I
104TH CONGRESS
1ST SESSION
H. R. 2823
To amend the Marine Mammal Protection Act of 1972 to support the Inter-
national Dolphin Conservation Program in the eastern tropical Pacific
Ocean, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
DECEMBER 21, 1995
Mr. GILCHREST (for himself, Mr. CUNNINGHAM, Mr. RICHARDSON, Mr.
BOEHLERT, Mr. BILBRAY, Mr. GOSS, Mr. YOUNG of Alaska, Mr. PACK-
ARD, Mr. CASTLE, Mr. LAZIO of New York, Mr. GILLMOR, Mr. KOLBE,
Mr. SHAYS, Mr. HUNTER, Mr. KLUG, Mr. HANSEN, Mr. POMBO, Mr.
CARDIN, Mr. DEFAZIO, Mr. COBLE, Mr. EHLERS, Mr. UPTON, Mr.
DAVIS, Mrs. MORELLA, Mr. TORKILDSEN, Mr. FOLEY, and Mr. BLUTE)
introduced the following bill; which was referred to the Committee on Re-
sources
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 Representa-
tives 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 Conservation Program Act’’.
(b) REFERENCES TO MARINE MAMMAL PROTECTION
ACT.—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 provi-
sion, the reference shall be considered to be made to a
section or other provision of the Marine Mammal Protec-
tion Act of 1972 (16 U.S.C. 1361 et seq.).
SEC. 2. PURPOSE AND FINDINGS.
(a) PURPOSE.—The purpose of this Act is to give ef-
fect to the Declaration of Panama, signed October 4,
1995, by the Governments of Belize, Colombia, Costa
Rica, Ecuador, France, Honduras, Mexico, Panama,
Spain, the United States of America, Vanuatu, and Ven-
ezuela, including the establishment of the International
Dolphin Conservation Program, relating to the protection
of dolphins and other species, and the conservation and
management of tuna in the eastern tropical Pacific Ocean.
(b) FINDINGS.—The Congress finds that twelve na-
tions, including the United States, agreed in the Declara-
tion of Panama to, among other things—
(1) require that the total annual dolphin mor-
tality in the purse seine fishery for yellowfin tuna in
the eastern tropical Pacific Ocean not exceed 5,000,
with the commitment and objective to progressively
reduce dolphin mortality to levels approaching zero
through the setting of annual limits;
(2) establish a per-stock per-year mortality
limit up to the year 2001 of between 0.2 percent and
0.1 percent of the minimum population estimate;
(3) starting with the year 2001, require that
the per-stock per-year mortality of dolphin not ex-
ceed 0.1 percent of the minimum population esti-
mate;
(4) require that in the event that the mortality
limits in paragraph (1), (2), or (3) are exceeded, all
sets on dolphins in the case of paragraph (1), or sets
on such stock and any mixed schools containing
members of such stock in the case of paragraph (2)
or (3), shall cease for that fishing year; in the case
of paragraph (2), to conduct a scientific review and
assessment in 1998 of progress toward the year
2000 objective and consider recommendations as ap-
propriate; and, in the case of paragraph (3), to con-
duct a scientific review and assessment regarding
that stock or those stocks and consider further rec-
ommendations;
(5) establish a per-vessel maximum annual dol-
phin mortality limit consistent with the established
per-year mortality caps; and
(6) provide a system of incentives to vessel cap-
tains to continue to reduce dolphin mortality, with
the goal of eliminating dolphin mortality.
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 accord-
ance with the Declaration of Panama.
‘‘(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) by inserting in the first sentence ‘‘, and au-
thorizations may be granted under title III with re-
spect to the yellowfin tuna fishery of the eastern
tropical Pacific Ocean, subject to regulations pre-
scribed under that title by the Secretary without re-
gard to section 103’’ before the period; and
(2) by striking the semicolon in the second sen-
tence 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 har-
vested with purse seine nets in the eastern trop-
ical 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
section 101(a)(2) before the effective date
of this section; or
‘‘(ii) the tuna or products therefrom
were harvested after the effective date of
this section by vessels of a nation which
participates in the International Dolphin
Conservation Program, and such harvest-
ing nation is either a member of the Inter-
American Tropical Tuna Commission or
has initiated steps, in accordance with arti-
cle V, paragraph 3 of the Convention es-
tablishing the Inter-American Tropical
Tuna Commission, to become a member of
that organization,
except that the Secretary shall not accept such
documentary evidence as satisfactory proof for
purposes of this paragraph if—
‘‘(I) the government of the harvesting
nation does not authorize the Inter-Amer-
ican Tropical Tuna Commission to release
sufficient information to the Secretary to
allow a determination of compliance with
the International Dolphin Conservation
Program; or
‘‘(II) after taking into consideration
this information, findings of the Inter-
American Tropical Tuna Commission, and
any other relevant information, including
but not limited to information that a na-
tion is consistently failing to take enforce-
ment actions on violations which diminish
the effectiveness of the International Dol-
phin Conservation Program, the Secretary,
in consultation with the Secretary of State,
finds 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 add-
ing 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 out-
side the United States exclusive economic zone when em-
ployed on a foreign fishing vessel of a harvesting nation
which 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 of this title and to the require-
ments of section 101 of this title, 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 Pa-
cific Ocean shall be governed by section 304, subject to
the regulations issued pursuant to section 302.’’.
(e) Section 110 (16 U.S.C. 1380) is amended—
(1) by redesignating subsection (a)(1) as sub-
section (a); and
(2) by striking subsection (a)(2).
(f) Subsection (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 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 con-
tained 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 para-
graph (3).’’.
gram meets the requirements of the Inter-
national Dolphin Conservation Program,
which states that there was an observer ap-
proved by the International Dolphin Conserva-
tion Program on board the vessel during the en-
tire trip and documents that no dolphins were
killed during the sets in which the tuna in the
tuna product were caught; and
‘‘(iii) the statements referred to in clauses
(i) and (ii) are endorsed in writing by each ex-
porter, importer, and processor of the product;
and
‘‘(C) the written statements and endorse-
ments referred to in subparagraph (B) comply
with regulations promulgated by the Secretary
which would provide for the verification of tuna
products as dolphin safe.’’.
(h) Subsection (d) of the Dolphin Protection
Consumer Information Act (16 U.S.C. 1385(d)) is amend-
ed further by adding 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 state-
ment executed by the captain of the vessel cer-
tifying that no purse seine net was intentionally
deployed on or to encircle dolphins during the
particular voyage on which the tuna was har-
vested; or
‘‘(B) in any fishing in which the Secretary
has determined that a regular and significant
association occurs between marine mammals
and tuna, it is accompanied by a written state-
ment executed by the captain of the vessel and
an observer, certifying that no purse seine net
was intentionally deployed on or to encircle ma-
rine 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 mam-
mals, except as dolphin safe in accordance with this
subsection.’’.
(i) Subsection (f) of the Dolphin Protection
Consumer Information Act (16 U.S.C. 1385(f)) is amend-
ed 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 three months after the effective date
of this section, including, but not limited to, regulations
addressing the use of weight calculation and well location,
and which require that tuna products are labeled in ac-
cordance with subsection (d).’’.
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 in lieu thereof:
‘‘(4) Nations harvesting yellowfin tuna in the
eastern tropical Pacific Ocean have demonstrated
their willingness to participate in appropriate multi-
lateral agreements to reduce, with the goal of elimi-
nating, dolphin mortality in that fishery. Recognition
of the International Dolphin Conservation Program
will assure that the existing trend of reduced dolphin
mortality continues; that individual stocks of dol-
phins 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 in lieu thereof:
‘‘(2) support the International Dolphin Con-
servation Program and efforts within the Program
to reduce, with the goal of eliminating, 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 purse seine
vessels in the eastern tropical Pacific Ocean not op-
erating 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 Con-
servation Program.
‘‘(2)(A) Not later than three months after the effec-
tive date of this section, the Secretary shall issue regula-
tions to authorize and govern the incidental taking of ma-
rine mammals in the eastern tropical Pacific Ocean, in-
cluding any species of marine mammal designated as de-
pleted under this Act but not listed as endangered or
threatened under the Endangered Species Act (16 U.S.C.
1531 et seq.), by vessels of the United States participating
in the International Dolphin Conservation Program.
‘‘(B) Regulations issued under this section shall in-
clude provisions—
‘‘(i) requiring observers on each vessel;
‘‘(ii) requiring use of the backdown procedure
or other procedures equally or more effective in
avoiding mortality of marine mammals in fishing op-
erations;
‘‘(iii) prohibiting intentional sets on stocks and
schools in accordance with the International Dolphin
Conservation Program;
‘‘(iv) requiring the use of special equipment, in-
cluding, but not limited to, 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 dur-
ing sets of purse seine net on marine mammals is
completed and rolling of the net to sack up has
begun no later than thirty 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 lim-
its and per-stock per-year mortality limits in accord-
ance with the International Dolphin Conservation
Program;
‘‘(viii) preventing the making of intentional sets
on dolphins after reaching either the vessel maxi-
mum annual dolphin mortality limits, total dolphin
mortality limits, or per-stock per-year mortality lim-
its;
‘‘(ix) preventing the fishing 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 do not require the
encirclement of dolphins in the course of commercial
yellowfin tuna fishing; and
‘‘(xi) containing such other restrictions and re-
quirements as the Secretary determines are nec-
essary to implement the International Dolphin Con-
servation Program with respect to 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 any 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 Sec-
retary determines, on the basis of the best scientific infor-
mation available (including that obtained under the Inter-
national Dolphin Conservation Program) that the inciden-
tal mortality and serious injury of marine mammals au-
thorized 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 actions as follows—
‘‘(A) notify the Inter-American Tropical Tuna
Commission of his or her findings, along with rec-
ommendations to the Commission as to actions nec-
essary to reduce incidental mortality and serious in-
jury and mitigate such adverse impact; and
‘‘(B) prescribe emergency regulations to reduce
incidental mortality and serious injury and mitigate
such adverse impact.
‘‘(2) Prior to taking action under paragraph (1) (A)
or (B), 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.
‘‘(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 mortal-
ity and serious injury of marine mammals in the yellowfin
tuna fishery in the eastern tropical Pacific Ocean is con-
tinuing to have a significant adverse impact on a stock
or species, the Secretary may extend the emergency regu-
lations for such additional periods as may be necessary.
‘‘(d) RESEARCH.—The Secretary shall, in coopera-
tion with the nations participating in the International
Dolphin Conservation Program and with the Inter-Amer-
ican Tropical Tuna Commission, undertake or support ap-
propriate scientific research to further the goals of the
International Dolphin Conservation Program, including,
but not limited to—
‘‘(1) 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;
‘‘(2) developing cost-effective methods of fishing
for mature yellowfin tuna without setting nets on
dolphins or other marine mammals;
‘‘(3) carrying out a scientific research program
as described in section 117 for those marine mam-
mal species and stocks taken in the purse seine fish-
ery for yellowfin tuna in the eastern tropical Pacific
Ocean, including species or stocks not within waters
under the jurisdiction of the United States; and
‘‘(4) studying the effect of chase and encircle-
ment on the health and biology of dolphin and dol-
phin populations incidentally taken in the course of
purse seine fishing for yellowfin tuna in the eastern
tropical Pacific Ocean.
The Secretary shall include a description of the annual
results of research carried out under this subsection in the
report required under section 303.’’.
(d) Section 303 (16 U.S.C. 1413) is hereby repealed.
(e) Section 304 (16 U.S.C. 1414) is hereby redesig-
nated as section 303, and amended to read as follows:
‘‘SEC. 303. 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 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 bycatch of juvenile
yellowfin tuna and bycatch of 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 Pro-
gram’s goals and objectives, 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 sec-
tion 101(a)(2)(B)(iii) (I) and (II);
‘‘(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 deemed relevant by
the Secretary.’’.
(f) Section 305 (16 U.S.C. 1415) is hereby repealed.
(g) Section 306 (16 U.S.C. 1416) is hereby redesig-
nated as section 304, and amended to read as follows:
‘‘SEC. 304. PERMITS.
‘‘(a) IN GENERAL.—(1) Consistent with the regula-
tions 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 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, but
not limited to, requiring the submission of—
‘‘(A) the name and official number or other
identification of each fishing vessel for which a per-
mit is sought, together with the name and address
of the owner thereof; and
‘‘(B) the tonnage, hold capacity, speed, process-
ing equipment, and type and quantity of gear, in-
cluding an inventory of special equipment required
under section 302, 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 grant-
ing an authorization and issuing a permit. Fees collected
under this paragraph shall be available to the Under Sec-
retary of Commerce for Oceans and Atmosphere for ex-
penses incurred in granting authorizations and issuing
permits under this section.
‘‘(3) After the effective date of this section, 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 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.’’.
(h) Section 307 (16 U.S.C. 1417) is hereby redesig-
nated as section 305, and amended—
(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 striking paragraphs (2) and insert-
ing in lieu thereof the following:
‘‘(2) except as provided for in subsection
101(d), for any person or vessel subject to the juris-
diction of the United States intentionally to set a
purse seine net on or to encircle any marine mam-
mal in the course of tuna fishing operations in the
eastern tropical Pacific Ocean except in accordance
with this title and regulations issued under pursuant
to this title;’’; and
(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)’’; and
(3) by deleting subsection (d).
(i) Section 308 (16 U.S.C. 1418) is redesignated as
section 306, and amended by striking ‘‘303’’ and inserting
in lieu thereof ‘‘302(d)’’.
(j) 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) Section 3(c) of the Tuna Conventions Act (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 Marine
Fisheries Service; and’’.
(b) Section 4 of the Tuna Conventions Act (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 five nor
more than fifteen persons with balanced representa-
tion from the various groups participating in the
fisheries included under the conventions, and from
nongovernmental conservation organizations. The
General Advisory Committee shall be invited to have
representatives attend all nonexecutive meetings of
the United States sections and shall be given full op-
portunity to examine and to be heard on all pro-
posed programs of investigations, reports, rec-
ommendations, and regulations of the commission.
The General Advisory Committee may attend all
meetings of the international commissions to which
they are invited by such commissions.
‘‘(2) Appoint a Scientific Advisory Subcommit-
tee which shall be composed of not less than five nor
more than fifteen qualified scientists with balanced
representation from the public and private sectors,
including nongovernmental conservation organiza-
tions. The Scientific Advisory Subcommittee shall
advise the General Advisory Committee and the
Commissioners on matters including the conserva-
tion of ecosystems; the sustainable uses of living ma-
rine resources related to the tuna fishery in the east-
ern Pacific 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 re-
quested by the General Advisory Committee, the
United States Commissioners or the Secretary, per-
form 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:
(A) the review of data from the Program, 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 development
and use of selective, environmentally safe and cost-
effective fishing gear, and on the coordination and
facilitation of such research; (C) recommendations
concerning scientific reviews and assessments re-
quired under the Program and engaging, as appro-
priate, in such reviews and assessments; (D) consult-
ing with other experts as needed; and (E) rec-
ommending measures to assure the regular and
timely full exchange of data among the parties to
the Program and each nation’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. EFFECTIVE DATE.
Sections 3 through 6 of this Act shall become effec-
tive upon certification by the Secretary of State to Con-
gress that a binding resolution of the Inter-American
Tropical Tuna Commission or other legally binding instru-
ment establishing the International Dolphin Conservation
Program has been adopted and is in effect.
Æ
HR 2823 IH——2
HR 2823 IH——3