104TH CONGRESS

2D SESSION H. R. 2823

AN ACT

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 Con-
104TH CONGRESS

2D SESSION H. R. 2823

AN ACT

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,
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1 SECTION 1. SHORT TITLE; REFERENCES.

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

3 ‘‘International Dolphin Conservation Program Act’’.

4 (b) REFERENCES TO MARINE MAMMAL PROTECTION

5 ACT.—Except as otherwise expressly provided, whenever

6 in this Act an amendment or repeal is expressed in terms

7 of an amendment to, or repeal of, a section or other provi8 sion, the reference shall be considered to be made to a

9 section or other provision of the Marine Mammal Protec10 tion Act of 1972 (16 U.S.C. 1361 et seq.).

11 SEC. 2. PURPOSE AND FINDINGS.

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

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

14 signed October 4, 1995, by the Governments of

15 Belize, Colombia, Costa Rica, Ecuador, France,

16 Honduras, Mexico, Panama, Spain, the United

17 States of America, Vanuatu, and Venezuela, includ18 ing the establishment of the International Dolphin

19 Conservation Program, relating to the protection of

20 dolphins and other species, and the conservation and

21 management of tuna in the eastern tropical Pacific

22 Ocean;

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

24 the eastern tropical Pacific Ocean have achieved sig25 nificant reductions in dolphin mortality associated

26 with that fishery; and
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1 (3) to eliminate the ban on imports of tuna

2 from those nations that are in compliance with the

3 International Dolphin Conservation Program.

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

5 (1) The nations that fish for tuna in the east6 ern tropical Pacific Ocean have achieved significant

7 reductions in dolphin mortalities associated with the

8 purse seine fishery from hundreds of thousands an9 nually to fewer than 5,000 annually.

10 (2) The provisions of the Marine Mammal Pro11 tection Act of 1972 that impose a ban on imports

12 from nations that fish for tuna in the eastern tropi13 cal Pacific Ocean have served as an incentive to re14 duce dolphin mortalities.

15 (3) Tuna canners and processors of the United

16 States have led the canning and processing industry

17 in promoting a dolphin-safe tuna market.

18 (4) 12 signatory nations to the Declaration of

19 Panama, including the United States, agreed under

20 that Declaration to require that the total annual dol21 phin mortality in the purse seine fishery for yellow22 fin tuna in the eastern tropical Pacific Ocean not ex23 ceed 5,000, with a commitment and objective to pro24 gressively reduce dolphin mortality to a level ap25 proaching zero through the setting of annual limits.
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1 SEC. 3. DEFINITIONS.

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

3 at the end the following new paragraphs:

4 ‘‘(28) The term ‘International Dolphin Con5 servation Program’ means the international program

6 established by the agreement signed in La Jolla,

7 California, in June 1992, as formalized, modified,

8 and enhanced in accordance with the Declaration of

9 Panama, that requires—

10 ‘‘(A) that the total annual dolphin mortal11 ity in the purse seine fishery for yellowfin tuna

12 in the eastern tropical Pacific Ocean not exceed

13 5,000, with the commitment and objective to

14 progressively reduce dolphin mortality to levels

15 approaching zero through the setting of annual

16 limits;

17 ‘‘(B) the establishment of a per-stock per18 year mortality limit for dolphins, for each year

19 through the year 2000, of between 0.2 percent

20 and 0.1 percent of the minimum population es21 timate;

22 ‘‘(C) beginning with the year 2001, that

23 the per-stock per-year mortality of dolphin not

24 exceed 0.1 percent of the minimum population

25 estimate;
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1 ‘‘(D) that if the mortality limit set forth in

2 subparagraph (A) is exceeded, all sets on dol3 phins shall cease for the fishing year concerned;

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

5 subparagraph (B) or (C) is exceeded sets on

6 such stock and any mixed schools containing

7 members of such stock shall cease for that fish8 ing year;

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

10 conduct a scientific review and assessment in

11 1998 of progress toward the year 2000 objec12 tive and consider recommendations as appro13 priate; and

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

15 conduct a scientific review and assessment re16 garding that stock or those stocks and consider

17 further recommendations;

18 ‘‘(H) the establishment of a per-vessel

19 maximum annual dolphin mortality limit con20 sistent with the established per-year mortality

21 caps; and

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

23 to vessel captains to continue to reduce dolphin

24 mortality, with the goal of eliminating dolphin

25 mortality.
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1 ‘‘(29) The term ‘Declaration of Panama’ means

2 the declaration signed in Panama City, Republic of

3 Panama, on October 4, 1995.’’.

4 SEC. 4. AMENDMENTS TO TITLE I.

5 (a) AUTHORIZATION FOR INCIDENTAL TAKING.—

6 Section 101(a)(2) (16 U.S.C. 1371(a)(2)) is amended as

7 follows:

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

9 authorizations may also be granted under title III

10 with respect to the yellowfin tuna fishery of the east11 ern tropical Pacific Ocean, subject to regulations

12 prescribed under that title by the Secretary without

13 regard to section 103.’’.

14 (2) By striking the semicolon in the second sen15 tence and all that follows through ‘‘practicable’’.

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

17 U.S.C. 1371(a)) is amended by striking so much of para18 graph (2) as follows subparagraph (A) and as precedes

19 subparagraph (C) and inserting:

20 ‘‘(B) in the case of yellowfin tuna har21 vested with purse seine nets in the eastern trop22 ical Pacific Ocean, and products therefrom, to

23 be exported to the United States, shall require

24 that the government of the exporting nation

25 provide documentary evidence that—
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1 ‘‘(i) the tuna or products therefrom

2 were not banned from importation under

3 this paragraph before the effective date of

4 the International Dolphin Conservation

5 Program Act;

6 ‘‘(ii) the tuna or products therefrom

7 were harvested after the effective date of

8 the International Dolphin Conservation

9 Program Act by vessels of a nation which

10 participates in the International Dolphin

11 Conservation Program, such harvesting na12 tion is either a member of the Inter-Amer13 ican Tropical Tuna Commission or has ini14 tiated (and within 6 months thereafter

15 completed) all steps (in accordance with

16 article V, paragraph 3 of the Convention

17 establishing the Inter-American Tropical

18 Tuna Commission) necessary to become a

19 member of that organization;

20 ‘‘(iii) such nation is meeting the obli21 gations of the International Dolphin Con22 servation Program and the obligations of

23 membership in the Inter-American Tropi24 cal Tuna Commission, including all finan25 cial obligations;
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1 ‘‘(iv) the total dolphin mortality per2 mitted under the International Dolphin

3 Conservation Program will not exceed

4 5,000 in 1996, or in any year thereafter,

5 consistent with the commitment and objec6 tive of progressively reducing dolphin mor7 tality to levels approaching zero through

8 the setting of annual limits and the goal of

9 eliminating dolphin mortality; and

10 ‘‘(v) the tuna or products therefrom

11 were harvested after the effective date of

12 the International Dolphin Conservation

13 Program Act by vessels of a nation which

14 participates in the International Dolphin

15 Conservation Program, and such harvest16 ing nation has not vetoed the participation

17 by any other nation in such Program.’’.

18 (c) ACCEPTANCE OF EVIDENCE COVERAGE.—Section

19 101 (16 U.S.C. 1371) is amended by adding at the end

20 the following new subsections:

21 ‘‘(d) ACCEPTANCE OF DOCUMENTARY EVIDENCE.—

22 The Secretary shall not accept documentary evidence re23 ferred to in section 101(a)(2)(B) as satisfactory proof for

24 purposes of section 101(a)(2) if—
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1 ‘‘(1) the government of the harvesting nation

2 does not provide directly or authorize the Inter3 American Tropical Tuna Commission to release com4 plete and accurate information to the Secretary to

5 allow a determination of compliance with the Inter6 national Dolphin Conservation Program;

7 ‘‘(2) the government of the harvesting nation

8 does not provide directly or authorize the Inter9 American Tropical Tuna Commission to release com10 plete and accurate information to the Secretary in a

11 timely manner for the purposes of tracking and veri12 fying compliance with the minimum requirements es13 tablished by the Secretary in regulations promul14 gated under subsection (f) of the Dolphin Protection

15 Consumer Information Act (16 U.S.C. 1385(f)); or

16 ‘‘(3) after taking into consideration this infor17 mation, findings of the Inter-American Tropical

18 Tuna Commission, and any other relevant informa19 tion, including information that a nation is consist20 ently failing to take enforcement actions on viola21 tions which diminish the effectiveness of the Inter22 national Dolphin Conservation Program, the Sec23 retary, in consultation with the Secretary of State,

24 finds that the harvesting nation is not in compliance
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1 with the International Dolphin Conservation Pro2 gram.

3 ‘‘(e) EXEMPTION.—The provisions of this Act shall

4 not apply to a citizen of the United States who incidentally

5 takes any marine mammal during fishing operations out6 side the United States exclusive economic zone (as defined

7 in section 3(6) of the Magnuson Fishery Conservation and

8 Management Act (16 U.S.C. 1802(6))) when employed on

9 a foreign fishing vessel of a harvesting nation which is

10 in compliance with the International Dolphin Conservation

11 Program.’’.

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

13 to read as follows:

14 ‘‘(h) ANNUAL PERMITS.—(1) Consistent with the

15 regulations prescribed pursuant to section 103 and the re16 quirements of section 101, the Secretary may issue an an17 nual permit to a United States vessel for the taking of

18 such marine mammals, and shall issue regulations to cover

19 the use of any such annual permits.

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

21 the incidental taking of marine mammals in the course

22 of commercial purse seine fishing for yellowfin tuna in the

23 eastern tropical Pacific Ocean shall be governed by section

24 304, subject to the regulations issued pursuant to section

25 302.’’.
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1 (e) REVISIONS AND FUNDING SOURCES.—Section

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

3 (1) By striking ‘‘and’’ at the end of subpara4 graph (A).

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

6 ‘‘(C) discussions to expeditiously negotiate

7 revisions to the Convention for the Establish8 ment of an Inter-American Tropical Tuna Com9 mission (1 UST 230, TIAS 2044) which will in10 corporate conservation and management provi11 sions agreed to by the nations which have

12 signed the Declaration of Panama;

13 ‘‘(D) a revised schedule of annual con14 tributions to the expenses of the Inter-American

15 Tropical Tuna Commission that is equitable to

16 participating nations; and

17 ‘‘(E) discussions with those countries par18 ticipating or likely to participate in the Inter19 national Dolphin Conservation Program, to

20 identify alternative sources of funds to ensure

21 that needed research and other measures bene22 fiting effective protection of dolphins, other ma23 rine species, and the marine ecosystem;’’.

24 (f) REPEAL OF NAS REVIEW.—Section 110 (16

25 U.S.C. 1380) is amended as follows:
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1 (1) By redesignating subsection (a)(1) as sub2 section (a).

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

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

5 of section 901(d) of the Dolphin Protection Consumer In6 formation Act (16 U.S.C. 1385(d)(1)) is amended to read

7 as follows:

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

9 Commission Act for any producer, importer, exporter, dis10 tributor, or seller of any tuna product that is exported

11 from or offered for sale in the United States to include

12 on the label of that product the term ‘Dolphin Safe’ or

13 any other term or symbol that falsely claims or suggests

14 that the tuna contained in the product was harvested

15 using a method of fishing that is not harmful to dolphins

16 if the product contains any of the following:

17 ‘‘(A) Tuna harvested on the high seas by a ves18 sel engaged in driftnet fishing.

19 ‘‘(B) Tuna harvested in the eastern tropical Pa20 cific Ocean by a vessel using purse seine nets unless

21 the tuna is considered dolphin safe under paragraph

22 (2).

23 ‘‘(C) Tuna harvested outside the eastern tropi24 cal Pacific Ocean by a vessel using purse seine nets
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1 unless the tuna is considered dolphin safe under

2 paragraph (3).

3 ‘‘(D) Tuna harvested by a vessel engaged in

4 any fishery identified by the Secretary pursuant to

5 paragraph (4) as having a regular and significant in6 cidental mortality of marine mammals.’’.

7 (h) DOLPHIN SAFE TUNA.—(1) Paragraph (2) of

8 section 901(d) of the Dolphin Protection Consumer Infor9 mation Act (16 U.S.C. 1385(d)(2)) is amended to read

10 as follows:

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

12 product that contains tuna harvested in the eastern tropi13 cal Pacific Ocean by a vessel using purse seine nets is dol14 phin safe if the vessel is of a type and size that the Sec15 retary has determined, consistent with the International

16 Dolphin Conservation Program, is not capable of deploy17 ing its purse seine nets on or to encircle dolphins, or if

18 the product meets the requirements of subparagraph (B).

19 ‘‘(B) For purposes of paragraph (1)(B), a tuna prod20 uct that contains tuna harvested in the eastern tropical

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

22 safe if the product is accompanied by a written statement

23 executed by the captain of the vessel which harvested the

24 tuna certifying that no dolphins were killed during the sets
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1 in which the tuna were caught and the product is accom2 panied by a written statement executed by—

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

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

5 Tropical Tuna Commission; or

6 ‘‘(iii) an authorized representative of a partici7 pating nation whose national program meets the re8 quirements of the International Dolphin Conserva9 tion Program,

10 which states that there was an observer approved by the

11 International Dolphin Conservation Program on board the

12 vessel during the entire trip and documents that no dol13 phins were killed during the sets in which the tuna con14 cerned were caught.

15 ‘‘(C) The statements referred to in clauses (i), (ii),

16 and (iii) of subparagraph (B) shall be valid only if they

17 are endorsed in writing by each exporter, importer, and

18 processor of the product, and if such statements and en19 dorsements comply with regulations promulgated by the

20 Secretary which would provide for the verification of tuna

21 products as dolphin safe.’’.

22 (2) Subsection (d) of section 901 of the Dolphin Pro23 tection Consumer Information Act (16 U.S.C. 1385(d)) is

24 amended by adding the following new paragraphs at the

25 end thereof:
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1 ‘‘(3) For purposes of paragraph (1)(C), tuna or a

2 tuna product that contains tuna harvested outside the

3 eastern tropical Pacific Ocean by a vessel using purse

4 seine nets is dolphin safe if—

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

6 executed by the captain of the vessel certifying that

7 no purse seine net was intentionally deployed on or

8 to encircle dolphins during the particular voyage on

9 which the tuna was harvested; or

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

11 determined that a regular and significant association

12 occurs between marine mammals and tuna, it is ac13 companied by a written statement executed by the

14 captain of the vessel and an observer, certifying that

15 no purse seine net was intentionally deployed on or

16 to encircle marine mammals during the particular

17 voyage on which the tuna was harvested.

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

19 tuna product that contains tuna harvested in a fishery

20 identified by the Secretary as having a regular and signifi21 cant incidental mortality or serious injury of marine mam22 mals is dolphin safe if it is accompanied by a written state23 ment executed by the captain of the vessel and, where de24 termined to be practicable by the Secretary, an observer

25 participating in a national or international program ac-
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1 ceptable to the Secretary certifying that no marine mam2 mals were killed in the course of the fishing operation or

3 operations in which the tuna were caught.

4 ‘‘(5) No tuna product may be labeled with any ref5 erence to dolphins, porpoises, or marine mammals, unless

6 such product is labeled as dolphin safe in accordance with

7 this subsection.’’.

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

9 section 901 of the Dolphin Protection Consumer Informa10 tion Act (16 U.S.C. 1385(f)) is amended to read as fol11 lows:

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

13 in consultation with the Secretary of the Treasury, shall

14 issue regulations to implement subsection (d) not later

15 than 3 months after the date of enactment of the Inter16 national Dolphin Conservation Program Act. In the devel17 opment of these regulations, the Secretary shall establish

18 appropriate procedures for ensuring the confidentiality of

19 proprietary information the submission of which is vol20 untary or mandatory. Such regulations shall, consistent

21 with international efforts and in coordination with the

22 Inter-American Tropical Tuna Commission, establish a

23 domestic and international tracking and verification pro24 gram that provides for the effective tracking of tuna la-
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1 beled under subsection (d), including but not limited to

2 each of the following:

3 ‘‘(1) Specific regulations and provisions ad4 dressing the use of weight calculation for purposes

5 of tracking tuna caught, landed, processed, and ex6 ported.

7 ‘‘(2) Additional measures to enhance observer

8 coverage if necessary.

9 ‘‘(3) Well location and procedures for monitor10 ing, certifying, and sealing holds above and below

11 deck or other equally effective methods of tracking

12 and verifying tuna labeled under subsection (d).

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

14 of radio and facsimile transmittals from fishing ves15 sels containing information related to the tracking

16 and verification of tuna, and the definition of sets.

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

18 throughout the transshipment and canning process

19 by means of Inter-American Tropical Tuna Commis20 sion trip records or otherwise.

21 ‘‘(6) Provisions for annual audits and spot

22 checks for caught, landed, and processed tuna prod23 ucts labeled in accordance with subsection (d).

24 ‘‘(7) The provision of timely access to data re25 quired under this subsection by the Secretary from
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1 harvesting nations to undertake the actions required

2 in paragraph (6) of this subsection.’’.

3 SEC. 5. AMENDMENTS TO TITLE III.

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

5 to 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

3 to reduce, with the goal of eliminating, the mortality

4 referred to in paragraph (1);

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

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

7 tuna caught with driftnets or caught by purse seine

8 vessels in the eastern tropical Pacific Ocean that are

9 not operating in compliance with the International

10 Dolphin 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

17 implement the International Dolphin Conservation Pro18 gram.

19 ‘‘(2)(A) Not later than 3 months after the date of

20 enactment of this section, the Secretary shall issue regula21 tions to authorize and govern the incidental taking of ma22 rine mammals in the eastern tropical Pacific Ocean, in23 cluding any species of marine mammal designated as de24 pleted under this Act but not listed as endangered or

25 threatened under the Endangered Species Act of 1973 (16
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1 U.S.C. 1531 et seq.), by vessels of the United States par2 ticipating in the International Dolphin Conservation Pro3 gram.

4 ‘‘(B) Regulations issued under this section shall in5 clude provisions—

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

7 ‘‘(ii) requiring use of the backdown procedure

8 or other procedures equally or more effective in

9 avoiding mortality of marine mammals in fishing op10 erations;

11 ‘‘(iii) prohibiting intentional deployment of nets

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

13 International Dolphin Conservation Program;

14 ‘‘(iv) requiring the use of special equipment, in15 cluding dolphin safety panels in nets, monitoring de16 vices as identified by the International Dolphin Con17 servation Program, as practicable, to detect unsafe

18 fishing conditions before nets are deployed by a tuna

19 vessel, operable rafts, speedboats with towing bri20 dles, floodlights in operable condition, and diving

21 masks and snorkels;

22 ‘‘(v) ensuring that the backdown procedure dur23 ing the deployment of nets on, or encirclement of,

24 dolphins is completed and rolling of the net to sack
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1 up has begun no later than 30 minutes after sun2 down;

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

4 purse seine operations;

5 ‘‘(vii) establishing per vessel maximum annual

6 dolphin mortality limits, total dolphin mortality lim7 its and per-stock per-year mortality limits, in ac8 cordance with the International Dolphin Conserva9 tion Program;

10 ‘‘(viii) preventing the intentional deployment of

11 nets on, or encirclement of, dolphins after reaching

12 either the vessel maximum annual dolphin mortality

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

14 per-year mortality limits;

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

16 vessel without an assigned vessel dolphin mortality

17 limit;

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

19 of experimental fishing operations, under such terms

20 and conditions as the Secretary may prescribe, for

21 the purpose of testing proposed improvements in

22 fishing techniques and equipment (including new

23 technology for detecting unsafe fishing conditions

24 before nets are deployed by a tuna vessel) that may

25 reduce or eliminate dolphin mortality or do not re-
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1 quire the encirclement of dolphins in the course of

2 commercial yellowfin tuna fishing;

3 ‘‘(xi) authorizing fishing within the area cov4 ered by the International Dolphin Conservation Pro5 gram by vessels of the United States without the use

6 of special equipment or nets if the vessel takes an

7 observer and does not intentionally deploy nets on,

8 or encircle, dolphins, under such terms and condi9 tions as the Secretary may prescribe; and

10 ‘‘(xii) containing such other restrictions and re11 quirements as the Secretary determines are nec12 essary to implement the International Dolphin Con13 servation Program with respect to vessels of the

14 United States.

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

16 may be appropriate to the requirements of subparagraph

17 (B) that pertain to fishing gear, vessel equipment, and

18 fishing practices to the extent the adjustments are consist19 ent with the International Dolphin Conservation Program.

20 ‘‘(b) CONSULTATION.—In developing regulations

21 under this section, the Secretary shall consult with the

22 Secretary of State, the Marine Mammal Commission and

23 the United States Commissioners to the Inter-American

24 Tropical Tuna Commission appointed under section 3 of

25 the Tuna Conventions Act of 1950 (16 U.S.C. 952).
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1 ‘‘(c) EMERGENCY REGULATIONS.—(1) If the Sec2 retary determines, on the basis of the best scientific infor3 mation available (including that obtained under the Inter4 national Dolphin Conservation Program) that the inciden5 tal mortality and serious injury of marine mammals au6 thorized under this title is having, or is likely to have, a

7 significant adverse effect on a marine mammal stock or

8 species, the Secretary shall take actions as follows—

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

10 Commission of the Secretary’s findings, along with

11 recommendations to the Commission as to actions

12 necessary to reduce incidental mortality and serious

13 injury and mitigate such adverse impact; and

14 ‘‘(B) prescribe emergency regulations to reduce

15 incidental mortality and serious injury and mitigate

16 such adverse impact.

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

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

19 State, the Marine Mammal Commission, and the United

20 States Commissioners to the Inter-American Tropical

21 Tuna Commission.

22 ‘‘(3) Emergency regulations prescribed under this

23 subsection—

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

25 together with an explanation thereof; and
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1 ‘‘(B) shall remain in effect for the duration of

2 the applicable fishing year; and

3 The Secretary may terminate such emergency regulations

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

5 by publication in the Federal Register of a notice of termi6 nation, if the Secretary determines that the reasons for

7 the emergency action no longer exist.

8 ‘‘(4) If the Secretary finds that the incidental mortal9 ity and serious injury of marine mammals in the yellowfin

10 tuna fishery in the eastern tropical Pacific Ocean is con11 tinuing to have a significant adverse impact on a stock

12 or species, the Secretary may extend the emergency regu13 lations for such additional periods as may be necessary.

14 ‘‘(d) RESEARCH.—The Secretary shall, in coopera15 tion with the nations participating in the International

16 Dolphin Conservation Program and with the Inter-Amer17 ican Tropical Tuna Commission, undertake or support ap18 propriate scientific research to further the goals of the

19 International Dolphin Conservation Program. Such re20 search may include but shall not be limited to any of the

21 following:

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

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

24 the incidental mortality and serious injury of marine
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1 mammals in connection with commercial purse seine

2 fishing in the eastern tropical Pacific Ocean.

3 ‘‘(2) Developing cost-effective methods of fish4 ing for mature yellowfin tuna without deployment of

5 nets on, or encirclement of, dolphins or other marine

6 mammals.

7 ‘‘(3) Carrying out stock assessments for those

8 marine mammal species and marine mammal stocks

9 taken in the purse seine fishery for yellowfin tuna in

10 the eastern tropical Pacific Ocean, including species

11 or stocks not within waters under the jurisdiction of

12 the United States.

13 ‘‘(4) Studying the effects of chase and encircle14 ment on the health and biology of dolphin and indi15 vidual dolphin populations incidentally taken in the

16 course of purse seine fishing for yellowfin tuna in

17 the eastern tropical Pacific Ocean. There are author18 ized to be appropriated to the Department of Com19 merce $1,000,000 to be used by the Secretary, act20 ing through the National Marine Fisheries Service,

21 to carry out this paragraph. Upon completion of the

22 study, the Secretary shall submit a report containing

23 the results of the study, together with recommenda24 tions, to the Congress and to the Inter-American

25 Tropical Tuna Commission.
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1 ‘‘(5) Determining the extent to which the inci2 dental take of nontarget species, including juvenile

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

4 yellowfin tuna in the eastern tropical Pacific Ocean,

5 the geographic location of the incidental take, and

6 the impact of that incidental take on tuna stocks,

7 and nontarget species.

8 The Secretary shall include a description of the annual

9 results of research carried out under this subsection in the

10 report required under section 303.’’.

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

12 amended to read as follows:

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

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

15 submit an annual report to the Congress which includes

16 each of the following:

17 ‘‘(1) The results of research conducted pursu18 ant to section 302.

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

20 stocks of tuna.

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

22 avoid, reduce, and minimize the bycatch of juvenile

23 yellowfin tuna and other nontarget species.

24 ‘‘(4) A description of the activities of the Inter25 national Dolphin Conservation Program and of the
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1 efforts of the United States in support of the Pro2 gram’s goals and objectives, including the protection

3 of dolphin populations in the eastern tropical Pacific

4 Ocean, and an assessment of the effectiveness of the

5 Program.

6 ‘‘(5) Actions taken by the Secretary under sub7 sections (a)(2)(B) and (d) of section 101.

8 ‘‘(6) Copies of any relevant resolutions and de9 cisions of the Inter-American Tropical Tuna Com10 mission, and any regulations promulgated by the

11 Secretary under this title.

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

13 the Secretary.’’.

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

15 amended to read as follows:

16 ‘‘SEC. 304. PERMITS.

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

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

19 of the United States authorizing participation in the Inter20 national Dolphin Conservation Program and may require

21 a permit for the person actually in charge of and control22 ling the fishing operation of the vessel. The Secretary shall

23 prescribe such procedures as are necessary to carry out

24 this subsection, including, but not limited to, requiring the

25 submission of—
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1 ‘‘(A) the name and official number or other

2 identification of each fishing vessel for which a per3 mit is sought, together with the name and address

4 of the owner thereof; and

5 ‘‘(B) the tonnage, hold capacity, speed, process6 ing equipment, and type and quantity of gear, in7 cluding an inventory of special equipment required

8 under section 302, with respect to each vessel.

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

10 issuing a permit under this section. The level of fees

11 charged under this paragraph may not exceed the adminis12 trative cost incurred in granting an authorization and is13 suing a permit. Fees collected under this paragraph shall

14 be available, subject to appropriations, to the Under Sec15 retary of Commerce for Oceans and Atmosphere for ex16 penses incurred in issuing permits under this section.

17 ‘‘(3) After the effective date of the International Dol18 phin Conservation Program Act, no vessel of the United

19 States shall operate in the yellowfin tuna fishery in the

20 eastern tropical Pacific Ocean without a valid permit is21 sued under this section.

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

23 which—
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1 ‘‘(A) a vessel for which a permit has been is2 sued under this section has been used in the com3 mission of an act prohibited under section 305;

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

5 or any other person who has applied for or been is6 sued a permit under this section has acted in viola7 tion of section 305; or

8 ‘‘(C) any civil penalty or criminal fine imposed

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

10 person who has applied for or been issued a permit

11 under this section has not been paid or is overdue,

12 the Secretary may—

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

14 vessel, with or without prejudice to the issuance

15 of subsequent permits;

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

17 time considered by the Secretary to be appro18 priate;

19 ‘‘(iii) deny such permit; or

20 ‘‘(iv) impose additional conditions or re21 strictions on any permit issued to, or applied

22 for by, any such vessel or person under this sec23 tion.

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

25 the Secretary shall take into account—
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1 ‘‘(A) the nature, circumstances, extent, and

2 gravity of the prohibited acts for which the sanction

3 is imposed; and

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

5 culpability, any history of prior offenses, and other

6 such matters as justice requires.

7 ‘‘(3) Transfer of ownership of a vessel, by sale or oth8 erwise, shall not extinguish any permit sanction that is

9 in effect or is pending at the time of transfer of ownership.

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

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

12 the prospective transferee the existence of any permit

13 sanction that will be in effect or pending with respect to

14 the vessel at the time of transfer.

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

16 the failure to pay a civil penalty or criminal fine, the Sec17 retary shall reinstate the permit upon payment of the pen18 alty or fine and interest thereon at the prevailing rate.

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

20 unless there has been a prior opportunity for a hearing

21 on the facts underlying the violation for which the sanction

22 is imposed, either in conjunction with a civil penalty pro23 ceeding under this title or otherwise.’’.
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1 (f) PROHIBITIONS.—Section 305 is repealed and sec2 tion 307 (16 U.S.C. 1417) is redesignated as section 305,

3 and amended as follows:

4 (1) In subsection (a):

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

6 follows:

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

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

9 tuna or tuna product unless the tuna or tuna prod10 uct is either dolphin safe or has been harvested in

11 compliance with the International Dolphin Conserva12 tion Program by a country that is a member of the

13 Inter-American Tropical Tuna Commission or has

14 initiated steps, in accordance with Article V, para15 graph 3 of the Convention establishing the Inter16 American Tropical Tuna Commission, to become a

17 member of that organization;’’.

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

19 follows:

20 ‘‘(2) except in accordance with this title and

21 regulations issued pursuant to this title as provided

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

23 subject to the jurisdiction of the United States in24 tentionally to set a purse seine net on or to encircle
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1 any marine mammal in the course of tuna fishing

2 operations in the eastern tropical Pacific Ocean; or’’.

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

4 follows:

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

6 tuna or yellowfin tuna product or any other fish or

7 fish product in violation of a ban on importation im8 posed under section 101(a)(2);’’.

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

10 and’’ before ‘‘(a)(6)’’.

11 (3) By striking subsection (d).

12 (g) REPEAL.—Section 306 is repealed and section

13 308 (16 U.S.C. 1418) is redesignated as section 306, and

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

15 ‘‘302(d)’’.

16 (h) CLERICAL AMENDMENTS.—The table of contents

17 in the first section of the Marine Mammal Protection Act

18 of 1972 is amended by striking the items relating to title

19 III 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.’’.
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1 SEC. 6. AMENDMENTS TO THE TUNA CONVENTIONS ACT.

2 (a) MEMBERSHIP.—Section 3(c) of the Tuna Conven3 tions Act of 1950 (16 U.S.C. 952(c)) is amended to read

4 as follows:

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

6 an appropriate regional director, of the National Ma7 rine Fisheries Service; and’’.

8 (b) ADVISORY COMMITTEE AND SCIENTIFIC ADVI9 SORY SUBCOMMITTEE.—Section 4 of the Tuna Conven10 tions Act of 1950 (16 U.S.C. 953) is amended to read

11 as follows:

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

13 ADVISORY SUBCOMMITTEE.

14 ‘‘The Secretary, in consultation with the United

15 States Commissioners, shall:

16 ‘‘(1) Appoint a General Advisory Committee

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

18 than 15 persons with balanced representation from

19 the various groups participating in the fisheries in20 cluded under the conventions, and from nongovern21 mental conservation organizations. The General Ad22 visory Committee shall be invited to have representa23 tives attend all nonexecutive meetings of the United

24 States sections and shall be given full opportunity to

25 examine and to be heard on all proposed programs

26 of investigations, reports, recommendations, and reg-
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1 ulations of the commission. The General Advisory

2 Committee may attend all meetings of the inter3 national commissions to which they are invited by

4 such commissions.

5 ‘‘(2) Appoint a Scientific Advisory Subcommit6 tee which shall be composed of not less than 5 nor

7 more than 15 qualified scientists with balanced rep8 resentation from the public and private sectors, in9 cluding nongovernmental conservation organizations.

10 The Scientific Advisory Subcommittee shall advise

11 the General Advisory Committee and the Commis12 sioners on matters including the conservation of

13 ecosystems; the sustainable uses of living marine re14 sources related to the tuna fishery in the eastern Pa15 cific Ocean; and the long-term conservation and

16 management of stocks of living marine resources in

17 the eastern tropical Pacific Ocean. In addition, the

18 Scientific Advisory Subcommittee shall, as requested

19 by the General Advisory Committee, the United

20 States Commissioners or the Secretary, perform

21 functions and provide assistance required by formal

22 agreements entered into by the United States for

23 this fishery, including the International Dolphin

24 Conservation Program. These functions may include

25 each of the following:
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1 ‘‘(A) The review of data from the Pro2 gram, including data received from the Inter3 American Tropical Tuna Commission.

4 ‘‘(B) Recommendations on research needs,

5 including ecosystems, fishing practices, and

6 gear technology research, including the develop7 ment and use of selective, environmentally safe

8 and cost-effective fishing gear, and on the co9 ordination and facilitation of such research.

10 ‘‘(C) Recommendations concerning sci11 entific reviews and assessments required under

12 the Program and engaging, as appropriate, in

13 such reviews and assessments.

14 ‘‘(D) Consulting with other experts as

15 needed.

16 ‘‘(E) Recommending measures to assure

17 the regular and timely full exchange of data

18 among the parties to the Program and each na19 tion’s National Scientific Advisory Committee

20 (or equivalent).

21 ‘‘(3) Establish procedures to provide for appro22 priate public participation and public meetings and

23 to provide for the confidentiality of confidential busi24 ness data. The Scientific Advisory Subcommittee

25 shall be invited to have representatives attend all
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1 nonexecutive meetings of the United States sections

2 and the General Advisory Subcommittee and shall be

3 given full opportunity to examine and to be heard on

4 all proposed programs of scientific investigation, sci5 entific reports, and scientific recommendations of

6 the commission. Representatives of the Scientific

7 Advisory Subcommittee may attend meetings of the

8 Inter-American Tropical Tuna Commission in ac9 cordance with the rules of such Commission.

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

11 the General Advisory Committee and Scientific Advi12 sory Subcommittee, who shall receive no compensa13 tion for their services as such members.’’.

14 SEC. 7. EQUITABLE FINANCIAL CONTRIBUTIONS.

15 It is the sense of the Congress that each nation par16 ticipating in the International Dolphin Conservation Pro17 gram should contribute an equitable amount to the ex18 penses of the Inter-American Tropical Tuna Commission.

19 Such contributions shall take into account the number of

20 vessels from that nation fishing for tuna in the eastern

21 tropical Pacific Ocean, the consumption of tuna and tuna

22 products from the eastern tropical Pacific Ocean and other

23 relevant factors as determined by the Secretary.
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1 SEC. 8. EFFECTIVE DATE.

2 This Act and the amendments made by this Act shall

3 take effect upon certification by the Secretary of State to

4 the Congress that a binding resolution of the Inter-Amer5 ican Tropical Tuna Commission, or another legally bind6 ing instrument, establishing the International Dolphin

7 Conservation Program has been adopted and is in effect.

Passed the House of Representatives July 31, 1996.

Attest:

Clerk.