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Bureau of Oceans and International Environmental and Scientific Affairs; Certifications Pursuant to Section 609 of Pub. L. 101-162

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

 

[Federal Register: June 4, 1998 (Volume 63, Number 107)]
[Notices]               
[Page 30550-30551]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04jn98-109]

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DEPARTMENT OF STATE

[Public Notice 2831]

 
Bureau of Oceans and International Environmental and Scientific 
Affairs; Certifications Pursuant to Section 609 of Pub. L. 101-162

May 19, 1998.
SUMMARY: On May 1, 1998, the Department of State certified, pursuant to 
Section 609 of Pub. L. 101-162 (``Section 609''), that 16 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 23 other countries 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, 
1998 pursuant to Section 609.

EFFECTIVE DATE: June 4, 1998.

FOR FURTHER INFORMATION CONTACT: Hollis Summers, Office of Marine 
Conservation, Bureau of Oceans and International Environmental and 
Scientific Affairs, Department of State, Washington, DC 20520-7818; 
telephone: (202) 647-2337.

SUPPLEMENTARY INFORMATION: Section 609 of Pub. L. 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 April 19, 1996 
(61 FR 17342).
    On May 1, 1998, the Department certified 16 nations on this basis: 
Belize, China, Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, 
Guyana, Honduras, Indonesia, Mexico, Nicaragua, Panama, Suriname, 
Thailand, and Trinidad and Tobago. Brazil and Nigeria, certified on 
these grounds in 1997, did not retain their certifications. Brazil and 
Venezuela failed to demonstrate their regulations requiring the use of 
sea turtle excluder devices (TEDs) were being adequately enforced; 
Nigeria did not respond to requests that a U.S. team be allowed to 
visit its shrimp fleet.
    The Department also certified 23 shrimp harvesting nations 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,

[[Page 30551]]

Denmark, Finland, Germany, Iceland, Ireland, the Netherlands, New 
Zealand, Norway, Russia, Sweden, the United Kingdom, and Uruguay. Seven 
nations 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 in using other methods that do not threaten sea turtles. 
Use of such small-scale technology does not adversely affect sea 
turtles. The seven nations are: the Dominican Republic, Fiji, Haiti, 
Jamaica, Oman, Peru and Sri Lanka. The Bahamas and Brunei, certified on 
these grounds in 1997, were not certified this year after it was 
established that Bahamian waters do not have enough shrimp to support a 
commercial shrimp fishery and that Brunei's commercial fishery harvests 
appreciable quantities of shrimp using methods that could threaten sea 
turtles. Last year neither exported shrimp to the United States,
    Any shipment of shrimp harvested in Brazil, Venezuela, Nigeria, the 
Bahamas or Brunei with a date of export therefrom prior to May 1, 1998 
will be allowed entry into the United States regardless of date of 
importation into the United States. That is, shipments of shrimp 
harvested in these countries in transit prior to the effective date of 
the ban are not barred from entry.
    The Department of State communicated the certifications under 
section 609 to the Office of Trade Operations of the United States 
Customs Service in a letter transmitted on May 1, 1998. The letter 
noted that the Department has informed U.S. importers and foreign 
nations that after May 1, 1997, the Exporter's/Importer's Declaration 
required to be submitted with all shrimp imports must be the latest 
version (OMB Approval No. 140-0095, expiration date 9-31-99). In 
addition, the United States Customs Service and foreign and domestic 
users of the DSP-121 form have been notified that, in accordance with a 
U.S. Court of International Trade order of October 8, 1996, shrimp 
harvested with TEDs in uncertified nations may not be imported into the 
United States and that exemption 7.2 on the DSP 121 is not valid until 
further notice.

    Dated: May 19, 1998.
R. Tucker Scully,
Acting Deputy Assistant Secretary For Oceans.
[FR Doc. 98-14787 Filed 6-3-98; 8:45 am]
BILLING CODE 4710-09-M

 
 

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