section, not later than 3 months after the effective date
of the International Dolphin Protection and Consumer In-
formation Act of 1995.’’.
SEC. 5. AMENDMENTS TO TITLE III.
(a) CLERICAL AMENDMENT.—The heading for title
III is amended to read as follows:
‘‘TITLE 
III—INTERNATIONAL
DOLPHIN 
CONSERVATION
PROGRAM’’.
(b) INTERNATIONAL PROGRAM.—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 multi-
lateral agreements to reduce, and eventually elimi-
nate, dolphin mortality in that fishery. Recognition
of the International Dolphin Conservation Program
will ensure that the existing trend of reduced dol-
phin 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 Con-
servation Program and efforts within the Program
to reduce, and eventually eliminate, the mortality re-
ferred to in paragraph (1);
‘‘(3) ensure that the market of the United
States does not act as an incentive to the harvest of
tuna with driftnets, or by deploying purse seine nets
on or to encircle dolphins, in the eastern tropical Pa-
cific Ocean other than in compliance with the Inter-
national Dolphin Conservation Program;’’.
(c) SECRETARY’S AUTHORITY.—Section 302 (16
U.S.C. 1412) is amended to read as follows:
‘‘SEC. 302. AUTHORITY OF THE SECRETARY.
‘‘(a) REGULATIONS.—
‘‘(1) GENERAL REQUIREMENT.—The Secretary
shall issue regulations to implement the Inter-
national Dolphin Conservation Program.
‘‘(2) INCIDENTAL TAKINGS IN ETP.—
‘‘(A) ISSUANCE
OF
REGULATIONS.—Not
later than 3 months after the effective date of
the 
International 
Dolphin 
Protection 
and
Consumer Information Act of 1995, and con-
sistent with section 101, the Secretary shall
issue regulations that authorize and govern the
incidental taking of marine mammals in the
eastern tropical Pacific Ocean by vessels of the
United States in accordance with the Inter-
national Dolphin Conservation Program.
‘‘(B) CONTENTS.—Subject to subpara-
graph (C) the regulations issued under this
paragraph shall include provisions—
‘‘(i) requiring observers on each ves-
sel;
‘‘(ii) requiring the use of the back-
down procedure or other procedures that
are equally or more effective in avoiding
mortality of marine mammals in fishing
operations;
‘‘(iii) prohibiting intentional setting of
nets on or to encircle stocks and schools of
marine mammals except in accordance
with the International Dolphin Conserva-
tion Program;
‘‘(iv) requiring the use of special
equipment, including dolphin safety panels
in nets, operable rafts, speedboats with
towing bridles, floodlights in operable con-
dition, and diving masks and snorkels;
‘‘(v) ensuring that the backdown pro-
cedure during any setting of a purse seine
net on or to encircle 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 de-
vices in all purse seine net operations;
‘‘(vii) establishing per vessel maxi-
mum annual dolphin mortality limit, total
dolphin mortality limits, and per stock per
year mortality limits, subject to section
101 and in accordance with the Inter-
national Dolphin Conservation Program;
‘‘(viii) preventing the making of inten-
tional setting of purse seine nets on or to
encircle dolphins after reaching either any
vessel maximum annual dolphin mortality
limits, total dolphin mortality limit, or per
stock per year mortality limit;
‘‘(ix) preventing intentional setting of
purse seine nets on or to encircle dolphins
by a vessel that does not have an assigned
dolphin mortality limit;
‘‘(x) allowing for the authorization
and conduct of experimental fishing oper-
ations, under such terms and conditions as
the Secretary may prescribe, for the pur-
pose of testing proposed improvements in
fishing techniques and equipment that may
reduce or eliminate dolphin mortality or
that do not require the encirclement of dol-
phins in the course of commercial yellowfin
tuna fishing; and
‘‘(xi) containing such other restric-
tions and requirements as the Secretary
determines are necessary to implement the
International Dolphin Conservation Pro-
gram with respect to the vessels of the
United States;
‘‘(C) ADJUSTMENTS TO REQUIREMENTS.—
The Secretary may make such adjustments as
may be appropriate to requirements under sub-
paragraph (B) that pertain to fishing gear and
fishing practices in order to carry out the Inter-
national 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) IN
GENERAL.—If the Secretary deter-
mines, on the basis of the best scientific information
available (including scientific information obtained
under the International Dolphin Conservation Pro-
gram) that the incidental mortality and serious in-
jury 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 Sec-
retary, and include in that notification rec-
ommendations 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) CONSULTATIONS.—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) CONTENTS OF REGULATIONS.—Emergency
regulations prescribed under this subsection—
‘‘(A) shall be published in the Federal
Register, together with an explanation thereof;
‘‘(B) subject to subparagraph (C) shall re-
main 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 Sec-
retary determines that the reasons for the
emergency action no longer exist.
‘‘(4) EXTENSION
OF
REGULATIONS.—If the
Secretary finds that the incidental mortality and se-
rious 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 emer-
gency regulations for such additional periods as may
be necessary.
‘‘(d) RESEARCH.—
‘‘(1) 
FURTHERING
INTERNATIONAL
PRO-
GRAM.—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, in-
cluding—
‘‘(A) devising cost-effective fishing methods
and gear so as to reduce, with the goal of elimi-
nating, the incidental mortality and serious in-
jury of marine mammals in connection with
tuna purse seine fishing in the eastern tropical
Pacific Ocean;
‘‘(B) developing cost-effective methods of
fishing for mature yellowfin tuna without set-
ting nets on or to encircle dolphins or other ma-
rine mammals; and
‘‘(C) carrying out a scientific research pro-
gram (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) REQUIRED
RESEARCH.—The Secretary,
acting through the National Marine Fisheries Serv-
ice, shall undertake a research program to—
‘‘(A) determine the effect of harassment by
chase and encirclement on the health and biol-
ogy of dolphins encircled by purse seine nets in
the course of fishing for yellowfin tuna in the
eastern tropical Pacific Ocean; and
‘‘(B) regarding the incidental take of
nontarget species, including juvenile tuna, de-
termine—
‘‘(i) the extent to which such inciden-
tal take occurs when fishing for yellowfin
tuna using dolphin-safe methods including
fish aggregation devices;
‘‘(ii) the impact of that incidental take
on tuna stocks; and
‘‘(iii) the locations in which such
methods are occurring.
‘‘(3) REPORT.—
‘‘(A) IN GENERAL.—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 re-
port to the Congress on the results of the re-
search program conducted under paragraph (2).
‘‘(B) RECOMMENDATIONS.—The Secretary
shall include in the report under this paragraph
any recommendations, made on the basis of the
results of the research program conducted
under paragraph (2), that the Secretary consid-
ers 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 Dol-
phin Conservation Program.
‘‘(4) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated to the Sec-
retary of Commerce $1,000,000 to carry out para-
graph (2).’’.
(d) GENERAL REPORTING REQUIREMENTS; PER-
MITS.—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.
‘‘The Secretary shall annually submit to the Congress
a report that includes—
‘‘(1) results of research conducted under section
302;
‘‘(2) a description of the status and trends of
stocks of tuna;
‘‘(3) a description of the efforts to assess,
avoid, reduce, and minimize the incidental take of
juvenile yellowfin tuna and other nontarget species;
‘‘(4) a description of the activities of the Inter-
national Dolphin Conservation Program and of the
efforts of the United States in support of the goals
and objectives of the International Dolphin Con-
servation Program, including the protection of dol-
phin 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 deci-
sions of the Inter-American Tropical Tuna Commis-
sion, and any regulations promulgated by the Sec-
retary 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) ISSUANCE.—In a manner consistent with
the regulations issued under section 302, the Sec-
retary—
‘‘(A) shall require and issue a permit to a
vessel of the United States authorizing partici-
pation in the International Dolphin Conserva-
tion Program and incidental takes of marine
mammals under that program; and
‘‘(B) may require such a permit for the
person actually in charge of and controlling the
fishing operation of a vessel operating under
such a permit.
‘‘(2) PROCEDURES.—The Secretary shall pre-
scribe 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, and the name and ad-
dress of the owner thereof; and
‘‘(B) the tonnage, hold capacity, speed,
processing equipment, and type and quantity of
gear, including an inventory of special equip-
ment required under section 302, with respect
to each fishing vessel for which a permit is
sought.
‘‘(3) FEES.—The Secretary may charge a fee
for issuing a permit under this section. The level of
fees charged under this paragraph may not exceed
the administrative cost incurred in granting an au-
thorization 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.
‘‘(4) PERMIT
REQUIRED.—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 GENERAL.—The Secretary may impose
a sanction under paragraph (2) 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 im-
posed 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.
‘‘(2) SANCTIONS
DESCRIBED.—As a sanction
imposed under paragraph (1) with respect to a ves-
sel, the Secretary may—
‘‘(A) revoke any permit with respect to the
vessel, with or without prejudice to the issuance
of subsequent permits;
‘‘(B) suspend a permit referred to in sub-
paragraph (A) for a period of time the Sec-
retary considers to be appropriate;
‘‘(C) deny a permit referred to in subpara-
graph (A); or
‘‘(D) impose additional conditions or re-
strictions on any permit issued to, or applied
for by, any such vessel or person under this sec-
tion.
‘‘(3) CONSIDERATIONS.—In imposing a sanc-
tion 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 de-
gree of culpability, the history of prior offenses,
and other such matters as justice requires.
‘‘(4) SANCTION NOT EXTINGUISHED BY TRANS-
FER OF OWNERSHIP.—
‘‘(A) IN GENERAL.—Transfer of ownership
of a vessel, by sale or otherwise, shall not extin-
guish any permit sanction that is in effect or is
pending at the time of transfer of ownership.
‘‘(B) DISCLOSURE.—Before executing a
transfer of ownership of a vessel, by sale or oth-
erwise, the owner shall disclose in writing to the
prospective transferee the existence of any per-
mit sanction that will be in effect or pending
with respect to the vessel at the time of trans-
fer.
‘‘(5) REINSTATEMENT OF PERMIT SUSPENDED
FOR NONPAYMENT.—In the case of any permit that
is suspended for a failure to pay a civil penalty or
criminal fine, the Secretary shall reinstate the per-
mit upon payment of the penalty or fine and any ac-
crued interest on that penalty or fine (as determined
by the Secretary).
‘‘(6) HEARING
REQUIREMENT.—No sanction
may 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 im-
posed, either in conjunction with a civil penalty pro-
ceeding 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 in-
serting 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 prod-
uct is dolphin-safe under section 901(d) of the Dol-
phin Protection Consumer Information Act (16
U.S.C. 1385(d)) and has been harvested in compli-
ance with the International Dolphin Conservation
Program by a nation that is a member of the Inter-
American Tropical Tuna Commission;’’; and
(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 intentionally set a purse
seine net on or to encircle any marine mammal in
the course of tuna fishing operations in the eastern
tropical Pacific Ocean, except in accordance with
this title and regulations issued under this title;
‘‘(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;’’; 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 strik-
ing ‘‘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) COMMISSIONER FROM NMFS.—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 appro-
priate regional director, of the National Marine Fisheries
Service; and’’.
(b) ADVISORY COMMITTEES.—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.
‘‘(a)(1) 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 partici-
pating in the fisheries included under the conventions, and
from nongovernmental conservation organizations.
‘‘(2) The General Advisory Committee shall be in-
vited to have representatives attend all nonexecutive meet-
ings 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.
‘‘(b)(1) The Secretary, in consultation with the
United States Commissioners, shall appoint a subcommit-
tee 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 individ-
uals with recognized scientific expertise, and shall have
balanced representation from the public and private sec-
tors, including nongovernmental conservation organiza-
tions. The Scientific Advisory Subcommittee shall advise
the General Advisory Committee and the United States
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.
‘‘(2)(A) In addition to carrying out the duties speci-
fied in paragraph (1), the Scientific Advisory Subcommit-
tee shall, upon request by the General Advisory Commit-
tee, the United States Commissioners, or the Secretary,
perform functions and provide assistance required by for-
mal agreements entered into by the United States for this
fishery, including the International Dolphin Conservation
Program.
‘‘(B) The functions referred to in subparagraph (A)
may include but are not limited to—
‘‘(i) reviewing data from the International Dol-
phin Conservation Program, including data received
from the Inter-American Tropical Tuna Commission;
‘‘(ii) making recommendations concerning re-
search 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 the coordination and
facilitation of such research;
‘‘(iii) making recommendations concerning sci-
entific reviews and assessments required under the
International Dolphin Conservation Program, and
engaging, as appropriate, in such reviews and as-
sessments;
‘‘(iv) consulting with other experts as needed;
and
‘‘(v) recommending measures to ensure the reg-
ular and timely full exchange of data among the par-
ties to the International Dolphin Conservation Pro-
gram and the national scientific advisory committee
of each country that participates in the program (or
the equivalent entity of that country).
‘‘(c) The Secretary, in consultation with the United
States Commissioners, shall establish procedures to pro-
vide for appropriate public participation and public meet-
ings 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 meet-
ings of the Inter-American Tropical Tuna Commission in
accordance with the rules of the Commission.
‘‘(d)(1) 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.
‘‘(2) Each member of the General Advisory Commit-
tee and the Scientific Advisory Subcommittee who is not
an officer or employee of the Federal Government shall
serve without compensation.
‘‘(3) The General Advisory Committee and the Sci-
entific 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 le-
gally binding instrument, establishing the Inter-
national Dolphin Conservation Program has been
adopted by each nation participating in the Inter-
national Dolphin Conservation Program and is in ef-
fect; and
(2) the promulgation of final regulations under
section 302(a) of the Marine Mammal Protection
Act of 1972, as amended by this Act.
Æ
HR 2856 IH——2
HR 2856 IH——3