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[Federal Register: March 31, 2010 (Volume 75, Number 61)]
[Notices]               
[Page 16225]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31mr10-152]                         

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DEPARTMENT OF STATE

[Public Notice 6938]

 
Certifications Pursuant to Section 609 of Public Law 101-162

SUMMARY: On March 24, 2010, the Department of State notified Congress 
that it had withdrawn Mexico's certification under United States Public 
Law 101-162, Section 609, because Mexico's turtle excluder device (TED) 
program was not currently comparable to the United States program as 
required by the statute. Withdrawal of Mexican certification is 
primarily a compliance and environmental issue, but it does have trade 
implications. The United States government is providing the Government 
of Mexico with detailed technical recommendations and capacity-building 
support with a view to strengthening Mexico's sea turtle protection 
program. Both governments will continue to actively seek further 
engagement opportunities to ensure renewal of Mexican certification 
within the shortest period of time consistent with the requirements of 
U.S. law.

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).
    The Department of State has communicated this decision under 
Section 609 to the Office of Field Operations of U.S. Customs and 
Border Protection.
    This decision regarding withdrawal of Mexico's certification means 
that wild-harvest shrimp from Mexico's commercial trawl fisheries may 
not be imported into the United States until Section 609 certification 
for Mexico can be reinstated. A Department of State DS-2031 form signed 
by the exporter and importer must accompany all shrimp imports into the 
United States. If shrimp products are from a non-certified country, a 
government official of the harvesting nation must also certify the 
shrimp was caught without harming sea turtles. Users should check boxes 
7(A)(1) for aquaculture shrimp products or 7(A)(3) for artisanal shrimp 
products. Users should note that exception 7.A.(2) on the form 
``Harvested Using TEDs,'' while a currently valid exception to the 
prohibition on imports from nations not certified under Public Law 101-
162, is only available once the Department of State determines in 
advance that a country wishing to use this exception has in place an 
enforcement and catch segregation system for making such individual 
shipment certifications. Presently, only Brazil and Australia have 
shown that they have a system in place for specific fisheries. 
Exception 7(A)(4) is for other case-by-case, special circumstance 
determinations made by the Department of State in advance. For these 
reasons exceptions 7(A)(2) and 7(A)(4) are not applicable to imports of 
wild-caught shrimp from Mexico.

    Dated: March 24, 2010.
David A. Balton,
Deputy Assistant Secretary for Oceans and Fisheries, Department of 
State.
[FR Doc. 2010-7221 Filed 3-30-10; 8:45 am]
BILLING CODE 4710-09-P
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