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