Legal Authorities

CONSERVATION OF SEA TURTLES; IMPORTATION OF SHRIMP

Pub. L. 101-162, title VI, Sec. 609, Nov. 21, 1989, 103 Stat.

1037, provided that:

"(a) The Secretary of State, in consultation with the Secretary

of Commerce, shall, with respect to those species of sea turtles

the conservation of which is the subject of regulations promulgated

by the Secretary of Commerce on June 29, 1987 -

"(1) initiate negotiations as soon as possible for the

development of bilateral or multilateral agreements with other

nations for the protection and conservation of such species of

sea turtles;

"(2) initiate negotiations as soon as possible with all foreign

governments which are engaged in, or which have persons or

companies engaged in, commercial fishing operations which, as

determined by the Secretary of Commerce, may affect adversely

such species of sea turtles, for the purpose of entering into

bilateral and multilateral treaties with such countries to

protect such species of sea turtles;

"(3) encourage such other agreements to promote the purposes of

this section with other nations for the protection of specific

ocean and land regions which are of special significance to the

health and stability of such species of sea turtles;

"(4) initiate the amendment of any existing international

treaty for the protection and conservation of such species of sea

turtles to which the United States is a party in order to make

such treaty consistent with the purposes and policies of this

section; and

"(5) provide to the Congress by not later than one year after

the date of enactment of this section [Nov. 21, 1989] -

"(A) a list of each nation which conducts commercial shrimp

fishing operations within the geographic range of distribution

of such sea turtles;

"(B) a list of each nation which conducts commercial shrimp

fishing operations which may affect adversely such species of

sea turtles; and

"(C) a full report on -

"(i) the results of his efforts under this section; and

"(ii) the status of measures taken by each nation listed

pursuant to paragraph (A) or (B) to protect and conserve such

sea turtles.

"(b)(1) In General. - The importation of shrimp or products from

shrimp which have been harvested with commercial fishing technology

which may affect adversely such species of sea turtles shall be

prohibited not later than May 1, 1991, except as provided in

paragraph (2).

"(2) Certification Procedure. - The ban on importation of shrimp

or products from shrimp pursuant to paragraph (1) shall not apply

if the President shall determine and certify to the Congress not

later than May 1, 1991, and annually thereafter that -

"(A) the government of the harvesting nation has provided

documentary evidence of the adoption of a regulatory program

governing the incidental taking of such sea turtles in the course

of such harvesting that is comparable to that of the United

States; and

"(B) the average rate of that incidental taking by the vessels

of the harvesting nation is comparable to the average rate of

incidental taking of sea turtles by United States vessels in the

course of such harvesting; or

"(C) the particular fishing environment of the harvesting

nation does not pose a threat of the incidental taking of such

sea turtles in the course of such harvesting."

-EXEC-

EXECUTIVE ORDER NO. 11911

Ex. Ord. No. 11911, Apr. 13, 1976, 41 F.R. 15683, which provided

that for purposes of the Convention on International Trade in

Endangered Species of Wild Fauna and Flora the Secretary of the

Interior be designated as the Management Authority and established

the Endangered Species Scientific Authority as the Scientific

Authority, with the Secretary of the Interior designated to act on

behalf of the United States in all regards as required by the

Convention on Nature Protection and Wildlife Preservation in the

Western Hemisphere, was revoked by Ex. Ord. No. 12608, Sept. 9,

1987, 52 F.R. 34617.

DELEGATION OF AUTHORITY REGARDING CERTIFICATION OF COUNTRIES

EXPORTING SHRIMP TO UNITED STATES

Memorandum of the President of the United States, Dec. 19, 1990,

56 F.R. 357, provided:

Memorandum for the Secretary of State

By virtue of the authority vested in me by the Constitution and

laws of the United States of America, including section 609 of the

Departments of Commerce, Justice, and State, the Judiciary, and

Related Agencies Appropriations Act, 1990 (Public Law 101-162) [set

out above], and section 301 of title 3 of the United States Code, I

hereby delegate to the Secretary of State the functions vested in

me by section 609(b) of that Act. The authority delegated by this

memorandum may be further redelegated within the Department of

State.

The Secretary of State is authorized and directed to publish this

memorandum in the Federal Register.

George Bush.

-End-