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‘‘(A) Tuna harvested on the high seas by a vessel
engaged in driftnet fishing.
‘‘(B) Tuna harvested in the eastern tropical Pa-
cific Ocean by a vessel using purse seine nets unless
the tuna is considered dolphin safe under paragraph
(2).
‘‘(C) Tuna harvested outside the eastern tropical
Pacific Ocean by a vessel using purse seine nets un-
less the tuna is considered dolphin safe under para-
graph (3).
‘‘(D) Tuna harvested by a vessel engaged in any
fishery identified by the Secretary pursuant to para-
graph (4) as having a regular and significant inci-
dental mortality of marine mammals.’’.
(h) DOLPHIN SAFE TUNA.—(1) Paragraph (2) of sec-
tion 901(d) of the Dolphin Protection Consumer Informa-
tion Act (16 U.S.C. 1385(d)(2)) is amended to read as fol-
lows:
‘‘(2)(A) For purposes of paragraph (1)(B), a tuna
product that contains tuna harvested in the eastern tropical
Pacific Ocean by a vessel using purse seine nets is dolphin
safe if 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
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essor of the product, and if such statements and endorse-
ments comply with regulations promulgated by the Sec-
retary which would provide for the verification of tuna
products as dolphin safe.’’.
(2) Subsection (d) of section 901 of the Dolphin Protec-
tion Consumer Information Act (16 U.S.C. 1385(d)) is
amended by adding the following new paragraphs at the
end thereof:
‘‘(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.
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gram and engaging, as appropriate, in such re-
views and assessments.
‘‘(D) Consulting with other experts as need-
ed.
‘‘(E) Recommending measures to assure the
regular and timely full exchange of data among
the parties of the Program and each nation’s Na-
tional Scientific Advisory Committee (or equiva-
lent).
‘‘(3) Establish procedures to provide for appro-
priate public participation and public meetings and
to provide for the confidentiality of confidential busi-
ness data. The Scientific Advisory Subcommittee shall
be invited to have representatives attend all nonexecu-
tive 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 Advi-
sory Subcommittee may attend meetings of the Inter-
American Tropical Tuna Commission in accordance
with the rules of such Commission.
‘‘(4) Fix the terms of office of the members of the
General Advisory Committee and Scientific Advisory