50 CFR § 300.187 - Validation requirements

50 CFR § 300.187 - Validation requirements.
CFR

§ 300.187 Validation requirements.
(a) Imports. The approved consignment document accompanying any
import of any fish or fish product regulated under this subpart must be
validated by a government official from the issuing country, unless NMFS
waives this requirement pursuant to an applicable RFMO recommendation.
NMFS will furnish a list of countries for which government validation
requirements are waived to the appropriate customs officials. Such list will
indicate the circumstances of exemption for each issuing country and the nongovernment institutions, if any, accredited to validate statistical documents
and re-export certificates for that country.
(b) Exports. The approved consignment document accompanying any export
of fish or fish products regulated under this subpart must be validated, except
pursuant to a waiver described in paragraph (d) of this section. Validation
must be made by NMFS or another official authorized by NMFS.
(c) Re-exports. The approved re-export certificate accompanying any reexport of fish or fish products regulated under this subpart, as required under
§ 300.185(c), must be validated, except pursuant to a waiver described in
paragraph (d) of this section. Validation must be made by NMFS or another
official authorized by NMFS.
(d) Validation waiver. Any waiver of government validation will be
consistent with applicable RFMO recommendations concerning validation of
consignment documents and re-export certificates. If authorized, such waiver
of government validation may include exemptions from government validation
for Pacific bluefin tuna with individual BCD tags affixed pursuant to paragraph
(f) of this section or for Atlantic bluefin tuna with tags affixed pursuant to §

635.5(b) of this title. Waivers will be specified on consignment documents and
re-export certificates or accompanying instructions, or in a letter to permit
holders from NMFS.
(e) Authorization for non-NMFS validation. An official from an
organization or government agency seeking authorization to validate
consignment documents or re-export certificates accompanying exports or reexports from the United States, which includes U.S. commonwealths,
territories, and possessions, must apply in writing, to NMFS, at an address
designated by NMFS for such authorization. The application must indicate the
procedures to be used for verification of information to be validated; list the
names, addresses, and telephone/fax numbers of individuals to perform
validation; procedures to be used to notify NMFS of validations; and an
example of the stamp or seal to be applied to the consignment document or
re-export certificate. NMFS, upon finding the applicant capable of verifying the
information required on the consignment document or re-export certificate,
will issue, within 30 days, a letter specifying the duration of effectiveness and
conditions of authority to validate consignment documents or re-export
certificates accompanying exports or re-exports from the United States. The
effective date of such authorization will be delayed as necessary for NMFS to
notify the appropriate RFMO of other officials authorized to validate
consignment document or re-export certificates. Non-government
organizations given authorization to validate consignment documents or reexport certificates must renew such authorization on a yearly basis.
(f) BCD tags. The requirements of this paragraph apply to Pacific bluefin
tuna. Requirements for tagging Atlantic bluefin tuna are specified in § 635.5.
(1) Issuance. NMFS will issue numbered BCD tags for use on Pacific
bluefin tuna upon request to each permit holder.
(2) Transfer. BCD tags for use on Pacific bluefin tuna issued under this
section are not transferable and are usable only by the permit holder to
whom they are issued.
(3) Affixing BCD tags. At the discretion of permit holders, a tag issued
under this section may be affixed to each Pacific bluefin tuna purchased or
received by the permit holder. If so tagged, the tag must be affixed to the
tuna between the fifth dorsal finlet and the keel.
(4) Removal of tags. A tag, as defined in this subpart and affixed to any
bluefin tuna, must remain on the tuna until it is cut into portions. If the
bluefin tuna or bluefin tuna parts are subsequently packaged for transport
for domestic commercial use or for export, the number of each dealer tag or
BCD tag must be written legibly and indelibly on the outside of any package

containing the bluefin tuna or bluefin tuna parts. Such tag number also
must be recorded on any document accompanying the consignment of
bluefin tuna or bluefin tuna parts for commercial use or export.
(5) Labeling. The number of a BCD tag affixed to each Pacific bluefin tuna
under this section must be recorded on NMFS reports required by §
300.183, on any documents accompanying the consignment of Pacific
bluefin tuna for domestic commercial use or export as indicated in §
300.185, and on any additional documents that accompany the consignment
(e.g., bill of lading, customs manifest, etc.) of the tuna for commercial use
or for export.
(6) Reuse. BCD tags issued under this section are separately numbered
and may be used only once, one tag per Pacific bluefin tuna, to distinguish
the purchase of one Pacific bluefin tuna. Once affixed to a tuna or recorded
on any package, container or report, a BCD tag and associated number may
not be reused.
[61 FR 35550, July 5, 1996, as amended at 73 FR 31388, June 2, 2008; 81 FR
18801, Apr. 1, 2016]

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