The National Marine Fisheries Service (NMFS) is responsible for the stewardship and management of living marine resources and their habitat through compliance with fisheries regulations. Starting September 20, 2016, NMFS requires electronic transmission of reporting data as part of ACE – and at that time, new data elements must be reported as well.
Understanding the new ACE requirements
The NMFS regulates fisheries or seafood products under three NMFS programs soon to have ACE reporting requirements:
- Tuna Tracking & Verification (370) Program
- Highly Migratory Species (HMS) Program
- Antarctic Marine Living Resources (AMLR) Program
Tuna Tracking & Verification (370) Program
TThe NMFS’ Tuna Tracking & Verification Program requires require the filing of a National Oceanic and Atmospheric Administration (NOAA) Fisheries Certificate of Origin (FCO) Form 370 for importations of all tuna or tuna products (except fresh tuna). US Customs and Border Protection (CBP) receives a copy of this form at time of entry, and within 10 days of entry the importer must send a signed and dated copy to the Tuna Tracking & Verification Program in Long Beach, CA.
Under ACE, the NOAA 370 form information must be filed electronically. In addition, a copy of the NOAA 370, as well as other supporting forms (the Captain’s Statement, Observer’s Statement, and the International Dolphin Conservation Program (IDCP) Member Nation Certification) must be uploaded to ACE using the Document Imaging System (DIS).
Tuna is a highly migratory species and will also be subject to HMS reporting requirements below.
Highly Migratory Species (HMS) Program
The HMS Program covers the import and export of certain species of tuna, swordfish and shark fins. An NMFS International Trade Permit (ITP) is required for the import, export and re‐export of the following marine wildlife:
- Atlantic bluefin tuna (Thunnus thynnus)
- Pacific bluefin tuna (Thunnus orientalis)
- Southern bluefin tuna (Thunnus maccoyii)
- Swordfish (Xiphias gladius)
- Bigeye tuna (frozen) (Thunnus obesus)
- Shark fin
Under ACE, the ITP form data must be filed electronically. Filings for all HMS shipments, except shark fins, must be accompanied by copies of the appropriate international form(s), which depend on the product species, area or ocean of harvest or other conditions. They will be uploaded to ACE using the Document Imaging System (DIS).
Tuna, other than fresh tuna, will also have reporting requirements under the NOAA 370 program above.
Antarctic Marine Living Resources (AMLR) Program
An AMLR Permit (NOAA 0648-0194) is required for imports of toothfish and krill. To import frozen toothfish you must obtain NMFS Pre‐Approval.
Under ACE, the AMLR form data must be filed electronically. For fresh toothfish, copies of the Dissostichus Catch Documents (DCD), Reporting form for Catch Documents Accompanying Fresh Air-Shipped Toothfish form, and Dissostichus Re-Export Documents must be uploaded to ACE using
CBP’s Document Imaging System (DIS).
Trust the experts at Livingston
The customs and trade experts at Livingston are here to help. With a full staff of U.S. regulatory affairs experts, we know the MMFS requirements in detail, and are ready to help ensure your compliance is maintained.
Our systems have been updated and our staff have been trained, and we’re confident that, no matter how complex your reporting requirements, we’ll be ready to manage your NMFS-governed shipments under ACE.