---
kind: "section"
citation: "50 C.F.R. § 300.209"
title: "50"
number: "300.209"
heading: "Alternative procedures for nations identified as having vessels engaged in shark catch that are not certified in this subpart."
url: "https://uscodex.org/cfr/50/300.209"
---

# §300.209. Alternative procedures for nations identified as having vessels engaged in shark catch that are not certified in this subpart.

- (a) These certification procedures may be applied to fish and fish products from a vessel of a harvesting nation that has been identified under [§ 300.204](/cfr/50/300.204.md) in the event that the Secretary cannot reach a certification determination for that nation by the time of the next biennial report. These procedures shall not apply to fish and fish products from identified nations that have received either a negative or a positive certification under this subpart.
- (b) Consistent with [paragraph (a)](#a) of this section, the Secretary of Commerce may allow entry of fish and fish products on a shipment-by-shipment, shipper-by-shipper, or other basis if the Secretary determines that imports were harvested by fishing activities or practices that do not target or incidentally catch sharks, or were harvested by practices that—
  - (1) Are comparable to those of the United States, taking into account different conditions; and
  - (2) Include the gathering of species specific shark data that can be used to support international and regional assessments and conservation efforts for sharks.
- (c) In addition to any other import documentation requirements that otherwise apply, fish and fish products offered for entry under this section must be accompanied by certification of admissibility, for which a form is available from NMFS. The certification of admissibility must be properly completed and signed by a duly authorized official of the identified nation and validated by a responsible official(s) designated by NMFS. The certification must also be signed by the importer of record and submitted to NMFS in a format (electronic facsimile (fax), the Internet, etc.) specified by NMFS.
- (d) Any action recommended under this section shall be consistent with international obligations, including the WTO Agreement.

## Notes

### Amendments

[78 FR 3346, Jan. 16, 2013]

### Authority

Authority: 16 U.S.C. 1826d et seq.

### Source

Source: 76 FR 2024, Jan. 12, 2011, unless otherwise noted.

### Authority

Authority: 16 U.S.C. 951 et seq., 16 U.S.C. 1801 et seq., 16 U.S.C. 5501 et seq., 16 U.S.C. 2431 et seq., 31 U.S.C. 9701 et seq.

### Source

Source: 61 FR 35550, July 5, 1996, unless otherwise noted.

### Amendments

[78 FR 3346, Jan. 16, 2013]