Union Calendar No. 366

104TH CONGRESS

2D SESSION H. R. 2823

[Report No. 104–665, Parts I and II]

A BILL

To amend the Marine Mammal Protection Act of

Ocean, and for other purposes.servation Program in the eastern tropical Pacific1972 to support the International Dolphin ConJULY 23, 1996

Reported from the Committee on Ways and Means, comState of the Union, and ordered to be printed mitted to the Committee of the Whole House on the
IB

Union Calendar No. 366

104TH CONGRESS

2D SESSION H. R. 2823

[Report No. 104–665, Parts I and II]

To amend the Marine Mammal Protection Act of 1972 to support the International Dolphin Conservation Program in the eastern tropical Pacific

Ocean, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

DECEMBER 21, 1995

Mr. GILCHREST (for himself, Mr. CUNNINGHAM, Mr. RICHARDSON, Mr.

BOEHLERT, Mr. BILBRAY, Mr. GOSS, Mr. YOUNG of Alaska, Mr. PACKARD, Mr. CASTLE, Mr. LAZIO of New York, Mr. GILLMOR, Mr. KOLBE,

Mr. SHAYS, Mr. HUNTER, Mr. KLUG, Mr. HANSEN, Mr. POMBO, Mr.

CARDIN, Mr. DEFAZIO, Mr. COBLE, Mr. EHLERS, Mr. UPTON, Mr.

DAVIS, Mrs. MORELLA, Mr. TORKILDSEN, Mr. FOLEY, and Mr. BLUTE)

introduced the following bill; which was referred to the Committee on Resources

JULY 10, 1996

Reported from the Committee on Resources with an amendment, referred to

the Committee on Ways and Means for a period ending not later than

July 23, 1996, for consideration of such provisions of the bill and amendment as fall within the jurisdiction of that committee pursuant to clause

1(s), rule X

[Strike out all after the enacting clause and insert the part printed in italic]

JULY 23, 1996

Additional sponsors: Mr. ORTIZ, Mr. FRELINGHUYSEN, Mr. LARGENT, Mr.

FARR of California, Mr. WALSH, Mr. KASICH, Mr. GOODLATTE, Mrs.

KELLY, Ms. MOLINARI, Mr. TRAFICANT, Mr. RIGGS, Mr. ACKERMAN, and

Mr. ALLARD

Deleted sponsor: Mr. DEFAZIO (added December 21, 1995; deleted April 18,

1996)

JULY 23, 1996

Reported from the Committee on Ways and Means, committed to the Commit-
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tee of the Whole House on the State of the Union, and ordered to be

printed

[For text of introduced bill, see copy of bill as introduced on December 21, 1995]

A BILL

To amend the Marine Mammal Protection Act of 1972 to

support the International Dolphin Conservation Program

in the eastern tropical Pacific Ocean, and for other

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; REFERENCES.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘International Dolphin Conservation Program Act’’.

6 (b) REFERENCES TO MARINE MAMMAL PROTECTION

7 ACT.—Except as otherwise expressly provided, whenever in

8 this Act an amendment or repeal is expressed in terms of

9 an amendment to, or repeal of, a section or other provision,

10 the reference shall be considered to be made to a section or

11 other provision of the Marine Mammal Protection Act of

12 1972 (16 U.S.C. 1361 et seq.).

13 SEC. 2. PURPOSE AND FINDINGS.

14 (a) PURPOSE.—The purposes of this Act are—

15 (1) to give effect to the Declaration of Panama,

16 signed October 4, 1995, by the Governments of Belize,

17 Colombia, Costa Rica, Ecuador, France, Honduras,
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1 Mexico, Panama, Spain, the United States of Amer2 ica, Vanuatu, and Venezuela, including the establish3 ment of the International Dolphin Conservation Pro4 gram, relating to the protection of dolphins and other

5 species, and the conservation and management of

6 tuna in the eastern tropical Pacific Ocean;

7 (2) to recognize that nations fishing for tuna in

8 the eastern tropical Pacific Ocean have achieved sig9 nificant reductions in dolphin mortality associated

10 with that fishery; and

11 (3) to eliminate the ban on imports of tuna from

12 those nations that are in compliance with the Inter13 national Dolphin Conservation Program.

14 (b) FINDINGS.—The Congress finds the following:

15 (1) The nations that fish for tuna in the eastern

16 tropical Pacific Ocean have reduced dolphin mortali17 ties associated with that fishery from hundreds of

18 thousands annually to fewer than 5,000 annually.

19 (2) The provisions of the Marine Mammal Pro20 tection Act of 1972 that impose a ban on imports

21 from nations that fish for tuna in the eastern tropical

22 Pacific Ocean have served as an incentive to reduce

23 dolphin mortalities.
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1 (3) Tuna canners and processors of the United

2 States have led the canning and processing industry

3 in promoting a dolphin-safe tuna market.

4 SEC. 3. DEFINITIONS.

5 Section 3 (16 U.S.C. 1362) is amended by adding at

6 the end the following new paragraphs:

7 ‘‘(28) The term ‘International Dolphin Conserva8 tion Program’ means the international program es9 tablished by the agreement signed in La Jolla, Cali10 fornia, in June 1992, as formalized, modified, and

11 enhanced in accordance with the Declaration of Pan12 ama, that requires—

13 ‘‘(A) that the total annual dolphin mortal14 ity in the purse seine fishery for yellowfin tuna

15 in the eastern tropical Pacific Ocean not exceed

16 5,000, with the commitment and objective to pro17 gressively reduce dolphin mortality to levels ap18 proaching zero through the setting of annual

19 limits;

20 ‘‘(B) the establishment of a per-stock per21 year mortality limit for dolphins, for each year

22 through the year 2000, of between 0.2 percent

23 and 0.1 percent of the minimum population esti24 mate;
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1 ‘‘(C) beginning with the year 2001, that the

2 per-stock per-year mortality of dolphin not ex3 ceed 0.1 percent of the minimum population esti4 mate;

5 ‘‘(D) that if the mortality limit set forth in

6 subparagraph (A) is exceeded, all sets on dol7 phins shall cease for the fishing year concerned;

8 ‘‘(E) that if the mortality limit set forth in

9 subparagraph (B) or (C) is exceeded sets on such

10 stock and any mixed schools containing members

11 of such stock shall cease for that fishing year;

12 ‘‘(F) in the case of subparagraph (B), to

13 conduct a scientific review and assessment in

14 1998 of progress toward the year 2000 objective

15 and consider recommendations as appropriate;

16 and

17 ‘‘(G) in the case of subparagraph (C), to

18 conduct a scientific review and assessment re19 garding that stock or those stocks and consider

20 further recommendations;

21 ‘‘(H) the establishment of a per-vessel maxi22 mum annual dolphin mortality limit consistent

23 with the established per-year mortality caps; and

24 ‘‘(I) the provision of a system of incentives

25 to vessel captains to continue to reduce dolphin
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1 mortality, with the goal of eliminating dolphin

2 mortality.

3 ‘‘(29) The term ‘Declaration of Panama’ means

4 the declaration signed in Panama City, Republic of

5 Panama, on October 4, 1995.’’.

6 SEC. 4. AMENDMENTS TO TITLE I.

7 (a) AUTHORIZATION FOR INCIDENTAL TAKING.—Sec8 tion 101(a)(2) (16 U.S.C. 1371(a)(2)) is amended as fol9 lows:

10 (1) By inserting after the first sentence ‘‘Such

11 authorizations may also be granted under title III

12 with respect to the yellowfin tuna fishery of the east13 ern tropical Pacific Ocean, subject to regulations pre14 scribed under that title by the Secretary without re15 gard to section 103.’’.

16 (2) By striking the semicolon in the second sen17 tence and all that follows through ‘‘practicable’’.

18 (b) DOCUMENTARY EVIDENCE.—Section 101(a) (16

19 U.S.C. 1371(a)) is amended by striking so much of para20 graph (2) as follows subparagraph (A) and as precedes sub21 paragraph (C) and inserting:

22 ‘‘(B) in the case of yellowfin tuna harvested

23 with purse seine nets in the eastern tropical Pa24 cific Ocean, and products therefrom, to be ex25 ported to the United States, shall require that the
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1 government of the exporting nation provide docu2 mentary evidence that—

3 ‘‘(i) the tuna or products therefrom

4 were not banned from importation under

5 this paragraph before the effective date of

6 the International Dolphin Conservation

7 Program Act;

8 ‘‘(ii) the tuna or products therefrom

9 were harvested after the effective date of the

10 International Dolphin Conservation Pro11 gram Act by vessels of a nation which par12 ticipates in the International Dolphin Con13 servation Program, such harvesting nation

14 is either a member of the Inter-American

15 Tropical Tuna Commission or has initiated

16 (and within 6 months thereafter completed)

17 all steps (in accordance with article V,

18 paragraph 3 of the Convention establishing

19 the Inter-American Tropical Tuna Commis20 sion) necessary to become a member of that

21 organization, or the Inter-American Tropi22 cal Tuna Commission, whichever is appro23 priate, and such harvesting nation has im24 plemented the obligations of the Inter25 national Dolphin Conservation Program
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1 and the obligations of that member as mem2 ber of the Inter-American Tropical Tuna

3 Commission;

4 ‘‘(iii) the total dolphin mortality per5 mitted under the International Dolphin

6 Conservation Program will not exceed 5,000

7 in 1996, or in any year thereafter, consist8 ent with the commitment and objective of

9 progressively reducing dolphin mortality to

10 levels approaching zero through the setting

11 of annual limits and the goal of eliminating

12 dolphin mortality; and

13 ‘‘(iv) the tuna or products therefrom

14 were harvested after the effective date of the

15 International Dolphin Conservation Pro16 gram Act by vessels of a nation which par17 ticipates in the International Dolphin Con18 servation Program, and such harvesting na19 tion has not vetoed the participation by any

20 other nation in such Program.’’.

21 (c) ACCEPTANCE OF EVIDENCE COVERAGE.—Section

22 101 (16 U.S.C. 1371) is amended by adding at the end the

23 following new subsections:

24 ‘‘(d) ACCEPTANCE OF DOCUMENTARY EVIDENCE.—The

25 Secretary shall not accept documentary evidence referred to
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1 in section 101(a)(2)(B) as satisfactory proof for purposes

2 of section 101(a)(2) if—

3 ‘‘(1) the government of the harvesting nation

4 does not authorize the Inter-American Tropical Tuna

5 Commission to release sufficient information to the

6 Secretary to allow a determination of compliance

7 with the International Dolphin Conservation Pro8 gram; or

9 ‘‘(2) after taking into consideration this infor10 mation, findings of the Inter-American Tropical

11 Tuna Commission, and any other relevant informa12 tion, including but not limited to information that a

13 nation is consistently failing to take enforcement ac14 tions on violations which diminish the effectiveness of

15 the International Dolphin Conservation Program, the

16 Secretary, in consultation with the Secretary of State,

17 finds that the harvesting nation is not in compliance

18 with the International Dolphin Conservation Pro19 gram.

20 ‘‘(e) EXEMPTION.—The provisions of this Act shall not

21 apply to a citizen of the United States when such citizen

22 incidentally takes any marine mammal during fishing op23 erations outside the United States exclusive economic zone

24 (as defined in section 3(6) of the Magnuson Fishery Con25 servation and Management Act (16 U.S.C. 1802(6))) when
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1 employed on a foreign fishing vessel of a harvesting nation

2 which is in compliance with the International Dolphin

3 Conservation Program.’’.

4 (d) ANNUAL PERMITS.—Section 104(h) is amended to

5 read as follows:

6 ‘‘(h) ANNUAL PERMITS.—(1) Consistent with the regu7 lations prescribed pursuant to section 103 and the require8 ments of section 101, the Secretary may issue an annual

9 permit to a United States vessel for the taking of such ma10 rine mammals, together with regulations to cover the use

11 of any such annual permits.

12 ‘‘(2) Annual permits described in paragraph (1) for

13 the incidental taking of marine mammals in the course of

14 commercial purse seine fishing for yellowfin tuna in the

15 eastern tropical Pacific Ocean shall be governed by section

16 304, subject to the regulations issued pursuant to section

17 302.’’.

18 (e) REVISIONS AND FUNDING SOURCES.—Section

19 108(a)(2) (16 U.S.C. 1378(a)(2)) is amended as follows:

20 (1) By striking ‘‘and’’ at the end of subpara21 graph (A).

22 (2) By adding at the end the following:

23 ‘‘(C) discussions to expeditiously negotiate

24 revisions to the Convention for the Establishment

25 of an Inter-American Tropical Tuna Commis-
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1 sion (1 UST 230, TIAS 2044) which will incor2 porate conservation and management provisions

3 agreed to by the nations which have signed the

4 Declaration of Panama; and

5 ‘‘(D) discussions with those countries likely

6 to participate in the International Dolphin Con7 servation Program, to identify alternative

8 sources of funds to ensure that needed research

9 and other measures benefiting effective protection

10 of dolphins, other marine species, and the ma11 rine ecosystem;’’.

12 (f) REPEAL OF NAS REVIEW.—Section 110 (16 U.S.C.

13 1380) is amended as follows:

14 (1) By redesignating subsection (a)(1) as sub15 section (a).

16 (2) By striking subsection (a)(2).

17 (g) LABELING OF TUNA PRODUCTS.—Paragraph (1)

18 of section 901(d) of the Dolphin Protection Consumer Infor19 mation Act (16 U.S.C. 1385(d)(1)) is amended to read as

20 follows:

21 ‘‘(1) It is a violation of section 5 of the Federal Trade

22 Commission Act for any producer, importer, exporter, dis23 tributor, or seller of any tuna product that is exported from

24 or offered for sale in the United States to include on the

25 label of that product the term ‘Dolphin Safe’ or any other
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1 term or symbol that falsely claims or suggests that the tuna

2 contained in the product was harvested using a method of

3 fishing that is not harmful to dolphins if the product con4 tains any of the following:

5 ‘‘(A) Tuna harvested on the high seas by a vessel

6 engaged in driftnet fishing.

7 ‘‘(B) Tuna harvested in the eastern tropical Pa8 cific Ocean by a vessel using purse seine nets unless

9 the tuna is considered dolphin safe under paragraph

10 (2).

11 ‘‘(C) Tuna harvested outside the eastern tropical

12 Pacific Ocean by a vessel using purse seine nets un13 less the tuna is considered dolphin safe under para14 graph (3).

15 ‘‘(D) Tuna harvested by a vessel engaged in any

16 other fishery with a regular and significant inciden17 tal mortality of marine mammals.’’.

18 (h) DOLPHIN SAFE TUNA.—(1) Paragraph (2) of sec19 tion 901(d) of the Dolphin Protection Consumer Informa20 tion Act (16 U.S.C. 1385(d)(2)) is amended to read as fol21 lows:

22 ‘‘(2)(A) For purposes of paragraph (1)(B), a tuna

23 product that contains tuna harvested in the eastern tropical

24 Pacific Ocean by a vessel using purse seine nets is dolphin

25 safe if the vessel is of a type and size that the Secretary
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1 has determined, consistent with the International Dolphin

2 Conservation Program, is not capable of deploying its purse

3 seine nets on or to encircle dolphins, or if the product meets

4 the requirements of subparagraph (B).

5 ‘‘(B) For purposes of paragraph (1)(B), a tuna prod6 uct that contains tuna harvested in the eastern tropical Pa7 cific Ocean by a vessel using purse seine nets is dolphin

8 safe if the product is accompanied by a written statement

9 executed by the captain of the vessel which harvested the

10 tuna certifying that no dolphins were killed during the sets

11 in which the tuna were caught and the product is accom12 panied by a written statement executed by—

13 ‘‘(i) the Secretary or the Secretary’s designee;

14 ‘‘(ii) a representative of the Inter-American

15 Tropical Tuna Commission; or

16 ‘‘(iii) an authorized representative of a partici17 pating nation whose national program meets the re18 quirements of the International Dolphin Conservation

19 Program,

20 which states that there was an observer approved by the

21 International Dolphin Conservation Program on board the

22 vessel during the entire trip and documents that no dol23 phins were killed during the sets in which the tuna con24 cerned were caught.
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1 ‘‘(C) The statements referred to in clauses (i), (ii), and

2 (iii) of subparagraph (B) shall be valid only if they are

3 endorsed in writing by each exporter, importer, and proc4 essor of the product, and if such statements and endorse5 ments comply with regulations promulgated by the Sec6 retary which would provide for the verification of tuna

7 products as dolphin safe.’’.

8 (2) Subsection (d) of section 901 of the Dolphin Protec9 tion Consumer Information Act (16 U.S.C. 1385(d)) is

10 amended by adding the following new paragraphs at the

11 end thereof:

12 ‘‘(3) For purposes of paragraph (1)(C), tuna or a tuna

13 product that contains tuna harvested outside the eastern

14 tropical Pacific Ocean by a vessel using purse seine nets

15 is dolphin safe if—

16 ‘‘(A) it is accompanied by a written statement

17 executed by the captain of the vessel certifying that no

18 purse seine net was intentionally deployed on or to

19 encircle dolphins during the particular voyage on

20 which the tuna was harvested; or

21 ‘‘(B) in any fishery in which the Secretary has

22 determined that a regular and significant association

23 occurs between marine mammals and tuna, it is ac24 companied by a written statement executed by the

25 captain of the vessel and an observer, certifying that
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1 no purse seine net was intentionally deployed on or

2 to encircle marine mammals during the particular

3 voyage on which the tuna was harvested.

4 ‘‘(4) For purposes of paragraph (1)(D), tuna or a tuna

5 product that contains tuna harvested in a fishery identified

6 by the Secretary as having a regular and significant inci7 dental mortality or serious injury of marine mammals is

8 dolphin safe if it is accompanied by a written statement

9 executed by the captain of the vessel and an observer par10 ticipating in a national or international program accept11 able to the Secretary certifying that no marine mammals

12 were killed in the course of the fishing operation or oper13 ations in which the tuna were caught.

14 ‘‘(5) No tuna product may be labeled with any ref15 erence to dolphins, porpoises, or marine mammals, unless

16 such product is labeled as dolphin safe in accordance with

17 this subsection.’’.

18 (i) TRACKING AND VERIFICATION.—Subsection (f) of

19 section 901 of the Dolphin Protection Consumer Informa20 tion Act (16 U.S.C. 1385(f)) is amended to read as follows:

21 ‘‘(f) TRACKING AND VERIFICATION.—The Secretary, in

22 consultation with the Secretary of the Treasury, shall issue

23 regulations to implement subsection (d) not later than 3

24 months after the date of enactment of the International Dol25 phin Conservation Program Act. Such regulations shall,
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1 consistent with international efforts and in coordination

2 with the Inter-American Tropical Tuna Commission, estab3 lish a domestic and international tracking and verification

4 program that provides for the effective tracking of tuna la5 beled under subsection (d), including but not limited to each

6 of the following:

7 ‘‘(1) Specific regulations and provisions address8 ing the use of weight calculation.

9 ‘‘(2) Additional measures to enhance observer

10 coverage if necessary.

11 ‘‘(3) Well location and procedures for monitor12 ing, certifying, and sealing holds above and below

13 deck or other equally effective methods of tracking and

14 verifying tuna labeled under subsection (d).

15 ‘‘(4) Reporting receipt of and database storage of

16 radio and facsimile transmittals from fishing vessels

17 containing information related to the definition of

18 sets.

19 ‘‘(5) Shore-based verification and tracking

20 throughout the transshipment and canning process.

21 ‘‘(6) Provisions for annual audits for caught,

22 landed, and processed tuna products labeled in ac23 cordance with subsection (d).

24 The Secretary, when developing these regulations, shall es25 tablish appropriate procedures for ensuring the confiden-
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1 tiality of proprietary information either mandated or sub2 mitted voluntarily.’’.

3 SEC. 5. AMENDMENTS TO TITLE III.

4 (a) HEADING.—The heading of title III is amended to

5 read as follows:

6 ‘‘TITLE III—INTERNATIONAL

7 DOLPHIN CONSERVATION

8 PROGRAM’’.

9 (b) FINDINGS.—Section 301 (16 U.S.C. 1411) is

10 amended as follows:

11 (1) In subsection (a), by amending paragraph

12 (4) to read as follows:

13 ‘‘(4) Nations harvesting yellowfin tuna in the

14 eastern tropical Pacific Ocean have demonstrated

15 their willingness to participate in appropriate multi16 lateral agreements to reduce, with the goal of elimi17 nating, dolphin mortality in that fishery. Recognition

18 of the International Dolphin Conservation Program

19 will assure that the existing trend of reduced dolphin

20 mortality continues; that individual stocks of dol21 phins are adequately protected; and that the goal of

22 eliminating all dolphin mortality continues to be a

23 priority.’’.

24 (2) In subsection (b), by amending paragraphs

25 (2) and (3) to read as follows:
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1 ‘‘(2) support the International Dolphin Con2 servation Program and efforts within the Program to

3 reduce, with the goal of eliminating, the mortality re4 ferred to in paragraph (1);

5 ‘‘(3) ensure that the market of the United States

6 does not act as an incentive to the harvest of tuna

7 caught with driftnets or caught by purse seine vessels

8 in the eastern tropical Pacific Ocean that are not op9 erating in compliance with the International Dolphin

10 Conservation Program;’’.

11 (c) INTERNATIONAL DOLPHIN CONSERVATION PRO12 GRAM.—Section 302 (16 U.S.C. 1412) is amended to read

13 as follows:

14 ‘‘SEC. 302. AUTHORITY OF THE SECRETARY.

15 ‘‘(a) REGULATIONS TO IMPLEMENT PROGRAM REGU16 LATIONS.—(1) The Secretary shall issue regulations to im17 plement the International Dolphin Conservation Program.

18 ‘‘(2)(A) Not later than 3 months after the date of enact19 ment of this section, the Secretary shall issue regulations

20 to authorize and govern the incidental taking of marine

21 mammals in the eastern tropical Pacific Ocean, including

22 any species of marine mammal designated as depleted

23 under this Act but not listed as endangered or threatened

24 under the Endangered Species Act of 1973 (16 U.S.C. 1531
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1 et seq.), by vessels of the United States participating in the

2 International Dolphin Conservation Program.

3 ‘‘(B) Regulations issued under this section shall in4 clude provisions—

5 ‘‘(i) requiring observers on each vessel;

6 ‘‘(ii) requiring use of the backdown procedure or

7 other procedures equally or more effective in avoiding

8 mortality of marine mammals in fishing operations;

9 ‘‘(iii) prohibiting intentional deployment of nets

10 on, or encirclement of, dolphins in violation of the

11 International Dolphin Conservation Program;

12 ‘‘(iv) requiring the use of special equipment, in13 cluding dolphin safety panels in nets, ocean current

14 sensors or monitoring devices, as practicable, to detect

15 unsafe fishing conditions before nets are deployed by

16 a tuna vessel, operable rafts, speedboats with towing

17 bridles, floodlights in operable condition, and diving

18 masks and snorkels;

19 ‘‘(v) ensuring that the backdown procedure dur20 ing the deployment of nets on, or encirclement of, dol21 phins is completed and rolling of the net to sack up

22 has begun no later than 30 minutes after sundown;

23 ‘‘(vi) banning the use of explosive devices in all

24 purse seine operations;
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1 ‘‘(vii) establishing per vessel maximum annual

2 dolphin mortality limits, total dolphin mortality lim3 its and per-stock per-year mortality limits, in accord4 ance with the International Dolphin Conservation

5 Program;

6 ‘‘(viii) preventing the intentional deployment of

7 nets on, or encirclement of, dolphins after reaching ei8 ther the vessel maximum annual dolphin mortality

9 limits, total dolphin mortality limits, or per-stock

10 per-year mortality limits;

11 ‘‘(ix) preventing the fishing on dolphins by a

12 vessel without an assigned vessel dolphin mortality

13 limit;

14 ‘‘(x) allowing for the authorization and conduct

15 of experimental fishing operations, under such terms

16 and conditions as the Secretary may prescribe, for the

17 purpose of testing proposed improvements in fishing

18 techniques and equipment (including new technology

19 for detecting unsafe fishing conditions before nets are

20 deployed by a tuna vessel) that may reduce or elimi21 nate dolphin mortality or do not require the encircle22 ment of dolphins in the course of commercial yellow23 fin tuna fishing;

24 ‘‘(xi) authorizing fishing within the area covered

25 by the International Dolphin Conservation Program
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1 by vessels of the United States without the use of spe2 cial equipment or nets if the vessel takes an observer

3 and does not intentionally deploy nets on, or encircle,

4 dolphins, under such terms and conditions as the Sec5 retary may prescribe; and

6 ‘‘(xii) containing such other restrictions and re7 quirements as the Secretary determines are necessary

8 to implement the International Dolphin Conservation

9 Program with respect to vessels of the United States.

10 ‘‘(C) The Secretary may make such adjustments as

11 may be appropriate to the requirements of subparagraph

12 (B) that pertain to fishing gear, vessel equipment, and fish13 ing practices to the extent the adjustments are consistent

14 with the International Dolphin Conservation Program.

15 ‘‘(b) CONSULTATION.—In developing regulations under

16 this section, the Secretary shall consult with the Secretary

17 of State, the Marine Mammal Commission and the United

18 States Commissioners to the Inter-American Tropical Tuna

19 Commission appointed under section 3 of the Tuna Conven20 tions Act of 1950 (16 U.S.C. 952).

21 ‘‘(c) EMERGENCY REGULATIONS.—(1) If the Secretary

22 determines, on the basis of the best scientific information

23 available (including that obtained under the International

24 Dolphin Conservation Program) that the incidental mortal25 ity and serious injury of marine mammals authorized
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1 under this title is having, or is likely to have, a significant

2 adverse effect on a marine mammal stock or species, the

3 Secretary shall take actions as follows—

4 ‘‘(A) notify the Inter-American Tropical Tuna

5 Commission of the Secretary’s findings, along with

6 recommendations to the Commission as to actions

7 necessary to reduce incidental mortality and serious

8 injury and mitigate such adverse impact; and

9 ‘‘(B) prescribe emergency regulations to reduce

10 incidental mortality and serious injury and mitigate

11 such adverse impact.

12 ‘‘(2) Prior to taking action under paragraph (1) (A)

13 or (B), the Secretary shall consult with the Secretary of

14 State, the Marine Mammal Commission, and the United

15 States Commissioners to the Inter-American Tropical Tuna

16 Commission.

17 ‘‘(3) Emergency regulations prescribed under this sub18 section—

19 ‘‘(A) shall be published in the Federal Register,

20 together with an explanation thereof; and

21 ‘‘(B) shall remain in effect for the duration of

22 the applicable fishing year; and

23 The Secretary may terminate such emergency regulations

24 at a date earlier than that required by subparagraph (B)

25 by publication in the Federal Register of a notice of termi-
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1 nation, if the Secretary determines that the reasons for the

2 emergency action no longer exist.

3 ‘‘(4) If the Secretary finds that the incidental mortal4 ity and serious injury of marine mammals in the yellowfin

5 tuna fishery in the eastern tropical Pacific Ocean is con6 tinuing to have a significant adverse impact on a stock or

7 species, the Secretary may extend the emergency regulations

8 for such additional periods as may be necessary.

9 ‘‘(d) RESEARCH.—The Secretary shall, in cooperation

10 with the nations participating in the International Dolphin

11 Conservation Program and with the Inter-American Tropi12 cal Tuna Commission, undertake or support appropriate

13 scientific research to further the goals of the International

14 Dolphin Conservation Program. Such research may include

15 but shall not be limited to any of the following:

16 ‘‘(1) Devising cost-effective fishing methods and

17 gear so as to reduce, with the goal of eliminating, the

18 incidental mortality and serious injury of marine

19 mammals in connection with commercial purse seine

20 fishing in the eastern tropical Pacific Ocean.

21 ‘‘(2) Developing cost-effective methods of fishing

22 for mature yellowfin tuna without deployment of nets

23 on, or encirclement of, dolphins or other marine

24 mammals.
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1 ‘‘(3) Carrying out a stock assessment as de2 scribed in section 117 for those marine mammal spe3 cies and stocks taken in the purse seine fishery for

4 yellowfin tuna in the eastern tropical Pacific Ocean,

5 including species or stocks not within waters under

6 the jurisdiction of the United States.

7 ‘‘(4) Studying the effects of chase and encircle8 ment on the health and biology of dolphin and indi9 vidual dolphin populations incidentally taken in the

10 course of purse seine fishing for yellowfin tuna in the

11 eastern tropical Pacific Ocean. There are authorized

12 to be appropriated to the Department of Commerce

13 $1,000,000 to be used by the Secretary, acting through

14 the National Marine Fisheries Service, to carry out

15 this paragraph. Upon completion of the study, the

16 Secretary shall submit a report containing the results

17 of the study, together with recommendations, to the

18 Congress and to the Inter-American Tropical Tuna

19 Commission.

20 ‘‘(5) Determining the extent to which the inci21 dental take of nontarget species, including juvenile

22 tuna, occurs in the course of purse seine fishing for

23 yellowfin tuna in the eastern tropical Pacific Ocean,

24 the geographic location of the incidental take, and the
25

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1 impact of that incidental take on tuna stocks, and

2 nontarget species.

3 The Secretary shall include a description of the annual re4 sults of research carried out under this subsection in the

5 report required under section 303.’’.

6 (d) REPORTS.—Section 303 (16 U.S.C. 1414) is

7 amended to read as follows:

8 ‘‘SEC. 303. REPORTS BY THE SECRETARY.

9 ‘‘Notwithstanding section 103(f), the Secretary shall

10 submit an annual report to the Congress which includes

11 each of the following:

12 ‘‘(1) The results of research conducted pursuant

13 to section 302.

14 ‘‘(2) A description of the status and trends of

15 stocks of tuna.

16 ‘‘(3) A description of the efforts to assess, avoid,

17 reduce, and minimize the bycatch of juvenile yellow18 fin tuna and other nontarget species.

19 ‘‘(4) A description of the activities of the Inter20 national Dolphin Conservation Program and of the

21 efforts of the United States in support of the Pro22 gram’s goals and objectives, including the protection

23 of dolphin populations in the eastern tropical Pacific

24 Ocean, and an assessment of the effectiveness of the

25 Program.
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1 ‘‘(5) Actions taken by the Secretary under sub2 sections (a)(2)(B) and (d) of section 101.

3 ‘‘(6) Copies of any relevant resolutions and deci4 sions of the Inter-American Tropical Tuna Commis5 sion, and any regulations promulgated by the Sec6 retary under this title.

7 ‘‘(7) Any other information deemed relevant by

8 the Secretary.’’.

9 (e) PERMITS.—Section 304 (16 U.S.C. 1416) is

10 amended to read as follows:

11 ‘‘SEC. 304. PERMITS.

12 ‘‘(a) IN GENERAL.—(1) Consistent with section 302,

13 the Secretary is authorized to issue a permit to a vessel

14 of the United States authorizing participation in the Inter15 national Dolphin Conservation Program and may require

16 a permit for the person actually in charge of and control17 ling the fishing operation of the vessel. The Secretary shall

18 prescribe such procedures as are necessary to carry out this

19 subsection, including, but not limited to, requiring the sub20 mission of—

21 ‘‘(A) the name and official number or other iden22 tification of each fishing vessel for which a permit is

23 sought, together with the name and address of the

24 owner thereof; and
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1 ‘‘(B) the tonnage, hold capacity, speed, process2 ing equipment, and type and quantity of gear, in3 cluding an inventory of special equipment required

4 under section 302, with respect to each vessel.

5 ‘‘(2) The Secretary is authorized to charge a fee for

6 issuing a permit under this section. The level of fees charged

7 under this paragraph may not exceed the administrative

8 cost incurred in granting an authorization and issuing a

9 permit. Fees collected under this paragraph shall be avail10 able, subject to appropriations, to the Under Secretary of

11 Commerce for Oceans and Atmosphere for expenses incurred

12 in issuing permits under this section.

13 ‘‘(3) After the effective date of the International Dol14 phin Conservation Program Act, no vessel of the United

15 States shall operate in the yellowfin tuna fishery in the

16 eastern tropical Pacific Ocean without a valid permit is17 sued under this section.

18 ‘‘(b) PERMIT SANCTIONS.—(1) In any case in which—

19 ‘‘(A) a vessel for which a permit has been issued

20 under this section has been used in the commission of

21 an act prohibited under section 305;

22 ‘‘(B) the owner or operator of any such vessel or

23 any other person who has applied for or been issued

24 a permit under this section has acted in violation of

25 section 305; or
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1 ‘‘(C) any civil penalty or criminal fine imposed

2 on a vessel, owner or operator of a vessel, or other

3 person who has applied for or been issued a permit

4 under this section has not been paid or is overdue, the

5 Secretary may—

6 ‘‘(i) revoke any permit with respect to such

7 vessel, with or without prejudice to the issuance

8 of subsequent permits;

9 ‘‘(ii) suspend such permit for a period of

10 time considered by the Secretary to be appro11 priate;

12 ‘‘(iii) deny such permit; or

13 ‘‘(iv) impose additional conditions or re14 strictions on any permit issued to, or applied for

15 by, any such vessel or person under this section.

16 ‘‘(2) In imposing a sanction under this subsection, the

17 Secretary shall take into account—

18 ‘‘(A) the nature, circumstances, extent, and grav19 ity of the prohibited acts for which the sanction is im20 posed; and

21 ‘‘(B) with respect to the violator, the degree of

22 culpability, any history of prior offenses, and other

23 such matters as justice requires.

24 ‘‘(3) Transfer of ownership of a vessel, by sale or other25 wise, shall not extinguish any permit sanction that is in
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1 effect or is pending at the time of transfer of ownership.

2 Before executing the transfer of ownership of a vessel, by

3 sale or otherwise, the owner shall disclose in writing to the

4 prospective transferee the existence of any permit sanction

5 that will be in effect or pending with respect to the vessel

6 at the time of transfer.

7 ‘‘(4) In the case of any permit that is suspended for

8 the failure to pay a civil penalty or criminal fine, the Sec9 retary shall reinstate the permit upon payment of the pen10 alty or fine and interest thereon at the prevailing rate.

11 ‘‘(5) No sanctions shall be imposed under this section

12 unless there has been a prior opportunity for a hearing on

13 the facts underlying the violation for which the sanction

14 is imposed, either in conjunction with a civil penalty pro15 ceeding under this title or otherwise.’’.

16 (f) PROHIBITIONS.—Section 305 is repealed and sec17 tion 307 (16 U.S.C. 1417) is redesignated as section 305,

18 and amended as follows:

19 (1) In subsection (a):

20 (A) By amending paragraph (1) to read as

21 follows:

22 ‘‘(1) for any person to sell, purchase, offer for

23 sale, transport, or ship, in the United States, any

24 tuna or tuna product unless the tuna or tuna product

25 is either dolphin safe or has been harvested in compli-
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1 ance with the International Dolphin Conservation

2 Program by a country that is a member of the Inter3 American Tropical Tuna Commission or has initi4 ated steps, in accordance with Article V, paragraph

5 3 of the Convention establishing the Inter-American

6 Tropical Tuna Commission, to become a member of

7 that organization;’’.

8 (B) By amending paragraph (2) to read as

9 follows:

10 ‘‘(2) except in accordance with this title and reg11 ulations issued pursuant to this title as provided for

12 in subsection 101(e), for any person or vessel subject

13 to the jurisdiction of the United States intentionally

14 to set a purse seine net on or to encircle any marine

15 mammal in the course of tuna fishing operations in

16 the eastern tropical Pacific Ocean; or’’.

17 (C) By amending paragraph (3) to read as

18 follows:

19 ‘‘(3) for any person to import any yellowfin

20 tuna or yellowfin tuna product or any other fish or

21 fish product in violation of a ban on importation im22 posed under section 101(a)(2);’’.

23 (2) In subsection (b)(2), by inserting ‘‘(a)(5)

24 and’’ before ‘‘(a)(6)’’.

25 (3) By striking subsection (d).
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1 (g) REPEAL.—Section 306 is repealed and section 308

2 (16 U.S.C. 1418) is redesignated as section 306, and

3 amended by striking ‘‘303’’ and inserting in lieu thereof

4 ‘‘302(d)’’.

5 (h) CLERICAL AMENDMENTS.—The table of contents in

6 the first section of the Marine Mammal Protection Act of

7 1972 is amended by striking the items relating to title III

8 and inserting in lieu thereof the following:

‘‘TITLE III—INTERNATIONAL DOLPHIN CONSERVATION PROGRAM

‘‘Sec. 301. Findings and policy.

‘‘Sec. 302. Authority of the Secretary.

‘‘Sec. 303. Reports by the Secretary.

‘‘Sec. 304. Permits.

‘‘Sec. 305. Prohibitions.

‘‘Sec. 306. Authorization of appropriations.’’.

9 SEC. 6. AMENDMENTS TO THE TUNA CONVENTIONS ACT.

10 (a) MEMBERSHIP.—Section 3(c) of the Tuna Conven11 tions Act of 1950 (16 U.S.C. 952(c)) is amended to read

12 as follows:

13 ‘‘(c) at least one shall be either the Director, or

14 an appropriate regional director, of the National Ma15 rine Fisheries Service; and’’.

16 (b) ADVISORY COMMITTEE AND SCIENTIFIC ADVISORY

17 SUBCOMMITTEE.—Section 4 of the Tuna Conventions Act

18 of 1950 (16 U.S.C. 953) is amended to read as follows:

19 ‘‘SEC. 4. GENERAL ADVISORY COMMITTEE AND SCIENTIFIC

20 ADVISORY SUBCOMMITTEE.

21 ‘‘The Secretary, in consultation with the United States

22 Commissioners, shall:
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1 ‘‘(1) Appoint a General Advisory Committee

2 which shall be composed of not less than 5 nor more

3 than 15 persons with balanced representation from

4 the various groups participating in the fisheries in5 cluded under the conventions, and from nongovern6 mental conservation organizations. The General Advi7 sory Committee shall be invited to have representa8 tives attend all nonexecutive meetings of the United

9 States sections and shall be given full opportunity to

10 examine and to be heard on all proposed programs

11 of investigations, reports, recommendations, and regu12 lations of the commission. The General Advisory

13 Committee may attend all meetings of the inter14 national commissions to which they are invited by

15 such commissions.

16 ‘‘(2) Appoint a Scientific Advisory Subcommit17 tee which shall be composed of not less than 5 nor

18 more than 15 qualified scientists with balanced rep19 resentation from the public and private sectors, in20 cluding nongovernmental conservation organizations.

21 The Scientific Advisory Subcommittee shall advise the

22 General Advisory Committee and the Commissioners

23 on matters including the conservation of ecosystems;

24 the sustainable uses of living marine resources related

25 to the tuna fishery in the eastern Pacific Ocean; and
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1 the long-term conservation and management of stocks

2 of living marine resources in the eastern tropical Pa3 cific Ocean. In addition, the Scientific Advisory Sub4 committee shall, as requested by the General Advisory

5 Committee, the United States Commissioners or the

6 Secretary, perform functions and provide assistance

7 required by formal agreements entered into by the

8 United States for this fishery, including the Inter9 national Dolphin Conservation Program. These func10 tions may include each of the following:

11 ‘‘(A) The review of data from the Program,

12 including data received from the Inter-American

13 Tropical Tuna Commission.

14 ‘‘(B) Recommendations on research needs,

15 including ecosystems, fishing practices, and gear

16 technology research, including the development

17 and use of selective, environmentally safe and

18 cost-effective fishing gear, and on the coordina19 tion and facilitation of such research.

20 ‘‘(C) Recommendations concerning scientific

21 reviews and assessments required under the Pro22 gram and engaging, as appropriate, in such re23 views and assessments.

24 ‘‘(D) Consulting with other experts as need25 ed.
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1 ‘‘(E) Recommending measures to assure the

2 regular and timely full exchange of data among

3 the parties to the Program and each nation’s Na4 tional Scientific Advisory Committee (or equiva5 lent).

6 ‘‘(3) Establish procedures to provide for appro7 priate public participation and public meetings and

8 to provide for the confidentiality of confidential busi9 ness data. The Scientific Advisory Subcommittee shall

10 be invited to have representatives attend all nonexecu11 tive meetings of the United States sections and the

12 General Advisory Subcommittee and shall be given

13 full opportunity to examine and to be heard on all

14 proposed programs of scientific investigation, sci15 entific reports, and scientific recommendations of the

16 commission. Representatives of the Scientific Advi17 sory Subcommittee may attend meetings of the Inter18 American Tropical Tuna Commission in accordance

19 with the rules of such Commission.

20 ‘‘(4) Fix the terms of office of the members of the

21 General Advisory Committee and Scientific Advisory

22 Subcommittee, who shall receive no compensation for

23 their services as such members.’’.
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1 SEC. 7. EQUITABLE FINANCIAL CONTRIBUTIONS.

2 It is the sense of the Congress that each nation meeting

3 the comparability requirements under section 101(a)(2)(B)

4 of the Marine Mammal Protection Act of 1972, as amended

5 by this Act, should contribute an equitable amount to the

6 expenses of the Inter-American Tropical Tuna Commission.

7 Such contributions shall be proportionate to the number of

8 purse seine vessels from that nation fishing for tuna in the

9 eastern tropical Pacific Ocean.

10 SEC. 8. EFFECTIVE DATE.

11 This Act and the amendments made by this Act shall

12 take effect upon certification by the Secretary of State to

13 the Congress that a binding resolution of the Inter-Amer14 ican Tropical Tuna Commission, or another legally binding

15 instrument, establishing the International Dolphin Con16 servation Program has been adopted and is in effect.