[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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