Form NOAA Form 370 NOAA Form 370 Fisheries Certificate of Origin

Fisheries Certificate of Origin

NOAA Form 370

Fisheries Certificate of Origin

OMB: 0648-0335

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NOAA Form 370
OMB#: 0648-0335
APPROVAL EXPIRES: July 31, 2022

Fisheries Certificate of Origin

1. CUSTOMS ENTRY IDENTIFICATION
___________________________________
Customs Entry Number (11 digits)

U.S. DEPARTMENT OF COMMERCE
N A TIO N A L O C E A N IC A N D A TM O S P H E R IC A D M IN IS TR A TIO N

___________________________________
Date of Entry (YYYY-MM-DD)

N A TIO N A L M A R IN E FIS H E R IE S S E R V IC E (N M F S )

2. EXPORTER (Name and Address)

3. IMPORTER (Name and Address)

Telephone Number:

Telephone Number:

4. DESCRIPTION OF FISH
U.S. Harmonized Tariff Schedule (HTS)
Number, Species Description, and Product Form

W eight
(kg.)

Ocean
Area

Fishing
Gear

Vessel
Flag

Trip Dates
(YYYY-MM-DD)

Begin Date

Vessel Name

End Date

5. DOLPHIN-SAFE STATUS - Check next to the dolphin-safe status statement that applies to the tuna product. Descriptions for each status are given below.

5A

5B1

5B2

5B3

5B4

5B5

5A. The tuna or tuna products described herein are not certified to be dolphin safe and contain no marks or labels that indicate otherwise.
5B. The tuna or tuna products described herein are certified to be dolphin safe:
5B1: Tuna not harvested with a purse seine net, and not harvested in any fishery that has been identified by the Assistant Administrator as causing a
regular and significant mortality or serious injury of dolphins and/or a regular and significant association between dolphins and tuna, with valid
documentation by:(1) the captain of the vessel and, where applicable, by either a qualified and authorized observer or by an authorized representative of a
nation participating in the observer program, certifying that no purse seine net or other fishing gear was intentionally deployed on or used to encircle
dolphins during the fishing trip and that no dolphins were killed or seriously injured in the sets or other gear deployments in which the tuna were caught
and; (2) by the captain of the vessel certifying completion of the NMFS dolphin-safe captain’s training course. See instructions. Certification(s) attached.
5B2: Tuna harvested using a purse seine net outside the Eastern Tropical Pacific Ocean (ETP), in any fishery for which the Assistant
Administrator has not determined that there is a regular and significant mortality or serious injury to dolphins and/or a regular and significant
association occurring between dolphins and tuna, with valid documentation by: (1) the captain of the vessel, and where applicable, documentation by
either a qualified and authorized observer or by an authorized representative of a nation participating in the observer program, certifying that no purse
seine net or other fishing gear was intentionally deployed on or used to encircle dolphins during the fishing trip and that no dolphins were killed or seriously
injured in the sets in which the tuna were caught and; (2) the captain of the vessel certifying completion of the NMFS dolphin-safe captain’s training
course. See instructions. Certification(s) attached.
5B3: Tuna harvested in a fishery in which the Assistant Administrator has determined there is a regular and significant mortality or serious injury to
dolphins and/or a regular and significant association occurring between dolphins and tuna, with valid documentation by: (1) the captain of the vessel,and
where applicable, by an authorized observer certifying that no purse seine net or other fishing gear was intentionally deployed on or used to encircle
dolphins during the fishing trip and that no dolphins were killed or seriously injured in the sets or other gear deployments in which the tuna were caught
and that the tuna was stored physically separate from tuna caught in a non-dolphin-safe set or other gear deployment by the use of netting, other
material, or separate storage areas from the time of capture through unloading; (2) the captain of the vessel certifying completion of the NMFS dolphinsafe captain’s training course. Valid documentation is also required that is signed by a representative of the vessel flag nation or the processing nation
certifying that: A) the catch documentation is correct; B) the tuna or tuna products meet the U.S. dolphin-safe labeling standards under 50 CFR 216.91(a);
and C) the chain of custody information is correct. See instructions. Certification(s) attached.
5B4: Tuna harvested in the ETP by a purse seine vessel having a carrying capacity of 400 short tons (362.8 mt) or less, with valid documentation by:
(1) the captain of the vessel and, where applicable, by either a qualified and authorized observer or by an authorized representative of a nation
participating in the observer program, certifying that no purse seine net or other fishing gear was intentionally deployed on or used to encircle dolphins
during the fishing trip and that no dolphins were killed or seriously injured in the sets in which the tuna were caught and; (2) the captain of the vessel
certifying completion of the NMFS dolphin-safe captain’s training course. See instructions. Certification(s) attached.
5B5: Tuna harvested in the ETP by a purse seine vessel of more than 400 short tons (362.8 mt) carrying capacity, with valid documentation signed by
a representative of the appropriate IDCP-member nation certifying that: (1) there was an IDCP-approved observer on board the vessel during the
entire trip;(2) no purse seine net was intentionally deployed on or to encircle dolphins during the fishing trip and no dolphins were killed or seriously
injured in the sets in which the tuna were caught; and (3) listing the numbers for the associated Tuna Tracking Forms which contain the captain's and
observer’s certifications. IDCP Member Nation Certification attached.
6. EXPORTER CERTIFICATION - I certify that the above information is complete, true, and correct to the best of my knowledge and belief.
Exporter Name (Print or Type)

Signature and Date:

7. IMPORTER/PROCESSOR ENDORSEMENT
(Name and Address)

Signature and Date:

*(1(5$/,1)250$7,21– The information requested on this form is necessary to substantiate the origin and method of harvest of tuna as
required by 50 CFR Part 216.24(f). This form is required for all frozen and/or processed tuna and tuna products entered into the United States (see
50 CFR 216.24(f)(2)(i) or (ii)). 7KLVIRUPLVQRWUHTXLUHGIRUIUHVKWXQD This form may also be used to document U.S. domestic landings and
shipments of certain tuna and tuna products as required by 50 CFR Part 216.92(a). The information submitted on the form will be used to determine
whether or not the listed shipment will be allowed entry into the United States. The information provided will be treated as confidential in accordance
with NOAA Administrative Order 216-100. This form and associated certifications are to be submitted electronically to the U.S. Customs and Border
Protection by a customs broker acting on behalf of the importer of record. Questions concerning the use of the form may be directed to (562)
980-4035. This form may be downloaded from the Internet at https://www.fisheries.noaa.gov/dolphin-safe and reproduced as necessary.
,16758&7,216.
1. CUSTOMS ENTRY IDENTIFICATION - Importer must enter the shipment’s assigned U.S. Customs and Border Protection Entry Number
and the projected date of entry [year-month-day, YYYY-MM-DD, e.g., June 11, 2022 = 2022-06-11].
2. EXPORTER - Enter company name and address of exporter and contact phone number of responsible company representative.
3. IMPORTER - Enter name and address of the importer of record and contact phone number of responsible company representative.
4. DESCRIPTION OF FISH U.S. HARMONIZED TARIFF SCHEDULE NUMBER, SPECIES DESCRIPTION AND PRODUCT FORM - Enter U.S. HTS Number of the tuna
or tuna product (see 50 CFR 216.24(f)(2) for more information), the species description and product form in English.
WEIGHT - Enter the total QHW weight of the shipment LQNLORJUDPV
OCEAN AREA OF CATCH - Enter the ocean area in which the fish contained in this shipment were harvested:
($ - Eastern Atlantic (east of 45° W. longitude)
:$ - Western Atlantic (west of 45° W. longitude)
,1' - Indian Ocean
&$5 - Caribbean Sea
13 - North Pacific Ocean (north of 40°N. latitude)
27+ - Other- Describe Area
(73 - Eastern Tropical Pacific (east of 160° W. longitude, between 40° N. and 40° S. latitude)
63
- South Pacific Ocean (west of 160° W. longitude, south of 15° S. latitude and east of 160° W. longitude, south of 40° S.
latitude)
:3 - Western Pacific Ocean (west of 160° W. longitude and north of 15° S. latitude)
FISHING GEAR - Enter gear used to harvest fish
3/
- Pole and Line, Hook and Line
36
- Purse Seine Net
27+ - Other Type. Describe

'1
//
*1

- Large-scale Driftnet (High Seas)
- Longline
- Gillnet less than 1.5 miles (2.4 km) in total length

VESSEL FLAG - Enter the country under whose laws the fishing vessel operated, or for certified charter vessels, enter the country that
accepted responsibility for the vessel’s fishing operations.
TRIP DATES - Enter the H[DFWbeginning and ending dates [year-month-day, YYYY-MM-DD, e.g., June 11, 2022 = 2022-06-11] of the
fishing trip during which the describedshipment of fish was harvested.
VESSEL NAME - Enter the name of the ILVKLQJYHVVHO.
5. DOLPHIN-SAFE STATUS - Must be completed for all tuna or tuna products. Check only RQH statement. Use a separate form if more than one
statement applies (e.g., the shipment contains tuna caught using multiple gear types). For tuna harvested on fishing trips that began before July
13, 2013: for 5(B)(1) and (4), no certifications required; for 5B(2), the captain of the vessel must certify that no purse seine net was intentionally
deployed on or used to encircle dolphins during the particular trip on which the tuna was harvested. For tuna harvested on fishing trips that
began on or after July 13, 2013 and before May 21, 2016: for 5B:(1), (2), and (4), the captain must certify that no dolphins were killed or seriously
injured in the sets or other gear deployments in which the tuna were caught and, in addition, for 5B(2), that no purse seine net was intentionally
deployed on or used to encircle dolphins during the fishing trip in which the tuna were caught. For tuna harvested on fishing trips that began
on or after May 21, 2016, for 5B(1), (2), and (4), the captain must certify: 1) that no purse seine net or other fishing gear was intentionally
deployed on or used to encircle dolphins during the fishing trip and no dolphins were killed or seriously injured in the sets or other gear
deployments in which the tuna were caught; and 2) that the captain has completed the NMFS dolphin-safe captain’s training course found on
the Internet at https://www.fisheries.noaa.gov/dolphin-safe. In addition, a statement by an observer or a representative of a nation participating
in the observer program may be required either where: 1) NMFS has determined that the observer program is qualified and authorized to issue
observer statements for purposes of the dolphin-safe labeling program; or 2) where the Assistant Administrator has determined that a regular
and significant mortality or serious injury to dolphins exists and/or a regular and significant association is occurring between dolphins and tuna,
as indicated in 5B(3). Also for 5B(3), tuna or tuna products designated as dolphin-safe are accompanied by valid documentation signed by a
representative of the vessel flag nation or the processing nation (if processed in another nation) certifying that: A) the catch documentation is
correct; B) the tuna or tuna products meet the U.S. dolphin-safe labeling standards under 50 CFR 216.91(a); and C) the chain of custody
information is correct. Also for 5B(3), documentation signed by the captain and by the observer, if applicable, certifying the tuna was stored
physically separate from tuna caught in a non-dolphin-set or other gear deployment by the use of netting, other material, or separate storage
areas from the time of capture through unloading.
6. EXPORTER CERTIFICATION - Must be signed and dated by a responsible official of the export company listed in block 2.
7. IMPORTER/PROCESSOR ENDORSEMENT - Each importer or processor who takes custody of the shipment must sign and date the form to
certify that the form and attached documentation accurately describe the shipment of tuna that they accompany. Use an additional form if more
importer/processor endorsements are required.
A Federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with
an information collection subject to the requirements of the Paperwork Reduction Act of 1995 unless the information collection has a currently valid OMB
Control Number. The approved OMB Control Number for this information collection is 0648-0335. Without this approval, we could not conduct this information
collection. Public reporting for this information collection is estimated to be approximately 25 minutes per response, including the time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the information collection. All
responses to this information collection are mandatory. Send comments regarding this burden estimate or any other aspect of this information collection,
including suggestions for reducing this burden to Attn: Tuna Tracking and Verification Program; National Marine Fisheries Service; 501 West Ocean
Boulevard, Suite 4200; Long Beach, CA 90802.


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File Modified2022-04-12
File Created2019-07-11

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