[Federal Register Volume 64, Number 207 (Wednesday, October 27, 1999)]
[Notices]
[Page 57921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-28089]



[[Page 57921]]

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DEPARTMENT OF STATE

[Public Notice 3141]


Determination by the Department of State Regarding Shrimp Imports 
From the Spencer Gulf in Southern Australia

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SUMMARY: The Department of State has determined that the harvesting of 
shrimp in the Spencer Gulf of southern Australia does not pose a threat 
of the incidental taking of sea turtles. Accordingly, the prohibitions 
on the importation of shrimp set forth in Section 609 of Public Law 
101-162 do not apply to shrimp harvested in the Spencer Gulf.

EFFECTIVE DATE: October 27, 1999.

FOR FURTHER INFORMATION CONTACT: Mr. David Hogan, Office of Marine 
Conservation, Bureau of Oceans and International Environmental and 
Scientific Affairs, Department of State, Washington DC, telephone 
number (202) 647-2335.

SUPPLEMENTARY INFORMATION: Section 609 of Public Law 101-162 (``Section 
609'') provides that shrimp harvested with commercial fishing 
technology that may adversely affect certain species of sea turtles may 
not be imported into the United States. This import prohibition does 
not apply to certain categories of shrimp harvested in ways that do not 
harm sea turtle species.

    Following the publication by the Department of State of a notice in 
the Federal Register on July 8, 1999 (Public Notice 3086, 64 FR 36946), 
which revised the guidelines used by the Department in implementing 
Section 609, the relevant provisions of those guidelines specify that:
``B. Shrimp Harvested in a Manner Not Harmful to Sea Turtles
    The Department of State has determined that the import prohibitions 
imposed pursuant to Section 609 do not apply to shrimp or products of 
shrimp harvested under the following conditions, since such harvesting 
does not adversely affect sea turtle species:
    a. Shrimp harvested in an aquaculture facility in which the shrimp 
spend at least 30 days in a pond prior to being harvested.
    b. Shrimp harvested by commercial shrimp trawl vessels using TEDs 
comparable in effectiveness to those required in the United States.
    c. Shrimp harvested exclusively by means that do not involve the 
retrieval of fishing nets by mechanical devices, such as winches, 
pulleys, power blocks or other devices providing mechanical advantage, 
or by vessels using gear that, in accordance with the U.S. program 
described above, would not require TEDs.
    d. Shrimp harvested in any other manner or under any other 
circumstances that the Department of State may determine, following 
consultation with the National Marine Fisheries Service, does not pose 
a threat of the incidental taking of sea turtles. The Department of 
State shall publish any such determinations in the Federal Register and 
shall notify affected foreign governments and other interested parties 
directly.'' (emphasis added.)
    The Department of State hereby determines, following consultation 
with the National Marine Fisheries Service, that the harvesting of 
shrimp in the Spencer Gulf in southern Australia does not pose a threat 
of the incidental taking of sea turtles.
    In requesting such a determination, the Government of Australia 
submitted information, including a report compiled by the South 
Australian Research and Development Institute, which contained 
evidence, described below, that commercial shrimp trawling operations 
in the Spencer Gulf do not pose a threat to sea turtles. This 
information, which was reviewed by the Office of Marine Conservation of 
the Department of State and the Office of Protected Resources of the 
National Marine Fisheries Service, includes a wide range of scientific, 
biological and commercial data.
    In particular, the information submitted by the Government of 
Australia reflects diverse sources of data from long-term surveys--
fishery dependent and independent observer records, logbooks and 
records of sea turtle strandings. The data on sea turtle distribution 
and migrations are based on the credible research of scientists. The 
lack of nesting sites along the entire coast of southern Australia, as 
well as the near absence of stranded sea turtles, near-shore sea turtle 
sightings, and trawl-captured sea turtles since 1968 indicate that sea 
turtle abundance in the area is extremely low.
    Accordingly, shrimp harvested in the Spencer Gulf are not subject 
to the import prohibitions imposed pursuant to Section 609. The 
Department of State has notified the U.S. Customs Service and other 
interested parties of this determination.

    Dated: October 20, 1999.
R. Tucker Scully,
Deputy Assistant Secretary for Oceans, Fisheries and Space.
[FR Doc. 99-28089 Filed 10-26-99; 8:45 am]
BILLING CODE 4710-09-P