50 CFR Part 300 Subpart N

50 CFR Part 300 Subpart N (up to date as of 12/13/2024)
Identification and Certification of Nations

50 CFR Part 300 Subpart N (Dec. 13, 2024)

This content is from the eCFR and is authoritative but unofficial.

Title 50 —Wildlife and Fisheries
Chapter III —International Fishing and Related Activities
Part 300 —International Fisheries Regulations
Authority: 16 U.S.C. 951 et seq., 16 U.S.C. 1801 et seq., 16 U.S.C. 5501 et seq., 16 U.S.C. 2431 et seq., 31 U.S.C. 9701 et seq.
Source: 61 FR 35550, July 5, 1996, unless otherwise noted.

Subpart N Identification and Certification of Nations
§ 300.200 Purpose and scope.
§ 300.201 Definitions.
§ 300.202 Identification and certification of nations engaged in illegal, unreported, or unregulated
fishing activities.
§ 300.203 Identification and certification of nations engaged in bycatch of protected living
marine resources.
§ 300.204 Identification and certification of nations whose vessels are engaged in shark catch.
§ 300.205 Effect of certification.
§ 300.206 Denial of port privileges and import restrictions on fish or fish products.
§ 300.207 Alternative procedures for nations identified as having vessels engaged in IUU fishing
activities that are not certified in this subpart.
§ 300.208 Alternative procedures for nations identified as having vessels engaged in bycatch of
PLMRs that are not certified in this subpart.
§ 300.209 Alternative procedures for nations identified as having vessels engaged in shark catch
that are not certified in this subpart.
Editorial Note: Nomenclature changes to part 300 appear at 64 FR 44431, Aug. 16, 1999, and at 76 FR 59305,
Sept. 26, 2011.

Subpart N—Identification and Certification of Nations
Authority: 16 U.S.C. 1826d et seq.
Source: 76 FR 2024, Jan. 12, 2011, unless otherwise noted.

§ 300.200 Purpose and scope.
The purpose of this subpart is to implement the requirements in the High Seas Driftnet Fishing Moratorium
Protection Act (“Moratorium Protection Act”) to identify and certify nations whose vessels engaged in illegal,
unreported, or unregulated fishing; whose fishing activities result in bycatch of protected living marine resources; or
whose vessels engaged in fishing activities or practices on the high seas that target or incidentally catch sharks
where the nation has not adopted a regulatory program for the conservation of sharks, comparable in effectiveness
to that of the United States, taking into account different conditions. This language applies to vessels entitled to fly
50 CFR 300.200 (enhanced display)

page 1 of 12

50 CFR Part 300 Subpart N (up to date as of 12/13/2024)
Identification and Certification of Nations

50 CFR 300.201

the flag of the nation in question. Where the Secretary of Commerce determines that an identified nation has not
taken the necessary actions to warrant receipt of a positive certification, the Secretary of Commerce may
recommend to the President that the United States prohibit the importation of certain fish and fish products from
the identified nation or other measures. The Secretary of Commerce will recommend to the President appropriate
measures, including trade restrictive measures, to be taken against identified nations that have not received a
positive certification, to address the fishing activities or practices for which such nations were identified in the
biennial report. The Secretary of Commerce will make such a recommendation on a case-by-case basis in
accordance with international obligations, including the World Trade Organization (WTO) Agreement. The
Moratorium Protection Act also authorizes cooperation and assistance to nations to take action to combat illegal,
unreported, or unregulated fishing, reduce bycatch of protected living marine resources, and achieve shark
conservation.
[78 FR 3342, Jan. 16, 2013]

§ 300.201 Definitions.
For the purposes of the Moratorium Protection Act:
Bycatch means: the incidental or discarded catch of protected living marine resources or entanglement of such
resources with fishing gear.
Fishing vessel means: any vessel, boat, ship, or other craft which is used for, equipped to be used for, or of a type
which is normally used for—
(1) Fishing; or
(2) Any activity relating to fishing, including, but not limited to, preparation, supply, storage, refrigeration,
transportation, or processing, bunkering or purchasing catch, or aiding or assisting one or more
vessels at sea in the performance of such activity.
Illegal, unreported, or unregulated (IUU) fishing means:
(1) In the case of parties to an international fishery management agreement to which the United States
is a party, fishing activities that violate conservation and management measures required under an
international fishery management agreement to which the United States is a party, including but not
limited to catch limits or quotas, capacity restrictions, bycatch reduction requirements, shark
conservation measures, and data reporting;
(2) In the case of non-parties to an international fishery management agreement to which the United
States is a party, fishing activities that would undermine the conservation of the resources managed
under that agreement;
(3) Overfishing of fish stocks shared by the United States, for which there are no applicable international
conservation or management measures, or in areas with no applicable international fishery
management organization or agreement, that has adverse impacts on such stocks; or,
(4) Fishing activity that has a significant adverse impact on seamounts, hydrothermal vents, cold water
corals and other vulnerable marine ecosystems located beyond any national jurisdiction, for which
there are no applicable conservation or management measures or in areas with no applicable
international fishery management organization or agreement.
(5) Fishing activities by foreign flagged vessels in U.S. waters without authorization of the United States.
50 CFR 300.201 “Illegal, unreported, or unregulated (IUU) fishing” (5) (enhanced display)

page 2 of 12

50 CFR Part 300 Subpart N (up to date as of 12/13/2024)
Identification and Certification of Nations

50 CFR 300.201 “International agreement”

International agreement means: an agreement between two or more States, agencies of two or more States, or
intergovernmental organizations which is legally binding and governed by international law.
International fishery management agreement means: any bilateral or multilateral treaty, convention, or agreement
for the conservation and management of fish.
International fishery management organization means: an international organization established by any bilateral
or multilateral treaty, convention, or agreement for the conservation and management of fish.
Protected living marine resources (PLMRs) means: non-target fish, sea turtles, or marine mammals that are
protected under United States law or international agreement, including the Marine Mammal Protection
Act, the Endangered Species Act, the Shark Finning Prohibition Act, and the Convention on International
Trade in Endangered Species of Wild Flora and Fauna; but they do not include species, except sharks, that
are managed under the Magnuson-Stevens Fishery Conservation and Management Act, the Atlantic
Tunas Convention Act, or by any international fishery management agreement.
[76 FR 2024, Jan. 12, 2011, as amended at 78 FR 3342, Jan. 16, 2013]

§ 300.202 Identification and certification of nations engaged in illegal, unreported, or
unregulated fishing activities.
(a) Procedures to identify nations whose fishing vessels are engaged in IUU fishing
(1) NMFS will identify and list, in a biennial report to Congress, nations whose fishing vessels are
engaged, or have been engaged at any point during the preceding two years, in IUU fishing.
(2) When determining whether to identify a nation as having fishing vessels engaged in IUU fishing,
NMFS will take into account all relevant matters, including but not limited to the history, nature,
circumstances, extent, duration, and gravity of the IUU fishing activity in question, and any measures
that the nation has implemented to address the IUU fishing activity. NMFS will also take into account
whether an international fishery management organization exists with a mandate to regulate the
fishery in which the IUU activity in question takes place. If such an organization exists, NMFS will
consider whether the relevant international fishery management organization has adopted measures
that are effective at addressing the IUU fishing activity in question and, if the nation whose fishing
vessels are engaged, or have been engaged, in IUU fishing is a party to, or maintains cooperating
status with, the organization. NMFS will also take into account any actions taken or on-going
proceedings by the United States and/or flag State to address the IUU fishing activity of concern as
well as the effectiveness of such actions.
(b) Notification of nations identified as having fishing vessels engaged in IUU fishing. Upon identifying a
nation whose vessels have been engaged in IUU fishing activities in the biennial report to Congress, the
Secretary of Commerce will notify the President of such identification. Within 60 days after submission of
the biennial report to Congress, the Secretary of Commerce, acting through or in consultation with the
Secretary of State, will:
(1) Notify nations that have been identified in the biennial report as having fishing vessels that are
currently engaged, or were engaged at any point during the preceding two calendar years, in IUU
fishing activities;
(2) Notify identified nations of the requirements under the Moratorium Protection Act and this subpart;
and
50 CFR 300.202(b)(2) (enhanced display)

page 3 of 12

50 CFR Part 300 Subpart N (up to date as of 12/13/2024)
Identification and Certification of Nations

50 CFR 300.202(b)(3)

(3) Notify any relevant international fishery management organization of actions taken by the United
States to identify nations whose fishing vessels are engaged in IUU fishing and initiate consultations
with such nations.
(c) Consultation with nations identified as having fishing vessels engaged in IUU fishing. Within 60 days after
submission of the biennial report to Congress, the Secretary of Commerce, acting through or in
cooperation with the Secretary of State, will initiate consultations with nations that have been identified in
the biennial report for the purpose of encouraging such nations to take appropriate corrective action with
respect to the IUU fishing activities described in the biennial report.
(d) Procedures to certify nations identified as having fishing vessels engaged in IUU fishing. Each nation that
is identified as having fishing vessels engaged in IUU fishing shall receive either a positive or a negative
certification from the Secretary of Commerce, and this certification will be published in the biennial report
to Congress. A positive certification indicates that a nation has taken appropriate corrective action to
address the IUU fishing activity described in the biennial report. A negative certification indicates that a
nation has not taken appropriate corrective action.
(1) The Secretary of Commerce shall issue a positive certification to an identified nation upon making a
determination that such nation has taken appropriate corrective action to address the activities for
which such nation has been identified in the biennial report to Congress. When making such
determination, the Secretary shall take into account the following:
(i)

Whether the government of the nation identified pursuant to paragraph (a) of this section has
provided evidence documenting that it has taken corrective action to address the IUU fishing
activity described in the biennial report;

(ii) Whether the relevant international fishery management organization has adopted and, if
applicable, the identified member nation has implemented and is enforcing, measures to
effectively address the IUU fishing activity of the identified nation's fishing vessels described in
the biennial report;
(iii) Whether the United States has taken enforcement action to effectively address the IUU fishing
activity of the identified nation described in the biennial report; and
(iv) Whether the identified nation has cooperated in any action taken by the United States to
address the IUU fishing activity described in the biennial report.
(2) Prior to a formal certification determination, nations will be provided with preliminary certification
determinations and an opportunity to support and/or refute the preliminary determinations and
communicate any corrective actions taken to address the activities for which such nations were
identified. The Secretary of Commerce shall consider any information received during the course of
these consultations when making the subsequent certification determinations.
[76 FR 2024, Jan. 12, 2011, as amended at 78 FR 3343, Jan. 16, 2013]

§ 300.203 Identification and certification of nations engaged in bycatch of protected living
marine resources.
(1) NMFS will identify and list, in the biennial report to Congress nations—

50 CFR 300.203 (enhanced display)

page 4 of 12

50 CFR Part 300 Subpart N (up to date as of 12/13/2024)
Identification and Certification of Nations

50 CFR 300.203(b)

(i) whose fishing vessels are engaged, or have been engaged during the preceding calendar year prior to publication
of the biennial report to Congress, in fishing activities or practices either in waters beyond any national jurisdiction
that result in bycatch of a PLMR, or in waters beyond the U.S. EEZ that result in bycatch of a PLMR that is shared by
the United States;
(ii) if the nation is a party to or maintains cooperating status with the relevant international organization with
jurisdiction over the conservation and protection of the relevant PLMRs, or a relevant international or regional
fishery organization, and the organization has not adopted measures to effectively end or reduce bycatch of such
species; and
(iii) the nation has not implemented measures designed to end or reduce such bycatch that are comparable in
effectiveness to U.S. regulatory requirements, taking into account different conditions that could bear on the
feasibility and efficacy of comparable measures.
(2) When determining whether to identify nations as having fishing vessels engaged in PLMR bycatch, NMFS will
take into account all relevant matters including, but not limited to, the history, nature, circumstances, extent,
duration, and gravity of the bycatch activity in question.
(3) NMFS will also examine whether the nation has implemented measures designed to end or reduce such bycatch
that are comparable in effectiveness to U.S. regulatory requirements. In considering whether a nation has
implemented measures that are comparable in effectiveness to those of the United States, NMFS will evaluate if
different conditions exist that could bear on the feasibility and efficiency of such measures to end or reduce bycatch
of the pertinent PLMRs.
(b) Notification of nations identified as having fishing vessels engaged in PLMR bycatch. Upon identifying a
nation whose vessels have been engaged in bycatch of PLMRs in the biennial report to Congress, the
Secretary of Commerce will notify the President of such identification. Within 60 days after submission of
the biennial report to Congress, the Secretary of Commerce, acting through or in consultation with the
Secretary of State, will notify identified nations about the requirements under the Moratorium Protection
Act and this subpart.
(c) Consultations and negotiations. Upon submission of the biennial report to Congress, the Secretary of
Commerce, acting through or in consultation with the Secretary of State, will:
(1) Initiate consultations within 60 days after submission of the biennial report to Congress with the
governments of identified nations for the purposes of encouraging adoption of a regulatory program
for protected living marine resources that is comparable in effectiveness to that of the United States,
taking into account different conditions, and establishment of a management plan that assists in the
collection of species-specific data;
(2) Seek to enter into bilateral and multilateral treaties with such nations to protect the PLMRs from
bycatch activities described in the biennial report; and
(3) Seek agreements through the appropriate international organizations calling for international
restrictions on the fishing activities or practices described in the biennial report that result in bycatch
of PLMRs and, as necessary, request the Secretary of State to initiate the amendment of any existing
international treaty to which the United States is a party for the protection and conservation of the
PLMRs in question to make such agreements consistent with this subpart.

50 CFR 300.203(c)(3) (enhanced display)

page 5 of 12

50 CFR Part 300 Subpart N (up to date as of 12/13/2024)
Identification and Certification of Nations

50 CFR 300.203(d)

(d) International cooperation and assistance. To the greatest extent possible, consistent with existing
authority and the availability of funds, the Secretary shall:
(1) Provide appropriate assistance to nations identified by the Secretary under paragraph (a) of this
section and international organizations of which those nations are members to assist those nations
in qualifying for a positive certification under paragraph(e) of this section;
(2) Undertake, where appropriate, cooperative research activities on species assessments and improved
bycatch mitigation techniques, with those nations or organizations;
(3) Encourage and facilitate the transfer of appropriate technology to those nations or organizations to
assist those nations in qualifying for positive certification under paragraph (e) of this section; and
(4) Provide assistance to those nations or organizations in designing and implementing appropriate fish
harvesting plans.
(e) Procedures to certify nations identified as having fishing vessels engaged in PLMR bycatch.
(1) Each nation that is identified as having fishing vessels engaged in PLMR bycatch shall receive either
a positive or a negative certification from the Secretary of Commerce, and this certification will be
published in the biennial report to Congress. The Secretary of Commerce shall issue a positive
certification to an identified nation upon making a determination that:
(i)

Such nation has provided evidence documenting its adoption of a regulatory program to end or
reduce bycatch of such PLMRs that is comparable in effectiveness to regulatory measures
required under U.S. law to address bycatch in the relevant fisheries, taking into account
different conditions that could bear on the feasibility and efficacy of these measures, and
which, in the case of an identified nation with fishing vessels engaged in pelagic longline
fishing, includes the mandatory use of circle hooks, careful handling and release equipment,
training and observer programs; and

(ii) Such nation has established a management plan that will assist in the collection of speciesspecific data on PLMR bycatch to support international stock assessments and conservation
efforts for PLMRs.
(2) Nations will be notified prior to a formal certification determination and will be provided with an
opportunity to support and/or refute preliminary certification determinations, and communicate any
corrective actions taken to address the activities for which such nations were identified. The
Secretary of Commerce shall consider any information received during the course of these
consultations when making the subsequent certification determinations.
[76 FR 2024, Jan. 12, 2011, as amended at 78 FR 3343, Jan. 16, 2013]

§ 300.204 Identification and certification of nations whose vessels are engaged in shark catch.
(a) Procedures to identify nations if fishing vessels of that nation are engaged in fishing activities or practices
in waters beyond any national jurisdiction that target or incidentally catch sharks during the preceding
calendar year.
(1) NMFS will identify and list in the biennial report to Congress nations—

50 CFR 300.204(a)(1) (enhanced display)

page 6 of 12

50 CFR Part 300 Subpart N (up to date as of 12/13/2024)
Identification and Certification of Nations

(i)

50 CFR 300.204(a)(1)(i)

Whose fishing vessels are engaged, or have been engaged during the calendar year prior to
publication of the biennial report to Congress, in fishing activities or practices in waters beyond
any national jurisdiction that target or incidentally catch sharks; and

(ii) Where that nation has not adopted a regulatory program to provide for the conservation of
sharks, including measures to prohibit removal of any of the fins of a shark (including the tail)
and discard the carcass of the shark at sea, that is comparable in effectiveness to that of the
United States, taking into account different conditions, including conditions that could bear on
the feasibility and effectiveness of measures.
(2) When determining whether to identify nations for these activities, NMFS will take into account all
relevant matters including, but not limited to, the history, nature, circumstances, duration, and gravity
of the fishing activity of concern.
(b) Notification of nations identified as having fishing vessels engaged in fishing activities or practices that
target or incidentally catch sharks. Upon identifying in the biennial report to Congress a nation whose
vessels engaged in fishing activities or practices in waters beyond any national jurisdiction that target or
incidentally catch sharks, the Secretary of Commerce will notify the President of such identification.
Within 60 days after submission of the biennial report to Congress, the Secretary of Commerce, acting
through or in consultation with the Secretary of State, will notify identified nations about the requirements
under the Moratorium Protection Act and this subpart N.
(c) Consultations and negotiations. Upon submission of the biennial report to Congress, the Secretary of
Commerce, acting through or in consultation with the Secretary of State, will:
(1) Initiate consultations within 60 days after submission of the biennial report to Congress with the
governments of identified nations for the purposes of encouraging adoption of a regulatory program
for the conservation of sharks that is comparable in effectiveness to that of the United States, taking
into account different conditions, and establishment of a management plan that assists in the
collection of species-specific data;
(2) Seek to enter into bilateral and multilateral treaties or other arrangements with such nations to
protect sharks; and
(3) Seek agreements through the appropriate international organizations calling for international
restrictions on the fishing activities or practices described in the biennial report and, as necessary,
request the Secretary of State to initiate the amendment of any existing international treaty to which
the United States is a party for the conservation of sharks to make such agreements consistent with
this subpart.
(d) International Cooperation and Assistance. To the greatest extent possible, consistent with existing
authority and the availability of funds, the Secretary shall:
(1) Provide appropriate assistance to nations identified by the Secretary under paragraph (a) of this
section and international organizations of which those nations are members to assist those nations
in qualifying for a positive certification under paragraph (e) of this section;
(2) Undertake, where appropriate, cooperative research activities on species assessments and
harvesting techniques aimed at mitigating or eliminating the non-target catch of sharks, with those
nations or organizations;
(3) Encourage and facilitate the transfer of appropriate technology to those nations or organizations to
assist those nations in qualifying for positive certification under paragraph (e) of this section; and
50 CFR 300.204(d)(3) (enhanced display)

page 7 of 12

50 CFR Part 300 Subpart N (up to date as of 12/13/2024)
Identification and Certification of Nations

50 CFR 300.204(d)(4)

(4) Provide assistance to those nations or organizations in designing, implementing, and enforcing
appropriate fish harvesting plans for the conservation and sustainable management of sharks.
(e) Procedures to certify nations identified as having fishing vessels engaged in fishing activities or practices
that target or incidentally catch sharks. Each nation that is identified as having fishing vessels engaged in
fishing activities or practices in waters beyond any national jurisdiction that target or incidentally catch
sharks and has not adopted a regulatory program for the conservation of sharks, including measures to
prohibit removal of any of the fins of a shark (including the tail) and discard the carcass of the shark at
sea, that is comparable to that of the United States, taking into account different conditions, shall receive
either a positive or a negative certification from the Secretary of Commerce. This certification will be
published in the biennial report to Congress. The Secretary of Commerce shall issue a positive
certification to an identified nation upon making a determination that:
(1) Such nation has provided evidence documenting its adoption of a regulatory program for the
conservation of sharks that is comparable in effectiveness to regulatory measures required under
U.S. law in the relevant fisheries, taking into account different conditions, including conditions that
could bear on the feasibility and effectiveness of measures; and such nation has established a
management plan that will assist in the collection of species-specific data on sharks to support
international stock assessments and conservation efforts for sharks.
(2) Prior to a formal certification determination, nations will be provided with preliminary certification
determinations, and an opportunity to support and/or refute the preliminary determinations, and
communicate actions taken to adopt a regulatory program that is comparable in effectiveness to
that of the United States, taking into account different conditions. The Secretary of Commerce shall
consider any relevant information received during consultations when making its formal certification
determination.
[78 FR 3343, Jan. 16, 2013]

§ 300.205 Effect of certification.
(a) If a nation identified under § 300.202(a), § 300.203(a), or § 300.204(a) does not receive a positive
certification under this subpart (i.e., the nation receives a negative certification or no certification is
made), the Secretary of Treasury shall, in accordance with recognized principles of international law:
(1) Withhold or revoke the clearance required by section 91 of the appendix to Title 46 for the fishing
vessels of such nation; and
(2) Deny entry to the fishing vessels of such nation to any place in the United States and to the navigable
waters of the United States.
(b) Upon notification and any recommendations by the Secretary of Commerce to the President that an
identified nation has failed to receive a positive certification, the President is authorized to direct the
Secretary of the Treasury to prohibit the importation of certain fish and fish products from such nation
(see § 300.206).
(c) Any action recommended under paragraph (b) of this section shall be consistent with international
obligations, including the WTO Agreement.
(d) If certain fish and fish products are prohibited from entering the United States, within six months after the
imposition of the prohibition, the Secretary of Commerce shall determine whether the prohibition is
insufficient to cause that nation to effectively address the IUU fishing, bycatch, or shark catch described in
50 CFR 300.205(d) (enhanced display)

page 8 of 12

50 CFR Part 300 Subpart N (up to date as of 12/13/2024)
Identification and Certification of Nations

50 CFR 300.205(e)

the biennial report, or that nation has retaliated against the United States as a result of that prohibition.
The Secretary of Commerce shall certify to the President each affirmative determination that an import
prohibition is insufficient to cause a nation to effectively address such IUU fishing activity, bycatch, or
shark catch or that a nation has taken retaliatory action against the United States. This certification is
deemed to be a certification under section 1978(a) of Title 22, which provides that the President may
direct the Secretary of the Treasury to prohibit the bringing or the importation into the United States of any
products from the offending country for any duration as the President determines appropriate and to the
extent that such prohibition is sanctioned by the World Trade Organization.
(e) Duration of certification. Any nation identified in the biennial report to Congress for having vessels
engaged in IUU fishing that is negatively certified will remain negatively certified until the Secretary of
Commerce determines that the nation has taken appropriate corrective action to address the IUU fishing
activities for which it was identified in the biennial report. Any nation identified in the biennial report to
Congress for having vessels engaged in PLMR bycatch or catch of sharks that is negatively certified will
remain negatively certified until the Secretary of Commerce determines that the nation has taken the
necessary actions pursuant to the Moratorium Protection Act to receive a positive certification.
(f) Consultations. NMFS will, working through or in consultation with the Department of State, continue
consultations with nations that do not receive a positive certification with respect to the fishing activities
described in the biennial report to Congress. The Secretary of Commerce shall take the results of such
consultations into consideration when making a subsequent certification determination for each such
nation.
[78 FR 3344, Jan. 16, 2013]

§ 300.206 Denial of port privileges and import restrictions on fish or fish products.
(a) Scope of applicability.
(1) Vessels from a nation identified in the biennial report under § 300.202(a), § 300.203(a), or §
300.204(a) and not positively certified by the Secretary of Commerce that enter any place in the
United States or the navigable waters of the United States remain subject to inspection and may be
prohibited from landing, processing, or transshipping fish and fish products, under applicable law.
Services, including the refueling and re-supplying of such fishing vessels, may be prohibited, with the
exception of services essential to the safety, health, and welfare of the crew. Fishing vessels will not
be denied port access or services in cases of force majeure or distress.
(2) For nations identified in the previous biennial report under § 300.202(a) that are not positively
certified in the current biennial report, the Secretary of Commerce shall so notify and make
recommendations to the President, who is authorized to direct the Secretary of Treasury to impose
import prohibitions with respect to fish and fish products from those nations. Such a
recommendation would address the relevant fishing activities or practices for which such nations
were identified in the biennial report. Such import prohibitions, if implemented, would apply to fish
and fish products managed under an applicable international fishery agreement. If there is no
applicable international fishery agreement, such prohibitions, if implemented, would only apply to
fish and fish products caught by vessels engaged in illegal, unreported, or unregulated fishing. For
nations identified under § 300.203(a) or § 300.204(a) that are not positively certified, the Secretary
of Commerce shall so notify and make recommendations to the President, who is authorized to

50 CFR 300.206(a)(2) (enhanced display)

page 9 of 12

50 CFR Part 300 Subpart N (up to date as of 12/13/2024)
Identification and Certification of Nations

50 CFR 300.206(a)(3)

direct the Secretary of Treasury to impose import prohibitions with respect to fish and fish products
from those nations; such prohibitions would only apply to fish and fish products caught by the
vessels engaged in the relevant activity for which the nation was identified.
(3) Any action recommended under paragraph (a)(2) shall be consistent with international obligations,
including the WTO Agreement.
(b) Imposition of import restrictions —
(1) Notification. Where the Secretary of Commerce cannot make positive certifications for identified
nations, and the President determines that certain fish and fish products from such nations are
ineligible for entry into the United States and U.S. territories, the Secretary of Commerce, in
cooperation with the Secretaries of Treasury, Homeland Security, and State, will file a notice with the
Office of the Federal Register.
(2) Certification of admissibility. If certain fish or fish products are subject to import prohibitions, NMFS
may publish in the FEDERAL REGISTER the requirement that, in addition to any other import
documentation requirements that otherwise apply, other fish or fish products from the relevant
nation, that are not subject to the prohibitions, offered for entry under this section must be
accompanied by certification of admissibility, for which a form is available from NMFS. The
certification of admissibility must be properly completed and signed by a duly authorized official of
the identified nation and validated by a responsible official(s) designated by NMFS. The certification
must be signed by the importer of record and submitted to NMFS in a format (electronic facsimile
(fax), the Internet, etc.) specified by NMFS.
(3) Effective date of import restrictions. Effective upon the date of publication of such finding, shipments
of fish or fish products found to be ineligible will be denied entry to the United States. Entry will not
be denied for any such shipment that, on the date of publication, was in transit to the United States.
(4) Removal of negative certifications and import restrictions. Upon a determination by the Secretary of
Commerce that an identified nation that was not certified positively has satisfactorily met the
conditions in this subpart and that nation has been positively certified, the provisions of § 300.206
shall no longer apply. The Secretary of Commerce, in cooperation with the Secretaries of Treasury,
Homeland Security, and State, will notify such nations and will file with the Office of the Federal
Register for publication notification of the removal of the import restrictions effective on the date of
publication.
[76 FR 2024, Jan. 12, 2011. Redesignated and amended at 78 FR 3343, 3345, Jan. 16, 2013]

§ 300.207 Alternative procedures for nations identified as having vessels engaged in IUU
fishing activities that are not certified in this subpart.
(a) These certification procedures may be applied to fish or fish products from a vessel of a harvesting nation
that has been identified under § 300.202 in the event that the Secretary cannot reach a certification
determination for that nation by the time of the next biennial report. These procedures shall not apply to
fish or fish products from identified nations that have received either a negative or a positive certification
under this subpart.
(b) Consistent with paragraph (a) of this section, the Secretary of Commerce may allow entry of fish or fish
products on a shipment-by-shipment, shipper-by-shipper, or other basis if the Secretary determines that:

50 CFR 300.207(b) (enhanced display)

page 10 of 12

50 CFR Part 300 Subpart N (up to date as of 12/13/2024)
Identification and Certification of Nations

50 CFR 300.207(b)(1)

(1) The vessel has not engaged in IUU fishing under an international fishery management agreement to
which the U.S. is a party; or
(2) The vessel is not identified by an international fishery management organization as participating in
IUU fishing activities.
(c) In addition to any other import documentation requirements that otherwise apply, fish and fish products
offered for entry under this section must be accompanied by certification of admissibility, for which a
form is available from NMFS. The certification of admissibility must be properly completed and signed by
a duly authorized official of the identified nation and must be validated by a responsible official(s)
designated by NMFS. The certification must also be signed by the importer of record and submitted to
NMFS in a format (electronic facsimile (fax), the Internet, etc.) specified by NMFS.
(d) Any action recommended under this section shall be consistent with international obligations, including
the WTO Agreement.
[76 FR 2024, Jan. 12, 2011. Redesignated and amended at 78 FR 3343, 3345, Jan. 16, 2013]

§ 300.208 Alternative procedures for nations identified as having vessels engaged in bycatch of
PLMRs that are not certified in this subpart.
(a) These certification procedures may be applied to fish or fish products from a vessel of a harvesting nation
that has been identified under § 300.203 in the event that the Secretary cannot reach a certification
determination for that nation by the time of the next biennial report. These procedures shall not apply to
fish or fish products from identified nations that have received either a negative or a positive certification
under this subpart.
(b) Consistent with paragraph (a) of this section, the Secretary of Commerce may allow entry of fish or fish
products on a shipment-by-shipment, shipper-by-shipper, or other basis if the Secretary determines that
imports were harvested by practices that do not result in bycatch of a protected marine species, or were
harvested by practices that—
(1) Are comparable to those of the United States, taking into account different conditions, and which, in
the case of pelagic longline fisheries, the regulatory program of an identified nation includes
mandatory use of circle hooks, careful handling and release equipment, and training and observer
programs; and
(2) Include the gathering of species specific data that can be used to support international and regional
assessments and conservation efforts for protected living marine resources.
(c) In addition to any other import documentation requirements that otherwise apply, fish and fish products
offered for entry under this section must be accompanied by certification of admissibility, for which a
form is available from NMFS. The certification of admissibility must be properly completed and signed by
a duly authorized official of the identified nation and must be validated by a responsible official(s)
designated by NMFS. The certification must also be signed by the importer of record and submitted to
NMFS in a format (electronic facsimile (fax), the Internet, etc.) specified by NMFS.
(d) Any action recommended under this section shall be consistent with international obligations, including
the WTO Agreement.
[76 FR 2024, Jan. 12, 2011. Redesignated and amended at 78 FR 3343, 3345, Jan. 16, 2013]
50 CFR 300.208(d) (enhanced display)

page 11 of 12

50 CFR Part 300 Subpart N (up to date as of 12/13/2024)
Identification and Certification of Nations

50 CFR 300.209

§ 300.209 Alternative procedures for nations identified as having vessels engaged in shark
catch that are not certified in this subpart.
(a) These certification procedures may be applied to fish and fish products from a vessel of a harvesting
nation that has been identified under § 300.204 in the event that the Secretary cannot reach a certification
determination for that nation by the time of the next biennial report. These procedures shall not apply to
fish and fish products from identified nations that have received either a negative or a positive
certification under this subpart.
(b) Consistent with paragraph (a) of this section, the Secretary of Commerce may allow entry of fish and fish
products on a shipment-by-shipment, shipper-by-shipper, or other basis if the Secretary determines that
imports were harvested by fishing activities or practices that do not target or incidentally catch sharks, or
were harvested by practices that—
(1) Are comparable to those of the United States, taking into account different conditions; and
(2) Include the gathering of species specific shark data that can be used to support international and
regional assessments and conservation efforts for sharks.
(c) In addition to any other import documentation requirements that otherwise apply, fish and fish products
offered for entry under this section must be accompanied by certification of admissibility, for which a
form is available from NMFS. The certification of admissibility must be properly completed and signed by
a duly authorized official of the identified nation and validated by a responsible official(s) designated by
NMFS. The certification must also be signed by the importer of record and submitted to NMFS in a format
(electronic facsimile (fax), the Internet, etc.) specified by NMFS.
(d) Any action recommended under this section shall be consistent with international obligations, including
the WTO Agreement.
[78 FR 3346, Jan. 16, 2013]

50 CFR 300.209(d) (enhanced display)

page 12 of 12