eastern tropical Pacific Ocean without a valid permit is-
sued under this section.
‘‘(b) PERMIT
SANCTIONS.—(1) In any case in
which—
‘‘(A) a vessel for which a permit has been is-
sued under this section has been used in the com-
mission of an act prohibited under section 305;
‘‘(B) the owner or operator of any such vessel
or any other person who has applied for or been is-
sued a permit under this section has acted in viola-
tion of section 305; or
‘‘(C) any civil penalty or criminal fine imposed
on a vessel, owner or operator of a vessel, or other
person who has applied for or been issued a permit
under this section has not been paid or is overdue,
the Secretary may—
‘‘(i) revoke any permit with respect to such
vessel, with or without prejudice to the issuance
of subsequent permits;
‘‘(ii) suspend such permit for a period of
time considered by the Secretary to be appro-
priate;
‘‘(iii) deny such permit; or
‘‘(iv) impose additional conditions or re-
strictions on any permit issued to, or applied
for by, any such vessel or person under this sec-
tion.
‘‘(2) In imposing a sanction under this subsection,
the Secretary shall take into account—
‘‘(A) the nature, circumstances, extent, and
gravity of the prohibited acts for which the sanction
is imposed; and
‘‘(B) with respect to the violator, the degree of
culpability, any history of prior offenses, and other
such matters as justice requires.
‘‘(3) Transfer of ownership of a vessel, by sale or oth-
erwise, 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 Sec-
retary shall reinstate the permit upon payment of the pen-
alty or fine and interest thereon at the prevailing rate.
‘‘(5) No sanctions shall be imposed under this section
unless there has been a prior opportunity for a hearing
on the facts underlying the violation for which the sanction
is imposed, either in conjunction with a civil penalty pro-
ceeding under this title or otherwise.’’.
(f) PROHIBITIONS.—Section 305 is repealed and sec-
tion 307 (16 U.S.C. 1417) is redesignated as section 305,
and amended as follows:
(1) In subsection (a):
(A) By amending paragraph (1) to read as
follows:
‘‘(1) for any person to sell, purchase, offer for
sale, transport, or ship, in the United States, any
tuna or tuna product unless the tuna or tuna prod-
uct is either dolphin safe or has been harvested in
compliance with the International Dolphin Conserva-
tion Program by a country that is a member of the
Inter-American Tropical Tuna Commission or has
initiated steps, in accordance with Article V, para-
graph 3 of the Convention establishing the Inter-
American Tropical Tuna Commission, to become a
member of that organization;’’.
(B) By amending paragraph (2) to read as
follows:
‘‘(2) except in accordance with this title and
regulations issued pursuant to this title as provided
for in subsection 101(e), for any person or vessel
subject to the jurisdiction of the United States in-
tentionally to set a purse seine net on or to encircle
any marine mammal in the course of tuna fishing
operations in the eastern tropical Pacific Ocean; or’’.
(C) By amending paragraph (3) to read as
follows:
‘‘(3) for any person to import any yellowfin
tuna or yellowfin tuna product or any other fish or
fish product in violation of a ban on importation im-
posed under section 101(a)(2);’’.
(2) In subsection (b)(2), by inserting ‘‘(a)(5)
and’’ before ‘‘(a)(6)’’.
(3) By striking subsection (d).
(g) REPEAL.—Section 306 is repealed and section
308 (16 U.S.C. 1418) is redesignated as section 306, and
amended by striking ‘‘303’’ and inserting in lieu thereof
‘‘302(d)’’.
(h) CLERICAL AMENDMENTS.—The table of contents
in the first section of the Marine Mammal Protection Act
of 1972 is amended by striking the items relating to title
III and inserting in lieu thereof the following:
‘‘TITLE III—INTERNATIONAL DOLPHIN CONSERVATION PROGRAM
‘‘Sec. 301. Findings and policy.
‘‘Sec. 302. Authority of the Secretary.
‘‘Sec. 303. Reports by the Secretary.
‘‘Sec. 304. Permits.
‘‘Sec. 305. Prohibitions.
‘‘Sec. 306. Authorization of appropriations.’’.
SEC. 6. AMENDMENTS TO THE TUNA CONVENTIONS ACT.
(a) MEMBERSHIP.—Section 3(c) of the Tuna Conven-
tions Act of 1950 (16 U.S.C. 952(c)) is amended to read
as follows:
‘‘(c) at least one shall be either the Director, or
an appropriate regional director, of the National Ma-
rine Fisheries Service; and’’.
(b) ADVISORY COMMITTEE AND SCIENTIFIC ADVI-
SORY SUBCOMMITTEE.—Section 4 of the Tuna Conven-
tions Act of 1950 (16 U.S.C. 953) is amended to read
as follows:
‘‘SEC. 4. GENERAL ADVISORY COMMITTEE AND SCIENTIFIC
ADVISORY SUBCOMMITTEE.
‘‘The Secretary, in consultation with the United
States Commissioners, shall:
‘‘(1) Appoint a General Advisory Committee
which shall be composed of not less than 5 nor more
than 15 persons with balanced representation from
the various groups participating in the fisheries in-
cluded under the conventions, and from nongovern-
mental conservation organizations. The General Ad-
visory Committee shall be invited to have representa-
tives 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 reg-
ulations of the commission. The General Advisory
Committee may attend all meetings of the inter-
national commissions to which they are invited by
such commissions.
‘‘(2) Appoint a Scientific Advisory Subcommit-
tee which shall be composed of not less than 5 nor
more than 15 qualified scientists with balanced rep-
resentation from the public and private sectors, in-
cluding nongovernmental conservation organizations.
The Scientific Advisory Subcommittee shall advise
the General Advisory Committee and the Commis-
sioners on matters including the conservation of
ecosystems; the sustainable uses of living marine re-
sources related to the tuna fishery in the eastern Pa-
cific Ocean; and the long-term conservation and
management of stocks of living marine resources in
the eastern tropical Pacific Ocean. In addition, the
Scientific Advisory Subcommittee shall, as requested
by the General Advisory Committee, the United
States Commissioners or the Secretary, perform
functions and provide assistance required by formal
agreements entered into by the United States for
this fishery, including the International Dolphin
Conservation Program. These functions may include
each of the following:
‘‘(A) The review of data from the Pro-
gram, including data received from the Inter-
American Tropical Tuna Commission.
‘‘(B) Recommendations on research needs,
including ecosystems, fishing practices, and
gear technology research, including the develop-
ment and use of selective, environmentally safe
and cost-effective fishing gear, and on the co-
ordination and facilitation of such research.
‘‘(C) Recommendations concerning sci-
entific reviews and assessments required under
the Program and engaging, as appropriate, in
such reviews and assessments.
‘‘(D) Consulting with other experts as
needed.
‘‘(E) Recommending measures to assure
the regular and timely full exchange of data
among the parties to the Program and each na-
tion’s National Scientific Advisory Committee
(or equivalent).
‘‘(3) Establish procedures to provide for appro-
priate public participation and public meetings and
to provide for the confidentiality of confidential busi-
ness 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, sci-
entific reports, and scientific recommendations of
the commission. Representatives of the Scientific
Advisory Subcommittee may attend meetings of the
Inter-American Tropical Tuna Commission in ac-
cordance with the rules of such Commission.
‘‘(4) Fix the terms of office of the members of
the General Advisory Committee and Scientific Advi-
sory Subcommittee, who shall receive no compensa-
tion for their services as such members.’’.
SEC. 7. EQUITABLE FINANCIAL CONTRIBUTIONS.
It is the sense of the Congress that each nation par-
ticipating in the International Dolphin Conservation Pro-
gram should contribute an equitable amount to the ex-
penses of the Inter-American Tropical Tuna Commission.
Such contributions shall take into account the number of
vessels from that nation fishing for tuna in the eastern
tropical Pacific Ocean, the consumption of tuna and tuna
products from the eastern tropical Pacific Ocean and other
relevant factors as determined by the Secretary.
SEC. 8. EFFECTIVE DATE.
This Act and the amendments made by this Act shall
take effect upon certification by the Secretary of State to
the Congress that a binding resolution of the Inter-Amer-
ican Tropical Tuna Commission, or another legally bind-
ing instrument, establishing the International Dolphin
Conservation Program has been adopted and is in effect.
Æ