AMICUS BRIEF TO THE APPELLATE BODY ON UNITED STATES – IMPORT PROHIBITION Of Certain Shrimp and Shrimp Products

This amicus brief, submitted by the Center for International Environmental Law and other organizations, argues that United States import prohibitions on shrimp harvested without turtle excluder devices (TEDs) are consistent with WTO rules. The brief contends that these measures are justified under GATT Article XX as necessary for the conservation of endangered sea turtles, a goal supported by international environmental law and the principles of sustainable development.

• Sea turtle populations have declined dramatically, with all seven species threatened with extinction. Specific examples include the Kemp’s ridley, which saw nesting females at Rancho Nuevo, Mexico, drop from an estimated 40,000 in one day in 1947 to approximately 650 for the entire season by 1988.
• Mechanized shrimp trawling is identified as a primary cause of sea turtle mortality, particularly for large juveniles and adults who are critical for population recovery. In the United States, this activity is said to kill more sea turtles than all other human activities combined.
• Turtle excluder devices (TEDs) are presented as the only effective means of protecting sea turtles while allowing shrimping to continue. TEDs developed by the National Marine Fisheries Service exclude 97 percent of entrained sea turtles and reduce finfish bycatch by 50-60 percent.
• Alternative conservation methods, such as 'headstarting' (raising hatchlings in captivity) and tow-time restrictions, are deemed ineffective. Headstarting has a high cost per turtle ($175 to $400) and rarely results in nesting adults, while tow-time restrictions are described as virtually unenforceable.
• The United States has attempted to disseminate TED technology globally to avoid protectionist charges, conducting over 50 workshops and transferring technology to approximately 30 countries, including India and Indonesia.
• The brief argues that Section 609 is narrowly tailored and does not disrupt trade. It notes that U.S. shrimp imports in 1996 remained within one percent of the 1993-1995 average, and the price of imported shrimp actually decreased from $9.52 per kilogram in 1995 to $9.30 in 1996.
• The U.S. measures are argued to be consistent with GATT Article XX(g) because sea turtles are 'exhaustible natural resources' and the import restrictions are applied in conjunction with domestic requirements for U.S. shrimping fleets.
• The brief asserts that the measures align with international law principles of sustainable development, including the precautionary principle, the duty to prevent transboundary environmental harm, and the principle of common but differentiated responsibilities.
• The brief contends that the WTO's Dispute Settlement Understanding (DSU) permits the acceptance of amicus briefs from civil society to ensure an 'objective assessment' of facts and to support the objective of sustainable development.

APA

Center for International Environmental Law (1999). AMICUS BRIEF TO THE APPELLATE BODY ON UNITED STATES – IMPORT PROHIBITION Of Certain Shrimp and Shrimp Products. https://www.ciel.org/wp-content/uploads/2015/03/shrimpturtlebrief.pdf

Chicago

Center for International Environmental Law. AMICUS BRIEF TO THE APPELLATE BODY ON UNITED STATES – IMPORT PROHIBITION Of Certain Shrimp and Shrimp Products. 1999. https://www.ciel.org/wp-content/uploads/2015/03/shrimpturtlebrief.pdf.

Wikipedia

{{cite report |author=Center for International Environmental Law |title=AMICUS BRIEF TO THE APPELLATE BODY ON UNITED STATES – IMPORT PROHIBITION Of Certain Shrimp and Shrimp Products |date=1999 |url=https://www.ciel.org/wp-content/uploads/2015/03/shrimpturtlebrief.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centerforinternationalenvironmentallaw1999amicus, author = {{Center for International Environmental Law}}, title = {{AMICUS BRIEF TO THE APPELLATE BODY ON UNITED STATES – IMPORT PROHIBITION Of Certain Shrimp and Shrimp Products}}, institution = {Center for International Environmental Law}, year = {1999}, url = {https://www.ciel.org/wp-content/uploads/2015/03/shrimpturtlebrief.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }