Union Calendar No. 56
105TH CONGRESS
1ST SESSION
H. R. 408
[Report No. 105–74, 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.
MAY 1, 1997
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. 56
105TH CONGRESS
1ST SESSION
H. R. 408
[Report No. 105–74, 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
JANUARY 9, 1997
Mr. GILCHREST (for himself, Mr. CUNNINGHAM, Mr. CARDIN, Mr. YOUNG of
Alaska, Mr. ORTIZ, Mr. BILBRAY, and Mr. KOLBE) introduced the follow-
ing bill; which was referred to the Committee on Resources
APRIL 24, 1997
Reported from the Committee on Resources with an amendment, referred to
the Committee on Ways and Means for a period ending not later than
May 5, 1997, 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]
MAY 1, 1997
Additional sponsors: Mr. BOEHLERT, Mr. SKAGGS, Mr. RIGGS, Mr. ENGLISH
of Pennsylvania, Mr. MCHUGH, Mr. GREEN, Mr. BACHUS, Mr. TORRES,
Ms. JACKSON-LEE of Texas, Mr. ROGAN, Mr. PACKARD, Mr. PORTER,
Mr. FLAKE, Mr. POMBO, Mr. JEFFERSON, Mr. CASTLE, Mr. KINGSTON,
Ms. NORTON, Mr. DINGELL, Mr. EHRLICH, Mr. FOLEY, Mr. WEXLER,
and Mr. DICKS
MAY 1, 1997
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
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[For text of introduced bill, see copy of bill as introduced on January 9, 1997]
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 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
‘‘International Dolphin Conservation Program Act’’.
(b) REFERENCES TO MARINE MAMMALS 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, Houduras,
Mexico, Panama, Spain, the United States of Amer-
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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 achieved significant re-
ductions in dolphin mortalities associated with the
purse seine fishery from hundreds of thousands annu-
ally 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.
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(3) Tuna canners and processors of the United
States have led the canning and processing industry
in promoting a dolphin-safe tuna market.
(4) 12 signatory nations to the Declaration of
Panama, including the United States, agreed under
that Declaration to require that the total annual dol-
phin 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 progres-
sively reduce dolphin mortality to a level approaching
zero through the setting of annual limits.
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-
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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-
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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
authorization as 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’’.
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(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,
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paragraph 3 of the Convention establishing
the Inter-American Tropical Tuna Commis-
sion) necessary to become a member of that
organization;
‘‘(iii) such nation is meeting the obli-
gations of the International Dolphin Con-
servation Program and the obligations of
membership in the Inter-American Tropical
Tuna Commission, including all financial
obligations;
‘‘(iv) the total dolphin mortality per-
mitted under the International Dolphin
Conservation Program will not exceed 5,000
in 1997, or in any year thereafter, consist-
ent with the commitment and objective of
progressively reducing dolphin mortality to
levels approaching zero through the setting
of annual limits and the goal of eliminating
dolphin mortality; and
‘‘(v) 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, and such harvesting na-
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tion has not vetoed the participation by any
other nation in such Program.’’.
(c) ACCEPTANCE OF EVIDENCE COVERAGE.—Section
101 (16 U.S.C. 1371) is amended by adding at the end the
following new subsections:
‘‘(d) ACCEPTANCE OF DOCUMENTARY EVIDENCE.—The
Secretary shall not accept documentary evidence referred to
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 provide directly or authorize the Inter-Amer-
ican Tropical Tuna Commission to release complete
and accurate information to the Secretary to allow a
determination of compliance with the International
Dolphin Conservation Program;
‘‘(2) the government of the harvesting nation
does not provide directly or authorize the Inter-Amer-
ican Tropical Tuna Commission to release complete
and accurate information to the Secretary in a timely
manner for the purposes of tracking and verifying
compliance with the minimum requirements estab-
lished by the Secretary in regulations promulgated
under subsection (f) of the Dolphin Protection
Consumer Information Act (16 U.S.C. 1385(f)); or
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‘‘(3) after taking into consideration this infor-
mation, findings of the Inter-American Tropical
Tuna Commission, and any other relevant informa-
tion, including information that a nation is consist-
ently failing to take enforcement actions 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 Program.
‘‘(e) EXEMPTION.—The provisions of this Act shall not
apply to a citizen of the United States who incidentally
takes any marine mammal during fishing operations out-
side the United States exclusive economic zone (as 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 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-
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rine mammals, and shall issue 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;
‘‘(D) a revised schedule of annual contribu-
tions to the expenses of the Inter-American Trop-
ical Tuna Commission that is equitable to par-
ticipating nations; and
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‘‘(E) discussions with those countries par-
ticipating or likely to participate in the Inter-
national Dolphin Conservation Program, to
identify alternative sources of funds to ensure
that needed research and other measures benefit-
ing effective protection of dolphins, other marine
species, and the marine 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:
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‘‘(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, where determined
to be practical by the Secretary, an observer participating
in a national or international program acceptable to the
Secretary certifying that no marine mammals were killed
in the course of the fishing operation or operations 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. In the development of these
regulations, the Secretary shall establish appropriate proce-
dures for ensuring the confidentiality of proprietary infor-
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mation the submission of which is voluntary or mandatory.
Such regulations shall, consistent with international efforts
and in coordination with the Inter-American Tropical
Tuna Commission, establish a domestic and international
tracking and verification program that provides for the ef-
fective tracking of tuna labeled under subsection (d), includ-
ing but not limited to each of the following:
‘‘(1) Specific regulations and provisions address-
ing the use of weight calculations for purposes of
tracking tuna caught, landed, processed, and exported.
‘‘(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 tracking and
verification of tuna, and the definition of sets.
‘‘(5) Shore-based verification and tracking
throughout the transshipment and canning process by
means of Inter-American Tropical Tuna Commission
trip records or otherwise.
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‘‘(6) Provisions for annual audits and spot
checks for caught, landed, and processed tuna prod-
ucts labeled in accordance with subsection (d).
‘‘(7) The provision of timely access to data re-
quired under this subsection by the Secretary from
harvesting nations to undertake the actions required
in paragraph (6) of this subsection.’’.
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-
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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
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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, monitoring de-
vices as identified by the International Dolphin Con-
servation Program, 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-
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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-
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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).
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‘‘(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
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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 regulations
for such additional period 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.
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‘‘(2) Developing cost-effective methods of fishing
for mature yellowfin tuna without development 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 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
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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
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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