[Federal Register Volume 65, Number 179 (Thursday, September 14, 2000)]
[Notices]
[Pages 55673-55674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-23638]


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DEPARTMENT OF STATE

[Public Notice 3416]


Determination by the Department of State Regarding Shrimp Imports 
From the Northern Prawn Fishery of Australia

SUMMARY: The Department of State has determined that shrimp harvested 
in Australia's Northern Prawn Fishery in Australia (``NPF'') are 
harvested in a manner that 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 Northern Prawn Fishery.

DATES: September 14, 2000.

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'') prohibits the importation of shrimp and products of shrimp 
harvested with commercial fishing technology that may adversely affect 
species of sea turtles protected under U.S. laws and regulations.
    The President delegated authority for implementing Section 609 to 
the Department of State. On April 19, 1996, in the exercise of this 
authority, the Department of State determined that the import 
prohibitions of Section 609 do not apply to shrimp harvested under 
certain conditions, since such harvesting does not adversely affect sea 
turtle species. The Department of State published 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 to elaborate these conditions.
    The relevant provisions of those guidelines follow:
    ``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 be being harvested.
    b. Shrimp harvested by commercial shrimp trawl vessels using TEDs 
comparable in effectiveness to those required in the United States. 
(emphasis added.)
    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.''
    The revision of the Department of State's guidelines also included 
a decision to undertake regular examinations of the procedures that 
governments of uncertified nations have put in place for verifying the 
accurate completion of the DSP-121 forms. TED-caught shrimp harvested 
in a nation without such procedures will not be permitted to enter the 
United States.\1\
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    \1\ On July 19, 2000 the U.S. Court of International Trade held 
that the Department's policy was on its face inconsistent with the 
terms of the statute, but declined to direct the Department to 
change its policy. Turtle Island Restoration Network, et al. v. 
Mallett, et al. (Court No. 98-09-02818) A decision on whether to 
appeal this case is currently pending. In the meantime, the 
Department is keeping in place its policy of permitting the imports 
of Ted-caught shrimp from countries that meet Department 
requirements.
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    The Government of Australia passed a law effective on April 15, 
2000, requiring the use of TEDs by all commercial shrimp trawl vessels 
operating in the Northern Prawn Fishery of Australia (``NPF''). Based 
on extensive information provided by the Government of Australia 
concerning this law and its implementation, and in consultation with 
the National Marine Fisheries Service, the Department has since 
determined that shrimp harvested in the NPF after April 15, 2000, meet 
the requirements for the exception relating to ``TED-caught'' shrimp.
    The Department and the National Marine Fisheries Service also sent 
a team of experts to visit the fishery to examine the TEDs in use there 
and to assess the Government of Australia's measures to ensure 
compliance with their TEDs regulation. The team found that the vessels 
in the fishery were equipped with TEDs that were comparable or of the 
same design as those used in the U.S. fishery, and these TEDs would 
therefore be comparable in effectiveness. The team also found that the 
Australian Fishery Management Authority has measures in place to ensure 
the use of TEDs and to make the certification on the DSP-121 (Shrimp 
Exporter's/Importers Declaration) that shrimp products from the fishery 
were harvested using TEDs.
    Consequently, shipments of Ted-caught shrimp from Australia 
harvested after April 15, 2000, in addition to shipments of TED-caught 
shrimp from Brazil, shall be allowed to enter the United States if 
accompanied by a properly completed DSP-121 form which includes the 
signature of an official of the harvesting country with direct 
knowledge of the method of harvest.


[[Page 55674]]


    Dated: September 8, 2000.
Mary Beth West,
Deputy Assistant Secretary for Oceans and Fisheries.
[FR Doc. 00-23638 Filed 9-13-00; 8:45 am]
BILLING CODE 4710-09-M