In the Senate of the United States,
July 30, 1997.
Resolved, That the bill from the House of Representa-
tives (H.R. 408) entitled ‘‘An Act to amend the Marine Mam-
mal Protection Act of 1972 to support the International Dol-
phin Conservation Program in the eastern tropical Pacific
Ocean, and for other purposes.’’, do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
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 provision,
the reference shall be considered to be made to a section or
other provision of the Marine Mammal Protection Act of
1972 (16 U.S.C. 1361 et seq.).
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SEC. 2. PURPOSES AND FINDINGS.
(a) PURPOSES.—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 Amer-
ica, Vanuatu, and Venezuela, including the establish-
ment of the International Dolphin Conservation Pro-
gram, 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
(3) to eliminate the ban on imports of tuna from
those nations that are in compliance with the Inter-
national Dolphin Conservation Program.
(b) FINDINGS.—The Congress finds that—
(1) the nations that fish for tuna in the eastern
tropical Pacific Ocean have achieved significant re-
ductions in dolphin mortality associated with the
purse seine fishery from hundreds of thousands annu-
ally to fewer than 5,000 annually;
(2) the provisions of the Marine Mammal Protec-
tion Act of 1972 that impose a ban on imports from
HR 408 EAS
nations that fish for tuna in the eastern tropical Pa-
cific Ocean have served as an incentive to reduce dol-
phin mortalities;
(3) tuna canners and processors of the United
States have led the canning and processing industry
in promoting a dolphin-safe tuna market; and
(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 yellowfin
tuna in the eastern tropical Pacific Ocean not exceed
5,000 animals, with the objective of progressively re-
ducing dolphin mortality to a level approaching zero
through the setting of annual limits and 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 Conserva-
tion Program’ means the international program es-
tablished by the agreement signed in LaJolla, Califor-
nia, in June, 1992, as formalized, modified, and en-
hanced in accordance with the Declaration of Pan-
ama.
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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) EXCEPTIONS TO MORATORIUM.—Section 101(a)(2)
(16 U.S.C. 1371(a)(2)) is amended—
(1) by inserting after the first sentence ‘‘Such
authorizations may be granted under title III with
respect to purse seine fishing for yellowfin tuna in the
eastern tropical Pacific Ocean, subject to regulations
prescribed under that title by the Secretary without
regard to section 103.’’; and
(2) by striking the semicolon in the second sen-
tence and all that follows through ‘‘practicable’’.
(b) DOCUMENTATION REQUIRED.—Section 101(a)(2)
(16 U.S.C. 1371(a)(2)) is further amended—
(1) by striking subparagraph (B) and inserting
the following:
‘‘(B) in the case of yellowfin tuna harvested
with purse seine nets in the eastern tropical Pa-
cific Ocean, and products therefrom, to be ex-
ported to the United States, shall require that the
government of the exporting nation provide docu-
mentary evidence that—
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‘‘(i)(I) the tuna or products therefrom
were not banned from importation under
this paragraph before the effective date of
section 4 of the International Dolphin Con-
servation Program Act; or
‘‘(II) the tuna or products therefrom
were harvested after the effective date of sec-
tion 4 of the International Dolphin Con-
servation Program Act by vessels of a na-
tion which participates in the International
Dolphin Conservation Program, and such
harvesting nation is either 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 arti-
cle V, paragraph 3 of the Convention estab-
lishing the Inter-American Tropical Tuna
Commission, to become a member of that or-
ganization;
‘‘(ii) such nation is meeting the obliga-
tions of the International Dolphin Con-
servation Program and the obligations of
membership in the Inter-American Tropical
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Tuna Commission, including all financial
obligations; and
‘‘(iii) the total dolphin mortality lim-
its, and per-stock per-year dolphin mortal-
ity limits permitted for that nation’s vessels
under the International Dolphin Conserva-
tion Program do not exceed the limits deter-
mined for 1997, or for any year thereafter,
consistent with the objective of progressively
reducing dolphin mortality to a level ap-
proaching zero through the setting of annual
limits and the goal of eliminating dolphin
mortality, and requirements of the Inter-
national Dolphin Conservation Program;’’;
(2) by redesignating subparagraphs (C), (D),
and (E) as subparagraphs (D), (E), and (F), respec-
tively;
(3) by inserting after subparagraph (B) the fol-
lowing:
‘‘(C) shall not accept such documentary evi-
dence if—
‘‘(i) the government of the harvesting
nation does not provide directly or author-
ize the Inter-American Tropical Tuna Com-
mission to release complete and accurate in-
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formation to the Secretary in a timely
manner—
‘‘(I) to allow determination of
compliance with the International Dol-
phin Conservation Program; and
‘‘(II) for the purposes of tracking
and verifying compliance with the
minimum requirements established by
the Secretary in regulations promul-
gated under subsection (f) of the Dol-
phin Protection Consumer Information
Act (16 U.S.C. 1385(f)); or
‘‘(ii) after taking into consideration
such information, findings of the Inter-
American Tropical Tuna Commission, and
any other relevant information, including
information that a nation is consistently
failing to take enforcement actions on viola-
tions which diminish the effectiveness of the
International Dolphin Conservation Pro-
gram, the Secretary, in consultation with
the Secretary of State, finds that the har-
vesting nation is not in compliance with the
International Dolphin Conservation Pro-
gram.’’; and
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(4) by striking ‘‘subparagraph (E)’’ in the mat-
ter after subparagraph (F), as redesignated by para-
graph (2) of this subsection, and inserting ‘‘subpara-
graph (F)’’.
(c) CERTAIN INCIDENTAL TAKINGS.—Section 101 (16
U.S.C. 1371) is further amended by adding at the end the
following new subsection:
‘‘(e) ACT NOT TO APPLY TO INCIDENTAL TAKINGS BY
UNITED STATES CITIZENS EMPLOYED ON FOREIGN VES-
SELS OUTSIDE THE UNITED STATES EEZ.—The provi-
sions of this Act shall not apply to a citizen of the United
States who incidentally takes any marine mammal during
fishing operations outside the United States exclusive eco-
nomic zone (as defined in section 3 of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C.
1802)) when employed on a foreign fishing vessel of a har-
vesting nation which is in compliance with the Inter-
national Dolphin Conservation Program.’’.
(d) PERMITS.—Section 104(h) (16 U.S.C. 1374(h)) is
amended to read as follows:
‘‘(h) GENERAL PERMITS.—
‘‘(1) Consistent with the regulations prescribed
pursuant to section 103 of this title and to the re-
quirements of section 101 of this title, the Secretary
may issue an annual permit to a United States purse
HR 408 EAS
seine fishing vessel for the taking of such marine
mammals, and shall issue regulations to cover the use
of any such annual permits.
‘‘(2) Such annual permits for the incidental tak-
ing 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
306 of this Act, subject to the regulations issued pur-
suant to section 303 of this Act.’’.
(e) 
INTERNATIONAL
NEGOTIATIONS.—Section
108(a)(2) (16 U.S.C. 1378(a)(2)) is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (A);
(2) by inserting after subparagraph (B) the fol-
lowing:
‘‘(C) negotiations to revise the Convention
for the Establishment of an Inter-American
Tropical Tuna Commission (1 U.S.T. 230; TIAS
2044) which will incorporate—
‘‘(i) the conservation and management
provisions agreed to by the nations which
have signed the Declaration of Panama and
in the Straddling Fish Stocks and Highly
Migratory 
Fish 
Stocks 
Agreement, 
as
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opened for signature on December 4, 1995;
and
‘‘(ii) a revised schedule of annual con-
tributions to the expenses of the Inter-Amer-
ican Tropical Tuna Commission that is eq-
uitable to participating nations; and
‘‘(D) discussions with those countries par-
ticipating, or likely to participate, in the Inter-
national Dolphin Conservation Program, for the
purpose of identifying sources of funds needed for
research and other measures promoting effective
protection of dolphins, other marine species, and
the marine ecosystem;’’.
(f) RESEARCH GRANTS.—Section 110(a) (16 U.S.C.
1380(a)) is amended—
(1) by striking ‘‘(1)’’ in paragraph (1); and
(2) by striking paragraph (2).
SEC. 
5. 
AMENDMENTS 
TO 
DOLPHIN 
PROTECTION
CONSUMER INFORMATION ACT.
(a) LABELING STANDARD.— Subsection (d) of the Dol-
phin Protection Consumer Information Act (16 U.S.C.
1385(d)) is amended to read as follows:
‘‘(d) LABELING STANDARD.—
‘‘(1) It is a violation of section 5 of the Federal
Trade Commission Act (15 U.S.C. 45) for any pro-
HR 408 EAS
ducer, 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
contained in the product were harvested using a
method of fishing that is not harmful to dolphins if
the product contains tuna harvested—
‘‘(A) on the high seas by a vessel engaged in
driftnet fishing;
‘‘(B) outside the eastern tropical Pacific
Ocean by a vessel using purse seine nets—
‘‘(i) in a fishery in which the Sec-
retary has determined that a regular and
significant association occurs between dol-
phins and tuna (similar to the association
between dolphins and tuna in the eastern
tropical Pacific Ocean), unless such product
is accompanied by a written statement, exe-
cuted by the captain of the vessel and an ob-
server participating in a national or inter-
national program acceptable to the Sec-
retary, certifying that no purse seine net
was intentionally deployed on or used to en-
circle dolphins during the particular voyage
HR 408 EAS
on which the tuna were caught and no dol-
phins were killed or seriously injured in the
sets in which the tuna were caught; or
‘‘(ii) in any other fishery (other than
a fishery described in subparagraph (D))
unless the product is accompanied by a
written statement executed by the captain of
the vessel certifying that no purse seine net
was intentionally deployed on or used to en-
circle dolphins during the particular voyage
on which the tuna was harvested;
‘‘(C) in the eastern tropical Pacific Ocean
by a vessel using a purse seine net unless the
tuna meet the requirements for being considered
dolphin safe under paragraph (2); or
‘‘(D) by a vessel in a fishery other than one
described in subparagraph (A), (B), or (C) that
is identified by the Secretary as having a regu-
lar and significant mortality or serious injury of
dolphins, unless such product is accompanied by
a written statement executed by the captain of
the vessel and an observer participating in a na-
tional or international program acceptable to the
Secretary that no dolphins were killed or seri-
ously injured in the sets or other gear deploy-
HR 408 EAS
ments in which the tuna were caught, provided
that the Secretary determines that such an ob-
server statement is necessary.
‘‘(2) For purposes of paragraph (1)(C), a tuna
product that contains tuna harvested in the eastern
tropical Pacific Ocean by a vessel using purse seine
nets is dolphin safe if—
‘‘(A) the vessel is of a type and size that the
Secretary has determined, consistent with the
International Dolphin Conservation Program, is
not capable of deploying its purse seine nets on
or to encircle dolphins; or
‘‘(B)(i) the product is accompanied by a
written statement executed by the captain pro-
viding the certification required under subsection
(h);
‘‘(ii) the product is accompanied by a writ-
ten 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 participating nation whose national pro-
HR 408 EAS
gram meets the requirements of the Inter-
national Dolphin Conservation Program,
which states that there was an observer approved
by the International Dolphin Conservation Pro-
gram on board the vessel during the entire trip
and that such observer provided the certification
required under subsection (h); 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 provide for the verification of tuna prod-
ucts as dolphin safe.
‘‘(3)(A) The Secretary of Commerce shall develop
an official mark that may be used to label tuna prod-
ucts as dolphin safe in accordance with this Act.
‘‘(B) A tuna product that bears the dolphin safe
mark developed under subparagraph (A) shall not
bear any other label or mark that refers to dolphins,
porpoises, or marine mammals.
‘‘(C) It is a violation of section 5 of the Federal
Trade Commission Act (15 U.S.C. 45) to label a tuna
HR 408 EAS
product with any label or mark that refers to dol-
phins, porpoises, or marine mammals other than the
mark developed under subparagraph (A) unless—
‘‘(i) no dolphins were killed or seriously in-
jured in the sets or other gear deployments in
which the tuna were caught;
‘‘(ii) the label is supported by a tracking
and verification program which is comparable in
effectiveness to the program established under
subsection (f); and
‘‘(iii) the label complies with all applicable
labeling, marketing, and advertising laws and
regulations of the Federal Trade Commission, in-
cluding any guidelines for environmental label-
ing.
‘‘(D) If the Secretary determines that the use of
a label referred to in subparagraph (C) is substan-
tially undermining the conservation goals of the
International Dolphin Conservation Program, the
Secretary shall report that determination to the Unit-
ed States Senate Committee on Commerce, Science,
and Transportation and the United States House of
Representatives Committees on Resources and on
Commerce, along with recommendations to correct
such problems.
HR 408 EAS
‘‘(E) It is a violation of section 5 of the Federal
Trade Commission Act (15 U.S.C. 45) willingly and
knowingly to use a label referred to in subparagraph
(C) in a campaign or effort to mislead or deceive con-
sumers about the level of protection afforded dolphins
under the International Dolphin Conservation Pro-
gram.’’.
(b) TRACKING REGULATIONS.—Subsection (f) of the
Dolphin Protection Consumer Information Act (16 U.S.C.
1385(f)) is amended to read as follows:
‘‘(f) REGULATIONS.—The Secretary, in consultation
with the Secretary of the Treasury, shall issue regulations
to implement this Act, including regulations to establish a
domestic tracking and verification program that provides
for the effective tracking of tuna labeled under subsection
(d). In the development of these regulations, the Secretary
shall establish appropriate procedures for ensuring the con-
fidentiality of proprietary information the submission of
which is voluntary or mandatory. The regulations shall ad-
dress each of the following items:
‘‘(1) The use of weight calculation for purposes
of tracking tuna caught, landed, processed, and ex-
ported.
‘‘(2) Additional measures to enhance current ob-
server coverage, including the establishment of criteria
HR 408 EAS
for training, and for improving monitoring and re-
porting capabilities and procedures.
‘‘(3) The designation of well location, procedures
for sealing holds, procedures for monitoring and cer-
tifying both above and below deck, or through equally
effective methods, the tracking and verification of
tuna labeled under subsection (d).
‘‘(4) The reporting, receipt, 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 set.
‘‘(5) The shore-based verification and tracking
throughout the fishing, transshipment, and canning
process by means of Inter-American Tropical Tuna
Commission trip records or otherwise.
‘‘(6) The use of periodic audits and spot checks
for caught, landed, and processed tuna products la-
beled in accordance with subsection (d).
‘‘(7) The provision of timely access to data re-
quired under this subsection by the Secretary from
harvesting nations to undertake the actions required
in paragraph (6) of this paragraph.
The Secretary may make such adjustments as may be ap-
propriate to the regulations promulgated under this sub-
section to implement an international tracking and ver-
HR 408 EAS
ification program that meets or exceeds the minimum re-
quirements established by the Secretary under this sub-
section.’’.
(c) FINDINGS CONCERNING IMPACT
ON DEPLETED
STOCKS.—The Dolphin Protection Consumer Information
Act (16 U.S.C. 1385) is amended by striking subsections
(g), (h), and (i) and inserting the following:
‘‘(g) SECRETARIAL FINDINGS.—(1) Between March 1,
1999, and March 31, 1999, the Secretary shall, on the basis
of the research conducted before March 1, 1999, under sec-
tion 304(a) of the Marine Mammal Protection Act of 1972,
information obtained under the International Dolphin Con-
servation Program, and any other relevant information,
make an initial finding regarding whether the intentional
deployment on or encirclement of dolphins with purse seine
nets is having a significant adverse impact on any depleted
dolphin stock in the eastern tropical Pacific Ocean. The ini-
tial finding shall be published immediately in the Federal
Register and shall become effective upon a subsequent date
determined by the Secretary.
‘‘(2) Between July 1, 2001, and December 31, 2002,
the Secretary shall, on the basis of the completed study con-
ducted under section 304(a) of the Marine Mammal Protec-
tion Act of 1972, information obtained under the Inter-
national Dolphin Conservation Program, and any other
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relevant information, make a finding regarding whether the
intentional deployment on or encirclement of dolphins with
purse seine nets is having a significant adverse impact on
any depleted dolphin stock in the eastern tropical Pacific
Ocean. The finding shall be published immediately in the
Federal Register and shall become effective upon a subse-
quent date determined by the Secretary.
‘‘(h) CERTIFICATION BY CAPTAIN AND OBSERVER.—
‘‘(1) Unless otherwise required by paragraph (2),
the certification by the captain under subsection
(d)(2)(B)(i) and the certification provided by the ob-
server as specified in subsection (d)(2)(B)(ii) shall be
that no dolphins were killed or seriously injured dur-
ing the sets in which the tuna were caught.
‘‘(2) The certification by the captain under sub-
section (d)(2)(B)(i) and the certification provided by
the observer as specified under subsection (d)(2)(B)(ii)
shall be that no tuna were caught on the trip in
which such tuna were harvested using a purse seine
net intentionally deployed on or to encircle dolphins,
and that no dolphins were killed or seriously injured
during the sets in which the tuna were caught, if the
tuna were caught on a trip commencing—
‘‘(A) before the effective date of the initial
finding by the Secretary under subsection (g)(1);
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‘‘(B) after the effective date of such initial
finding and before the effective date of the find-
ing of the Secretary under subsection (g)(2),
where the initial finding is that the intentional
deployment on or encirclement of dolphins is
having a significant adverse impact on any de-
pleted dolphin stock; or
‘‘(C) after the effective date of the finding
under subsection (g)(2), where such finding is
that the intentional deployment on or encircle-
ment of dolphins is having a significant adverse
impact on any such depleted stock.’’.
SEC. 6. AMENDMENTS TO TITLE III.
(a) CHANGE OF TITLE HEADING.—The heading of title
III is amended to read as follows:
‘‘TITLE III—INTERNATIONAL DOLPHIN
CONSERVATION PROGRAM’’.
(b) ADDITIONAL FINDINGS.—Section 301 (16 U.S.C.
1411) is amended—
(1) by striking paragraph (4) of subsection (a)
and inserting the following:
‘‘(4) Nations harvesting yellowfin tuna in the
eastern tropical Pacific Ocean have demonstrated
their willingness to participate in appropriate multi-
lateral agreements to reduce dolphin mortality pro-
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gressively to a level approaching zero through the set-
ting of annual limits, with the goal of eliminating
dolphin mortality in that fishery. Recognition of the
International Dolphin Conservation Program will as-
sure that the existing trend of reduced dolphin mor-
tality continues; that individual stocks of dolphins
are adequately protected; and that the goal of elimi-
nating all dolphin mortality continues to be a prior-
ity.’’; and
(2) by striking paragraphs (2) and (3) of sub-
section (b) and inserting the following:
‘‘(2) support the International Dolphin Con-
servation Program and efforts within the Program to
reduce, with the goal of eliminating, the mortality re-
ferred to in paragraph (1);
‘‘(3) ensure that the market of the United States
does not act as an incentive to the harvest of tuna
caught with driftnets or caught by purse seine vessels
in the eastern tropical Pacific Ocean not operating in
compliance with the International Dolphin Conserva-
tion Program;’’.
(c) Title III (16 U.S.C. 1411 et seq.) is amended by
striking sections 302 through 306 (16 U.S.C. 1412 through
1416) and inserting the following:
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‘‘SEC. 302. INTERNATIONAL DOLPHIN CONSERVATION PRO-
GRAM.
‘‘The Secretary of State, in consultation with the Sec-
retary, shall seek to secure a binding international agree-
ment to establish an International Dolphin Conservation
Program that requires—
‘‘(1) that the total annual dolphin mortality in
the purse seine fishery for yellowfin tuna in the east-
ern tropical Pacific Ocean shall not exceed 5,000 ani-
mals with a commitment and objective to progres-
sively reduce dolphin mortality to a level approaching
zero through the setting of annual limits;
‘‘(2) the establishment of a per-stock per-year
dolphin mortality limit, to be in effect through cal-
endar year 2000, at a level between 0.2 percent and
0.1 percent of the minimum population estimate, as
calculated, revised, or approved by the Secretary;
‘‘(3) the establishment of a per-stock per-year
dolphin mortality limit, beginning with the calendar
year 2001, at a level less than or equal to 0.1 percent
of the minimum population estimate as calculated,
revised, or approved by the Secretary;
‘‘(4) that if a dolphin mortality limit is exceeded
under—
‘‘(A) paragraph (1), all sets on dolphins
shall cease for the applicable fishing year; and
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‘‘(B) paragraph (2) or (3), all sets on the
stocks covered under paragraph (2) or (3) and
any mixed schools that contain any of those
stocks shall cease for the applicable fishing year;
‘‘(5) a scientific review and assessment to be con-
ducted in calendar year 1998 to—
‘‘(A) assess progress in meeting the objec-
tives set for calendar year 2000 under paragraph
(2); and
‘‘(B) as appropriate, consider recommenda-
tions for meeting these objectives;
‘‘(6) a scientific review and assessment to be con-
ducted in calendar year 2000—
‘‘(A) to review the stocks covered under
paragraph (3); and
‘‘(B) as appropriate to consider rec-
ommendations to further the objectives set under
that paragraph;
‘‘(7) the establishment of a per vessel maximum
annual dolphin mortality limit consistent with the es-
tablished per-year mortality limits, as determined
under paragraphs (1) through (3); and
‘‘(8) the provision of a system of incentives to
vessel captains to continue to reduce dolphin mortal-
ity, with the goal of eliminating dolphin mortality.
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‘‘SEC. 303. REGULATORY AUTHORITY OF THE SECRETARY.
‘‘(a) REGULATIONS.—
‘‘(1) The Secretary shall issue regulations, and
revise those regulations as may be appropriate, to im-
plement the International Dolphin Conservation Pro-
gram.
‘‘(2)(A) The Secretary shall issue regulations to
authorize and govern the taking of marine mammals
in the eastern tropical Pacific Ocean, including any
species of marine mammal designated as depleted
under this Act but not listed as endangered or threat-
ened under the Endangered Species Act (16 U.S.C.
1531 et seq.), by vessels of the United States partici-
pating in the International Dolphin Conservation
Program.
‘‘(B) Regulations issued under this section shall
include provisions—
‘‘(i) requiring observers on each vessel;
‘‘(ii) requiring use of the backdown proce-
dure or other procedures equally or more effective
in avoiding mortality of, or serious injury to,
marine mammals in fishing operations;
‘‘(iii) prohibiting intentional sets on stocks
and schools in accordance with the International
Dolphin Conservation Program;
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‘‘(iv) requiring the use of special equipment,
including dolphin safety panels in nets, monitor-
ing devices as identified by the International
Dolphin Conservation Program to detect unsafe
fishing conditions that may cause high inciden-
tal dolphin mortality before nets are deployed by
a tuna vessel, operable rafts, speedboats with
towing bridles, floodlights in operable condition,
and diving masks and snorkels;
‘‘(v) ensuring that the backdown procedure
during sets of purse seine net on marine mam-
mals is completed and rolling of the net to sack
up has begun no later than 30 minutes before
sundown;
‘‘(vi) banning the use of explosive devices in
all purse seine operations;
‘‘(vii) establishing per vessel maximum an-
nual dolphin mortality limits, total dolphin
mortality limits and per-stock per-year mortal-
ity limits in accordance with the International
Dolphin Conservation Program;
‘‘(viii) preventing the making of intentional
sets on dolphins after reaching either the vessel
maximum annual dolphin mortality limits, total
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phin Conservation Program with respect to ves-
sels of the United States.
‘‘(C) ADJUSTMENTS
TO
REQUIREMENTS.—The
Secretary may make such adjustments as may be ap-
propriate to requirements of subparagraph (B) that
pertain to fishing gear, vessel equipment, and fishing
practices to the extent the adjustments are consistent
with the International Dolphin Conservation Pro-
gram.
‘‘(b) CONSULTATION.—In developing any regulation
under this section, the Secretary shall consult with the Sec-
retary of State, the Marine Mammal Commission, and the
United States Commissioners to the Inter-American Tropi-
cal Tuna Commission appointed under section 3 of the
Tuna Conventions Act of 1950 (16 U.S.C. 952).
‘‘(c) EMERGENCY REGULATIONS.—
‘‘(1) If the Secretary determines, on the basis of
the best scientific information available (including re-
search conducted under section 304 and information
obtained under the International Dolphin Conserva-
tion Program) that the incidental mortality and seri-
ous injury of marine mammals authorized under this
title is having, or is likely to have, a significant ad-
verse impact on a marine mammal stock or species,
the Secretary shall—
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‘‘(A) notify the Inter-American Tropical
Tuna Commission of his or her determination,
along with recommendations to the Commission
as to actions necessary to reduce incidental mor-
tality and serious injury and mitigate such ad-
verse impact; and
‘‘(B) prescribe emergency regulations to re-
duce incidental mortality and serious injury and
mitigate such adverse impact.
‘‘(2) Before taking action under subparagraph
(A) or (B) of paragraph (1), the Secretary shall con-
sult 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 Reg-
ister, 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 Sec-
retary determines that the reasons for the emer-
gency action no longer exist.
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‘‘(4) If the Secretary finds that the incidental
mortality and serious injury of marine mammals in
the yellowfin tuna fishery in the eastern tropical Pa-
cific Ocean is continuing to have a significant ad-
verse impact on a stock or species, the Secretary may
extend the emergency regulations for such additional
periods as may be necessary.
‘‘(5) Within 120 days after the Secretary notifies
the United States Commissioners to the Inter-Amer-
ican Tropical Tuna Commission of the Secretary’s de-
termination 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 de-
termination. The Commissioners shall report the re-
sults of the special meeting in writing to the Sec-
retary 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 Conservation Program to
reduce the incidental mortality and serious in-
jury and measures to mitigate the adverse im-
pact on the marine mammal species or stock;
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‘‘(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 con-
sultation with the Marine Mammal Commission and
the Inter-American Tropical Tuna Commission, con-
duct a study of the effect of intentional encirclement
(including chase) on dolphins and dolphin stocks in-
cidentally 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 de-
scribed in paragraph (2) and stress studies as de-
scribed in paragraph (3), and shall address the ques-
tion of whether such encirclement is having a signifi-
cant 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
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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 subsection shall include—
‘‘(A) a review of relevant stress-related re-
search 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 dol-
phins and dolphin stocks referred to in para-
graph (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 pub-
lishing the finding under subsection (g)(2) of the Dol-
phin Protection Consumer Information Act, the Sec-
retary 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 Commerce, and to the Inter-American Tropi-
cal Tuna Commission.
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‘‘(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 Com-
mission and in cooperation with the nations partici-
pating in the International Dolphin Conservation
Program and the Inter-American Tropical Tuna
Commission, undertake or support appropriate sci-
entific research to further the goals of the Inter-
national Dolphin Conservation 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 seri-
ous injury of marine mammals in connection
with commercial purse seine fishing in the east-
ern tropical Pacific Ocean;
‘‘(B) projects to develop cost-effective meth-
ods of fishing for mature yellowfin tuna without
setting nets on dolphins or other marine mam-
mals;
‘‘(C) projects to carry out stock assessments
for those marine mammal species and marine
mammal stocks taken in the purse seine fishery
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for yellowfin tuna in the eastern tropical Pacific
Ocean, including species or stocks not within wa-
ters 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 yellowfin tuna in the east-
ern tropical Pacific Ocean, the geographic loca-
tion of the incidental take, and the impact of
that incidental take on tuna stocks and nontar-
get species.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) There are authorized to be appropriated to
the Secretary the following amounts, to be used by the
Secretary to carry out the research described in sub-
section (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
appropriated under paragraph (1), there are author-
ized to be appropriated to the Secretary for carrying
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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 yellow-
fin 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 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 deci-
sions of the Inter-American Tropical Tuna Commis-
sion, and any regulations promulgated by the Sec-
retary under this title; and
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‘‘(7) any other information deemed relevant by
the Secretary.
‘‘SEC. 306. PERMITS.
‘‘(a) IN GENERAL.—
‘‘(1) Consistent with the regulations issued pur-
suant to section 303, the Secretary shall issue a per-
mit to a vessel of the United States authorizing par-
ticipation in the International Dolphin Conservation
Program and may require a permit for the person ac-
tually in charge of and controlling the fishing oper-
ation of the vessel. The Secretary shall prescribe such
procedures as are necessary to carry out this sub-
section, including requiring the submission of—
‘‘(A) the name and official number or other
identification of each fishing vessel for which a
permit is sought, together with the name and ad-
dress of the owner thereof; and
‘‘(B) the tonnage, hold capacity, speed,
processing equipment, and type and quantity of
gear, including an inventory of special equip-
ment required under section 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
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paragraph may not exceed the administrative cost in-
curred 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 authorizations 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 fish-
ery 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 ves-
sel 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 im-
posed on a vessel, owner or operator of a vessel,
or other person who has applied for or been is-
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sued 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
appropriate;
‘‘(iii) deny such permit; or
‘‘(iv) impose additional conditions or
restrictions on any permit issued to, or ap-
plied for by, any such vessel or person
under this section.
‘‘(2) In imposing a sanction under this sub-
section, the Secretary shall take into account—
‘‘(A) the nature, circumstances, extent, and
gravity of the prohibited acts for which the sanc-
tion 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
otherwise, shall not extinguish any permit sanction
that is in effect or is pending at the time of transfer
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of ownership. Before executing the transfer of owner-
ship of a vessel, by sale or otherwise, the owner shall
disclose in writing to the prospective transferee the ex-
istence 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 pay-
ment 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, transport, 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 compli-
ance with the International Dolphin Conservation
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Program by a country that is a member of the Inter-
American Tropical Tuna Commission or has initi-
ated and within 6 months thereafter completed all
steps required of applicant nations in accordance
with Article V, paragraph 3 of the Convention estab-
lishing the Inter-American Tropical Tuna Commis-
sion, 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 tropi-
cal 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 im-
posed under section 101(a)(2);’’;
(2) by inserting ‘‘(a)(5) or’’ before ‘‘(a)(6)’’ in
subsection (b)(2); and
(3) by striking subsection (d).
(e) Section 308 (16 U.S.C. 1418) is repealed.
(f) CLERICAL AMENDMENTS.—The table of contents in
the first section of the Marine Mammal Protection Act of