[Federal Register Volume 64, Number 57 (Thursday, March 25, 1999)]
[Notices]
[Pages 14481-14485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7342]
[[Page 14481]]
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DEPARTMENT OF STATE
[Public Notice 3013]
Notice of Proposed Revisions to Guidelines for the Implementation
of Section 609 of Public Law 101-162 Relating to the Protection of Sea
Turtles in Shrimp Trawl Fishing Operations
SUMMARY: Section 609 of Public Law 101-162 (``Section 609'') provides
that shrimp harvested with technology that may adversely affect certain
species of sea turtles may not be imported into the United States. This
import prohibition does not apply if the Department of State certifies
to Congress that the harvesting nation has a regulatory program and an
incidental take rate comparable to that of the United States, or,
alternatively, that the fishing environment in the harvesting nation
does not pose a threat of the incidental taking of sea turtles. In
response to recommendations of the Dispute Settlement Body of the World
Trade Organization, the Department of State is proposing several
revisions to the guidelines issued by the Department on August 28, 1998
for use in making such certifications. In order to comply with
provisions of the Uruguay Round Trade Agreements Act, 16 U.S.C. 3533,
the Department of State is requesting public comment on Sections II and
III of this notice. Section I provides background information. Comments
should be forwarded to the Office of Marine Conservation at the address
listed below no later than 30 days after publication of this notice.
The August 28, 1998 guidelines contained additional information on
the Department's policy with respect to certain aspects of the
implementation of Section 609 for which no revisions are currently
being proposed. The Department's policy with respect to those aspects,
as set forth in the August 28, 1998 guidelines, remains unchanged.
FOR FURTHER INFORMATION CONTACT: Mr. Bill Gibbons-Fly or Mr. David
Hogan, Office of Marine Conservation, Bureau of Oceans and
International Environmental and Scientific Affairs, Department of
State, Washington D.C., telephone number (202) 647-2335. Comments
should be submitted to the Department of State, Office of Marine
Conservation, Room 5806, 2201 C Street NW., Washington, D.C. 20520.
I. Supplementary Information
A. Section 609
Section 609 provides that shrimp or products from shrimp harvested
with commercial fishing technology that may adversely affect certain
species of sea turtles protected under U.S. law and regulations may not
be imported into the United States. This import prohibition does not
apply if the President certifies to Congress by May 1, 1991, and
annually thereafter, that:
a. The government of the harvesting nation has provided documentary
evidence of the adoption of a regulatory program governing the
incidental taking of such sea turtles in the course of such harvesting
that is comparable to that of the United States; and
b. The average rate of that incidental taking by vessels of the
harvesting nation is comparable to the average rate of incidental
taking of sea turtles by United States vessels in the course of such
harvesting; or
c. The particular fishing environment of the harvesting nation does
not pose a threat of the incidental taking of such sea turtles in the
course of such harvesting.
The President has delegated to the Secretary of State the authority
to make certifications pursuant to Section 609 (Memorandum of December
19, 1990; 56 FR 357; January 4, 1991).
The relevant species of sea turtles are: loggerhead (Caretta
caretta), Kemp's ridley (Lepidochelys kempi), green (Chelonia mydas),
leatherback (Dermochelys coriacea) and hawksbill (Eretmochelys
imbricata).
B. Summary of WTO Recommendations and Measures Taken To Implement Those
Recommendations
On November 6, 1998, the Dispute Settlement Body (DSB) of the World
Trade Organization (WTO) adopted a report of the WTO Appellate Body in
a case brought by India, Malaysia, Pakistan and Thailand challenging
the import prohibitions of Section 609. The Appellate Body report found
that Section 609 itself was not inconsistent with U.S. obligations
under the WTO Agreement and was, in fact, covered by the WTO provision
relating to the conservation of exhaustible natural resources. At the
same time, however, the Appellate Body report found that certain
aspects of the manner in which Section 609 was being implemented, in
their cumulative effect, were inconsistent with U.S. obligations under
the WTO Agreement. The Appellate Body report recommended that the
United States revise its implementation of Section 609 accordingly.
On November 25, 1998, the United States announced its intention to
implement the recommendations and rulings of the DSB in a manner which
is consistent not only with U.S. WTO obligations, but also with the
firm commitment of the United States to the protection of threatened
and endangered species, including sea turtles.
The following paragraphs summarize the findings of the WTO
Appellate Body report to which the revisions to the Guidelines proposed
in this notice respond:
(1) WTO Finding: While Section 609 requires as a condition of
certification that foreign programs for the protection of sea turtles
in the course of shrimp trawl fishing be comparable to the U.S.
program, the practice of the Department of State in making
certification decisions was to require foreign programs to be
essentially the same as the U.S. program. In assessing foreign
programs, the Department of State should be more flexible in making
such determinations and, in particular, should take into consideration
different conditions that may exist in the territories of those other
nations.
Analysis: In response to this recommendation, the proposed
revisions to the guidelines make clear that the Department of State
will fully consider any evidence that another nation may present that
its program to protect sea turtles in the course of shrimp trawl
fishing is comparable to the U.S. program. In reviewing such evidence,
the Department will take into account any demonstrated differences in
foreign shrimp fishing conditions, to the extent that such differences
may affect the extent to which sea turtles are subject to capture and
drowning in the commercial shrimp trawl fisheries. The Department will
also take such differences into account in making related
determinations under Section 609.
(2) WTO Finding: The certification process under Section 609 is
neither transparent nor predictable and denies to exporting nations
basic fairness and due process. There is no formal opportunity for an
applicant nation to be heard or to respond to arguments against it.
There is no formal written, reasoned decision. But for notice in the
Federal Register, nations are not notified of decisions specifically.
There is no procedure for review of, or appeal from, a denial of
certification.
Analysis: In response to this finding, the proposed revisions to
the guidelines institute a broad range of procedural changes in the
manner in which the Department of State will make certification
decisions under Section 609. The intention is to create a more
transparent and predictable process for reviewing foreign programs and
for making decisions on certifications and other related matters. The
proposed
[[Page 14482]]
revisions ensure that the governments of harvesting nations will be
notified on a timely basis of all pending and final decisions and are
provided a meaningful opportunity to be heard and to present any
additional information relevant to the certification decision. The
governments of harvesting nations that are not granted a certification
shall receive a full explanation of the reasons that the certification
was denied. Steps that the government must take to receive a
certification in the future shall be clearly identified. The following
paragraphs summarize certain other findings of the WTO Appellate Body
report to which the United States Government is responding, or has
responded.
(3) WTO Finding: At the time the WTO complaint arose, the United
States did not permit imports of shrimp harvested by vessels using TEDs
comparable in effectiveness to those used in the United States, unless
the harvesting nation was certified pursuant to Section 609. In other
words, shrimp caught using methods identical to those employed in the
United States had been excluded from the United States market solely
because they had been caught in waters of uncertified nations.
Analysis: For reasons unrelated to the WTO case, the Department of
State modified its implementing Guidelines on August 28, 1998 to allow
the importation of shrimp harvested by vessels using TEDs, even if the
exporting nation is not certified pursuant to Section 609. This policy
had, in fact, been in place as of April 19, 1996, but had been
overturned by a domestic court ruling that was subsequently vacated.
The provisions of the August 28, 1998 Guidelines pertaining to the
importation of such shrimp remain in effect.
(4) WTO Finding: The United States failed to engage the nations
that brought the complaint, as well as other WTO Members exporting
shrimp to the United States, in serious across-the-board negotiations,
apart from negotiations on the Inter-American Convention for the
Protection and Conservation of Sea Turtles, for the purpose of
concluding agreements to conserve sea turtles before enforcing the
import prohibition on those other Members.
Analysis: As early as 1996, the United States proposed to
governments in the Indian Ocean region the negotiation of an agreement
to protect sea turtles in that region, but received no positive
response. In 1998, even before the WTO Appellate Body issued its
report, the United States reiterated its desire to enter into such
negotiations with affected governments, including those that had
brought the WTO complaint. During the summer of 1998, the United States
informally approached several governments in the Indian Ocean region,
as well as numerous non-governmental organizations, in an effort to get
such negotiations underway. On October 14, 1998, following the issuance
of the Appellate Body report, but before its adoption by the DSB, the
Department of State formally renewed this proposal to high-level
representatives of the embassies of the four complainants in
Washington, D.C., and delivered the same message to a wide range of
nations in the Indian Ocean region through our embassies abroad. In
each case, the United States presented a list of ``elements'' that we
believe could form the basis of such an agreement. We also made clear
the willingness of the United States to support the negotiating process
in a number of ways. We are continuing to pursue this initiative.
(5) WTO Finding: As compared to the 14 nations of the Caribbean and
western Atlantic that were initially affected by Section 609, the
United States provided less technical assistance to those nations that
first became affected by the law at the end of 1995 as a result of the
decision of the U.S. Court of International Trade.
Analysis: The United States has renewed, and hereby reiterates, its
offer of technical training in the design, construction, installation
and operation of TEDs to any government that requests it. Any
government that wants to receive such training need only make such a
request to the United States in writing, through diplomatic channels.
The United States will make every effort to meet such requests.
Training programs will be scheduled on a first come, first served
basis, although special efforts will be made to accommodate nations
whose governments are making good faith efforts to adopt and maintain
nation-wide TEDs programs and who have not previously received such
training. In this way, the United States hopes to create an additional
incentive in favor of such programs.
C. The U.S. Program
Since certification decisions under Section 609(b)(2) (A) and (B)
are based on comparability with the U.S. program governing the
incidental taking of sea turtles in the course of shrimp harvesting, an
explanation of the components of that program follows. The U.S. program
requires that commercial shrimp trawl vessels use TEDs approved in
accordance with standards established by the U.S. National Marine
Fisheries Service (NMFS), in areas and at times when there is a
likelihood of intercepting sea turtles. The goal of this program is to
protect sea turtle populations from further decline by reducing the
incidental mortality of sea turtles in commercial shrimp trawl
operations.
The commercial shrimp trawl fisheries in the United States in which
there is a likelihood of intercepting sea turtles occur in the
temperate waters of the Gulf of Mexico and the Atlantic Ocean from
North Carolina to Texas. With very limited exceptions, all U.S.
commercial shrimp trawl vessels operating in these waters must use
approved TEDs at all times and in all areas. The only exceptions to
this requirement are as follows:
a. Vessels equipped exclusively with wing nets, skimmer trawls, and
pusher-head trawls when used in conjunction with certain restricted tow
times are not required to use TEDs because their operations do not pose
a threat to sea turtles. Vessels equipped with barred beam trawls and/
or barred roller trawls are not required to use TEDs. Single try nets
(with less than a twelve foot headrope and fifteen foot rope) are not
required to use TEDs.
b. Vessels whose nets are retrieved exclusively by manual rather
than mechanical means are not required to use TEDs because the lack of
a mechanical retrieval system necessarily limits tow times to a short
duration so as not to pose a threat of the incidental drowning of sea
turtles. This exemption applies only to vessels that have no power or
mechanical-advantage trawl retrieval system.
c. In exceptional circumstances, where NMFS determines that the use
of TEDs would be impracticable because of special environmental
conditions such as the presence of algae, seaweed, or debris, or that
TEDs would be ineffective in protecting sea turtles in particular
areas, vessels are permitted to restrict tow times instead of using
TEDs. Such exceptions are generally limited to two periods of 30 days
each. In practice, NMFS has permitted such exceptions only rarely.
With these limited exceptions, all other commercial shrimp trawl
vessels operating in waters subject to U.S. jurisdiction in which there
is a likelihood of intercepting sea turtles must use TEDs at all times.
For more information on the U.S. program governing the incidental
taking of sea turtles in the course of commercial shrimp trawl
harvesting, see 50 CFR 227.17 and 50 CFR 227.72(e).
[[Page 14483]]
II. Section 609
A. Shrimp Harvested in a Manner Not Harmful to Sea Turtles
The Department of State has determined that the import prohibitions
imposed pursuant to Section 609 do not apply to shrimp or products of
shrimp harvested under the following conditions, since such harvesting
does not adversely affect sea turtles:
a. Shrimp harvested in an aquaculture facility in which the shrimp
spend at least 30 days in pond prior to being harvested.
b. Shrimp harvested by commercial shrimp trawl vessels using TEDs
comparable in effectiveness to those required in the United States.
c. Shrimp harvested exclusively by means that do not involve the
retrieval of fishing nets by mechanical devices or by vessels using
gear that, in accordance with the U.S. program described above, would
not required TEDs.
d. Shrimp harvested in any other manner or under any other
circumstances that the Department of State may determine, following
consultation with the NMFS, does not pose a threat of the incidental
taking of sea turtles. The Department of State shall publish any such
determinations in the Federal Register and shall notify affected
foreign governments and other interested parties directly.
B. Shrimp Exporter's/Importer's Declaration
The requirement that all shipments of shrimp and products of shrimp
imported into the United States must be accompanied by a declaration
(DSP-121, revised) became effective as of May 1, 1996 and remains
effective. The DSP-121 attests that the shrimp accompanying the
declaration was harvested either under conditions that do not adversely
affect sea turtles (as defined above) or in waters subject to the
jurisdiction of a nation currently certified pursuant to Section 609.
All declarations must be signed by the exporter. The declaration must
accompany the shipment through all stages of the export process,
including any transformation of the original product and any shipment
through any intermediary nation. As before, the Department of State
will make copies of the declaration readily available. Local
reproduction of the declarations is fully acceptable.
The requirement that a government official of the harvesting nation
not currently certified pursuant to Section 609 must also sign the DSP-
121 asserting that the accompanying shrimp was harvested under
conditions that do not adversely affect sea turtles species remains
effective. In order to protect against fraud, the Department will
continue to conduct periodic reviews of the systems that such foreign
governments have put in place to verify the statements made on the DSP-
121 form.
Date of Export. Import prohibitions shall not apply to shipments of
shrimp and products of shrimp with a date of export falling at a time
in which the harvesting nation is currently certified pursuant to
Section 609.
Country of Origin. For purposes of implementing Section 609, the
country of origin shall be deemed to be the nation in whose waters the
shrimp is harvested, whether or not the harvesting vessel is flying the
flag of another nation.
C. Review of Information
The government of any harvesting nation may request that the
Department of State review any information regarding the particular
shrimp fishing environment and conditions in that nation, or within a
distinct geographic region of that nation, in making decisions pursuant
to Section 609. Such information may be presented to demonstrate, inter
alia:
(1) That some portion of the shrimp intended to be exported from
that nation to the United States is harvested under one of the
conditions identified above as not adversely affecting species of sea
turtles;
(2) That the government of that nation has adopted a regulatory
program governing the incidental taking of sea turtles in the course of
commercial shrimp trawl fishing that is comparable to the U.S. program
and, therefore, that the nation is eligible for certification under
Section 609(b)(2)(A) and (B); or
(3) That the fishing environment in that nation does not pose a
threat of the incidental taking of sea turtles and, therefore, that the
nation is eligible for certification under Section 609(b)(2)(C).
Such information should be based on empirical data supported by
objective scientific studies of sufficient duration and scope to
provide the information necessary for a reliable determination. In
addition, information submitted to support a request for any such
determination should include available biological and commercial data
that are relevant to determining whether or not the fishing environment
of the harvesting nation is likely to pose a threat to sea turtles.
Studies intended to show the rate of incidental taking of sea turtles
in a given shrimp fishery should, at a minimum, contain data for an
entire fishing season. Upon request, the United States will review and
provide comments on a planned or existing study with respect to sample
size, scientific methodology and other factors that affect whether such
a study provides a sufficient basis for making a reliable
determination.
The Department will fully review and take into consideration all
such information and, in consultation with the NMFS, respond in writing
to the government of the harvesting nation within 120 days from the
date on which the information is received.
The Department, in consultation with the NMFS, will also take into
consideration information on the same subjects that may be available
from other sources, including but not limited to academic and
scientific organizations, intergovernmental organizations and non-
governmental organizations with recognized expertise in the subject
matter.
III. Guidelines for Making Certification Decisions
A. Certification Pursuant to Section 609(b)(2)(C)
Section 609(b)(2)(C) authorizes the Department of State to certify
a harvesting nation if the particular fishing environment of the
harvesting nation does not pose a threat of incidental taking of sea
turtles in the course of commercial shrimp trawl harvesting.
Accordingly, the Department shall certify any harvesting nation meeting
the following criteria without the need for action on the part of the
government of the harvesting nation:
a. Any harvesting nation without any of the relevant species of sea
turtles occurring in waters subject to its jurisdiction;
b. Any harvesting nation that harvests shrimp exclusively by means
that do not pose a threat to sea turtles, e.g., any nation that
harvests shrimp exclusively by artisanal means;
c. Any nation whose commercial shrimp trawling operations take
place exclusively in waters subject to its jurisdiction in which sea
turtles do not occur.
B. Certification Pursuant to Section 609(b)(2) (A) and (B)
Under Section 609(b)(2), the Department of State shall certify any
other harvesting nation by May 1st of each year if ``the government of
[that] nation has provided documentary evidence of the adoption of a
regulatory program governing the incidental taking of such sea turtles
in the course of such harvesting that is comparable to that of the
United States'' and if ``the average
[[Page 14484]]
rate of that incidental taking by vessels of the harvesting nation is
comparable to the average rate of incidental taking of sea turtles by
United States vessels in the course of such harvesting.''
a. Regulatory Program. The Department of State shall assess
regulatory programs, as described in any documentary evidence provided
by the governments of harvesting nations, for comparability with the
U.S. program.
Where standard otter trawl nets are used in shrimp fisheries in
waters where sea turtles are present, sea turtles will inevitably be
captured and drowned. The Department of State is presently aware of no
measure or series of measures that can minimize the capture and
drowning of sea turtles in such nets that is comparable in
effectiveness to the required use of TEDs.
1. If the government of the harvesting nation seeks certification
on the basis of having adopted a TEDs program, certification shall be
made if a program includes the following:
(i) Required Use of TEDs--a requirement that all commercial shrimp
trawl vessels operating in waters in which there is a likelihood of
intercepting sea turtles use TEDs at all times. TEDs must be comparable
in effectiveness to those used in the United States. Any exceptions to
this requirement must be comparable to those of the U.S. program
described above; and
(ii) Enforcement--a credible enforcement effort that includes
monitoring for compliance and appropriate sanctions.
2. If the government of a harvesting nation demonstrates that it
has implemented and is enforcing a comparably effective regulatory
program to protect sea turtles in the course of shrimp trawl fishing
without the use of TEDs, that nation will also be eligible for
certification. As described above, such a demonstration would need to
be based on empirical data supported by objective scientific studies of
sufficient duration and scope to provide the information necessary for
a reliable determination. In reviewing any such information, the
Department of State will take fully into account any demonstrated
differences between the shrimp fishing conditions in the United States
and those in other nations, as well as information available from other
sources.
b. Incidental Take. Average incidental take rates will be deemed
comparable if the harvesting nation requires the use of TEDs in a
manner comparable to that of the U.S. program or, as described above,
otherwise demonstrates that it has implemented a comparably effective
program to protect sea turtles in the course of shrimp trawl fishing
without the use of TEDs.
c. Additional Considerations. 1. Form--A regulatory program may be
in the form of regulations promulgated by the government of the
harvesting nation and having the force of law. If the legal system and
industry structure of the harvesting nation permit voluntary
arrangements between government and the fishing industry, such an
arrangement may be acceptable so long as there is a governmental
mechanism to monitor compliance with the arrangement and to impose
penalties for non-compliance, and reliable confirmation that the
fishing industry is complying with the arrangement.
2. Documentary Evidence--Documentary evidence may be in the form of
copies of the relevant laws, regulations or decrees. If the regulatory
program is in the form of a government-industry arrangement, then a
copy of the arrangement is required. Harvesting nations are encouraged
to provide, to the extent practicable, information relating to the
extent of shrimp harvested by means of aquaculture.
3. Additional Sea Turtle Protection Measures--The Department of
State recognizes that sea turtles require protection throughout their
life cycle, not only when they are threatened during the course of
commercial shrimp trawl harvesting. In making certification
determinations, the Department shall also take fully into account other
measures the harvesting nation undertakes to protect sea turtles,
including national programs to protect nesting beaches and other
habitat, prohibitions on the directed take of sea turtles, national
enforcement and compliance programs, and participation in any
international agreement for the protection and conservation of sea
turtles. In assessing any information provided by the governments of
harvesting nations in this respect, the Department of State will rely
on the technical expertise of NMFS and, where appropriate, the US Fish
and Wildlife Service to evaluate threats to sea turtles and the
effectiveness of sea turtle protection programs.
4. Consultations--The Department of State will engage in ongoing
consultations with the governments of harvesting nations. The
Department recognizes that, as sea turtle protection programs develop,
additional information will be gained about the interaction between sea
turtle populations and shrimp fisheries.
These Guidelines may be revised in the future to take into
consideration that and other information, as well as to take into
account changes in the U.S. program. These Guidelines may also be
revised as a result of pending domestic litigation. In addition, the
Department will continue to welcome public input on the best ways to
implement both these Guidelines and Section 609 as a whole and may
revise these guidelines in the future accordingly.
C. Timetable and Procedures for Certification Decisions
Each year the Department will consider for certification: (a) Any
nation that is currently certified, and (b) any other shrimp harvesting
nation whose government requests such certification in a written
communication to the Department of State through diplomatic channels
prior to September 1 of the preceding year. Any such communication
should include any information not previously provided that would
support the request for certification, including the information
specified above under Review of Information.
Between September 1 and March 1, U.S. officials will seek to visit
those nations requesting certifications pursuant to Section
609(b)(2)(A) and (B). Each visit will conclude with a meeting between
the U.S. officials and government officials of the harvesting nation to
discuss the results of the visit and to review any identified
deficiencies regarding the harvesting nation's program to protect sea
turtles in the course of shrimp trawl fishing.
By March 15, the Department of State will notify in writing through
diplomatic channels the government of each nation that, on the basis of
available information, including information gathered during such
visits, does not appear to qualify for certification. Such notification
will explain the reasons for this preliminary assessment, suggest steps
that the government of the harvesting nation can take in order to
receive a certification and invite the government of the harvesting
nation to provide, by April 15, any further information. If the
government of the harvesting nation so requests, the Department of
State will schedule face-to-face meetings between relevant U.S.
officials and officials of the harvesting nation to discuss the
situation.
Between March 15 and May 1, the Department of State will actively
consider any additional information that the government of the
harvesting nation believes should be considered by the Department in
making its determination concerning certification.
[[Page 14485]]
By May 1 of each year the Department of State will make formal
decisions on certification. The governments of all nations that have
requested certification will be notified in writing of the decision
promptly through diplomatic channels. In the case of those nations for
which certification is denied, such notification will again state the
reasons for such denial and the steps necessary to receive a
certification in the future.
The government of any nation that is denied a certification by May
1 may, at any time thereafter, request reconsideration of that
decision. When the United States receives information from that
government demonstrating that the circumstances that led to the denial
of the certification have been corrected, U.S. officials will visit the
exporting nation as early as a visit can be arranged. If the visit
demonstrates that the circumstances that led to the denial of the
certification have indeed been corrected, the United States will
certify that nation immediately thereafter.
D. Special Timetable for 1999
The United States and the four nations that brought the WTO
complaint have agreed that the United States would implement the
recommendations and rulings of the DSB within 13 months of the adoption
of the WTO Appellate Body report by the DSB, i.e., by December 6, 1999.
Accordingly, the Department of State hereby establishes the
following timetable to apply in 1999 only:
After the date of publication of the revised guidelines, the
government of any harvesting nation that was denied certification by
May 1, 1999, may request to be certified in accordance with these
guidelines in a written communication to the Department of State
through diplomatic channels prior to August 15, 1999.
Not later than October 15, 1999, U.S. officials will seek to visit
to those nations requesting such certifications. Each visit will
conclude with a meeting between the U.S. officials and government
officials of the harvesting nation to discuss the results of the visit
and to review any identified deficiencies regarding the harvesting
nation's program to protect sea turtles in the course of shrimp trawl
fishing.
By November 1, 1999, the Department of State will notify in writing
through diplomatic channels the government of any nation that, on the
basis of available information, including information gathered during
such visits, does not appear to qualify for certification. Such
notification will explain the reasons for this preliminary assessment,
suggest steps that the government of the harvesting nation can take in
order to receive a certification and invite the government of the
harvesting nation to provide, by November 15, 1999, any further
information.
Between November 15 and December 6, 1999, the Department of State
will actively consider any additional information that the government
of the harvesting nation believes should be considered by the
Department in making its determination concerning certification.
By December 6, 1999, the Department of State will make formal
decisions on certification. The governments of all nations that have
requested certification under the special 1999 timetable will be
notified in writing of the decision promptly through diplomatic
channels. In the case of those nations for which certification is
denied, such notification will again state the reasons for such denial
and the steps necessary to receive a certification in the future.
The government of any nation that is denied a certification by
December 6, 1999, may, at any time thereafter, request reconsideration
of that decision. When the United States receives information from that
government demonstrating that the circumstances that led to the denial
of the certification have been corrected, U.S. officials will visit the
exporting nation as early as a visit can be arranged. If the visit
demonstrates that the circumstances that led to the denial of the
certification have indeed been corrected, the United States will
certify that nation immediately thereafter.
E. Related Determinations
As noted above, any harvesting nation that is not certified on May
1 of any year may be certified prior to the following May 1 at such
time as the harvesting nation meets the criteria necessary for
certification. Conversely, any harvesting nation that is certified on
May 1 of any year may have its certification revoked prior to the
following May 1 at such time as the harvesting nation no longer meets
those criteria.
* * * * *
As a matter relating to the foreign affairs function, these
guidelines are exempt from the notice, comment, and delayed
effectiveness provisions of the Administrative Procedures Act. This
action is exempt from Executive Order 12866, and is not subject to the
requirements of the Regulatory Flexibility Act.
March 19, 1999.
R. Tucker Scully,
Acting Deputy Assistant Secretary for Oceans, Fisheries and Space.
[FR Doc. 99-7342 Filed 3-24-99; 8:45 am]
BILLING CODE 4710-09-P
