VZCZCXRO7273
RR RUEHGR
DE RUEHSP #0067/01 0501903
ZNR UUUUU ZZH
R 191903Z FEB 09
FM AMEMBASSY PORT OF SPAIN
TO RUEHC/SECSTATE WASHDC 9696
INFO RUCPDOC/USDOC WASHDC
RUCNCOM/EC CARICOM COLLECTIVE

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. 
 
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2009 TEDs Visit Overview 
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¶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. 
 
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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