II

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; REFERENCES.

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

5 ‘‘International Dolphin Protection and Consumer Infor6 mation Act of 1995’’.

7 (b) REFERENCES TO MARINE MAMMAL PROTECTION

8 ACT OF 1972.—Except as otherwise expressly provided,
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1 whenever in this Act an amendment or repeal is expressed

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

3 other provision, the reference shall be considered to be

4 made to a section or other provision of the Marine Mam5 mal Protection Act of 1972 (16 U.S.C. 1361 et seq.).

6 SEC. 2. FINDINGS AND PURPOSES.

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

8 (1) The nations that fish for tuna in the east9 ern tropical Pacific Ocean have reduced dolphin

10 mortalities associated with that fishery from hun11 dreds of thousands annually to fewer than 5,000 an12 nually.

13 (2) The provisions of the Marine Mammal Pro14 tection Act of 1972 that impose a ban on imports

15 from nations that fish for tuna in the eastern tropi16 cal Pacific Ocean have served as an incentive to re17 duce dolphin mortalities.

18 (3) Consumers of the United States and Eu19 rope have made clear their preference for tuna that

20 has not been caught through the killing, chasing, or

21 harming of dolphins.

22 (4) Tuna canners and processors of the United

23 States have led the canning and processing industry

24 in promoting a dolphin-safe tuna market.
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1 (5) The 12 signatory nations to the Declaration

2 of Panama, including the United States, agreed

3 under that Declaration to require that the total an4 nual dolphin mortality in the purse seine fishery for

5 yellowfin tuna in the eastern tropical Pacific Ocean

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

7 to progressively reduce dolphin mortality to a level

8 approaching zero through the setting of annual lim9 its.

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

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

12 the eastern tropical Pacific Ocean have achieved sig13 nificant reductions in dolphin mortality associated

14 with that fishery; and

15 (2) to eliminate the ban on imports of dolphin16 safe tuna from those nations.

17 SEC. 3. DEFINITIONS.

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

19 at the end the following new paragraphs:

20 ‘‘(28) The term ‘International Dolphin Con21 servation Program’ means the international program

22 established by the agreement signed in La Jolla,

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

24 and enhanced in accordance with the Declaration of

25 Panama, that requires—
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1 ‘‘(A)(i) that the total annual dolphin mor2 tality in the purse seine fishery for yellowfin

3 tuna in the eastern tropical Pacific Ocean be

4 limited to 5,000; and

5 ‘‘(ii) a commitment and objective to pro6 gressively reduce dolphin mortality to a level

7 approaching zero through the setting of annual

8 limits;

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

10 year mortality limit of dolphin at a level be11 tween 0.2 percent and 0.1 percent of the mini12 mum population estimate to be in effect

13 through 2001;

14 ‘‘(C) beginning with the calendar year

15 2001, the establishment of a per stock per year

16 mortality limit of dolphin at a level less than or

17 equal to 0.1 percent of the minimum population

18 estimate;

19 ‘‘(D) that if a mortality limit is exceeded

20 under—

21 ‘‘(i) subparagraph (A), all sets on dol22 phins shall cease for the applicable fishing

23 year; and

24 ‘‘(ii) subparagraph (B) or (C), all sets

25 on the stocks covered under subparagraph
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1 (B) or (C) and any mixed schools that con2 tain any of those stocks shall cease for the

3 applicable fishing year;

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

5 be conducted in 1998 to—

6 ‘‘(i) assess progress in meeting the ob7 jectives set for 2,000 under subparagraph

8 (B); and

9 ‘‘(ii) as appropriate, consider rec10 ommendations for meeting these objectives;

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

12 be conducted—

13 ‘‘(i) to review the stocks covered

14 under subparagraph (C); and

15 ‘‘(ii) as appropriate, consider rec16 ommendations to further the objectives set

17 under that subparagraph;

18 ‘‘(G) the establishment of a per vessel

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

21 caps, as determined under subparagraphs (A)

22 through (C); and

23 ‘‘(H) the provision of a system of incen24 tives to vessel captains to continue to reduce
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1 dolphin mortality, with the goal of eliminating

2 dolphin mortality.

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

4 the declaration signed in Panama City, Republic of

5 Panama, on October 4, 1995.’’.

6 SEC. 4. AMENDMENTS TO TITLE I.

7 (a) Section 101(a)(2) (16 U.S.C. 1371(a)(2)) is

8 amended—

9 (1) in the first sentence, by inserting ‘‘, and au10 thorizations may be granted under title III with re11 spect to yellowfin tuna fishery of the eastern tropical

12 Pacific Ocean, subject to regulations prescribed

13 under that title by the Secretary without regard to

14 section 103’’ before the period; and

15 (2) in the second sentence, by striking the semi16 colon and all that follows through ‘‘practicable’’.

17 (b) Section 101(a)(2)(B) (16 U.S.C. 1371(a)(2)(B))

18 is amended to read as follows:

19 ‘‘(B) in the case of yellowfin tuna har20 vested with purse seine nets in the eastern trop21 ical Pacific Ocean, and products therefrom, to

22 be exported to the United States, shall require

23 that the government of the exporting nation

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

2 were not banned from importation under

3 this paragraph before the effective date of

4 the International Dolphin Protection and

5 Consumer Information Act of 1995; or

6 ‘‘(ii) the tuna or products therefrom

7 were harvested after the effective date of

8 the International Dolphin Protection and

9 Consumer Information Act of 1995 by ves10 sels of a nation that—

11 ‘‘(I) is a member of the Inter12 American Tropical Tuna Commission;

13 and

14 ‘‘(II) is participating in the

15 International Dolphin Conservation

16 Program; and

17 ‘‘(III) has implemented the obli18 gations of that member as a member

19 of the Inter-American Tropical Tuna

20 Commission; and

21 ‘‘(iii) the total dolphin mortality per22 mitted under the International Dolphin

23 Conservation Program will not exceed

24 5,000 in 1996, or in any year thereafter

25 and the total dolphin mortality limit for
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1 each vessel in each successive year shall be

2 reduced by a statistically significant

3 amount until the goal of zero mortality is

4 reached, except that the per stock per year

5 mortality limits for stocks designated as

6 depleted under this Act shall not exceed

7 the actual 1994 mortality level;

8 except that the Secretary shall not accept such

9 documentary evidence as satisfactory proof for

10 purposes of clauses (i) through (iii) if the gov11 ernment of the harvesting nation does not au12 thorize the Inter-American Tropical Tuna Com13 mission to release sufficient information to the

14 Secretary to allow a determination of compli15 ance with the International Dolphin Conserva16 tion Program, or if after taking into consider17 ation that information, findings of the Inter18 American Tropical Tuna Commission, and any

19 other relevant information, including informa20 tion that a nation is consistently failing to take

21 enforcement actions on violations currently

22 specified in the agreement signed in La Jolla,

23 California, in June 1992 and adopted by the

24 International Dolphin Conservation Program,

25 the Secretary, in consultation with the Sec-
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1 retary of State, shall find that the violations di2 minish the effectiveness of the International

3 Dolphin Conservation Program and that the

4 harvesting nation is not in compliance with the

5 International Dolphin Conservation Program;’’.

6 (c) Section 101 (16 U.S.C. 1371) is amended by add7 ing at the end the following new subsection:

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

9 citizen of the United States when such citizen incidentally

10 takes any marine mammal during fishing operations out11 side the United States exclusive economic zone, as that

12 term is defined in section 3(6) of the Magnuson Fishery

13 Conservation and Management Act (16 U.S.C. 1802(6))

14 when employed on a foreign fishing vessel of a harvesting

15 nation that is in compliance with the International Dol16 phin Conservation Program.’’.

17 (d) Section 104(h) is amended to read as follows:

18 ‘‘(h)(1) Consistent with the regulations prescribed

19 pursuant to section 103 and consistent with the require20 ments of section 101, the Secretary may issue an annual

21 permit to a United States vessel for the taking of such

22 marine mammals, together with regulations to cover the

23 use of any such annual permits.

24 ‘‘(2) Such annual permits for the incidental taking

25 of marine mammals in the course of commercial purse
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1 seine fishing for yellowfin tuna in the eastern tropical Pa2 cific Ocean shall be governed by section 304, subject to

3 the regulations issued pursuant to section 302.’’.

4 (e) Section 110(a) (16 U.S.C. 1380(a)) is amended—

5 (1) by striking ‘‘(a)(1) The Secretary’’ and in6 serting ‘‘(a) The Secretary’’; and

7 (2) by striking paragraph (2).

8 (f) Section 901(d)(1) of the Dolphin Protection

9 Consumer Information Act (16 U.S.C. 1385(d)(1)) is

10 amended to read as follows:

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

12 Trade Commission Act (15 U.S.C. 45) for any pro13 ducer, importer, exporter, distributor, or seller of

14 any tuna product that is exported from or offered

15 for sale in the United States to include on the label

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

17 term or symbol that falsely claims or suggests that

18 the tuna contained in the product was harvested

19 using a method of fishing that is not harmful to dol20 phins if the product contains—

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

22 vessel engaged in driftnet fishing;

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

24 Pacific Ocean by a vessel using purse seine nets
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1 which do not meet the requirements of being

2 considered dolphin safe under paragraph (2); or

3 ‘‘(C) tuna harvested outside the eastern

4 tropical Pacific Ocean by a vessel using purse

5 seine nets which do not meet the requirements

6 for being considered dolphin safe under para7 graph (3).’’.

8 (g) Section 901(d) of the Dolphin Protection

9 Consumer Information Act (16 U.S.C. 1385(d)) is amend10 ed by adding at the end the following new paragraphs:

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

12 a tuna product that contains tuna harvested outside

13 the eastern tropical Pacific Ocean by a fishing vessel

14 using purse seine nets is dolphin safe if—

15 ‘‘(A) it is accompanied by a written state16 ment executed by the captain of the vessel cer17 tifying that no purse seine net was intentionally

18 deployed on or to encircle dolphins during the

19 particular voyage on which the tuna was har20 vested; or

21 ‘‘(B) in any fishery in which the Secretary

22 has determined that a regular and significant

23 association occurs between marine mammals

24 and tuna, it is accompanied by a written state25 ment executed by the captain of the vessel and
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1 an observer, certifying that no purse seine net

2 was intentionally deployed on or to encircle ma3 rine mammals during the particular voyage on

4 which the tuna was harvested.

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

6 reference to dolphins, porpoises, or marine mam7 mals, except as dolphin safe in accordance with this

8 subsection.’’.

9 (h) Section 901(f) of the Dolphin Protection

10 Consumer Information Act (16 U.S.C. 1385(f)) is amend11 ed to read as follows:

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

13 of the Treasury, shall issue regulations to implement this

14 section, not later than 3 months after the effective date

15 of the International Dolphin Protection and Consumer In16 formation Act of 1995.’’.

17 SEC. 5. AMENDMENTS TO TITLE III.

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

19 follows:

20 ‘‘TITLE III—INTERNATIONAL

21 DOLPHIN CONSERVATION

22 PROGRAM’’.

23 (b) Section 301 (16 U.S.C. 1411) is amended—

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

25 and inserting the following:
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1 ‘‘(4) Nations harvesting yellowfin tuna in the

2 eastern tropical Pacific Ocean have demonstrated

3 their willingness to participate in appropriate multi4 lateral agreements to reduce, and eventually elimi5 nate, dolphin mortality in that fishery. Recognition

6 of the International Dolphin Conservation Program

7 will ensure that the existing trend of reduced dol8 phin mortality continues, that individual stocks of

9 dolphins are adequately protected, and that the goal

10 of eliminating all dolphin mortality continues to be

11 a priority.’’; and

12 (2) in subsection (b), by striking paragraphs

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

14 ‘‘(2) support the International Dolphin Con15 servation Program and efforts within the Program

16 to reduce, and eventually eliminate, the mortality re17 ferred to in paragraph (1);

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

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

20 tuna caught with driftnets, or caught by deploying

21 purse seine nets on or to encircle dolphins, in the

22 eastern tropical Pacific Ocean not operating in com23 pliance with the International Dolphin Conservation

24 Program;’’.
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1 (c) Section 302 (16 U.S.C. 1412) is amended to read

2 as follows:

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

4 ‘‘(a) REGULATIONS.—(1) The Secretary shall issue

5 regulations to implement the International Dolphin Con6 servation Program.

7 ‘‘(2)(A) Not later than 3 months after the effective

8 date of the International Dolphin Protection and

9 Consumer Information Act of 1995, consistent with sec10 tion 101, the Secretary shall issue regulations to authorize

11 and govern the incidental taking of marine mammals in

12 the eastern tropical Pacific Ocean by vessels of the United

13 States participating in the International Dolphin Con14 servation Program.

15 ‘‘(B) The regulations issued under this section shall

16 include provisions—

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

18 ‘‘(ii) requiring the use of the backdown proce19 dure or other procedures that are equally or more

20 effective in avoiding mortality of marine mammals in

21 fishing operations;

22 ‘‘(iii) prohibiting intentional set on stocks and

23 schools in accordance with the International Dolphin

24 Conservation Program;
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1 ‘‘(iv) requiring the use of special equipment, in2 cluding dolphin safety panels in nets, operable rafts,

3 speedboats with towing bridles, floodlights in oper4 able condition, and diving masks and snorkels;

5 ‘‘(v) ensuring that the backdown procedure dur6 ing sets of purse seine net on marine mammals is

7 completed and rolling of the net to sack up has

8 begun no later than 30 minutes after sundown;

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

10 purse seine operations;

11 ‘‘(vii) establishing per vessel maximum annual

12 dolphin mortality limits, total dolphin mortality lim13 its and per stock per year mortality limits subject to

14 section 101 in accordance with the International

15 Dolphin Conservation Program;

16 ‘‘(viii) preventing the making of intentional sets

17 on dolphins after reaching either the vessel maxi18 mum annual dolphin mortality limits, total dolphin

19 mortality limits, or per stock per year mortality

20 limit;

21 ‘‘(ix) preventing the encirclement with purse

22 seine nets on dolphins by a vessel without an as23 signed vessel dolphin mortality limit;

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

25 of experimental fishing operations, under such terms
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1 and conditions as the Secretary may prescribe, for

2 the purpose of testing proposed improvements in

3 fishing techniques and equipment that may reduce

4 or eliminate dolphin mortality or that do not require

5 the encirclement of dolphins in the course of com6 mercial yellowfin tuna fishing; and

7 ‘‘(xi) containing such other restrictions and re8 quirements as the Secretary determines are nec9 essary to implement the International Dolphin Con10 servation Program with respect to the vessels of the

11 United States;

12 except that the Secretary may make such adjustments as

13 may be appropriate to provisions that pertain to fishing

14 gear and fishing practice requirements in order to carry

15 out the International Dolphin Conservation Program.

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

17 under this section, the Secretary shall consult with the

18 Secretary of State, the Marine Mammal Commission, and

19 the United States Commissioners to the Inter-American

20 Tropical Tuna Commission appointed under section 3 of

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

22 ‘‘(c) EMERGENCY REGULATIONS.—(1) If the Sec23 retary determines, on the basis of the best scientific infor24 mation available (including scientific information obtained

25 under the International Dolphin Conservation Program)
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1 that the incidental mortality and serious injury of marine

2 mammals authorized under this title is having, or is likely

3 to have, a significant adverse effect on a marine mammal

4 stock or species, the Secretary shall take the following ac5 tions:

6 ‘‘(A) Notify the Inter-American Tropical Tuna

7 Commission of the findings of the Secretary, and in8 clude in that notification recommendations to the

9 Commission concerning actions necessary to reduce

10 incidental mortality and serious injury and mitigate

11 such adverse impact.

12 ‘‘(B) Prescribe emergency regulations to reduce

13 incidental mortality and serious injury and mitigate

14 such adverse impact.

15 ‘‘(2) Prior to taking action under subparagraph (A)

16 or (B) of paragraph (1), the Secretary shall consult with

17 the Secretary of State, the Marine Mammal Commission,

18 and the United States Commissioners to the Inter-Amer19 ican Tropical Tuna Commission appointed under section

20 3 of the Tuna Conventions Act of 1950 (16 U.S.C. 952).

21 ‘‘(3) Emergency regulations prescribed under this

22 subsection—

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

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

2 the applicable fishing year; and

3 ‘‘(C) may be terminated by the Secretary at an

4 earlier date by publication in the Federal Register of

5 a notice of termination, if the Secretary determines

6 that the reasons for the emergency action no longer

7 exist.

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

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

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

14 ‘‘(d) RESEARCH.—(1) The Secretary may, in co15 operation with the nations participating in the Inter16 national Dolphin Conservation Program and with the

17 Inter-American Tropical Tuna Commission, undertake or

18 support appropriate scientific research to further the goals

19 of the International Dolphin Conservation Program, in20 cluding—

21 ‘‘(A) devising cost-effective fishing methods and

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

23 the incidental mortality and serious injury of marine

24 mammals in connection with commercial purse seine

25 fishing in the eastern tropical Pacific Ocean;
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1 ‘‘(B) developing cost-effective methods of fish2 ing for mature yellowfin tuna without setting nets

3 on dolphins or other marine mammals; and

4 ‘‘(C) carrying out a scientific research program

5 (as described in section 117) for those marine mam6 mal species and stocks taken in the purse seine fish7 ery for yellowfin tuna in the eastern tropical Pacific

8 Ocean, including species or stocks that are not with9 in waters under the jurisdiction of the United

10 States.

11 ‘‘(2) The Secretary, acting through the National Ma12 rine Fisheries Service, shall undertake a research program

13 to—

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

15 chase and encirclement on the health and biology of

16 dolphins and the impact of that harassment on dol17 phin populations encircled by purse seine nets in the

18 course of fishing for yellowfin tuna in the eastern

19 tropical Pacific Ocean; and

20 ‘‘(B) the extent to which the incidental take of

21 nontarget species, including juvenile tuna, occurs

22 when fishing for yellowfin tuna using dolphin-safe

23 methods including fish aggregation devices, the im24 pact of that incidental take on tuna stocks, and

25 where such methods are occurring in international
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1 waters, the exclusive economic zone of any nation, or

2 coastal waters.

3 ‘‘(3)(A) Not later than 3 years after the date of en4 actment of the International Dolphin Protection and

5 Consumer Information Act of 1995, the Secretary shall

6 submit a report to the Congress on the results of the re7 search program conducted under paragraph (2).

8 ‘‘(B) The Secretary shall include in the report sub9 mitted to the Congress under this paragraph any rec10 ommendations made on the basis of the results of the re11 search program conducted under paragraph (2) that the

12 Secretary considers to be appropriate concerning—

13 ‘‘(i) legislation to address issues that the Sec14 retary determines to be relevant to the results of the

15 research program; and

16 ‘‘(ii) changes to the International Dolphin Con17 servation Program.

18 ‘‘(4) There are authorized to be appropriated to the

19 Department of Commerce $1,000,000 to be used by the

20 Secretary, acting through the National Marine Fisheries

21 Service, to carry out paragraph (2).’’.

22 (d) Title III (16 U.S.C. 1411) et seq. is amended—

23 (1) by striking sections 303 and 304;

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

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

3 annually submit to the Congress a report that includes—

4 ‘‘(1) results of research conducted pursuant to

5 section 320;

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 bycatch of juvenile

10 yellowfin tuna and bycatch of 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.—(1) In a manner consistent with

5 the regulations issued pursuant to section 302, the Sec6 retary shall issue a permit to a vessel of the United States

7 authorizing participation in the International Dolphin

8 Conservation Program and the Secretary may require a

9 permit for the person actually in charge of and controlling

10 the fishing operation of the vessel. The Secretary shall

11 prescribe such procedures as are necessary to carry out

12 this subsection, including requiring the submission of—

13 ‘‘(A) the name and official number or other

14 identification of each fishing vessel for which a per15 mit is sought together with the name and address of

16 the owner thereof; and

17 ‘‘(B) the tonnage, hold capacity, speed, process18 ing equipment, and type and quantity of gear, in19 cluding an inventory of special equipment required

20 under section 302, with respect to each fishing ves21 sel.

22 ‘‘(2) The Secretary may charge a fee for granting an

23 authorization and issuing a permit under this section. The

24 level of fees charged under this paragraph may not exceed

25 the administrative cost incurred in granting an authoriza-
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1 tion and issuing a permit. Fees collected under this para2 graph shall be available to the Under Secretary of Com3 merce for Oceans and Atmosphere for expenses incurred

4 in granting authorizations and issuing permits under this

5 section.

6 ‘‘(3) After the effective date of the International Dol7 phin Protection and Consumer Information Act of 1995,

8 no vessel of the United States shall encircle dolphins with

9 purse seine nets in the course of fishing for yellowfin tuna

10 fishery in the eastern tropical Pacific Ocean without a

11 valid permit issued under this section.

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

13 which—

14 ‘‘(A) a vessel for which a permit has been is15 sued under this section has been used in the com16 mission in an act prohibited under section 305;

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

18 or any other person who has applied for or been is19 sued a permit under this section has acted in viola20 tion of section 305; or

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

22 on a vessel, owner or operator of a vessel as provided

23 for under the International Dolphin Conservation

24 Program, or other person who has applied for or
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1 been issued a permit under this section has not been

2 paid or is overdue, the Secretary may—

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

4 vessel, with or without prejudice to the issuance

5 of subsequent permits;

6 ‘‘(ii) suspend a permit referred to in clause

7 (i) for a period of time the Secretary considers

8 to be appropriate;

9 ‘‘(iii) deny a permit referred to in clause

10 (i); or

11 ‘‘(iv) impose additional conditions or re12 strictions on any permit issued to, or applied

13 for by, any such vessel or person under this sec14 tion.

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

16 the Secretary shall take into account—

17 ‘‘(A) the nature, circumstances, extent, and

18 gravity of the prohibited acts for which the sanction

19 is imposed; and

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

21 culpability, and history of prior offenses, and other

22 such matters as justice requires.

23 ‘‘(3) Transfer of ownership of a vessel, by sale or oth24 erwise, shall not extinguish any permit sanction that is

25 in effect or is pending at the time of transfer of ownership.
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1 Before executing the transfer of ownership of a vessel, by

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

3 the prospective transferee the existence of any permit

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

5 the vessel at the time of transfer.

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

7 the failure to pay a civil penalty or criminal fine, the Sec8 retary shall reinstate the permit upon payment of the pen9 alty or fine and any accrued interest on that penalty or

10 fine at the prevailing rate (as determined by the Sec11 retary).

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

13 unless there has been a prior opportunity for a hearing

14 on the facts underlying the violation for which the sanction

15 is imposed, either in conjunction with a civil penalty pro16 ceeding under this title or otherwise.’’;

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

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

19 (A) in subsection (a)—

20 (i) by striking paragraph (1) and in21 serting the following:

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

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

24 tuna or tuna product unless the tuna or tuna prod25 uct is dolphin-safe (as defined in section 901(d) of
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1 the Dolphin Protection Consumer Information Act

2 (16 U.S.C. 1385(d))) and has been harvested in

3 compliance with the International Dolphin Conserva4 tion Program by a nation that is a member of the

5 Inter-American Tropical Tuna Commission;’’;

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

7 and inserting the following:

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

9 for any person or vessel subject to the jurisdiction

10 of the United States to set intentionally a purse

11 seine net on or to encircle any marine mammal in

12 the course of tuna fishing operations in the eastern

13 tropical Pacific Ocean, except in accordance with

14 this title and regulations issued pursuant to this

15 title;’’; and

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

17 tuna or yellowfin tuna product or any other fish or

18 fish product in violation of a ban on importation im19 posed under section 101;’’; and

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

21 ‘‘(a)(5) or’’ before ‘‘(a)(6)’’;

22 (7) by redesignating section 308 as section 306;

23 and

24 (8) in section 306, as so redesignated, by strik25 ing ‘‘section 303’’ and inserting ‘‘section 302(d)’’.
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1 (e) CLERICAL AMENDMENT.—The table of contents

2 in the first section of the Marine Mammal Protection Act

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

4 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.’’.

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

6 1950.

7 (a) Section 3(c) of the Tuna Conventions Act of 1950

8 (16 U.S.C. 952(c)) is amended to read as follows:

9 ‘‘(c) at least one shall be the Director, or an appro10 priate regional director, of the National Marine Fisheries

11 Service; and’’.

12 (b) Section 4 of the Tuna Conventions Act of 1950

13 (16 U.S.C. 953) is amended to read as follows:

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

15 ADVISORY SUBCOMMITTEE.

16 ‘‘(1)(A) The Secretary, in consultation with the

17 United States Commissioners, shall appoint a committee

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

19 General Advisory Committee shall be composed of not less

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

21 balanced representation from the various groups partici-
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1 pating in the fisheries included under the conventions, and

2 from nongovernmental conservation organizations.

3 ‘‘(B) The General Advisory Committee shall be in4 vited to have representatives attend all nonexecutive meet5 ings of the United States sections and shall be given full

6 opportunity to examine and to be heard on all proposed

7 programs of investigations, reports, recommendations, and

8 regulations of the Commission. The General Advisory

9 Committee may attend any meeting of an international

10 commission on the invitation of that commission.

11 ‘‘(2)(A) The Secretary, in consultation with the

12 United States Commissioners, shall appoint a subcommit13 tee to be known as the ‘Scientific Advisory Subcommittee’.

14 The Scientific Advisory Subcommittee shall be composed

15 of not less than 5 and not more than 15 qualified sci16 entists and shall have balanced representation from the

17 public and private sectors, including nongovernmental con18 servation organizations. The Scientific Advisory Sub19 committee shall advise the General Advisory Committee

20 and the Commissioners on matters relating to the con21 servation of ecosystems, the sustainable uses of living ma22 rine resources related to the tuna fishery in the eastern

23 Pacific Ocean, and the long-term conservation and man24 agement of stocks of living marine resources in the eastern

25 tropical Pacific Ocean.
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1 ‘‘(B) In addition to carrying out the duties specified,

2 the Scientific Advisory Subcommittee shall, as requested

3 by the General Advisory Committee, the United States

4 Commissioners or the Secretary, perform functions and

5 provide assistance required by formal agreements entered

6 into by the United States for this fishery, including the

7 International Dolphin Conservation Program. The func8 tions referred to in the preceding sentence may include—

9 ‘‘(i) the review of data from the International

10 Dolphin Conservation Program, including data re11 ceived from the Inter-American Tropical Tuna Com12 mission;

13 ‘‘(ii) recommendations concerning research

14 needs, including ecosystems, fishing practices, and

15 gear technology research (including the development

16 and use of selective, environmentally safe and cost17 effective fishing gear), and the coordination and fa18 cilitation of such research;

19 ‘‘(iii) recommendations concerning scientific re20 views and assessments required under the Inter21 national Dolphin Conservation Program, and engag22 ing, as appropriate, in such reviews and assess23 ments;

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

25 and
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1 ‘‘(v) recommending measures to ensure the reg2 ular and timely full exchange of data among the par3 ties to the International Dolphin Conservation Pro4 gram and the national scientific advisory committee

5 of each country that participates in the program (or

6 its equivalent entity of that country).

7 ‘‘(3) The Secretary, in consultation with the United

8 States Commissioners, shall establish procedures to pro9 vide for appropriate public participation and public meet10 ings and to provide for the confidentiality of confidential

11 business data. The Scientific Advisory Subcommittee shall

12 be invited to have representatives attend all nonexecutive

13 meetings of the United States sections and the General

14 Advisory Subcommittee and shall be given full opportunity

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

16 scientific investigation, scientific reports, and scientific

17 recommendations of the Commission. Representatives of

18 the Scientific Advisory Subcommittee may attend meet19 ings of the Inter-American Tropical Tuna Commission in

20 accordance with the rules of such Commission.

21 ‘‘(4)(A) The Secretary, in consultation with the

22 United States Commissioners, shall fix the terms of office

23 of the members of the General Advisory Committee and

24 the Scientific Advisory Subcommittee.
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1 ‘‘(B) Each member of the General Advisory Commit2 tee and the Scientific Advisory Subcommittee who is not

3 an officer or employee of the Federal Government shall

4 serve without compensation.

5 ‘‘(C) The General Advisory Committee and the Sci6 entific Advisory Subcommittee shall be exempt from the

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

8 SEC. 7. EFFECTIVE DATE.

9 This Act and the amendments made by this Act shall

10 become effective upon—

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

12 the Congress that a binding resolution of the Inter13 American Tropical Tuna Commission, or other le14 gally binding instrument, establishing the Inter15 national Dolphin Conservation Program has been

16 adopted by each nation participating in the Inter17 national Dolphin Conservation Program and is in ef18 fect; and

19 (2) the promulgation of final regulations under

20 section 302(a).

Æ

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