Full opinion text
OPINION BARZILAY, District Judge. [Plaintiffs’ Motion for Judgment pursuant to USCIT Rule 56.1 denied.] I. INTRODUCTION In this case, the court is asked to evaluate the latest actions taken by the government of the United States in its long effort to protect dolphins endangered as a result of certain tuna-fishing practices. This government action began in 1972, with the passage of the United States Marine Mammal Protection Act (“MMPA”), driven by intense interest in and activity on behalf of dolphins by U.S. individuals and environmental groups, some of whom find themselves on opposite sides of the question at bar in the current case. Defenders of Wildlife challenge three administrative determinations made by Penelope D. Dalton, et al, to implement the 1997 International Dolphin Conservation Program Act (“IDCPA”), which amended the MMPA. Specifically, Plaintiffs make three distinct claims: (1) that Commerce’s Interim-Final Rule on the taking of allegedly depleted dolphins pursuant to fishing operations by tuna purse seine vessels in the Eastern Tropical Pacific (“ETP”) ocean violates the MMPA, (2) that the Environmental Assessment (“EA”) prepared by Defendants violates the National Environmental Policy Act (“NEPA”) and applicable regulations, and that Defendants should have completed an Environmental Impact Statement (“EIS”) for the entire new tuna/dolphin program, and (3) that the affirmative finding rendered by the United States Department of Commerce (“Commerce”), which lifted the United States’ tuna embargo against Mexico, violates the IDCPA and NEPA. Defenders seek a declaratory judgment, a remand to Commerce with instructions to issue a revised proposed rule, and an order to Defendants to complete an EIS on the new tuna/dolphin program. Plaintiffs do not now seek a reinstatement of the embargo, but reserve their right to do so. Defendants oppose Plaintiffs’ motion. The court exercises jurisdiction under 28 U.S.C. § 1581(i)(3) (1994). II. BACKGROUND The ETP is a seven million square mile stretch of ocean running from the coast of southern California to Peru. Yellowfin tuna swim beneath dolphins in these waters. Because dolphins surface for air and are hence more visible than tuna, fishermen in the ETP use dolphin sightings as an aid to catch tuna. One common method of fishing for tuna in the ETP involves lowering a commercial fishing net, called a purse seine, into the water around a group of dolphins. Once the net encircles the dolphins, a drawstring around the bottom of the net is closed to catch the yellowfin tuna below. During this process dolphins may become entrapped in the net. While some dolphins are released alive, others suffocate by the time a release can be made. Although certain safety devices in the nets and other changes in fishing practice have significantly decreased the number of dolphin mortalities associated with the purse seine method, some dolphin deaths continue to occur. A. Background Legislation In the early 1970s, an estimated 350,000 dolphins were killed annually due to purse seine fishing. Congress passed the MMPA in 1972 in response to public concern over the ETP yellowfin tuna fishing industry. 16 U.S.C. § 1361 (1972). Congressional findings indicated that (1) certain species and population stocks of marine mammals are, or may be, in danger of extinction or depletion as a result of man’s activities; [and that] ... (6) marine mammals have proven themselves to be resources of great international significance, esthetic and recreational as well as economic, and it is the sense of the Congress that they should be protected and encouraged to develop to the greatest extent feasible commensurate with sound policies of resource management and that the primary objective of their management should be to maintain the health and stability of the marine ecosystem. 16 U.S.C. § 1361(1), (6). The MMPA centered on the principle of fisheries management to foster a sustainable population. The act primarily relied on a permit system to regulate fishing practices. In 1988, Congress enacted the Marine Mammal Protection Act Amendments of 1988, Pub.L. No. 100-711, 102 Stat. 4755 (1988) (“1988 Amendments”), which specified criteria to be satisfied for the regulatory program of a tuna-harvesting nation to be considered comparable to that of the United States, and thus have access to the U.S. market. Pub.L. No. 100-711 at § 4, 102 Stat. at 4765. In 1990, Congress enacted the Dolphin Protection Consumer Information Act, (“DPCIA”). The DCPIA made it a violation of section 5 of the Federal Trade Commission Act (“FTCA”) for any producer, importer, exporter, distributor, or seller of any tuna product sold in or exported from the United States to label that product as “dolphin-safe” if the product contained tuna harvested (a) on the high seas by a vessel engaging in driftnet fishing, or (b) in the ETP by a vessel using the purse seine method, unless the tuna was accompanied by various statements demonstrating that no dolphin was intentionally encircled during the trip in which the tuna was caught. Pursuant to the 1988 Amendments, in August of 1990, the United States imposed an embargo on Mexico for failure to achieve comparability with U.S. tuna harvesting standards. H.R.Rep. No. 105-74(1), at 13 (1997), reprinted in 1997 U.S.C.C.A.N. 1628, 1631. Mexico then requested the establishment of a dispute settlement panel in accordance with the General Agreement on Tariffs and Trade (“GATT”). The panel concluded that the U.S. tuna embargoes violated GATT. However, the panel’s decision was not adopted by the GATT Council, and was not pursued further by Mexico in the World Trade Organization (“WTO”), GATT’s successor. In 1993, the European Union (“EU”) brought a GATT challenge relating to the tuna embargo provisions of the MMPA. A GATT panel again ruled against the United States, but again the GATT Council did not adopt the decision. In June of 1992, the United States entered into the La Jolla Agreement, a nonbinding international agreement setting forth programs to protect dolphins from harm in the ETP, and allowing the practice of purse seine fishing with dolphin mortality caps. Six months later, Congress enacted the International Dolphin Conservation Act of 1992 (“IDCA”), which amended the MMPA by (a) imposing a five-year moratorium upon the harvesting of tuna with purse seine nets; and (b) lifting tuna embargos upon those nations making a declared commitment to implement the moratorium and take further steps to reduce dolphin mortality. 1997 U.S.C.C.A.N. at 1632. The La Jolla Agreement led to the signing of the Panama Declaration, under which the United States and eleven other nations made affirmative commitments to strengthen the protection of dolphins by (a) reducing dolphin mortality to levels approaching zero, with the goal of eliminating dolphin mortality in the ETP; (b) establishing annual dolphin mortality limits (“DMLs”); (c) avoiding bycatch of immature yellowfin tuna and other non-target species such as sea turtles; (d) strengthening national scientific advisory committees; (e) creating incentives for vessel captains; and (f) enhancing the compliance of participating nations to these commitments. The Panama Declaration also sought to negotiate a new binding agreement to establish the International Dolphin Conservation Program (“IDCP”), contingent upon the United States amending its laws to (a) lift the embargoes imposed under the MMPA; (b) permit the sale of both dolphin-safe and non-dolphin safe tuna in the United States market; and (c) change the definition of “dolphin-safe tuna” to mean “tuna harvested without dolphin mortality,” rather than tuna harvested without any dolphin encirclement. Panama Declaration at Annex I. In 1997, Congress enacted the International Dolphin Conservation Program Act (“IDCPA”), which is the subject of this litigation. Pub.L. No. 105-42, 111 Stat. 1122 (1997). The act stated three purposes: (a) to give effect to the Panama Declaration; (b) “to recognize that nations fishing for tuna in the [ETP] have achieved significant reductions in dolphin mortality;” and (c) “to eliminate the ban on imports of tuna from those nations that are in compliance with the [IDCP].” See id. at § 2, 111 Stat. at 1122. The IDCPA amended the MMPA yet again and revised the criteria for banning imports. A nation would be permitted to export tuna to the United States if it provided documentary evidence that (a) it participates in the IDCP and is a member of the Inter-American Tropical Tuna Commission (“IATTC”); (b) it meets its obligations under the IDCP and the IATTC; and (c) it does not exceed certain DMLs. See id. at § 4, 111 Stat. at 1123-1124 (16 U.S.C. § 1371(a)(2)(B)). Furthermore, the IDC-PA changed the “dolphin-safe” labeling standard by amending the DPCIA. Pursuant to this amendment, the Secretary of Commerce was directed to make initial and final findings of “whether the intentional deployment on or encirclement of dolphin with purse seine nets is having a significant adverse impact on any depleted dolphin stock in the eastern tropical Pacific Ocean.” 16 U.S.C. § 1385(g)(2). These findings would in turn be used to determine whether to revise the definition of “dolphin-safe” tuna. See 16 U.S.C. § 1385(d). The IDCPA provided that it would become effective when the Secretary of State certified that a legally-binding instrument establishing the IDCP had been adopted and was put into force. See PL 105-42 at § 8, 111 Stat. at 1139. The IDCPA and the subsequent international agreement represented a change in policy on the part of the United States. Congress clearly endorsed the idea that a new approach was needed. It understood that the embargo had limited leverage on the international community. As Sen. Chafee pointed out, “the ETP is completely outside the jurisdiction of the United States. We cannot simply go in and tell others how to fish. Instead our best chance of promoting conservation is through a multilateral, rather than unilateral, forum.” 143 Cong. Rec. S8294-02, 8804 (1997). Congress, however, was not abandoning its efforts to preserve the ecosystem. The safer procedures of seine-net fishing gaining acceptance among those fishing in the ETP, and embodied in the Panama Declaration, pointed to a more effective regime. That regime directly contributed to the reduction in dolphin mortality witnessed in the past decade. It also had the benefit of protecting the entire ecosystem, and not just one species. As the House Committee Report noted, alternative methods imperiled species other than dolphins, including sharks, billfish, sea turtles, and a great number of immature tuna. H.R. Rep. 105-74(1), at 37. With the IDCPA Congress endorsed, and charged the Executive Branch with executing, a simple trade-off. The U.S. would lift the existing embargo if other nations agreed to bind their vessels to the new, more protective practices. In addition, the crucial compromise struck during Senate consideration of the bill provided a fail-safe. While the embargo could be lifted immediately, the “dolphin-safe” label would remain in place pending a scientific review by the Department of Commerce. That review is now the subject of litigation in the Northern District of California. See Brower v. Daley, 93 F.Supp.2d 1071 (N.D.Cal.2000) aff'd 257 F.3d 1058 (9th Cir.2001). Following enactment of the IDCPA, in May of 1998, the eight nations that signed the Panama Declaration signed the Agreement on the International Dolphin Conservation Program (“International Agreement”). The International Agreement became effective on February 15, 1999, after four nations (United States, Panama, Equador, and Mexico) deposited their instruments of “ratification, acceptance, or adherence with the depository for the agreement.” Art XXVII; see also IDCPA at § 8, 111 Stat. at 1139. B. The Initial Finding, the Proposed Rule, and the Interim-Final Rule. In May of 1999, Commerce, acting through the NMFS and the NOAA, published its initial finding pursuant to the IDCPA. See Taking of Marine Mammals Incident to Commercial Fishing Operations; Tuna Purse Seine Vessels in the Eastern Tropical Pacific Ocean (ETP); Initial Finding, 64 Fed.Reg. 24590, 24591 (May 7, 1999) (“Initial Finding”). In the Initial Finding, Commerce allowed for the change in the meaning of the tuna label when it determined that no sufficient evidence existed to conclude that intentional encirclement of dolphins with purse seine nets was having an adverse effect on depleted dolphin stock in the ETP. The Initial Finding was challenged in the Northern District of California. See Brower v. Evans, 257 F.3d at 1060. The district court granted the plaintiffs’ motion for summary judgment, holding that the Secretary abused his discretion when he triggered a change in the dolphin-safe label standard on the ground that he lacked sufficient evidence of significant adverse impacts. See Brower v. Daley, 93 F.Supp.2d at 1089. On June 14, 1999, Commerce published a proposed rule to implement the IDCPA. Taking of Marine Mammals Incidental to Commercial Fishing Operations; Tuna Purse Seine Vessels in the Eastern Tropical Pacific Ocean (ETP), 64 Fed.Reg. 31806 (June 1999) (‘Proposed Rule’). Commerce accepted public comments on the Proposed Rule through July 14, 1999. Several plaintiff organizations submitted written comments on the Proposed Rule and testified at the public hearings. Commerce then published its interim-final rule. Taking of Marine Mammals Incidental to Commercial Fishing Operations; Tuna Purse Seine Vessels in the Eastern Tropical Pacific Ocean (ETP), 65 Fed.Reg. 30 (Jan 3, 2000) (“Interim-Final Rule’). On April 12, 2000, Commerce found that the Government of Mexico met the requirements of MMPA section 101(a)(2)(B) and (C) to import yellowfin tuna harvested in the ETP by purse seine vessels into the United States. Notice of this finding was published in the Federal Register on May 8, 2000. Taking and Importing of Marine Mammals, 65 Fed.Reg. 26585 (May 8, 2000). C. Procedural History of this Litigation On February 8, 2000, Plaintiffs filed their original complaint with the court. Upon learning of the pending lifting of the embargo on Mexican tuna, Plaintiffs filed an amended complaint along with a motion for a preliminary injunction, seeking to maintain the embargo on Mexican tuna. On April 12, 2000, the court held an evi-dentiary hearing on the motion for a preliminary injunction. That same day, the United States Customs Service (“Customs”) was instructed to lift the embargo against Mexican yellowfin tuna and tuna products. On April 14, 2000, the court denied Plaintiffs’ motion, and Plaintiffs did not appeal that decision. 24 CIT -, 97 F.Supp.2d 1197 (2000). Plaintiffs now request declaratory relief and a remand to Commerce, but do not renew their request for a continuation of the embargo. For the following reasons, the court denies Plaintiffs’ motion. III. STANDARD OF REVIEW The scope and standard of review for the Court of International Trade is defined by 28 U.S.C. § 2640 (1994). Section 2640(e) provides, “[i]n any civil action not specified in this section, the [court] shall review the matter as provided in [5 U.S.C. § 706].” It is undisputed that this action was properly brought within the court’s jurisdiction under 28 U.S.C. § 1581(f) (1994). As section 2640 does not specify the standard of review for civil actions filed under 28 U.S.C. § 1581(i), the court reviews Plaintiffs’ motion under 5 U.S.C. § 706 (1994). The court must “hold unlawful and set aside agency action, findings, and conclusions found to be — (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law....” 5 U.S.C. § 706(2)(A). The scope of review is limited to the administrative record. See 28 U.S.C. § 2640(e); 5 U.S.C. § 706; USCIT R. 56.1. It is well-settled that the arbitrary and capricious standard of review is not merely deferential to agency action, but the most deferential of the APA standards of review. See In re Gartside, 203 F.3d 1305, 1312 (Fed.Cir.2000) (“Because this [arbitrary and capricious] standard is generally considered to be the most deferential of the APA standards of review, ... the reviewing court analyzes only whether a rational connection exists between the agency’s factfindings and its ultimate action”) (citations omitted). “Such deference [to the administering agency] is justified because ‘[t]he responsibilities for assessing the wisdom of such policy choices and resolving the struggle between competing views of the public interest are not judicial ones,’ Chevron U.S.A., Inc. v. Natural Resources Defense Council, 467 U.S. 837, 866, 104 S.Ct. 2778, 81 L.Ed.2d 694 (1984) and because of the agency’s greater familiarity with the ever-changing facts and circumstances surrounding the subjects regulated.” Food & Drug Admin. v. Brown & Williamson Tobacco Corp., 529 U.S. 120, 132, 120 S.Ct. 1291, 146 L.Ed.2d 121 (2000) (citing Rust v. Sullivan, 500 U.S. 173, 187, 111 S.Ct. 1759, 114 L.Ed.2d 233 (1991)). An agency action will be found to be arbitrary and capricious if the agency has relied upon factors which Congress has not intended it to consider, entirely failed to consider an important aspect of the problem, offered an explanation for its decision that runs counter to the evidence before the agency, or is so implausible that it could not be ascribed to a difference of view or the product of agency expertise. Motor Vehicle Mfr. Ass’n v. State Farm Mutual Auto. Ins., 463 U.S. 29, 43, 103 S.Ct. 2856, 77 L.Ed.2d 443 (1983) (citations omitted). The court will uphold an administrative action if the agency has “considered the relevant factors and articulated a rational connection between the facts found and the choice made.” Baltimore Gas & Electric v. N.R.D.C., 462 U.S. 87, 105, 103 S.Ct. 2246, 76 L.Ed.2d 437 (1983). To determine whether Commerce has acted in accordance with law in reviewing regulations adopted by an agency within the purview of its legislative delegation and mandate, the court must undertake the two step analysis prescribed by Chevron. (“Regulations promulgated pursuant to rulemaking authority granted to administrative agencies are analyzed under the two-step procedure established in the Supreme Court’s Chevron decision.... ” Haggar Apparel Co. v. United States, 222 F.3d 1337, 1340 (Fed.Cir.2000)). First the court must determine whether the statute speaks to the precise question at issue. See Chevron, 467 U.S. at 842, 104 S.Ct. 2778. The expressed will or intent of Congress on a specific issue is dispositive. See Japan Whaling Association v. American Cetacean Society, 478 U.S. 221, 233-237, 106 S.Ct. 2860, 92 L.Ed.2d 166 (1986). Second, if the court determines that the statute is silent or ambiguous, the question to be asked is whether the agency’s construction of the statute is permissible. See Chevron, 467 U.S. at 843, 104 S.Ct. 2778. Essentially, this is an inquiry into the reasonableness of Commerce’s interpretation. See Fujitsu General Ltd. v. United States, 88 F.3d 1034, 1038 (Fed.Cir.1996). “The court need not conclude that the agency construction was the only one it permissibly could have adopted to uphold the construction, or even the reading the court would have reached if the question initially had arisen in a judicial proceeding.” Chevron, 467 U.S. at 843 n.11, 104 S.Ct. 2778(cita-tions omitted). Rather, the court’s “inquiry is confined to the question of whether the agency’s interpretation of the statute is ‘inconsistent with [the] statutory mandate or ... frustrated the congressional policy underlying a statute’ ” Haggar, 222 F.3d at 1340-41 (quoting Bureau of Alcohol, Tobacco & Firearms v. Federal Labor Relations Authority, 464 U.S. 89, 97, 104 S.Ct. 439, 78 L.Ed.2d 195 (1983)). Applying these standards, the court holds that Commerce’s Interim-Final Rule is not arbitrary, capricious, or not in accordance with law. IV. DISCUSSION A. The Interimr-Final Rule is in Accordance with Law. Plaintiffs contend that the Interimr-Fi-nal Rule violates the MMPA, as amended, and is therefore not in accordance with law. First, Defenders claim that Commerce ignored the plain language of the IDCPA by permitting sundown sets upon dolphins upon completion of the backdown procedure a half-hour after sundown, instead of before sundown, as stated in the IDCPA. Second, Plaintiffs assert that the Interim-Final Rule’s triggers for imposition of embargoes upon exporting nations are unauthorized and contrary to the statutory language of the IDCPA. Third, according to Defenders, the tracking and verification programs detailed in the Interim-Final Rule are defective. Finally, Plaintiffs assert that, contrary to Congressional direction given in the IDCPA, Defendants have refused to implement positive incentives toward reducing dolphin mortality, and have even instituted incentives to maintain dolphin mortality at a certain level. 1. The Interimr-Final Rule’s provision on sundown sets is not illegal. The Interimr-Final Rule provides that “[o]n every set encircling dolphin, the backdown procedure must be completed no later than one-half hour after sundown....” 50 C.F.R. § 216.24(c)(6)(iii) (emphasis added). The language of the IDCPA provides, however, that Commerce’s regulations must include provisions “ensuring that the backdown procedure during sets of purse seine net on marine mammals is completed and rolling of the net to sack up has begun no later than 30 minutes before sundown ...” 16 U.S.C. § 1413(a)(2)(B)(v) (emphasis added). Defenders claim that the regulation’s provision on sundown sets is not in accordance with law, because it is contrary to the express language of the enabling statute. If these were the only two examples of the use of such language, Defenders would have a strong argument. However, that is not the case, and Defenders’ argument fails. This case is unique for several reasons. First, the IDCPA is a culmination of a quarter-century of legislative and administrative action, not legislation written on a blank slate. Second, the relationship between the implementing act and the International Agreement inverts the traditional chronological order. Most international agreements receive congressional approval and implementing authority after they have been negotiated. The IDCPA gave standing authority to the executive branch to negotiate an international agreement and to issue regulations to implement the agreement, without returning to Congress for authorization. Therefore, the court does not analyze this language as merely a conflict between a word in the regulations and a word in the statute. It must look to the various statutory revisions, legislative histories, international agreements, diplomatic declarations and the historical practices of the fishing industry in the ETP. Before granting Chevron deference to an agency regulation, the court must carefully investigate the matter to determine whether Congress’s purpose and intent on the question at issue is judicially ascertainable. [T]o ascertain whether Congress had an intention on the precise question at issue, we employ the “traditional tools of statutory construction.” The first and foremost ‘tool’ to be used is the statute’s text, giving it its plain meaning. Because a statute’s text is Congress’ final expression of its intent, if the text answers the question, that is the end of the matter. Timex V.I., Inc. v. United States, 157 F.3d 879, 882 (Fed.Cir.1998) (citations omitted). Congressional intent is paramount; therefore, a court may disregard obvious mistakes, interpreting the statute so as to correct such mistakes. See Bohac v. Dep’t of Agriculture, 239 F.3d 1334, 1337 (Fed. Cir.2001). As the D.C. Circuit stated, “[i]t is obvious, but bears repeating, that in legislative (as in judicial) affairs, allowance must be made for human error and inadvertence.” Citizens to Save Spencer County v. United States Environmental Protection Agency, 600 F.2d 844, 871-72 (D.C.Cir.1979). The law permits courts to correct these mistakes when the “overwhelming evidence” points in one direction and the final language of the act points in another. U.S. Nat’l Bank of Oregon v. Indep. Ins. Agents of America, Inc., 508 U.S. 439, 462, 113 S.Ct. 2173, 124 L.Ed.2d 402 (1993). In such instances the express statutory language standing alone, “shocks common sense.” Crooks v. Harrelson, 282 U.S. 55, 60, 51 S.Ct. 49, 75 L.Ed. 156 (1930). The need for overwhelming evidence is particularly acute in this case. The text without the proposed correction is not confusing on its face. See e.g. U.S. v. American Trucking Assns., 310 U.S. 534, 544, 60 S.Ct. 1059, 84 L.Ed. 1345 (1940). Nor is there a long history of administrative action assuming the mistake. Public Employees Retirement System of Ohio v. Betts, 492 U.S. 158, 171, 109 S.Ct. 2854, 106 L.Ed.2d 134 (1989). The change from “after” to “before” maintains the language’s clarity, and Defenders are challenging the first administrative action under the Act. Despite these obstacles the government has met the burden in this case. Although the language of the regulation does appear to conflict with the express statutory language regarding sundown sets, it does not conflict with the intent of Congress. When the language is placed in the context of twenty-five years of legislative enactments and enforcement congressional intent is clear. In many eases courts look to the traditional sources of legislative history for clarification and support. Griffin v. Oceanic Contractors Inc., 458 U.S. 564, 571, 102 S.Ct. 3245, 73 L.Ed.2d 973 (1982). In this case the court has even more than traditional legislative history to discern legislative intent. Prior legislation that is part of the same legislative scheme to protect dolphins, legislative history, practical considerations and the International Agreement indicate that Congress intended to use the word “after,” rather than “before,” to establish the cutoff period for sundown sets. Prior to the enactment of the 1988 Amendments to the MMPA, the Committee on Merchant Marine and Fisheries stated that “the back-down procedures would be completed and the net would be close to the seine vessel by 30 minutes after sundown.... ” H.R.Rep. No. 100-970, at 31 (1988), reprinted, in 1988 U.S.C.C.A.N. 6154, 6172 (emphasis added). In the text of the 1988 Amendments, Congress directed Commerce to “prescribe regulations to ensure that the backdown procedure during sets of the purse seine net on marine mammals is completed and rolling of the net to sack up has begun no later than thirty minutes after sundown.” Pub.L. No. 100-711, § 4, 102 Stat. 4755, 4767 (1988) (emphasis added). Additionally, as Commerce notes, Annex VIII to the Agreement on the IDCP provides that a tuna boat operating in the Agreement Area must “[c]omplete back-down no later than thirty minutes after sunset.” Annex VIII.3.e (emphasis added). Even the Proposed Rule states that “[s]ince the purpose of the May 1998 Agreement on the IDCP is to implement the IDCP, NMFS proposes that requiring the backdown procedure to be completed no later than one-half hour after sundown best represents the language of the May 1998 Agreement on the IDCP and the spirit of the IDCP.” 64 Fed.Reg. at 31810. Employing a 30 minutes after sundown standard also makes more sense when applied in practice. As Amici pointed out, in order to determine what time 30 minutes before sundown is when at sea, a ship would have to know its exact location and then calculate when the sun drops below the horizon. It makes much more sense to determine the cut-off time based on an easily observable phenomenon like sundown itself. Oral Arg. Tr. at 85 (October 23, 2001). Defenders do not convince the court that Congress’ use of the word “before” is a true expression of Congress’ intent; therefore, the Interim-Final Rule is not contrary to law. In refuting Commerce’s defense, Plaintiffs state that Commerce’s argument of mistake “ignores the uncon-troverted evidence in the record that sundown sets are extremely injurious and dangerous to dolphins, ... and that the final legislative language in the Senate was laden with various hard-fought compromises.” Pis.’ Br. at 13. Unfortunately, Plaintiffs cannot point to any specific language in explaining that the clearly-expressed intent to end such sets after sundown in past legislation changed prior to the enactment of the most recent legislative amendment. The Interim-Final Rule’s provision directing that backdown procedures be completed 30 minutes after sundown does not conflict with express Congressional intent. Therefore, the court holds that the Interim-Final Rule’s provision on sundown sets is in accordance with law. 2. The Final Rule’s Embargo Triggers are Not Contrary to Law. The MMPA, as amended by the IDCPA, provides that the “Secretary of the Treasury shall ban the importation of commercial fish or products from fish ... which results in the incidental kill or incidental serious injury of ocean mammals in excess of United States standards.” 16 U.S.C. § 1371(a). The MMPA further requires the government of the exporting nation to provide documentary evidence of comparability with United States standards. See id. Defenders claim that the Interim-Final Rule warps the strict embargo triggers established by the IDCPA. The court does not agree. a. Extraordinary Circumstances The Interim-Final Rule provides that if the exporting nation’s purse seine fleet exceeds the total dolphin mortality limits or per-stock-per-year limits assigned by the IDCP, that harvesting nation will still be eligible for an affirmative finding if (i) Because of extraordinary circumstances beyond the control of the nation and the vessel captains, the per-stock per-year dolphin mortality of the nations’ purse seine fleet ... exceeded the aggregated total of the per-stock-per-year limits assigned by the IDCP for that nation’s purse seine vessels; and (ii) Immediately after the national authorities discovered the aggregated per-stock mortality limits of its fleet had been exceeded, the nation required all its vessels to cease fishing for tuna in association with the stocks whose limits had been exceeded, for the remainder of the calendar year. 65 Fed.Reg. at 55. Defenders claim that this exception is unauthorized by Congress’ strict language regarding embargoes on exporting nations fishing for tuna in the ETP. Defenders argue that Congress did not contemplate that a nation exceeding its DMLs assigned by the IDCP would still be eligible for an affirmative finding; therefore the “extraordinary circumstances” provision in the Interim-Final Rule is contrary to Congressional intent and contrary to law. The court agrees with Defenders’ argument that an administrative agency is not free to ignore the plain meaning of a statute and substitute its policy judgment for that of Congress. See Pis.’ Br. at 15. But here, there is no language referring to extraordinary circumstances in the statute itself, and by providing for an extraordinary circumstances exception Commerce has not contravened Congress’ clear broad mandate within the legislative language to implement the International Agreement. In examining prior legislation and legislative history, the court notes that while the IDCPA does not contain a provision on extraordinary circumstances, the International Agreement on the IDCP does state: “[i]n cases involving unusual or extraordinary circumstances not foreseen in this Annex, the Parties ... may take such measures as are necessary, consistent with the provisions of this Annex, in order to implement the DML system.” Annex IV. IV.2. The IDCPA notes Congress’ intent that the import ban should not apply, if exporting nations comply with the standards for fishing for yellowfin tuna as memorialized in the IDCP. See H.R.Rep. No. 105-74(11), at 4, 1997 U.S.C.C.A.N. at 1659-60. The IDCPA further authorized Commerce to “issue regulations, and revise those regulations as may be appropriate, to implement the International Dolphin Conservation Program.” 16 U.S.C. § 1413(a)(1). Defenders have not shown that the “extraordinary circumstances” language ignores the plain meaning of the statute or runs contrary to Congressional policy. The presence of an extraordinary circumstances provision in the International Agreement on the IDCP, combined with the statute’s language that embargos should be lifted from nations complying with the standards for ETP fishing as contained within the IDCP (16 U.S.C. § 1371(a)(2)(B)), and Congress’ delegation to Commerce of rulemaking power to implement the IDCP, all indicate to the court that Commerce’s extraordinary circumstances provision in the Interimr-Final Rule is a reasonable interpretation of Congressional intent and thus in accordance with law. b. Per-Stock Per-Year DMLs The IDCPA provides that the import ban will not apply to yellowfin tuna harvested with purse seine nets in the ETP if the exporting nation provides documentary evidence that iii) the total dolphin mortality limits, and per-stock per-year dolphin mortality limits permitted for that nation’s vessels under the International Dolphin Conservation Program do not exceed the limits determined for 1997, or for any year thereafter, consistent with the objective of progressively reducing dolphin mortality to a level approaching zero through the setting of annual limits and the goal of eliminating dolphin mortality, and requirements of the International Dolphin Conservation Program. 16 U.S.C. § 1371(a)(2)(B)(iii). Defenders argue that the Interimr-Final Rule provision on per-stock per-year DMLs evidences Commerce’s attempt to illegally change the per-stock per-year DMLs. Again, the court holds that this provision is in accordance with law. The Interimr-Final Rule provides that in order for the Assistant Administrator of NMFS to make an affirmative finding permitting the importation of yellowfin tuna from the ETP, four conditions must be satisfied. First, the harvesting nation must participate in the IDCP and be either a member of the Inter-American Tropical Tuna Commission (“IATTC”) or have initiated (and within 6 months completed) all steps required of applicant nations to become a member. Second, the nation must meet its obligations under the IDCP and its obligations of membership in the IATTC. Third, the annual total dolphin mortality of the nation’s purse seine fleet must not exceed the aggregated total of the mortality limits assigned by the IDCP. Finally, the nation must respond to notification from the IATTC that an individual stock quota had been reached by prohibiting any additional sets on the stock for which the quota had been reached, or If a per-stock per-year quota is allocated to each nation, the annual per-stock per-year dolphin mortality of the nation’s purse seine fleet (including certified charter vessels operating under its jurisdiction) did not exceed the aggregated total of the per-stock per-year limits assigned by the IDCP for that nation’s purse seine vessels (if any) for the year preceding the year in which the finding would start.... 50 C.F.R. 216.24(f)(9)(ii)(D)(2). Plaintiffs claim that with this provision, Commerce has violated the IDCPA in two ways. First, Commerce has attempted “to make the stock DML mandate somehow optional for foreign tuna exporters.” Pis.’ Br. at 16. Defenders assert that because the IDCPA supports only mandatory per-stock per-year foreign nation DML examinations by the NMFS, the provision is contrary to law. Second, Defenders claim that the regulation only references “a global allocation system for per-stock per-year individual stock quotas,” while the IDCPA requires national per-stock per-year DMLs. Plaintiffs’ assertions that the agency regulations are arbitrary and capricious cannot withstand scrutiny. The text of the IDCPA does not explicitly indicate that mandatory per-stock per-year foreign nation DML examinations are to be required; nor does the IDCPA specifically direct the Secretary of State to negotiate agreements with foreign nations including a national allocation system for the per-stock per-year quotas, as opposed to a global allocation system. Therefore, the court will examine whether the regulations contravene Congressional intent, deferring to the agency’s permissible construction of the statute. Clearly, Congress’ intent behind the per-stock per-year provisions of the IDC-PA was to progressively reduce dolphin mortality. The legislative history of the IDCPA specifically indicates that “[t]otal dolphin mortality under the International Dolphin Conservation Program [should] not exceed 5,000 in 1997, or any year thereafter....” H.R.Rep. No. 105-74(11), at 4, 1997 U.S.C.C.A.N. at 1661. Additionally, the International Agreement noted the signing Parties’ collective intent to “[l]imit total incidental dolphin mortality in the purse-seine tuna fishery in the Agreement Area to no more than five thousand annually....” Art V.l; AR VII-97. The Parties also agreed to “[e]stablish per-stock per-year dolphin mortality caps, and review and assess the effects of these caps.... ” Id. at Article V.2. In neither the text of the statute nor the legislative history does the IDCPA demand that a national, as opposed to global, allocation system for the per-stock per-year quotas be established for an affirmative finding. In promulgating the Interim-Final Rule, Commerce reasonably and properly implemented the goals stated in the statute, legislative history, and related International Agreement. Section 216.24(f)(9)(i)(D)(l) provides that harvesting nations must respond to an IATTC notification that a stock quota has been reached by prohibiting additional sets on the stock for which the quota has been reached, and section 216.24(f)(9)(i)(D)(2) provides that for nations to which a per-stock per-year quota is allocated, the dolphin mortality of that nation’s fleet may not exceed the limits assigned by the IDCP for that nation’s vessels. These requirements in the regulations are completely consistent with specific statutory language and Congressional intent and further the stated goals of the legislation. c. Total Annual DMLs Defenders next challenge the third requirement established for an affirmative finding by the Interim-Final Rule, that, “[t]he annual total dolphin mortality of the nation’s purse seine fleet (including certified charter vessels operating under its jurisdiction) [does] not exceed the aggregated total of the mortality limits assigned by the IDCP for that nation’s purse seine vessels for the year preceding the year in which the finding would start.... ” 50 C.F.R. § 216.24(f)(9)(i)(C)(1). Defenders assert that this regulation is illegal, in that it contravenes the explicit mandate of the IDCPA that annual DMLS “permitted for that nation’s vessels under the International Dolphin Conservation Program do not exceed the limits determined for 1997, or for any year thereafter.” 16 U.S.C. § 1371 (a) (2) (B) (iii). The court agrees with Defendants that Defenders’ brief contains no analysis supporting their argument that this provision of the Interim-Final Rule violates the IDCPA, other than a comparison of the language of the regulation with the statutory language. Indeed, “[t]he mere fact that the regulatory language adopted by Commerce differs from the language contained in the IDCPA does not establish that the regulation is contrary to law.” De/s. ’ Br, at 34. Congress has delegated to Commerce the authority to issue regulations to implement the IDCPA. Such implementation could not occur if Commerce did not have the freedom to employ language other than that used in the statute. The court does not perceive how the regulation is unreasonable or contrary to Congress’ intent that dolphin mortality limits be reduced. Defenders’ mere statement that although the standard might be a useful guidepost for the government, it is not the standard adopted by Congress, does not prove that Commerce’s interpretation was arbitrary and capricious and not in accordance with law. As earlier noted, Congress delegated to Commerce the authority to make regulations to implement the IDCPA and make appropriate adjustments. The court will defer to a regulation promulgated in exercise of that authority. d. Five-Year Affirmative Findings The Interinu-Final Rule provides that once the Assistant Administrator makes and publishes an affirmative finding, A finding will remain valid for 1 year or for other such period as the Assistant Administrator may determine. An affirmative finding will be terminated if the Assistant Administrator determines that the requirements of this paragraph are no longer being met. Every 5 years, the government of the harvesting nation, must submit such documentary evidence directly to the Assistant Administrator and request an affirmative finding. Documentary evidence needs to be submitted by the harvesting nation for the first affirmative finding subsequent to the effective date of this rule. 50 C.F.R. § 216.24(f)(9)(i). Defenders claim that in promulgating this regulation, “Defendants have granted themselves unwarranted authority to institute a five-year lapse for documentary evidence required from foreign nations for an affirmative finding by the Assistant Administrator.” Pis. ’ Br. at 17. The court holds that this provision does not permit such a lapse in the receipt of documentary evidence, and is in accordance with law. In support of their argument, Defenders state that Congress intended that documentary evidence be obtained annually, and that “annual findings are anticipated by [the statute] and best reflect the requirements of the act.” Pis.’ Br. at 18 (quoting Marine Mammal Commission’s statement, S-3 at 3). Defenders additionally note that the IDCPA does not mention five-year intervals, but does specifically mention yearly DMLs and financial budgets of the IATTC based on annual schedules. Defenders are correct that no mention of a five-year interval exists in the statute, and that the statute does discuss per-stock per-year DMLs and a showing that a nation is meeting its financial obligation in the IATTC. See 16 U.S.C. § 1371(a)(2)(B)(ii). Commerce does not dispute that evidence supporting an affirmative finding must be submitted annually. Yet, the statute does not specifically require yearly submission of documentary evidence specifically from foreign nations, and Defenders do not provide any evidence that Congress indicated that relevant documentary evidence could be prepared and submitted only by the exporting nations themselves. Therefore, the court will defer to Commerce’s reasonable interpretation of the statute. In the Interim-Final Rule, Commerce provided that “NMFS will gather the necessary documentary information through other channels (e.g. the Department of State and/or the IATTC), provided nations authorize the release of the information, instead of having each nation submit the information to NMFS on an annual basis. NMFS will evaluate this evidence and continue to make affirmative findings on an annual basis.” 65 Fed.Reg. at 33. Additionally, Commerce added that upon request, nations will be required to submit documentary evidence to NMFS before the five-year moratorium. See 50 C.F.R. § 216.24(f)(9)(i). With these statements in the Interim-Final Rule, Commerce provided additional means of obtaining information necessary to make annual findings, other than direct receipt from the exporting nations. Thus, Commerce did not promulgate a regulation contravening Congressional intent that findings be made annually; rather, Commerce does not require that documentary evidence supporting those annual findings be obtained directly from the nation seeking the affirmative finding annually. Defenders have not proved otherwise. 3. The Tuna Tracking and Verification Program is in Accordance with Law. Congress provided Commerce with much discretion in implementing a program for tracking and verifying the importation of tuna. The IDCPA directs Commerce to “issue regulations to implement this Act, including regulations to establish a domestic tracking and verification program that provides for the effective tracking of tuna labeled under subsection (d) of this section.” 16 U.S.C. § 1385(f). Congress listed specific “minimum requirements” that the Secretary must follow in promulgating the regulations, allowing the Secretary to “make such adjustments as may be appropriate to the regulations promulgated under this subsection to implement an international tracking and verification program that meets or exceeds the minimum requirements established by the Secretary under this subsection.” 16 U.S.C. § 1385(f)(7). The Interim-Final Rule establishes the Congressionally-mandated tuna tracking and verification program. First, the Rule enables tracking of “dolphin-safe” and “non-dolphin-safe” tuna during fishing operations in the ETP by requiring documentation of the date of trip, set number, date of loading, name of vessel, vessel Captain’s name, observer’s name, well number, weights by species composition, estimated tons loaded, and date of set on IDCP-approved Tuna Tracking Forms (“TTFs”). See 50 C.F.R. § 216.94(a). 50 C.F.R. § 216.94(b)(1) provides that “tuna caught in sets designated as ‘dolphin-safe’ by the vessel observer must be stored separately from tuna caught in ‘non-dolphin-safe’ sets ... except as provided in paragraph (b)(2) of this section.” One TTF is generated for tuna harvested in a “dolphin-safe” manner, and another for tuna harvested in a “non-dolphin-safe” manner. Additionally, the regulation requires tracking during both offloading operations and canning operations. The Inteñm-Final Rule also provides several verification requirements. “Any exporter, transshipper, importer, or processor of any tuna ... harvested in the ETP must maintain records related to that tuna for at least three years.” Additionally, the program requires that within 30 days of receiving a written request, such records must be submitted to the Administrator. 50 C.F.R. § 216.94(e)(2). Finally, “any such exporter, transshipper, importer, or processor must provide the Administrator, Southwest Region, timely access to all pertinent records and facilities to allow for audits and spot-checks on caught, landed, and processed tuna.” 50 C.F.R. § 216.94(e)(3). Defenders claim that Commerce promulgated a defective and illegal tracking and verification program. Defenders’ claims are meritless; Commerce’s tracking and verification program meets Congressional requirements and is in accordance with law. a. Documentation Defenders complain that the tracking and verification program contains “serious and substantial gaps in the paper trail.” Pis. ’ Br. at 20. First, Plaintiffs claim that an opportunity for switching dolphin-safe with non-dolphin-safe tuna “has been exponentially expanded under the new 50 C.F.R. § 216.93.” Id. at 21. Section 216.93 is entitled “Submission of Documentation,” and remains largely unchanged from its predecessor. Defenders assert that the section was permissible prior to the enactment of the IDCPA, because “the previous legal regime, ... was completely dolphin safe, [and] there was basically no opportunity for switching dolphin-safe and dolphin-unsafe tuna after documentation had been submitted to government officials.” Pis.’ Br. at 20-21. Yet, because dolphin-unsafe tuna is now permitted to enter the United States under the IDCPA, the regulation regarding submission of documentation is arbitrary and capricious. Section 216.93 references other provisions of the Interim^-Final Rule, which in turn impose various requirements for documentation. Additionally, as provided in § 216.94(e)(1), records must be maintained for three years, and all documentation must be submitted to the agency upon request. See 50 C.F.R. § 216.94(e)(2). The court recognizes that the importation and sale of both dolphin-safe and non-dolphin-safe tuna in the U.S. provides more opportunity for confusion or outright fraud in contrast to the former scheme which prohibited any non-dolphin-safe importation or sale. However, this change was negotiated as part of the Panama Declaration as a condition of participation in the International Dolphin Conservation Program by tuna exporting countries and agreed to by the United States. By enacting the IDCPA Congress authorized the Executive Branch to implement this policy decision. The documentation requirements of the regulations provide for “verifications and tracking throughout the fishing, transshipment and canning process,” “[periodic audits and spot checks” and “timely access to data required” as the statute directs. 16 U.S.C. § 1385(f). Therefore,’ the regulation is not arbitrary and capricious as Plaintiffs claim. Second, Defenders complain of “another significant paperwork problem,” that imported tuna from foreign nations need not be accompanied by TTFs while in the United States. Rather, foreign nations need only provide “unverifiable summaries of tuna tracking forms.” Pis.’ Br. at 21. As such, Defenders state, the United States Customs Service’s (“Customs”) role in preventing illegally caught or labeled tuna from entering the United States is severely hampered. Commerce responds that the Interim-Final Rule does require that foreign tuna offered for sale or export in the United States be accompanied by “a listing of vessel names and identifying numbers of the associated Tuna Tracking Forms for each trip of which tuna in the shipment originates.” 50 C.F.R. § 216.92(b)(4). As such, Commerce will be able to determine the identifying number of the TTF and request the TTF itself if necessary. That the actual TTF will not automatically accompany tuna sold or exported in the United States, but is obtainable if necessary, does not render the documentation requirements lacking or ineffective. Third, Defenders claim that the tracking and verification program is ineffective because the FCO forms no longer contain information on whether dolphins were encircled intentionally by purse seine nets in the ETP. Defenders assert that this lack of information provided in the FCO “seriously hampers” the role of Customs by preventing non-dolphin-safe tuna from entering the United States. Pis.’Mot. at 21. Commerce responds by noting that this information — whether dolphins were encircled intentionally by purse seine nets — is now provided in the certification process, rather than through the FCO. Section 216.92(b)(3) provides that imported tuna offered for sale or export must be accompanied by “valid documentation signed by a representative of the appropriate IDCP member nation, certifying that: ... [t]he tuna contained in the shipment were caught according to the dolphin-safe labeling standards of § 216.91.” In turn, § 216 .91(a)(l)(iii) provides: If the Assistant Administrator publishes notification in the Federal Register announcing a finding that the intentional deployment of purse seine nets on or encirclement of dolphins is having a significant adverse impact on any depleted stock: Then only those tuna meeting the following two criteria will be considered dolphin-safe: (A) No tuna products were caught on a trip using a purse seine net intentionally deployed on or to encircle dolphins; and (B) No dolphins were killed or seriously injured during the sets in which the tuna were caught. Documentation of dolphin encirclement, while no longer provided in the FCO, is still required and still functions to prevent illegally-caught or labeled tuna from entering the United States. Defenders have therefore failed to show how this section of the Interim-Final Rule is ineffective. Finally, Defenders claim that the Interim-Final Rule fails to provide a method of tracking foreign-caused dolphin mortality, because it does not place a duty upon foreign vessels to report to the United States Government, aside from the “flawed FCO.” Pis.’ Br. at 21-22. According to Plaintiffs, the system therefore provides no assurance to United States consumers that the tuna they purchase is indeed dolphin-safe. Commerce responds that Congress did not intend such public dissemination, but “[o]n the contrary, ... provided that Commerce will ‘establish appropriate procedures for ensuring the confidentiality of proprietary information, the submission of which is voluntary or mandatory.’ ” Defs.’ Br. at 47 (quoting 16 U.S.C. § 1385(f)). The court does not endorse Commerce’s assumption that foreign-caused dolphin mortality is necessarily “proprietary information.” However, Congress did not specifically indicate that foreign-caused dolphin mortality must be reported on a level greater than the public status reports periodically provided by NMFS. As the statute is silent on this subject, the court defers to Commerce’s reasonable interpretation of the statute. Commerce’s failure to require public reporting of foreign-caused dolphin mortality is not a result of complete failure to consider an important aspect of the problem, and is certainly not so “implausible that it could not be ascribed to a difference of view or the product of agency expertise.” See Motor Vehicle Mfr. Ass’n, 463 U.S. at 43, 103 S.Ct. 2856. b. Verification The IDCPA directs Commerce to address in its regulations, “[t]he use of periodic audits and spot checks for caught, landed, and processed tuna products labeled in accordance with subsection (d) of this section.” 16 U.S.C. § 1385(f)(6). Defenders complain that the Interim-Final Rule does not address how these spot checks and periodic audits will occur. In its defense, Commerce states that it was required to do no more than specify that “[ujpon request ... any such exporter, transshipper, importer, or processor must provide ... access to all pertinent records and facilities to allow for audits and spot-checks on caught, landed, and processed tuna.” 50 C.F.R. § 216.94(e)(3). The statute does not direct the manner in which Commerce must conduct periodic verifications. Commerce interpreted the statute to evidence Congress’ intent that the agency use its discretion in determining the methods and frequency of the verifications. That interpretation is rational, reasonable, and in accordance with law. Commerce might have provided additional guidance had the agency heeded the suggestions of the Marine Mammal Commission (“MMC”) that Commerce “provide some sort of estimate ... of effort it expects to make to track tuna under the tracking and verification program.” AR Sl-3 at 4. Yet, that Commerce did not indicate more specific directions to be followed in conducting the periodic audits and spot checks, is neither arbitrary nor capricious. Defenders further assert that NMFS ignored the expertise of Customs in constructing the tracking and verification program, despite Congress’ requirement that “[t]he Secretary, in consultation with the Secretary of the Treasury, shall issue regulations to implement this Act ...” 16 U.S.C. § 1385(f). Notwithstanding Customs’ response that it was unable and unwilling to monitor compliance with the dolphin-safe labeling requirements beyond examining the FCO form, NMFS “has attempted to thrust this responsibility onto Customs ...” Pis. ’ Br. at 23. Commerce evidenced its consultation with the Secretary of the Treasury in the Interim-Final Rule. See 65 Fed.Reg. at 31. (“In addition to publishing the proposed rule in the Federal Register, NMFS sent it to industry representatives, environmental groups, vessel and operator certificate of inclusion holders, importers, IDCP member nations, Department of State, IATTC, U.S. Commissioners to the IATTC, Department of the Treasury, U.S. Customs Service, Marine Mammal Commission, Department of Justice, and the Federal Trade Commission.”) It is true that Customs responded that it was unable and unwilling to monitor compliance with the dolphin-safe labeling requirements beyond examination of the FCO form, and that the Interim-Final Rule “needs closer scrutiny.” Robert J. McNamara, Acting Assistant Commissioner U.S. Customs Letter to J. Allison Routt, April 10, WOO; Plaintiff’s Appendix E. However, the degree to which Commerce incorporates Customs’ comments into the final rule is firmly within Commerce’s discretion. The IDCPA does not require Commerce to adopt Customs’ proposed changes to the proposed rule. Thus, the court holds that the provision in the Interinu-Final Rule on periodic audits and spot checks complies with the Congressional directive, and is therefore not arbitrary or capricious. c. Jurisdictional Gaps Defenders contend that the tracking and verification program also suffers from “serious jurisdictional gaps” among tuna-fishing nations in the ETP, in that “the rule does not address the real world possibility of U.S. purse-seine vessels offloading the tuna onto foreign (e.g. Mexican) trucks, storage facilities or carrier vessels, or vice-versa (i.e. foreign fishing vessels offloading to U.S. carriers).” Pis.’ Br. at 23. The IDCP states: If tuna is unloaded from a fishing vessel in port and subsequently loaded aboard a carrier vessel for transport to a processing location, the state under whose jurisdiction the fishing vessel operates shall be responsible for obtaining the TTFs, ... and verifying that the dolphin safe tuna is kept separated from the non-dolphin safe tuna during the carrier loading and transporting process. AR C02-24 at Appendix 2, § 5.3. Commerce provided in the Interinu-Final Rule that, “[w]hen ETP-caught tuna is offloaded from a U.S. purse seiner in any port and subsequently loaded aboard a carrier vessel for transport to a cannery outside the jurisdiction of the United States ... [t]he U.S. caught tuna becomes the tracking and verification responsibility of the foreign buyer when it is offloaded from the U.S. vessel.” 50 C.F.R. § 216.94(b)(6)(ii). As such, Plaintiffs claim, the Interim-Final Rule allows for a gap in which no country will possess tracking and verification responsibility when a U.S. vessel offloads ETP yellowfin tuna to a foreign carrier vessel. According to Plaintiffs, this result contravenes the IDCPA. “Defenders appear to be concerned about the potential for U.S.-caught tuna to be offloaded to a foreign carrier vessel, shipped to a foreign country, and then reentered into the United States as a canned product.” De/s.’ Br. at 49. Defendants respond that no such loophole exists, as imported tuna products, including canned tuna, must comply with the documentation requirements of sections 216.91 through 216.94. Such documentation requirements will permit Commerce to track the imports back to the U.S. vessel originally harvesting the tuna. Plaintiffs’ argument that such loopholes exist and therefore violate the Congressional mandate that the final rule address “shore-based verification and tracking throughout the fishing, transshipment, and canning process.... ” 16 U.S.C. § 1385(f)(5), is based on Plaintiffs’ prior inferences and assumptions that the documentation submissions requirements of the Interim-Final Rule are inadequate. The court holds in subsection (a), supra, of this opinion that the documentation submissions are indeed adequate and in accordance with law. Commerce will be able to track imports and avoid Plaintiffs’ hypothetical situation wherein no country is responsible for verifying the dolphin-safe status of ETP tuna. 4. The Interim-Final Rule adequately addresses reduction of dolphin mortality. Defenders claim that Commerce has illegally failed to implement incentives toward reducing or eliminating dolphin mortality. Furthermore, according to Plaintiffs, Commerce’s Interim-Final Rule institutes incentives to maintain dolphin mortality at current levels. Defendants counter that Congress did not direct Commerce to issue regulations addressing incentives, and that therefore, the Interim-Final Rule is in accordance wit