I

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.

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 Protection and Consumer Infor4 mation Act of 1995’’.

5 (b) REFERENCES TO MARINE MAMMAL PROTECTION

6 ACT OF 1972.—Except as otherwise expressly provided,

7 whenever in this Act an amendment or repeal is expressed

8 in terms of an amendment to, or repeal of, a section or

9 other provision, the reference shall be considered to be

10 made to a section or other provision of the Marine Mam11 mal Protection Act of 1972 (16 U.S.C. 1361 et seq.).

12 SEC. 2. FINDINGS AND PURPOSES.

13 (a) FINDINGS.—The Congress finds the following:

14 (1) The nations that fish for tuna in the east15 ern tropical Pacific Ocean have reduced dolphin

16 mortalities associated with that fishery from hun17 dreds of thousands annually to fewer than 5,000 an18 nually.

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

21 from nations that fish for tuna in the eastern tropi22 cal Pacific Ocean have served as an incentive to re23 duce dolphin mortalities.

24 (3) Consumers of the United States and Eu25 rope have made clear their preference for tuna that
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1 has not been caught through the killing, chasing, or

2 harming of dolphins.

3 (4) Tuna canners and processors of the United

4 States have led the canning and processing industry

5 in promoting a dolphin-safe tuna market.

6 (5) The 12 signatory nations to the Declaration

7 of Panama, including the United States, agreed

8 under that Declaration to require that the total an9 nual dolphin mortality in the purse seine fishery for

10 yellowfin tuna in the eastern tropical Pacific Ocean

11 not exceed 5,000, with a commitment and objective

12 to progressively reduce dolphin mortality to a level

13 approaching zero through the setting of annual lim14 its.

15 (b) PURPOSES.—The purposes of this Act are—

16 (1) to recognize that nations fishing for tuna in

17 the eastern tropical Pacific Ocean have achieved sig18 nificant reductions in dolphin mortality associated

19 with that fishery; and

20 (2) to eliminate the ban on imports of dolphin21 safe tuna from those nations.

22 SEC. 3. DEFINITIONS.

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

24 at the end the following new paragraphs:
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1 ‘‘(28) The term ‘International Dolphin Con2 servation Program’ means the international program

3 established by the agreement signed in La Jolla,

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

5 and enhanced in accordance with the Declaration of

6 Panama, that requires—

7 ‘‘(A)(i) that the total annual dolphin mor8 tality in the purse seine fishery for yellowfin

9 tuna in the eastern tropical Pacific Ocean be

10 limited to 5,000; and

11 ‘‘(ii) a commitment and objective to pro12 gressively reduce dolphin mortality to a level

13 approaching zero through the setting of annual

14 limits;

15 ‘‘(B) the establishment of a per stock per

16 year mortality limit for dolphins at a level be17 tween 0.2 percent and 0.1 percent of the mini18 mum estimated population each year through

19 2000;

20 ‘‘(C) beginning with the year 2001, the es21 tablishment of a per stock per year mortality

22 limit for dolphins at a level less than or equal

23 to 0.1 percent of the minimum population esti24 mate;
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1 ‘‘(D) that if a mortality limit is exceeded

2 under—

3 ‘‘(i) subparagraph (A), all purse seine

4 net sets on dolphins shall cease for the

5 fishing year concerned; or

6 ‘‘(ii) subparagraph (B) or (C), all

7 purse seine net sets on the stocks covered

8 under subparagraph (B) or (C) and on any

9 mixed schools that contain any of those

10 stocks shall cease for the fishing year con11 cerned;

12 ‘‘(E) a scientific review and assessment to

13 be conducted in 1998 to—

14 ‘‘(i) assess progress in meeting the ob15 jectives set for the year 2,000 under sub16 paragraph (B); and

17 ‘‘(ii) as appropriate, consider rec18 ommendations for meeting these objectives;

19 ‘‘(F) a scientific review and assessment to

20 be conducted—

21 ‘‘(i) to review the stocks covered

22 under subparagraph (C); and

23 ‘‘(ii) as appropriate, to consider rec24 ommendations to further the objectives set

25 under that subparagraph;
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1 ‘‘(G) the establishment of a per vessel

2 maximum annual dolphin mortality limit con3 sistent with the applicable per year mortality

4 limits under subparagraphs (A), (B), and (C);

5 and

6 ‘‘(H) the provision of a system of incen7 tives to vessel captains to continue to reduce

8 dolphin mortality, with the goal of eliminating

9 dolphin mortality.

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

11 the declaration signed in Panama City, Republic of

12 Panama, on October 4, 1995.’’.

13 SEC. 4. AMENDMENTS RELATING TO TITLE I.

14 (a) AUTHORIZATION TO TAKE MARINE MAMMALS.—

15 Section 101(a)(2) (16 U.S.C. 1371(a)(2)) is amended—

16 (1) in the first sentence, by inserting before the

17 period the following: ‘‘, and authorizations may be

18 granted under title III with respect to the yellowfin

19 tuna fishery of the eastern tropical Pacific Ocean,

20 subject to regulations prescribed under that title by

21 the Secretary without regard to section 103’’; and

22 (2) in the second sentence, by striking the semi23 colon and all that follows through ‘‘practicable’’.

24 (b) EXPORTING NATIONS.—Section 101(a)(2)(B) (16

25 U.S.C. 1371(a)(2)(B)) is amended to read as follows:
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1 ‘‘(B) in the case of yellowfin tuna har2 vested with purse seine nets in the eastern trop3 ical Pacific Ocean, and products therefrom, to

4 be exported to the United States, shall require

5 that the government of the exporting nation

6 provide documentary evidence that—

7 ‘‘(i) the tuna or products therefrom

8 were not banned from importation under

9 this paragraph before the effective date of

10 the International Dolphin Protection and

11 Consumer Information Act of 1995; or

12 ‘‘(ii) the tuna or products therefrom

13 were harvested after the effective date of

14 the International Dolphin Protection and

15 Consumer Information Act of 1995 by ves16 sels of a nation that—

17 ‘‘(I) is a member of the Inter18 American Tropical Tuna Commission;

19 ‘‘(II) is participating in the

20 International Dolphin Conservation

21 Program; and

22 ‘‘(III) has implemented the obli23 gations of that nation as a member of

24 the Inter-American Tropical Tuna

25 Commission; and
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1 ‘‘(iii) 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 and the total dolphin mortality limit for

6 each vessel in each successive year shall be

7 reduced by a statistically significant

8 amount until the goal of zero mortality is

9 reached, except that the per stock per year

10 mortality limits for stocks designated as

11 depleted under this Act shall not exceed

12 the actual 1994 mortality level;

13 except that the Secretary shall not accept such

14 documentary evidence as satisfactory proof for

15 purposes of clauses (i) through (iii) if the gov16 ernment of the harvesting nation does not au17 thorize the Inter-American Tropical Tuna Com18 mission to release sufficient information to the

19 Secretary to allow a determination of compli20 ance with the International Dolphin Conserva21 tion Program, or if after taking into consider22 ation that information, findings of the Inter23 American Tropical Tuna Commission, and any

24 other relevant information, including informa25 tion that a nation is consistently failing to take
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1 enforcement actions on violations specified in

2 the agreement signed in La Jolla, California, in

3 June 1992 and adopted by the International

4 Dolphin Conservation Program, the Secretary,

5 in consultation with the Secretary of State,

6 finds that the violations diminish the effective7 ness of the International Dolphin Conservation

8 Program and that the harvesting nation is not

9 in compliance with the International Dolphin

10 Conservation Program;’’.

11 (c) UNITED STATES CITIZENS.—Section 101 (16

12 U.S.C. 1371) is amended by adding at the end the follow13 ing new subsection:

14 ‘‘(d) The provisions of this Act shall not apply to a

15 citizen of the United States when such citizen takes any

16 marine mammal incidental to tuna purse seine fishing op17 erations outside the United States exclusive economic zone

18 (as that term is defined in section 3(6) of the Magnuson

19 Fishery Conservation and Management Act (16 U.S.C.

20 1802(6)) when employed on a foreign fishing vessel of a

21 harvesting nation that is in compliance with the Inter22 national Dolphin Conservation Program.’’.

23 (d) PERMIT.—Section 104(h) (16 U.S.C. 1374) is

24 amended to read as follows:
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1 ‘‘(h)(1) Consistent with the regulations prescribed

2 pursuant to section 103 and the requirements of section

3 101, the Secretary may issue—

4 ‘‘(A) an annual permit to a United States vessel

5 authorizing the taking of such marine mammals;

6 and

7 ‘‘(B) regulations governing the use of such an8 nual permits.

9 ‘‘(2) An annual permit for the incidental taking of

10 marine mammals in the course of commercial purse seine

11 fishing for yellowfin tuna in the eastern tropical Pacific

12 Ocean shall be governed by section 304, subject to the reg13 ulations issued under section 302.’’.

14 (e) TECHNICAL CORRECTION.—Section 110(a) (16

15 U.S.C. 1380(a)) is amended—

16 (1) by striking ‘‘(a)(1) The Secretary’’ and in17 serting ‘‘(a) The Secretary’’; and

18 (2) by striking paragraph (2).

19 (f) DOLPHIN SAFE LABEL.—Section 901(d)(1) of the

20 Dolphin Protection Consumer Information Act (16 U.S.C.

21 1385(d)(1)) is amended to read as follows:

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

23 Trade Commission Act (15 U.S.C. 45) for any pro24 ducer, importer, exporter, distributor, or seller of

25 any tuna product that is exported from or offered
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1 for sale in the United States to include on the label

2 of that product the term ‘Dolphin Safe’ or any other

3 term or symbol that falsely claims or suggests that

4 the tuna contained in the product was harvested

5 using a method of fishing that is not harmful to dol6 phins if the product contains—

7 ‘‘(A) tuna harvested on the high seas by a

8 vessel engaged in driftnet fishing;

9 ‘‘(B) tuna harvested in the eastern tropical

10 Pacific Ocean which does not meet the require11 ments for being considered dolphin safe under

12 paragraph (2); or

13 ‘‘(C) tuna harvested outside the eastern

14 tropical Pacific Ocean which does not meet the

15 requirements for being considered dolphin safe

16 under paragraph (3).’’.

17 (g) DOLPHIN SAFE DEFINED.—Section 901(d) of the

18 Dolphin Protection Consumer Information Act (16 U.S.C.

19 1385(d)) is amended by adding at the end the following

20 new paragraphs:

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

22 a tuna product that contains tuna harvested outside

23 the eastern tropical Pacific Ocean by a fishing vessel

24 using purse seine nets is dolphin safe if—
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1 ‘‘(A) it is accompanied by a written state2 ment executed by the captain of the vessel cer3 tifying that no purse seine net was intentionally

4 deployed on or to encircle dolphins during the

5 particular voyage on which the tuna was har6 vested; or

7 ‘‘(B) in the case of tuna from any fishery

8 in which the Secretary has determined that a

9 regular and significant association occurs be10 tween marine mammals and tuna, it is accom11 panied by a written statement executed by the

12 captain of the vessel and an observer, certifying

13 that no purse seine net was intentionally de14 ployed on or to encircle marine mammals dur15 ing the particular voyage on which the tuna was

16 harvested.

17 ‘‘(4) No tuna product may be labeled with any

18 reference to dolphins, porpoises, or other marine

19 mammals, except as dolphin safe in accordance with

20 this subsection.’’.

21 (h) REGULATIONS.—Section 901(f) of the Dolphin

22 Protection Consumer Information Act (16 U.S.C. 1385(f))

23 is amended to read as follows:

24 ‘‘(f) The Secretary, in consultation with the Secretary

25 of the Treasury, shall issue regulations to implement this
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1 section, not later than 3 months after the effective date

2 of the International Dolphin Protection and Consumer In3 formation Act of 1995.’’.

4 SEC. 5. AMENDMENTS TO TITLE III.

5 (a) CLERICAL AMENDMENT.—The heading for title

6 III is amended to read as follows:

7 ‘‘TITLE III—INTERNATIONAL

8 DOLPHIN CONSERVATION

9 PROGRAM’’.

10 (b) INTERNATIONAL PROGRAM.—Section 301 (16

11 U.S.C. 1411) is amended—

12 (1) in subsection (a), by striking paragraph (4)

13 and inserting the following:

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

15 eastern tropical Pacific Ocean have demonstrated

16 their willingness to participate in appropriate multi17 lateral agreements to reduce, and eventually elimi18 nate, dolphin mortality in that fishery. Recognition

19 of the International Dolphin Conservation Program

20 will ensure that the existing trend of reduced dol21 phin mortality continues, that individual stocks of

22 dolphins are adequately protected, and that the goal

23 of eliminating all dolphin mortality continues to be

24 a priority.’’; and
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1 (2) in subsection (b), by striking paragraphs

2 (2) and (3) and inserting the following:

3 ‘‘(2) support the International Dolphin Con4 servation Program and efforts within the Program

5 to reduce, and eventually eliminate, the mortality re6 ferred to in paragraph (1);

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

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

9 tuna with driftnets, or by deploying purse seine nets

10 on or to encircle dolphins, in the eastern tropical Pa11 cific Ocean other than in compliance with the Inter12 national Dolphin Conservation Program;’’.

13 (c) SECRETARY’S AUTHORITY.—Section 302 (16

14 U.S.C. 1412) is amended to read as follows:

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

16 ‘‘(a) REGULATIONS.—

17 ‘‘(1) GENERAL REQUIREMENT.—The Secretary

18 shall issue regulations to implement the Inter19 national Dolphin Conservation Program.

20 ‘‘(2) INCIDENTAL TAKINGS IN ETP.—

21 ‘‘(A) ISSUANCE OF REGULATIONS.—Not

22 later than 3 months after the effective date of

23 the International Dolphin Protection and

24 Consumer Information Act of 1995, and con25 sistent with section 101, the Secretary shall
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1 issue regulations that authorize and govern the

2 incidental taking of marine mammals in the

3 eastern tropical Pacific Ocean by vessels of the

4 United States in accordance with the Inter5 national Dolphin Conservation Program.

6 ‘‘(B) CONTENTS.—Subject to subpara7 graph (C) the regulations issued under this

8 paragraph shall include provisions—

9 ‘‘(i) requiring observers on each ves10 sel;

11 ‘‘(ii) requiring the use of the back12 down procedure or other procedures that

13 are equally or more effective in avoiding

14 mortality of marine mammals in fishing

15 operations;

16 ‘‘(iii) prohibiting intentional setting of

17 nets on or to encircle stocks and schools of

18 marine mammals except in accordance

19 with the International Dolphin Conserva20 tion Program;

21 ‘‘(iv) requiring the use of special

22 equipment, including dolphin safety panels

23 in nets, operable rafts, speedboats with

24 towing bridles, floodlights in operable con25 dition, and diving masks and snorkels;
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1 ‘‘(v) ensuring that the backdown pro2 cedure during any setting of a purse seine

3 net on or to encircle marine mammals is

4 completed, and rolling of the net to sack

5 up has begun, no later than 30 minutes

6 after sundown;

7 ‘‘(vi) banning the use of explosive de8 vices in all purse seine net operations;

9 ‘‘(vii) establishing per vessel maxi10 mum annual dolphin mortality limit, total

11 dolphin mortality limits, and per stock per

12 year mortality limits, subject to section

13 101 and in accordance with the Inter14 national Dolphin Conservation Program;

15 ‘‘(viii) preventing the making of inten16 tional setting of purse seine nets on or to

17 encircle dolphins after reaching either any

18 vessel maximum annual dolphin mortality

19 limits, total dolphin mortality limit, or per

20 stock per year mortality limit;

21 ‘‘(ix) preventing intentional setting of

22 purse seine nets on or to encircle dolphins

23 by a vessel that does not have an assigned

24 dolphin mortality limit;
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1 ‘‘(x) allowing for the authorization

2 and conduct of experimental fishing oper3 ations, under such terms and conditions as

4 the Secretary may prescribe, for the pur5 pose of testing proposed improvements in

6 fishing techniques and equipment that may

7 reduce or eliminate dolphin mortality or

8 that do not require the encirclement of dol9 phins in the course of commercial yellowfin

10 tuna fishing; and

11 ‘‘(xi) containing such other restric12 tions and requirements as the Secretary

13 determines are necessary to implement the

14 International Dolphin Conservation Pro15 gram with respect to the vessels of the

16 United States;

17 ‘‘(C) ADJUSTMENTS TO REQUIREMENTS.—

18 The Secretary may make such adjustments as

19 may be appropriate to requirements under sub20 paragraph (B) that pertain to fishing gear and

21 fishing practices in order to carry out the Inter22 national Dolphin Conservation Program.

23 ‘‘(b) CONSULTATION.—In developing a regulation

24 under this section, the Secretary shall consult with the

25 Secretary of State, the Marine Mammal Commission, and
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1 the United States Commissioners to the Inter-American

2 Tropical Tuna Commission appointed under section 3 of

3 the Tuna Conventions Act of 1950 (16 U.S.C. 952).

4 ‘‘(c) EMERGENCY REGULATIONS.—

5 ‘‘(1) IN GENERAL.—If the Secretary deter6 mines, on the basis of the best scientific information

7 available (including scientific information obtained

8 under the International Dolphin Conservation Pro9 gram) that the incidental mortality and serious in10 jury of marine mammals authorized under this title

11 is having, or is likely to have, a significant adverse

12 effect on a marine mammal stock or species, the

13 Secretary shall take the following actions:

14 ‘‘(A) Notify the Inter-American Tropical

15 Tuna Commission of the findings of the Sec16 retary, and include in that notification rec17 ommendations to the Commission concerning

18 actions necessary to reduce incidental mortality

19 and serious injury and mitigate such adverse

20 impact.

21 ‘‘(B) Prescribe emergency regulations to

22 reduce incidental mortality and serious injury

23 and mitigate such adverse impact.

24 ‘‘(2) CONSULTATIONS.—Prior to taking action

25 under subparagraph (A) or (B) of paragraph (1),
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1 the Secretary shall consult with the Secretary of

2 State, the Marine Mammal Commission, and the

3 United States Commissioners to the Inter-American

4 Tropical Tuna Commission appointed under section

5 3 of the Tuna Conventions Act of 1950 (16 U.S.C.

6 952).

7 ‘‘(3) CONTENTS OF REGULATIONS.—Emergency

8 regulations prescribed under this subsection—

9 ‘‘(A) shall be published in the Federal

10 Register, together with an explanation thereof;

11 ‘‘(B) subject to subparagraph (C) shall re12 main in effect for the duration of the applicable

13 fishing year; and

14 ‘‘(C) may be terminated by the Secretary

15 at an earlier date by publication in the Federal

16 Register of a notice of termination, if the Sec17 retary determines that the reasons for the

18 emergency action no longer exist.

19 ‘‘(4) EXTENSION OF REGULATIONS.—If the

20 Secretary finds that the incidental mortality and se21 rious injury of marine mammals in the yellowfin

22 tuna fishery in the eastern tropical Pacific Ocean is

23 continuing to have a significant adverse impact on a

24 stock or species, the Secretary may extend the emer-
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1 gency regulations for such additional periods as may

2 be necessary.

3 ‘‘(d) RESEARCH.—

4 ‘‘(1) FURTHERING INTERNATIONAL PRO5 GRAM.—The Secretary may, in cooperation with the

6 nations participating in the International Dolphin

7 Conservation Program and with the Inter-American

8 Tropical Tuna Commission, undertake or support

9 appropriate scientific research to further the goals of

10 the International Dolphin Conservation Program, in11 cluding—

12 ‘‘(A) devising cost-effective fishing methods

13 and gear so as to reduce, with the goal of elimi14 nating, the incidental mortality and serious in15 jury of marine mammals in connection with

16 tuna purse seine fishing in the eastern tropical

17 Pacific Ocean;

18 ‘‘(B) developing cost-effective methods of

19 fishing for mature yellowfin tuna without set20 ting nets on or to encircle dolphins or other ma21 rine mammals; and

22 ‘‘(C) carrying out a scientific research pro23 gram (as described in section 117) for those

24 marine mammal species and stocks taken in the

25 purse seine fishery for yellowfin tuna in the
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1 eastern tropical Pacific Ocean, including species

2 or stocks that are not within waters under the

3 jurisdiction of the United States.

4 ‘‘(2) REQUIRED RESEARCH.—The Secretary,

5 acting through the National Marine Fisheries Serv6 ice, shall undertake a research program to—

7 ‘‘(A) determine the effect of harassment by

8 chase and encirclement on the health and biol9 ogy of dolphins encircled by purse seine nets in

10 the course of fishing for yellowfin tuna in the

11 eastern tropical Pacific Ocean; and

12 ‘‘(B) regarding the incidental take of

13 nontarget species, including juvenile tuna, de14 termine—

15 ‘‘(i) the extent to which such inciden16 tal take occurs when fishing for yellowfin

17 tuna using dolphin-safe methods including

18 fish aggregation devices;

19 ‘‘(ii) the impact of that incidental take

20 on tuna stocks; and

21 ‘‘(iii) the locations in which such

22 methods are occurring.

23 ‘‘(3) REPORT.—

24 ‘‘(A) IN GENERAL.—Not later than 3 years

25 after the date of enactment of the International
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1 Dolphin Protection and Consumer Information

2 Act of 1995, the Secretary shall submit a re3 port to the Congress on the results of the re4 search program conducted under paragraph (2).

5 ‘‘(B) RECOMMENDATIONS.—The Secretary

6 shall include in the report under this paragraph

7 any recommendations, made on the basis of the

8 results of the research program conducted

9 under paragraph (2), that the Secretary consid10 ers to be appropriate concerning—

11 ‘‘(i) legislation to address issues that

12 the Secretary determines to be relevant to

13 the results of the research program; and

14 ‘‘(ii) changes to the International Dol15 phin Conservation Program.

16 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—

17 There are authorized to be appropriated to the Sec18 retary of Commerce $1,000,000 to carry out para19 graph (2).’’.

20 (d) GENERAL REPORTING REQUIREMENTS; PER21 MITS.—Title III (16 U.S.C. 1411 et seq.) is amended—

22 (1) by striking sections 303 and 304;

23 (2) by inserting after section 302 the following:
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1 ‘‘SEC. 303. REPORTS BY THE SECRETARY.

2 ‘‘The Secretary shall annually submit to the Congress

3 a report that includes—

4 ‘‘(1) results of research conducted under section

5 302;

6 ‘‘(2) a description of the status and trends of

7 stocks of tuna;

8 ‘‘(3) a description of the efforts to assess,

9 avoid, reduce, and minimize the incidental take of

10 juvenile yellowfin tuna and other nontarget species;

11 ‘‘(4) a description of the activities of the Inter12 national Dolphin Conservation Program and of the

13 efforts of the United States in support of the goals

14 and objectives of the International Dolphin Con15 servation Program, including the protection of dol16 phin populations in the eastern tropical Pacific

17 Ocean, and an assessment of the effectiveness of the

18 Program;

19 ‘‘(5) actions taken by the Secretary under the

20 matter following clause (iii) of section 101(a)(2)(B);

21 ‘‘(6) copies of any relevant resolutions and deci22 sions of the Inter-American Tropical Tuna Commis23 sion, and any regulations promulgated by the Sec24 retary under this title; and

25 ‘‘(7) any other information that the Secretary

26 considers to be relevant.’’;
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1 (3) by striking sections 305 and 306;

2 (4) by inserting after section 303 the following:

3 ‘‘SEC. 304. PERMITS.

4 ‘‘(a) IN GENERAL.—

5 ‘‘(1) ISSUANCE.—In a manner consistent with

6 the regulations issued under section 302, the Sec7 retary—

8 ‘‘(A) shall require and issue a permit to a

9 vessel of the United States authorizing partici10 pation in the International Dolphin Conserva11 tion Program and incidental takes of marine

12 mammals under that program; and

13 ‘‘(B) may require such a permit for the

14 person actually in charge of and controlling the

15 fishing operation of a vessel operating under

16 such a permit.

17 ‘‘(2) PROCEDURES.—The Secretary shall pre18 scribe such procedures as are necessary to carry out

19 this subsection, including requiring the submission

20 of—

21 ‘‘(A) the name and official number or

22 other identification of each fishing vessel for

23 which a permit is sought, and the name and ad24 dress of the owner thereof; and
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1 ‘‘(B) the tonnage, hold capacity, speed,

2 processing equipment, and type and quantity of

3 gear, including an inventory of special equip4 ment required under section 302, with respect

5 to each fishing vessel for which a permit is

6 sought.

7 ‘‘(3) FEES.—The Secretary may charge a fee

8 for issuing a permit under this section. The level of

9 fees charged under this paragraph may not exceed

10 the administrative cost incurred in granting an au11 thorization and issuing a permit. Fees collected

12 under this paragraph shall be available to the Under

13 Secretary of Commerce for Oceans and Atmosphere

14 for expenses incurred in granting authorizations and

15 issuing permits under this section.

16 ‘‘(4) PERMIT REQUIRED.—After the effective

17 date of the International Dolphin Protection and

18 Consumer Information Act of 1995, no vessel of the

19 United States shall encircle dolphins with purse

20 seine nets in the course of fishing for yellowfin tuna

21 fishery in the eastern tropical Pacific Ocean without

22 a valid permit issued under this section.

23 ‘‘(b) PERMIT SANCTIONS.—
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1 ‘‘(1) IN GENERAL.—The Secretary may impose

2 a sanction under paragraph (2) in any case in

3 which—

4 ‘‘(A) a vessel for which a permit has been

5 issued under this section has been used in the

6 commission in an act prohibited under section

7 305;

8 ‘‘(B) the owner or operator of any such

9 vessel or any other person who has applied for

10 or been issued a permit under this section has

11 acted in violation of section 305; or

12 ‘‘(C) any civil penalty or criminal fine im13 posed on a vessel, owner or operator of a vessel

14 as provided for under the International Dolphin

15 Conservation Program, or other person who has

16 applied for or been issued a permit under this

17 section has not been paid or is overdue.

18 ‘‘(2) SANCTIONS DESCRIBED.—As a sanction

19 imposed under paragraph (1) with respect to a ves20 sel, the Secretary may—

21 ‘‘(A) revoke any permit with respect to the

22 vessel, with or without prejudice to the issuance

23 of subsequent permits;
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1 ‘‘(B) suspend a permit referred to in sub2 paragraph (A) for a period of time the Sec3 retary considers to be appropriate;

4 ‘‘(C) deny a permit referred to in subpara5 graph (A); or

6 ‘‘(D) impose additional conditions or re7 strictions on any permit issued to, or applied

8 for by, any such vessel or person under this sec9 tion.

10 ‘‘(3) CONSIDERATIONS.—In imposing a sanc11 tion under this subsection, the Secretary shall take

12 into account—

13 ‘‘(A) the nature, circumstances, extent,

14 and gravity of the prohibited acts for which the

15 sanction is imposed; and

16 ‘‘(B) with respect to the violator, the de17 gree of culpability, the history of prior offenses,

18 and other such matters as justice requires.

19 ‘‘(4) SANCTION NOT EXTINGUISHED BY TRANS20 FER OF OWNERSHIP.—

21 ‘‘(A) IN GENERAL.—Transfer of ownership

22 of a vessel, by sale or otherwise, shall not extin23 guish any permit sanction that is in effect or is

24 pending at the time of transfer of ownership.
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1 ‘‘(B) DISCLOSURE.—Before executing a

2 transfer of ownership of a vessel, by sale or oth3 erwise, the owner shall disclose in writing to the

4 prospective transferee the existence of any per5 mit sanction that will be in effect or pending

6 with respect to the vessel at the time of trans7 fer.

8 ‘‘(5) REINSTATEMENT OF PERMIT SUSPENDED

9 FOR NONPAYMENT.—In the case of any permit that

10 is suspended for a failure to pay a civil penalty or

11 criminal fine, the Secretary shall reinstate the per12 mit upon payment of the penalty or fine and any ac13 crued interest on that penalty or fine (as determined

14 by the Secretary).

15 ‘‘(6) HEARING REQUIREMENT.—No sanction

16 may be imposed under this section unless there has

17 been a prior opportunity for a hearing on the facts

18 underlying the violation for which the sanction is im19 posed, either in conjunction with a civil penalty pro20 ceeding under this title or otherwise.’’;

21 (5) by redesignating section 307 as section 305;

22 (6) in section 305, as so redesignated—

23 (A) in subsection (a)—

24 (i) by striking paragraph (1) and in25 serting the following:
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•HR 2856 IH

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

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

3 tuna or tuna product unless the tuna or tuna prod4 uct is dolphin-safe under section 901(d) of the Dol5 phin Protection Consumer Information Act (16

6 U.S.C. 1385(d)) and has been harvested in compli7 ance with the International Dolphin Conservation

8 Program by a nation that is a member of the Inter9 American Tropical Tuna Commission;’’; and

10 (ii) by striking paragraphs (2) and (3)

11 and inserting the following:

12 ‘‘(2) except as provided for in section 101(d),

13 for any person or vessel subject to the jurisdiction

14 of the United States to intentionally set a purse

15 seine net on or to encircle any marine mammal in

16 the course of tuna fishing operations in the eastern

17 tropical Pacific Ocean, except in accordance with

18 this title and regulations issued under this title;

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

20 tuna or yellowfin tuna product or any other fish or

21 fish product in violation of a ban on importation im22 posed under section 101;’’; and

23 (B) in subsection (b)(2), by inserting

24 ‘‘(a)(5) or’’ before ‘‘(a)(6)’’;
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1 (7) by redesignating section 308 as section 306;

2 and

3 (8) in section 306, as so redesignated, by strik4 ing ‘‘section 303’’ and inserting ‘‘section 302(d)’’.

5 (e) CLERICAL AMENDMENT.—The table of contents

6 in the first section of the Marine Mammal Protection Act

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

8 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.’’.

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

10 1950.

11 (a) COMMISSIONER FROM NMFS.—Section 3(c) of

12 the Tuna Conventions Act of 1950 (16 U.S.C. 952(c)) is

13 amended to read as follows:

14 ‘‘(c) at least one shall be the Director, or an appro15 priate regional director, of the National Marine Fisheries

16 Service; and’’.

17 (b) ADVISORY COMMITTEES.—Section 4 of the Tuna

18 Conventions Act of 1950 (16 U.S.C. 953) is amended to

19 read as follows:
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1 ‘‘SEC. 4. GENERAL ADVISORY COMMITTEE AND SCIENTIFIC

2 ADVISORY SUBCOMMITTEE.

3 ‘‘(a)(1) The Secretary, in consultation with the

4 United States Commissioners, shall appoint a committee

5 to be known as the ‘General Advisory Committee’. The

6 General Advisory Committee shall be composed of not less

7 than 5 and not more than 15 individuals and shall have

8 balanced representation from the various groups partici9 pating in the fisheries included under the conventions, and

10 from nongovernmental conservation organizations.

11 ‘‘(2) The General Advisory Committee shall be in12 vited to have representatives attend all nonexecutive meet13 ings of the United States sections and shall be given full

14 opportunity to examine and to be heard on all proposed

15 programs of investigations, reports, recommendations, and

16 regulations of the Commission. The General Advisory

17 Committee may attend any meeting of an international

18 commission on the invitation of that commission.

19 ‘‘(b)(1) The Secretary, in consultation with the

20 United States Commissioners, shall appoint a subcommit21 tee to be known as the ‘Scientific Advisory Subcommittee’.

22 The Scientific Advisory Subcommittee shall be composed

23 of not less than 5 and not more than 15 qualified individ24 uals with recognized scientific expertise, and shall have

25 balanced representation from the public and private sec26 tors, including nongovernmental conservation organiza-
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•HR 2856 IH

1 tions. The Scientific Advisory Subcommittee shall advise

2 the General Advisory Committee and the United States

3 Commissioners on matters relating to the conservation of

4 ecosystems, the sustainable uses of living marine resources

5 related to the tuna fishery in the eastern Pacific Ocean,

6 and the long-term conservation and management of stocks

7 of living marine resources in the eastern tropical Pacific

8 Ocean.

9 ‘‘(2)(A) In addition to carrying out the duties speci10 fied in paragraph (1), the Scientific Advisory Subcommit11 tee shall, upon request by the General Advisory Commit12 tee, the United States Commissioners, or the Secretary,

13 perform functions and provide assistance required by for14 mal agreements entered into by the United States for this

15 fishery, including the International Dolphin Conservation

16 Program.

17 ‘‘(B) The functions referred to in subparagraph (A)

18 may include but are not limited to—

19 ‘‘(i) reviewing data from the International Dol20 phin Conservation Program, including data received

21 from the Inter-American Tropical Tuna Commission;

22 ‘‘(ii) making recommendations concerning re23 search needs, including ecosystems, fishing practices,

24 and gear technology research (including the develop25 ment and use of selective, environmentally safe, and
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•HR 2856 IH

1 cost-effective fishing gear), and the coordination and

2 facilitation of such research;

3 ‘‘(iii) making recommendations concerning sci4 entific reviews and assessments required under the

5 International Dolphin Conservation Program, and

6 engaging, as appropriate, in such reviews and as7 sessments;

8 ‘‘(iv) consulting with other experts as needed;

9 and

10 ‘‘(v) recommending measures to ensure the reg11 ular and timely full exchange of data among the par12 ties to the International Dolphin Conservation Pro13 gram and the national scientific advisory committee

14 of each country that participates in the program (or

15 the equivalent entity of that country).

16 ‘‘(c) The Secretary, in consultation with the United

17 States Commissioners, shall establish procedures to pro18 vide for appropriate public participation and public meet19 ings and to provide for the confidentiality of confidential

20 business data. The Scientific Advisory Subcommittee shall

21 be invited to have representatives attend all nonexecutive

22 meetings of the United States sections and the General

23 Advisory Subcommittee and shall be given full opportunity

24 to examine and to be heard on all proposed programs of

25 scientific investigation, scientific reports, and scientific
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•HR 2856 IH

1 recommendations of the Commission. Representatives of

2 the Scientific Advisory Subcommittee may attend meet3 ings of the Inter-American Tropical Tuna Commission in

4 accordance with the rules of the Commission.

5 ‘‘(d)(1) The Secretary, in consultation with the

6 United States Commissioners, shall fix the terms of office

7 of the members of the General Advisory Committee and

8 the Scientific Advisory Subcommittee.

9 ‘‘(2) Each member of the General Advisory Commit10 tee and the Scientific Advisory Subcommittee who is not

11 an officer or employee of the Federal Government shall

12 serve without compensation.

13 ‘‘(3) The General Advisory Committee and the Sci14 entific Advisory Subcommittee shall be exempt from the

15 Federal Advisory Committee Act (5 U.S.C. App.).’’.

16 SEC. 7. EFFECTIVE DATE.

17 This Act and the amendments made by this Act shall

18 become effective upon—

19 (1) a certification by the Secretary of State to

20 the Congress that a binding resolution of the Inter21 American Tropical Tuna Commission, or other le22 gally binding instrument, establishing the Inter23 national Dolphin Conservation Program has been

24 adopted by each nation participating in the Inter-
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1 national Dolphin Conservation Program and is in ef2 fect; and

3 (2) the promulgation of final regulations under

4 section 302(a) of the Marine Mammal Protection

5 Act of 1972, as amended by this Act.

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