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‘‘(B) shall remain in effect for the duration of
the applicable fishing year; and
The Secretary may terminate such emergency regulations
at a date earlier than that required by subparagraph (B)
by publication in the Federal Register of a notice of termi-
nation, if the Secretary determines that the reasons for
the emergency action no longer exist.
‘‘(4) If the Secretary finds that the incidental mortal-
ity and serious injury of marine mammals in the yellowfin
tuna fishery in the eastern tropical Pacific Ocean is con-
tinuing to have a significant adverse impact on a stock
or species, the Secretary may extend the emergency regu-
lations for such additional periods as may be necessary.
‘‘(d) RESEARCH.—The Secretary shall, in coopera-
tion with the nations participating in the International
Dolphin Conservation Program and with the Inter-Amer-
ican Tropical Tuna Commission, undertake or support ap-
propriate scientific research to further the goals of the
International Dolphin Conservation Program. Such re-
search may include but shall not be limited to any of the
following:
‘‘(1) Devising cost-effective fishing methods and
gear so as to reduce, with the goal of eliminating,
the incidental mortality and serious injury of marine
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mammals in connection with commercial purse seine
fishing in the eastern tropical Pacific Ocean.
‘‘(2) Developing cost-effective methods of fish-
ing for mature yellowfin tuna without deployment of
nets on, or encirclement of, dolphins or other marine
mammals.
‘‘(3) Carrying out stock assessments for those
marine mammal species and marine mammal stocks
taken in the purse seine fishery for yellowfin tuna in
the eastern tropical Pacific Ocean, including species
or stocks not within waters under the jurisdiction of
the United States.
‘‘(4) Studying the effects of chase and encircle-
ment on the health and biology of dolphin and indi-
vidual dolphin populations incidentally taken in the
course of purse seine fishing for yellowfin tuna in
the eastern tropical Pacific Ocean. There are author-
ized to be appropriated to the Department of Com-
merce $1,000,000 to be used by the Secretary, act-
ing through the National Marine Fisheries Service,
to carry out this paragraph. Upon completion of the
study, the Secretary shall submit a report containing
the results of the study, together with recommenda-
tions, to the Congress and to the Inter-American
Tropical Tuna Commission.
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‘‘(5) Determining the extent to which the inci-
dental take of nontarget species, including juvenile
tuna, occurs in the course of purse seine fishing for
yellowfin tuna in the eastern tropical Pacific Ocean,
the geographic location of the incidental take, and
the impact of that incidental take on tuna stocks,
and nontarget species.
The Secretary shall include a description of the annual
results of research carried out under this subsection in the
report required under section 303.’’.
(d) REPORTS.—Section 303 (16 U.S.C. 1414) is
amended to read as follows:
‘‘SEC. 303. REPORTS BY THE SECRETARY.
‘‘Notwithstanding section 103(f), the Secretary shall
submit an annual report to the Congress which includes
each of the following:
‘‘(1) The results of research conducted pursu-
ant to section 302.
‘‘(2) A description of the status and trends of
stocks of tuna.
‘‘(3) A description of the efforts to assess,
avoid, reduce, and minimize the bycatch of juvenile
yellowfin tuna and other nontarget species.
‘‘(4) A description of the activities of the Inter-
national Dolphin Conservation Program and of the
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efforts of the United States in support of the Pro-
gram’s goals and objectives, including the protection
of dolphin populations in the eastern tropical Pacific
Ocean, and an assessment of the effectiveness of the
Program.
‘‘(5) Actions taken by the Secretary under sub-
sections (a)(2)(B) and (d) of section 101.
‘‘(6) Copies of any relevant resolutions and de-
cisions of the Inter-American Tropical Tuna Com-
mission, and any regulations promulgated by the
Secretary under this title.
‘‘(7) Any other information deemed relevant by
the Secretary.’’.
(e) PERMITS.—Section 304 (16 U.S.C. 1416) is
amended to read as follows:
‘‘SEC. 304. PERMITS.
‘‘(a) IN GENERAL.—(1) Consistent with section 302,
the Secretary is authorized to issue a permit to a vessel
of the United States authorizing participation in the Inter-
national Dolphin Conservation Program and may require
a permit for the person actually in charge of and control-
ling the fishing operation of the vessel. The Secretary shall
prescribe such procedures as are necessary to carry out
this subsection, including, but not limited to, requiring the
submission of—
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‘‘(A) the name and official number or other
identification of each fishing vessel for which a per-
mit is sought, together with the name and address
of the owner thereof; and
‘‘(B) the tonnage, hold capacity, speed, process-
ing equipment, and type and quantity of gear, in-
cluding an inventory of special equipment required
under section 302, with respect to each vessel.
‘‘(2) The Secretary is authorized to charge a fee for
issuing a permit under this section. The level of fees
charged under this paragraph may not exceed the adminis-
trative cost incurred in granting an authorization and is-
suing a permit. Fees collected under this paragraph shall
be available, subject to appropriations, to the Under Sec-
retary of Commerce for Oceans and Atmosphere for ex-
penses incurred in issuing permits under this section.
‘‘(3) After the effective date of the International Dol-
phin Conservation Program Act, no vessel of the United
States shall operate in the yellowfin tuna fishery in the
eastern tropical Pacific Ocean without a valid permit is-
sued under this section.
‘‘(b) PERMIT
SANCTIONS.—(1) In any case in
which—
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‘‘(A) a vessel for which a permit has been is-
sued under this section has been used in the com-
mission of an act prohibited under section 305;
‘‘(B) the owner or operator of any such vessel
or any other person who has applied for or been is-
sued a permit under this section has acted in viola-
tion of section 305; or
‘‘(C) any civil penalty or criminal fine imposed
on a vessel, owner or operator of a vessel, or other
person who has applied for or been issued a permit
under this section has not been paid or is overdue,
the Secretary may—
‘‘(i) revoke any permit with respect to such
vessel, with or without prejudice to the issuance
of subsequent permits;
‘‘(ii) suspend such permit for a period of
time considered by the Secretary to be appro-
priate;
‘‘(iii) deny such permit; or
‘‘(iv) impose additional conditions or re-
strictions on any permit issued to, or applied
for by, any such vessel or person under this sec-
tion.
‘‘(2) In imposing a sanction under this subsection,
the Secretary shall take into account—
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(f) PROHIBITIONS.—Section 305 is repealed and sec-
tion 307 (16 U.S.C. 1417) is redesignated as section 305,
and amended as follows:
(1) In subsection (a):
(A) By amending paragraph (1) to read as
follows:
‘‘(1) for any person to sell, purchase, offer for
sale, transport, or ship, in the United States, any
tuna or tuna product unless the tuna or tuna prod-
uct is either dolphin safe or has been harvested in
compliance with the International Dolphin Conserva-
tion Program by a country that is a member of the
Inter-American Tropical Tuna Commission or has
initiated steps, in accordance with Article V, para-
graph 3 of the Convention establishing the Inter-
American Tropical Tuna Commission, to become a
member of that organization;’’.
(B) By amending paragraph (2) to read as
follows:
‘‘(2) except in accordance with this title and
regulations issued pursuant to this title as provided
for in subsection 101(e), for any person or vessel
subject to the jurisdiction of the United States in-
tentionally to set a purse seine net on or to encircle
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any marine mammal in the course of tuna fishing
operations in the eastern tropical Pacific Ocean; or’’.
(C) By amending paragraph (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);’’.
(2) In subsection (b)(2), by inserting ‘‘(a)(5)
and’’ before ‘‘(a)(6)’’.
(3) By striking subsection (d).
(g) REPEAL.—Section 306 is repealed and section
308 (16 U.S.C. 1418) is redesignated as section 306, and
amended by striking ‘‘303’’ and inserting in lieu thereof
‘‘302(d)’’.
(h) CLERICAL AMENDMENTS.—The table of contents
in the first section of the Marine Mammal Protection Act
of 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. Authority of the Secretary.
‘‘Sec. 303. Reports by the Secretary.
‘‘Sec. 304. Permits.
‘‘Sec. 305. Prohibitions.
‘‘Sec. 306. Authorization of appropriations.’’.
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SEC. 6. AMENDMENTS TO THE TUNA CONVENTIONS ACT.
(a) MEMBERSHIP.—Section 3(c) of the Tuna Conven-
tions Act of 1950 (16 U.S.C. 952(c)) is amended to read
as follows:
‘‘(c) at least one shall be either the Director, or
an appropriate regional director, of the National Ma-
rine Fisheries Service; and’’.
(b) ADVISORY COMMITTEE AND SCIENTIFIC ADVI-
SORY SUBCOMMITTEE.—Section 4 of the Tuna Conven-
tions Act of 1950 (16 U.S.C. 953) is amended to read
as follows:
‘‘SEC. 4. GENERAL ADVISORY COMMITTEE AND SCIENTIFIC
ADVISORY SUBCOMMITTEE.
‘‘The Secretary, in consultation with the United
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. The General Ad-
visory Committee shall be invited to have representa-
tives attend all nonexecutive meetings of the United
States sections and shall be given full opportunity to
examine and to be heard on all proposed programs
of investigations, reports, recommendations, and reg-
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ulations of the commission. The General Advisory
Committee may attend all meetings of the inter-
national commissions to which they are invited by
such commissions.
‘‘(2) Appoint a Scientific Advisory Subcommit-
tee which shall be composed of not less than 5 nor
more than 15 qualified scientists with balanced rep-
resentation from the public and private sectors, in-
cluding nongovernmental conservation organizations.
The Scientific Advisory Subcommittee shall advise
the General Advisory Committee and the Commis-
sioners on matters including the conservation of
ecosystems; the sustainable uses of living marine re-
sources related to the tuna fishery in the eastern Pa-
cific Ocean; and the long-term conservation and
management of stocks of living marine resources in
the eastern tropical Pacific Ocean. In addition, the
Scientific Advisory Subcommittee shall, as requested
by the General Advisory Committee, the United
States Commissioners or the Secretary, perform
functions and provide assistance required by formal
agreements entered into by the United States for
this fishery, including the International Dolphin
Conservation Program. These functions may include
each of the following:
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‘‘(A) The review of data from the Pro-
gram, including data received from the Inter-
American Tropical Tuna Commission.
‘‘(B) Recommendations on research needs,
including ecosystems, fishing practices, and
gear technology research, including the develop-
ment and use of selective, environmentally safe
and cost-effective fishing gear, and on the co-
ordination and facilitation of such research.
‘‘(C) Recommendations concerning sci-
entific reviews and assessments required under
the Program and engaging, as appropriate, in
such reviews and assessments.
‘‘(D) Consulting with other experts as
needed.
‘‘(E) Recommending measures to assure
the regular and timely full exchange of data
among the parties to the Program and each na-
tion’s National Scientific Advisory Committee
(or equivalent).
‘‘(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
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nonexecutive 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
Advisory Subcommittee may attend meetings of the
Inter-American Tropical Tuna Commission in ac-
cordance with the rules of such Commission.
‘‘(4) Fix the terms of office of the members of
the General Advisory Committee and Scientific Advi-
sory Subcommittee, who shall receive no compensa-
tion for their services as such members.’’.
SEC. 7. EQUITABLE FINANCIAL CONTRIBUTIONS.
It is the sense of the Congress that each nation par-
ticipating in the International Dolphin Conservation Pro-
gram should contribute an equitable amount to the ex-
penses of the Inter-American Tropical Tuna Commission.
Such contributions shall take into account the number of
vessels from that nation fishing for tuna in the eastern
tropical Pacific Ocean, the consumption of tuna and tuna
products from the eastern tropical Pacific Ocean and other
relevant factors as determined by the Secretary.