[Federal Register Volume 62, Number 21 (Friday, January 31, 1997)]
[Notices]
[Page 4826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2369]



[[Page 4826]]

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DEPARTMENT OF STATE
Bureau of Oceans and International Environmental and Scientific Affairs
[Public Notice 2498]


Shrimp Import Certifications Pursuant to Section 609 of Public 
Law 101-162

January 21, 1997.
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 have 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 species of 
sea turtles protected under U.S. law and regulations. The Department 
also certified Honduras on August 1, 1996 and Thailand on November 8, 
1996. The Department was unable to issue certification on April 30 for 
China or Nigeria and, as a result, imports of shrimp harvested in China 
and Nigeria in a manner harmful to sea turtles were prohibited 
effective May 1, 1996. The Department of State subsequently issued 
certifications for China on December 23, 1996, and for Nigeria on 
January 1, 1997, and, as a result, the ban on shrimp imports from those 
two countries that had been in effect since May 1, 1996, was lifted.

EFFECTIVE DATE: January 31, 1997.

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 unless the President certifies to the Congress not 
later than 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 also certified Honduras on August 1, 1996 and 
Thailand on November 8, 1996. The Department of State was unable to 
certify China or Nigeria at that time. As a result, imports of shrimp 
from those countries that were harvested in ways harmful to sea turtles 
were prohibited pursuant to Public Law 101-162 effective May 1, 1996.
    The Department did not previously certify China because the Chinese 
government had not required all commercial shrimp trawl vessels subject 
to its jurisdiction that operated in waters where there is a likelihood 
of intercepting sea turtles to use fishing gear that is not harmful to 
sea turtles at all times. The Department of State has determined that 
China has now instituted such a requirement, based on documentation 
that China has provided which includes their law requiring the use of 
turtle excluder devices on gear which poses a threat of incidental 
capture of sea turtles. The Department of State, therefore, was able to 
certify to Congress that China has met the standards of Section 609 of 
Public Law 101-162.
    The Department did not previously certify Nigeria because it had 
not demonstrated that its sea turtle protection program was comparable 
to that of the United States, or that its specific fishing environment 
did not pose a threat to sea turtles. The Government of Nigeria has now 
provided documentary evidence of the adoption of a sea turtle 
protection program comparable to the program in the United States. On 
October 21, 1996 Nigeria's Ministry of Fisheries published a regulation 
requiring all shrimp trawl vessels operating in Nigerian waters to 
install sea turtle excluder devices on shrimp nets not later than 
December 31, 1996. The Department has verified that Nigeria's shrimp 
boats have TEDs in their nets and that Nigeria is pursuing effective 
enforcement of its TEDs regulation. The Department of State, therefore, 
was able to certify to Congress that Nigeria has met the standards of 
section 609 of Public Law 101-162.
    In a related matter, the Department's Form DSP-121, ``Shrimp 
Exporter's/Importer's Declaration,'' has been issued an extended 
approval from the Office of Management and Budget. The form has been 
approved in its current version until September 31, 1999. Respondents 
are required to complete the form when exporting shrimp and shrimp 
products to the United States under Sec. 609, and should begin using 
the form with the current approval and new expiration date immediately. 
Forms with the previous approval expiring July 31, 1996, should not be 
used after May 1, 1997. The approval expiration date is shown on the 
form in the upper right hand corner of the first page. Respondents 
should also note that exemption 7(A)(2) ``Harvested using TEDs'' is no 
longer valid and may not be used for export of shrimp and shrimp 
products to the United States under the requirements of Section 609. 
Copies of the form are available from the Department at the number 
above, or from any U.S. Embassy.

    Dated: January 21, 1997.
R. Tucker Scully,
Acting Deputy Assistant Secretary For Oceans.
[FR Doc. 97-2369 Filed 1-30-97; 8:45 am]
BILLING CODE 4710-09-M