Decisions of the Appellate Body of the World Trade Organization Current Survey United States--Import Prohibition of Certain Shrimp and Shrimp Products 2. Facts The panel was convened to examine a prohibition imposed by the United States on the importation of certain shrimp and shrimp products under section 609 of Public Law 101-162 ("section 609") and associated regulations and judicial decisions. Section 609 prohibited importation to the U.S. of shrimp harvested with commercial fishing technology that may adversely affect sea turtles. It also provided an exception for shrimp imported from states certified thereunder. The relevant portion of this exception, applicable where sea turtles are otherwise threatened, permits certification if the exporting state adopts a regulatory program governing the incidental taking of sea turtles comparable to that of the U.S. and with an average incidental taking rate comparable to U.S. vessels. This regulatory program would require “turtle excluder devices” to be used by commercial shrimp trawling vessels operating in areas where turtles are likely to be found.
	© 1990-2004 European Journal of International Law All comments and suggestions should be sent to webmaster This site is part of the Academy of European Law online, a joint partnership of the Jean Monnet Center at NYU School of Law and the Academy of European Law at the European University Institute. This file was last modified: Tuesday, October 14, 2003 01:14PM