H. R. 408—12
‘‘(5) Within 120 days after the Secretary notifies the United
States Commissioners to the Inter-American Tropical Tuna
Commission of the Secretary’s determination under paragraph
(1)(A), the United States Commissioners shall call for a special
meeting of the Commission to address the actions necessary
to reduce incidental mortality and serious injury and mitigate
the adverse impact which resulted in the determination. The
Commissioners shall report the results of the special meeting
in writing to the Secretary and to the Secretary of State.
In their report, the Commissioners shall—
‘‘(A) include a description of the actions taken by the
harvesting nations or under the International Dolphin Con-
servation Program to reduce the incidental mortality and
serious injury and measures to mitigate the adverse impact
on the marine mammal species or stock;
‘‘(B) indicate whether, in their judgment, the actions
taken address the problem adequately; and
‘‘(C) if they indicate that the actions taken do not
address the problem adequately, include recommendations
of such additional action to be taken as may be necessary.
‘‘SEC. 304. RESEARCH.
‘‘(a) REQUIRED RESEARCH.—
‘‘(1) IN GENERAL.—The Secretary shall, in consultation with
the Marine Mammal Commission and the Inter-American
Tropical Tuna Commission, conduct a study of the effect of
intentional encirclement (including chase) on dolphins and dol-
phin stocks incidentally taken in the course of purse seine
fishing for yellowfin tuna in the eastern tropical Pacific Ocean.
The study, which shall commence on October 1, 1997, shall
consist of abundance surveys as described in paragraph (2)
and stress studies as described in paragraph (3), and shall
address the question of whether such encirclement is having
a significant adverse impact on any depleted dolphin stock
in the eastern tropical Pacific Ocean.
‘‘(2) POPULATION
ABUNDANCE
SURVEYS.—The abundance
surveys under this subsection shall survey the abundance of
such depleted stocks and shall be conducted during each of
the calendar years 1998, 1999, and 2000.
‘‘(3) STRESS STUDIES.—The stress studies under this sub-
section shall include—
‘‘(A) a review of relevant stress-related research and
a 3-year series of necropsy samples from dolphins obtained
by commercial vessels;
‘‘(B) a 1-year review of relevant historical demographic
and biological data related to dolphins and dolphin stocks
referred to in paragraph (1); and
‘‘(C) an experiment involving the repeated chasing and
capturing of dolphins by means of intentional encirclement.
‘‘(4) REPORT.—No later than 90 days after publishing the
finding under subsection (g)(2) of the Dolphin Protection
Consumer Information Act, the Secretary shall complete and
submit a report containing the results of the research described
in this subsection to the United States Senate Committee on
Commerce, Science, and Transportation and the United States
House of Representatives Committees on Resources and on
H. R. 408—13
Commerce, and to the Inter-American Tropical Tuna Commis-
sion.
‘‘(b) OTHER RESEARCH.—
‘‘(1) IN GENERAL.—In addition to conducting the research
described in subsection (a), the Secretary shall, in consultation
with the Marine Mammal Commission and in cooperation with
the 
nations 
participating 
in 
the 
International 
Dolphin
Conservation Program and the Inter-American Tropical Tuna
Commission, undertake or support appropriate scientific
research to further the goals of the International Dolphin Con-
servation Program.
‘‘(2) SPECIFIC AREAS OF RESEARCH.—Research carried out
under paragraph (1) may include—
‘‘(A) projects to devise cost-effective fishing methods
and gear so as to reduce, with the goal of eliminating,
the incidental mortality and serious injury of marine mam-
mals in connection with commercial purse seine fishing
in the eastern tropical Pacific Ocean;
‘‘(B) projects to develop cost-effective methods of fishing
for mature yellowfin tuna without setting nets on dolphins
or other marine mammals;
‘‘(C) projects to carry out stock assessments for those
marine mammal species and marine mammal stocks taken
in the purse seine fishery for yellowfin tuna in the eastern
tropical Pacific Ocean, including species or stocks not
within waters under the jurisdiction of the United States;
and
‘‘(D) projects to determine the extent to which the
incidental take of nontarget species, including juvenile
tuna, occurs in the course of purse seine fishing for yellow-
fin tuna in the eastern tropical Pacific Ocean, the
geographic location of the incidental take, and the impact
of that incidental take on tuna stocks and nontarget spe-
cies.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) There are authorized to be appropriated to the Sec-
retary the following amounts, to be used by the Secretary
to carry out the research described in subsection (a):
‘‘(A) $4,000,000 for fiscal year 1998.
‘‘(B) $3,000,000 for fiscal year 1999.
‘‘(C) $4,000,000 for fiscal year 2000.
‘‘(D) $1,000,000 for fiscal year 2001.
‘‘(2) In addition to the amount authorized to be appro-
priated under paragraph (1), there are authorized to be
appropriated to the Secretary for carrying out this section
$3,000,000 for each of the fiscal years 1998, 1999, 2000, and
2001.
‘‘SEC. 305. REPORTS BY THE SECRETARY.
‘‘Notwithstanding section 103(f), the Secretary shall submit
annual reports to the Congress which include—
‘‘(1) results of research conducted pursuant to section 304;
‘‘(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;
H. R. 408—14
‘‘(4) a description of the activities of the International
Dolphin Conservation Program and of the efforts of the United
States in support of the Program’s goals and objectives, includ-
ing the protection of dolphin stocks in the eastern tropical
Pacific Ocean, and an assessment of the effectiveness of the
Program;
‘‘(5) actions taken by the Secretary under section
101(a)(2)(B) and section 101(d);
‘‘(6) copies of any relevant resolutions and decisions of
the Inter-American Tropical Tuna Commission, and any regula-
tions promulgated by the Secretary under this title; and
‘‘(7) any other information deemed relevant by the Sec-
retary.
‘‘SEC. 306. PERMITS.
‘‘(a) IN GENERAL.—
‘‘(1) Consistent with the regulations issued pursuant to
section 303, the Secretary shall issue a permit to a vessel
of the United States authorizing participation in the Inter-
national Dolphin Conservation Program and 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 identifica-
tion 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 303,
with respect to each vessel.
‘‘(2) The Secretary is authorized to 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 authoriza-
tions and issuing permits under this section.
‘‘(3) After the effective date of the International Dolphin
Conservation Program Act, no vessel of the United States shall
operate in the 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 of an act
prohibited under section 307;
‘‘(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 307;
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,
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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 appropriate;
‘‘(iii) deny such permit; 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 culpabil-
ity, any 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 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 proceeding under
this title or otherwise.’’.
(d) Section 307 (16 U.S.C. 1417) is amended—
(1) by striking paragraphs (1), (2), and (3) of subsection
(a) and inserting the following:
‘‘(1) for any person to sell, purchase, offer for sale, trans-
port, or ship, in the United States, any tuna or tuna product
unless the tuna or tuna product is either dolphin safe or has
been harvested in compliance with the International Dolphin
Conservation Program by a country that is a member of the
Inter-American Tropical Tuna Commission or has initiated and
within 6 months thereafter completed all steps required of
applicant nations in accordance with Article V, paragraph 3
of the Convention establishing the Inter-American Tropical
Tuna Commission, to become a member of that organization;
‘‘(2) except as provided for in subsection 101(d), for any
person or vessel subject to the jurisdiction of the United States
intentionally 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 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(a)(2);’’;
(2) by inserting ‘‘(a)(5) or’’ before ‘‘(a)(6)’’ in subsection
(b)(2); and