Annual Section 609 Certification of Shrimp-Harvesting Nations

Content

ACTION:

Notice of annual determination and certification.

SUMMARY:

On April 10, 2026, the Department of State certified to

Congress that wild-caught shrimp and products from that shrimp harvested in the following nations and Hong Kong are eligible
to enter the United States: Argentina, the Bahamas, Belgium, Belize, Canada, Chile, Colombia, Costa Rica, the Kingdom of Denmark,
the Dominican Republic, Ecuador, El Salvador, Estonia, Fiji, Gabon, Germany, Guatemala, Guyana, Honduras, Iceland, Ireland,
Jamaica, Mexico, the Netherlands, New Zealand, Nicaragua, Nigeria, Norway, Oman, Panama, Russia, Sri Lanka, Suriname, Sweden,
the United Kingdom, and Uruguay. The Department of State determined that wild-caught shrimp harvested in particular fisheries
of certain nations and products from that shrimp are eligible to enter the United States: Australia (Northern Prawn Fishery,
the Queensland East Coast Trawl Fishery, the Spencer Gulf, and the Torres Strait Prawn Fishery), France (French Guiana), Italy
(giant red shrimp), Japan (shrimp baskets in Hokkaido), Republic of Korea (mosquito nets), and Spain (Mediterranean red shrimp).
For nations, economies, and fisheries not listed above, only shrimp harvested from aquaculture and products from that shrimp
are eligible to enter the United States. Shrimp and products from shrimp (products containing 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 April 21, 2026.

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: DS2031@state.gov.

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 10, 2026, 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, the Kingdom of 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, 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 harvested with turtle excluder devices (“TEDs”) and products from that shrimp 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 is accessible at the following link: https:// 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 the exporter from the harvesting nation and a responsible government official of the harvesting nation prior to export
from the harvesting nation.

The DS-2031 form must accompany the shipment through all stages of the export process, including any transformation of the
original product and any shipment through any intermediary 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. Consequently, 7(A)(3) may not be marked on any DS-2031 form.

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.

While Sec. 609 certification is a prerequisite for importing certain wild-caught shrimp and products from that shrimp into
the United States, it does not guarantee that the import will be allowed to enter the United States in all cases—shrimp and
products from shrimp from certified nations remain subject to any other applicable restrictions on entry that may be in place.

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.

Deirdre M. Warner-Kramer, Acting Director, Office of Marine Conservation, U.S. Department of State. [FR Doc. 2026-07676 Filed 4-20-26; 8:45 am] BILLING CODE 4710-09-P

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