WORLD TRADE
ORGANIZATIONWT/DS58/15/Add.3
9 November 1999
(99-4907)
Original:  English
UNITED STATES – IMPORT PROHIBITION OF
CERTAIN SHRIMP AND SHRIMP PRODUCTS
Status Report by the United States
Addendum
The following communication, dated 9 November 1999, from the Permanent Mission of the
United States to the Chairman of the Dispute Settlement Body, is circulated pursuant to Article 21.6
of the DSU.
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Status Report Regarding Implementati on of the Recommendations and Rulings
in the Dispute Regarding United States - Import Prohibition of
Certain Shrimp and Shrimp Products
On 25 November 1998, the United States informed  the Dispute Settleme nt Body (DSB) of its
intention to implement the recommendations and rulings of the DSB in connection with this matter
and to do so in a manner which is consistent with our firm commitment to the protection of
endangered species, including sea turtles.  At that time, the United States also advised the DSB that a
“reasonable period of time” would be required to complete this process.   On 21 January 1999, the
United States and the other parties to the dispute reached agreement on 13 months as a reasonableperiod for implementation.  Therefore, as provided for in Article 21.6 of the Understanding on Rules
and Procedures Governing the Settlement of Disputes , this fourth report on the status of our
implementation is being presented.
As noted in our first report, our implementation of the recommendations and rulings of the
DSB in this matter has several distinct elements and has and will continue to include opportunities for
input from the other parties to the dispute.  In our previous reports we provided detailed reports on the
status of our implementation efforts.  This report focuses on what has developed since our most recent
report.
It will be recalled that a key element of our implementation efforts has been an effort to
launch the negotiation of an agreement with the governments of the Indian Ocean region on the
protection of sea turtles in that region.   To that end, the United States Government actively
participated in a widely attended work shop on sea turtle conservation hosted by the Government of
Australia in Perth, Australia, from 19 to 22 October.  We are pleased to report that the Symposiumconcluded with a resolution, attached, agreeing to hold further consultations aimed at concluding an
instrument to be called the Indian Ocean and South-East Asian Regional Agreement on Conservation
and Management of Marine Turtles and their Habitats.  The resolution calls for efforts to initiate
negotiations within the first half of the year 2000.  We strongly welcome this cooperative effort and
will lend it our full support.WT/DS58/15/Add.3
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We would also recall our offer of technical training in the design, construction, installation
and operation of TEDs to any government that requests it.  Any government that wants to receive
such training need only make such a request to  the United States in writing, through diplomatic
channels.  The United States will make every effort to meet such requests.  Training programs will be
scheduled on a first come, first served basis, although special efforts will be made to accommodatenations whose governments are making efforts to adopt and maintain nation-wide TEDs programs and
who have not previously received such training.  In this connection, we have held discussions with the
Government of Thailand and are pleased to report that we have invited a team of specialists from the
Government of Thailand, as well as the Southeast Asia Fisheries Development Center (SEAFDEC), to
visit the National Marine Fisheries Laboratory in Pascagoula, Mississippi for additional training in the
use and maintenance of TEDs and related gear modi fications.  The State Department is also working
with the National Marine Fisheries Service on arrangements for a training/technology transfer seminarfor the Government of Pakistan, tentatively scheduled to be held in early 2000.WT/DS58/15/Add.3
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RESOLUTION
on developing a
Regional Agreement on the Conservation and Management of
Marine Turtles and their Habitats in the
Indian Ocean and South-East Asian Region
Representatives of Australia, Bangladesh, Cambodia, Comoros, India, Iran, Kenya,
Madagascar, Malaysia, Maldives, Mauritius, Mozambique, Oman, Pakistan, Philippines, Reunion
(French Department),  Seychelles, Sri Lanka, Tanzania, Thailand, United Arab Emirates and Vietnam
met in Perth, Australia from 19 to 22 October 1999.
The meeting was also attended and advised by experts from a number of nations, regional and
international organisations, namely the Convention on the Conservation of Migratory Species of Wild
Animals (CMS), the World Conservation Union (IUC N), the IUCN Marine Turtle Specialist Group,
the IUCN Commission on Environmental Law/Environmental Law Centre, the USA State
Department and National Marine Fisheries Service, the ASEAN Marine Turtle Technical Working
Group and the South-East Asian Fisheries Development Centre.
The representatives of the nations present:Aware  that the populations of the six species of marine turtles inhabiting the waters and
beaches of the Indian Ocean and South East Asia (the Region) are listed as vulnerable, endangered orcritically endangered on the IUCN Red List of Threatened Species;
Recognising  that the marine turtles occurring in the Region migrate and disperse over vast
distances, which makes their survival dependent on  their conservation over a wide area and in a wide
range of marine and coastal habitats;
Noting  that marine turtles are generally protected by laws of the nations of the Region and
that marine turtle conservation programs are be ing developed and implemented by many countries;
Noting  that marine turtles are listed in Appe ndices of the Convention on the Conservation of
Migratory Species of Wild Animals (CMS), the Convention on International Trade in Endangered
Species of Wild Fauna and Flora (CITES), the ASEAN Agreement on the Conservation of Nature andNatural Resources, the African Convention on the Conservation of Marine and Natural Resources and
the Nairobi Convention for the Protection, Management and Development of the Marine and Coastal
Environment of te Eastern African Region and related protocols;
Recognising  that other international instruments, including the United Nations Convention on
Law of the Sea (UNCLOS) and the Convention on Bi ological Diversity (CBD), have relevance to
conservation of marine turtles and their habitats in the Region;
Aware  that initiatives have been taken among groups of nations in the Region to develop
cooperative marine turtle conservation programs;
Noting  that communities in the Region value marine turtles for a wide range of reasons
including:  subsistence;  tourism;  cultural and religious purposes;  medicinal purposes;  education, as
flagship species;  indicating the state of health of marine habitats;  helping to maintain healthy
ecosystems;  as a significant component of marine biodiversity;  and for science and research;WT/DS58/15/Add.3
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Recognising that altering marine turtle management regimes has potential social and
economic impacts;
Recognising  the need to raise public awareness of the threatened status of marine turtles and
the consequences of human activities for marine turtle populations and their habitats;
Aware  that threats to marine turtles, including harvests of eggs and turtles, destruction or
modification of habitats including through coastal development and pollution, tourism, hatchery
operations, and incidental mortality of turtles including through fishing activities, could, if not
properly managed, lead to further decl ine in marine turtle populations;
Concerned  by the additional harm caused to marine turtles by actions that are not within the
jurisdiction of nations in the Region, including pollution from ships and distant water fishing
operations;
Acknowledging  the need for shared responsibility for the conservation and sustainable
management of marine turtle populations and their habitats;
Agreed that
− All parties would benefit from closer collaboration between coastal States of the region as
well as concerned States from outside the region and relevant inter-governmental, non-governmental and private sector organisations, to improve the conservation of marine turtles
and their habitats;
− An appropriate structure to facilitate this collaboration would be a new regional instrument,
with a small secretariat to coordinate actions under the agreement, working with nations and
with institutions in South-East Asia, Australa sia, the Northern Indian Ocean, the North-West
Indian Ocean and adjacent seas, and the Western Indian Ocean [as indicated in the attached
diagram];
− Further consultations should take place to reach consensus on ways in which appropriate
arrangements, mechanisms and structures to facilitate regional cooperation can best be
established and developed;
− These consultations should aim to conclude an  instrument (the Indian Ocean and South-East
Asian Regional Agreement on Conservation and Management of Marine Turtles and theirHabitats), possibly under the CMS, that:
• is non-binding, at least initially;
• builds on the existing cooperative arrangements between nations in the region;  and
• includes both parties and non-parties to the CMS, which is provided for under
Article V of the CMS;
− These consultations should build on the discussions documented in the report of this
consultation;WT/DS58/15/Add.3
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− The instrument could include the following key features:
• participation of nations within the Region in the ranges of the marine turtle
populations to be conserved, as well as other nations prepared to support regional marine
turtle conservation efforts;
• global recognition of the regional arrangement;
• agreed conservation measures to mitigate threats to marine turtles and degradation of
marine turtle habitat;
• national commitments to implementing the regional arrangement;
• provision for public participation in the implementation of the agreement;
• clear links to administrative structures and financial resources, including to
multilateral funding organisations, for implementing agreed actions;
• recognition of widely differing national and sub-regional circumstances, and
flexibility o provide for a rage of national and sub-regional approaches to marine turtle
conservation;
• recognition of the responsibilities of existing marine resource management
organisations in the Region; and
• provision for regular review of and improvement to strategies or agreements and their
implementation;
− The instrument could make provision for the following cooperative actions, inter alia:
• exchange of expertise, techniques and knowledge among nations, including
information about best practice approaches;
• cooperating on the following initiatives;
• involving stakeholders in marine turtle conservation and management;
• developing public awareness programs;
• developing retraining programs for communities and industry participants
affected by changes in marine turtle management regimes;
• collaborative research and monitoring on the conservation status of shared
populations of marine turtles, and the stability of marine turtle populations and their habitats;
• conducting studies to identify the threats to particular turtle populations, and best
practice approaches to minimising threats, including:
• developing mechanisms to minimize fisheries-related marine turtle
mortalities, and
• developing mechanisms, such as environmental impact assessments and
regional panning, to minimize the impact of coastal developments on turtlesand their habitats;WT/DS58/15/Add.3
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• standardising methods and levels of data collection and data dissemination among
parties;
• collaboration with international organisations;
• capacity building and strengthening existing institutions;
• developing best practice approaches to conservation;
• complementary implementation of threat reduction measures;
• assistance to nations to regulate trade in marine turtle products;
• assistance to nations to develop national programs for the protection, management
and conservation of marine turtles and their habitats;
− Efforts should be made to ensure that the nations of the Region meet within the first half of
2000 with a view to drafting and negotiating an instrument.
Dated this 22nd day of October 1999
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