[Federal Register Volume 78, Number 144 (Friday, July 26, 2013)]
[Notices]
[Page 45285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18019]
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DEPARTMENT OF STATE
[Public Notice 8391]
Certifications Pursuant to Section 609 of Public Law 101-162
SUMMARY: On May 2, 2013, the Department of State certified, pursuant to
Section 609 of Public Law 101-162, 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
26 other countries and one economy 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: Marlene M. Menard, Office of Marine
Conservation, Bureau of Oceans and International Environmental and
Scientific Affairs, Department of State, Washington, DC 20520-7818;
telephone: (202) 647-5827; email: [email protected].
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 or economy 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 or economy 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).
On May 2, 2013, the Department certified 13 nations on the basis
that their sea turtle protection programs are comparable to that of the
United States: Colombia, Costa Rica, Ecuador, El Salvador, Guatemala,
Guyana, Honduras, Mexico, Nicaragua, Nigeria, Pakistan, Panama, and
Suriname. The Department also certified 26 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. Ten nations and one economy only
harvest shrimp using small boats with crews of fewer 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 10
nations and one economy are: the Bahamas, Belize, China, the Dominican
Republic, Fiji, Hong Kong, Jamaica, Oman, Peru, Sri Lanka, and
Venezuela.
The Department of State has communicated the certifications under
Section 609 to the Office of Field Operations of U.S. Customs and
Border Protection.
All DS-2031 forms accompanying shrimp imports from uncertified
nations or economies must be originals and signed by the competent
domestic fisheries authority.
In order for shrimp harvested with turtle excluder devices (TEDs)
in an uncertified nation or economy to be eligible for importation into
the United States under the DS-2031 section 7(A)(2) provision for
``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 or economy 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 or economy will not be
allowed. For Brazil, only shrimp harvested in the northern shrimp
fishery are eligible for entry under this provision. 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 are eligible for entry under this provision. For France,
shrimp harvested in the French Guiana domestic trawl fishery are
eligible for entry under this provision. An official of the competent
domestic fisheries authority for the country or economywhere the shrimp
were harvested must sign the DS-2031 form accompanying these imports
into the United States.
In addition, the Department has determined that shrimp harvested in
the Spencer Gulf region in Australia may be exported to the United
States under the DS-2031 section 7(A)(4) provision 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 must certify
the DS-2031 form accompanying these imports into the United States.
Dated: July 22, 2013.
David A. Balton,
Deputy Assistant Secretary of State for Oceans and Fisheries,
Department of State.
[FR Doc. 2013-18019 Filed 7-25-13; 8:45 am]
BILLING CODE 4710-09-P