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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1460 Introduced in Senate (IS)]

104th CONGRESS
  1st Session
                                S. 1460

   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 SENATE OF THE UNITED STATES

                            December 7, 1995

 Mrs. Boxer (for herself and Mr. Biden) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 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 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 of dolphin at a level between 0.2 
                percent and 0.1 percent of the minimum population 
                estimate to be in effect through 2001;
                    ``(C) beginning with the calendar year 2001, the 
                establishment of a per stock per year mortality limit 
                of dolphin 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 sets on 
                        dolphins shall cease for the applicable fishing 
                        year; and
                            ``(ii) subparagraph (B) or (C), all sets on 
                        the stocks covered under subparagraph (B) or 
                        (C) and any mixed schools that contain any of 
                        those stocks shall cease for the applicable 
                        fishing year;
                    ``(E) a scientific review and assessment to be 
                conducted in 1998 to--
                            ``(i) assess progress in meeting the 
                        objectives set for 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, 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 caps, as determined under 
                subparagraphs (A) through (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 TO TITLE I.

    (a) Section 101(a)(2) (16 U.S.C. 1371(a)(2)) is amended--
            (1) in the first sentence, by inserting ``, and 
        authorizations may be granted under title III with respect to 
        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) in the second sentence, by striking the semicolon 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 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; and
                                    ``(II) is participating in the 
                                International Dolphin Conservation 
                                Program; and
                                    ``(III) has implemented the 
                                obligations of that member 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 currently 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, shall find 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) 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, 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) Section 104(h) is amended to read as follows:
    ``(h)(1) Consistent with the regulations prescribed pursuant to 
section 103 and consistent with the requirements of section 101, 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(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) 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 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) 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 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 marine mammals, except as dolphin safe 
        in accordance with this subsection.''.
    (h) 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) 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 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 caught with 
        driftnets, or caught by deploying purse seine nets on or to 
        encircle dolphins, 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 3 months after the effective date of the 
International Dolphin Protection and Consumer Information Act of 1995, 
consistent with section 101, the Secretary shall issue regulations to 
authorize and govern the incidental taking of marine mammals in the 
eastern tropical Pacific Ocean by vessels of the United States 
participating in the International Dolphin Conservation Program.
    ``(B) The regulations issued under this section 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 set on stocks and schools 
        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 sets of 
        purse seine net on 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 operations;
            ``(vii) establishing per vessel maximum annual dolphin 
        mortality limits, total dolphin mortality limits and per stock 
        per year mortality limits subject to section 101 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 limit;
            ``(ix) preventing the encirclement with purse seine nets 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 
        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;
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 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) 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) 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) 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.--(1) 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 commercial purse seine fishing in the eastern tropical 
        Pacific Ocean;
            ``(B) developing cost-effective methods of fishing for 
        mature yellowfin tuna without setting nets on 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) 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 and the 
        impact of that harassment on dolphin populations encircled by 
        purse seine nets in the course of fishing for yellowfin tuna in 
        the eastern tropical Pacific Ocean; and
            ``(B) the extent to which the incidental take of nontarget 
        species, including juvenile tuna, occurs when fishing for 
        yellowfin tuna using dolphin-safe methods including fish 
        aggregation devices, the impact of that incidental take on tuna 
        stocks, and where such methods are occurring in international 
        waters, the exclusive economic zone of any nation, or coastal 
        waters.
    ``(3)(A) 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) The Secretary shall include in the report submitted to the 
Congress 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) There are authorized to be appropriated to the Department of 
Commerce $1,000,000 to be used by the Secretary, acting through the 
National Marine Fisheries Service, to carry out paragraph (2).''.
    (d) 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.

    ``Notwithstanding section 103(f), the Secretary shall annually 
submit to the Congress a report that includes--
            ``(1) results of research conducted pursuant to section 
        320;
            ``(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 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) In a manner 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 the Secretary 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 
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 fishing vessel.
    ``(2) The Secretary may 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 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 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, the Secretary may--
                    ``(i) revoke any permit with respect to such 
                vessel, with or without prejudice to the issuance of 
                subsequent permits;
                    ``(ii) suspend a permit referred to in clause (i) 
                for a period of time the Secretary considers to be 
                appropriate;
                    ``(iii) deny a permit referred to in clause (i); 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, and 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 any accrued interest 
on that penalty or fine at the prevailing rate (as determined by the 
Secretary).
    ``(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.'';
            (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 (as 
        defined in 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;'';
                            (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 set intentionally 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 pursuant to this title;''; 
        and
            ``(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) 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) 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.

    ``(1)(A) 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.
    ``(B) 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.
    ``(2)(A) 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 scientists 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 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.
    ``(B) In addition to carrying out the duties specified, 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. The functions referred to 
in the preceding sentence may include--
            ``(i) the review of data from the International Dolphin 
        Conservation Program, including data received from the Inter-
        American Tropical Tuna Commission;
            ``(ii) 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) 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 its equivalent entity of that country).
    ``(3) 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 such Commission.
    ``(4)(A) 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.
    ``(B) 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.
    ``(C) 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).
                                 <all>
S 1460 IS----2
S 1460 IS----3
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