I
104TH CONGRESS
1ST SESSION
H. R. 2179
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
AUGUST 3, 1995
Mr. CUNNINGHAM (for himself, Mr. BILBRAY, Mr. HUNTER, and Mr. PACK-
ARD) introduced the following bill; which was referred to the Committee
on Resources
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 pur-
poses.
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 Act Amendments of
1995’’.
(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. PURPOSES.
The purposes of this Act are the following:
(1) To recognize the achievements of, and sup-
port continued implementation of, the International
Dolphin Conservation Program administered by the
Inter-American Tropical Tuna Commission.
(2) To modify and strengthen the embargo pro-
visions of the Marine Mammal Protection Act of
1972 to assure compliance with that program.
(3) To authorize participation by United States
tuna fishing vessels in the yellowfin tuna fishery of
the eastern tropical Pacific Ocean in accordance
with that program.
(4) To ensure a viable and ecologically sound
tuna fishery in the eastern tropical Pacific Ocean,
including by avoidance of bycatch of nontargeted
marine species, maintenance of healthy stocks of
tuna, and protection of marine mammal populations.
(5) To otherwise strengthen and improve inter-
national efforts to reduce incidental dolphin mortal-
ity to insignificant levels approaching a zero mortal-
ity and serious injury rate as required by the Marine
Mammal Protection Act of 1972.
SEC. 3. AMENDMENT OF INTERNATIONAL DOLPHIN CON-
SERVATION ACT.
Title III of the Marine Mammal Protection Act of
1972 (16 U.S.C. 1411–1418) is amended to read as fol-
lows:
‘‘TITLE 
III—INTERNATIONAL
DOLPHIN 
CONSERVATION
PROGRAM
‘‘SEC. 301. FINDINGS AND POLICY.
‘‘(a) FINDINGS.—The Congress finds the following:
‘‘(1) Although in past years the yellowfin tuna
fishery of the eastern tropical Pacific Ocean has re-
sulted in excessive incidental mortality to dolphins,
efforts by tuna fishermen operating under United
States and international conservation programs have
reduced this incidental mortality to levels that are
approaching a zero mortality and serious injury rate
in accordance with section 101(a)(2).
‘‘(2) Support of the International Dolphin Con-
servation Program is necessary to assure that these
low levels of dolphin mortality are maintained and
eventually eliminated, if possible.
‘‘(3) United States tuna fishing vessels have led
the world in the development of fishing methods to
reduce dolphin mortalities in the eastern tropical Pa-
cific Ocean and should be allowed to fish in that re-
gion on an equal basis with foreign fleets.
‘‘(b) POLICY.—It is the policy of the United States
to—
‘‘(1) continue the progress made in reducing
the incidental mortality of dolphins in the yellowfin
tuna fishery in the eastern tropical Pacific Ocean;
‘‘(2) support the International Dolphin Con-
servation Program; and
‘‘(3) authorize the participation of United
States tuna fishing vessels in the yellowfin tuna fish-
ery of the eastern tropical Pacific Ocean in a man-
ner consistent with the International Dolphin Con-
servation Program and the requirements of this Act.
‘‘SEC. 302. AUTHORITY OF SECRETARY.
‘‘(a) REGULATIONS.—The Secretary may issue regu-
lations to govern the incidental taking of marine mammals
in the course of commercial purse seine fishing for yellow-
fin tuna in the eastern tropical Pacific Ocean. Any such
regulations shall be consistent with the requirements of
the International Dolphin Conservation Program and with
the goal of reducing the incidental mortality or serious in-
jury of marine mammals occurring in the yellowfin tuna
fishery in the eastern tropical Pacific Ocean to insignifi-
cant levels approaching a zero mortality and serious injury
rate.
‘‘(b) CONSULTATIONS.—In developing any regulation
under this section, the Secretary shall consult with the
Secretary of State and the United States Commissioners
to the Inter-American Tropical Tuna Commission ap-
pointed under section 3 of the Tuna Conventions Act of
1950 (16 U.S.C. 952).
‘‘SEC. 303. OBSERVERS.
‘‘All vessels subject to the jurisdiction of the United
States engaged in commercial purse seine fishing for yel-
lowfin tuna in the eastern tropical Pacific Ocean shall
carry an observer certified by the Secretary or by the
Inter-American Tropical Tuna Commission for the pur-
pose of conducting research and observing fishing oper-
ations unless, for reasons beyond the control of the Sec-
retary, an observer is not available for such purpose.
‘‘SEC. 304. PROHIBITIONS, PENALTIES, AND CIVIL FORFEIT-
URES.
‘‘(a) PROHIBITIONS.—It is unlawful—
‘‘(1) for any person to violate any regulation
promulgated under this title;
‘‘(2) for any person to refuse to allow any duly
authorized officer to board a vessel subject to that
person’s control for purposes of conducting any
search or inspection in connection with the enforce-
ment of this title;
‘‘(3) for any person to assault, resist, oppose,
impede, intimidate, or interfere with any such au-
thorized officer in the conduct of any search or in-
spection described in paragraph (2); and
‘‘(4) for any person or vessel subject to the ju-
risdiction 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 the International Dolphin Conservation Pro-
gram.
‘‘(b) PENALTIES.—
‘‘(1) CIVIL PENALTY.—A person that knowingly
and willfully violates subsection (a)(1), (2), or (4)
shall be subject to a civil penalty under section
105(a).
‘‘(2) CRIMINAL
PENALTY.—A person that
knowingly and willfully violates subsection (a)(3)
shall be subject to a criminal penalty under section
105(b).
‘‘(c) CIVIL FORFEITURES.—Any vessel (including its
fishing gear, appurtenances, stores, and cargo) used, and
any fish (or its fair market value) taken or retained, in
any manner, in connection with or as a result of the com-
mission of any act prohibited by this section shall be sub-
ject to forfeiture to the United States in the manner pro-
vided in section 310 of the Magnuson Fishery Conserva-
tion and Management Act (16 U.S.C. 1860).
‘‘(d) CLERICAL AMENDMENTS.—The table of con-
tents 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. Findings and policy.
‘‘Sec. 302. Authority of Secretary.
‘‘Sec. 303. Observers.
‘‘Sec. 304. Prohibitions, penalties, and civil forfeitures.’’.
SEC. 4. DEFINITIONS.
Section 3 (16 U.S.C. 1362) is amended by adding
at the end the following new paragraph:
‘‘(28) The term ‘International Dolphin Con-
servation Program’ means—
‘‘(A) the international program established
by the agreement signed in La Jolla, California,
in June, 1992, and administered by the Inter-
American Tropical Tuna Commission; or
‘‘(B) an equivalent successor program
agreed to by the United States.’’.
SEC. 5. AMENDMENT OF EMBARGO PROVISIONS.
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 harvested
with purse seine nets in the eastern tropical Pacific
Ocean, and products therefrom, to be exported to
the United States, shall require that the government
of the exporting nation provide documentary evi-
dence that the fishing vessels of the exporting nation
participate in the International Dolphin Conserva-
tion Program. Such participation in the Inter-
national Dolphin Conservation Program shall be
deemed as establishing that such nation’s regulatory
program is comparable to, and not in excess of,
United States standards if—
‘‘(i) dolphin mortality under the Inter-
national Dolphin Conservation Program is with-
in the potential biological removal level for each
affected stock;
‘‘(ii) the fishing vessels of the exporting
nation are subject to 100 percent observer cov-
erage by observers approved by the Inter-Amer-
ican Tropical Tuna Commission;
‘‘(iii) the government of the exporting na-
tion authorizes the Inter-American Tropical
Tuna Commission to release sufficient informa-
tion to the Secretary to establish participation
in the International Dolphin Conservation Pro-
gram;
‘‘(iv) the government of the exporting na-
tion complies with all reasonable requests for
cooperation in carrying out the scientific re-
search program required by section 117; and
‘‘(v) responsible officials administering the
International Dolphin Conservation Program
have not determined that any fishing vessel of
the exporting nation is failing to participate in
such program.’’.
SEC. 6. FURTHER TECHNICAL AND CONFORMING AMEND-
MENTS.
(a) MISCELLANEOUS AMENDMENTS TO TITLE I.—
(1) Section 101(a)(2) (16 U.S.C. 1371(a)) is
amended in the second sentence by striking the
semicolon and all that follows through ‘‘practicable’’.
(2) Section 104(a) (16 U.S.C. 1374(a)) is
amended in the second sentence by striking ‘‘, or
subsection (h) of this section’’.
(3) Section 104 (16 U.S.C. 1374) is amended
by striking subsection (h).
(4) Section 118(a)(3) (16 U.S.C. 1387(a)(3)) is
amended to read as follows:
‘‘(3) Title III, and not this section, shall govern the
taking of marine mammals in the course of commercial
purse seine fishing for yellowfin tuna in the eastern tropi-
cal Pacific Ocean.’’.
(b) CITIZENS ON FOREIGN VESSELS.—Section 101
(16 U.S.C. 1371) is amended by adding at the end the
following new subsection:
‘‘(d) The provisions of this Act shall not apply to the
taking of marine mammals during fishing operations by
a citizen of the United States when such citizen is em-
ployed on a foreign fishing vessel that is participating in
the International Dolphin Conservation Program.’’.
(c) TUNA CONVENTIONS ACT.—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 either the Director, or
an appropriate regional director of the National Ma-
rine Fisheries Service; and’’.
SEC. 7. REPEAL OF MARKETPLACE LABELING REQUIRE-
MENTS.
(a) 
IN
GENERAL.—The 
Dolphin 
Protection
Consumer Information Act (16 U.S.C. 1385) is repealed.
(b) RELATIONSHIP TO OTHER LAW.—Nothing in this
section shall in any way affect, or be construed to affect,
requirements for the protection and management of ma-
rine mammals under the Driftnet Impact Monitoring, As-
sessment, and Control Act of 1987 (16 U.S.C. 1822 note),
the Marine Mammal Protection Act of 1972 (16 U.S.C.
1361 et seq.), or any other applicable law.
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