[Federal Register Volume 87, Number 93 (Friday, May 13, 2022)]
[Notices]
[Pages 29425-29426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10378]


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DEPARTMENT OF STATE

[Public Notice 11726]


Annual Determination and Certification of Shrimp-Harvesting 
Nations

AGENCY: Bureau of Oceans and International Environmental and Scientific 
Affairs.

ACTION: Notice of annual determination and certification.

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SUMMARY: On May 3rd, 2022, the Department of State determined and 
certified 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, Estonia, Fiji, France (French Guiana), Gabon, Germany, 
Guatemala, Guyana, Honduras, Iceland, Ireland, Italy (giant red shrimp) 
Jamaica, Japan (shrimp baskets in Hokkaido), Republic of Korea 
(mosquito nets), Malaysia (Kelantan, Terengganu, Pahang, and Johor), 
Mexico, 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 determination and certification notice is effective on May 
13, 2022.

FOR FURTHER INFORMATION CONTACT: Jared Milton, 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) 
647-3263; 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 May 3rd, 2022, the Department certified the following nations 
pursuant to section 609(b)(2)(A) and (B) on the basis that they have 
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 such 
sea turtles by United States vessels in the course of such harvesting: 
Colombia, Ecuador, El Salvador, Gabon, Guatemala, Guyana, Honduras, 
Mexico, Nicaragua, Nigeria, Panama, and Suriname. The Department also 
certified pursuant to section 609(b)(2)(C) several shrimp-harvesting 
nations and one economy as having fishing environments that do not pose 
a threat to sea turtles, including the following nations with shrimping 
grounds only in cold waters where the risk of taking sea turtles is 
negligible: Argentina, Belgium, Canada, Chile, Denmark, Estonia 
(effective for Estonia with Date of Export June 1st and after), 
Germany, Iceland, Ireland, the Netherlands, New Zealand, Norway, 
Russia, Sweden, the United Kingdom, and Uruguay. Additionally, the 
Department certified pursuant to section 609(b)(2)(C) that 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 
pose a threat of incidental taking of sea turtles: The Bahamas, Belize, 
Costa Rica, the Dominican Republic, Fiji, Jamaica, Oman, Peru, and Sri 
Lanka.
    The Department has certified the above listed nations and Hong Kong 
pursuant to Sec. 609, and shrimp and products from shrimp are eligible 
for importation into the United States utilizing the Shrimp Exporter's/
Importer's Declaration (``DS-2031'') Box 7(B) provision for shrimp 
``harvested in the waters of a nation currently certified pursuant to 
Section 609 of P.L. 101-162.''
    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 in Malaysia, are 
eligible for entry under this provision. 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, shrimp and products of 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 may, under specific 
circumstances, be eligible for importation 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

[[Page 29426]]

taking of sea turtles.'' 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, Mediterranean red shrimp (Aristeus antennatus) and 
products from that shrimp harvested in the Mediterranean Sea in Spain, 
and giant red shrimp (Aristaeomorpha foliacea) and products from that 
shrimp harvested in Italy (effective for Italy with Dates of Export 
June 1st and after) may be imported into the United States under the 
DS-2031 Box 7(A)(4) provision. A responsible government official of 
Australia, Japan, the Republic of Korea, Spain, or Italy must sign in 
Block 8 of the DS-2031 form accompanying these imports into the United 
States.
    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 certified nations and Hong Kong 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. Importers of shrimp and products from shrimp 
from certified nations and Hong Kong should mark the box 7(B) provision 
for shrimp ``harvested in the waters of a nation currently certified 
pursuant to Section 609 of Public Law 101-162'' regardless of whether 
the shrimp is wild-caught or the product of aquaculture. DS-2031 forms 
accompanying all imports of shrimp and products from shrimp harvested 
in uncertified nations and economies, to include all fisheries with 
determinations, 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. The importation of wild-caught shrimp from 
any nation or fishery without a certification or determination will not 
be allowed.
    The Department has communicated these certifications and 
determinations under Sec. 609 to the Offices of Field Operations and of 
Trade at U.S. Customs and Border Protection.

Jared R. Milton,
Section 609 Program Manager, Department of State.
[FR Doc. 2022-10378 Filed 5-12-22; 8:45 am]
BILLING CODE 4710-09-P