SHRIMP-TURTLE: TRINIDAD & TOBAGO NOT RECERTIFIED UNDER

UNCLAS SECTION 01 OF 02 PORT OF SPAIN 000067 SENSITIVE SIPDIS FOR OES/OMC JAMES HOGAN, WHA/EPSC, WHA/CAR USDOC FOR NOAA - JEFF GEARHART, JACK FORRESTER, ERIC HAWK E.O. 12958: N/A TAGS: EFIS SENV ETRD TD SUBJECT: SHRIMP-TURTLE: TRINIDAD & TOBAGO NOT RECERTIFIED UNDER SECTION 609 OF P.L. 101-162 SENSITIVE BUT UNCLASSIFIED - PROTECT ACCORDINGLY ¶1. (SBU) SUMMARY: During their January 7-9 visit, OES and NOAA officials found that T&T continues to fall short of certification requirements for the Turtle Regulatory and Conservation Program. USG officers cited three reasons for their decision: use of Turtle Exclusion Devices (TEDs) is not uniform, penalties for TEDs violators are not enforced, and inspections are too infrequent. Though not a legal reason for exclusion, T&T's legal hunting season on leatherback turtles is an unfortunate inconsistency. The Director of Fisheries claims that T&T is committed to saving the leatherback turtles and will continue to work towards recertification. END SUMMARY. -------------- 2009 TEDs Visit Overview -------------- ¶2. (SBU) James Hogan of State/OES, and Eric Hawk and Jack Forrester of NOAA conducted the re-certification visit in order to determine if turtle protection measures in T&T were comparable to those in the U.S. GOTT lost its certification in 2005 due to improper implementation of the modern-standard 71 inch opening TED. The 2009 visit focused on three questions: Are TEDs being used, what is GOTT's enforcement regime, and when violations occur are enforcements carried out? USG officials conducted dockside visits at Orange Valley and an at-sea inspection of the Gulf of Paria and South Coast. When Fisheries encountered boats without TEDs or improperly installed TEDs, the crew was ordered to return to the docks immediately. They were told not to resume fishing until the TEDs were properly installed. No fines or penalties were enforced. Although T&T was not certified, USG officials complimented the Department of Fisheries on their committed and well-trained staff, forward movement on laws to support turtle conservation, and increased outreach to fishers, which has slightly increased the use of TEDs. -------------- USG Offers Advocacy Support -------------- ¶3. (SBU) The 2009 visit established a baseline for changes the U.S. will expect to see on the next visit. Fishers need training on how to use TEDs devices consistently, and Fisheries officers need to enforce existing sanctions and advocate for additional sanctions. 
USG officials cited Japan and Australia as examples of nations who, like the U.S., have made shrimp sales to domestic markets illegal if TEDs are not used properly. USG officials encouraged T&T to adopt regular use of TEDs in order to gain access to these export markets. -------------- Objections and Solutions -------------- ¶4. (SBU) When interviewed, Orange Valley Fishermen claimed the Fisheries Division had not explained that turtle conservation was the main objective of TEDs. Previously, fishers objected to TEDs use because they did not export shrimp to the U.S. Fishers also pointed to the existence of a legal turtle hunting season and the historical consumption of turtles in T&T. In response, a Fisheries officer stated "it is understood that [hunting of leatherback turtles] is illegal year round" even though it is not yet a law. When the Director of Fisheries bemoaned a lack of social scientific analysis of the effects of TEDs on fishers and their communities, NOAA visitors and ECONOFF offered to forward recent reports by the Wider Caribbean Sea Turtle Conservation Network (WIDECAST) and NOAA that addressed such issues. Additionally, TEDs are now easier to purchase in T&T, eliminating the excuse offered in previous years that there were no TEDs in country. The Fisheries Division now gives specifications to gear suppliers who sell TEDs through local distributors. NOAA recently produced a video entitled "How to Build your own TED," as equipment is key to a sustainable program. Fisheries personnel were encouraged to share this information with local fishers. Insufficient staff was also mentioned as limiting enforcement capability; the Fisheries Division is currently awaiting Cabinet approval to fund nine full-time inspectors. -------------- Legal Framework Needs Improvement -------------- ¶5. (SBU) Laws relating to fishers are extremely out of date. T&T's fisheries are currently regulated by the 1916 Fisheries Act. Under current laws boat owners are held responsible for captain's actions, unlike in the U.S. where both parties face penalties for violations. PORT OF SP 00000067 002 OF 002 Fishers are supposed to be fined TT$2,000 (US$320) for failure to properly use TEDs, but the fine does not increase for multiple violations. The Fisheries Division's 2009 legislative agenda includes the implementation of a licensing system, under Fisheries, in addition to the required watercraft registrations. ¶6. (SBU) COMMENT: Key elements are in place for the TEDs program to succeed in T&T, including public education of fishers, availability of TEDs, and well trained Fisheries inspectors. The missing elements include stronger sanctions, regular enforcement by Fisheries inspectors, and legislation to terminate turtle hunting season. END COMMENT KUSNITZ