NOAA Form 370: Fisheries Certificate of Origin
A completed NOAA Form 370, Fisheries Certificate of Origin [pdf], is required to accompany all imports of frozen and/or processed tuna and tuna products and is to be submitted to U.S. Customs and Border Protection (CBP) at the time of, or in advance of, importation via the Automated Commercial Environment (ACE) system. This form is not required for FRESH tuna. It is important that all NOAA Form 370s be filled out properly and completely, and that all necessary Captain or IDCP-member nation certifications accompany the NOAA Form 370's submission through the ACE Document Imaging System. Instructions for completing the NOAA Form 370 (Fisheries Certificate of Origin) are found on page 2 of the form. Incomplete forms may lead to a delay or rejection of the filed paperwork by CBP.
For fishing trips (other than those in the eastern tropical Pacific Ocean (ETP) by large purse seine vessels having a carrying capacity of more than 400 short tons (362.8 mt)) that begin on or after May 21, 2016, the following statement signed by the captain of the vessel is required 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 that no dolphins were killed or seriously injured in the sets or other gear deployments in which the tuna were caught, and 2) completion of the NMFS TTVP dolphin-safe captain’s training course.
Regulations for tuna harvested by purse seine vessels over 400 ST carrying capacity in the ETP remain unchanged: an International Dolphin Conservation Program-member nation certification is required. Regulations related to Captain's statement requirements for trips beginning before May 21, 2016 also remain unchanged.
Importers of frozen and/or processed tuna and tuna products must now possess an International Fisheries Trade Permit (IFTP) for imports beginning September 20, 2016. More information, including instructions on how to apply, can be found here and here.
As of September 20, 2016, importers are no longer required to mail hard copies of the NOAA Form 370 and Captain/IDCP certifications to the TTVP office within 10 days of entry. At the time of, or in advance of, importation, the NOAA Form 370 and Captain and/or IDCP-member nation certifications must now be submitted by the Importer's ACE-certified Custom's Broker via the ACE Document Imaging System (DIS), following the NMFS DIS submission guidelines found HERE (pg 51). In addition, the Custom's Broker must also submit select fisheries information and the importer's IFTP permit number in a NMFS PGA Message Set through ACE, following the NMFS Message Set guidelines HERE.
On September 28, 2016, the Assistant Administrator for Fisheries, NMFS, (Assistant Administrator) 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 triggers additional documentation requirements for tuna product, marketed as or included on the label of that product the term “dolphin safe” and that was harvested on fishing trips that began on or after November 28, 2016. Additional documentation requirements include a statement by the observer. Currently, no observer programs that may be associated with these gillnet fisheries and harvested by vessels flagged under the above named governments have been determined to be acceptable by the Assistant Administrator. 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 product.
As of June 4, 2015, Italy is no longer identified as a Large-Scale High Seas Driftnet nation (see Federal Register notice here). Therefore, a NOAA Form 370 is not required for non-tuna products specified in regulations at 50 CFR 216.24(f)(2)(iii). A NOAA Form 370 is still required for all imports of frozen and/or processed tuna and tuna products, including those from Italy. However, an Italian Government representative is no longer required to complete Box 7 of the NOAA Form 370.
Do not hesitate to contact us with any questions.
- NOAA Form 370 (Fisheries Certificate of Origin) [pdf] - new version approved January 23, 2017 and expiring July 31, 2019
- TTVP dolphin-safe captain's training course - see Quick Links
- Captain's Statement Templates
- Compliance Guide for the Importation of Tuna
- Harmonized Tariff Schedule for Selected Tuna and Tuna Products
- Harmonized Tariff Schedule Numbers for Products of Italian Origin
- Tuna Dolphin Embargo Status
- Import Statistics
Note: The National Marine Fisheries Service does not recommend or endorse individual private companies or their products.
Updated: May 18, 2017