Dolphin-Safe Tuna
The Tuna Tracking and Verification Program is the only program recognized by the U.S. government that legally satisfies all applicable federal regulations regarding dolphin-safe certification of tuna.
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NOAA Fisheries' Tuna Tracking and Verification Program (TTVP), established under the Dolphin Protection Consumer Information Act (16 U.S.C. §1385), monitors all domestic cannery production and importations of frozen and/or processed tuna and tuna products to ensure compliance with dolphin-safe certification and labeling requirements.
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 (DPCIA) 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.
Regulatory History
Due to the unique association between tuna and dolphins found in the eastern Pacific Ocean, and the purse seine fishery that area supports, protecting dolphin stocks became a priority for the United States. As a result, the DPCIA was passed in 1990. In 1999, the United States signed on as a Party to the Agreement on the International Dolphin Conservation Program (AIDCP). Among other things, the Agreement mandated the establishment of an international tracking program for tuna caught in the eastern Pacific Ocean.
The International Dolphin Conservation Program Act (IDCPA) amended the Marine Mammal Protection Act (MMPA) to make the objectives and requirements of the Agreement legally effective in the United States. The Tuna Tracking and Verification Program was implemented in 2000 to fulfill the AIDCP mandate for the United States and to monitor compliance with US. dolphin-safe related federal regulations.
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 Fishing Vessel Captains
Within most fisheries, for harvested tuna to qualify as "dolphin safe" in the United States, U.S. regulations require a written statement from the captain of the vessel certifying that "no purse seine net or other fishing gear was intentionally deployed on or used to encircle dolphins during the fishing trip on 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." In addition to this language, the vessel captain must also certify completion of the NMFS’ Tuna Tracking and Verification Program Dolphin-safe Captain's Training Course. This written statement from the captain is referred to as a Captain’s Statement.
Captain's Statements are not required for fishing trips in which tuna was harvested by large purse seine vessels (purse seine vessels having a carrying capacity of over 400 short tons (362.8 metric tons)) fishing in the eastern tropical Pacific Ocean. Instead, for that fishery, valid documentation signed by a representative of the appropriate International Dolphin Conservation Program (IDCP) Member Nation must accompany shipments of tuna and tuna products certified as dolphin-safe. This documentation is referred to as an IDCP certificate.
- Additional information on Captain's Statements, IDCP certificates, as well as access to the Dolphin-Safe Captain’s Training Course, is found on our Resources for Fishing Vessel Captains web-page.
Resources for U.S. Importers
U.S. Importers must submit a properly completed NOAA Form 370 Fisheries Certificate of Origin (PDF, 2 pages) for all imports of frozen and/or processed tuna and tuna products. This form is not required for fresh tuna.
For each shipment, the dolphin-safe status of that tuna must be declared on a NOAA Form 370 and is to be accompanied by documentation to substantiate the dolphin-safe status, such as a Captain's Statements and/or IDCP certificate. Completed NOAA Form 370s and any applicable dolphin-safe documentation (see above "Resources for Fishing Vessel Captains") associated with the shipment must be submitted to U.S. Customs and Border Protection (CBP) via the ACE Document Imaging System (DIS) by a licensed U.S. customs broker, before, or at the time of importation.
- A downloadable copy (PDF format) of the latest version of the NOAA Form 370, as well as additional information on tuna import requirements, can be found on our Resources for U.S. Importers page
- Importers of tuna and other seafood are encouraged to use our Seafood Import and Export Tool to help identify whether their products contain species monitored and regulated by NOAA Fisheries.
Resources for Customs Brokers
In addition to a completed NOAA Form 370 and associated certification(s) (i.e., captain, observer, and/or IDCP member nation certifications), a U.S. customs broker must submit NMFS "PGA Message Set" data containing select information found on the associated NOAA Form 370(s) and the Importer of Record's International Fisheries Trade Permit (IFTP) number. PGA Message Set data must also be submitted prior to, or at the time of importation, via the U.S. CBP ACE system. The scanned NOAA Form 370 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.
Access to the latest guidance provided by CBP on DIS and PGA Message Set submissions can be accessed by following the links below:
Dolphin-Safe FAQs and the “Official Mark”
As described above in “Resources for U.S. Importers”, a properly completed FCO 370 is required for each and every shipment of frozen and/or processed tuna and tuna imported into the United States. The dolphin-safe status of that tuna must be declared on the FCO and any applicable dolphin-safe certifications required are to accompany the form before, or at the time of importation.
The Dolphin Protection Consumer Information Act describes the conditions in which tuna product may be labeled dolphin-safe in the United States. Tuna certified as “dolphin-safe” may be labeled as such, either with NOAA Fisheries official dolphin-safe mark (“Official Mark”) or a logo/label created by a third party vendor or other entity. Details on the Official Mark, as well as answers to frequently-asked questions regarding dolphin-safe certification are available online at our “Dolphin-Safe FAQs and the ‘Official Mark’” web-page.
Program Verification Components
In addition to monitoring all imports of frozen and/or processed tuna and tuna products, the Tuna Tracking and Verification Program conducts regular retail market spot checks of dolphin-safe labeled tuna products and periodic site audits at domestic canners and importers to ensure compliance with dolphin-safe related regulations. Visit our Program Verification Components web-page for more information.
Additional Resources - Seafood Trade
International Fisheries Trade Permit (IFTP)
- An IFTP is required for the import, export, or re-export of fishery products subject to the NOAA Fisheries' trade monitoring programs.
Seafood Import & Export Tool
- A tool designed to assist Importers and Exporters in determining trade program requirements for species monitored by NOAA Fisheries.
NOAA Fisheries’ Trade Monitoring Programs
Seafood Import Monitoring Program (SIMP)
- The Seafood Import Monitoring Program, requires importers to provide and report key data from the point of harvest to entry into U.S. commerce on 1,100+ unique species. SIMP covers nearly half of all U.S seafood imports
Atlantic HMS International Trade Program (HMS)
- The Atlantic HMS International Trade Program regulates the import, export, and re-export of Atlantic, Pacific, and Southern bluefin tuna, swordfish, Atlantic and Pacific bigeye tuna, and shark fins
Antarctic Marine Living Resources Program (AMLR)
- NOAA Fisheries implements its obligations under the Convention for the Conservation of Antarctic Marine Living Resources to regulate imports, exports, and harvests of Antarctic marine living resources, including toothfish and krill.
Certificate of Admissibility (COA)
- NOAA Fisheries requires a Certification of Admissibility (COA) to attest that the species composition, method, and location of harvest of the products are not subject to MMPA import restrictions. The COA allows seafood products to enter the United States that would otherwise be blocked at entry due to sharing similar trade data as prohibited products.
NOAA Fisheries’ Seafood Inspection Program
Contact Us
For questions related to dolphin-safe tuna certification or tuna import requirements, contact the Tuna Tracking and Verification Program (TTVP) at swrtuna.track@noaa.gov or visit our program’s contact directory.