[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: 50CFR635.44]

[Page 256]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
                         DEPARTMENT OF COMMERCE
 
PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES--Table of Contents
 
                   Subpart D--Restrictions on Imports
 
Sec. 635.44  Validation requirements.

    (a) Imports. The approved BSD accompanying any import of bluefin 
tuna, regardless of whether the issuing country is a member of ICCAT, 
must be validated by a government official from the issuing country, 
unless NMFS waives this requirement for that country following a 
recommendation to do so by the ICCAT Secretariat. NMFS will furnish a 
list of countries for which government validation requirements are 
waived to the appropriate official of the U.S. Customs Service. Such 
list will indicate the circumstances of exemption for each issuing 
country and the non-government institutions, if any, accredited to 
validate BSDs for that country.
    (b) Exports. The approved BSD accompanying any export of bluefin 
tuna from the United States must be validated by a U.S. Government 
official, except pursuant to a waiver, if any, specified on the form and 
accompanying instructions, or in a letter to the permitted dealer from 
NMFS. Any waiver of government validation will be consistent with ICCAT 
recommendations concerning validation of BSDs. If authorized, such 
waiver of government validation may include:
    (1) Exemptions from government validation for fish with individual 
BSD tags affixed pursuant to Sec. 300.26 of this title or 
Sec. 635.5(b)(2)(ii); or
    (2) Validation by non-government officials authorized to do so by 
NMFS under paragraph (c) of this section.
    (c) Authorization for non-government validation. An institution or 
association seeking authorization to validate BSDs accompanying exports 
from the United States must apply in writing to the Director for such 
authorization. The application must indicate the procedures to be used 
for verification of information to be validated, list the names, 
addresses, and telephone/fax numbers of individuals to perform 
validation, and provide an example of the stamp or seal to be applied to 
the BSD. NMFS, upon finding the institution or association capable of 
verifying the information required on the BSD, will issue, within 30 
days, a letter specifying the duration of effectiveness and conditions 
of authority to validate BSDs accompanying exports from the United 
States. The effectiveness of such authorization will be delayed as 
necessary for NMFS to notify the ICCAT Secretariat of non-government 
institutions and associations authorized to validate BSDs.

[64 FR 29135, May 28, 1999, as amended at 66 FR 42805, Aug. 15, 2001]