[Federal Register Volume 76, Number 106 (Thursday, June 2, 2011)]
[Notices]
[Page 32010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-13702]


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DEPARTMENT OF STATE

[Public Notice: 7490]


Certifications Pursuant to Public Law That 12 Nations Have 
Adopted Programs To Reduce the Incidental Capture of Sea Turtles in 
Their Shrimp Fisheries

SUMMARY: On April 22, 2011, the Department of State certified, pursuant 
to Section 609 of Public Law 101-162, that 12 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 
26 other countries and one economy, Hong Kong, do not pose a threat of 
the incidental taking of sea turtles protected under Section 609.

DATES: Effective Date: On Publication.

FOR FURTHER INFORMATION CONTACT: Marlene M. Menard, Office of Marine 
Conservation, Bureau of Oceans and International Environmental and 
Scientific Affairs, Department of State, Washington, DC 20520-7818; 
telephone: (202) 647-5827.

SUPPLEMENTARY INFORMATION: Section 609 of Public Law 101-162 (``Section 
609'') 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 (``the Department''). 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 April 22, 2011, the Department certified 12 nations on the basis 
that their sea turtle protection programs are comparable to that of the 
United States: Colombia, Ecuador, El Salvador, Guatemala, Guyana, 
Honduras, Mexico, Nicaragua, Nigeria, Pakistan, Panama, and Suriname.
    The Department also certified 26 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. Ten 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 10 nations and 
one economy are: the Bahamas, Belize, China, the Dominican Republic, 
Fiji, Hong Kong, Jamaica, Oman, Peru, Sri Lanka, and Venezuela.
    The Department certified Belize this year on a different basis than 
last year. Effective December 31, 2010, the Government of Belize passed 
a law banning all forms of trawling in its waters, including its 
exclusive economic zone. The ban remains in effect. As a result, the 
Department has certified Belize as a nation whose fishing environment 
does not pose a threat of the incidental taking of sea turtles.
    On April 22, 2011, the Department decertified Madagascar. In the 
absence of a legitimate constitutional government in Madagascar since 
the 2009 coup d'[eacute]tat, relations between the United States and 
the de-facto Malagasy authorities have been extremely limited. The 
Department of State and NOAA have been unable to conduct a Government 
of Madagascar sea turtle protection program verification visit since 
September 2008. Without the ability to independently verify whether 
Madagascar has a sea turtle protection program comparable to that of 
the United States, the Department is unable to certify Madagascar this 
year.
    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 Australia, Brazil 
and France. 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 Gulf 
Prawn Fishery, the Northern Prawn Fishery, the Queensland East Coast 
Trawl Fishery, and the Torres Strait Prawn Fishery are eligible for 
entry under this exemption. For France, shrimp harvested in the French 
Guiana domestic trawl 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: May 27, 2011.
David A. Balton,
Deputy Assistant Secretary of State for Oceans and Fisheries.
[FR Doc. 2011-13702 Filed 6-1-11; 8:45 am]
BILLING CODE 4710-09-P