[Federal Register Volume 69, Number 140 (Thursday, July 22, 2004)]
[Notices]
[Page 43876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16733]


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DEPARTMENT OF STATE

[Public Notice 4774]


Determination by the Department of State Regarding Shrimp Imports 
From the Queensland East Coast Trawl Fishery, the Torres Strait Prawn 
Fishery, and the Exmouth Gulf Prawn Managed Fishery

SUMMARY: The Department of State has determined that shrimp harvested 
in Australia's Queensland East Coast Trawl Fishery, the Torres Strait 
Prawn Fishery, and the Exmouth Gulf Prawn Managed Fishery 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 these three fisheries.

EFFECTIVE DATE: Upon publication.

FOR FURTHER INFORMATION CONTACT: Mr. James Story, 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 turtles:
    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. 
(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 DS-2031 forms. TED-caught shrimp harvested 
in a nation without such procedures will not be permitted to enter the 
United States.
    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. 
This exemption still remains.
    Recently in Australia, the states of Western Australia and 
Queensland have joined with the Australian Government to mandate the 
use of TEDs in three additional discreet fisheries: Exmouth Gulf Prawn 
Managed Fishery, Queensland East Coast Trawl Fishery, and the Torres 
Strait Prawn Fishery. Based on the information provided by the 
Government of Australia concerning these regulations, and in 
consultation with the National Marine Fisheries Service which conducted 
a verification visit to these fisheries in April 2004, the Department 
has determined that shrimp harvested in these three additional 
fisheries meet the requirements for the exception relating to ``TED-
caught'' shrimp. Consequently, shipments of TED-caught shrimp from 
these three additional Australia fisheries harvested after June 3 
should be allowed to enter the United States if accompanied by a 
properly completed DS-2031 form which includes the signature of an 
official of the harvesting country with direct knowledge of the method 
of harvest.

    Dated: July 13, 2004.
David A. Balton,
Deputy Assistant Secretary for Oceans and Fisheries, Department of 
State.
[FR Doc. 04-16733 Filed 7-21-04; 8:45 am]
BILLING CODE 4710-09-P