Dolphin-Safe

The last tuna super seiner to unload in California. The photo was taken in San Diego Bay in 2000. Photo: NOAA Fisheries

A dolphin-safe label is intended to show compliance with U.S. laws and regulations of tuna fishing operations.  The Dolphin Protection Consumer Information Act (16 U.S.C. §1385) describes the conditions in which tuna product may be labeled dolphin-safe in the United States. NOAA has implemented the Act by regulation, which among other things includes more specific documentary requirements; the regulations are codified at part 216, subpart H, of Title 50 of the Code of Federal Regulations.

Program News

NOAA Fisheries has launched an online tool to help seafood traders easily identify trade monitoring requirements for their products.  The Seafood Import and Export Tool assists users in determining which NOAA trade monitoring programs a specific product falls under based on user-provided information.

• Seafood Import and Export Tool

The NOAA Form 370 has been revised.

• The new expiration date is July 31, 2022.  Please begin using the latest version of the form.
• Download the new form here.  The latest version was posted on August 7, 2019.

United States Secures Final Win at the World Trade Organization (WTO) in Dolphin-safe Tuna Labeling Dispute with Mexico.

• Statement from the United States Trade Representative
• Findings and Conclusions of the December 2018 WTO Appellate Body Ruling
• WTO Dolphin-safe Tuna Trade Dispute Summary Page
• U.S. Statements at the WTO, January 11, 2019 (Dolphin-safe Tuna discussion begins on page 3)

Regulatory History

Due to the unique association between tuna and dolphins found only in the eastern Pacific Ocean, and because of the purse seine fishery that area supports, protecting dolphin stocks became a priority for the United States. As a result, the Dolphin Protection Consumer Information Act (16 U.S.C. §1385) was passed in 1990. One of its mandates was the establishment of a national tuna tracking program.

In 1999, the United States signed on as a Party to the Agreement on the International Dolphin Conservation Program (PDF, 23 pages). Among other things, the Agreement mandates the establishment of an international tracking program for tuna caught in the eastern Pacific Ocean.

The International Dolphin Conservation Program Act (PDF, 19 pages) amended the Marine Mammal Protection Act to make the objectives and requirements of the Agreement legally effective in the United States.

Related Federal Register Publications

• Taking and Importing of Marine Mammals (effectiveness of requirement for observer statements to accompany certain tuna products; effective January 23, 2017)
• Taking and Importing of Marine Mammals and Dolphin-Safe Tuna Products (determination of regular and significant mortality and serious injury of dolphins in certain gillnet fisheries; effective November 28, 2016)
  • Dolphin-safe compliance information for gillnet fisheries harvesting tuna by vessels flagged under the Governments of India, Iran, Mozambique, Pakistan, Oman, Saudi Arabia, Sri Lanka, Tanzania, the United Arab Emirates, and Yemen.
• Final Rule: Trade Monitoring Procedures for Fishery Products; International Trade in Seafood; Permit Requirements for Importers and Exporters (effective September 20, 2016)
• Enhanced Document Requirements and Captain Training Requirements to Support Use of the Dolphin Safe Label on Tuna Products (Dolphin-Safe labeling requirements; effective March 22, 2016)
• Determination That Italy Is Not a Large-Scale High Seas Driftnet Nation (effective June 4, 2015)
• Determination of Observer Programs as Qualified and Authorized by the Assistant Administrator for Fisheries (adoption of observer criteria; decision on qualified and authorized programs; effective August 13, 2014)

Related Code of Federal Regulations

• 50 CFR 216.24(f): Taking and related acts incidental to commercial fishing operations by tuna purse seine vessels in the eastern tropical Pacific Ocean
• 50 CFR 216 Subpart H: Dolphin Safe Tuna Labeling

Resources for Captains

In order for tuna to qualify as "dolphin-safe" in the United States, U.S. regulations require a written statement from the captain of the vessel, in most fisheries worldwide, certifying that no purse seine net or other fishing gear was intentionally deployed on or used to encircle dolphins during the fishing trip in which the tuna were caught, and that no dolphins were killed or seriously injured in the sets or other gear deployments in which the tuna were caught. For trips beginning on or after May 21, 2016, captains must also certify completion of the Dolphin-Safe Captain's Training Course. Learn about the Dolphin-Safe Captain's Training Course.

Additional Resources

• Captain Statement Templates
• Dolphin-Safe Captain's Training Course (English)
  • 点击此处通过简体中文获取信息 (Mandarin Chinese)
  • Klik di sini untuk informasi dalam bahasa Indonesia (Indonesian)
  • 日本語での情報についてはここをクリックしてください (Japanese)
  • 한국어로 된 정보는 여기를 클릭하세요 (Korean)
  • Haga clic aquí para obtener más información en español (Spanish)
  • I-click dito para sa impormasyon sa Tagalog (Tagalog)
  • คลิกที่นี่สําหรับข้อมูลในภาษาไทย (Thai)
  • Nhấp vào đây để biết về thông tin bằng tiếng Việt (Vietnamese)
• Additional Tuna Tracking and Verification Program Information 

Resources for Importers

Visit our Dolphin-Safe Certification and NOAA Form 370 pages for information on importing frozen and/or processed tuna and tuna products.

Additional Resources

• Information on NOAA Form 370 - Fisheries Certificate of Origin 
  • NOAA Form 370 (PDF, 2 pages) - version updated August 7, 2019, and expiring July 31, 2022
• NOAA Fisheries Seafood Import and Export Tool
• International Fisheries Trade Permit Application (*NOTE: new users must register an account to apply)
• Tuna Tracking and Verification Program
• Verification Components
• Harmonized Tariff Schedule for Selected Tuna and Tuna Products
• Current Harmonized Tariff Schedule
• Tuna/Dolphin Embargo Status Update

Other NOAA Fisheries Trade Monitoring Programs

• Seafood Import Monitoring Program

Resources for Customs Brokers

NMFS requires the submission of documentation and information supplemental to the Customs
and Border Protection (CBP) entry filing requirements for a number of seafood products, including those tuna and tuna products subject to the TTVP.

Prior to, or at the time of importation, the U.S. customs broker must submit a completed NMFS "PGA Message Set" via the U.S. CBP Automated Commercial Environment (ACE) system
containing select information found on the associated NOAA Form 370(s) and the Importer of
Record's International Fisheries Trade Permit (IFTP) number. Furthermore, a completed NOAA
Form 370(s) and associated certification(s) (i.e., captain, observer, and/or IDCP-member nation
certifications) must be submitted prior to, or at the time of importation, via the U.S. CBP ACE
Document Imaging System (DIS). The scanned NOAA Form 370 documentation can be
submitted either through the customs broker's respective entry filing software or via E-mail.
Either way, it is imperative that the appropriate Agency Code (NMF), Document Code (NMF-
01), and/or Document Label (NMF_NOAA_370_FCO_PKG) is used to ensure that the NMFS
TTVP receives the NOAA Form 370 and associated documentation. See the guidelines below for additional information.

Additional Resources

• NMFS PGA Message Set Guidelines
• ACE DIS Implementation Guidelines
• Harmonized Tariff Schedule for Selected Tuna and Tuna Products
• Current Harmonized Tariff Schedule
• Tuna/Dolphin Embargo Status Update

Background Resources 

• Annual Report on U.S. Tuna Cannery Receipts
• Dolphin Photo Gallery
• Dolphin Smart
• The Origins of California's High-Seas Tuna Fleet
• Tuna-Dolphin Issue (SWFSC)

Global Tuna Fishery

Found in temperate waters throughout the world's oceans, tuna is a much-sought-after global commodity. In the United States alone, the supply of canned tuna products was about 671 million pounds in 2016, with an estimated wholesale value of $1.2 billion. Tuna often migrate long distances, so international cooperation is needed to ensure sustainable management. There are several international management and research organizations and programs for the long-term conservation of tuna stocks and other highly migratory species.

Inter-American Tropical Tuna Commission (IATTC)

Established by international convention in 1950, the IATTC is responsible for the conservation and management of tuna and other species harvested in the eastern Pacific Ocean. The IATTC maintains a regional vessel register that lists all vessels authorized, by the Members, to fish in the Convention Area.

Agreement on the International Dolphin Conservation Program (AIDCP)

The AIDCP has been ratified or acceded by 13 states, including the United States, and is applied provisionally by another two. Among the objectives of the AIDCP are to reduce dolphin mortalities and ensure the long-term sustainability of the tuna stocks within the Agreement Area. Through the AIDCP, the International Tuna Tracking System (PDF, 5 pages) and the International Dolphin-Safe Certification System (PDF, 3 pages) have been established.

NOAA Fisheries’ West Coast Region staff are involved in the conservation of marine mammals and other resources affected by resolutions made through the AIDCP and IATTC. They serve as advisors and manage policy implementation for decisions made by the United States and the international community. Under the Marine Mammal Protection Act, NOAA Fisheries is responsible for managing the importation of tuna harvested with purse seine nets in the eastern tropical Pacific (ETP) into the United States. NOAA Fisheries issues an affirmative finding to a nation meeting requirements at 50 CFR 216.24(f)(8) in order to allow the importation of yellow-fin tuna products from that nation harvested in the ETP by purse seine gear. 

Learn more about the AIDCP on the IATTC's International Dolphin Conservation Program webpage 

Other International Organizations

• Commission for the Conservation of Southern Bluefin Tuna
• Indian Ocean Tuna Commission 
• International Commission for the Conservation of Atlantic Tunas 
• International Scientific Committee for Tuna and Tuna-like Species in the North Pacific Ocean
• Pacific Islands Forum Fisheries Agency 
• Secretariat of the Pacific Community (Oceanic Fisheries Programme)
• Western and Central Pacific Fisheries Commission

Frequent Questions

• Frequent Questions About the Dolphin-Safe Program
• Frequent Questions on the Applicability of Dolphin-Safe Requirements to Tuna Caught in the American Samoa Longline Fishery

Contact Us

Please contact us with questions about the Tuna Tracking and Verification Program or Dolphin-Safe labeling. 

This is the "official mark" designated by the U.S. Department of Commerce that may be used to label tuna products that meet the "dolphin-safe" standards set forth in the Dolphin Protection Consumer Information Act, 16 U.S.C. 1385, and implementing regulations at §216.91 through 216.94.

Learn more about the official mark.