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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2856 Introduced in House (IH)]

104th CONGRESS
  2d Session
                                H. R. 2856

    To amend the Marine Mammal Protection Act of 1972 to uphold the 
   integrity of the United States tuna labeling program, support the 
  International Dolphin Conservation Program in the eastern tropical 
                 Pacific Ocean, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 5, 1996

 Mr. Miller of California (for himself, Mr. Torricelli, Mr. Towns, Ms. 
   McKinney, Ms. Furse, Mr. Faleomavaega, Ms. Rivers, Mr. Moran, Mr. 
 Waxman, Mr. Torres, Mr. Manton, Mrs. Mink of Hawaii, Mr. Johnston of 
Florida, Mrs. Morella, Mr. Evans, Ms. Pelosi, Mr. Dellums, Mr. Lewis of 
  Georgia, Mr. Brown of California, Mr. Beilenson, Mr. Yates, and Ms. 
   Eschoo) introduced the following bill; which was referred to the 
Committee on Resources, and in addition to the Committees on Commerce, 
    International Relations, and Ways and Means, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jursidiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL

 
    To amend the Marine Mammal Protection Act of 1972 to uphold the 
   integrity of the United States tuna labeling program, support the 
  International Dolphin Conservation Program in the eastern tropical 
                 Pacific Ocean, and for other purposes.

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

SECTION 1. SHORT TITLE; REFERENCES.

    (a) Short Title.--This Act may be cited as the ``International 
Dolphin Protection and Consumer Information Act of 1995''.
    (b) References to Marine Mammal Protection Act of 1972.--Except as 
otherwise expressly provided, whenever in this Act an amendment or 
repeal is expressed in terms of an amendment to, or repeal of, a 
section or other provision, the reference shall be considered to be 
made to a section or other provision of the Marine Mammal Protection 
Act of 1972 (16 U.S.C. 1361 et seq.).

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds the following:
            (1) The nations that fish for tuna in the eastern tropical 
        Pacific Ocean have reduced dolphin mortalities associated with 
        that fishery from hundreds of thousands annually to fewer than 
        5,000 annually.
            (2) The provisions of the Marine Mammal Protection Act of 
        1972 that impose a ban on imports from nations that fish for 
        tuna in the eastern tropical Pacific Ocean have served as an 
        incentive to reduce dolphin mortalities.
            (3) Consumers of the United States and Europe have made 
        clear their preference for tuna that has not been caught 
        through the killing, chasing, or harming of dolphins.
            (4) Tuna canners and processors of the United States have 
        led the canning and processing industry in promoting a dolphin-
        safe tuna market.
            (5) The 12 signatory nations to the Declaration of Panama, 
        including the United States, agreed under that Declaration to 
        require that the total annual dolphin mortality in the purse 
        seine fishery for yellowfin tuna in the eastern tropical 
        Pacific Ocean not exceed 5,000, with a commitment and objective 
        to progressively reduce dolphin mortality to a level 
        approaching zero through the setting of annual limits.
    (b) Purposes.--The purposes of this Act are--
            (1) to recognize that nations fishing for tuna in the 
        eastern tropical Pacific Ocean have achieved significant 
        reductions in dolphin mortality associated with that fishery; 
        and
            (2) to eliminate the ban on imports of dolphin-safe tuna 
        from those nations.

SEC. 3. DEFINITIONS.

    Section 3 (16 U.S.C. 1362) is amended by adding at the end the 
following new paragraphs:
            ``(28) The term `International Dolphin Conservation 
        Program' means the international program established by the 
        agreement signed in La Jolla, California, in June 1992, as 
        formalized, modified, and enhanced in accordance with the 
        Declaration of Panama, that requires--
                    ``(A)(i) that the total annual dolphin mortality in 
                the purse seine fishery for yellowfin tuna in the 
                eastern tropical Pacific Ocean be limited to 5,000; and
                    ``(ii) a commitment and objective to progressively 
                reduce dolphin mortality to a level approaching zero 
                through the setting of annual limits;
                    ``(B) the establishment of a per stock per year 
                mortality limit for dolphins at a level between 0.2 
                percent and 0.1 percent of the minimum estimated 
                population each year through 2000;
                    ``(C) beginning with the year 2001, the 
                establishment of a per stock per year mortality limit 
                for dolphins at a level less than or equal to 0.1 
                percent of the minimum population estimate;
                    ``(D) that if a mortality limit is exceeded under--
                            ``(i) subparagraph (A), all purse seine net 
                        sets on dolphins shall cease for the fishing 
                        year concerned; or
                            ``(ii) subparagraph (B) or (C), all purse 
                        seine net sets on the stocks covered under 
                        subparagraph (B) or (C) and on any mixed 
                        schools that contain any of those stocks shall 
                        cease for the fishing year concerned;
                    ``(E) a scientific review and assessment to be 
                conducted in 1998 to--
                            ``(i) assess progress in meeting the 
                        objectives set for the year 2,000 under 
                        subparagraph (B); and
                            ``(ii) as appropriate, consider 
                        recommendations for meeting these objectives;
                    ``(F) a scientific review and assessment to be 
                conducted--
                            ``(i) to review the stocks covered under 
                        subparagraph (C); and
                            ``(ii) as appropriate, to consider 
                        recommendations to further the objectives set 
                        under that subparagraph;
                    ``(G) the establishment of a per vessel maximum 
                annual dolphin mortality limit consistent with the 
                applicable per year mortality limits under 
                subparagraphs (A), (B), and (C); and
                    ``(H) the provision of a system of incentives to 
                vessel captains to continue to reduce dolphin 
                mortality, with the goal of eliminating dolphin 
                mortality.
            ``(29) The term `Declaration of Panama' means the 
        declaration signed in Panama City, Republic of Panama, on 
        October 4, 1995.''.

SEC. 4. AMENDMENTS RELATING TO TITLE I.

    (a) Authorization To Take Marine Mammals.--Section 101(a)(2) (16 
U.S.C. 1371(a)(2)) is amended--
            (1) in the first sentence, by inserting before the period 
        the following: ``, and authorizations may be granted under 
        title III with respect to the yellowfin tuna fishery of the 
        eastern tropical Pacific Ocean, subject to regulations 
        prescribed under that title by the Secretary without regard to 
        section 103''; and
            (2) in the second sentence, by striking the semicolon and 
        all that follows through ``practicable''.
    (b) Exporting Nations.--Section 101(a)(2)(B) (16 U.S.C. 
1371(a)(2)(B)) is amended to read as follows:
                    ``(B) in the case of yellowfin tuna harvested with 
                purse seine nets in the eastern tropical Pacific Ocean, 
                and products therefrom, to be exported to the United 
                States, shall require that the government of the 
                exporting nation provide documentary evidence that--
                            ``(i) the tuna or products therefrom were 
                        not banned from importation under this 
                        paragraph before the effective date of the 
                        International Dolphin Protection and Consumer 
                        Information Act of 1995; or
                            ``(ii) the tuna or products therefrom were 
                        harvested after the effective date of the 
                        International Dolphin Protection and Consumer 
                        Information Act of 1995 by vessels of a nation 
                        that--
                                    ``(I) is a member of the Inter-
                                American Tropical Tuna Commission;
                                    ``(II) is participating in the 
                                International Dolphin Conservation 
                                Program; and
                                    ``(III) has implemented the 
                                obligations of that nation as a member 
                                of the Inter-American Tropical Tuna 
                                Commission; and
                            ``(iii) the total dolphin mortality 
                        permitted under the International Dolphin 
                        Conservation Program will not exceed 5,000 in 
                        1996 or in any year thereafter and the total 
                        dolphin mortality limit for each vessel in each 
                        successive year shall be reduced by a 
                        statistically significant amount until the goal 
                        of zero mortality is reached, except that the 
                        per stock per year mortality limits for stocks 
                        designated as depleted under this Act shall not 
                        exceed the actual 1994 mortality level;
                except that the Secretary shall not accept such 
                documentary evidence as satisfactory proof for purposes 
                of clauses (i) through (iii) if the government of the 
                harvesting nation does not authorize the Inter-American 
                Tropical Tuna Commission to release sufficient 
                information to the Secretary to allow a determination 
                of compliance with the International Dolphin 
                Conservation Program, or if after taking into 
                consideration that information, findings of the Inter-
                American Tropical Tuna Commission, and any other 
                relevant information, including information that a 
                nation is consistently failing to take enforcement 
                actions on violations specified in the agreement signed 
                in La Jolla, California, in June 1992 and adopted by 
                the International Dolphin Conservation Program, the 
                Secretary, in consultation with the Secretary of State, 
                finds that the violations diminish the effectiveness of 
                the International Dolphin Conservation Program and that 
                the harvesting nation is not in compliance with the 
                International Dolphin Conservation Program;''.
    (c) United States Citizens.--Section 101 (16 U.S.C. 1371) is 
amended by adding at the end the following new subsection:
    ``(d) The provisions of this Act shall not apply to a citizen of 
the United States when such citizen takes any marine mammal incidental 
to tuna purse seine fishing operations outside the United States 
exclusive economic zone (as that term is defined in section 3(6) of the 
Magnuson Fishery Conservation and Management Act (16 U.S.C. 1802(6)) 
when employed on a foreign fishing vessel of a harvesting nation that 
is in compliance with the International Dolphin Conservation 
Program.''.
    (d) Permit.--Section 104(h) (16 U.S.C. 1374) is amended to read as 
follows:
    ``(h)(1) Consistent with the regulations prescribed pursuant to 
section 103 and the requirements of section 101, the Secretary may 
issue--
            ``(A) an annual permit to a United States vessel 
        authorizing the taking of such marine mammals; and
            ``(B) regulations governing the use of such annual permits.
    ``(2) An annual permit for the incidental taking of marine mammals 
in the course of commercial purse seine fishing for yellowfin tuna in 
the eastern tropical Pacific Ocean shall be governed by section 304, 
subject to the regulations issued under section 302.''.
    (e) Technical Correction.--Section 110(a) (16 U.S.C. 1380(a)) is 
amended--
            (1) by striking ``(a)(1) The Secretary'' and inserting 
        ``(a) The Secretary''; and
            (2) by striking paragraph (2).
    (f) Dolphin Safe Label.--Section 901(d)(1) of the Dolphin 
Protection Consumer Information Act (16 U.S.C. 1385(d)(1)) is amended 
to read as follows:
            ``(1) It is a violation of section 5 of the Federal Trade 
        Commission Act (15 U.S.C. 45) for any producer, importer, 
        exporter, distributor, or seller of any tuna product that is 
        exported from or offered for sale in the United States to 
        include on the label of that product the term `Dolphin Safe' or 
        any other term or symbol that falsely claims or suggests that 
        the tuna contained in the product was harvested using a method 
        of fishing that is not harmful to dolphins if the product 
        contains--
                    ``(A) tuna harvested on the high seas by a vessel 
                engaged in driftnet fishing;
                    ``(B) tuna harvested in the eastern tropical 
                Pacific Ocean which does not meet the requirements for 
                being considered dolphin safe under paragraph (2); or
                    ``(C) tuna harvested outside the eastern tropical 
                Pacific Ocean which does not meet the requirements for 
                being considered dolphin safe under paragraph (3).''.
    (g) Dolphin Safe Defined.--Section 901(d) of the Dolphin Protection 
Consumer Information Act (16 U.S.C. 1385(d)) is amended by adding at 
the end the following new paragraphs:
            ``(3) For purposes of paragraph (1)(C), tuna or a tuna 
        product that contains tuna harvested outside the eastern 
        tropical Pacific Ocean by a fishing vessel using purse seine 
        nets is dolphin safe if--
                    ``(A) it is accompanied by a written statement 
                executed by the captain of the vessel certifying that 
                no purse seine net was intentionally deployed on or to 
                encircle dolphins during the particular voyage on which 
                the tuna was harvested; or
                    ``(B) in the case of tuna from any fishery in which 
                the Secretary has determined that a regular and 
                significant association occurs between marine mammals 
                and tuna, it is accompanied by a written statement 
                executed by the captain of the vessel and an observer, 
                certifying that no purse seine net was intentionally 
                deployed on or to encircle marine mammals during the 
                particular voyage on which the tuna was harvested.
            ``(4) No tuna product may be labeled with any reference to 
        dolphins, porpoises, or other marine mammals, except as dolphin 
        safe in accordance with this subsection.''.
    (h) Regulations.--Section 901(f) of the Dolphin Protection Consumer 
Information Act (16 U.S.C. 1385(f)) is amended to read as follows:
    ``(f) The Secretary, in consultation with the Secretary of the 
Treasury, shall issue regulations to implement this section, not later 
than 3 months after the effective date of the International Dolphin 
Protection and Consumer Information Act of 1995.''.

SEC. 5. AMENDMENTS TO TITLE III.

    (a) Clerical Amendment.--The heading for title III is amended to 
read as follows:

       ``TITLE III--INTERNATIONAL DOLPHIN CONSERVATION PROGRAM''.

    (b) International Program.--Section 301 (16 U.S.C. 1411) is 
amended--
            (1) in subsection (a), by striking paragraph (4) and 
        inserting the following:
            ``(4) Nations harvesting yellowfin tuna in the eastern 
        tropical Pacific Ocean have demonstrated their willingness to 
        participate in appropriate multilateral agreements to reduce, 
        and eventually eliminate, dolphin mortality in that fishery. 
        Recognition of the International Dolphin Conservation Program 
        will ensure that the existing trend of reduced dolphin 
        mortality continues, that individual stocks of dolphins are 
        adequately protected, and that the goal of eliminating all 
        dolphin mortality continues to be a priority.''; and
            (2) in subsection (b), by striking paragraphs (2) and (3) 
        and inserting the following:
            ``(2) support the International Dolphin Conservation 
        Program and efforts within the Program to reduce, and 
        eventually eliminate, the mortality referred to in paragraph 
        (1);
            ``(3) ensure that the market of the United States does not 
        act as an incentive to the harvest of tuna with driftnets, or 
        by deploying purse seine nets on or to encircle dolphins, in 
        the eastern tropical Pacific Ocean other than in compliance 
        with the International Dolphin Conservation Program;''.
    (c) Secretary's Authority.--Section 302 (16 U.S.C. 1412) is amended 
to read as follows:

``SEC. 302. AUTHORITY OF THE SECRETARY.

    ``(a) Regulations.--
            ``(1) General requirement.--The Secretary shall issue 
        regulations to implement the International Dolphin Conservation 
        Program.
            ``(2) Incidental takings in etp.--
                    ``(A) Issuance of regulations.--Not later than 3 
                months after the effective date of the International 
                Dolphin Protection and Consumer Information Act of 
                1995, and consistent with section 101, the Secretary 
                shall issue regulations that authorize and govern the 
                incidental taking of marine mammals in the eastern 
                tropical Pacific Ocean by vessels of the United States 
                in accordance with the International Dolphin 
                Conservation Program.
                    ``(B) Contents.--Subject to subparagraph (C) the 
                regulations issued under this paragraph shall include 
                provisions--
                            ``(i) requiring observers on each vessel;
                            ``(ii) requiring the use of the backdown 
                        procedure or other procedures that are equally 
                        or more effective in avoiding mortality of 
                        marine mammals in fishing operations;
                            ``(iii) prohibiting intentional setting of 
                        nets on or to encircle stocks and schools of 
                        marine mammals except in accordance with the 
                        International Dolphin Conservation Program;
                            ``(iv) requiring the use of special 
                        equipment, including dolphin safety panels in 
                        nets, operable rafts, speedboats with towing 
                        bridles, floodlights in operable condition, and 
                        diving masks and snorkels;
                            ``(v) ensuring that the backdown procedure 
                        during any setting of a purse seine net on or 
                        to encircle marine mammals is completed, and 
                        rolling of the net to sack up has begun, no 
                        later than 30 minutes after sundown;
                            ``(vi) banning the use of explosive devices 
                        in all purse seine net operations;
                            ``(vii) establishing per vessel maximum 
                        annual dolphin mortality limit, total dolphin 
                        mortality limits, and per stock per year 
                        mortality limits, subject to section 101 and in 
                        accordance with the International Dolphin 
                        Conservation Program;
                            ``(viii) preventing the making of 
                        intentional setting of purse seine nets on or 
                        to encircle dolphins after reaching either any 
                        vessel maximum annual dolphin mortality limits, 
                        total dolphin mortality limit, or per stock per 
                        year mortality limit;
                            ``(ix) preventing intentional setting of 
                        purse seine nets on or to encircle dolphins by 
                        a vessel that does not have an assigned dolphin 
                        mortality limit;
                            ``(x) allowing for the authorization and 
                        conduct of experimental fishing operations, 
                        under such terms and conditions as the 
                        Secretary may prescribe, for the purpose of 
                        testing proposed improvements in fishing 
                        techniques and equipment that may reduce or 
                        eliminate dolphin mortality or that do not 
                        require the encirclement of dolphins in the 
                        course of commercial yellowfin tuna fishing; 
                        and
                            ``(xi) containing such other restrictions 
                        and requirements as the Secretary determines 
                        are necessary to implement the International 
                        Dolphin Conservation Program with respect to 
                        the vessels of the United States;
                    ``(C) Adjustments to requirements.--The Secretary 
                may make such adjustments as may be appropriate to 
                requirements under subparagraph (B) that pertain to 
                fishing gear and fishing practices in order to carry 
                out the International Dolphin Conservation Program.
    ``(b) Consultation.--In developing a regulation under this section, 
the Secretary shall consult with the Secretary of State, the Marine 
Mammal Commission, and the United States Commissioners to the Inter-
American Tropical Tuna Commission appointed under section 3 of the Tuna 
Conventions Act of 1950 (16 U.S.C. 952).
    ``(c) Emergency Regulations.--
            ``(1) In general.--If the Secretary determines, on the 
        basis of the best scientific information available (including 
        scientific information obtained under the International Dolphin 
        Conservation Program) that the incidental mortality and serious 
        injury of marine mammals authorized under this title is having, 
        or is likely to have, a significant adverse effect on a marine 
        mammal stock or species, the Secretary shall take the following 
        actions:
                    ``(A) Notify the Inter-American Tropical Tuna 
                Commission of the findings of the Secretary, and 
                include in that notification recommendations to the 
                Commission concerning actions necessary to reduce 
                incidental mortality and serious injury and mitigate 
                such adverse impact.
                    ``(B) Prescribe emergency regulations to reduce 
                incidental mortality and serious injury and mitigate 
                such adverse impact.
            ``(2) Consultations.--Prior to taking action under 
        subparagraph (A) or (B) of paragraph (1), the Secretary shall 
        consult with the Secretary of State, the Marine Mammal 
        Commission, and the United States Commissioners to the Inter-
        American Tropical Tuna Commission appointed under section 3 of 
        the Tuna Conventions Act of 1950 (16 U.S.C. 952).
            ``(3) Contents of regulations.--Emergency regulations 
        prescribed under this subsection--
                    ``(A) shall be published in the Federal Register, 
                together with an explanation thereof;
                    ``(B) subject to subparagraph (C) shall remain in 
                effect for the duration of the applicable fishing year; 
                and
                    ``(C) may be terminated by the Secretary at an 
                earlier date by publication in the Federal Register of 
                a notice of termination, if the Secretary determines 
                that the reasons for the emergency action no longer 
                exist.
            ``(4) Extension of regulations.--If the Secretary finds 
        that the incidental mortality and serious injury of marine 
        mammals in the yellowfin tuna fishery in the eastern tropical 
        Pacific Ocean is continuing to have a significant adverse 
        impact on a stock or species, the Secretary may extend the 
        emergency regulations for such additional periods as may be 
        necessary.
    ``(d) Research.--
            ``(1) Furthering international program.--The Secretary may, 
        in cooperation with the nations participating in the 
        International Dolphin Conservation Program and with the Inter-
        American Tropical Tuna Commission, undertake or support 
        appropriate scientific research to further the goals of the 
        International Dolphin Conservation Program, including--
                    ``(A) devising cost-effective fishing methods and 
                gear so as to reduce, with the goal of eliminating, the 
                incidental mortality and serious injury of marine 
                mammals in connection with tuna purse seine fishing in 
                the eastern tropical Pacific Ocean;
                    ``(B) developing cost-effective methods of fishing 
                for mature yellowfin tuna without setting nets on or to 
                encircle dolphins or other marine mammals; and
                    ``(C) carrying out a scientific research program 
                (as described in section 117) for those marine mammal 
                species and stocks taken in the purse seine fishery for 
                yellowfin tuna in the eastern tropical Pacific Ocean, 
                including species or stocks that are not within waters 
                under the jurisdiction of the United States.
            ``(2) Required research.--The Secretary, acting through the 
        National Marine Fisheries Service, shall undertake a research 
        program to--
                    ``(A) determine the effect of harassment by chase 
                and encirclement on the health and biology of dolphins 
                encircled by purse seine nets in the course of fishing 
                for yellowfin tuna in the eastern tropical Pacific 
                Ocean; and
                    ``(B) regarding the incidental take of nontarget 
                species, including juvenile tuna, determine--
                            ``(i) the extent to which such incidental 
                        take occurs when fishing for yellowfin tuna 
                        using dolphin-safe methods including fish 
                        aggregation devices;
                            ``(ii) the impact of that incidental take 
                        on tuna stocks; and
                            ``(iii) the locations in which such methods 
                        are occurring.
            ``(3) Report.--
                    ``(A) In general.--Not later than 3 years after the 
                date of enactment of the International Dolphin 
                Protection and Consumer Information Act of 1995, the 
                Secretary shall submit a report to the Congress on the 
                results of the research program conducted under 
                paragraph (2).
                    ``(B) Recommendations.--The Secretary shall include 
                in the report under this paragraph any recommendations, 
                made on the basis of the results of the research 
                program conducted under paragraph (2), that the 
                Secretary considers to be appropriate concerning--
                            ``(i) legislation to address issues that 
                        the Secretary determines to be relevant to the 
                        results of the research program; and
                            ``(ii) changes to the International Dolphin 
                        Conservation Program.
            ``(4) Authorization of appropriations.--There are 
        authorized to be appropriated to the Secretary of Commerce 
        $1,000,000 to carry out paragraph (2).''.
    (d) General Reporting Requirements; Permits.--Title III (16 U.S.C. 
1411 et seq.) is amended--
            (1) by striking sections 303 and 304;
            (2) by inserting after section 302 the following:

``SEC. 303. REPORTS BY THE SECRETARY.

    ``The Secretary shall annually submit to the Congress a report that 
includes--
            ``(1) results of research conducted under section 302;
            ``(2) a description of the status and trends of stocks of 
        tuna;
            ``(3) a description of the efforts to assess, avoid, 
        reduce, and minimize the incidental take of juvenile yellowfin 
        tuna and other nontarget species;
            ``(4) a description of the activities of the International 
        Dolphin Conservation Program and of the efforts of the United 
        States in support of the goals and objectives of the 
        International Dolphin Conservation Program, including the 
        protection of dolphin populations in the eastern tropical 
        Pacific Ocean, and an assessment of the effectiveness of the 
        Program;
            ``(5) actions taken by the Secretary under the matter 
        following clause (iii) of section 101(a)(2)(B);
            ``(6) copies of any relevant resolutions and decisions of 
        the Inter-American Tropical Tuna Commission, and any 
        regulations promulgated by the Secretary under this title; and
            ``(7) any other information that the Secretary considers to 
        be relevant.'';
            (3) by striking sections 305 and 306;
            (4) by inserting after section 303 the following:

``SEC. 304. PERMITS.

    ``(a) In General.--
            ``(1) Issuance.--In a manner consistent with the 
        regulations issued under section 302, the Secretary--
                    ``(A) shall require and issue a permit to a vessel 
                of the United States authorizing participation in the 
                International Dolphin Conservation Program and 
                incidental takes of marine mammals under that program; 
                and
                    ``(B) may require such a permit for the person 
                actually in charge of and controlling the fishing 
                operation of a vessel operating under such a permit.
            ``(2) Procedures.--The Secretary shall prescribe such 
        procedures as are necessary to carry out this subsection, 
        including requiring the submission of--
                    ``(A) the name and official number or other 
                identification of each fishing vessel for which a 
                permit is sought, and the name and address of the owner 
                thereof; and
                    ``(B) the tonnage, hold capacity, speed, processing 
                equipment, and type and quantity of gear, including an 
                inventory of special equipment required under section 
                302, with respect to each fishing vessel for which a 
                permit is sought.
            ``(3) Fees.--The Secretary may charge a fee for issuing a 
        permit under this section. The level of fees charged under this 
        paragraph may not exceed the administrative cost incurred in 
        granting an authorization and issuing a permit. Fees collected 
        under this paragraph shall be available to the Under Secretary 
        of Commerce for Oceans and Atmosphere for expenses incurred in 
        granting authorizations and issuing permits under this section.
            ``(4) Permit required.--After the effective date of the 
        International Dolphin Protection and Consumer Information Act 
        of 1995, no vessel of the United States shall encircle dolphins 
        with purse seine nets in the course of fishing for yellowfin 
        tuna fishery in the eastern tropical Pacific Ocean without a 
        valid permit issued under this section.
    ``(b) Permit Sanctions.--
            ``(1) In general.--The Secretary may impose a sanction 
        under paragraph (2) in any case in which--
                    ``(A) a vessel for which a permit has been issued 
                under this section has been used in the commission in 
                an act prohibited under section 305;
                    ``(B) the owner or operator of any such vessel or 
                any other person who has applied for or been issued a 
                permit under this section has acted in violation of 
                section 305; or
                    ``(C) any civil penalty or criminal fine imposed on 
                a vessel, owner or operator of a vessel as provided for 
                under the International Dolphin Conservation Program, 
                or other person who has applied for or been issued a 
                permit under this section has not been paid or is 
                overdue.
            ``(2) Sanctions described.--As a sanction imposed under 
        paragraph (1) with respect to a vessel, the Secretary may--
                    ``(A) revoke any permit with respect to the vessel, 
                with or without prejudice to the issuance of subsequent 
                permits;
                    ``(B) suspend a permit referred to in subparagraph 
                (A) for a period of time the Secretary considers to be 
                appropriate;
                    ``(C) deny a permit referred to in subparagraph 
                (A); or
                    ``(D) impose additional conditions or restrictions 
                on any permit issued to, or applied for by, any such 
                vessel or person under this section.
            ``(3) Considerations.--In imposing a sanction under this 
        subsection, the Secretary shall take into account--
                    ``(A) the nature, circumstances, extent, and 
                gravity of the prohibited acts for which the sanction 
                is imposed; and
                    ``(B) with respect to the violator, the degree of 
                culpability, the history of prior offenses, and other 
                such matters as justice requires.
            ``(4) Sanction not extinguished by transfer of ownership.--
                    ``(A) In general.--Transfer of ownership of a 
                vessel, by sale or otherwise, shall not extinguish any 
                permit sanction that is in effect or is pending at the 
                time of transfer of ownership.
                    ``(B) Disclosure.--Before executing a transfer of 
                ownership of a vessel, by sale or otherwise, the owner 
                shall disclose in writing to the prospective transferee 
                the existence of any permit sanction that will be in 
                effect or pending with respect to the vessel at the 
                time of transfer.
            ``(5) Reinstatement of permit suspended for nonpayment.--In 
        the case of any permit that is suspended for a failure to pay a 
        civil penalty or criminal fine, the Secretary shall reinstate 
        the permit upon payment of the penalty or fine and any accrued 
        interest on that penalty or fine (as determined by the 
        Secretary).
            ``(6) Hearing requirement.--No sanction may be imposed 
        under this section unless there has been a prior opportunity 
        for a hearing on the facts underlying the violation for which 
        the sanction is imposed, either in conjunction with a civil 
        penalty proceeding under this title or otherwise.'';
            (5) by redesignating section 307 as section 305;
            (6) in section 305, as so redesignated--
                    (A) in subsection (a)--
                            (i) by striking paragraph (1) and inserting 
                        the following:
            ``(1) for any person to sell, purchase, offer for sale, 
        transport, or ship, in the United States, any tuna or tuna 
        product unless the tuna or tuna product is dolphin-safe under 
        section 901(d) of the Dolphin Protection Consumer Information 
        Act (16 U.S.C. 1385(d)) and has been harvested in compliance 
        with the International Dolphin Conservation Program by a nation 
        that is a member of the Inter-American Tropical Tuna 
        Commission;''; and
                            (ii) by striking paragraphs (2) and (3) and 
                        inserting the following:
            ``(2) except as provided for in section 101(d), for any 
        person or vessel subject to the jurisdiction of the United 
        States to intentionally set a purse seine net on or to encircle 
        any marine mammal in the course of tuna fishing operations in 
        the eastern tropical Pacific Ocean, except in accordance with 
        this title and regulations issued under this title;
            ``(3) for any person to import any yellowfin tuna or 
        yellowfin tuna product or any other fish or fish product in 
        violation of a ban on importation imposed under section 101;''; 
        and
                    (B) in subsection (b)(2), by inserting ``(a)(5) 
                or'' before ``(a)(6)'';
            (7) by redesignating section 308 as section 306; and
            (8) in section 306, as so redesignated, by striking 
        ``section 303'' and inserting ``section 302(d)''.
    (e) Clerical Amendment.--The table of contents in the first section 
of the Marine Mammal Protection Act of 1972 is amended by striking the 
items relating to title III and inserting the following:

        ``TITLE III--INTERNATIONAL DOLPHIN CONSERVATION PROGRAM

``Sec. 301. Finding 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.''.

SEC. 6. AMENDMENTS TO THE TUNA CONVENTIONS ACT OF 1950.

    (a) Commissioner From NMFS.--Section 3(c) of the Tuna Conventions 
Act of 1950 (16 U.S.C. 952(c)) is amended to read as follows:
    ``(c) at least one shall be the Director, or an appropriate 
regional director, of the National Marine Fisheries Service; and''.
    (b) Advisory Committees.--Section 4 of the Tuna Conventions Act of 
1950 (16 U.S.C. 953) is amended to read as follows:

``SEC. 4. GENERAL ADVISORY COMMITTEE AND SCIENTIFIC ADVISORY 
              SUBCOMMITTEE.

    ``(a)(1) The Secretary, in consultation with the United States 
Commissioners, shall appoint a committee to be known as the `General 
Advisory Committee'. The General Advisory Committee shall be composed 
of not less than 5 and not more than 15 individuals and shall have 
balanced representation from the various groups participating in the 
fisheries included under the conventions, and from nongovernmental 
conservation organizations.
    ``(2) The General Advisory Committee shall be invited to have 
representatives attend all nonexecutive meetings of the United States 
sections and shall be given full opportunity to examine and to be heard 
on all proposed programs of investigations, reports, recommendations, 
and regulations of the Commission. The General Advisory Committee may 
attend any meeting of an international commission on the invitation of 
that commission.
    ``(b)(1) The Secretary, in consultation with the United States 
Commissioners, shall appoint a subcommittee to be known as the 
`Scientific Advisory Subcommittee'. The Scientific Advisory 
Subcommittee shall be composed of not less than 5 and not more than 15 
qualified individuals with recognized scientific expertise, and shall 
have balanced representation from the public and private sectors, 
including nongovernmental conservation organizations. The Scientific 
Advisory Subcommittee shall advise the General Advisory Committee and 
the United States Commissioners on matters relating to the conservation 
of ecosystems, the sustainable uses of living marine resources related 
to the tuna fishery in the eastern Pacific Ocean, and the long-term 
conservation and management of stocks of living marine resources in the 
eastern tropical Pacific Ocean.
    ``(2)(A) In addition to carrying out the duties specified in 
paragraph (1), the Scientific Advisory Subcommittee shall, upon request 
by the General Advisory Committee, the United States Commissioners, or 
the Secretary, perform functions and provide assistance required by 
formal agreements entered into by the United States for this fishery, 
including the International Dolphin Conservation Program.
    ``(B) The functions referred to in subparagraph (A) may include but 
are not limited to--
            ``(i) reviewing data from the International Dolphin 
        Conservation Program, including data received from the Inter-
        American Tropical Tuna Commission;
            ``(ii) making recommendations concerning research needs, 
        including ecosystems, fishing practices, and gear technology 
        research (including the development and use of selective, 
        environmentally safe, and cost-effective fishing gear), and the 
        coordination and facilitation of such research;
            ``(iii) making recommendations concerning scientific 
        reviews and assessments required under the International 
        Dolphin Conservation Program, and engaging, as appropriate, in 
        such reviews and assessments;
            ``(iv) consulting with other experts as needed; and
            ``(v) recommending measures to ensure the regular and 
        timely full exchange of data among the parties to the 
        International Dolphin Conservation Program and the national 
        scientific advisory committee of each country that participates 
        in the program (or the equivalent entity of that country).
    ``(c) The Secretary, in consultation with the United States 
Commissioners, shall establish procedures to provide for appropriate 
public participation and public meetings and to provide for the 
confidentiality of confidential business data. The Scientific Advisory 
Subcommittee shall be invited to have representatives attend all 
nonexecutive meetings of the United States sections and the General 
Advisory Subcommittee and shall be given full opportunity to examine 
and to be heard on all proposed programs of scientific investigation, 
scientific reports, and scientific recommendations of the Commission. 
Representatives of the Scientific Advisory Subcommittee may attend 
meetings of the Inter-American Tropical Tuna Commission in accordance 
with the rules of the Commission.
    ``(d)(1) The Secretary, in consultation with the United States 
Commissioners, shall fix the terms of office of the members of the 
General Advisory Committee and the Scientific Advisory Subcommittee.
    ``(2) Each member of the General Advisory Committee and the 
Scientific Advisory Subcommittee who is not an officer or employee of 
the Federal Government shall serve without compensation.
    ``(3) The General Advisory Committee and the Scientific Advisory 
Subcommittee shall be exempt from the Federal Advisory Committee Act (5 
U.S.C. App.).''.

SEC. 7. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall become effective 
upon--
            (1) a certification by the Secretary of State to the 
        Congress that a binding resolution of the Inter-American 
        Tropical Tuna Commission, or other legally binding instrument, 
        establishing the International Dolphin Conservation Program has 
        been adopted by each nation participating in the International 
        Dolphin Conservation Program and is in effect; and
            (2) the promulgation of final regulations under section 
        302(a) of the Marine Mammal Protection Act of 1972, as amended 
        by this Act.
                                 <all>
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