H. R. 408
One Hundred Fifth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, one thousand nine hundred and ninety-seven
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 purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCES.
(a) SHORT TITLE.—This Act may be cited as the ‘‘International
Dolphin Conservation Program Act’’.
(b) REFERENCES TO MARINE MAMMAL PROTECTION ACT.—Except
as otherwise expressly provided, whenever in this Act an amend-
ment or repeal is expressed in terms of an amendment to, or
repeal of, a section or other provision, the reference shall be consid-
ered to be made to a section or other provision of the Marine
Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.).
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 America, Vanuatu, and Venezuela, including
the establishment of the International Dolphin Conservation
Program, relating to the protection of dolphins and other spe-
cies, 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 significant 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 International 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 reductions in dolphin
mortality associated with the purse seine fishery from hundreds
of thousands annually to fewer than 5,000 annually;
(2) the provisions of the Marine Mammal Protection Act
of 1972 that impose a ban on imports from nations that fish
for tuna in the eastern tropical Pacific Ocean have served
as an incentive to reduce 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; and
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(4) 12 signatory nations to the Declaration of Panama,
including the United States, agreed under that Declaration
to require that the total annual dolphin mortality in the purse
seine fishery for yellowfin tuna in the eastern tropical Pacific
Ocean not exceed 5,000 animals, with the objective of progres-
sively reducing 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 Conservation Pro-
gram’ means the international program established by the
agreement signed in LaJolla, California, in June, 1992, as
formalized, modified, and enhanced in accordance with the
Declaration of Panama.
‘‘(29) The term ‘Declaration of Panama’ means the declara-
tion 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 authoriza-
tions 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 sentence 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 Pacific Ocean, and prod-
ucts therefrom, to be exported to the United States, shall
require that the government of the exporting nation provide
documentary evidence that—
‘‘(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 Dol-
phin Conservation Program Act; or
‘‘(II) 
the 
tuna 
or 
products 
therefrom 
were
harvested after the effective date of section 4 of the
International Dolphin Conservation Program Act by
vessels of a nation which participates in the Inter-
national 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 establishing the
Inter-American Tropical Tuna Commission, to become
a member of that organization;
‘‘(ii) such nation is meeting the obligations of the
International Dolphin Conservation Program and the
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obligations of membership in the Inter-American
Tropical Tuna Commission, including all financial
obligations; and
‘‘(iii) the total dolphin mortality limits, and per-
stock per-year dolphin mortality limits permitted for
that nation’s vessels under the International Dolphin
Conservation 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 approaching 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), respectively;
(3) by inserting after subparagraph (B) the following:
‘‘(C) shall not accept such documentary evidence if—
‘‘(i) the government of the harvesting nation does
not provide directly or authorize the Inter-American
Tropical Tuna Commission to release complete and
accurate information to the Secretary in a timely
manner—
‘‘(I) to allow determination of compliance with
the International Dolphin Conservation Program;
and
‘‘(II) for the purposes of tracking and verifying
compliance with the minimum requirements estab-
lished by the Secretary in regulations promulgated
under subsection (f) of the Dolphin Protection
Consumer Information Act (16 U.S.C. 1385(f)); or
‘‘(ii) after taking into consideration such informa-
tion, findings of the Inter-American Tropical Tuna
Commission, and any other relevant information,
including information that a nation is consistently fail-
ing to take enforcement actions on violations which
diminish the effectiveness of the International Dolphin
Conservation Program, the Secretary, in consultation
with the Secretary of State, finds that the harvesting
nation is not in compliance with the International Dol-
phin Conservation Program.’’; and
(4) by striking ‘‘subparagraph (E)’’ in the matter after
subparagraph (F), as redesignated by paragraph (2) of this
subsection, and inserting ‘‘subparagraph (F)’’.
(c) CERTAIN INCIDENTAL TAKINGS.—Section 101 (16 U.S.C. 1371)
is further amended by adding at the end the following new sub-
section:
‘‘(e) ACT NOT TO APPLY TO INCIDENTAL TAKINGS BY UNITED
STATES CITIZENS EMPLOYED
ON FOREIGN VESSELS OUTSIDE
THE
UNITED STATES EEZ.—The provisions 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 exclu-
sive economic 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 harvesting nation which
is in compliance with the International Dolphin Conservation Pro-
gram.’’.
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(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 requirements of section
101 of this title, the Secretary may issue an annual permit
to a United States purse 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 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 306 of this Act, subject to the regulations
issued pursuant 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 subparagraph (A);
(2) by inserting after subparagraph (B) the following:
‘‘(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 incor-
porate—
‘‘(i) the conservation and management provisions
agreed to by the nations which have signed the Dec-
laration of Panama and in the Straddling Fish Stocks
and Highly Migratory Fish Stocks Agreement, as
opened for signature on December 4, 1995; and
‘‘(ii) a revised schedule of annual contributions
to the expenses of the Inter-American Tropical Tuna
Commission that is equitable to participating nations;
and
‘‘(D) discussions with those countries participating, or
likely to participate, in the International Dolphin Conserva-
tion 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 Dolphin Protec-
tion 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 producer, importer,
exporter, distributor, or seller of any tuna product that is
exported from or offered for sale in the United States to include
on the label of that product the term ‘dolphin safe’ or any
other term or symbol that falsely claims or suggests that the
tuna contained in the product were harvested using a method
of fishing that is not harmful to dolphins if the product contains
tuna harvested—
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‘‘(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 Secretary has deter-
mined that a regular and significant association occurs
between dolphins 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, executed by the captain of
the vessel and an observer participating in a national
or international program acceptable to the Secretary,
certifying that no purse seine net was intentionally
deployed on or used to encircle dolphins during the
particular voyage on which the tuna were caught and
no dolphins 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 encircle
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 require-
ments 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 regular and significant mortality
or serious injury of dolphins, unless such product is accom-
panied by a written statement executed by the captain
of the vessel and an observer participating in a national
or international program acceptable to the Secretary that
no dolphins were killed or seriously injured in the sets
or other gear deployments in which the tuna were caught,
provided that the Secretary determines that such an
observer 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 state-
ment executed by the captain providing the certification
required under subsection (h);
‘‘(ii) the product is accompanied by a written statement
executed by—
‘‘(I) the Secretary or the Secretary’s designee;
‘‘(II) a representative of the Inter-American Tropi-
cal Tuna Commission; or
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‘‘(III) an authorized representative of a participat-
ing nation whose national program meets the require-
ments of the International Dolphin Conservation
Program,
which states that there was an observer approved by the
International Dolphin Conservation Program on board the
vessel during the entire trip and that such observer pro-
vided the certification required under subsection (h); and
‘‘(iii) the statements referred to in clauses (i) and (ii)
are endorsed in writing by each exporter, importer, and
processor of the product; and
‘‘(C) the written statements and endorsements referred
to in subparagraph (B) comply with regulations promul-
gated by the Secretary which provide for the verification
of tuna products as dolphin safe.
‘‘(3)(A) The Secretary of Commerce shall develop an official
mark that may be used to label tuna products 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 product with
any label or mark that refers to dolphins, porpoises, or marine
mammals other than the mark developed under subparagraph
(A) unless—
‘‘(i) no dolphins were killed or seriously injured in
the sets or other gear deployments in which the tuna
were caught;
‘‘(ii) the label is supported by a tracking and verifica-
tion 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, including any guidelines for
environmental labeling.
‘‘(D) If the Secretary determines that the use of a label
referred to in subparagraph (C) is substantially undermining
the conservation goals of the International Dolphin Conserva-
tion Program, the Secretary shall report that determination
to the United States Senate Committee on Commerce, Science,
and Transportation and the United States House of Representa-
tives Committees on Resources and on Commerce, along with
recommendations to correct such problems.
‘‘(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 consumers about the level of
protection afforded dolphins under the International Dolphin
Conservation Program.’’.
(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 Sec-
retary of the Treasury, shall issue regulations to implement this
Act, including regulations to establish a domestic tracking and
H. R. 408—7
verification program that provides for the effective tracking of tuna
labeled under subsection (d). In the development of these regula-
tions, the Secretary shall establish appropriate procedures for
ensuring the confidentiality of proprietary information the submis-
sion of which is voluntary or mandatory. The regulations shall
address each of the following items:
‘‘(1) The use of weight calculation for purposes of tracking
tuna caught, landed, processed, and exported.
‘‘(2) Additional measures to enhance current observer
coverage, including the establishment of criteria for training,
and for improving monitoring and reporting capabilities and
procedures.
‘‘(3) The designation of well location, procedures for sealing
holds, procedures for monitoring and certifying 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 vessels 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 labeled in accordance with
subsection (d).
‘‘(7) The provision of timely access to data required under
this subsection by the Secretary from harvesting nations to
undertake the actions required in paragraph (6) of this para-
graph.
The Secretary may make such adjustments as may be appropriate
to the regulations promulgated under this subsection to implement
an international tracking and verification program that meets or
exceeds the minimum requirements established by the Secretary
under this subsection.’’.
(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 section 304(a) of the Marine
Mammal Protection Act of 1972, information obtained under the
International Dolphin Conservation Program, and any other rel-
evant 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 initial
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 conducted
under section 304(a) of the Marine Mammal Protection Act of 1972,
information obtained under the International Dolphin Conservation
Program, and any other relevant information, make a finding
H. R. 408—8
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 subsequent date deter-
mined by the Secretary.
‘‘(h) CERTIFICATION BY CAPTAIN AND OBSERVER.—
‘‘(1) Unless otherwise required by paragraph (2), the certifi-
cation by the captain under subsection (d)(2)(B)(i) and the cer-
tification provided by the observer as specified in subsection
(d)(2)(B)(ii) shall be that no dolphins were killed or seriously
injured during the sets in which the tuna were caught.
‘‘(2) The certification by the captain under subsection
(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);
‘‘(B) after the effective date of such initial finding and
before the effective date of the finding 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 depleted
dolphin stock; or
‘‘(C) after the effective date of the finding under sub-
section (g)(2), where such finding is that the intentional
deployment on or encirclement 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 multilateral agreements to reduce
dolphin mortality progressively to a level approaching zero
through the setting of annual limits, with the goal of eliminat-
ing dolphin mortality in that fishery. Recognition of the Inter-
national Dolphin Conservation Program will assure that the
existing trend of reduced dolphin mortality continues; that
individual stocks of dolphins are adequately protected; and
that the goal of eliminating all dolphin mortality continues
to be a priority.’’; and
(2) by striking paragraphs (2) and (3) of subsection (b)
and inserting the following:
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‘‘(2) support the International Dolphin Conservation Pro-
gram and efforts within the Program to reduce, with the goal
of eliminating, the mortality referred to in paragraph (1);
‘‘(3) ensure that the market of the United States does
not act as an incentive to the harvest of tuna caught with
driftnets or caught by purse seine vessels in the eastern tropical
Pacific Ocean not operating in compliance with the Inter-
national Dolphin Conservation 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 insert-
ing the following:
‘‘SEC. 302. INTERNATIONAL DOLPHIN CONSERVATION PROGRAM.
‘‘The Secretary of State, in consultation with the Secretary,
shall seek to secure a binding international agreement 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 eastern tropical Pacific
Ocean shall not exceed 5,000 animals with a commitment and
objective to progressively 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 calendar 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
‘‘(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 conducted
in calendar year 1998 to—
‘‘(A) assess progress in meeting the objectives set for
calendar year 2000 under paragraph (2); and
‘‘(B) as appropriate, consider recommendations for
meeting these objectives;
‘‘(6) a scientific review and assessment to be conducted
in calendar year 2000—
‘‘(A) to review the stocks covered under paragraph
(3); and
‘‘(B) as appropriate to consider recommendations to
further the objectives set under that paragraph;
‘‘(7) the establishment of a per vessel maximum annual
dolphin mortality limit consistent with the established per-
year mortality limits, as determined under paragraphs (1)
through (3); and
‘‘(8) the provision of a system of incentives to vessel cap-
tains to continue to reduce dolphin mortality, 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 implement the Inter-
national Dolphin Conservation Program.
‘‘(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 endan-
gered or threatened under the Endangered Species Act (16
U.S.C. 1531 et seq.), by vessels of the United States participat-
ing 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 procedure or other
procedures equally or more effective in avoiding mortality
of, or serious injury to, marine mammals in fishing oper-
ations;
‘‘(iii) prohibiting intentional sets on stocks and schools
in accordance with the International Dolphin Conservation
Program;
‘‘(iv) requiring the use of special equipment, including
dolphin safety panels in nets, monitoring devices as identi-
fied by the International Dolphin Conservation Program
to detect unsafe fishing conditions that may cause high
incidental dolphin mortality 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 during sets
of purse seine net on marine mammals 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 annual dolphin
mortality limits, total dolphin mortality limits and
per-stock per-year mortality 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 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 that may reduce or eliminate dolphin
mortality or serious injury do not require the encirclement
of dolphins in the course of commercial yellowfin tuna
fishing;
‘‘(xi) authorizing fishing within the area covered by
the International Dolphin Conservation Program by vessels
of the United States without the use of special equipment
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or nets if the vessel takes an observer and does not inten-
tionally deploy nets on, or encircle, dolphins, under such
terms and conditions as the Secretary may prescribe; and
‘‘(xii) containing such other restrictions and require-
ments as the Secretary determines are necessary to
implement the International Dolphin Conservation Pro-
gram with respect to vessels of the United States.
‘‘(C) ADJUSTMENTS TO REQUIREMENTS.—The Secretary may
make such adjustments as may be appropriate to requirements
of subparagraph (B) that pertain to fishing gear, vessel equip-
ment, 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 Secretary of State,
the Marine Mammal Commission, and the United States Commis-
sioners to the Inter-American Tropical Tuna Commission appointed
under section 3 of the Tuna Conventions Act of 1950 (16 U.S.C.
952).
‘‘(c) EMERGENCY REGULATIONS.—
‘‘(1) If the Secretary determines, on the basis of the best
scientific information available (including research conducted
under section 304 and information obtained under the Inter-
national Dolphin Conservation Program) that the incidental
mortality and serious injury of marine mammals authorized
under this title is having, or is likely to have, a significant
adverse impact on a marine mammal stock or species, the
Secretary shall—
‘‘(A) notify the Inter-American Tropical Tuna Commis-
sion of his or her determination, along with recommenda-
tions 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 inciden-
tal mortality and serious injury and mitigate such adverse
impact.
‘‘(2) Before taking action under subparagraph (A) or (B)
of paragraph (1), 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 sub-
section—
‘‘(A) shall be published in the Federal Register,
together with an explanation thereof;
‘‘(B) shall remain in effect for the duration of the
applicable fishing year; and
‘‘(C) may be terminated by the Secretary at an earlier
date by publication in the Federal Register of a notice
of termination if the Secretary determines that the reasons
for the emergency action no longer exist.
‘‘(4) If the Secretary finds that the incidental mortality
and serious injury of marine mammals in the yellowfin tuna
fishery in the eastern tropical Pacific Ocean is continuing to
have a significant adverse impact on a stock or species, the
Secretary may extend the emergency regulations for such addi-
tional periods as may be necessary.