IIA
105TH CONGRESS
1ST SESSION
H. R. 408
IN THE SENATE OF THE UNITED STATES
MAY 22, 1997
Received; read twice and referred to the Committee on Commerce, Science,
and Transportation
AN ACT
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,
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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 purposes of this Act are—
(1) to give effect 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 Venezuela, includ-
ing 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;
(2) to recognize that nations fishing for tuna in
the eastern tropical Pacific Ocean have achieved sig-
nificant reductions in dolphin mortality associated
with that fishery; and
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(3) to eliminate the ban on imports of tuna
from those nations that are in compliance with the
International Dolphin Conservation Program.
(b) FINDINGS.—The Congress finds the following:
(1) The nations that fish for tuna in the east-
ern tropical Pacific Ocean have achieved significant
reductions in dolphin mortalities associated with the
purse seine fishery from hundreds of thousands an-
nually to fewer than 5,000 annually.
(2) The provisions of the Marine Mammal Pro-
tection Act of 1972 that impose a ban on imports
from nations that fish for tuna in the eastern tropi-
cal Pacific Ocean have served as an incentive to re-
duce dolphin mortalities.
(3) Tuna canners and processors of the United
States have led the canning and processing industry
in promoting a dolphin-safe tuna market.
(4) 12 signatory nations to the Declaration of
Panama, including the United States, agreed under
that Declaration to require that the total annual dol-
phin mortality in the purse seine fishery for yellow-
fin tuna in the eastern tropical Pacific Ocean not ex-
ceed 5,000, with a commitment and objective to pro-
gressively reduce dolphin mortality to a level ap-
proaching zero through the setting of annual limits.
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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 Con-
servation Program’ means the international program
established by the agreement signed in La Jolla,
California, in June 1992, as formalized, modified,
and enhanced in accordance with the Declaration of
Panama, that requires—
‘‘(A) that the total annual dolphin mortal-
ity 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;
‘‘(B) the establishment of a per-stock per-
year mortality limit for dolphins, for each year
through the year 2000, of between 0.2 percent
and 0.1 percent of the minimum population es-
timate;
‘‘(C) beginning with the year 2001, that
the per-stock per-year mortality of dolphin not
exceed 0.1 percent of the minimum population
estimate;
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‘‘(D) that if the mortality limit set forth in
subparagraph (A) is exceeded, all sets on dol-
phins shall cease for the fishing year concerned;
‘‘(E) that if the mortality limit set forth in
subparagraph (B) or (C) is exceeded sets on
such stock and any mixed schools containing
members of such stock shall cease for that fish-
ing year;
‘‘(F) in the case of subparagraph (B), to
conduct a scientific review and assessment in
1998 of progress toward the year 2000 objec-
tive and consider recommendations as appro-
priate; and
‘‘(G) in the case of subparagraph (C), to
conduct a scientific review and assessment re-
garding that stock or those stocks and consider
further recommendations;
‘‘(H) the establishment of a per-vessel
maximum annual dolphin mortality limit con-
sistent with the established per-year mortality
caps; and
‘‘(I) the provision of a system of incentives
to vessel captains to continue to reduce dolphin
mortality, with the goal of eliminating dolphin
mortality.
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‘‘(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) AUTHORIZATION
FOR INCIDENTAL TAKING.—
Section 101(a)(2) (16 U.S.C. 1371(a)(2)) is amended as
follows:
(1) By inserting after the first sentence ‘‘Such
authorizations may also be granted under title III
with respect to the yellowfin tuna fishery of the east-
ern tropical Pacific Ocean, subject to regulations
prescribed under that title by the Secretary without
regard to section 103.’’.
(2) By striking the semicolon in the second sen-
tence and all that follows through ‘‘practicable’’.
(b) DOCUMENTARY EVIDENCE.—Section 101(a) (16
U.S.C. 1371(a)) is amended by striking so much of para-
graph (2) as follows subparagraph (A) and as precedes
subparagraph (C) and inserting:
‘‘(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—
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‘‘(i) the tuna or products therefrom
were not banned from importation under
this paragraph before the effective date of
the International Dolphin Conservation
Program Act;
‘‘(ii) the tuna or products therefrom
were harvested after the effective date of
the International Dolphin Conservation
Program Act by vessels of a nation which
participates in the International Dolphin
Conservation Program, such harvesting na-
tion is either a member of the Inter-Amer-
ican Tropical Tuna Commission or has ini-
tiated (and within 6 months thereafter
completed) all steps (in accordance with
article V, paragraph 3 of the Convention
establishing the Inter-American Tropical
Tuna Commission) necessary to become a
member of that organization;
‘‘(iii) such nation is meeting the obli-
gations of the International Dolphin Con-
servation Program and the obligations of
membership in the Inter-American Tropi-
cal Tuna Commission, including all finan-
cial obligations;
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‘‘(iv) the total dolphin mortality per-
mitted under the International Dolphin
Conservation Program will not exceed
5,000 in 1997, or in any year thereafter,
consistent with the commitment and objec-
tive of progressively reducing dolphin mor-
tality to levels approaching zero through
the setting of annual limits and the goal of
eliminating dolphin mortality; and
‘‘(v) the tuna or products therefrom
were harvested after the effective date of
the International Dolphin Conservation
Program Act by vessels of a nation which
participates in the International Dolphin
Conservation Program, and such harvest-
ing nation has not vetoed the participation
by any other nation in such Program.’’.
(c) ACCEPTANCE OF EVIDENCE COVERAGE.—Section
101 (16 U.S.C. 1371) is amended by adding at the end
the following new subsections:
‘‘(d) ACCEPTANCE OF DOCUMENTARY EVIDENCE.—
The Secretary shall not accept documentary evidence re-
ferred to in section 101(a)(2)(B) as satisfactory proof for
purposes of section 101(a)(2) if—
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‘‘(1) the government of the harvesting nation
does not provide directly or authorize the Inter-
American Tropical Tuna Commission to release com-
plete and accurate information to the Secretary to
allow a determination of compliance with the Inter-
national Dolphin Conservation Program;
‘‘(2) the government of the harvesting nation
does not provide directly or authorize the Inter-
American Tropical Tuna Commission to release com-
plete and accurate information to the Secretary in a
timely manner for the purposes of tracking and veri-
fying compliance with the minimum requirements es-
tablished by the Secretary in regulations promul-
gated under subsection (f) of the Dolphin Protection
Consumer Information Act (16 U.S.C. 1385(f)); or
‘‘(3) after taking into consideration this infor-
mation, findings of the Inter-American Tropical
Tuna Commission, and any other relevant informa-
tion, including information that a nation is consist-
ently failing to take enforcement actions on viola-
tions which diminish the effectiveness of the Inter-
national Dolphin Conservation Program, the Sec-
retary, in consultation with the Secretary of State,
finds that the harvesting nation is not in compliance
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with the International Dolphin Conservation Pro-
gram.
‘‘(e) EXEMPTION.—The provisions of this Act shall
not apply to a citizen of the United States who incidentally
takes any marine mammal during fishing operations out-
side the United States exclusive economic zone (as defined
in section 3(6) of the Magnuson Fishery Conservation and
Management Act (16 U.S.C. 1802(6))) when employed on
a foreign fishing vessel of a harvesting nation which is
in compliance with the International Dolphin Conservation
Program.’’.
(d) ANNUAL PERMITS.—Section 104(h) is amended
to read as follows:
‘‘(h) ANNUAL PERMITS.—(1) Consistent with the
regulations prescribed pursuant to section 103 and the re-
quirements of section 101, the Secretary may issue an an-
nual permit to a United States vessel for the taking of
such marine mammals, and shall issue regulations to cover
the use of any such annual permits.
‘‘(2) Annual permits described in paragraph (1) for
the incidental taking of marine mammals in the course
of commercial purse seine fishing for yellowfin tuna in the
eastern tropical Pacific Ocean shall be governed by section
304, subject to the regulations issued pursuant to section
302.’’.
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(e) REVISIONS
AND FUNDING SOURCES.—Section
108(a)(2) (16 U.S.C. 1378(a)(2)) is amended as follows:
(1) By striking ‘‘and’’ at the end of subpara-
graph (A).
(2) By adding at the end the following:
‘‘(C) discussions to expeditiously negotiate
revisions to the Convention for the Establish-
ment of an Inter-American Tropical Tuna Com-
mission (1 UST 230, TIAS 2044) which will in-
corporate conservation and management provi-
sions agreed to by the nations which have
signed the Declaration of Panama;
‘‘(D) a revised schedule of annual con-
tributions to the expenses of the Inter-American
Tropical Tuna Commission that is equitable to
participating nations; and
‘‘(E) discussions with those countries par-
ticipating or likely to participate in the Inter-
national Dolphin Conservation Program, to
identify alternative sources of funds to ensure
that needed research and other measures bene-
fiting effective protection of dolphins, other ma-
rine species, and the marine ecosystem;’’.
(f) REPEAL
OF NAS REVIEW.—Section 110 (16
U.S.C. 1380) is amended as follows:
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unless the tuna is considered dolphin safe under
paragraph (3).
‘‘(D) Tuna harvested by a vessel engaged in
any fishery identified by the Secretary pursuant to
paragraph (4) as having a regular and significant in-
cidental mortality of marine mammals.’’.
(h) DOLPHIN SAFE TUNA.—(1) Paragraph (2) of
section 901(d) of the Dolphin Protection Consumer Infor-
mation Act (16 U.S.C. 1385(d)(2)) is amended to read
as follows:
‘‘(2)(A) For purposes of paragraph (1)(B), a tuna
product that contains tuna harvested in the eastern tropi-
cal Pacific Ocean by a vessel using purse seine nets is dol-
phin safe if the vessel is of a type and size that the Sec-
retary has determined, consistent with the International
Dolphin Conservation Program, is not capable of deploy-
ing its purse seine nets on or to encircle dolphins, or if
the product meets the requirements of subparagraph (B).
‘‘(B) For purposes of paragraph (1)(B), a tuna prod-
uct that contains tuna harvested in the eastern tropical
Pacific Ocean by a vessel using purse seine nets is dolphin
safe if the product is accompanied by a written statement
executed by the captain of the vessel which harvested the
tuna certifying that no dolphins were killed during the sets
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in which the tuna were caught and the product is accom-
panied by a written statement executed by—
‘‘(i) the Secretary or the Secretary’s designee;
‘‘(ii) a representative of the Inter-American
Tropical Tuna Commission; or
‘‘(iii) an authorized representative of a partici-
pating nation whose national program meets the re-
quirements of the International Dolphin Conserva-
tion Program,
which states that there was an observer approved by the
International Dolphin Conservation Program on board the
vessel during the entire trip and documents that no dol-
phins were killed during the sets in which the tuna con-
cerned were caught.
‘‘(C) The statements referred to in clauses (i), (ii),
and (iii) of subparagraph (B) shall be valid only if they
are endorsed in writing by each exporter, importer, and
processor of the product, and if such statements and en-
dorsements comply with regulations promulgated by the
Secretary which would provide for the verification of tuna
products as dolphin safe.’’.
(2) Subsection (d) of section 901 of the Dolphin Pro-
tection Consumer Information Act (16 U.S.C. 1385(d)) is
amended by adding the following new paragraphs at the
end thereof:
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‘‘(3) For purposes of paragraph (1)(C), tuna or a
tuna product that contains tuna harvested outside the
eastern tropical Pacific Ocean by a vessel using purse
seine nets is dolphin safe if—
‘‘(A) it is accompanied by a written statement
executed by the captain of the vessel certifying that
no purse seine net was intentionally deployed on or
to encircle dolphins during the particular voyage on
which the tuna was harvested; or
‘‘(B) in any fishery in which the Secretary has
determined that a regular and significant association
occurs between marine mammals and tuna, it is ac-
companied by a written statement executed by the
captain of the vessel and an observer, certifying that
no purse seine net was intentionally deployed on or
to encircle marine mammals during the particular
voyage on which the tuna was harvested.
‘‘(4) For purposes of paragraph (1)(D), tuna or a
tuna product that contains tuna harvested in a fishery
identified by the Secretary as having a regular and signifi-
cant incidental mortality or serious injury of marine mam-
mals is dolphin safe if it is accompanied by a written state-
ment executed by the captain of the vessel and, where de-
termined to be practicable by the Secretary, an observer
participating in a national or international program ac-
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ceptable to the Secretary certifying that no marine mam-
mals were killed in the course of the fishing operation or
operations in which the tuna were caught.
‘‘(5) No tuna product may be labeled with any ref-
erence to dolphins, porpoises, or marine mammals, unless
such product is labeled as dolphin safe in accordance with
this subsection.’’.
(i) TRACKING AND VERIFICATION.—Subsection (f) of
section 901 of the Dolphin Protection Consumer Informa-
tion Act (16 U.S.C. 1385(f)) is amended to read as fol-
lows:
‘‘(f) TRACKING AND VERIFICATION.—The Secretary,
in consultation with the Secretary of the Treasury, shall
issue regulations to implement subsection (d) not later
than 3 months after the date of enactment of the Inter-
national Dolphin Conservation Program Act. In the devel-
opment of these regulations, the Secretary shall establish
appropriate procedures for ensuring the confidentiality of
proprietary information the submission of which is vol-
untary or mandatory. Such regulations shall, consistent
with international efforts and in coordination with the
Inter-American Tropical Tuna Commission, establish a
domestic and international tracking and verification pro-
gram that provides for the effective tracking of tuna la-
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beled under subsection (d), including but not limited to
each of the following:
‘‘(1) Specific regulations and provisions ad-
dressing the use of weight calculation for purposes
of tracking tuna caught, landed, processed, and ex-
ported.
‘‘(2) Additional measures to enhance observer
coverage if necessary.
‘‘(3) Well location and procedures for monitor-
ing, certifying, and sealing holds above and below
deck or other equally effective methods of tracking
and verifying tuna labeled under subsection (d).
‘‘(4) Reporting receipt of and database storage
of radio and facsimile transmittals from fishing ves-
sels containing information related to the tracking
and verification of tuna, and the definition of sets.
‘‘(5) Shore-based verification and tracking
throughout the transshipment and canning process
by means of Inter-American Tropical Tuna Commis-
sion trip records or otherwise.
‘‘(6) Provisions for annual audits and spot
checks for caught, landed, and processed tuna prod-
ucts labeled in accordance with subsection (d).
‘‘(7) The provision of timely access to data re-
quired under this subsection by the Secretary from
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harvesting nations to undertake the actions required
in paragraph (6) of this subsection.’’.
SEC. 5. AMENDMENTS TO TITLE III.
(a) HEADING.—The heading of title III is amended
to read as follows:
‘‘TITLE 
III—INTERNATIONAL
DOLPHIN 
CONSERVATION
PROGRAM’’.
(b) FINDINGS.—Section 301 (16 U.S.C. 1411) is
amended as follows:
(1) In subsection (a), by amending paragraph
(4) to read as follows:
‘‘(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.’’.
(2) In subsection (b), by amending paragraphs
(2) and (3) to read as follows:
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‘‘(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 that are
not operating in compliance with the International
Dolphin Conservation Program;’’.
(c) INTERNATIONAL DOLPHIN CONSERVATION PRO-
GRAM.—Section 302 (16 U.S.C. 1412) is amended to read
as follows:
‘‘SEC. 302. AUTHORITY OF THE SECRETARY.
‘‘(a) REGULATIONS TO IMPLEMENT PROGRAM REGU-
LATIONS.—(1) The Secretary shall issue regulations to
implement the International Dolphin Conservation Pro-
gram.
‘‘(2)(A) Not later than 3 months after the date of
enactment 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 of 1973 (16
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U.S.C. 1531 et seq.), by vessels of the United States par-
ticipating in the International Dolphin Conservation Pro-
gram.
‘‘(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 deployment of nets
on, or encirclement of, dolphins in violation of the
International Dolphin Conservation Program;
‘‘(iv) requiring the use of special equipment, in-
cluding dolphin safety panels in nets, monitoring de-
vices as identified by the International Dolphin Con-
servation Program, as practicable, to detect unsafe
fishing conditions before nets are deployed by a tuna
vessel, operable rafts, speedboats with towing bri-
dles, floodlights in operable condition, and diving
masks and snorkels;
‘‘(v) ensuring that the backdown procedure dur-
ing the deployment of nets on, or encirclement of,
dolphins is completed and rolling of the net to sack
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up has begun no later than 30 minutes after sun-
down;
‘‘(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 ac-
cordance with the International Dolphin Conserva-
tion Program;
‘‘(viii) preventing the intentional deployment of
nets on, or encirclement of, dolphins after reaching
either the vessel maximum annual dolphin mortality
limits, total dolphin mortality limits, or per-stock
per-year mortality limits;
‘‘(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 (including new
technology for detecting unsafe fishing conditions
before nets are deployed by a tuna vessel) that may
reduce or eliminate dolphin mortality or do not re-
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quire the encirclement of dolphins in the course of
commercial yellowfin tuna fishing;
‘‘(xi) authorizing fishing within the area cov-
ered by the International Dolphin Conservation Pro-
gram by vessels of the United States without the use
of special equipment or nets if the vessel takes an
observer and does not intentionally deploy nets on,
or encircle, dolphins, under such terms and condi-
tions as the Secretary may prescribe; and
‘‘(xii) 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.
‘‘(C) The Secretary may make such adjustments as
may be appropriate to the requirements of subparagraph
(B) that pertain to fishing gear, vessel equipment, and
fishing practices to the extent the adjustments are consist-
ent with the International Dolphin Conservation Program.
‘‘(b) CONSULTATION.—In developing regulations
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).
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‘‘(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 the Secretary’s findings, along with
recommendations to the Commission as to actions
necessary to reduce incidental mortality and serious
injury 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; and
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‘‘(B) shall remain in effect for the duration of
the applicable fishing year; and
The Secretary may terminate such emergency regulations
at a date earlier than that required by subparagraph (B)
by publication in the Federal Register of a notice of termi-
nation, 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. Such re-
search may include but shall not be limited to any of the
following:
‘‘(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
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mammals in connection with commercial purse seine
fishing in the eastern tropical Pacific Ocean.
‘‘(2) Developing cost-effective methods of fish-
ing for mature yellowfin tuna without deployment of
nets on, or encirclement of, dolphins or other marine
mammals.
‘‘(3) Carrying 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.
‘‘(4) Studying the effects of chase and encircle-
ment on the health and biology of dolphin and indi-
vidual dolphin populations incidentally taken in the
course of purse seine fishing for yellowfin tuna in
the eastern tropical Pacific Ocean. There are author-
ized to be appropriated to the Department of Com-
merce $1,000,000 to be used by the Secretary, act-
ing through the National Marine Fisheries Service,
to carry out this paragraph. Upon completion of the
study, the Secretary shall submit a report containing
the results of the study, together with recommenda-
tions, to the Congress and to the Inter-American
Tropical Tuna Commission.
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‘‘(5) Determining the extent to which the inci-
dental take of nontarget species, including juvenile
tuna, occurs in the course of purse seine fishing for
yellowfin 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 species.
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) REPORTS.—Section 303 (16 U.S.C. 1414) is
amended to read as follows:
‘‘SEC. 303. REPORTS BY THE SECRETARY.
‘‘Notwithstanding section 103(f), the Secretary shall
submit an annual report to the Congress which includes
each of the following:
‘‘(1) The results of research conducted pursu-
ant 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 other nontarget species.
‘‘(4) A description of the activities of the Inter-
national Dolphin Conservation Program and of the
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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 sub-
sections (a)(2)(B) and (d) of section 101.
‘‘(6) Copies of any relevant resolutions and de-
cisions of the Inter-American Tropical Tuna Com-
mission, and any regulations promulgated by the
Secretary under this title.
‘‘(7) Any other information deemed relevant by
the Secretary.’’.
(e) PERMITS.—Section 304 (16 U.S.C. 1416) is
amended to read as follows:
‘‘SEC. 304. PERMITS.
‘‘(a) IN GENERAL.—(1) Consistent with section 302,
the Secretary is authorized to 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 control-
ling 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—
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‘‘(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
issuing a permit under this section. The level of fees
charged under this paragraph may not exceed the adminis-
trative cost incurred in granting an authorization and is-
suing a permit. Fees collected under this paragraph shall
be available, subject to appropriations, to the Under Sec-
retary of Commerce for Oceans and Atmosphere for ex-
penses incurred in issuing permits under this section.
‘‘(3) After the effective date of the International Dol-
phin 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 is-
sued under this section.
‘‘(b) PERMIT
SANCTIONS.—(1) In any case in
which—
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‘‘(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—
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‘‘(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.’’.
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(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
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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.’’.
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SEC. 6. AMENDMENTS TO THE TUNA CONVENTIONS ACT OF
1950.
(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) GENERAL
ADVISORY
COMMITTEE
AND
SCI-
ENTIFIC ADVISORY SUBCOMMITTEE.—Section 4 of the
Tuna Conventions Act of 1950 (16 U.S.C. 953) is amend-
ed 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
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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
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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-
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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.’’.
(c) BYCATCH REDUCTION.—The Tuna Conventions
Act of 1950 (16 U.S.C. 951 et seq.) is amended by adding
at the end the following new section:
‘‘REDUCTION OF BYCATCH IN EASTERN TROPICAL
PACIFIC OCEAN
‘‘SEC. 15. The Secretary of State, acting through the
United States Commissioners, should take the necessary
steps to establish standards and measures for a bycatch
reduction program for vessels fishing for yellowfin tuna
in the eastern tropical Pacific Ocean. The program shall
include to the extent practicable—
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‘‘(1) that sea turtles and other threatened spe-
cies and endangered species are released alive, to the
maximum extent practicable;
‘‘(2) measures to reduce, to the maximum ex-
tent practicable, the harvest of nontarget species;
‘‘(3) measures to reduce, to the maximum ex-
tent practicable, the mortality of nontarget species;
and
‘‘(4) measures to reduce, to the maximum ex-
tent practicable, the mortality of juveniles of the tar-
get species.’’.
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. POLAR BEAR PERMITS.
Paragraph (5) of section 104(c) of the Marine Mam-
mal Protection Act of 1972 (16 U.S.C. 1374(c)(5)) is
amended as follows:
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(1) In subparagraph (A), by striking ‘‘, includ-
ing polar bears taken but not imported prior to the
date of enactment of the Marine Mammal Protection
Act Amendments of 1994,’’.
(2) By adding the following new subparagraph
at the end thereof:
‘‘(D) The Secretary of the Interior shall, expe-
ditiously after the expiration of the applicable 30-
day period under subsection (d)(2), issue a permit
for the importation of polar bear parts (other than
internal organs) from polar bears taken in sport
hunts in Canada before the date of enactment of the
Marine Mammal Protection Act Amendments of
1994, to each applicant who submits, with the per-
mit application, proof that the polar bear was legally
harvested in Canada by the applicant. The Secretary
shall issue such permits without regard to the provi-
sions of subparagraphs (A) and (C)(ii) of this para-
graph, subsection (d)(3) of this section, and sections
101 and 102. This subparagraph shall not apply to
polar bear parts that were imported before the effec-
tive date of this subparagraph’’.
SEC. 9. EFFECTIVE DATE.
(a) IN GENERAL.—Except as provided in subsection
(b), this Act and the amendments made by this Act shall