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]


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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
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