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[Federal Register: May 18, 2010 (Volume 75, Number 95)]
[Notices]               
[Page 27855-27856]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18my10-138]                         

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DEPARTMENT OF STATE

[Public Notice 7013]

 
Certifications Pursuant to Section 609 of Public Law 101-162

SUMMARY: On April 30, 2010, 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 their shrimp fisheries comparable to the program in effect in the 
United States. The Department also certified that the fishing 
environments in 25 other countries and one economy, Hong Kong, do not 
pose a threat of the incidental taking of sea turtles protected under 
Section 609.

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).
    On April 30, 2010, the Department certified 13 nations on the basis 
that their sea turtle protection programs are comparable to that of the 
United States: Belize, Colombia, Ecuador, El Salvador, Guatemala, 
Guyana, Honduras, Madagascar, Nicaragua, Nigeria, Pakistan, Panama and 
Suriname.
    The Department also certified 25 shrimp harvesting nations and one 
economy as having fishing environments that do not pose a danger to sea 
turtles. Sixteen nations have shrimping grounds only in cold waters 
where the risk of taking sea turtles is negligible. They are: 
Argentina, Belgium, Canada, Chile, Denmark, Finland, Germany, Iceland, 
Ireland, the Netherlands, New Zealand, Norway, Russia, Sweden, the 
United Kingdom, and Uruguay. Nine nations and one economy only harvest 
shrimp using small boats with crews of less than five that use manual 
rather than mechanical means to retrieve nets, or catch shrimp using 
other methods that do not threaten sea turtles. Use of such small-scale 
technology does not adversely affect sea turtles. The nine nations and 
one economy are: The Bahamas, China, the Dominican Republic, Fiji, Hong 
Kong, Jamaica, Oman, Peru, Sri Lanka and Venezuela.
    The Department of State withdrew Mexico's certification in March 
2010 because Mexico's turtle protection program is not currently 
comparable to the U.S. program. An import prohibition went into effect 
on April 20, 2010. The United States Government and the Government of 
Mexico are working together to strengthen Mexico's Turtle Excluder 
Device (TED) program and to advance shared sea turtle conservation 
goals. Both governments are engaged to ensure renewal of Mexican 
certification within the shortest period of time consistent with the 
requirements of U.S. law.
    The Department has certified Venezuela once again, albeit on a 
different basis than last year. In March 2008, the Government of 
Venezuela passed a law banning industrial shrimp trawling in its 
waters. The ban remains in effect. As a result, the Department has 
certified Venezuela as a nation whose fishing environment does not pose 
a threat of the incidental taking of sea turtles.
    The Department of State has communicated the certifications under 
Section 609 to the Office of Field Operations of U.S. Customs and 
Border Protection.
    In addition, this Federal Register Notice confirms that the 
requirement for all DS-2031 forms from uncertified nations must be 
originals and signed by the competent domestic fisheries authority. 
This policy change was first announced in a Department of State

[[Page 27856]]

media note released on December 21, 2004.
    In order for shrimp harvested with Turtle Excluder Devices (TEDs) 
in an uncertified nation to be eligible for importation into the United 
States under the exemption: ``Shrimp harvested by commercial shrimp 
trawl vessels using TEDs comparable in effectiveness to those required 
in the United States'', the Department of State must determine in 
advance that the government of the harvesting nation has put in place 
adequate procedures to ensure the accurate completion of the DS-2031 
forms. At this time, the Department has made such a determination only 
with respect to Australia, Brazil and France. Thus, the importation of 
TED-caught shrimp from any other uncertified nation will not be 
allowed. For Brazil, only shrimp harvested in the northern shrimp 
fishery are eligible for entry under this exemption. For Australia, 
shrimp harvested in the Exmouth Gulf Prawn Fishery, the Northern Prawn 
Fishery, the Queensland East Coast Trawl Fishery and the Torres Strait 
Prawn Fishery is eligible for entry under this exemption. For France, 
shrimp harvested in the French Guiana domestic trawl fishery are 
eligible for entry under this exemption.
    In addition, the Department has already made a determination with 
regard to wild-harvest shrimp harvested in the Spencer Gulf region in 
Australia. This product may be exported to the U.S. using a DS-2031 
under the exemption for ``shrimp harvested in a manner or under 
circumstances determined by the Department of State not to pose a 
threat of the incidental taking of sea turtles.'' An official of the 
Government of Australia still also must certify the DS-2031.

     Dated: May 12, 2010.
David A. Balton,
 Deputy Assistant Secretary for Oceans and Fisheries, Department of 
State.
[FR Doc. 2010-11846 Filed 5-17-10; 8:45 am]
BILLING CODE 4710-09-P
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