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

• Published date: 30 April 2021
• Citation: 86 FR 23027
• Pages: 23027-23028
• FR Document: 2021-09077
• Section: Notices
• Issuer: State Department

Federal Register, Volume 86 Issue 82 (Friday, April 30, 2021)

[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