I
105TH CONGRESS
1ST SESSION
H. R. 1259
To amend the Marine Mammal Protection Act of 1972 to lift the trade
embargoes on dolphin-safe tuna harvested in the eastern tropical Pacific
Ocean, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 9, 1997
Mr. MILLER of California (for himself, Mr. FALEOMAVAEGA, Mr. ABERCROM-
BIE, Mr. OLVER, Mr. PALLONE, Mr. FARR of California, Mr. SMITH of
New Jersey, Mr. STARK, Ms. PELOSI, Mr. DEFAZIO, Mr. YATES, Mr.
KENNEDY of Rhode Island, Mr. BROWN of California, Mr. EVANS, Mr.
LANTOS, Mr. DELLUMS, Mr. DELAHUNT, Ms. WOOLSEY, and Mr.
TOWNS) introduced the following bill; which was referred to the Commit-
tee on Resources
A BILL
To amend the Marine Mammal Protection Act of 1972 to
lift the trade embargoes on dolphin-safe tuna harvested
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,
SECTION 1. SHORT TITLE; REFERENCES.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Dolphin-Safe Fishing Act’’.
cal Tuna Commission initiated an international dol-
phin conservation program that has helped to sig-
nificantly reduce dolphin mortalities and regulate
the harvest of yellowfin tuna in the eastern tropical
Pacific Ocean by vessels chasing and netting dol-
phins.
(b) PURPOSES.—The purposes of this Act are the fol-
lowing:
(1) To recognize that individual tuna fishermen
fishing in the eastern tropical Pacific Ocean have
made efforts to reduce, and in some cases eliminate,
the practice of harvesting yellowfin tuna by chasing
and netting dolphins.
(2) To eliminate the ban on imports of dolphin-
safe tuna harvested by vessels in the eastern tropical
Pacific Ocean that are in compliance with the re-
quirements of the Inter-American Tropical Tuna
Commission and the Intergovernmental Agreement
on the Conservation of Tunas and Dolphins in the
Eastern Pacific Ocean, otherwise known as the ‘‘La
Jolla Agreement’’.
(3) To strengthen the effectiveness of the dol-
phin-safe label to ensure that the label is not being
used on tuna products that contain tuna harvested
on a voyage in which dolphins were chased and net-
ted, killed, or seriously injured.
(4) To encourage the contracting parties of the
Inter-American Tropical Tuna Commission to adopt
a program to—
(A) require that any sea turtles or other
threatened species or endangered species har-
vested in the eastern tropical Pacific Ocean in
the course of fishing for tuna be released when
alive;
(B) reduce the harvest of nontarget species
in the yellowfin tuna fishery; and
(C) eliminate, to the maximum extent pos-
sible, the mortality of nontarget species in the
yellowfin tuna fishery.
SEC. 3. AMENDMENTS TO TITLE I COMPARABILITY EMBAR-
GO PROVISIONS.
(a) AUTHORIZATION
OF
IMPORTATION.—Section
101(a) (16 U.S.C. 1371(a)) is amended—
(1) by striking so much of paragraph (2) as fol-
lows subparagraph (A) and as precedes subpara-
graph (C) and inserting the following:
‘‘(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—
‘‘(i) shall require that the government
of exporting nation provide documentary
evidence that—
‘‘(I) the tuna or products there-
from do not consist of or contain, re-
spectively, tuna harvested on a voyage
on which dolphins were chased, net-
ted, killed, or seriously injured;
‘‘(II) the tuna was harvested
after the effective date of the Dolphin-
Safe Fishing Act solely by a vessel
that, at the time the tuna was har-
vested, was registered in a nation that
is party to the Intergovernmental
Agreement on the Conservation of
Tunas and Dolphins in the Eastern
Pacific Ocean (in this paragraph re-
ferred to as the ‘La Jolla Agree-
ment’), and was operating in compli-
ance with that agreement, except that
in lieu of the mortalities specified in
the agreement, dolphin mortalities
shall not exceed the total observed
1996 mortality; and
‘‘(III) such vessels have not had
major fines or penalties recommended
by the La Jolla Agreement’s Intergov-
ernmental Review Panel which were
not paid or adjudicated within 6
months after the date of recommenda-
tion; and
‘‘(ii) shall ban the importation of such
tuna and products in a year from a coun-
try, unless the Secretary has certified—
‘‘(I) for importation in 1998,
that the total observed dolphin mor-
tality in 1997 in fishing operations in
the Eastern Pacific Ocean by vessels
registered in that country did not ex-
ceed the total observed dolphin mor-
tality in 1996;
‘‘(II) for importation in each year
thereafter, that the total observed dol-
phin mortality in the preceding year
in such fishing operations ensures
that steady progress is being made by
the Inter-American Tropical Tuna
Commission to achieve the La Jolla
Agreement’s commitment and objec-
tive of progressively reducing observed
dolphin mortality to levels approach-
ing zero through the setting of annual
limits and the goal of eliminating dol-
phin mortality; and
‘‘(III) that tuna fishing vessels
registered in that county are not in-
volved in any way in the transport of
illegal drugs.’’.
(b) ACCEPTANCE OF EVIDENCE OF COVERAGE.—
Section 101 (16 U.S.C. 1371) is amended by adding at
the end the following new subsection:
‘‘(d) ACCEPTANCE OF DOCUMENTARY EVIDENCE.—
The Secretary shall not consider information provided for
yellowfin tuna harvested by a vessel to be documentary
evidence required by subsection (a)(2)(B)(i) if the govern-
ment of the country in which the vessel is registered does
not provide to the Secretary, or authorize the Inter-Amer-
ican Tropical Tuna Commission to provide to the Sec-
retary, complete and accurate information necessary to
allow the Secretary to determine whether or not the vessel
is in compliance with the Intergovernmental Agreement on
the Conservation of Tunas and Dolphins in the Eastern
Pacific Ocean.’’.
SEC. 4. AMENDMENTS TO TITLE III GLOBAL MORATORIUM
PROVISIONS.
(a) 
FINDINGS.—Section 
301(a)(4) 
(16 
U.S.C.
1411(a)(4)) is amended 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
that persons fishing in the eastern tropical Pacific
Ocean have made efforts to reduce, and in some
cases eliminate, the practice of harvesting yellowfin
tuna by chasing and netting dolphins will assure
that the existing trend of reduced dolphin mortality
continues and will increase the likelihood that the
practice of chasing and netting dolphins is elimi-
nated.’’.
(b) PROHIBITIONS.—Section 307 (16 U.S.C. 1417)
is amended—
(1) in subsection (a)(2), by striking ‘‘inten-
tionally’’ and all that follows through ‘‘except—’’
and inserting ‘‘intentionally chase and net any dol-
phin in any tuna fishing operation, except—’’;
(2) by amending subsection (a)(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);’’; and
(3) in subsection (b)(2), by striking ‘‘subsection
(a)(6)’’ and inserting ‘‘subsection (a)(5) and (6)’’.
(c) DOLPHIN SAFE STANDARD.—Section 307(d) (16
U.S.C. 1417(d)) is amended by striking paragraphs (2),
(3), and (4) and inserting the following:
‘‘(2) in the case of a tuna product that contains
tuna referred to in paragraph (1)(B), (C), or (D) of
section 901(d) of the Dolphin Protection Consumer
Information Act, it is dolphin safe under, respec-
tively, paragraph (2), (3), or (4) of that section; or
‘‘(3) in the case of tuna referred to in para-
graph (1)(B), (C), or (D) of section 901(d) of the
Dolphin Protection Consumer Information Act, the
export or offering for sale of a tuna product contain-
ing that tuna would not, by reason of the presence
of the tuna in that product, be a violation under
that section.’’.
‘‘(4) For the purposes of paragraph (1)(D), a tuna
product that contains tuna referred to in that paragraph
is dolphin safe if it is accompanied by a written statement
executed by the captain of the vessel and, where deter-
mined to be practicable by the Secretary, an observer par-
ticipating in a national or international program accept-
able to the Secretary certifying that no marine mammals
were killed or seriously injured in the course of the fishing
operation or operations in which the tuna were caught.
‘‘(5) The Secretary shall on a regular basis identify
and publish a list of tuna fisheries that have a regular
and significant incidental mortality or serious injury of
marine mammals.’’.
SEC. 6. REDUCTION OF BYCATCH IN EASTERN TROPICAL
PACIFIC OCEAN.
The Atlantic Tunas Convention Act of 1975 (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. 13. The Secretary of State, acting through the
Commissioners, shall immediately take the necessary ac-
tions to ensure that the Commission adopts a bycatch re-
duction program for those vessels fishing for yellowfin
tuna in the eastern tropical Pacific Ocean. Such program
shall include, at a minimum—
‘‘(1) that all sea turtles and other threatened
species and endangered species are released alive;
‘‘(2) measures to reduce, to the maximum ex-
tent possible, the harvest of nontarget species; and
‘‘(3) measures to eliminate, to the maximum ex-
tent possible, the mortality of nontarget species.’’.
SEC. 7. EQUITABLE FINANCIAL CONTRIBUTIONS TO INTER-
AMERICAN TROPICAL TUNA COMMISSION.
(a) SENSE OF CONGRESS.—It is the sense of the Con-
gress that each nation participating in the International
Dolphin Conservation Program should contribute an equi-
table amount for payment of the expenses of the Inter-
American Tropical Tuna Commission, and that currently,
the United States is paying an inequitable share of the
Inter-American Tropical Tuna Commission’s budget and
expenses.
(b) DETERMINATION OF AMOUNT.—In determining
the amount to be paid by the United States as its con-
tribution toward the expenses of the Inter-American Trop-
ical Tuna Commission, the Secretary of State shall take
into account the number of vessels participating in the
eastern tropical Pacific Ocean yellowfin tuna fishery, the
consumption within the United States of tuna and tuna
products from the eastern tropical Pacific Ocean, and
other relevant factors as determined by the Secretary.
SEC. 8. EFFECTIVE DATE.
This Act and the amendments made by this Act shall
take effect upon promulgation by the Secretary of Com-
merce implementing the provisions of this Act.
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