[Code of Federal Regulations]
[Title 50, Volume 4]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 50CFR635.40]

[Page 253-254]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
                         DEPARTMENT OF COMMERCE
 
PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES--Table of Contents
 
                   Subpart D--Restrictions on Imports
 
Sec. 635.40  Restrictions to enhance conservation.


    (a) Determinations. Upon a determination by NMFS that species of 
fish subject to regulation or under investigation by ICCAT are 
ineligible for entry into the United States under 16 U.S.C. 971d (c)(4) 
or (c)(5), NMFS, with the concurrence of the Secretary of State, will 
file with the Office of the Federal Register for publication a finding 
to that effect. Effective upon the date of filing of such finding, all 
shipments of fish in any form of the species found to be ineligible will 
be denied entry unless, with respect to a particular shipment, it is 
established by satisfactory proof pursuant to paragraph (b) of this 
section that the particular shipment of fish is eligible for entry. 
Entry will not be denied and no such proof will be required for any such 
shipment that, on the date of filing was in transit to the United States 
on board a vessel operating as a common carrier.
    (b) Proof of admissibility. (1) For the purposes of paragraph (a) of 
this section and section 6(c) of ATCA, a shipment of fish in any form of 
the species under regulation or under investigation by ICCAT offered for 
entry, directly or indirectly, from a country named in a finding filed 
with the Office of the Federal Register for publication under paragraph 
(a) of this section is eligible for entry if the shipment is accompanied 
by a completed ATCA COE attached to the invoice certifying that the fish 
in the shipment:
    (i) Are not of the species specified in the finding;
    (ii) Are of the species named in the finding, but were not taken in 
the regulatory area; or
    (iii) Are of the species named in the finding, but are products of 
an American fishery and were lawfully taken in conformity with 
applicable conservation laws and regulations and landed in the country 
named in the finding solely for transshipment.
    (2) If the fish are offered for entry under paragraph (b)(1)(i) or 
(b)(1)(ii) of this section, the ATCA COE must be executed by a duly 
authorized official of the country named in the finding and the ATCA COE 
must be validated by a consular officer or consular agent of the United 
States. Such validation must be attached to the ATCA COE.
    (3) If the fish are offered for entry under paragraph (b)(1)(iii) of 
this section, the ATCA COE must be executed by a consular officer or 
consular agent of the United States and be accompanied by the 
declaration(s) required by 19 CFR 10.79. The ``Declaration of Master and 
Two Members of Crew on Entry of Products of American Fisheries'' 
required by 19 CFR 10.79 must contain a further statement as follows: 
``We further declare that the said fish were caught by us in full 
compliance with part 635, title 50, Code of Federal Regulations, and 
such other conservation laws and regulations as were applicable at the 
time the fishing operation was in progress.''
    (c) Removal of import restrictions. Upon a determination by NMFS 
that the conditions no longer exist that warranted the the finding under 
paragraph (a) of this section, NMFS will remove the import restriction 
by filing with the Office of the Federal Register for publication 
notification of removal effective on the date of filing. However, for 1 
year from the date of filing every shipment of fish in any form that was 
subject to the finding under paragraph (a) of this section will continue 
to be denied entry, unless the shipment is accompanied by a 
certification executed by an authorized official of the country of 
export and authenticated by

[[Page 254]]

a consular officer or consular agent of the United States certifying 
that no portion of the shipment is composed of fish taken prior to or 
during the import restriction.