[Federal Register Volume 79, Number 66 (Monday, April 7, 2014)]
[Notices]
[Page 19166]
From the Federal Register Online via the Government Publishing 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: [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 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