[Federal Register Volume 85, Number 84 (Thursday, April 30, 2020)]
[Notices]
[Pages 24074-24076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09185]


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DEPARTMENT OF STATE

[Public Notice: 11102]


Bureau of Oceans and International Environmental and Scientific 
Affairs; Annual Certification of Shrimp-Harvesting Nations

ACTION: Notice of annual certification.

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SUMMARY: On April 24, 2020, Keith J. Krach, the Under Secretary of 
State for Economic Growth, Energy, and the Environment declared that 
wild-caught shrimp harvested in the following nations, particular 
fisheries of certain nations, and Hong Kong are eligible to enter the 
United States: Argentina, Australia (Northern Prawn Fishery, the 
Queensland East Coast Trawl Fishery, the Spencer Gulf, and the Torres 
Strait Prawn Fishery), the Bahamas, Belgium, Belize, Canada, Chile, 
Colombia, Costa Rica, Denmark, the Dominican

[[Page 24075]]

Republic, Ecuador, El Salvador, Fiji, Finland, France (French Guiana), 
Gabon, Germany, Guatemala, Guyana, Honduras, Iceland, Ireland, Jamaica, 
Japan (shrimp baskets in Hokkaido), Republic of Korea (mosquito nets), 
Malaysia (Kelantan, Terengganu, Pahang, and Johor), Mexico, 
Netherlands, New Zealand, Nicaragua, Nigeria, Norway, Oman, Panama, 
Peru, Russia, Spain (Mediterranean red shrimp), Sri Lanka, Suriname, 
Sweden, the United Kingdom, and Uruguay. For nations, economies, and 
fisheries not listed above, only shrimp harvested from aquaculture is 
eligible to enter the United States. All shrimp imports into the United 
States must be accompanied by the DS-2031 Shrimp Exporter's/Importer's 
Declaration.

DATES: This certification is effective on April 30, 2020.

FOR FURTHER INFORMATION CONTACT: Joseph Fette, Section 609 Program 
Manager, Office of Marine Conservation, Bureau of Oceans and 
International Environmental and Scientific Affairs, Department of 
State, 2201 C Street, NW, Washington, DC 20520-2758; telephone: (202) 
647-2335; email: [email protected].

SUPPLEMENTARY INFORMATION: Section 609 of Public Law 101-162 (``Sec. 
609'') prohibits imports of wild-caught shrimp or products from shrimp 
harvested with commercial fishing technology unless the President 
certifies to the Congress by May 1, 1991, and annually thereafter, that 
either: (1) The harvesting nation has adopted a regulatory program 
governing the incidental taking of relevant species of sea turtles in 
the course of commercial shrimp harvesting that is comparable to that 
of the United States and that the average rate of that incidental 
taking by the vessels of the harvesting nation is comparable to the 
average rate of incidental taking of sea turtles by United States 
vessels in the course of such harvesting; or (2) the particular fishing 
environment of the harvesting nation does not pose a threat of the 
incidental taking of sea turtles in the course of shrimp harvesting. 
The President has delegated the authority to make this certification to 
the Secretary of State (``Secretary'') who further delegated the 
authority to the Under Secretary of State for Economic Growth, Energy, 
and the Environment (``Under Secretary''). The Department of State's 
(``Department'') Revised Guidelines for the Implementation of Section 
609 were published in the Federal Register on July 8, 1999, at 64 FR 
36946.
    On April 24, 2020, Under Secretary Keith J. Krach certified the 
following nations on the basis that their sea turtle protection 
programs are comparable to that of the United States: Colombia, 
Ecuador, El Salvador, Gabon, Guatemala, Guyana, Honduras, Mexico, 
Nicaragua, Nigeria, Panama, and Suriname. The Department changed the 
basis of certification for Costa Rica from Section 609(b)(2)(A) and (B) 
to Section 609(b)(2)(C), as noted below, due to a change in the method 
of harvesting shrimp. Under Secretary Krach also certified several 
shrimp-harvesting nations and one economy as having fishing 
environments that do not pose a danger to sea turtles. The following 
nations have shrimping grounds only in cold waters where the risk of 
taking sea turtles is negligible: Argentina, Belgium, Canada, Chile, 
Denmark, Finland, Germany, Iceland, Ireland, the Netherlands, New 
Zealand, Norway, Russia, Sweden, the United Kingdom, and Uruguay. The 
following nations and Hong Kong only harvest shrimp using small boats 
with crews of less than five that use manual rather than mechanical 
means to retrieve nets or catch shrimp using other methods that do not 
threaten sea turtles: The Bahamas, Belize, Costa Rica, the Dominican 
Republic, Fiji, Jamaica, Oman, Peru, and Sri Lanka. Use of such small-
scale technology does not adversely affect sea turtles. The Department 
suspended the certification of the People's Republic of China (``PRC'') 
due to the use of methods of harvesting shrimp that may adversely 
affect sea turtles. The Department certified Costa Rica pursuant to 
Section 609(b)(2)(C) because the current method of harvesting shrimp 
involves small boats with crews of less than five manually casting and 
retrieving nets. The Department suspended Venezuela's certification due 
to the inability to confirm whether its methods of harvesting shrimp 
may adversely affect sea turtles.
    A completed DS-2031 Shrimp Exporter's/Importer's Declaration (``DS-
2031'') must accompany all imports of shrimp and products from shrimp 
into the United States. Importers of shrimp and products from shrimp 
harvested in the certified nations and one economy listed above must 
either provide the DS-2031 form to Customs and Border Protection at the 
port of entry or provide the information required by the DS-2031 
through the Automated Commercial Environment. DS-2031 forms 
accompanying all imports of shrimp and products from shrimp harvested 
in uncertified nations and economies must be originals with Box 
7(A)(1), 7(A)(2), or 7(A)(4) checked, consistent with the form's 
instructions with regard to the method of harvest of the shrimp and 
based on any relevant prior determinations by the Department, and 
signed by a responsible government official of the harvesting nation. 
The Department did not determine that shrimp or products from shrimp 
harvested in a manner as described in 7(A)(3) in any uncertified nation 
or economy is eligible to enter the United States.
    Shrimp and products of shrimp harvested with turtle excluder 
devices (``TEDs'') in an uncertified nation may, under specific 
circumstances, be eligible for importation into the United States under 
the DS-2031 Box 7(A)(2) provision for ``shrimp harvested by commercial 
shrimp trawl vessels using TEDs comparable in effectiveness to those 
required in the United States.'' Use of this provision requires that 
the Secretary or his or her delegate determine in advance that the 
government of the harvesting nation has put in place adequate 
procedures to monitor the use of TEDs in the specific fishery in 
question and to ensure the accurate completion of the DS-2031 forms. At 
this time, the Department as determined that only shrimp and products 
from shrimp harvested in the Northern Prawn Fishery, the Queensland 
East Coast Trawl Fishery, and the Torres Strait Prawn Fishery in 
Australia, in the French Guiana domestic trawl fishery, and in the 
fisheries of Kelantan, Terengganu, Pahang, and Johor, Malaysia, are 
eligible for entry under this provision. The importation of TED-caught 
shrimp from any other uncertified nation will not be allowed. A 
responsible government official of Australia, France, or Malaysia must 
sign in Block 8 of the DS-2031 form accompanying these imports into the 
United States.
    In addition, the Department has determined that shrimp and products 
from shrimp harvested in the Spencer Gulf region in Australia, with 
shrimp baskets in Hokkaido, Japan, with ``mosquito'' nets in the 
Republic of Korea, and Mediterranean red shrimp (Aristeus antennatus) 
and products from that shrimp harvested in the Mediterranean Sea by 
Spain may be imported into the United States under the DS-2031 Box 
7(A)(4) provision for ``shrimp harvested in a manner or under 
circumstances determined by the Department of State not to pose a 
threat of the incidental taking of sea turtles.'' A responsible 
government official of Australia, Japan, the Republic of Korea, or 
Spain must sign in Block 8 of the DS-2031 form accompanying these 
imports into the United States.
    The Department has communicated these certifications and 
determinations

[[Page 24076]]

under Sec. 609 to the Office of International Trade of U.S. Customs and 
Border Protection.

Joseph A. Fette,
Section 609 Program Manager.
[FR Doc. 2020-09185 Filed 4-29-20; 8:45 am]
 BILLING CODE 4710-09-P