Union Calendar No. 366
104TH CONGRESS
2D SESSION
H. R. 2823
[Report No. 104–665, Parts I and II]
A BILL
To amend the Marine Mammal Protection Act of
1972 to support the International Dolphin Con-
servation Program in the eastern tropical Pacific
Ocean, and for other purposes.
JULY 23, 1996
Reported from the Committee on Ways and Means, com-
mitted to the Committee of the Whole House on the
State of the Union, and ordered to be printed
IB
Union Calendar No. 366
104TH CONGRESS
2D SESSION
H. R. 2823
[Report No. 104–665, Parts I and II]
To amend the Marine Mammal Protection Act of 1972 to support the Inter-
national Dolphin Conservation Program in the eastern tropical Pacific
Ocean, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
DECEMBER 21, 1995
Mr. GILCHREST (for himself, Mr. CUNNINGHAM, Mr. RICHARDSON, Mr.
BOEHLERT, Mr. BILBRAY, Mr. GOSS, Mr. YOUNG of Alaska, Mr. PACK-
ARD, Mr. CASTLE, Mr. LAZIO of New York, Mr. GILLMOR, Mr. KOLBE,
Mr. SHAYS, Mr. HUNTER, Mr. KLUG, Mr. HANSEN, Mr. POMBO, Mr.
CARDIN, Mr. DEFAZIO, Mr. COBLE, Mr. EHLERS, Mr. UPTON, Mr.
DAVIS, Mrs. MORELLA, Mr. TORKILDSEN, Mr. FOLEY, and Mr. BLUTE)
introduced the following bill; which was referred to the Committee on Re-
sources
JULY 10, 1996
Reported from the Committee on Resources with an amendment, referred to
the Committee on Ways and Means for a period ending not later than
July 23, 1996, for consideration of such provisions of the bill and amend-
ment as fall within the jurisdiction of that committee pursuant to clause
1(s), rule X
[Strike out all after the enacting clause and insert the part printed in italic]
JULY 23, 1996
Additional sponsors: Mr. ORTIZ, Mr. FRELINGHUYSEN, Mr. LARGENT, Mr.
FARR of California, Mr. WALSH, Mr. KASICH, Mr. GOODLATTE, Mrs.
KELLY, Ms. MOLINARI, Mr. TRAFICANT, Mr. RIGGS, Mr. ACKERMAN, and
Mr. ALLARD
Deleted sponsor: Mr. DEFAZIO (added December 21, 1995; deleted April 18,
1996)
JULY 23, 1996
Reported from the Committee on Ways and Means, committed to the Commit-
tee of the Whole House on the State of the Union, and ordered to be
printed
[For text of introduced bill, see copy of bill as introduced on December 21, 1995]
A BILL
To amend the Marine Mammal Protection Act of 1972 to
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 Conservation Program Act’’.
(b) REFERENCES TO MARINE MAMMAL PROTECTION
ACT.—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 Mammal Protection Act of
1972 (16 U.S.C. 1361 et seq.).
SEC. 2. PURPOSE AND FINDINGS.
(a) PURPOSE.—The purposes of this Act are—
(1) to give effect to the Declaration of Panama,
signed October 4, 1995, by the Governments of Belize,
Colombia, Costa Rica, Ecuador, France, Honduras,
Mexico, Panama, Spain, the United States of Amer-
ica, Vanuatu, and Venezuela, including the establish-
ment of the International Dolphin Conservation Pro-
gram, relating to the protection of dolphins and other
species, and the conservation and management of
tuna in the eastern tropical Pacific Ocean;
(2) 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
(3) to eliminate the ban on imports of tuna from
those nations that are in compliance with the Inter-
national Dolphin Conservation Program.
(b) FINDINGS.—The Congress finds the following:
(1) The nations that fish for tuna in the eastern
tropical Pacific Ocean have reduced dolphin mortali-
ties associated with that fishery from hundreds of
thousands annually to fewer than 5,000 annually.
(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 tropical
Pacific Ocean have served as an incentive to reduce
dolphin mortalities.
(3) Tuna canners and processors of the United
States have led the canning and processing industry
in promoting a dolphin-safe tuna market.
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 Conserva-
tion Program’ means the international program es-
tablished by the agreement signed in La Jolla, Cali-
fornia, in June 1992, as formalized, modified, and
enhanced in accordance with the Declaration of Pan-
ama, that requires—
‘‘(A) that the total annual dolphin mortal-
ity in the purse seine fishery for yellowfin tuna
in the eastern tropical Pacific Ocean not exceed
5,000, with the commitment and objective to pro-
gressively reduce dolphin mortality to levels ap-
proaching zero through the setting of annual
limits;
‘‘(B) the establishment of a per-stock per-
year mortality limit for dolphins, for each year
through the year 2000, of between 0.2 percent
and 0.1 percent of the minimum population esti-
mate;
‘‘(C) beginning with the year 2001, that the
per-stock per-year mortality of dolphin not ex-
ceed 0.1 percent of the minimum population esti-
mate;
‘‘(D) that if the mortality limit set forth in
subparagraph (A) is exceeded, all sets on dol-
phins shall cease for the fishing year concerned;
‘‘(E) that if the mortality limit set forth in
subparagraph (B) or (C) is exceeded sets on such
stock and any mixed schools containing members
of such stock shall cease for that fishing year;
‘‘(F) in the case of subparagraph (B), to
conduct a scientific review and assessment in
1998 of progress toward the year 2000 objective
and consider recommendations as appropriate;
and
‘‘(G) in the case of subparagraph (C), to
conduct a scientific review and assessment re-
garding that stock or those stocks and consider
further recommendations;
‘‘(H) the establishment of a per-vessel maxi-
mum annual dolphin mortality limit consistent
with the established per-year mortality caps; and
‘‘(I) the provision of a system of incentives
to vessel captains to continue to reduce dolphin
mortality, with the goal of eliminating dolphin
mortality.
‘‘(29) The term ‘Declaration of Panama’ means
the declaration signed in Panama City, Republic of
Panama, on October 4, 1995.’’.
SEC. 4. AMENDMENTS TO TITLE I.
(a) AUTHORIZATION FOR INCIDENTAL TAKING.—Sec-
tion 101(a)(2) (16 U.S.C. 1371(a)(2)) is amended as fol-
lows:
(1) By inserting after the first sentence ‘‘Such
authorizations may also be granted under title III
with respect to the yellowfin tuna fishery of the east-
ern tropical Pacific Ocean, subject to regulations pre-
scribed under that title by the Secretary without re-
gard to section 103.’’.
(2) By striking the semicolon in the second sen-
tence and all that follows through ‘‘practicable’’.
(b) DOCUMENTARY EVIDENCE.—Section 101(a) (16
U.S.C. 1371(a)) is amended by striking so much of para-
graph (2) as follows subparagraph (A) and as precedes sub-
paragraph (C) and inserting:
‘‘(B) in the case of yellowfin tuna harvested
with purse seine nets in the eastern tropical Pa-
cific Ocean, and products therefrom, to be ex-
ported to the United States, shall require that the
government of the exporting nation provide docu-
mentary evidence that—
‘‘(i) the tuna or products therefrom
were not banned from importation under
this paragraph before the effective date of
the International Dolphin Conservation
Program Act;
‘‘(ii) the tuna or products therefrom
were harvested after the effective date of the
International Dolphin Conservation Pro-
gram Act by vessels of a nation which par-
ticipates in the International Dolphin Con-
servation Program, such harvesting nation
is either a member of the Inter-American
Tropical Tuna Commission or has initiated
(and within 6 months thereafter completed)
all steps (in accordance with article V,
paragraph 3 of the Convention establishing
the Inter-American Tropical Tuna Commis-
sion) necessary to become a member of that
organization, or the Inter-American Tropi-
cal Tuna Commission, whichever is appro-
priate, and such harvesting nation has im-
plemented the obligations of the Inter-
national Dolphin Conservation Program
in section 101(a)(2)(B) as satisfactory proof for purposes
of section 101(a)(2) if—
‘‘(1) the government of the harvesting nation
does not authorize the Inter-American Tropical Tuna
Commission to release sufficient information to the
Secretary to allow a determination of compliance
with the International Dolphin Conservation Pro-
gram; or
‘‘(2) after taking into consideration this infor-
mation, findings of the Inter-American Tropical
Tuna Commission, and any other relevant informa-
tion, including but not limited to information that a
nation is consistently failing to take enforcement ac-
tions on violations which diminish the effectiveness of
the International Dolphin Conservation Program, the
Secretary, in consultation with the Secretary of State,
finds that the harvesting nation is not in compliance
with the International Dolphin Conservation Pro-
gram.
‘‘(e) EXEMPTION.—The provisions of this Act shall not
apply to a citizen of the United States when such citizen
incidentally takes any marine mammal during fishing op-
erations outside the United States exclusive economic zone
(as defined in section 3(6) of the Magnuson Fishery Con-
servation and Management Act (16 U.S.C. 1802(6))) when
employed on a foreign fishing vessel of a harvesting nation
which is in compliance with the International Dolphin
Conservation Program.’’.
(d) ANNUAL PERMITS.—Section 104(h) is amended to
read as follows:
‘‘(h) ANNUAL PERMITS.—(1) Consistent with the regu-
lations prescribed pursuant to section 103 and the require-
ments of section 101, the Secretary may issue an annual
permit to a United States vessel for the taking of such ma-
rine mammals, together with regulations to cover the use
of any such annual permits.
‘‘(2) Annual permits described in paragraph (1) 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 regulations issued pursuant to section
302.’’.
(e) REVISIONS
AND
FUNDING
SOURCES.—Section
108(a)(2) (16 U.S.C. 1378(a)(2)) is amended as follows:
(1) By striking ‘‘and’’ at the end of subpara-
graph (A).
(2) By adding at the end the following:
‘‘(C) discussions to expeditiously negotiate
revisions to the Convention for the Establishment
of an Inter-American Tropical Tuna Commis-
sion (1 UST 230, TIAS 2044) which will incor-
porate conservation and management provisions
agreed to by the nations which have signed the
Declaration of Panama; and
‘‘(D) discussions with those countries likely
to participate in the International Dolphin Con-
servation 
Program, 
to 
identify 
alternative
sources of funds to ensure that needed research
and other measures benefiting effective protection
of dolphins, other marine species, and the ma-
rine ecosystem;’’.
(f) REPEAL OF NAS REVIEW.—Section 110 (16 U.S.C.
1380) is amended as follows:
(1) By redesignating subsection (a)(1) as sub-
section (a).
(2) By striking subsection (a)(2).
(g) LABELING OF TUNA PRODUCTS.—Paragraph (1)
of section 901(d) of the Dolphin Protection Consumer Infor-
mation 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 for any producer, importer, exporter, dis-
tributor, 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 dolphins if the product con-
tains any of the following:
‘‘(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
other fishery with a regular and significant inciden-
tal 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
seine nets on or to encircle dolphins, or if the product meets
the requirements of subparagraph (B).
‘‘(B) For purposes of paragraph (1)(B), a tuna prod-
uct that contains tuna harvested in the eastern tropical Pa-
cific Ocean by a vessel using purse seine nets is dolphin
safe if the product is accompanied by a written statement
executed by the captain of the vessel which harvested the
tuna certifying that no dolphins were killed during the sets
in which the tuna were caught and the product is accom-
panied by a written statement executed by—
‘‘(i) the Secretary or the Secretary’s designee;
‘‘(ii) a representative of the Inter-American
Tropical Tuna Commission; or
‘‘(iii) an authorized representative of a partici-
pating nation whose national program meets the re-
quirements of the International Dolphin Conservation
Program,
which states that there was an observer approved by the
International Dolphin Conservation Program on board the
vessel during the entire trip and documents that no dol-
phins were killed during the sets in which the tuna con-
cerned were caught.
‘‘(C) The statements referred to in clauses (i), (ii), and
(iii) of subparagraph (B) shall be valid only if they are
endorsed in writing by each exporter, importer, and proc-
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.
‘‘(4) For purposes of paragraph (1)(D), tuna or a tuna
product that contains tuna harvested in a fishery identified
by the Secretary as having a regular and significant inci-
dental mortality or serious injury of marine mammals is
dolphin safe if it is accompanied by a written statement
executed by the captain of the vessel and an observer par-
ticipating in a national or international program accept-
able to the Secretary certifying that no marine mammals
were killed in the course of the fishing operation or oper-
ations in which the tuna were caught.
‘‘(5) No tuna product may be labeled with any ref-
erence to dolphins, porpoises, or marine mammals, unless
such product is labeled as dolphin safe in accordance with
this subsection.’’.
(i) TRACKING AND VERIFICATION.—Subsection (f) of
section 901 of the Dolphin Protection Consumer Informa-
tion Act (16 U.S.C. 1385(f)) is amended to read as follows:
‘‘(f) TRACKING AND VERIFICATION.—The Secretary, in
consultation with the Secretary of the Treasury, shall issue
regulations to implement subsection (d) not later than 3
months after the date of enactment of the International Dol-
phin Conservation Program Act. Such regulations shall,
consistent with international efforts and in coordination
with the Inter-American Tropical Tuna Commission, estab-
lish a domestic and international tracking and verification
program that provides for the effective tracking of tuna la-
beled under subsection (d), including but not limited to each
of the following:
‘‘(1) Specific regulations and provisions address-
ing the use of weight calculation.
‘‘(2) Additional measures to enhance observer
coverage if necessary.
‘‘(3) Well location and procedures for monitor-
ing, certifying, and sealing holds above and below
deck or other equally effective methods of tracking and
verifying tuna labeled under subsection (d).
‘‘(4) Reporting receipt of and database storage of
radio and facsimile transmittals from fishing vessels
containing information related to the definition of
sets.
‘‘(5) Shore-based verification and tracking
throughout the transshipment and canning process.
‘‘(6) Provisions for annual audits for caught,
landed, and processed tuna products labeled in ac-
cordance with subsection (d).
The Secretary, when developing these regulations, shall es-
tablish appropriate procedures for ensuring the confiden-
tiality of proprietary information either mandated or sub-
mitted voluntarily.’’.
SEC. 5. AMENDMENTS TO TITLE III.
(a) HEADING.—The heading of title III is amended to
read as follows:
‘‘TITLE 
III—INTERNATIONAL
DOLPHIN 
CONSERVATION
PROGRAM’’.
(b) FINDINGS.—Section 301 (16 U.S.C. 1411) is
amended as follows:
(1) In subsection (a), by amending paragraph
(4) 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
of the International Dolphin Conservation Program
will assure that the existing trend of reduced dolphin
mortality continues; that individual stocks of dol-
phins are adequately protected; and that the goal of
eliminating all dolphin mortality continues to be a
priority.’’.
(2) In subsection (b), by amending paragraphs
(2) and (3) to read as follows:
‘‘(2) support the International Dolphin Con-
servation Program and efforts within the Program to
reduce, with the goal of eliminating, the mortality re-
ferred to in paragraph (1);
‘‘(3) ensure that the market of the United States
does not act as an incentive to the harvest of tuna
caught with driftnets or caught by purse seine vessels
in the eastern tropical Pacific Ocean that are not op-
erating in compliance with the International Dolphin
Conservation Program;’’.
(c) INTERNATIONAL DOLPHIN CONSERVATION PRO-
GRAM.—Section 302 (16 U.S.C. 1412) is amended to read
as follows:
‘‘SEC. 302. AUTHORITY OF THE SECRETARY.
‘‘(a) REGULATIONS TO IMPLEMENT PROGRAM REGU-
LATIONS.—(1) The Secretary shall issue regulations to im-
plement the International Dolphin Conservation Program.
‘‘(2)(A) Not later than 3 months after the date of enact-
ment of this section, the Secretary shall issue regulations
to authorize and govern the incidental taking of marine
mammals in the eastern tropical Pacific Ocean, including
any species of marine mammal designated as depleted
under this Act but not listed as endangered or threatened
under the Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.), by vessels of the United States participating in the
International Dolphin Conservation Program.
‘‘(B) Regulations issued under this section shall in-
clude provisions—
‘‘(i) requiring observers on each vessel;
‘‘(ii) requiring use of the backdown procedure or
other procedures equally or more effective in avoiding
mortality of marine mammals in fishing operations;
‘‘(iii) prohibiting intentional deployment of nets
on, or encirclement of, dolphins in violation of the
International Dolphin Conservation Program;
‘‘(iv) requiring the use of special equipment, in-
cluding dolphin safety panels in nets, ocean current
sensors or monitoring devices, as practicable, to detect
unsafe fishing conditions before nets are deployed by
a tuna vessel, operable rafts, speedboats with towing
bridles, floodlights in operable condition, and diving
masks and snorkels;
‘‘(v) ensuring that the backdown procedure dur-
ing the deployment of nets on, or encirclement of, dol-
phins is completed and rolling of the net to sack up
has begun no later than 30 minutes after sundown;
‘‘(vi) banning the use of explosive devices in all
purse seine operations;
‘‘(vii) establishing per vessel maximum annual
dolphin mortality limits, total dolphin mortality lim-
its and per-stock per-year mortality limits, in accord-
ance with the International Dolphin Conservation
Program;
‘‘(viii) preventing the intentional deployment of
nets on, or encirclement of, dolphins after reaching ei-
ther the vessel maximum annual dolphin mortality
limits, total dolphin mortality limits, or per-stock
per-year mortality limits;
‘‘(ix) preventing the fishing on dolphins by a
vessel without an assigned vessel dolphin mortality
limit;
‘‘(x) allowing for the authorization and conduct
of experimental fishing operations, under such terms
and conditions as the Secretary may prescribe, for the
purpose of testing proposed improvements in fishing
techniques and equipment (including new technology
for detecting unsafe fishing conditions before nets are
deployed by a tuna vessel) that may reduce or elimi-
nate dolphin mortality or do not require the encircle-
ment of dolphins in the course of commercial yellow-
fin tuna fishing;
‘‘(xi) authorizing fishing within the area covered
by the International Dolphin Conservation Program
by vessels of the United States without the use of spe-
cial equipment or nets if the vessel takes an observer
and does not intentionally deploy nets on, or encircle,
dolphins, under such terms and conditions as the Sec-
retary may prescribe; and
‘‘(xii) containing such other restrictions and re-
quirements as the Secretary determines are necessary
to implement the International Dolphin Conservation
Program with respect to vessels of the United States.
‘‘(C) The Secretary may make such adjustments as
may be appropriate to the requirements of subparagraph
(B) that pertain to fishing gear, vessel equipment, and fish-
ing practices to the extent the adjustments are consistent
with the International Dolphin Conservation Program.
‘‘(b) CONSULTATION.—In developing regulations under
this section, the Secretary shall consult with the Secretary
of State, the Marine Mammal Commission and the United
States Commissioners to the Inter-American Tropical Tuna
Commission appointed under section 3 of the Tuna Conven-
tions Act of 1950 (16 U.S.C. 952).
‘‘(c) EMERGENCY REGULATIONS.—(1) If the Secretary
determines, on the basis of the best scientific information
available (including that obtained under the International
Dolphin Conservation Program) that the incidental mortal-
ity and serious injury of marine mammals authorized
under this title is having, or is likely to have, a significant
adverse effect on a marine mammal stock or species, the
Secretary shall take actions as follows—
‘‘(A) notify the Inter-American Tropical Tuna
Commission of the Secretary’s findings, along with
recommendations to the Commission as to actions
necessary to reduce incidental mortality and serious
injury and mitigate such adverse impact; and
‘‘(B) prescribe emergency regulations to reduce
incidental mortality and serious injury and mitigate
such adverse impact.
‘‘(2) Prior to taking action under paragraph (1) (A)
or (B), the Secretary shall consult with the Secretary of
State, the Marine Mammal Commission, and the United
States Commissioners to the Inter-American Tropical Tuna
Commission.
‘‘(3) Emergency regulations prescribed under this sub-
section—
‘‘(A) shall be published in the Federal Register,
together with an explanation thereof; and
‘‘(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 regulations
for such additional periods as may be necessary.
‘‘(d) RESEARCH.—The Secretary shall, in cooperation
with the nations participating in the International Dolphin
Conservation Program and with the Inter-American Tropi-
cal Tuna Commission, undertake or support appropriate
scientific research to further the goals of the International
Dolphin Conservation Program. Such research 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
mammals in connection with commercial purse seine
fishing in the eastern tropical Pacific Ocean.
‘‘(2) Developing cost-effective methods of fishing
for mature yellowfin tuna without deployment of nets
on, or encirclement of, dolphins or other marine
mammals.
‘‘(3) Carrying out a stock assessment as de-
scribed in section 117 for those marine mammal spe-
cies and 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 authorized
to be appropriated to the Department of Commerce
$1,000,000 to be used by the Secretary, acting 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 recommendations, to the
Congress and to the Inter-American Tropical Tuna
Commission.
‘‘(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 re-
sults 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 pursuant
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 yellow-
fin tuna and other nontarget species.
‘‘(4) A description of the activities of the Inter-
national Dolphin Conservation Program and of the
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 deci-
sions of the Inter-American Tropical Tuna Commis-
sion, and any regulations promulgated by the Sec-
retary 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 sub-
mission of—
‘‘(A) the name and official number or other iden-
tification of each fishing vessel for which a permit 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 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
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; or
‘‘(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.
‘‘(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 sanctions 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
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 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.’’.
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 ADVISORY
SUBCOMMITTEE.—Section 4 of the Tuna Conventions 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 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 regu-
lations 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 Commissioners
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,
including 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-
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 to 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
Subcommittee, who shall receive no compensation for
their services as such members.’’.
SEC. 7. EQUITABLE FINANCIAL CONTRIBUTIONS.
It is the sense of the Congress that each nation meeting
the comparability requirements under section 101(a)(2)(B)
of the Marine Mammal Protection Act of 1972, as amended
by this Act, should contribute an equitable amount to the
expenses of the Inter-American Tropical Tuna Commission.
Such contributions shall be proportionate to the number of
purse seine vessels from that nation fishing for tuna in the
eastern tropical Pacific Ocean.
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.