Certifications Pursuant to Section 609 of Public Law 101-162, 36572-36573 [2014-15164]

Agencies

• DEPARTMENT OF STATE

[Federal Register Volume 79, Number 124 (Friday, June 27, 2014)]
[Notices]
[Pages 36572-36573]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-15164]


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DEPARTMENT OF STATE

 [Public Notice 8782]


Certifications Pursuant to Section 609 of Public Law 101-162

SUMMARY: On May 14 2014, the Department of State certified, pursuant to 
Section 609 of Public Law 101-162, that 14 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: Stephen J. Wilger, Office of Marine 
Conservation, Bureau of Oceans and International Environmental and 
Scientific Affairs, Department of State, Washington, DC 20520-7818; 
telephone: (202) 647-3263; email: wilgersj2@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 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 May 14, 2014, the Department certified 14 nations on the basis 
that their sea turtle protection programs are comparable to that of the 
United States: Colombia, Costa Rica, Ecuador, El Salvador, Gabon, 
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 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 must be originals and signed by the competent domestic 
fisheries authority.
    Shrimp harvested with turtle excluder devices (TEDs) in an 
uncertified nation may, under specific circumstances, 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.'' Use of this provision requires that the Department of State 
determine in advance that the government of the harvesting nation has 
put in place adequate procedures to monitor the use

[[Page 36573]]

of TEDS in the specific fishery in question and to ensure the accurate 
completion of the DS-2031 forms. At this time, the Department has made 
such a determination only with respect to specific and limited 
fisheries in Australia and France. Thus, the importation of TED-caught 
shrimp from any other uncertified nation will not be allowed. The prior 
determination for the northern shrimp fishery in Brazil was withdrawn 
as part of the May 14 decision, and shrimp harvested in the northern 
shrimp fishery are no longer 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 where 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 and Mediterranean red shrimp 
(Aristeus antennatus) harvested in the Mediterranean Sea by Spain 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 or Spain must certify the DS-2031 form accompanying these 
imports into the United States.

    Dated: June 13, 2014.
David A. Balton,
Deputy Assistant Secretary of State for Oceans and Fisheries, 
Department of State.
[FR Doc. 2014-15164 Filed 6-26-14; 8:45 am]
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