to issue certification on April 30 for
China or Nigeria and, as a result, imports of shrimp harvested in China
and Nigeria in a manner harmful to sea turtles were prohibited
effective May 1, 1996. The Department of State subsequently issued
certifications for China on December 23, 1996, and for Nigeria on
January 1, 1997, and, as a result, the ban on shrimp imports from those
two countries that had been in effect since May 1, 1996, was lifted.
EFFECTIVE DATE: January 31, 1997.
FOR FURTHER INFORMATION CONTACT: Hollis Summers, Office of Marine
Conservation, Bureau of Oceans and International Environmental and
Scientific Affairs, Department of State, Washington, DC 20520-7818;
telephone: (202) 647-3940.
SUPPLEMENTARY INFORMATION: Section 609 of Public Law 101-162 prohibits
imports 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 April 19, 1996 (61 FR 17342).
On April 30, 1996, the Department of State certified that 36 shrimp
harvesting nations have met, for the current year, the requirements of
the law. The Department also certified Honduras on August 1, 1996 and
Thailand on November 8, 1996. The Department of State was unable to
certify China or Nigeria at that time. As a result, imports of shrimp
from those countries that were harvested in ways harmful to sea turtles
were prohibited pursuant to Public Law 101-162 effective May 1, 1996.
The Department did not previously certify China because the Chinese
government had not required all commercial shrimp trawl vessels subject
to its jurisdiction that operated in waters where there is a likelihood
of intercepting sea turtles to use fishing gear that is not harmful to
sea turtles at all times. The Department of State has determined that
China has now instituted such a requirement, based on documentation
that China has provided which includes their law requiring the use of
turtle excluder devices on gear which poses a threat of incidental
capture of sea turtles. The Department of State, therefore, was able to
certify to Congress that China has met the standards of Section 609 of
Public Law 101-162.
The Department did not previously certify Nigeria because it had
not demonstrated that its sea turtle protection program was comparable
to that of the United States, or that its specific fishing environment
did not pose a threat to sea turtles. The Government of Nigeria has now
provided documentary evidence of the adoption of a sea turtle
protection program comparable to the program in the United States. On
October 21, 1996 Nigeria's Ministry of Fisheries published a regulation
requiring all shrimp trawl vessels operating in Nigerian waters to
install sea turtle excluder devices on shrimp nets not later than
December 31, 1996. The Department has verified that Nigeria's shrimp
boats have TEDs in their nets and that Nigeria is pursuing effective
enforcement of its TEDs regulation. The Department of State, therefore,
was able to certify to Congress that Nigeria has met the standards of
section 609 of Public Law 101-162.
In a related matter, the Department's Form DSP-121, ``Shrimp
Exporter's/Importer's Declaration,'' has been issued an extended
approval from the Office of Management and Budget. The form has been
approved in its current version until September 31, 1999. Respondents
are required to complete the form when exporting shrimp and shrimp
products to the United States under Sec. 609, and should begin using
the form with the current approval and new expiration date immediately.
Forms with the previous approval expiring July 31, 1996, should not be
used after May 1, 1997. The approval expiration date is shown on the
form in the upper right hand corner of the first page. Respondents
should also note that exemption 7(A)(2) ``Harvested using TEDs'' is no
longer valid and may not be used for export of shrimp and shrimp
products to the United States under the requirements of Section 609.
Copies of the form are available from the Department at the number
above, or from any U.S. Embassy.
Dated: January 21, 1997.
R. Tucker Scully,
Acting Deputy Assistant Secretary For Oceans.
[FR Doc. 97-2369 Filed 1-30-97; 8:45 am]
BILLING CODE 4710-09-M
