[Federal Register Volume 59, Number 94 (Tuesday, May 17, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11932]
[[Page Unknown]]
[Federal Register: May 17, 1994]
BILLING CODE 8025-01-M
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DEPARTMENT OF STATE
Bureau of Oceans and International Environmental and Scientific Affairs
[Public Notice 2009]
Certifications Pursuant to Section 609 of Public Law 101-162
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SUMMARY: On April 27, 1994, the Department of State certified, pursuant
to section 609 of Public Law 101-162, that 9 countries with commercial
shrimp trawl fisheries in the Gulf of Mexico, Caribbean and Western
Atlantic Ocean (Belize, Brazil, Colombia, Guyana, Honduras, Mexico,
Nicaragua, Panama, and Venezuela) have adopted programs to reduce the
incidental capture of sea turtles in such fisheries comparable to the
program in effect in the United States. The Department certified that
the fishing environment in two other countries (Costa Rica and
Guatemala) does not pose a threat of the incidental taking of sea
turtles protected under Public Law 101-162. The Department was unable
to issue certifications on April 27 for Suriname, Trinidad and Tobago,
and French Guiana and, as a result, shrimp imports from these countries
were prohibited effective May 1, 1994, pursuant to Public Law 101-162.
The Department of State subsequently issued a certification for
Trinidad and Tobago on May 9, 1994 and, as a result, the ban on shrimp
imports that has been in effect since May 1, 1994, was lifted.
EFFECTIVE DATE: May 17, 1994.
FOR FURTHER INFORMATION CONTACT:
Mr. Bill Gibbons-Fly, 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 from certain nations unless the President certifies
to the Congress by 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; or (2) that the fishing environment in the
harvesting nations 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 February 18, 1993 (58 FR 9015).
The countries subject to the provisions of Public Law 101-162
include Belize, Brazil, Colombia, Coast Rica, French Guiana (EC),
Guatemala, Guyana, Honduras, Mexico, Nicaragua, Panama, Suriname,
Trinidad and Tobago, and Venezuela. On April 27, 1994, the Department
of State certified that 11 of the 14 affected countries have met, for
the current year, the requirements of the law. The countries that did
not receive a certification at that time were Trinidad and Tobago,
Suriname, and French Guiana. As a result, shrimp imports from Trinidad
and Tobago were prohibited pursuant to Public Law 101-162 effective May
1, 1994. The ban on shrimp imports from Suriname (in effect since May
1, 1993) and French Guiana (in effect since May 1, 1992) remain in
place. However, the Department subsequently issued a certification for
Trinidad and Tobago on May 9, thus lifting the ban on shrimp imports in
effect since May 1, 1994.
The countries that received a certification on April 27, 1994, were
Belize, Brazil, Colombia, Costa Rica, Guatemala, Guyana, Mexico,
Honduras, Nicaragua, Panama, and Venezuela; with Trinidad and Tobago
certified on May 9, 1994. Of these, the Department certified that the
fishing environment in Costa Rica and Guatemala does not pose a threat
of the incidental taking of sea turtles protected by Public Law 101-
162. (In both these counties, the commercial shrimp trawl fleet
operates exclusively in the Pacific Ocean with no activity on the
Caribbean side.) The Department certified that the other ten countries
have adopted a program to reduce the incidental capture of sea turtles
in the commercial shrimp trawl fishery comparable to the U.S. program.
May 1, 1994 marks the end of the three-year period provided in the
Department's published guidelines for each of the affected countries to
develop and implement their programs to require the use of TEDs. In
reviewing information for the purpose of making the certifications this
year, the Department looked at three principal elements of each
country's program: (1) The legal and/or regulatory framework
establishing the TED requirement for all commercial shrimp trawl
vessels, except those specifically exempt under the Department's
guidelines; (2) the implementation of that requirement and the extent
to which TEDs are in use on all such vessels; and (3) the efforts of
each country to monitor and enforce the TED requirement to ensure
compliance. Because each country that received a certification this
year has established and is implementing the legal requirement to use
TEDs, the Department will place particular emphasis in making further
certifications on the third element, monitoring and enforcement of the
TED requirement.
Finally, in implementing the ban on shrimp imports from Trinidad
and Tobago which was in effect from May 1, 1994, to May 9, 1994, any
shipment with a recorded date of export prior to May 1, 1994, was
allowed entry into the United States even if it arrived on or after May
1, 1993. That is, shipments in transit prior to the effective date of
the ban were not barred from entry.
Dated: May 10, 1994.
Ambassador David A. Colson,
Deputy Assistant Secretary For Oceans.
[FR Doc. 94-11932 Filed 5-16-94; 8:45 am]
BILLING CODE 4710-09-M
