Resources for U.S. Importers

NOAA Form 370 - Fisheries Certificate of Origin

Importers must complete a NOAA Form 370, Fisheries Certificate of Origin, for all imports of frozen and/or processed tuna and tuna products. This form is not required for fresh tuna. The latest version of the NOAA Form 370 can be accessed below or by contacting the Tuna Tracking and Verification Program (TTVP) at swrtuna.track@noaa.gov. Instructions for completion are found on page 2 of the form.

• NOAA Form 370 - Fisheries Certificate of Origin (FCO 370) (PDF, 2 pages)

Mailing hard copies of the Form 370 to the TTVP office is no longer required. Instead, the importer’s ACE-certified customs broker must submit the NOAA Form 370, as well as applicable Captain's Statements and/or International Dolphin Conservation Program (IDCP) Member Nation certifications, via U.S. Customs and Border Protection (CBP)’s ACE Document Imaging System. Submission of these documents is required before, or at the time of importation. CBP may delay or reject the entry if filed documentation is missing or incomplete.

Species of tuna subject to TTVP requirements are listed below:

• Albacore - Thunnus alalunga

• Bigeye - Thunnus obesus

• Blackfin - Thunnus atlanticus

• Bluefin, Atlantic - Thunnus thynnus

• Bluefin, Pacific - Thunnus orientalis (also known as Thunnus thynnus orientalis)

• Bluefin, Southern - Thunnus maccoyii

• Longtail - Thunnus tonggol

• Skipjack - Katsuwonus pelamis (also known as Euthynnus pelamis)

• Yellowfin - Thunnus albacares

Captain’s Statements and IDCP Member Nation Certifications

For most fishing trips (other than those in eastern tropical Pacific Ocean by large purse seine vessels having a carrying capacity of more than 400 short tons), the vessel captain must sign and submit a Captain's Statement with the following language for the tuna to be certified as dolphin-safe:

1. 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.
2. The vessel captain has completed the Tuna Tracking and Verification Program Dolphin-Safe Captain’s Training Course.

For tuna harvested in the eastern tropical Pacific Ocean by purse seine vessels with a carrying capacity over 400 short tons (362.8 metric tons), importers must submit an International Dolphin Conservation Program Member Nation Certification (IDCP Certificate) for each applicable vessel fishing trip. As described on the NOAA Form 370, an IDCP Certificate must be signed by a representative of the appropriate IDCP member nation, certifying that:

1. An IDCP-approved observer was on board the vessel during the entire trip;
2. No purse seine net was intentionally deployed on or used to encircle dolphins during the fishing trip, and no dolphins were killed or seriously injured in the sets in which the tuna were caught.
3. The certificate must also include the numbers for the associated Tuna Tracking Forms.

*Note: A dolphin-safe certificate issued by a company or manufacturer in lieu of an IDCP certificate will not satisfy the requirement for valid documentation signed by a representative of the appropriate IDCP member nation.

International Fisheries Trade Permit

All U.S. importers of fishery products regulated by NOAA Fisheries, including tuna species listed above, are required to possess a valid International Fisheries Trade Permit (IFTP). IFTP applications and renewals are to be completed through NOAA Fisheries’ National Permit System (NPS).

Tuna Import Restrictions and Prohibitions

Tuna/Dolphin Embargo Status

A primary nation embargo may be imposed against any nation that harvests yellowfin tuna in the eastern tropical Pacific Ocean using purse seine vessels that have more than 400 short tons (363 metric tons) carrying capacity if that nation has not received an affirmative finding from the Assistant Administrator for NOAA Fisheries. Primary nation embargoes cover all yellowfin tuna or products derived from yellowfin tuna harvested in the ETP by purse seine vessels of, or exported from, the following nations (embargoed on October 3, 2000): Belize, Bolivia, Honduras, Nicaragua, Vanuatu, and Venezuela. Fresh yellowfin tuna is exempt from the embargo.

An affirmative finding is a set of criteria the United States imposes on nations wishing to import yellowfin tuna into the country. Affirmative findings help ensure that the importing nation complies with U.S. environmental laws and requirements regarding dolphin-safe tuna. Affirmative finding requirements and instructions for applying for an affirmative finding may be found at 50 CFR 216.24(f)(8). Other tuna species and yellowfin tuna caught in the ETP using a fishing method other than purse seining are not subject to tuna/dolphin embargoes.

Yellowfin Tuna Embargoes and Nations issued Affirmative Findings

List of Primary and Secondary Countries

¹ Yellowfin tuna or products derived from yellowfin tuna harvested in the ETP by purse seine vessels of, or exported from, primary embargo countries.

The following countries have affirmative findings:

* Note: All affirmative findings are subject to annual review.

Additional Requirements for India, Iran, Mozambique, Pakistan, Oman, Saudi Arabia, Sri Lanka, Tanzania, the United Arab Emirates, and Yemen

On September 28, 2016, the Assistant Administrator for Fisheries issued a determination—under the Dolphin Protection Consumer Information Act—of regular and significant mortality and serious injury of dolphins in 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. This determination triggered additional documentation requirements for tuna products marketed or labeled as dolphin-safe that were harvested on fishing trips that began on or after November 28, 2016.

Additional documentation requirements include an observer statement. Currently, the Assistant Administrator for Fisheries has not determined any observer programs for gillnet fisheries and tuna vessels in the above-named governments to be acceptable (see Determination of Observer Programs as Qualified and Authorized by the Assistant Administrator for Fisheries).

Therefore, until further notice, importers interested in importing such tuna into the United States will be unable to satisfy current documentary requirements for dolphin-safe tuna products.

More Information

• Tuna Tracking and Verification Dolphin-Safe Homepage
• Resources for Fishing Vessel Captains
• Resources for Customs Brokers
• Program Verification Components
• Dolphin-safe FAQs & the "Official mark
• Seafood Import and Export Tool

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.