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[Federal Register Volume 79, Number 66 (Monday, April 7, 2014)]
[Notices]
[Page 19166]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-07707]

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DEPARTMENT OF STATE

Public Notice 8682]

 Bureau of Oceans and International Environmental and Scientific 
Affairs; Certifications Pursuant to Section 609 of Public Law 101-162

SUMMARY: The Department of State, in consultation with the National 
Oceanic and Atmospheric Administration's National Marine Fisheries 
Service (NMFS), determined that royal red shrimp (Menopenaeus robustus) 
harvested in the Mediterranean Sea may be imported into the United 
States from Spain pursuant to Section 609 of Public Law 101-162. The 
Department of State has communicated this information to the Office of 
Field Operations of U.S. Customs and Border Protection.

DATES: Effective Date: On Publication.

FOR FURTHER INFORMATION CONTACT: Stephen J. Wilger, Office of Marine 
Conservation, Bureau of Oceans and International Environmental and 
Scientific Affairs, Department of State, Washington, DC 20520-7818; 
telephone: (202) 647-3263; email: wilgersj2@state.gov.

SUPPLEMENTARY INFORMATION: Section 609 of Public Law 101-162 (``Section 
609'') prohibits imports of certain categories of shrimp unless the 
President certifies to the Congress by May 1, 1991, and annually 
thereafter, 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 (``the Department''). 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).
    Section 609 Certifications are determined on a national basis, 
rather than on a fishery by fishery basis within a particular country. 
In particular, Certifications under Section 609(b)(2)(C) are granted 
only in cases where no shrimp fishery in a particular country poses a 
threat of the incidental taking of sea turtles. Since there are other 
shrimp fisheries in which Spanish vessels operate that could pose a 
threat to sea turtles, the Department is not able to determine that 
Spain qualifies for a national Certification pursuant to this Section.
    Even in the absence of a national Certification, shrimp from non-
certified countries that meet one of a set of specific criteria may be 
imported into the United States provided that certain additional 
conditions are met. The relevant exception in this case can be found in 
Section I(B)(d) of the Department of State's Revised Guidelines for the 
Implementation of Section 609 of Public Law 101-162, which allows 
imports of:

    ``(d) Shrimp harvested in any other manner or under any other 
circumstances that the Department of State may determine, following 
consultation with the [NOAA/NMFS], does not pose a threat of the 
incidental taking of sea turtles.''

    The Department of State has consulted with NMFS and determined that 
imports of royal red shrimp (Menopenaeus robustus) from the Spanish 
Mediterranean shrimp trawl fleet may be imported into the United States 
pursuant to the Section I(B)(d) of the Department's implementing 
guidelines. Such imports must be accompanied by the State Department 
Form DS-2031 (``Shrimp Exporter's/Importer's Declaration'') and must 
indicate on the form that the import is eligible for importation into 
the United States by checking section 7(A)(4) 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.'' In 
addition, an official of the Government of Spain with knowledge of the 
method of harvest of the product must certify the DS-2031 forms 
accompanying any imports into the United States. All DS-2031 forms 
accompanying shrimp imports from Spain must be originals and signed by 
the competent domestic fisheries authority.

    Dated: March 25, 2014.
David A. Balton,
Deputy Assistant Secretary of State for Oceans and Fisheries, 
Department of State.
[FR Doc. 2014-07707 Filed 4-4-14; 8:45 am]
BILLING CODE 4710-09-P
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