State Dept’s Annual List of Nations Certified to Export Shrimp to U.S.
The State Department has issued a press release announcing that on April 30, 2010, it certified 38 nations and Hong Kong as meeting the requirements set by Section 609 of Public Law 101-162 for continued importation of shrimp and products of shrimp (shrimp) into the U.S.
Sign up for a free preview to unlock the rest of this article
Export Compliance Daily combines U.S. export control news, foreign border import regulation and policy developments into a single daily information service that reliably informs its trade professional readers about important current issues affecting their operations.
(Section 609 prohibits importation of shrimp harvested in a manner that may adversely affect some sea turtle species. This import prohibition does not apply in cases where the State Department certifies annually to Congress, not later than May 1, that the government of the harvesting country has taken certain specific measures to reduce the incidental taking of sea turtles in its shrimp trawl fisheries - or that the fishing environment of the harvesting nation does not pose a threat to sea turtle species.)
38 Nations and Hong Kong Certified to Continue Exporting Shrimp to the U.S.
The 39 that are certified to continue exporting shrimp to the U.S. are divided into two lists below:
The State Department has certified that the following 13 nations require their commercial shrimp boats to use turtle excluder devices (TEDs), or something comparable, to prevent the accidental drowning of sea turtles in shrimp trawls and may therefore continue to export shrimp and shrimp products to the U.S.:
| Belize | Guyana |
| Colombia | Honduras |
| Ecuador | Madagascar |
| El Salvador | Nicaragua |
| Guatemala | Nigeria |
(Mexico has been decertified. Imports of wild-harvested shrimp from Mexico were banned effective April 20, 2010 as its TED program no longer met Section 609 standards. Note that Venezuela is now listed as using non-harmful means of catching shrimp. Last year it was listed as using TEDs or something comparable.)
The State Department adds that it has also certified that the following 25 nations and Hong Kong have either fishing environments or fishing methods that do not pose a danger to sea turtles and may therefore continue to export shrimp and shrimp products to the U.S.:
| Argentina | Peru |
| Bahamas | Russia |
| Belgium | Sri Lanka |
| Canada | Sweden |
| Chile | United Kingdom |
| China | Uruguay |
| Denmark | Venezuela |
State Department DS-2031 Form Must Accompany All Shrimp Imports
A State Department DS-2031 form signed by the exporter and importer must accompany all shrimp imports into the U.S.
Non-certified countries may import shrimp to the U.S., provided that a government official of the harvesting nation also certifies on the DS-2031 that the shrimp was harvested in a manner not harmful to sea turtles. A substantial amount of aquaculture and artisanal-produced product enters the U.S. stream of commerce in this manner.
Exception 7.A.(2) for Australia, Brazil, and French Guiana
The State Department notes that exception 7.A.(2) (Harvested using TEDs) on the DS-2031 form is currently a valid exception to the prohibition on imports from nations not certified under P.L. 101-162. However, the Department of State must determine in advance that a country wishing to use this exception has in place an enforcement and catch segregation system for making such individual shipment certifications.
Only Australia, Brazil, and French Guiana have shown that such a system is in place for specific fisheries.
(See ITT’s Online Archives or 03/29/10 news, (Ref: 10032920), for BP summary of State Dept’s ban of Mexico wild harvested shrimp. See ITT's Online Archives or 05/06/009 news, (Ref: 09050610), for BP summary of the State Dept's 2009 certification announcement.)
State Department press release (dated 05/04/10) available at http://www.state.gov/r/pa/prs/ps/2010/05/141477.htm