[Federal Register Volume 89, Number 113 (Tuesday, June 11, 2024)]
[Notices]
[Pages 49254-49255]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12763]


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DEPARTMENT OF STATE

[Public Notice: 12414]


Annual Determination and Certification of Shrimp-Harvesting 
Nations

AGENCY: Bureau of Oceans and International Environmental and Scientific 
Affairs, State Department.

ACTION: Notice of annual determination and certification.

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SUMMARY: On May 23, 2024, 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 June 
11, 2024.

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 23, 2024, 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 only 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

[[Page 49255]]

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 Pubic 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 using TEDs 
comparable in effectiveness to those in the United States, as 
determined by the U.S. Department of State.'' 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.
    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 not to pose a threat of the incidental taking of 
sea turtles, as determined by the U.S. Department of State.'' 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 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 must 
accompany all imports of shrimp and products from shrimp into the 
United States. The DS-2031 form was recently revised, and the current 
version is accessible at the following link: https://eforms.state.gov/Forms/ds2031.PDF. 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 P.L. 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 or 
products from that 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.

David F. Hogan,
Director, Office of Marine Conservation, Department of State.
[FR Doc. 2024-12763 Filed 6-10-24; 8:45 am]
BILLING CODE 4710-09-P