G/TBT/N/USA/1095  
 
31 March 2016  
(16-1811)  Page: 1/2  
Committee on Technical Barriers to Trade  Original: English  
 
  NOTIFICATION 
The following notification is being circulated in accordance with Article 10.6 
 
1. Notifying Member: UNITED STATES OF AMERICA 
If applicable, name of local government involved (Article 3.2 and 7.2):  
2. Agency responsible: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administra tion (NOAA) [1113] 
Name and address (including telephon e and fax numbers, email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above : 
Please submit comments to: USA WTO TBT Enquiry Point 
Email: usatbtep@nist.gov  
3. Notified under Article 2.9.2 [ ], 2.10 .1 [ ], 5.6.2 [ ], 5.7.1 [ ], other: X 
4. Products covered (HS or CCCN where applic able, otherwise national tariff heading. 
ICS numbers may be provided in  addition, where applicable): Tuna products. Fishing 
and fish breeding (ICS: 65.150), Processes in the food industry (ICS: 67.020), Meat, meat 
products and other animal produce (ICS: 67.120) 
5. Title, number of pages and langua ge(s) of the notified document: Enhanced 
Document Requirements and Captain Training Requirements To Support Use of the Dolphin Safe Label on Tuna Products  (6 pages, in English) 
6. Description of content: NMFS issues this interim final rule to revise regulations 
implementing the Dolphin Protection Consumer Information Act (DPCIA) to enhance the 
requirements for documentation that demonstrates the accuracy of dolphin-safe labels on 
tuna products. This interim final rule: (1) modifies the provisions of the regulations (referred to hereafter as the "determination provisions") under which the NMFS Assistant Administrator (Assistant Administrator) may require proof of an observer certification if the 
Assistant Administrator determines that a fishery has a regular and significant association 
between dolphins and tuna and/or has a regular and significant mortality or serious injury of dolphins, to apply equally to purse seine and other gear-type tuna fisheries; 
(2) provides that a government certificate validating the catch documentation, 
segregation, and chain of custody may be required for tuna produced from a fishery about which the Assistant Administrator has made a determination under the determination 
provisions; (3) restructures NOAA regulations such that they now provide for one 
straightforward certification regarding intentional deployment and mortality/serious injury for all fisheries that produce tuna that is potentially eligible for the dolphin-safe label; (4) modifies the Fisheries Certificate of Origin (FCO) to require captains to complete a 
training for certifications that must accompany the FCO; (5) enhances chain of custody 
tracking requirements for tuna and tuna product; and (6) makes several non-substantive modifications to the regulations. This interim final rule brings the United States into 
compliance with its obligations as a Member of the World Trade Organization (WTO).  G/TBT/N/USA/1095 
 
- 2 - 
 
  7. Objective and rationale, including the nature of urgent problems where 
applicable: Protection of the environment ; Prevention of deceptive practices and 
consumer protection  
8. Relevant documents:  
 81 Federal Register (FR) 15444, 23 March 2016; Title 50 Code of Federal 
Regulations (CFR) Part 216 
 Proposed Rule issued 5 April 2013 – Enhanced Document Requirements to Support 
Use of the Dolphin Safe Label on Tuna Products: 
https://www.gpo.gov/fdsys/pkg/FR- 2013-04-05/html/2013-07990.htm  
https://www.gpo.gov/fdsys/pkg/F R-2013-04-05/pdf /2013-07990.pdf  
 Final Rule issued 9 July 2013 – Enhanced Document Requirements to Support Use of 
the Dolphin Safe Label on Tuna Products: 
https://www.gpo.gov/fdsys/pkg/FR- 2013-07-09/html/2013-16508.htm  
https://www.gpo.gov/fdsys/pkg/F R-2013-07-09/pdf /2013-16508.pdf  
9. Proposed date of adoption: 22 March 2016 
Proposed date of entry into force: 22 March 2016   
10. Final date for comments: 22 April 2016 
11. Texts available from: National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available, of other body:  
https://members.wto.org/crnattachm ents/2016/TBT/USA/16_1292_00_e.pdf