The State Department has certified 39 nations and one economy as meeting the requirements of Section 609 of Public Law 101-162, thus allowing them to continue to export shrimp to the U.S. This list is unchanged from 2018.

Section 609 prohibits the importation of wild-caught shrimp or products from shrimp harvested with commercial fishing technology unless State certifies to Congress that (a) the harvesting nation has adopted a program governing the incidental taking of relevant species of sea turtles in the course of commercial shrimp harvesting that is comparable to the program in effect in the U.S. and has an average incidental take rate comparable to that of the U.S. or (b) 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. State makes certifications annually and bases them in part on verification visits to exporting countries.

Certified Nations. On April 23, 2019, State certified 13 nations as having sea turtle protection programs comparable to that of the U.S.: Colombia, Costa Rica, Ecuador, El Salvador, Gabon, Guatemala, Guyana, Honduras, Mexico, Nicaragua, Nigeria, Panama, and Suriname.

In addition, State certified 26 nations and one economy as having fishing environments that do not pose a danger to sea turtles. Of these, the Bahamas, Belize, China, the Dominican Republic, Fiji, Hong Kong, Jamaica, Oman, Peru, Sri Lanka, and Venezuela 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. Another 16 nations have shrimping grounds only in cold waters where the risk of taking sea turtles is negligible: Argentina, Belgium, Canada, Chile, Denmark, Finland, Germany, Iceland, Ireland, the Netherlands, New Zealand, Norway, Russia, Sweden, the United Kingdom, and Uruguay.

A completed form DS-2031, Shrimp Exporter’s/Importer’s Declaration, must accompany all shipments of shrimp and shrimp products from these countries.

Imports from Uncertified Nations. For shrimp and products of shrimp harvested with turtle excluder devices in an uncertified nation to be eligible for importation into the U.S. under the exemption for shrimp harvested by commercial shrimp trawl vessels using TEDs comparable in effectiveness to those required in the U.S., State must 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 ensure the accurate completion of the DS-2031 forms.

At this time, State has determined that only shrimp and shrimp products harvested in the following areas are eligible for entry under this provision. The importation of TED-caught shrimp from any other uncertified nation will not be allowed.

- Australia: northern prawn fishery, Queensland East Coast trawl fishery, Torres Strait prawn fishery

- French Guiana: domestic trawl fishery

- Malaysia: East Coast fishery of peninsular Malaysia

State has also determined that the following types of shrimp and products thereof may be imported into the U.S. under the exemption for shrimp harvested in a manner or under circumstances determined not to pose a threat of the incidental taking of sea turtles.

- shrimp harvested in the Spencer Gulf region in Australia

- shrimp harvested with mosquito nets in South Korea

- Mediterranean red shrimp harvested in the Mediterranean Sea by Spain

- shrimp harvested with shrimp baskets in Hokkaido, Japan

All DS-2031 forms accompanying shrimp imports from uncertified nations must be originals with the appropriate box checked and signed by a responsible government official of the harvesting nation.

Copyright © 2021 Sandler, Travis & Rosenberg, P.A.; WorldTrade Interactive, Inc. All rights reserved.

ST&R: International Trade Law & Policy

Since 1977, we have set the standard for international trade lawyers and consultants, providing comprehensive and effective customs, import and export services to clients worldwide.

View Our Services 


Cookie Consent

We use cookies on our website. By continuing to use our website, you agree to the Privacy Policy and Terms of Use.