[Federal Register Volume 88, Number 101 (Thursday, May 25, 2023)]
[Notices]
[Pages 33953-33954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11115]


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DEPARTMENT OF STATE

[Public Notice: 12086]


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

ACTION: Notice of annual determination and certification.

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SUMMARY: On May 12th, 2023, the Department of State determined and 
certified to Congress 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), 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 
25, 2023.

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 12th, 2023, the Department certified to Congress 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, 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 Public Law 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, and in the French Guiana domestic trawl fishery of France 
are eligible for entry under this provision. A responsible government 
official of Australia or France must sign in Block 8 of the DS-2031 
form accompanying these imports into the United States. The Department 
suspended the determinations for the Malaysian states of Kelantan, 
Terengganu, Pahang, and Johor (effective for Malaysia with Dates of 
Export June 1st and after).
    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 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

[[Page 33954]]

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 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.

Maxine A. Burkett,
Deputy Assistant Secretary for Oceans, Fisheries, and Polar Affairs, 
Department of State.
[FR Doc. 2023-11115 Filed 5-24-23; 8:45 am]
BILLING CODE 4710-09-P