Second, certification shall be granted to harvesting nations that provide documentaryevidence of the adoption of a regulatory program governing the incidental taking of sea turtles in thecourse of shrimp trawling that is comparable to the United States program and where the average rateof incidental taking of sea turtles by their vessels is comparable to that of United States vessels.14According to the 1996 Guidelines, the Department of State assesses the regulatory program of theharvesting nation and certification shall be made if the program includes: (i) the required use ofTEDs that are "comparable in effectiveness to those used in the United States. Any exceptions to thisrequirement must be comparable to those of the United States program … "; and (ii) "a credibleenforcement effort that includes monitoring for compliance and appropriate sanctions."15 Theregulatory program may be in the form of regulations, or may, in certain circumstances, take the formof a voluntary arrangement between industry and government.16 Other measures that the harvestingnation undertakes for the protection of sea turtles will also be taken into account in making thecomparability determination.17 The average incidental take rate "will be deemed comparable if theharvesting nation requires the use of TEDs in a manner comparable to that of the U.S. program … .
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