[Federal Register Volume 62, Number 105 (Monday, June 2, 1997)]
[Notices]
[Page 29759]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14293]


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DEPARTMENT OF STATE

[Public Notice 2550]


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

SUMMARY: On May 1, 1997, the Department of State certified, pursuant to 
Section 609 of Public Law 101-162 (``Section 609''), that 14 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 certification earlier in 1997 of Nigeria and Brazil 
on these same grounds remains valid, so a total of 16 nations are 
currently certified on this basis. The Department also certified that 
the fishing environments in 24 other countries do 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, 1997 pursuant to Section 609.

EFFECTIVE DATE: June 2, 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 certain categories 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).
    The certifications of Nigeria, made on January 14, 1997, and of 
Brazil, made on April 2, 1997, remain valid. Both nations were 
certified on the grounds that they have adopted programs to reduce the 
incidental capture of sea turtles in such fisheries comparable to the 
program in effect in the United States. On May 1, 1997, the Department 
certified 14 additional nations on this basis: Belize, China, Costa 
Rica, El Salvador, Guatemala, Guyana, Honduras, Indonesia, Mexico, 
Nicaragua, Panama, Thailand, Trinidad and Tobago, and Venezuela. 
Ecuador and Colombia, certified on these grounds in 1996, did not 
retain their certifications because they failed to show that their 
regulations requiring the use of sea turtle excluder devices (TEDs) 
were being adequately enforced.
    The Department also certified 24 shrimp harvesting nations 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.
    Eight nations only harvest shrimp using small boats with crews of 
less than five that use manual rather than mechanical means to retrieve 
nets. Use of such small-scale technology does not adversely affect sea 
turtles. The eight nations are: the Bahamas, Brunei, the Dominican 
Republic, Haiti, Jamaica, Oman, Peru and Sri Lanka.
    Any shipment of shrimp harvested in Ecuador or Colombia with a 
recorded date of export prior to May 1, 1997 will be allowed entry into 
the United States even if it arrives on or after May 1, 1997. That is, 
shipments of shrimp harvested in these countries 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. The letter 
noted that the Department has informed U.S. importers and foreign 
nations that after May 1, 1997, the Exporter's/Importer's Declaration 
required to be submitted with all shrimp imports must be the latest 
version (OMB Approval No. 140-0095, expiration date 9-31-99). We have 
also notified Customs and foreign and domestic users of the DSP-121 
form that, in accordance with a U.S. Court of International Trade order 
of October 8, 1996, shrimp harvested with TEDs in uncertified nations 
may not be imported into the United States and that exemption 7.2 on 
the DSP 121 is not valid until further notice.

    Dated: May 15, 1997.
Mary Beth West,
Deputy Assistant Secretary for Oceans.
[FR Doc. 97-14293 Filed 5-30-97; 8:45 am]
BILLING CODE 4710-09-M