[Federal Register Volume 74, Number 86 (Wednesday, May 6, 2009)]
[Notices]
[Pages 21048-21049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10497]


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DEPARTMENT OF STATE

[Public Notice: 6605]


 Bureau of Oceans, Environment and Science; Certifications 
Pursuant to Section 609 of Public Law 101-162

SUMMARY: On May 1, 2009, the Department of State certified, pursuant to 
Section 609 of Public Law 101-162 (``Section 609''), that 15 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 Department also certified that the fishing 
environments in 24 other countries and one economy, Hong Kong, 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, 2009 pursuant to Section 609.

DATES: Effective Date: On Publication.

FOR FURTHER INFORMATION CONTACT: James J. Hogan, III, Office of Marine 
Conservation, Bureau of Oceans and International Environmental and 
Scientific Affairs, Department of State, Washington, DC 20520-7818; 
telephone: (202) 647-2252.

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 July 2, 1999 
(Vol. 64, No. 130, Public Notice 3086).
    On May 1, 2009, the Department certified 15 nations on the basis 
that

[[Page 21049]]

their sea turtle protection programs are comparable to that of the 
United States: Belize, Colombia, Ecuador, El Salvador, Guatemala, 
Guyana, Honduras, Madagascar, Mexico, Nicaragua, Nigeria, Pakistan, 
Panama, Suriname, and Venezuela.
    The Department also certified 24 shrimp harvesting nations and one 
economy 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 and one economy only harvest 
shrimp using small boats with crews of less than five that use manual 
rather than mechanical means to retrieve nets, or catch shrimp using 
other methods that do not threaten sea turtles. Use of such small-scale 
technology does not adversely affect sea turtles. The eight nations and 
one economy are: the Bahamas, China, the Dominican Republic, Fiji, Hong 
Kong, Jamaica, Oman, Peru and Sri Lanka.
    The 2009 recommendation for certification changes Costa Rica's 
status by de-certifying that country. For several years, OES/OMC has 
been accumulating data, both through certification visits and from 
credible third-party sources suggesting that Costa Rica's program did 
not provide sanctions for TED violations that served as an effective 
deterrent against the failure to use TEDs. In meetings with senior 
Costa Rican fisheries officials during the December 2008 certification 
visit, the State Department representative stressed that without rapid 
remedial action Costa Rica's certification might be compromised. Costa 
Rican officials were aware of the issue and promised to resolve it 
early in 2009. However, the United States Embassy in San Jose reports 
that since that December visit Costa Rican authorities have not taken 
all the action they promised. Additionally, third parties, including 
Costa Rican Non-Governmental Organizations (NGOs), have written OES/OMC 
saying that TED violations in Costa Rica still go unpunished. Because 
of Costa Rica's ineffective enforcement mechanism for TEDs violations, 
the State Department has concluded that Costa Rica's regulatory program 
governing the incidental take of sea turtles is not currently 
comparable to that of the United States.
    The Department of State has communicated the certifications under 
Section 609 to the Office of Field Operations of U.S. Customs and 
Border Protection.
    In addition, this Federal Register Notice confirms that the 
requirement for all DS-2031 forms from uncertified nations must be 
originals and signed by the competent domestic fisheries authority. 
This policy change was first announced in a Department of State media 
note released on December 21, 2004. In order for shrimp harvested with 
Turtle Excluder Devices (TEDs) in an uncertified nation to be eligible 
for importation into the United States under the exemption: ``Shrimp 
harvested by commercial shrimp trawl vessels using TEDs comparable in 
effectiveness to those required in the United States'', the Department 
of State must determine in advance that the government of the 
harvesting nation has put in place adequate procedures to ensure the 
accurate completion of the DS-2031 forms. At this time, the Department 
has made such a determination only with respect to Brazil and 
Australia. Thus, the importation of TED-caught shrimp from any other 
uncertified nation will not be allowed. For Brazil, only shrimp 
harvested in the northern shrimp fishery are eligible for entry under 
this exemption. For Australia, shrimp harvested in the Exmouth, 
Northern Prawn Fishery and Torres Strait Fishery are eligible for entry 
under this exemption.
    In addition, the Department has already made a determination with 
regard to wild-harvest shrimp harvested in the Spencer Gulf region in 
Australia. This product may be exported to the U.S. using a DS-2031 
under the exemption for ``shrimp harvested in a manner or under 
circumstances determined by the Department of State not to pose a 
threat of the incidental taking of sea turtles.'' An official of the 
Government of Australia still also must certify the DS-2031.

    Dated: April 30, 2009.
Margaret F. Hayes,
Acting Deputy Assistant Secretary for Oceans and Fisheries, Department 
of State.
[FR Doc. E9-10497 Filed 5-5-09; 8:45 am]
BILLING CODE 4710-09-P