Certifications Pursuant to Section 609 of Public Law 101-162, 45285 [2013-18019]

Agencies

• DEPARTMENT OF STATE

[Federal Register Volume 78, Number 144 (Friday, July 26, 2013)]
[Notices]
[Page 45285]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-18019]


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DEPARTMENT OF STATE

[Public Notice 8391]


Certifications Pursuant to Section 609 of Public Law 101-162

SUMMARY: On May 2, 2013, the Department of State certified, pursuant to 
Section 609 of Public Law 101-162, that 13 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 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; email: menardmm@state.gov.

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 by May 1, 1991, and annually 
thereafter, either: (1) That the harvesting nation or economy 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 or economy 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 May 2, 2013, the Department certified 13 nations on the basis 
that their sea turtle protection programs are comparable to that of the 
United States: Colombia, Costa Rica, 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 fewer 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 of State has communicated the certifications under 
Section 609 to the Office of Field Operations of U.S. Customs and 
Border Protection.
    All DS-2031 forms accompanying shrimp imports from uncertified 
nations or economies must be originals and signed by the competent 
domestic fisheries authority.
    In order for shrimp harvested with turtle excluder devices (TEDs) 
in an uncertified nation or economy to be eligible for importation into 
the United States under the DS-2031 section 7(A)(2) provision for 
``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 or economy 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 or economy will not be 
allowed. For Brazil, only shrimp harvested in the northern shrimp 
fishery are eligible for entry under this provision. 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 provision. For France, 
shrimp harvested in the French Guiana domestic trawl fishery are 
eligible for entry under this provision. An official of the competent 
domestic fisheries authority for the country or economywhere the shrimp 
were harvested must sign the DS-2031 form accompanying these imports 
into the United States.
    In addition, the Department has determined that shrimp harvested in 
the Spencer Gulf region in Australia may be exported to the United 
States under the DS-2031 section 7(A)(4) provision 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 must certify 
the DS-2031 form accompanying these imports into the United States.

    Dated: July 22, 2013.
David A. Balton,
Deputy Assistant Secretary of State for Oceans and Fisheries, 
Department of State.
[FR Doc. 2013-18019 Filed 7-25-13; 8:45 am]
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