TUNA / DOLPHIN EMBARGO STATUS UPDATE

March 21, 2007

The Fisheries Certificate of Origin (NOAA Form 370), as revised July 2007, is required for shipments of tuna and tuna products identified by Harmonized Tariff Schedule item numbers under 50 CFR 216.24 from all nations. In some cases a Captain and observer statement or other certification is required to attest to the dolphin-safe status of the tuna shipment. In addition, embargoes of certain categories of yellowfin tuna are in effect. The National Marine Fisheries Service (NMFS) has notified U.S. Customs and Border Protection of the following determinations.

Primary Nations

A primary nation embargo may be imposed against any nation that harvests yellowfin tuna in the eastern tropical Pacific Ocean (ETP) using purse seine vessels that have more than 400 short tons (363 metric tons) carrying capacity if that nation has not received an affirmative finding from the Assistant Administrator for Fisheries, NMFS. Affirmative finding requirements and instructions for applying for an affirmative finding may be found at 50 CFR 216.24 (f). Other species of tuna caught in the ETP and yellowfin tuna caught in the ETP using a fishing method other than purse seining are not subject to tuna/dolphin embargoes.

Primary nation embargoes cover all yellowfin tuna or products derived from yellowfin tuna harvested in the ETP by purse seine vessels of, or exported from, the following nations:

Belize, Bolivia, Colombia, Guatemala, Honduras, Nicaragua, Panama, Vanuatu, and Venezuela.  Embargoed on October 3, 2000. These nations harvest yellowfin tuna in the ETP using purse seine vessels of over 363 metric tons carrying capacity, and they have not received affirmative findings from the Assistant Administrator for Fisheries, NMFS.

Peru. Embargoed on May 17, 2002. This nation harvests yellowfin tuna in the ETP using a purse seine vessel of over 363 metric tons carrying capacity and has not received an affirmative finding from the Assistant Administrator for Fisheries, NMFS..

Intermediary Nations Subject to Import Prohibitions

Currently, there are no intermediary nations identified by NMFS.

On August 19, 2000, the Assistant Administrator for Fisheries, removed the intermediary nation status of Costa Rica, Italy, and Japan, all of which had been embargoed as intermediary nations since January 31, 1992. This change in intermediary nation status is based on the lack of sufficient documentary evidence that Costa Rica, Italy, or Japan import, or have ever imported, yellowfin tuna or tuna products from nations subject to a direct ban under section 101 (a)(2)(B) of the Marine Mammal Protection Act.

Status of Yellowfin Tuna Embargoes

List of Primary and Secondary Countries

For general information concerning importing or exporting of tuna products please contact NOAA, NMFS, at (562) 980-4198 or (562) 980-4035, FAX (562) 980-4047.

1. Yellowfin tuna and yellowfin tuna products harvested by purse seine in the eastern tropical Pacific Ocean only.

The following countries have Affirmative Findings:

All Affirmative Findings are subject to annual review.

Contact: Chris Fanning