[Federal Register Volume 61, Number 164 (Thursday, August 22, 1996)]
[Notices]
[Pages 43395-43396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21461]


-----------------------------------------------------------------------

DEPARTMENT OF STATE
[Public Notice 2423]


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

August 7, 1996.
SUMMARY: On April 30, 1995, the Department of State certified, pursuant 
to section 609 of Public Law 101-162, that 36 countries with commercial 
shrimp trawl fisheries have adopted programs to reduce the incidental 
capture of sea turtles in such fisheries comparable to the program in 
effect in the United States and has an incidental take rate comparable 
to that of the United States, or that the fishing environment in the 
countries does not pose a threat of the incidental taking of

[[Page 43396]]

species of sea turtles protected under U.S. law and regulations. The 
Department was unable to issue a certification on April 30 for Honduras 
and, as a result, imports of shrimp harvested in Honduras in a manner 
harmful to sea turtles were prohibited effective May 1, 1996, pursuant 
to Public Law 101-162. The Department of State subsequently issued a 
certification for Honduras on August 1, 1996 and, as a result, the ban 
on shrimp imports that had been in effect since May 1, 1996, was 
lifted. In a related matter, the Department has determined that, 
beginning September 1, 1996, all shipments of shrimp and shrimp 
products, regardless of the date of export, will be subject to the 
provisions of section 609 of Public Law 101-162 and the Revised State 
Department Guidelines implementing that law.

EFFECTIVE DATE: August 22, 1996.

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 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. Revised State Department 
Guidelines for making the required certifications were published in the 
Federal Register on April 19, 1996 (61 FR 17342).
    On April 30, 1996, the Department of State certified that 36 shrimp 
harvesting nations have met, for the current year, the requirements of 
the law. The Department of State was unable to certify Honduras at that 
time. As a result, imports of shrimp from Honduras that were harvested 
in ways harmful to sea turtles were prohibited pursuant to Public Law 
101-162 effective May 1, 1996, due solely to substantial evidence that 
the requirement imposed on commercial shrimp trawl vessels in Honduras 
to use turtle excluder devices was not being properly enforced.
    More recent evidence demonstrates that a credible, reliable 
enforcement regime is once again in place in Honduras. The Department 
of State, therefore, was able to certify to Congress that Honduras has 
a regulatory program governing the incidental capture of sea turtles 
that is comparable to the program in effect in the United States.
    In another matter related to section 609 of Public Law 101-162, the 
Revised State Department Guidelines published in the Federal Register 
on April 19, 1996 (61 FR 17342) contained determination that import 
prohibitions imposed in 1996 pursuant to the law shall not apply to 
shipments of shrimp and products of shrimp with a date of export prior 
to May 1, 1996. Accordingly, such shipments that were in transit prior 
to May 1, 1996 have been permitted to enter the United States. The 
Department of State has now determined that, by August 31, 1996, 
sufficient time will have elapsed in which such shipments should have 
reached the United States. Beginning September 1, 1996, therefore, all 
shipments of shrimp and shrimp products to the United States will be 
subject to the provisions of section 609 of Public Law 101-162 and the 
Revised Guidelines, regardless of the date of export. These provisions 
require, among other things, that each such shipment be accompanied by 
a completed Shrimp Exporter's/Importer's Declaration (DSP-121, 
revised).

    Dated: August 7, 1996.
R. Tucker Scully,
Acting Deputy Assistant Secretary for Oceans.
[FR Doc. 96-21461 Filed 8-21-96; 8:45 am]
BILLING CODE 4710-09-M