Organization, functions, and authority delegations: Shrimp trawl fishing; sea turtle protection guidelines; certification,

[Federal Register: October 27, 1999 (Volume 64, Number 207)]

[Notices]

[Page 57921]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr27oc99-121]

[[Page 57921]]

DEPARTMENT OF STATE

[Public Notice 3141]

Determination by the Department of State Regarding Shrimp Imports From the Spencer Gulf in Southern Australia

SUMMARY: The Department of State has determined that the harvesting of shrimp in the Spencer Gulf of southern Australia does not pose a threat of the incidental taking of sea turtles. Accordingly, the prohibitions on the importation of shrimp set forth in Section 609 of Public Law 101-162 do not apply to shrimp harvested in the Spencer Gulf.

EFFECTIVE DATE: October 27, 1999.

FOR FURTHER INFORMATION CONTACT: Mr. David Hogan, Office of Marine Conservation, Bureau of Oceans and International Environmental and Scientific Affairs, Department of State, Washington DC, telephone number (202) 647-2335.

SUPPLEMENTARY INFORMATION: Section 609 of Public Law 101-162 (``Section 609'') provides that shrimp harvested with commercial fishing technology that may adversely affect certain species of sea turtles may not be imported into the United States. This import prohibition does not apply to certain categories of shrimp harvested in ways that do not harm sea turtle species.

Following the publication by the Department of State of a notice in the Federal Register on July 8, 1999 (Public Notice 3086, 64 FR 36946), which revised the guidelines used by the Department in implementing Section 609, the relevant provisions of those guidelines specify that: ``B. Shrimp Harvested in a Manner Not Harmful to Sea Turtles

The Department of State has determined that the import prohibitions imposed pursuant to Section 609 do not apply to shrimp or products of shrimp harvested under the following conditions, since such harvesting does not adversely affect sea turtle species:

1. Shrimp harvested in an aquaculture facility in which the shrimp spend at least 30 days in a pond prior to being harvested.

2. Shrimp harvested by commercial shrimp trawl vessels using TEDs comparable in effectiveness to those required in the United States.

3. Shrimp harvested exclusively by means that do not involve the retrieval of fishing nets by mechanical devices, such as winches, pulleys, power blocks or other devices providing mechanical advantage, or by vessels using gear that, in accordance with the U.S. program described above, would not require TEDs.

4. Shrimp harvested in any other manner or under any other circumstances that the Department of State may determine, following consultation with the National Marine Fisheries Service, does not pose a threat of the incidental taking of sea turtles. The Department of State shall publish any such determinations in the Federal Register and shall notify affected foreign governments and other interested parties directly.'' (emphasis added.)

The Department of State hereby determines, following consultation with the National Marine Fisheries Service, that the harvesting of shrimp in the Spencer Gulf in southern Australia does not pose a threat of the incidental taking of sea turtles.

In requesting such a determination, the Government of Australia submitted information, including a report compiled by the South Australian Research and Development Institute, which contained evidence, described below, that commercial shrimp trawling operations in the Spencer Gulf do not pose a threat to sea turtles. This information, which was reviewed by the Office of Marine Conservation of the Department of State and the Office of Protected Resources of the National Marine Fisheries Service, includes a wide range of scientific, biological and commercial data.

In particular, the information submitted by the Government of Australia reflects diverse sources of data from long-term surveys-- fishery dependent and independent observer records, logbooks and records of sea turtle strandings. The data on sea turtle distribution and migrations are based on the credible research of scientists. The lack of nesting sites along the entire coast of southern Australia, as well as the near absence of stranded sea turtles, near-shore sea turtle sightings, and trawl-captured sea turtles since 1968 indicate that sea turtle abundance in the area is extremely low.

Accordingly, shrimp harvested in the Spencer Gulf are not subject to the import prohibitions imposed pursuant to Section 609. The Department of State has notified the U.S. Customs Service and other interested parties of this determination.

Dated: October 20, 1999. R. Tucker Scully, Deputy Assistant Secretary for Oceans, Fisheries and Space.

[FR Doc. 99-28089Filed10-26-99; 8:45 am]

BILLING CODE 4710-09-P