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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2823 Introduced in House (IH)]

  1st Session
                                H. R. 2823

   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

_______________________________________________________________________

                                 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.

    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 Conservation Program Act''.
    (b) References to Marine Mammal Protection Act.--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. PURPOSE AND FINDINGS.

    (a) Purpose.--The purpose of this Act is to give effect to the 
Declaration of Panama, signed October 4, 1995, by the Governments of 
Belize, Colombia, Costa Rica, Ecuador, France, Honduras, Mexico, 
Panama, Spain, the United States of America, Vanuatu, and Venezuela, 
including the establishment of the International Dolphin Conservation 
Program, relating to the protection of dolphins and other species, and 
the conservation and management of tuna in the eastern tropical Pacific 
Ocean.
    (b) Findings.--The Congress finds that twelve nations, including 
the United States, agreed in the Declaration of Panama to, among other 
things--
            (1) 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 the commitment and 
        objective to progressively reduce dolphin mortality to levels 
        approaching zero through the setting of annual limits;
            (2) establish a per-stock per-year mortality limit up to 
        the year 2001 of between 0.2 percent and 0.1 percent of the 
        minimum population estimate;
            (3) starting with the year 2001, require that the per-stock 
        per-year mortality of dolphin not exceed 0.1 percent of the 
        minimum population estimate;
            (4) require that in the event that the mortality limits in 
        paragraph (1), (2), or (3) are exceeded, all sets on dolphins 
        in the case of paragraph (1), or sets on such stock and any 
        mixed schools containing members of such stock in the case of 
        paragraph (2) or (3), shall cease for that fishing year; in the 
        case of paragraph (2), to conduct a scientific review and 
        assessment in 1998 of progress toward the year 2000 objective 
        and consider recommendations as appropriate; and, in the case 
        of paragraph (3), to conduct a scientific review and assessment 
        regarding that stock or those stocks and consider further 
        recommendations;
            (5) establish a per-vessel maximum annual dolphin mortality 
        limit consistent with the established per-year mortality caps; 
        and
            (6) provide a system of incentives to vessel captains to 
        continue to reduce dolphin mortality, with the goal of 
        eliminating dolphin mortality.

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.
    ``(29) The term `Declaration of Panama' means the declaration 
signed in Panama City, Republic of Panama, on October 4, 1995.''.

SEC. 4. AMENDMENTS TO TITLE I.

    (a) Section 101(a)(2) (16 U.S.C. 1371(a)(2)) is amended--
            (1) by inserting in the first sentence ``, 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'' before the 
        period; and
            (2) by striking the semicolon in the second sentence and 
        all that follows through ``practicable''.
    (b) 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 section 
                        101(a)(2) before the effective date of this 
                        section; or
                            ``(ii) the tuna or products therefrom were 
                        harvested after the effective date of this 
                        section by vessels of a nation which 
                        participates in the International Dolphin 
                        Conservation Program, and such harvesting 
                        nation is either a member of the Inter-American 
                        Tropical Tuna Commission or has initiated 
                        steps, in accordance with article V, paragraph 
                        3 of the Convention establishing the Inter-
                        American Tropical Tuna Commission, to become a 
                        member of that organization,
                except that the Secretary shall not accept such 
                documentary evidence as satisfactory proof for purposes 
                of this paragraph if--
                            ``(I) 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
                            ``(II) after taking into consideration this 
                        information, findings of the Inter-American 
                        Tropical Tuna Commission, and any other 
                        relevant information, including but not limited 
                        to information that a nation is consistently 
                        failing to take enforcement actions on 
                        violations which diminish the effectiveness of 
                        the International Dolphin Conservation Program, 
                        the Secretary, in consultation with the 
                        Secretary of State, finds that the harvesting 
                        nation is not in compliance with the 
                        International Dolphin Conservation Program.''.
    (c) 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 incidentally takes any marine 
mammal during fishing operations outside the United States exclusive 
economic zone when employed on a foreign fishing vessel of a harvesting 
nation which is in compliance with the International Dolphin 
Conservation Program.''.
    (d) Section 104(h) is amended to read as follows:
    ``(h)(1) Consistent with the regulations prescribed pursuant to 
section 103 of this title and to the requirements of section 101 of 
this title, the Secretary may issue an annual permit to a United States 
vessel for the taking of such marine mammals, together with regulations 
to cover the use of any such annual permits.
    ``(2) Such annual permits 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 pursuant to section 302.''.
    (e) Section 110 (16 U.S.C. 1380) is amended--
            (1) by redesignating subsection (a)(1) as subsection (a); 
        and
            (2) by striking subsection (a)(2).
    (f) Subsection (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 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 by a vessel using purse seine nets which 
                do not meet the requirements of being considered 
                dolphin safe under paragraph (2); or
                    ``(C) tuna harvested outside the eastern tropical 
                Pacific Ocean by a vessel using purse seine nets which 
                do not meet the requirements for being considered 
                dolphin safe under paragraph (3).''.
    (g) Subsection (d)(2) of the Dolphin Protection Consumer 
Information Act (16 U.S.C. 1385(d)(2)) is amended to read as follows:
            ``(2) For purposes of paragraph (1)(B), a tuna product that 
        contains tuna harvested in the eastern tropical Pacific Ocean 
        by a vessel using purse seine nets is dolphin safe if--
                    ``(A) the vessel is of a type and size that the 
                Secretary has determined, consistent with the 
                International Dolphin Conservation Program, is not 
                capable of deploying its purse seine nets on or to 
                encircle dolphins; or
                    ``(B)(i) the product is accompanied by a written 
                statement executed by the captain of the vessel which 
                harvested the tuna certifying that no dolphins were 
                killed during the sets in which the tuna were caught; 
                and
                    ``(ii) the product is accompanied by a written 
                statement executed by--
                            ``(I) the Secretary or the Secretary's 
                        designee;
                            ``(II) a representative of the Inter-
                        American Tropical Tuna Commission; or
                            ``(III) an authorized representative of a 
                        participating nation whose national program 
                        meets the requirements of the International 
                        Dolphin Conservation Program,
                which states that there was an observer approved by the 
                International Dolphin Conservation Program on board the 
                vessel during the entire trip and documents that no 
                dolphins were killed during the sets in which the tuna 
                in the tuna product were caught; and
                    ``(iii) the statements referred to in clauses (i) 
                and (ii) are endorsed in writing by each exporter, 
                importer, and processor of the product; and
                    ``(C) the written statements and endorsements 
                referred to in subparagraph (B) comply with regulations 
                promulgated by the Secretary which would provide for 
                the verification of tuna products as dolphin safe.''.
    (h) Subsection (d) of the Dolphin Protection Consumer Information 
Act (16 U.S.C. 1385(d)) is amended further by adding 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 any fishing 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 marine mammals, except as dolphin safe 
        in accordance with this subsection.''.
    (i) Subsection (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 three months after the effective date of this section, including, 
but not limited to, regulations addressing the use of weight 
calculation and well location, and which require that tuna products are 
labeled in accordance with subsection (d).''.

SEC. 5. AMENDMENTS TO TITLE III.

    (a) The heading of title III is amended to read as follows:

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

    (b) Section 301 (16 U.S.C. 1411) is amended--
            (1) in subsection (a), by striking paragraph (4) and 
        inserting in lieu thereof:
            ``(4) Nations harvesting yellowfin tuna in the eastern 
        tropical Pacific Ocean have demonstrated their willingness to 
        participate in appropriate multilateral agreements to reduce, 
        with the goal of eliminating, dolphin mortality in that 
        fishery. Recognition of the International Dolphin Conservation 
        Program will assure 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 in lieu thereof:
            ``(2) support the International Dolphin Conservation 
        Program and efforts within the Program to reduce, with the goal 
        of eliminating, 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 caught with 
        driftnets or caught by purse seine vessels in the eastern 
        tropical Pacific Ocean not operating in compliance with the 
        International Dolphin Conservation Program;''.
    (c) Section 302 (16 U.S.C. 1412) is amended to read as follows:

``SEC. 302. AUTHORITY OF THE SECRETARY.

    ``(a) Regulations.--(1) The Secretary shall issue regulations to 
implement the International Dolphin Conservation Program.
    ``(2)(A) Not later than three months after the effective date of 
this section, the Secretary shall issue regulations to authorize and 
govern the incidental taking of marine mammals in the eastern tropical 
Pacific Ocean, including any species of marine mammal designated as 
depleted under this Act but not listed as endangered or threatened 
under the Endangered Species Act (16 U.S.C. 1531 et seq.), by vessels 
of the United States participating in the International Dolphin 
Conservation Program.
    ``(B) Regulations issued under this section shall include 
provisions--
            ``(i) requiring observers on each vessel;
            ``(ii) requiring use of the backdown procedure or other 
        procedures equally or more effective in avoiding mortality of 
        marine mammals in fishing operations;
            ``(iii) prohibiting intentional sets on stocks and schools 
        in accordance with the International Dolphin Conservation 
        Program;
            ``(iv) requiring the use of special equipment, including, 
        but not limited to, 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 sets of 
        purse seine net on marine mammals is completed and rolling of 
        the net to sack up has begun no later than thirty minutes after 
        sundown;
            ``(vi) banning the use of explosive devices in all purse 
        seine operations;
            ``(vii) establishing per vessel maximum annual dolphin 
        mortality limits, total dolphin mortality limits and per-stock 
        per-year mortality limits in accordance with the International 
        Dolphin Conservation Program;
            ``(viii) preventing the making of intentional sets 
on dolphins after reaching either the vessel maximum annual dolphin 
mortality limits, total dolphin mortality limits, or per-stock per-year 
mortality limits;
            ``(ix) preventing the fishing on dolphins by a vessel 
        without an assigned vessel 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 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 
        vessels of the United States;
except that the Secretary may make such adjustments as may be 
appropriate to provisions that pertain to fishing gear and fishing 
practice requirements in order to carry out the International Dolphin 
Conservation Program.
    ``(b) Consultation.--In developing any 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) If the Secretary determines, on 
the basis of the best scientific information available (including that 
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 
actions as follows--
            ``(A) notify the Inter-American Tropical Tuna Commission of 
        his or her findings, along with recommendations to the 
        Commission as to actions necessary to reduce incidental 
        mortality and serious injury and mitigate such adverse impact; 
        and
            ``(B) prescribe emergency regulations to reduce incidental 
        mortality and serious injury and mitigate such adverse impact.
    ``(2) Prior to taking action under paragraph (1) (A) or (B), 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.
    ``(3) Emergency regulations prescribed under this subsection--
            ``(A) shall be published in the Federal Register, together 
        with an explanation thereof;
            ``(B) 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) 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.--The Secretary shall, 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, but not limited 
to--
            ``(1) 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 commercial purse seine fishing in the eastern tropical 
        Pacific Ocean;
            ``(2) developing cost-effective methods of fishing for 
        mature yellowfin tuna without setting nets on dolphins or other 
        marine mammals;
            ``(3) 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 not 
within waters under the jurisdiction of the United States; and
            ``(4) studying the effect of chase and encirclement on the 
        health and biology of dolphin and dolphin populations 
        incidentally taken in the course of purse seine fishing for 
        yellowfin tuna in the eastern tropical Pacific Ocean.
The Secretary shall include a description of the annual results of 
research carried out under this subsection in the report required under 
section 303.''.
    (d) Section 303 (16 U.S.C. 1413) is hereby repealed.
    (e) Section 304 (16 U.S.C. 1414) is hereby redesignated as section 
303, and amended to read as follows:

``SEC. 303. REPORTS BY THE SECRETARY.

    ``Notwithstanding section 103(f), the Secretary shall submit annual 
reports to the Congress which include--
            ``(1) results of research conducted pursuant to 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 bycatch of juvenile yellowfin tuna and 
        bycatch of 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 Program's goals and objectives, 
        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 section 
        101(a)(2)(B)(iii) (I) and (II);
            ``(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 deemed relevant by the 
        Secretary.''.
    (f) Section 305 (16 U.S.C. 1415) is hereby repealed.
    (g) Section 306 (16 U.S.C. 1416) is hereby redesignated as section 
304, and amended to read as follows:

``SEC. 304. PERMITS.

    ``(a) In General.--(1) Consistent with the regulations issued 
pursuant to section 302, the Secretary shall issue a permit to a vessel 
of the United States authorizing participation in the International 
Dolphin Conservation Program and may require a permit for the person 
actually in charge of and controlling the fishing operation of the 
vessel. The Secretary shall prescribe such procedures as are necessary 
to carry out this subsection, including, but not limited to, requiring 
the submission of--
            ``(A) the name and official number or other identification 
        of each fishing vessel for which a permit is sought, together 
        with 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 vessel.
    ``(2) The Secretary is authorized to charge a fee for granting an 
authorization and 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.
    ``(3) After the effective date of this section, no vessel of the 
United States shall operate in the yellowfin tuna fishery in the 
eastern tropical Pacific Ocean without a valid permit issued under this 
section.
    ``(b) Permit Sanctions.--(1) In any case in which--
            ``(A) a vessel for which a permit has been issued under 
        this section has been used in the commission of 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, or other person who has 
        applied for or been issued a permit under this section has not 
        been paid or is overdue, the Secretary may--
                    ``(i) revoke any permit with respect to such 
                vessel, with or without prejudice to the issuance of 
                subsequent permits;
                    ``(ii) suspend such permit for a period of time 
                considered by the Secretary to be appropriate;
                    ``(iii) deny such permit; or
                    ``(iv) impose additional conditions or restrictions 
                on any permit issued to, or applied for by, any such 
                vessel or person under this section.
    ``(2) 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, any history of prior offenses, and other such 
        matters as justice requires.
    ``(3) 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. Before executing the 
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.
    ``(4) In the case of any permit that is suspended for the failure 
to pay a civil penalty or criminal fine, the Secretary shall reinstate 
the permit upon payment of the penalty or fine and interest thereon at 
the prevailing rate.
    ``(5) No sanctions shall 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.''.
    (h) Section 307 (16 U.S.C. 1417) is hereby redesignated as section 
305, and amended--
            (1) in subsection (a)--
                    (A) by amending paragraph (1) to read as follows:
            ``(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 either dolphin safe 
        or has been harvested in compliance with the International 
        Dolphin Conservation Program by a country that is a member of 
        the Inter-American Tropical Tuna Commission or has initiated 
        steps, in accordance with Article V, paragraph 3 of the 
        Convention establishing the Inter-American Tropical Tuna 
        Commission, to become a member of that organization;'';
                    (B) by striking paragraphs (2) and inserting in 
                lieu thereof the following:
            ``(2) except as provided for in subsection 101(d), for any 
        person or vessel subject to the jurisdiction of the United 
        States intentionally to 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 pursuant to this 
        title;''; and
                    (C) by amending paragraph (3) to read as follows:
            ``(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(a)(2);'';
            (2) in subsection (b)(2), by inserting ``(a)(5) and'' 
        before ``(a)(6)''; and
            (3) by deleting subsection (d).
    (i) Section 308 (16 U.S.C. 1418) is redesignated as section 306, 
and amended by striking ``303'' and inserting in lieu thereof 
``302(d)''.
    (j) Clerical Amendments.--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 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.''.

SEC. 6. AMENDMENTS TO THE TUNA CONVENTIONS ACT.

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

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

    ``The Secretary, in consultation with the United States 
Commissioners, shall:
            ``(1) Appoint a General Advisory Committee which shall be 
        composed of not less than five nor more than fifteen persons 
        with balanced representation from the various groups 
        participating in the fisheries included under the conventions, 
        and from nongovernmental conservation organizations. 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 all meetings of the 
        international commissions to which they are invited by such 
        commissions.
            ``(2) Appoint a Scientific Advisory Subcommittee which 
        shall be composed of not less than five nor more than fifteen 
        qualified scientists with balanced representation from the 
        public and private sectors, including nongovernmental 
        conservation organizations. The Scientific Advisory 
        Subcommittee shall advise the General Advisory Committee and 
        the Commissioners on matters including 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. In 
        addition, the Scientific Advisory Subcommittee shall, as 
        requested 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. These functions may include: (A) 
        the review of data from the Program, including data received 
        from the Inter-American Tropical Tuna Commission; (B) 
        recommendations on 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 on the coordination and 
        facilitation of such research; (C) recommendations concerning 
        scientific reviews and assessments required under the Program 
        and engaging, as appropriate, in such reviews and assessments; 
        (D) consulting with other experts as needed; and (E) 
        recommending measures to assure the regular and timely full 
        exchange of data among the parties to the Program and each 
        nation's National Scientific Advisory Committee (or 
        equivalent).
            ``(3) 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 such Commission.
            ``(4) Fix the terms of office of the members of the General 
        Advisory Committee and Scientific Advisory Subcommittee, who 
        shall receive no compensation for their services as such 
        members.''.

SEC. 7. EFFECTIVE DATE.

    Sections 3 through 6 of this Act shall become effective upon 
certification by the Secretary of State to 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 and is in effect.
                                 <all>
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HR 2823 IH----3
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