International Dolphin Conservation Program Act
PL 105-42 (H.R.408), enacted 08/15/1997

Ill STAT. 1122 
PUBLIC LAW 105-42—AUG. 15, 1997 
Public Law 105-42 
105th Congress 
An Act 
Aug. 15, 1997 
[H.R. 408] 
International 
Dolphin 
Conservation 
Program Act. 
Tuna. 
Exports and 
imports. 
16 u s e 1361 
note. 
16 u s e 1361 
note. 
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 Representatives 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 amend-
ment or repeal is expressed in terms of an amendment to, or 
repeal of, a section or other provision, the reference shall be consid-
ered 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. PURPOSES AND FINDINGS. 
(a) PURPOSES.—^The purposes of this Act are— 
(1) to give effect to the Declaration of Panama, signed 
October 4, 1995, by the Grovernments of Belize, Colombia, Costa 
Rica, Ecuador, France, Honduras, Mexico, Panama, Spain, the 
United States of America, Vanuatu, and Venezuela, including 
the establishment of the International Dolphin Conservation 
Program, relating to the protection of dolphins and other spe-
cies, 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 significant 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 International Dolphin 
Conservation Program. 
(b) FINDINGS.—^The Congress finds that— 
(1) the nations that fish for tuna in the eastern tropical 
Pacific Ocean have achieved significant reductions in dolphin 
mortality associated with the purse seine fishery from hundreds 
of thousands annually to fewer than 5,000 annually; 
(2) the provisions of the Marine Mammal Protection 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; and 
PUBLIC LAW 105-42—AUG. 15, 1997 
111 STAT. 1123 
(4) 12 signatory nations to the Declaration of Panama, 
including the United States, agreed under that Declaration 
to require that the total annual dolphin mortality in the purse 
seine fishery for yellowfin tuna in the eastern tropical Pacific 
Ocean not exceed 5,000 animals, with the objective of progres-
sively reducing dolphin mortality to a level approaching zero 
through the setting of annual limits £ind with the goal of 
eliminating dolphin mortality. 
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 Conservation Pro-
gram' means the international program established by the 
agreement signed in LaJoUa, California, in June, 1992, as 
formalized, modified, and enhanced in accordance with the 
Declaration of Panama. 
"(29) The term 'Declaration of Panama' means the declara-
tion signed in Panama City, Republic of Panama, on October 
4,1995.". 
SEC. 4. AMENDMENTS TO TITLE I. 
(a) EXCEPTIONS TO MORATORIUM.—Section 101(a)(2) (16 U.S.C. 
1371(a)(2)) is amended— 
(1) by inserting after the first sentence "Such authoriza-
tions may be granted under title III with respect to purse 
seine fishing for yellowfin t\ina in the eastern tropical Pacific 
Ocean, subject to regulations prescribed under that title by 
the Secretary without regard to section 103."; and 
(2) by striking the semicolon in the second sentence and 
E
i
U that follows through "practicable". 
(b) DOCUMENTATION REQUIRED.—Section 101(a)(2) (16 U.S.C. 
1371(a)(2)) is further amended— 
(1) by striking subparagraph (B) £ind inserting the 
following: 
"(B) in the case of yellowfin tuna harvested with purse 
seine nets in the eastern tropical Pacific Ocean, and prod-
ucts therefrom, to be exported to the United States, shall 
require that the government of the exporting nation provide 
documentarv evidence that— 
"(i)(I) the tuna or products therefrom were not 
banned fi*om importation under this paragraph before 
the effective date of section 4 of the International Dol-
phin Conservation Program Act- or 
"(II) the tuna or products 
therefrom 
were 
harvested after the effective date of section 4 of the 
International Dolphin Conservation Program Act by 
vessels of a nation which peirticipates in the Inter-
national Dolphin Conservation Program, and 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 
required of applicant nations, in accordance with arti-
cle V, parag]"aph 3 of the Convention establishing the 
Inter-American Tropical Tuna Commission, to become 
a member of that organization; 
"(ii) such nation is meeting the obligations of the 
International Dolphin Conservation Program and the 
I l l STAT. 1124 
PUBLIC LAW 105-42—AUG. 15, 1997 
obligations of membership in the Inter-American 
Tropical Tuna Commission, including all financial 
obligations; and 
**(iii) the total dolphin mortality limits, and per-
stock per-year dolphin mortality limits permitted for 
that nation's vessels imder the International Dolphin 
Conservation Program do not exceed the limits deter-
mined for 1997, or for any year thereafter, consistent 
with the objective of progressively reducing dolphin 
mortality to a level approaching zero through the 
setting of annual limits and the goal of eliminating 
dolphin mortality, and requirements of the Inter-
national Dolphin Conservation Program;"; 
(2) by redesignating subparagraphs (C), (D), and (E) as 
subparagraphs (D), (E), and (F), respectively; 
(3) by inserting after subparagraph (B) the following: 
"(C) shall not accept such documentary evidence i
f
— 
"(i) the government of the harvesting nation does 
not provide directly or authorize the Inter-American 
Tropical Tuna Commission to release complete and 
accurate information to the Secretary in a timely 
manner— 
"(I) to allow determination of compliance with 
the International Dolphin Conservation Program; 
and 
"(II) for the purposes of tracking and verifying 
complieuice 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 
"(ii) after taking into consideration such informa-
tion, findings of the Inter-American Tropical Txma 
Commission, and any other relevant information, 
including information that a nation is consistently fail-
ing 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 Dol-
phin Conservation Program."; and 
(4) by striking "subparagraph (E)" in the matter after 
subparagraph (F), as redesignated by paragraph (2) of this 
subsection, and inserting "subparagraph (F)". 
(c) CERTAIN INCIDENTAL TAKINGS.—Section 101 (16 U.S.C. 1371) 
is fiirther amended by adding at the end tiie following new sub-
section: 
"(e) ACT NOT TO APPLY TO INCIDENTAL TAKINGS BY UNITED 
STATES CITIZENS EMPLOYED ON FOREIGN VESSELS OUTSIDE THE 
UNITED STATES EEZ.—The provisions of this Act shall not apply 
to a citizen of the United States who incidentally takes euiy marine 
mammal during fishing operations outside the United States exclu-
sive economic zone (as denned in section 3 of the Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 1802)) when 
employed on a foreign fishing vessel of a harvesting nation which 
is in compliance wim the International Dolphin Conservation Pro-
gram.". 
PUBLIC LAW 105-42—AUG. 15, 1997 
111 STAT. 1125 
(d) PERMITS.—Section 104(h) (16 U.S.C. 1374(h)) is amended 
to read as follows: 
"(h) GENERAL PERMITS.— 
"(1) Consistent with the regulations prescribed pursuant Regulations. 
to section 103 of this title and to the requirements of section 
101 of this title, the Secretary may issue an annual permit 
to a United States purse seine fishing vessel for the taking 
of such marine mammals, and shall issue regulations to cover 
the use of any such annual permits. 
"(2) Such annual permits 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 306 of this Act, subject to the regulations 
issued pursuant to section 303 of this Act.". 
(e) INTERNATIONAL NEGOTIATIONS.—Section 108(a)(2) (16 U.S.C. 
1378(a)(2)) is amended— 
(1) by striking "and" at the end of subparagraph (A); 
(2) by inserting after subparagraph (B) the following: 
"(C) negotiations to revise the Convention for the 
Establishment 
of 
an 
Inter-Americ£in 
Tropical 
Tima 
Commission (1 U.S.T. 230; TIAS 2044) which will incor-
porate— 
"(i) the conservation and management provisions 
agreed to by the nations which have signed the Dec-
laration of Panama and in the Straddling Fish Stocks 
and Highly Migratory Fish Stocks Agreement, as 
opened for signature on December 4,1995; and 
"(ii) a revised schedule of annual contributions 
to the expenses of the Inter-American Tropical Tima 
Commission that is equitable to participating nations; 
and 
"(D) discussions with those countries participating, or 
likely to participate, in the International Dolphin Conserva-
tion Program, for the purpose of identifying sources of 
funds needed for research and other measures promoting 
effective protection of dolphins, other marine species, and 
the marine ecosystem;". 
(f) RESEARCH GRANTS.—Section 110(a) (16 U.S.C. 1380(a)) is 
amended— 
(1) by striking "(1)" in paragraph (1); and 
(2) by striking paragraph (2). 
SEC. 
5. AMENDMENTS 
TO DOLPHIN 
PROTECTION 
CONSUMER 
INFORMATION ACT. 
(a) LABELING STANDARD.—Subsection (d) of the Dolphin Protec-
tion Consumer Information Act (16 U.S.C. 1385(d)) is amended 
to read as follows: 
"(d) LABELING STANDARD.— 
"(1) It is a violation of section 5 of the Federal Trade 
Commission Act (15 U.S.C. 45) for any producer, importer, 
exporter, distributor, or seller of any tuna product that is 
exported firom 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 were harvested using a method 
of fishing that is not harmful to dolphins if the product contains 
txina harvested— 
I l l STAT. 1126 
PUBLIC LAW 105-42—AUG. 15, 1997 
"(A) on the high seas by a vessel engaged in driftnet 
fishing; 
"(B) outside the eastern tropical Pacific Ocean by a 
vessel using purse seine nets— 
"(i) in a fishery in which the Secretary has deter-
mined that a regular and significant association occurs 
between dolphins and tuna (similar to the association 
between dolphins and tuna in the eastern tropical 
Pacific Ocean), unless such product is accompanied 
by a written statement, executed by the captain of 
the vessel and an observer participating in a national 
or international program acceptable to the Secretary, 
certifying that no purse seine net was intentionally 
deployed on or used to encircle dolphins during the 
particulgir voyage on which the tuna were caught and 
no dolphins were killed or seriously injured in the 
sets in which the tuna were caught; or 
"(ii) in any other fishery (other than a fishery 
described in subparagraph (D)) unless the product is 
accompanied by a written statement executed by the 
captain of the vessel certifying that no purse seine 
net was intentionally deployed on or used to encircle 
dolphins during the particular voyage on which the 
tuna was harvested; 
"(C) in the eastern tropical Pacific Ocean by a vessel 
using a purse seine net unless the tuna meet the require-
ments for being considered dolphin safe under paragraph 
(2); or 
"(D) by a vessel in a fishery other than one described 
in subparagraph (A), (B), or (C) that is identified by the 
Secretary as having a regular and significant mortality 
or serious injury of dolphins, unless such product is accom-
panied by a written statement executed by the captain 
of the vessel and an observer participating in a national 
or international program acceptable to the Secretary that 
no dolphins were killed or seriously injured in the sets 
or other gear deployments in which the tuna were caught, 
provided that the Secretary determines that such an 
observer statement is necessary. 
"(2) For purposes of paragraph (1)(C), a tima product that 
contains tuna harvested in the eastern tropical Pacific Ocean 
by a vessel using purse seine nets is dolphin safe if— 
"(A) 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 
"(B)(i) the product is accompanied by a written state-
ment executed by the captain providing the certification 
required under subsection (h); 
"(ii) the product is accompanied by a written statement 
executed by— 
"(I) the Secretary or the Secretar^s designee; 
"(II) a representative of the Inter-American Tropi-
cal Tuna Commission; or 
PUBLIC LAW 105-42—AUG. 15, 1997 
111 STAT. 1127 
"(III) an authorized representative of a participat-
ing nation whose national program meets the require-
ments 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 that such observer pro-
vided the certification required under subsection (h); £ind 
"(iii) the statements referred to in clauses (i) and (ii) 
are endorsed in writing by each exporter, importer, and 
processor of the product; and 
"(C) the written statements and endorsements referred 
to in subparagraph (B) comply with regulations promul-
gated by the Secretary which provide for the verification 
of tuna products as dolphin safe. 
"(3)(A) The Secretary of Commerce shall develop an official 
mark that may be used to label tuna products as dolphin 
safe in accordance with this Act. 
"(B) A tuna product that bears the dolphin safe mark 
developed under subparagraph (A) shall not bear any other 
label or mark that refers to dolphins, porpoises, or marine 
mammals. 
"(C) It is a violation of section 5 of the Federal Trade 
Commission Act (15 U.S.C. 45) to label a tuna product with 
any label or mark that refers to dolphins, porpoises, or marine 
mammals other than the mark developed imder subparagraph 
(A) unless— 
"(i) no dolphins were killed or seriously injured in 
the sets or other gear deployments in which the tuna 
were caught; 
"(ii) the label is supported by a tracking and verifica-
tion program which is comparable in effectiveness to the 
program established under subsection (f); and 
"(iii) the label complies with all applicable labeling, 
marketing, and advertising laws and regulations of the 
Federal Trade Commission, including any guidelines for 
environmental labeling. 
"(D) If the Secretary determines that the use of a label Reports. 
referred to in subparagraph (C) is substantially undermining 
the conservation goals of the International Dolphin Conserva-
tion Program, the Secretary shall report that determination 
to the United States Senate Committee on Commerce, Science, 
and Transportation and the United States House of Representa-
tives Committees on Resources and on Commerce, along with 
recommendations to correct such problems. 
"(E) It is a violation of section 5 of the Federal Trade 
Commission Act (15 U.S.C. 45) willingly and knowingly to 
use a label referred to in subparagraph (C) in a campaign 
or effort to mislead or deceive consumers about the level of 
protection afforded dolphins under the International Dolphin 
Conservation Program. . 
(b) TRACKING REGULATIONS.—Subsection (f) of the Dolphin 
Protection Consumer Information Act (16 U.S.C. 1385(f)) is amended 
to read as follows: 
"(f) REGULATIONS.—^The Secretary, in consultation with the Sec-
retary of the Treasury, shall issue regulations to implement this 
Act, including regulations to establish a domestic tracking and 
I l l STAT. 1128 
PUBLIC LAW 105-42—AUG. 15, 1997 
Confidentiality. 
Federal Register, 
publication. 
verification program that provides for the effective tracking of tuna 
labeled under subsection (d). In the development of these regula-
tions, the Secretary shall establish appropriate procedures for 
ensuring the confidentiality of proprietary information the submis-
sion of which is voluntary or mandatory. The regulations shall 
address each of the following items: 
"(1) The use of weight calculation for purposes of tracking 
tuna caught, landed, processed, and exported. 
"(2) Additional measures to enhance current observer 
coverage, including the establishment of criteria for training, 
and for improving monitoring and reporting capabilities and 
procedures. 
"(3) The designation of well location, procedures for sealing 
holds, procedures for monitoring and certifjdng both above and 
below deck, or through equally effective methods, the tracking 
and verification of tuna labeled under subsection (d). 
"(4) The reporting, receipt, 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 set. 
"(5) The shore-based verification and tracking throughout 
the fishing, transshipment, and canning process by means of 
Inter-American Tropical Tuna Commission trip records or 
otherwise. 
"(6) The use of periodic audits and spot checks for caught, 
landed, and processed tuna products labeled in accordance with 
subsection (d). 
"(7) The provision of timely access to data required under 
this subsection by the Secretary from harvesting nations to 
undertake the actions required in paragraph (6) of this para-
graph. 
The Secretary may make such adjustments as may be appropriate 
to the regulations promulgated under this subsection to implement 
an international tracking and verification program that meets or 
exceeds the minimum requirements established by the Secretary 
under this subsection.". 
(c) FINDINGS CONCERNING IMPACT ON DEPLETED STOCKS.—^The 
Dolphin Protection Consumer Information Act (16 U.S.C. 1385) 
is amended by striking subsections (g), (h), and (i) and inserting 
the following: 
"(g) SECRETARIAL FINDINGS.—(1) Between March 1, 1999, and 
March 31, 1999, the Secretary shall, on the basis of the research 
conducted before March 1, 1999, under section 304(a) of the Marine 
Mammal Protection Act of 1972, information obtained under the 
International Dolphin Conservation Program, and any other rel-
evant information, make an initial finding regarding whether the 
intentional deployment on or encirclement of dolphins with purse 
seine nets is having a significant adverse impact on any depleted 
dolphin stock in the eastern tropical Pacific Ocean. The initial 
finding shall be published immediately in the Federal Register 
and shall become effective upon a subsequent date determined 
by the Secretary. 
"(2) Between July 1, 2001, and December 31, 2002, the 
Secretary shall, on the basis of the completed study conducted 
under section 304(a) of the Marine Mammal Protection Act of 1972, 
information obtained under the International Dolphin Conservation 
Program, and any other relevant information, make a finding 
PUBLIC LAW 105-42—AUG. 15, 1997 
111 STAT. 1129 
regarding whether the intentional deployment on or encirclement 
of dolphins with purse seine nets is having a significant adverse 
impact on any depleted dolphin stock in the eastern tropical Pacific 
Ocean. The finding shall be published immediately in the Federal 
Federal Register, 
Register and shall become effective upon a subsequent date deter- publication. 
mined by the Secretary. 
"(h) CERTIFICATION BY CAPTAIN AND OBSERVER.— 
"(1) Unless otherwise required by paragraph (2), the certifi-
cation by the captain under subsection (dX2)(B)(i) and the cer-
tification provided by the observer as specified in subsection 
(d)(2)(B)(ii) shall be that no dolphins were killed or seriously 
injured during the sets in which the tuna were caught. 
"(2) The certification by the captain under subsection 
(d)(2)(B)(i) and the certification provided by the observer as 
specified under subsection (d)(2)(B)(ii) shall be that no tuna 
were caught on the trip in which such tuna were harvested 
using a purse seine net intentionally deployed on or to encircle 
dolphins, and that no dolphins were killed or seriously injured 
during the sets in which the tuna were caught, if the tima 
were caught on a trip commencing— 
"(A) before the effective date of the initial finding by 
the Secretary under subsection (g)(1); 
"(B) after the effective date of such initial finding and 
before the effective date of the finding of the Secretary 
under subsection (g)(2), where the initial finding is that 
the intentional deplojnnent on or encirclement of dolphins 
is having a significant adverse impact on any depleted 
dolphin stock; or 
"(C) after the effective date of the finding under sub-
section (g)(2), where such finding is that the intentional 
deployment on or encirclement of dolphins is having a 
significant adverse impact on any such depleted stock.". 
SEC. 6. AMENDMENTS TO TITLE UI. 
(a) CHANGE OF TITLE HEADING.—The heading of title III is 
amended to read as follows: 
"TITLE III—INTERNATIONAL DOLPHIN CONSERVATION 
PROGRAM". 
(b) ADDITIONAL FINDINGS.—Section 301 (16 U.S.C. 1411) 
is 
amended— 
(1) by striking paragraph (4) of subsection (a) and inserting 
the following: 
"(4) Nations harvesting yellowfin tima in the eastern 
tropical Pacific Ocean have demonstrated their willingness to 
participate in appropriate multilateral agreements to reduce 
dolphin mortality progressively to a level approaching zero 
through the setting of annual limits, with the goal of eliminat-
ing dolphin mortality in that fishery. Recognition of the Inter-
national Dolphin Conservation Program will assure that the 
existing trend of reduced dolphin mortality continues; that 
individual stocks of dolphins are adequately protected; and 
that the goal of eliminating all dolphin mortality continues 
to be a priority."; and 
(2) by striding paragraphs (2) and (3) of subsection (b) 
and inserting the following: 
I l l STAT. 1130 
PUBLIC LAW 105-42—AUG. 15, 1997 
"(2) support the International Dolphin Conservation Pro-
gram and efforts within the Program to reduce, with the goal 
of eliminating, the mortality referred 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 not operating in compliance with the Inter-
national Dolphin Conservation Program;". 
(c) Title III (16 U.S.C. 1411 et seq.) is amended by striking 
sections 302 through 306 (16 U.S.C. 1412 through 1416) and insert-
ing the following: 
16 use 1412. 
"SEC. 302. INTERNATIONAL DOLPHIN CONSERVATION PROGRAM. 
"The Secretary of State, in consultation with the Secretary, 
shall seek to secure a binding international agreement to establish 
an International Dolphin Conservation Program that requires— 
"(1) that the total annual dolphin mortality in the purse 
seine fishery for yellowfin tuna in the eastern tropical Pacific 
Ocean shall not exceed 5,000 animals with a commitment and 
objective to progressively reduce dolphin mortality to a level 
approaching zero through the setting of annual limits; 
"(2) the establishment of a per-stock per-year dolphin 
mortality limit, to be in effect through calendar year 2000, 
at a level between 0.2 percent and 0.1 percent of the minimum 
population estimate, as calculated, revised, or approved by the 
Secretary; 
"(3) the establishment of a per-stock per-year dolphin 
^ 
mortality limit, beginning with the calendar year 2001, at a 
level less than or equal to 0.1 percent of the minimum 
population estimate as calculated, revised, or approved by the 
Secretary; 
"(4) that if a dolphin mortality limit is exceeded under— 
"(A) paragraph (1), all sets on dolphins shall cease 
for the applicable fishing year; and 
"(B) paragraph (2) or (3), all sets on the stocks covered 
under paragraph (2) or (3) and any mixed schools that 
contain any of those stocks shall cease for the applicable 
fishing year; 
"(5) a scientific review and assessment to be conducted 
in calendar year 1998 to— 
"(A) assess progress in meeting the objectives set for 
calendar year 2000 under paragraph (2); and 
"(B) as appropriate, consider recommendations for 
meeting these objectives; 
"(6) a scientific review and assessment to be conducted 
in calendar year 2000— 
"(A) to review the stocks covered under paragraph 
(3); and 
"(B) as appropriate to consider recommendations to 
further the objectives set under that paragraph; 
"(7) the establishment of a per vessel maximum annual 
dolphin mortality limit consistent with the established per-
year mortality limits, as determined under paragraphs (1) 
through (3); and 
"(8) the provision of a system of incentives to vessel cap-
tains to continue to reduce dolphin mortality, with the goal 
of eliminating dolphin mortality. 
.'jjiHSf^,.'; 
PUBLIC LAW 105-42—AUG. 15, 1997 
111 STAT. 1131 
"SEC. 303. REGULATORY AUTHORITY OF THE SECRETARY. 
16 USC 1413. 
"(a) REGULATIONS.— 
"(1) The Secretary shall issue regulations, and revise those 
regulations as may oe appropriate, to implement the Inter-
national Dolphin Conservation Program. 
"(2)(A) The Secretary shall issue regulations to authorize 
and govern the 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 endan-
f
ered or threatened under the Endangered Species Act (16 
I.S.C. 1531 et seq.), by vessels of the United States participat-
ing in the International Dolphin Conservation Program. 
"(B) Regulations issued under this section shall include 
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, or serious injury to, marine mammals in fishing oper-
ations; 
"(iii) prohibiting intentional sets on stocks sind schools 
in accordance with the International Dolphin Conservation 
Program; 
"(iv) requiring the use of special equipment, including 
dolphin safety panels in nets, monitoring devices as identi-
fied by the International Dolphin Conservation Program 
to detect unsafe fishing conditions that may cause high 
incidental dolphin mortality before nets are deployed by 
a tuna vessel, operable rafts, speedboats with towing bri-
dles, floodlights in operable condition, and diving masks 
£ind snorkels; 
"(v) ensuring that the backdown procedure during sets 
of purse seine net on marine mammals is completed and 
rolling of the net to sack up has begun no later than 
30 minutes before 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 limits 
and 
per-stock per-year mortality limits in accordance with the 
International Dolphin Conservation Program; 
"(viii) preventing the making of intentional sets on 
dolphins after reaching either 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 that may reduce or eliminate dolphin 
mortality or serious injury do not require the encirclement 
of dolphins in the course of commercial yellowfin 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 specied equipment 
I l l STAT. 1132 
PUBLIC LAW 105-42—AUG. 15, 1997 
or nets if the vessel takes an observer and does not inten-
tionally deploy nets on, or encircle, dolphins, under such 
terms and conditions as the Secretary may prescribe; and 
"(xii) containing such other restrictions and require-
ments as the Secretary determines are necesseiry to 
implement the International Dolphin Conservation Pro-
gram with respect to vessels of the United States. 
"(C) ADJUSTMENTS TO REQUIREMENTS.—The Secretary may 
make such adjustments as may be appropriate to requirements 
of subpsiragraph (B) that pertain to fishing gear, vessel equip-
ment, and fishing practices to the extent the adjustments are 
consistent with the International Dolphin Conservation Pro-
gram. 
"(b) CONSULTATION.—In developing any regulation under this 
section, the Secretary shall consult with the Secretary of State, 
the Marine Mammal Commission, and the United States Commis-
sioners to the Inter-American Tropical Txma Commission appointed 
under section 3 of the Tuna Conventions 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 research conducted 
under section 304 and information obtained under the Inter-
national Dolphin Conservation Program) that the incidental 
mortality and serious injury of marine mammals authorized 
under this title is having, or is likely to have, a significant 
adverse impact on a marine mammal stock or species, the 
Secretary shall— 
"(A) notify the Inter-American Tropical Tuna Commis-
sion of his or her determination, along with recommenda-
tions 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 inciden-
tal mortality and serious injury and mitigate such adverse 
impact. 
"(2) Before taking action under subparagraph (A) or (B) 
of paragraph (1), 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— 
Federal Register, 
"(A) shall be published in the Federal Register, 
publication. 
together with an explanation thereof; 
"(B) shall remain in effect for the duration of the 
applicable fishing year; and 
"(C) may be terminated by the Secretary at an earlier 
date by publication in the Federal Register of a notice 
of termination if the Secretary determines that the reasons 
for the emergency action no longer exist. 
"(4) If the Secretary finds that the incidental mortality 
and serious injury of marine mammsds in the yellowfin tuna 
fishery in the eastern tropical Pacific Ocean is continuing to 
have a significant adverse impact on a stock or species, the 
Secretary may extend the emergency regulations for such addi-
tional periods as may be necessary. 
PUBLIC LAW 105-42—AUG. 15, 1997 
111 STAT. 1133 
"(5) Within 120 days after the Secretary notifies the United 
States Commissioners to the Inter-American Tropical T\ma 
Commission of the Secretarj^s determination under paragraph 
(1)(A), the United States Commissioners shall call for a special 
meeting of the Commission to address the actions necessary 
to reduce incidental mortsJity and serious injury and mitigate 
the adverse impact which resulted in the determination. The 
Commissioners shall report the results of the special meeting 
in writing to the Secretary £ind to the Secretary of State. 
In their report, the Commissioners shall— 
"(A) include a description of the actions taken by the 
harvesting nations or under the International Dolphin Con-
servation Program to reduce the incidental mortality and 
serious injury and measures to mitigate the adverse impact 
on the marine mammal species or stock; 
"(B) indicate whether, in their judgment, the actions 
taken address the problem adequately; and 
"(C) if they indicate that the actions taken do not 
address the problem adequately, include recommendations 
of such additional action to be taken as may be necessary. 
<«EC. 304. RESEARCH. 
"(a) REQUIRED RESEARCH.— 
"(1) IN GENERAL.—The Secretary shall, in consultation with 
the Marine Mammal Commission and the Inter-American 
Tropical Tuna Commission, conduct a study of the effect of 
intentionsd encirclement (including chase) on dolphins and dol-
phin stocks incidentally tgiken in the course of purse seine 
fishing for yellowfin tuna in the eastern tropical Pacific Ocean. 
The study, which shall commence on October 1, 1997, shall 
consist of abundance surveys as described in paragraph (2) 
and stress studies as described in paragraph (3), and shall 
address the question of whether such encirclement is having 
a significant adverse impact on any depleted dolphin stock 
in the eastern tropical Pacific Ocean. 
"(2) 
POPULATION ABUNDANCE SURVEYS.—The abundance 
surveys under this subsection shall survey the abundance of 
such depleted stocks and shall be conducted during each of 
the calendar years 1998,1999, and 2000. 
"(3) STRESS STUDIES.—^The stress studies under this sub-
section shall include— 
"(A) a review of relevant stress-related research and 
a 3-year series of necropsy samples fi'om dolphins obtained 
by commercial vessels; 
"(B) a 1-year review of relevant historical demographic 
and biological data related to dolphins and dolphin stocks 
referred to in paragraph (1); and 
"(C) an experiment involving the repeated chasing and 
capturing of dolphins by means of intentional encirclement. 
"(4) REPORT.—No later than 90 days after publishing the 
finding 
under subsection (g)(2) of the Dolphin Protection 
Consumer Information Act, the Secretary shall complete and 
submit a report containing the results of the research described 
in this subsection to the United States Senate Committee on 
Commerce, Science, and Transportation and the United States 
House of Representatives Committees on Resources and on 
Notification. 
Reports. 
16 use 1414a. 
I l l STAT. 1134 
PUBLIC LAW 105-42—AUG. 15, 1997 
Commerce, and to the Inter-American Tropical Tuna Commis-
sion. 
"(b) OTHER RESEARCH.— 
"(1) IN GENERAL.—In addition to conducting the research 
described in subsection (a), the Secretary shall, in consultation 
with the Marine Mammal Commission and in cooperation with 
the 
nations 
participating in the International 
Dolphin 
Conservation Program and the Inter-American Tropical Tuna 
Commission, undertake or support 
appropriate 
scientific 
research to further the goals of the International Dolphin Con-
servation Program. 
"(2) SPECIFIC AREAS OF RESEARCH.—Research carried out 
under paragraph (1) may include— 
"(A) projects to devise cost-effective fishing methods 
and gear so as to reduce, with the goal of eliminating, 
the incidental mortality and serious injury of marine mam-
mals in connection with commercial purse seine fishing 
in the eastern tropical Pacific Ocean; 
"(B) projects to develop cost-effective methods of fishing 
for mature yellowfin tuna without setting nets on dolphins 
or other marine mammals; 
"(C) projects to carry 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; 
and 
"(D) projects to determine the extent to which the 
incidental take of nontarget species, including juvenile 
tuna, occurs in the course of purse seine fishing for yellow-
fin tuna in the eastern tropical Pacific Ocean, the 
geographic location of the incidental take, and the impact 
of that incidental taike on tuna stocks and nontarget spe-
cies. 
"(c) AUTHORIZATION OF APPROPRIATIONS.— 
"(1) There are authorized to be appropriated to the Sec-
retary the following amounts, to be used by the Secretary 
to carry out the research described in subsection (a): 
"(A) $4,000,000 for fiscal year 1998. 
"(B) $3,000,000 for fiscal year 1999. 
"(C) $4,000,000 for fiscal year 2000. 
"(D) $1,000,000 for fiscal year 2001. 
"(2) In addition to the amount authorized to be appro-
priated under paragraph (1), there Eire authorized to be 
appropriated to the Secretary for carrying out this section 
$3,000,000 for each of the fiscal years 1998, 1999, 2000, and 
2001. 
16 use 1415. 
"SEC. 305. REPORTS BY THE SECRETARY. 
"Notwithstanding section 103(f), the Secretary shall submit 
annual reports to the Congress which include— 
"(1) results of research conducted pursuauit to section 304; 
"(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 bycatch 
of nontEirget species; 
PUBLIC LAW 105-42—AUG. 15, 1997 
111 STAT. 1135 
"(4) a description of the activities of the International 
Dolphin Conservation Program and of the efforts of the United 
States in support of the Program's goals and objectives, includ-
ing the protection of dolphin stocks in the eastern tropical 
Pacific Ocean, and an assessment of the effectiveness of the 
Program; 
"(5) actions taken 
by the 
Secretary under 
section 
101(a)(2)(B) and section 101(d); 
"(6) copies of any relevant resolutions and decisions of 
the Inter-American Tropical Tuna Commission, and any regula-
tions promulgated by the Secreteiry imder this title; and 
"(7) any other information deemed relevant by the Sec-
retary. 
"SEC. 306. PERMITS. 
16 USC 1416. 
"(a) IN GENERAL.— 
"(1) Consistent with the regulations issued pursuant to 
section 303, the Secretary shall 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 controlling 
the fishing operation of the vessel. The Secretary shall prescribe 
such procedures as are necessary to carry out this subsection, 
including requiring the submission of— 
"(A) the name and official number or other identifica-
tion 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, processing 
equipment, and type and quantity of gear, including an 
inventory of special equipment required under section 303, 
with respect to each vessel. 
"(2) The Secretary is authorized to charge a fee for granting 
an authorization and 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 available to the Under Secretary of Commerce for Oceans 
and Atmosphere for expenses incurred in granting authoriza-
tions and issuing permits under this section. 
"(3) After the effective date of the International Dolphin 
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 issued 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 307; 
"(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 307; 
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. 
I l l STAT. 1136 
PUBLIC LAW 105-42—AUG. 15, 1997 
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 appropriate; 
"(iii) deny such permit; or 
"(iv) impose additional conditions or restrictions 
on any permit issued to, or applied for by, £iny 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 gravity of 
the prohibited acts for which the sanction is imposed; and 
"(B) with respect to the violator, the degree of culpabil-
ity, any history of prior offenses, and other such matters 
as justice requires. 
"(3) Transfer of ownership of a vessel, by sale or otherwise, 
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 Secretary 
shall reinstate the permit upon payment of the penalty 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 
underljdng the violation for which the sanction is imposed, 
either in conjunction with a civil penalty proceeding under 
this title or otherwise.", 
(d) Section 307 (16 U.S.C. 1417) is amended— 
(1) by striking paragraphs (1), (2), and (3) of subsection 
(a) and inserting the following: 
"(1) for any person to sell, purchase, offer for sale, trans-
port, or ship, in the United States, any tuna or tuna product 
unless the tuna or tima product is either dolphin safe or has 
been harvested in compliance with the International Dolphin 
Conservation Program by a country that is a member of the 
Inter-American Tropical Tiuia Commission or has initiated and 
within 6 months thereafter completed all steps required of 
applic£int nations in accordance with Article V, paragraph 3 
of the Convention establishing the Inter-American Tropical 
Tuna Commission, to become a member of that organization; 
"(2) except as provided for in subsection 101(a), for any 
person or vessel subject to the jurisdiction of the United States 
intentionally to set a piu*se seine net on or to encircle any 
meirine mammal in the course of tuna fishing operations in 
the eastern tropical Pacific Ocean except in accordance with 
this title and regulations issued pursuant to this title; and 
"(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 imposed under section 101(a)(2);"; 
(2) by inserting "(a)(5) or" before "(a)(6)" in subsection 
(b)(2); and 
PUBLIC LAW 105-42—AUG. 15, 1997 
111 STAT. 1137 
(3) by striking subsection (d). 
(e) Section 308 (16 U.S.C. 1418) is repealed. 
(f) 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. International Dolpnin Conservation Program. 
"Sec. 303. Regulatory authority of the Secretary. 
"Sec. 304. Research. 
"Sec. 305. Reports by the Secretary. 
"Sec. 306. Permits. 
"Sec. 307. Prohibitions.". 
SEC. 7. AMENDMENTS TO THE TUNA CONVENTIONS ACT. 
(a) Section 3(c) of the Tuna Conventions Act (16 U.S.C. 952(c)) 
is amended to read as follows: 
"(c) at least one shall be either the Administrator, or an appro-
priate officer, of the National Meirine Fisheries Service; and". 
(b) Section 4 of the Tuna Conventions Act (16 U.S.C. 953) 
is amended to read as follows: 
"SEC. 4. GENERAL ADVISORY COMMITTEE AND SCIENTIFIC ADVISORY 
SUBCOMMITTEE. 
"(a) APPOINTMENTS; PUBLIC PARTICIPATION; COMPENSATION.— 
The Secretary, in consultation with the United States Commis-
sioners, 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 partici-
pating in the fisheries included under the conventions, and 
from nongovernmental conservation organizations; 
"(2) appoint a Scientific Advisory Subcommittee which shall 
be composed of not less than 5 nor more than 15 qualified 
scientists with balanced representation from the public and 
private 
sectors, 
including 
nongovernmental 
conservation 
organizations; 
"(3) establish procedures to provide for appropriate public 
participation and public meetings and to provide for the con-
fidentiality of confidential business data; and 
"(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 mem-
bers. 
"(b) FUNCTIONS.— 
"(1) GENERAL ADVISORY COMMITTEE.—The General Advisory 
Committee shall be invited to have representatives attend all 
nonexecutive meetings of the United States sections and shall 
be given full opportimity to examine £ind to be heard on all 
proposed programs of investigations, reports, recommendations, 
and regulations of the Commission. The General Advisory 
Committee may attend all meetings of the international 
commissions to which they are invited by such commissions. 
"(2) SCIENTIFIC ADVISORY SUBCOMMITTEE.— 
"(A) ADVICE.—The Scientific Advisory Subcommittee 
shall advise the General Advisory Committee and the 
Commissioners on matters including— 
I l l STAT. 1138 
PUBLIC LAW 105-42—AUG. 15, 1997 
"(i) the conservation of ecosystems; 
"(ii) the sustainable uses of living marine resources 
related to the tuna fishery in the eastern Pacific Ocean; 
and 
"(iii) the long-term conservation and management 
of stocks of living marine resources in the eastern 
tropical Pacific Ocean. 
"(B) OTHER FUNCTIONS AND ASSISTANCE.—The Sci-
entific Advisory Subcommittee shall, as requested by the 
General Advisory Committee, the United States Commis-
sioners, 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 functions 
may include— 
"(i) the review of data from the Program, including 
data received from the Inter-American Tropical Tuna 
Commission; 
"(ii) recommendations on research needs, including 
ecosystems, fishing practices, and gear technology 
research, including the development and use of selec-
tive, environmentally safe and cost-effective fishing 
gear, and on the coordination and facilitation of such 
research; 
"(iii) 
recommendations 
concerning 
scientific 
reviews and assessments required under the Program 
and engaging, as appropriate, in such reviews and 
assessments; 
"(iv) consulting with other experts as needed; and 
"(v) recommending measures to assure the regular 
and timely full exchange of data among the parties 
to the Program and each nation's National Scientific 
Advisory Committee (or its equivalent). 
"(3) ATTENDANCE AT MEETINGS.—The Scientific Advisory 
Subcommittee shall be invited to have representatives attend 
all 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 pro-
grams of scientific investigation, scientific reports, and scientific 
recommendations of the commission. Representatives of the 
Scientific Advisory Subcommittee may attend meetings of the 
Inter-American Tropical Tuna Commission in accordance with 
the rules of such Commission.". 
(c) BYCATCH REDUCTION.—The Tuna Conventions Act (16 U.S.C. 
951 et seq.) is amended by adding at the end thereof the following: 
16 use 962. 
"SEC. 15. REDUCTION OF BYCATCH IN THE EASTERN TROPICAL 
PACIFIC OCEAN. 
"The Secretary of State, in consultation with the Secretary 
of Commerce and acting through the United States Commissioners, 
shall seek, in cooperation with other nations whose vessel fish 
for tuna in the eastern tropical Pacific Ocean, to establish standards 
and measures for a bycatch reduction program for vessels fishing 
for yellowfin tuna in the eastern tropical Pacific Ocean. The bycatch 
reduction program shall include measures— 
PUBLIC LAW 105-42—AUG. 15, 1997 
111 STAT. 1139 
"(1) to require, to the maximum extent practicable, that 
sea turtles and other threatened species and endangered species 
are released alive; 
"(2) to reduce, to the maximum extent practicable, the 
harvest of nontarget species; 
"(3) to reduce, to the maximum extent practicable, the 
mortality of nontarget species; and 
"(4) to reduce, to the maximum extent practicable, the 
mortality of 
juveniles of the target species.". 
SEC. 8. EFFECTIVE DATES. 
16 USC 1362 
(a) AMENDMENTS TO TAKE EFFECT WHEN I D C P IN FORCE.— 
^°^' 
Sections 3 through 7 of this Act (except for section 304 of the 
Marine Mammal Protection Act of 1972 as added by section 6 
of this Act) shall become effective upon— 
(1) certification by the Secretary of Commerce that— 
(A) sufficient funding is available to complete the first 
year of the study required under section 304(a) of the 
Marine Mammal Protection Act of 1972, as so added; and 
(B) the study has commenced; and 
(2) certification by the Secretary of State to Congress that 
a binding resolution of the Inter-American Tropical Tuna 
Commission or other legally binding instrument establishing 
the International Dolphin Conservation Program has been 
adopted and is in force. 
(b) SPECIAL EFFECTIVE DATE.—^Notwithstanding subsection (a), 
the Secretary of Commerce may issue regulations under— 
(1) subsection (f)(2) of the Dolphin Protection Consumer 
Information Act (16 U.S.C. 1385(f)(2)), as added by section 
5(b) of this Act; 
(2) section 303(a) of the Marine Mammal Protection Act 
of 1972 (16 U.S.C. 1413(a)), as added by section 6(c) of this 
Act, 
at any time after the date of enactment of this Act. 
Approved August 15, 1997. 
LEGISLATIVE HISTORY—H.R. 408 (S. 39): 
HOUSE REPORTS: No. 105-74, Pt. 1 (Comm. on Resources) and Pt. 2 (Comm. on 
CONGRESSIONAL RECORD, Vol. 143 (1997): 
May 21, considered and passed House. 
July 30, considered and passed Senate, amended, in lieu of S. 39. 
July 31, House concurred in Senate amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 33 (1997): 
Aug. 15, Presidential statement.