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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 administrative
cost incurred in granting an authorization and issuing a
permit. Fees collected under this paragraph shall be avail-
able, subject to appropriations, to the Under Secretary of
Commerce for Oceans and Atmosphere for expenses 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—
‘‘(A) a vessel for which a permit has been issued
under this section has been used in the commission 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 issued
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a permit under this section has acted in violation 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; and
‘‘(iv) impose additional conditions or re-
strictions on any permit issued to, or applied for
by, any such vessel or person under this section.
‘‘(2) In imposing a sanction under this subsection, the
Secretary shall take into account—
‘‘(A) the nature, circumstances, extent, and grav-
ity of the prohibited acts for which the sanction is im-
posed; and
‘‘(B) with respect to the violator, the degree of
culpability, any history of prior offenses, and other
such matters as justice requires.
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‘‘(3) Transfer of ownership of a vessel, by sale or other-
wise, shall not extinguish any permit sanction that is in
effect or is pending at the time of transfer of ownership.
Before executing the transfer of ownership of a vessel, by
sale or otherwise, the owner shall disclose in writing to the
prospective transferee the existence of any permit sanction
that will be in effect or pending with respect to the vessel
at the time of transfer.
‘‘(4) In the case of any permit that is suspended for
the failure to pay a civil penalty or criminal fine, the Sec-
retary shall reinstate the permit upon payment of the pen-
alty or fine and interest thereon at the prevailing rate.
‘‘(5) No sanction shall be imposed under this section
unless there has been a prior opportunity for a hearing on
the facts underlying the violation for which the sanction
is imposed, either in conjunction with a civil penalty pro-
ceeding under this title or otherwise.’’.
(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
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tuna or tuna product unless the tuna or tuna product
is either dolphin safe or has been harvested in compli-
ance with the International Dolphin Conservation
Program by a country that is a member of the Inter-
American Tropical Tuna Commission or has initi-
ated steps, in accordance with Article V, paragraph
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 reg-
ulations 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 intentionally
to set a purse seine net on or to encircle any marine
mammal in the course of tuna fishing operations in
the eastern 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);’’.
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(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.’’.
SEC. 6. AMENDMENTS TO THE TUNA CONVENTION ACTS.
(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) GENERAL ADVISORY COMMITTEE AND SCIENTIFIC
ADVISORY SUBCOMMITTEE.—Section 4 of the Tuna Conven-
tions Act of 1950 (16 U.S.C. 953) is amended to read as
follows:
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‘‘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 Advi-
sory 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 regula-
tions of the commission. The General Advisory Com-
mittee may attend all meetings of the international
commissions to which they are invited by such com-
missions.
‘‘(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 Commissioners
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on matters including the conservation of ecosystems;
the sustainable uses of living marine resources related
to the tuna fishery in the eastern Pacific Ocean; and
the long-term conservation and management of stocks
of living marine resources in the eastern tropical Pa-
cific Ocean. In addition, the Scientific Advisory Sub-
committee 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 Inter-
national Dolphin Conservation Program. These func-
tions may include each of the following:
‘‘(A) The review of data from the Program,
including data received from the Inter-American
Tropical Tuna Commission.
(B) Recommendations on research needs, in-
cluding ecosystems, fishing practices, and gear
technology research, including the development
and use of selective, environmentally safe and
cost-effective fishing gear, and on the coordina-
tion and facilitation of such research.
‘‘(C) Recommendations concerning scientific
reviews and assessments required under the Pro-
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Subcommittee, who shall receive no compensation for
their services as such members.’’.
(c) BYCATCH REDUCTION.—The Atlantic Tunas Con-
vention Act of 1975 (16 U.S.C. 971 et seq.) is amended by
redesignating section 10, both sections 11, and section 12
in order as sections 11, 12, 13, and 14, and by inserting
after section 9 the following new section:
‘‘REDUCTION OF BYCATCH IN EASTERN TROPICAL PACIFIC
OCEAN
‘‘SEC. 10. The Secretary of State, acting through the
Commissioners, should immediately take the necessary steps
to establish standards and measures for a bycatch reduction
program for vessels fishing for yellowfin tuna in the eastern
tropical Pacific Ocean. The program shall include to the
maximum extent practicable—
‘‘(1) that sea turtles and other threatened species
and endangered species are released alive, to the max-
imum extent practicable;
‘‘(2) measures to reduce, to the maximum extent
practicable, the harvest of nontarget species;
‘‘(3) measures to reduce, to the maximum extent
practicable, the mortality of nontarget species; and
‘‘(4) measures to reduce, to the maximum extent
practicable, the mortality of juveniles of the target
species.’’.
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SEC. 7. EQUITABLE FINANCIAL CONTRIBUTIONS.
It is the sense of the Congress that each nation partici-
pating in the International Dolphin Conservation Program
should contribute an equitable amount to the expenses of
the Inter-American Tropical Tuna Commission. Such con-
tributions 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.
SEC. 8. EFFECTIVE DATE.
This Act and the amendments made by this Act shall
take effect upon certification by the Secretary of State to
the Congress that a binding resolution of the Inter-Amer-
ican Tropical Tuna Commission, or another legally binding
instrument, establishing the International Dolphin Con-
servation Program has been adopted and is in effect.