[Federal Register Volume 60, Number 90 (Wednesday, May 10, 1995)]
[Notices]
[Page 24962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11450]



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DEPARTMENT OF STATE
Bureau of Oceans and International Environmental and Scientific Affairs
[Public Notice 2199]


Certifications Pursuant to Section 609 of Public Law 101-162

SUMMARY: On April 28, 1995, 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, Columbia, 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 28 for Suriname, Trinidad and Tobago, 
and French Guiana and, as a result, shrimp imports from these countries 
were prohibited effective May 1, 1995 pursuant to Public Law 101-162.

EFFECTIVE DATE: May 10, 1995.

FOR FURTHER INFORMATION CONTACT:
Hollis Summers, 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, Columbia, Costa Rica, French Guiana (EC), 
Guatemala, Guyana, Honduras, Mexico, Nicaragua, Panama, Suriname, 
Trinidad and Tbago, and Venezuela. On April 28, 1995, 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 Tabago, 
Suriname, and French Guiana. As a result, shrimp imports from Trinidad 
and Tabago were prohibited pursuant to Public Law 101-162 effective May 
1, 1995. 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 received a certification on April 28, 1995, were 
Belize, Brazil, Columbia, 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 countries, 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.
    In reviewing information for the purpose of making the 
certifications, the Department looked at three principal elements of 
each country's program: 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 the 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 future 
certifications on the third element, monitoring and enforcement of the 
TED requirement.

    Dated: April 28, 1995.
R. Tucker Scully,
Acting Deputy Assistant Secretary for Oceans.
[FR Doc. 95-11450 Filed 5-9-95; 8:45 am]
BILLING CODE 4710-09-M