Proof of Admissibility

INSTRUCTIONS FOR COMPLETING THE CERTIFICATION OF ADMISSIBILITY FORM

FOR EXPORTERS:

1. DESCRIPTION OF FISH AND FISH PRODUCTS EXPORTED INTO UNITED STATES (SEE TABLE) –

U.S. HARMONIZED TARIFF SCHEDULE NUMBER, SPECIES DESCRIPTION AND PRODUCT FORM - Enter U.S. Harmonized Tariff Schedule (HTS) number of fish or fish products, the species description and product form in English. HTS numbers are listed on the U.S. International Trade Commission’s website. HTS numbers for fish and crustaceans, molluscs and other aquatic invertebrates can found at the following link: http://www.usitc.gov/publications/docs/tata/hts/bychapter/1211C03.pdf. This form is only required to accompany shipments of species of fish and fish products from countries for which import restrictions have been imposed for certain fish or fish products under the High Seas Driftnet Fishing Moratorium Protection Act (Moratorium Protection Act) or the Marine Mammal Protection Act.

WEIGHT - Enter the total net weight of the shipment in kilograms.

FISHING GEAR - Enter gear used to harvest fish or fish products:

• PL - Pole and Line, Hook and Line

• DN - Driftnet

• PS - Purse Seine Net

• LL - Longline

• GN - Gillnet less than 1.5 miles (2.4 km) in total length

• OTH - Other Type. Describe

VESSEL FLAG - Enter the country under whose laws the fishing vessel operated, or for certified charter vessels, enter the country that accepted responsibility for the vessels' fishing operations.

VESSEL NAME(s) AND NUMBER(s) - Enter the name of the fishing vessel(s) and number(s) assigned to the vessel(s).

2. DULY AUTHORIZED OFFICIAL/AGENT OF THE APPLICANT’S GOVERNMENT – Person designated by the government of the exporting nation to certify that the fish and fish products meet the specifications outlined on the form. (See Frequently Asked Questions below for more information. Once import restrictions are imposed, NMFS will obtain a list of duly authorized officials/agents from the exporting country and post the list for U.S. Customs officials. Duly authorized officials/agents shall be representatives of the Fisheries and/or Agriculture Ministries or representatives of an institution accredited by either Ministry.)

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3. FISHING PRACTICES COMPARABLE TO THOSE OF THE UNITED STATES - U.S. regulations for fisheries can be found at the following sources: (1) Electronic Code of U.S. Regulations website at: http://www.ecfr.gov; and (2) the National Marine Fisheries Service (NMFS) website at: http://www.nmfs.noaa.gov/. NOTE: Direct urls will be given once it is determined in each instance which regulations are comparable.

FOR U.S. IMPORTER CERTIFICATION:

4. CUSTOMS ENTRY NUMBER - Importer must enter the shipment’s assigned U.S. Customs Entry Number and the date of entry (day/month/year, i.e., 15/Jan/2000).

5. U.S. IMPORTER OF RECORD/AGENT - Enter name and address of importer or consignee and contact phone number of company representative responsible for certifying that the fish and fish products contained in the shipment are accurately described. Each importer who takes custody of the shipment must sign and date the form to certify that the form and attached documentation accurately describe the shipment of fish that they accompany.

FREQUENTLY ASKED QUESTIONS:

Question: Where can I learn whether and which fish or fish products are prohibited from importation into the United States under authority of the Moratorium Protection Act or the Marine Mammal Protection Act?

Answer: If an identified nation receives a negative certification under the Moratorium Protection Act, and fish or fish products from that nation become prohibited from importation into the United States, a notification will be published in the Federal Register and posted on the NMFS Office of International Affairs website (see the following link: http://www.nmfs.noaa.gov/ia/iuu/msra_page/msra.html). If an nation or export fishery fails to receive a comparability finding under the Marine Mammal Protection Act, and fish or fish products from that nation or export fishery become prohibited from importation into the United States, a notification will be sent to the nation and published in the Federal Register and posted on the NMFS Office of International Affairs website (see the following link: http://www.nmfs.noaa.gov/ia/species/marine_mammals/marine_mammals_home.html).

Question: Where do I find out whether a nation has been identified as having vessels engaged in IUU fishing? Bycatch of protected living marine resources? Targeting or incidentally catching sharks beyond any national jurisdiction? Failed to receive a comparability finding under the MMPA?

Answer: A list of nations that are identified under the Moratorium Protection Act for having vessels engaged in IUU fishing, bycatch of protected living marine resources, and/or catching sharks on the high seas will be published in a biennial report to Congress. The report can be found on the NMFS Office of International Affairs website (see the following link: http://www.nmfs.noaa.gov/ia/iuu/msra_page/msra.html). A list of nations and export fisheries that failed to receive a comparability finding will be published in the Federal Register and will be available on the NMFS Office of International Affairs website (see the following link: http://www.nmfs.noaa.gov/ia/species/marine_mammals/marine_mammals_home.html)

Question: Where do I find out if fishing practices are comparable to those of the United States?

Answer: U.S. regulations for federally managed fisheries are published in the Code of Federal Regulations. These regulations are available online (see the following link: http://www.ecfr.gov).

If an identified nation that receives a negative certification decision from the Secretary of Commerce becomes subject to import prohibitions and seeks to export fish or fish products to the United States, information will be provided on the comparable fishing practices that will be required for entry of fish and fish products into the United States.

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