[Federal Register Volume 86, Number 82 (Friday, April 30, 2021)]
[Notices]
[Pages 23027-23028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09077]


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DEPARTMENT OF STATE

[Public Notice: 11419]


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 26, 2021, the Department of State 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 Republic, Ecuador, El Salvador, Fiji, 
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), the 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 4/30/2021.

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 within the Department of State (``Department''). The Revised 
Guidelines for the Implementation of Sec. 609 were published in the 
Federal Register on July 8, 1999, at 64 FR 36946.
    On April 26, 2021, the Department 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, Nicaragua, Nigeria, Panama, and Suriname. 
The Department suspended the certification of Mexico because its sea 
turtle protection program is no longer comparable to that of the United 
States. The Department 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, Germany, Iceland, Ireland, 
the Netherlands, New Zealand, Norway, Russia, Sweden, the United 
Kingdom, and Uruguay. Finland voluntarily withdrew its certification 
for lack of a shrimp fishery. 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.
    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 has 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

[[Page 23028]]

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 under Sec. 609 to the Trade 
Transformation Office at U.S. Customs and Border Protection.

David F. Hogan,
Acting Director, Office of Marine Conservation, Department of State.
[FR Doc. 2021-09077 Filed 4-29-21; 8:45 am]
BILLING CODE 4710-09-P