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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. International Dolphin Conservation Program.
‘‘Sec. 303. Regulatory authority of the Secretary.
‘‘Sec. 304. Research.
‘‘Sec. 305. Reports by the Secretary.
‘‘Sec. 306. Permits.
‘‘Sec. 307. Prohibitions.’’.
SEC. 7. AMENDMENTS TO THE TUNA CONVENTIONS ACT.
(a) Section 3(c) of the Tuna Conventions Act (16
U.S.C. 952(c)) is amended to read as follows:
‘‘(c) at least one shall be either the Administrator, or
an appropriate officer, of the National Marine Fisheries
Service; and’’.
(b) Section 4 of the Tuna Conventions Act (16 U.S.C.
953) is amended to read as follows:
‘‘SEC. 4. GENERAL ADVISORY COMMITTEE AND SCIENTIFIC
ADVISORY SUBCOMMITTEE.
‘‘(a) APPOINTMENTS; PUBLIC PARTICIPATION; COM-
PENSATION.—The Secretary, in consultation with the Unit-
ed 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;
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‘‘(2) appoint a Scientific Advisory Subcommittee
which shall be composed of not less than 5 nor more
than 15 qualified scientists with balanced representa-
tion from the public and private sectors, including
nongovernmental conservation organizations;
‘‘(3) establish procedures to provide for appro-
priate public participation and public meetings and
to provide for the confidentiality of confidential busi-
ness data; and
‘‘(4) fix the terms of office of the members of the
General Advisory Committee and Scientific Advisory
Subcommittee, who shall receive no compensation for
their services as such members.
‘‘(b) FUNCTIONS.—
‘‘(1) GENERAL ADVISORY COMMITTEE.—The Gen-
eral Advisory Committee shall be invited to have rep-
resentatives attend all nonexecutive meetings of the
United States sections and shall be given full oppor-
tunity to examine and to be heard on all proposed
programs of investigations, reports, recommendations,
and regulations of the Commission. The General Ad-
visory Committee may attend all meetings of the
international commissions to which they are invited
by such commissions.
‘‘(2) SCIENTIFIC ADVISORY SUBCOMMITTEE.—
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‘‘(A) ADVICE.—The Scientific Advisory
Subcommittee shall advise the General Advisory
Committee and the Commissioners on matters
including—
‘‘(i) the conservation of ecosystems;
‘‘(ii) the sustainable uses of living ma-
rine resources related to the tuna fishery in
the eastern Pacific Ocean; and
‘‘(iii) the long-term conservation and
management of stocks of living marine re-
sources in the eastern tropical Pacific
Ocean.
‘‘(B) 
OTHER
FUNCTIONS
AND
ASSIST-
ANCE.—The Scientific Advisory Subcommittee
shall, as requested by the General Advisory Com-
mittee, the United States Commissioners, or the
Secretary, perform functions and provide assist-
ance required by formal agreements entered into
by the United States for this fishery, including
the International Dolphin Conservation Pro-
gram. These functions may include—
‘‘(i) the review of data from the Pro-
gram, including data received from the
Inter-American Tropical Tuna Commission;
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‘‘(ii) recommendations on research
needs, including ecosystems, fishing prac-
tices, and gear technology research, includ-
ing the development and use of selective, en-
vironmentally safe and cost-effective fishing
gear, and on the coordination and facilita-
tion of such research;
‘‘(iii) recommendations concerning sci-
entific reviews and assessments required
under the Program and engaging, as appro-
priate, in such reviews and assessments;
‘‘(iv) consulting with other experts as
needed; and
‘‘(v) recommending measures to assure
the regular and timely full exchange of data
among the parties to the Program and each
nation’s National Scientific Advisory Com-
mittee (or its equivalent).
‘‘(3) ATTENDANCE AT MEETINGS.—The Scientific
Advisory Subcommittee shall be invited to have rep-
resentatives attend all nonexecutive meetings of the
United States sections and the General Advisory Sub-
committee and shall be given full opportunity to ex-
amine and to be heard on all proposed programs of
scientific investigation, scientific reports, and sci-
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entific recommendations of the commission. Rep-
resentatives of the Scientific Advisory Subcommittee
may attend meetings of the Inter-American Tropical
Tuna Commission in accordance with the rules of
such Commission.’’.
(c) BYCATCH REDUCTION.—The Tuna Conventions
Act (16 U.S.C. 951 et seq.) is amended by adding at the
end thereof the following:
‘‘SEC. 15. REDUCTION OF BYCATCH IN THE EASTERN TROPI-
CAL PACIFIC OCEAN.
‘‘The Secretary of State, in consultation with the Sec-
retary of Commerce and acting through the United States
Commissioners, shall seek, in cooperation with other na-
tions whose vessel fish for tuna in the eastern tropical Pa-
cific Ocean, to establish standards and measures for a
bycatch reduction program for vessels fishing for yellowfin
tuna in the eastern tropical Pacific Ocean. The bycatch re-
duction program shall include measures—
‘‘(1) to require, to the maximum extent prac-
ticable, that sea turtles and other threatened species
and endangered species are released alive;
‘‘(2) to reduce, to the maximum extent prac-
ticable, the harvest of nontarget species;
‘‘(3) to reduce, to the maximum extent prac-
ticable, the mortality of nontarget species; and
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‘‘(4) to reduce, to the maximum extent prac-
ticable, the mortality of juveniles of the target spe-
cies.’’.
SEC. 8. EFFECTIVE DATES.
(a) AMENDMENTS TO TAKE EFFECT WHEN IDCP IN
FORCE.—Sections 3 through 7 of this Act (except for section
304 of the Marine Mammal Protection Act of 1972 as added
by section 6 of this Act) shall become effective upon—
(1) certification by the Secretary of Commerce
that—
(A) sufficient funding is available to com-
plete the first year of the study required under
section 304(a) of the Marine Mammal Protection
Act of 1972, as so added; and
(B) the study has commenced; and
(2) certification by the Secretary of State to
Congress that a binding resolution of the Inter-Amer-
ican Tropical Tuna Commission or other legally
binding instrument establishing the International
Dolphin Conservation Program has been adopted and
is in force.
(b) SPECIAL
EFFECTIVE
DATE.—Notwithstanding
subsection (a), the Secretary of Commerce may issue regula-
tions under—
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(1) subsection (f)(2) of the Dolphin Protection
Consumer Information Act (16 U.S.C. 1385(f)(2)), as
added by section 5(b) of this Act;
(2) section 303(a) of the Marine Mammal Pro-
tection Act of 1972 (16 U.S.C. 1413(a)), as added by
section 6(c) of this Act,
at any time after the date of enactment of this Act.
Attest:
Secretary.
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