HR 3442 IH
101st CONGRESS
1st Session
 H. R. 3442
To amend the Endangered Species Act of 1973 to ban the importation of shrimp
into the United States from nations whose fishing practices or other activities
adversely affect sea turtles.
IN THE HOUSE OF REPRESENTATIVES
October 11, 1989
Mr. HAYES of Louisiana (for himself, Mr. TAUZIN, Mr. ROE, Mr. GOSS,
Mr. LAUGHLIN, Mr. LIVINGSTON, Mr. FLIPPO, Mr. HUTTO, Mr. PERKINS, Mr. DYMALLY,
Mr. SMITH of Vermont, Mr. RAVENEL, Mr. FORD of Michigan, Mr. PAXON, and
Mr. LIPINSKI) introduced the following bill; which was referred to the
Committee on Merchant Marine and Fisheries
A BILL
To amend the Endangered Species Act of 1973 to ban the importation of shrimp
into the United States from nations whose fishing practices or other activities
adversely affect sea turtles.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. PROHIBITION OF IMPORTATION OF SHRIMP FROM NATIONS THAT ENDANGER
THE SURVIVABILITY OF SEA TURTLES.
  (a) PROHIBITION- Section 9 of the Endangered Species Act of 1973 (16
  U.S.C. 1538) is amended--
  (1) by redesignating subsection (g) as subsection (h); and
  (2) by inserting after subsection (f) the following:
  `(g) IMPORTATION OF SHRIMP- (1) It is unlawful for any person to import
  into the United States shrimp or shrimp products originating from a shrimp
  fishing vessel of any nation listed pursuant to paragraph (2).
  `(2) The Secretary of Commerce, in consultation with the Secretary of State,
  shall publish, and periodically update, a list of nations--
  `(A) whose shrimp fishing vessels, registered or licensed by such nations,
  harvest shrimp in waters populated by sea turtles and who do not require
  the use of turtle excluder devices by all such shrimp fishing vessels;
  `(B) which allow the taking of sea turtle eggs on beaches located in such
  nations; or
  `(C) which engage in other activities which adversely affect the ability
  of the sea turtle to survive or reproduce.
  `(3) For the purposes of this subsection--
  `(A) the term `turtle excluder device' means a device for excluding sea
  turtles from shrimp nets which is of a type approved by the National
  Marine Fisheries Service for use by shrimp fishing vessels registered in
  the United States; and
  `(B) the term `sea turtle' are those species of sea turtles listed under
  this Act as endangered or threatened species.'.
  (b) PENALTIES- Section 11 of that Act (16 U.S.C. 1540) is amended as follows:
  (1) CIVIL PENALTIES- In the first sentence of subsection (a)(1), by striking
  out `or (g)' and inserting in lieu thereof `, (g), or (h)'.
  (2) CRIMINAL PENALTIES- In the first sentence of subsection (b)(1), by
  striking out `or (g)' and inserting in lieu thereof `(g), or (h)'.
  (c) EFFECTIVE DATE- The Secretary of Commerce shall publish the initial
  list required by section 9(b)(2) of the Endangered Species Act of 1973
  (16 U.S.C. 1538(b)(2)), as added by the amendment made by subsection
  (a)(2), within   -days after the date of enactment of this Act.