I
104TH CONGRESS
2D SESSION
H. R. 2856
To amend the Marine Mammal Protection Act of 1972 to uphold the integrity
of the United States tuna labeling program, support the International
Dolphin Conservation Program in the eastern tropical Pacific Ocean,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 5, 1996
Mr. MILLER of California (for himself, Mr. TORRICELLI, Mr. TOWNS, Ms.
MCKINNEY, Ms. FURSE, Mr. FALEOMAVAEGA, Ms. RIVERS, Mr. MORAN,
Mr. WAXMAN, Mr. TORRES, Mr. MANTON, Mrs. MINK of Hawaii, Mr.
JOHNSTON of Florida, Mrs. MORELLA, Mr. EVANS, Ms. PELOSI, Mr.
DELLUMS, Mr. LEWIS of Georgia, Mr. BROWN of California, Mr. BEIL-
ENSON, Mr. YATES, and Ms. ESCHOO) introduced the following bill; which
was referred to the Committee on Resources, and in addition to the Com-
mittees on Commerce, International Relations, and Ways and Means, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jursidiction of the com-
mittee concerned
A BILL
To amend the Marine Mammal Protection Act of 1972 to
uphold the integrity of the United States tuna labeling
program, 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 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
‘‘International Dolphin Protection and Consumer Infor-
mation Act of 1995’’.
(b) REFERENCES TO MARINE MAMMAL PROTECTION
ACT OF 1972.—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 Mam-
mal Protection Act of 1972 (16 U.S.C. 1361 et seq.).
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—The Congress finds the following:
(1) The nations that fish for tuna in the east-
ern tropical Pacific Ocean have reduced dolphin
mortalities associated with that fishery from hun-
dreds of thousands annually to fewer than 5,000 an-
nually.
(2) The provisions of the Marine Mammal Pro-
tection Act of 1972 that impose a ban on imports
from nations that fish for tuna in the eastern tropi-
cal Pacific Ocean have served as an incentive to re-
duce dolphin mortalities.
(3) Consumers of the United States and Eu-
rope have made clear their preference for tuna that
has not been caught through the killing, chasing, or
harming of dolphins.
(4) Tuna canners and processors of the United
States have led the canning and processing industry
in promoting a dolphin-safe tuna market.
(5) The 12 signatory nations to the Declaration
of Panama, including the United States, agreed
under that Declaration to require that the total an-
nual dolphin mortality in the purse seine fishery for
yellowfin tuna in the eastern tropical Pacific Ocean
not exceed 5,000, with a commitment and objective
to progressively reduce dolphin mortality to a level
approaching zero through the setting of annual lim-
its.
(b) PURPOSES.—The purposes of this Act are—
(1) 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
(2) to eliminate the ban on imports of dolphin-
safe tuna from those nations.
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 Con-
servation Program’ means the international program
established by the agreement signed in La Jolla,
California, in June 1992, as formalized, modified,
and enhanced in accordance with the Declaration of
Panama, that requires—
‘‘(A)(i) that the total annual dolphin mor-
tality in the purse seine fishery for yellowfin
tuna in the eastern tropical Pacific Ocean be
limited to 5,000; and
‘‘(ii) a commitment and objective to pro-
gressively reduce dolphin mortality to a level
approaching zero through the setting of annual
limits;
‘‘(B) the establishment of a per stock per
year mortality limit for dolphins at a level be-
tween 0.2 percent and 0.1 percent of the mini-
mum estimated population each year through
2000;
‘‘(C) beginning with the year 2001, the es-
tablishment of a per stock per year mortality
limit for dolphins at a level less than or equal
to 0.1 percent of the minimum population esti-
mate;
‘‘(D) that if a mortality limit is exceeded
under—
‘‘(i) subparagraph (A), all purse seine
net sets on dolphins shall cease for the
fishing year concerned; or
‘‘(ii) subparagraph (B) or (C), all
purse seine net sets on the stocks covered
under subparagraph (B) or (C) and on any
mixed schools that contain any of those
stocks shall cease for the fishing year con-
cerned;
‘‘(E) a scientific review and assessment to
be conducted in 1998 to—
‘‘(i) assess progress in meeting the ob-
jectives set for the year 2,000 under sub-
paragraph (B); and
‘‘(ii) as appropriate, consider rec-
ommendations for meeting these objectives;
‘‘(F) a scientific review and assessment to
be conducted—
‘‘(i) to review the stocks covered
under subparagraph (C); and
‘‘(ii) as appropriate, to consider rec-
ommendations to further the objectives set
under that subparagraph;
‘‘(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, shall require
that the government of the exporting nation
provide documentary evidence that—
‘‘(i) the tuna or products therefrom
were not banned from importation under
this paragraph before the effective date of
the International Dolphin Protection and
Consumer Information Act of 1995; or
‘‘(ii) the tuna or products therefrom
were harvested after the effective date of
the International Dolphin Protection and
Consumer Information Act of 1995 by ves-
sels of a nation that—
‘‘(I) is a member of the Inter-
American Tropical Tuna Commission;
‘‘(II) is participating in the
International Dolphin Conservation
Program; and
‘‘(III) has implemented the obli-
gations of that nation as a member of
the Inter-American Tropical Tuna
Commission; and
‘‘(iii) the total dolphin mortality per-
mitted under the International Dolphin
Conservation Program will not exceed
5,000 in 1996 or in any year thereafter
and the total dolphin mortality limit for
each vessel in each successive year shall be
reduced 
by 
a 
statistically 
significant
amount until the goal of zero mortality is
reached, except that the per stock per year
mortality limits for stocks designated as
depleted under this Act shall not exceed
the actual 1994 mortality level;
except that the Secretary shall not accept such
documentary evidence as satisfactory proof for
purposes of clauses (i) through (iii) if the gov-
ernment of the harvesting nation does not au-
thorize the Inter-American Tropical Tuna Com-
mission to release sufficient information to the
Secretary to allow a determination of compli-
ance with the International Dolphin Conserva-
tion Program, or if after taking into consider-
ation that information, findings of the Inter-
American Tropical Tuna Commission, and any
other relevant information, including informa-
tion that a nation is consistently failing to take
enforcement actions on violations specified in
the agreement signed in La Jolla, California, in
June 1992 and adopted by the International
Dolphin Conservation Program, the Secretary,
in consultation with the Secretary of State,
finds that the violations diminish the effective-
ness of the International Dolphin Conservation
Program and that the harvesting nation is not
in compliance with the International Dolphin
Conservation Program;’’.
(c) UNITED STATES CITIZENS.—Section 101 (16
U.S.C. 1371) is amended by adding at the end the follow-
ing new subsection:
‘‘(d) The provisions of this Act shall not apply to a
citizen of the United States when such citizen takes any
marine mammal incidental to tuna purse seine fishing op-
erations outside the United States exclusive economic zone
(as that term is defined in section 3(6) of the Magnuson
Fishery Conservation and Management Act (16 U.S.C.
1802(6)) when employed on a foreign fishing vessel of a
harvesting nation that is in compliance with the Inter-
national Dolphin Conservation Program.’’.
(d) PERMIT.—Section 104(h) (16 U.S.C. 1374) is
amended to read as follows:
‘‘(h)(1) Consistent with the regulations prescribed
pursuant to section 103 and the requirements of section
101, the Secretary may issue—
‘‘(A) an annual permit to a United States vessel
authorizing the taking of such marine mammals;
and
‘‘(B) regulations governing the use of such an-
nual permits.
‘‘(2) An annual permit 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 304, subject to the reg-
ulations issued under section 302.’’.
(e) TECHNICAL CORRECTION.—Section 110(a) (16
U.S.C. 1380(a)) is amended—
(1) by striking ‘‘(a)(1) The Secretary’’ and in-
serting ‘‘(a) The Secretary’’; and
(2) by striking paragraph (2).
(f) DOLPHIN SAFE LABEL.—Section 901(d)(1) of the
Dolphin Protection Consumer Information Act (16 U.S.C.
1385(d)(1)) is amended to read as follows:
‘‘(1) It is a violation of section 5 of the Federal
Trade Commission Act (15 U.S.C. 45) for any pro-
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 was harvested
using a method of fishing that is not harmful to dol-
phins if the product contains—
‘‘(A) tuna harvested on the high seas by a
vessel engaged in driftnet fishing;
‘‘(B) tuna harvested in the eastern tropical
Pacific Ocean which does not meet the require-
ments for being considered dolphin safe under
paragraph (2); or
‘‘(C) tuna harvested outside the eastern
tropical Pacific Ocean which does not meet the
requirements for being considered dolphin safe
under paragraph (3).’’.
(g) DOLPHIN SAFE DEFINED.—Section 901(d) of the
Dolphin Protection Consumer Information Act (16 U.S.C.
1385(d)) is amended by adding at the end the following
new paragraphs:
‘‘(3) For purposes of paragraph (1)(C), tuna or
a tuna product that contains tuna harvested outside
the eastern tropical Pacific Ocean by a fishing vessel
using purse seine nets is dolphin safe if—
‘‘(A) it is accompanied by a written state-
ment executed by the captain of the vessel cer-
tifying that no purse seine net was intentionally
deployed on or to encircle dolphins during the
particular voyage on which the tuna was har-
vested; or
‘‘(B) in the case of tuna from any fishery
in which the Secretary has determined that a
regular and significant association occurs be-
tween marine mammals and tuna, it is accom-
panied by a written statement executed by the
captain of the vessel and an observer, certifying
that no purse seine net was intentionally de-
ployed on or to encircle marine mammals dur-
ing the particular voyage on which the tuna was
harvested.
‘‘(4) No tuna product may be labeled with any
reference to dolphins, porpoises, or other marine
mammals, except as dolphin safe in accordance with
this subsection.’’.
(h) REGULATIONS.—Section 901(f) of the Dolphin
Protection Consumer Information Act (16 U.S.C. 1385(f))
is amended to read as follows:
‘‘(f) The Secretary, in consultation with the Secretary
of the Treasury, shall issue regulations to implement this