CSMS Message: 94-000993

TO : ALL ABI BROKERS.

FROM : LEO WELLS

SUBJECT : OTH-TUNA EMBARGO

DATE : 10/03/94

4273111
SEPTEMBER 30, 1994

RES-1-CO:TO:TF:T LW

TO: ALL REGIONAL DIRECTORS (COMMERCIAL OPERATIONS), DISTRICT,
AREA AND PORT DIRECTORS OF CUSTOMS

FROM: DIRECTOR, OFFICE OF TRADE OPERATIONS

RE: TRADE EMBARGO ON IMPORTATION OF YELLOWFIN TUNA AND YELLLOWFIN
TUNA PRODUCTS FROM COLUMBIA AND VANUATU

PASS TO: ALL REGIONAL PROGRAM MANAGERS, NATIONAL IMPORT
SPECIALISTS, IMPORT SPECIALISTS, FP AND F OFFICERS, OAS,
NATIONAL COORDINATOR FOR ENTRY SUMMARY SELECTIVITY,
ENTRY OFFICERS, INSPECTORS AND OTHER INTERESTED PARTIES
SUCH AS IMPORTER TRADE ASSOCIATIONS AND BROKER ASSOCI-
ATIONS

THE MARINE MAMMAL PROTECTION ACT REQUIRES THAT EACH NATION
EXPORTING YELLOWFIN TUNA TO THE UNITED STATES HAVE IN PLACE A
MARINE MAMMAL PROTECTION REGULATORY PROGRAM THAT IS COMPARABLE TO
THE PROGRAM OF THE UNITED STATES. NATIONS WHOSE PROGRAMS ARE NOT
FOUND TO BE COMPARABLE ARE SUBJECT TO IMPORT RESTRICTIONS.

ON JANUARY 27, 1994, THE U.S. DISTRICT COURT FOR THE
NORTHERN DISTRICT OF CALIFORNIA ORDERED THE NATIONAL MARINE
FISHERIES SERVICE (NMFS) TO PROHIBIT SETS (I.E., DEPLOYING OF
NETS) ON NORTHEASTERN OFFSHORE SPOTTED DOLPHINS IN THE EASTERN
TROPICAL PACIFIC (ETP) OCEAN. NMFS NOTIFIED ETP HARVESTING
NATIONS THAT SUCH A PROHIBITION WOULD BE REQUIRED IN THEIR MARINE
MAMMAL PROTECTION PROGRAMS BY JULY 26, 1994, SO THAT THOSE
PROGRAMS REMAIN COMPARABLE TO THAT OF THE UNITED STATES.

NMFS HAS NOW DETERMINED THAT THE REPUBLIC OF COLOMBIA AND
THE REPUBLIC OF VANUATU HAVE NOT INCORPORATED SUCH A PROHIBITION
INTO THEIR MARINE MAMMAL PROTECION PROGRAM. THEREFORE, THE
FOLLOWING PROCEDURES SHOULD BE IMPLEMENTED.

ACTIONS:

1. YELLOWFIN TUNA AND YELLOWFIN TUNA PRODUCT EMBARGO

EFFECTIVE AS OF SEPEMBER 28, 1994, ALL YELLOWFIN TUNA AND
YELLOWFIN TUNA PRODUCTS HARVESTED IN THE ETP WITH PURSE
SEINES (I.E., WITH PURSE SEINE NETS) BY COLOMBIA-FLAG OR
VANUATU-FLAG VESSELS ARE BANNED FROM IMPORTATION INTO THE
UNITED STATES.

NMFS HAS ASSURED CUSTOMS HEADQUARTERS THAT FRESH TUNA
(EITHER LIVE TUNA OR TUNA PACKED IN ICE AS OPPOSED TO HARD
FROZEN TUNA) WILL NOT BE IMPORTED FROM COLOMBIA OR VANUATU
BASED ON THEIR TRADE INFORMATION.
2. NOAA FORM 370 SUBMISSION

SUBMISSION OF A COMPLETED NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION (NOAA) FORM 370, "FISHERIES CERTIFICATE OF
ORIGIN" IS REQUIRED FOR ALL IMPORTATIONS OF ALL FORMS OF
TUNA EXCEPT FRESH (LIVE TUNA OR TUNA PACKED IN ICE). ALL OF
THE INFORMATION REQUIRED TO DETERMINE IF A SHIPMENT OF
YELLOWFIN TUNA OR YELLOWFIN TUNA PRODUCT SHOULD BE DENIED
ENTRY INTO THE UNITED STATES CAN BE FOUND ON THIS NOAA
FORM 370.

3. SHIPMENTS DENIED CUSTOMS ENTRY

IMPORTERS MAY RE-EXPORT ANY IMPORTS OF YELLOWFIN TUNA AND
YELLOWFIN TUNA PRODUCTS FROM COLOMBIA OR VANUATU THAT ARE
DENIED CUSTOMS ENTRY.

4. QUESTIONS ABOUT THIS ISSUANCE

- QUESTIONS BY THE IMPORTING TRADE CONCERNING THIS ISSUANCE
SHOULD BE DIRECTED TO NMFS SOUTHWEST REGIONAL OFFICE AT
(310) 980-4033.

- QUESTIONS BY CUSTOMS OFFICERS SHOULD BE DIRECTED TO CUSTOMS
HEADQUARTERS, OFFICE OF TRADE OPERATIONS, TRADE PROGRAMS
BRANCH, AT 202-927-0163 OR 202-927-0771.

PHILIP METZGER