Certifications Pursuant to Section 609 of Public Law 101-162, 16225 [2010-7221]
Download as PDF
Federal Register / Vol. 75, No. 61 / Wednesday, March 31, 2010 / Notices
Mexico’s turtle excluder device (TED)
program was not currently comparable
• Send paper comments in triplicate
to the United States program as required
to Elizabeth M. Murphy, Secretary,
by the statute. Withdrawal of Mexican
Securities and Exchange Commission,
certification is primarily a compliance
100 F Street, NE., Washington, DC
and environmental issue, but it does
20549–1090.
have trade implications. The United
All submissions should refer to File
States government is providing the
Number SR–NASDAQ–2010–039. This
Government of Mexico with detailed
file number should be included on the
technical recommendations and
subject line if e-mail is used. To help the capacity-building support with a view
Commission process and review your
to strengthening Mexico’s sea turtle
comments more efficiently, please use
protection program. Both governments
only one method. The Commission will will continue to actively seek further
post all comments on the Commission’s engagement opportunities to ensure
Internet Web site (https://www.sec.gov/
renewal of Mexican certification within
rules/sro.shtml). Copies of the
the shortest period of time consistent
submission, all subsequent
with the requirements of U.S. law.
amendments, all written statements
DATES: Effective Date: On publication.
with respect to the proposed rule
FOR FURTHER INFORMATION CONTACT:
change that are filed with the
James J. Hogan, III, Office of Marine
Commission, and all written
Conservation, Bureau of Oceans and
communications relating to the
International Environmental and
proposed rule change between the
Commission and any person, other than Scientific Affairs, Department of State,
Washington, DC 20520–7818; telephone:
those that may be withheld from the
(202) 647–2252.
public in accordance with the
SUPPLEMENTARY INFORMATION: Section
provisions of 5 U.S.C. 552, will be
609 of Public Law 101–162 prohibits
available for Web site viewing and
imports of certain categories of shrimp
printing in the Commission’s Public
unless the President certifies to the
Reference Room, 100 F Street, NE.,
Congress not later than May 1 of each
Washington, DC 20549, on official
year either: (1) That the harvesting
business days between the hours of 10
nation has adopted a program governing
a.m. and 3 p.m. Copies of such filing
also will be available for inspection and the incidental capture of sea turtles in
its commercial shrimp fishery
copying at the principal office of the
comparable to the program in effect in
Exchange. All comments received will
the United States and has an incidental
be posted without change; the
take rate comparable to that of the
Commission does not edit personal
United States; or (2) that the fishing
identifying information from
environment in the harvesting nation
submissions. You should submit only
does not pose a threat of the incidental
information that you wish to make
taking of sea turtles. The President has
available publicly. All submissions
delegated the authority to make this
should refer to File Number SR–
certification to the Department of State.
NASDAQ–2010–039, and should be
Revised State Department guidelines for
submitted on or before April 21, 2010.
making the required certifications were
For the Commission, by the Division of
published in the Federal Register on
Trading and Markets, pursuant to delegated
July 2, 1999 (Vol. 64, No. 130, Public
authority.9
Notice 3086).
Florence E. Harmon,
The Department of State has
Deputy Secretary.
communicated this decision under
[FR Doc. 2010–7107 Filed 3–30–10; 8:45 am]
Section 609 to the Office of Field
BILLING CODE 8011–01–P
Operations of U.S. Customs and Border
Protection.
This decision regarding withdrawal of
Mexico’s certification means that wildDEPARTMENT OF STATE
harvest shrimp from Mexico’s
[Public Notice 6938]
commercial trawl fisheries may not be
imported into the United States until
Certifications Pursuant to Section 609
Section 609 certification for Mexico can
of Public Law 101–162
be reinstated. A Department of State
DS–2031 form signed by the exporter
SUMMARY: On March 24, 2010, the
and importer must accompany all
Department of State notified Congress
shrimp imports into the United States.
that it had withdrawn Mexico’s
certification under United States Public If shrimp products are from a noncertified country, a government official
Law 101–162, Section 609, because
of the harvesting nation must also
9 17 CFR 200.30–3(a)(12).
certify the shrimp was caught without
jlentini on DSKJ8SOYB1PROD with NOTICES
Paper Comments
VerDate Nov<24>2008
19:40 Mar 30, 2010
Jkt 220001
PO 00000
Frm 00160
Fmt 4703
Sfmt 4703
16225
harming sea turtles. Users should check
boxes 7(A)(1) for aquaculture shrimp
products or 7(A)(3) for artisanal shrimp
products. Users should note that
exception 7.A.(2) on the form
‘‘Harvested Using TEDs,’’ while a
currently valid exception to the
prohibition on imports from nations not
certified under Public Law 101–162, is
only available once the Department of
State determines in advance that a
country wishing to use this exception
has in place an enforcement and catch
segregation system for making such
individual shipment certifications.
Presently, only Brazil and Australia
have shown that they have a system in
place for specific fisheries. Exception
7(A)(4) is for other case-by-case, special
circumstance determinations made by
the Department of State in advance. For
these reasons exceptions 7(A)(2) and
7(A)(4) are not applicable to imports of
wild-caught shrimp from Mexico.
Dated: March 24, 2010.
David A. Balton,
Deputy Assistant Secretary for Oceans and
Fisheries, Department of State.
[FR Doc. 2010–7221 Filed 3–30–10; 8:45 am]
BILLING CODE 4710–09–P
DEPARTMENT OF STATE
[Public Notice 6463]
U.S. Department of State Advisory
Committee on Private International
Law: Organization of American States
(OAS) Specialized Conference on
Private International Law (CIDIP) Study
Group
The OAS CIDIP Study Group will
hold another public meeting to continue
the discussion that began at the
December 15, 2009 and continued at
two additional meeting. This is not a
meeting of the full Advisory Committee.
In the context of the Seventh InterAmerican Specialized Conference on
Private International Law (CIDIP–VII),
the Committee on Juridical and Political
Affairs (CJAP) of the Permanent Council
of the OAS is carrying out work on
consumer rights as part of its program
on private international law. Three
proposals have been put forward: A
revised Brazilian draft convention on
applicable law that has recently been
expanded to include jurisdiction, a
Canadian draft model law on applicable
law and jurisdiction, and a United
States proposal (with several
components) for legislative guidelines/
model laws/rules to promote consumer
redress mechanisms such as small
claims tribunals, collective procedures,
on-line dispute resolution, and
E:\FR\FM\31MRN1.SGM
31MRN1
Agencies
[Federal Register Volume 75, Number 61 (Wednesday, March 31, 2010)]
[Notices]
[Page 16225]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-7221]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF STATE
[Public Notice 6938]
Certifications Pursuant to Section 609 of Public Law 101-162
SUMMARY: On March 24, 2010, the Department of State notified Congress
that it had withdrawn Mexico's certification under United States Public
Law 101-162, Section 609, because Mexico's turtle excluder device (TED)
program was not currently comparable to the United States program as
required by the statute. Withdrawal of Mexican certification is
primarily a compliance and environmental issue, but it does have trade
implications. The United States government is providing the Government
of Mexico with detailed technical recommendations and capacity-building
support with a view to strengthening Mexico's sea turtle protection
program. Both governments will continue to actively seek further
engagement opportunities to ensure renewal of Mexican certification
within the shortest period of time consistent with the requirements of
U.S. law.
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).
The Department of State has communicated this decision under
Section 609 to the Office of Field Operations of U.S. Customs and
Border Protection.
This decision regarding withdrawal of Mexico's certification means
that wild-harvest shrimp from Mexico's commercial trawl fisheries may
not be imported into the United States until Section 609 certification
for Mexico can be reinstated. A Department of State DS-2031 form signed
by the exporter and importer must accompany all shrimp imports into the
United States. If shrimp products are from a non-certified country, a
government official of the harvesting nation must also certify the
shrimp was caught without harming sea turtles. Users should check boxes
7(A)(1) for aquaculture shrimp products or 7(A)(3) for artisanal shrimp
products. Users should note that exception 7.A.(2) on the form
``Harvested Using TEDs,'' while a currently valid exception to the
prohibition on imports from nations not certified under Public Law 101-
162, is only available once the Department of State determines in
advance that a country wishing to use this exception has in place an
enforcement and catch segregation system for making such individual
shipment certifications. Presently, only Brazil and Australia have
shown that they have a system in place for specific fisheries.
Exception 7(A)(4) is for other case-by-case, special circumstance
determinations made by the Department of State in advance. For these
reasons exceptions 7(A)(2) and 7(A)(4) are not applicable to imports of
wild-caught shrimp from Mexico.
Dated: March 24, 2010.
David A. Balton,
Deputy Assistant Secretary for Oceans and Fisheries, Department of
State.
[FR Doc. 2010-7221 Filed 3-30-10; 8:45 am]
BILLING CODE 4710-09-P