[Federal Register Volume 61, Number 97 (Friday, May 17, 1996)]
[Notices]
[Pages 24998-24999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12371]
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DEPARTMENT OF STATE
[Public Notice 2379]
Bureau of Oceans and International Environmental and Scientific
Affairs; Certifications Pursuant to Section 609 of Public Law 101-162
SUMMARY: On April 30, 1996, 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 shrimp fisheries comparable to the program in effect in the United
States. In addition, the Department certified that the fishing
environment in 23 other countries does not pose a threat of the
incidental taking of sea turtles protected under Section 609. Shrimp
imports from any nation not certified were prohibited effective May 1,
1996, pursuant to Section 609.
EFFECTIVE DATE: May 17, 1996.
FOR FURTHER INFORMATION CONTACT:
Hollis Summers, Office of Marine Conservation, Bureau of Oceans and
[[Page 24999]]
International Environmental and Scientific Affairs, Department of
State, Washington, DC 20520-7818; telephone: (202) 647-3940.
SUPPLEMENTARY INFORMATION: Section 609 prohibits imports of shrimp from
foreign 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
April 19, 1996 (FR Vol. 61, No. 77, pp. 17342-17344).
A December, 1995 U.S. Court of International Trade decision
expanded the scope of Section 609 to include all countries which
harvest shrimp. On April 30, 1996, the Department of State certified
that 36 of the affected countries have met the requirements of the law.
As a result, shrimp imports from all other countries harvested with
commercial fishing technology which may adversely affect sea turtles
were prohibited pursuant to Section 609 effective May 1, 1996. 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.
The countries that were certified on April 30, 1996, are Argentina,
the Bahamas, Belgium, Belize, Brunei, Canada, Chile, Colombia, Costa
Rica, Denmark, the Dominican Republic, Ecuador, El Salvador, Germany,
Guatemala, Guyana, Haiti, Iceland, Indonesia, Ireland, Jamaica, Mexico,
the Netherlands, New Zealand, Nicaragua, Norway, Oman, Panama, Peru,
Russia, Sri Lanka, Sweden, Trinidad and Tobago, the United Kingdom,
Uruguay and Venezuela.
Of these, the Department certified that the fishing environment in
some countries does not pose a threat of the incidental taking of sea
turtles protected by Section 609. The following 15 nations have shrimp
fisheries only in cold waters where there is essentially no risk of
taking sea turtles: Argentina, Belgium, Canada, Chile, Denmark,
Germany, Iceland, Ireland, the Netherlands, New Zealand, Norway,
Russia, Sweden, the United Kingdom, and Uruguay. The following 8
nations only harvest shrimp using manual rather than mechanical means
to retrieve nets: the Bahamas, Brunei, the Dominican Republic, Haiti,
Jamaica, Oman, Peru and Sri Lanka. Use of such small-scale technology
does not adversely affect sea turtles.
The following countries were certified as having adopted programs
to reduce the incidental capture of sea turtles in shrimp fisheries
comparable to the program in effect in the United States: Belize,
Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Guyana,
Indonesia, Mexico, Nicaragua, Panama, Trinidad and Tobago, and
Venezuela.
In implementing the ban on shrimp imports from all countries not
certified, any shipment with a recorded date of export prior to May 1,
1996, will be allowed entry into the United States even if it arrives
on or after May 1, 1996. That is, shipments in transit prior to the
effective date of the ban are not barred from entry.
The Department of State communicated the certifications under
Section 609 to the Office of Trade Operations of the United States
Customs Service in a letter transmitted on May 2, 1996.
As is clear from the revised guidelines issued by the Department of
State on April 19, 1996, the implementation of the Court of
International Trade's order has required certain procedural
refinements. The Department will keep these guidelines under close
review throughout the upcoming year to ensure the effective
implementation of Section 609, and will carefully review their
effectiveness and enforceability before making any 1997 certifications.
It is the intention of the Department to promote the development of
comprehensive TED programs in all harvesting nations where shrimp trawl
fisheries pose a risk to sea turtles. Any comments on or information
regarding the effectiveness of the implementation process is welcome.
Technical Revision
Public Notice 2368, ``Revised Notice of Guidelines for Determining
Comparability of Foreign Programs for the Protection of Turtles in
Shrimp Trawl Fishing Operations,'' (61 FR 17342), is revised as
follows:
``IV. Related Determinations'' is amended to read ``III. Related
Determinations''.
In Section III (as amended above), paragraph (b), the reference to
``Sections II and III'' is amended to read ``Sections I and II''.
Dated: May 13, 1996.
David A. Colson,
Ambassador, Deputy Assistant Secretary for Oceans.
[FR Doc. 96-12371 Filed 5-16-96; 8:45 am]
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