[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2179 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 2179

   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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 3, 1995

Mr. Cunningham (for himself, Mr. Bilbray, Mr. Hunter, and Mr. Packard) 
 introduced the following bill; which was referred to the Committee on 
                               Resources

_______________________________________________________________________

                                 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 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 Act Amendments of 1995''.
    (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. PURPOSES.

    The purposes of this Act are the following:
            (1) To recognize the achievements of, and support continued 
        implementation of, the International Dolphin Conservation 
        Program administered by the Inter-American Tropical Tuna 
        Commission.
            (2) To modify and strengthen the embargo provisions of the 
        Marine Mammal Protection Act of 1972 to assure compliance with 
        that program.
            (3) To authorize participation by United States tuna 
        fishing vessels in the yellowfin tuna fishery of the eastern 
        tropical Pacific Ocean in accordance with that program.
            (4) To ensure a viable and ecologically sound tuna fishery 
        in the eastern tropical Pacific Ocean, including by avoidance 
        of bycatch of nontargeted marine species, maintenance of 
        healthy stocks of tuna, and protection of marine mammal 
        populations.
            (5) To otherwise strengthen and improve international 
        efforts to reduce incidental dolphin mortality to insignificant 
        levels approaching a zero mortality and serious injury rate as 
        required by the Marine Mammal Protection Act of 1972.

SEC. 3. AMENDMENT OF INTERNATIONAL DOLPHIN CONSERVATION ACT.

    Title III of the Marine Mammal Protection Act of 1972 (16 U.S.C. 
1411-1418) is amended to read as follows:

        ``TITLE III--INTERNATIONAL DOLPHIN CONSERVATION PROGRAM

``SEC. 301. FINDINGS AND POLICY.

    ``(a) Findings.--The Congress finds the following:
            ``(1) Although in past years the yellowfin tuna fishery of 
        the eastern tropical Pacific Ocean has resulted in excessive 
        incidental mortality to dolphins, efforts by tuna fishermen 
        operating under United States and international conservation 
        programs have reduced this incidental mortality to levels that 
        are approaching a zero mortality and serious injury rate in 
        accordance with section 101(a)(2).
            ``(2) Support of the International Dolphin Conservation 
        Program is necessary to assure that these low levels of dolphin 
        mortality are maintained and eventually eliminated, if 
        possible.
            ``(3) United States tuna fishing vessels have led the world 
        in the development of fishing methods to reduce dolphin 
        mortalities in the eastern tropical Pacific Ocean and should be 
        allowed to fish in that region on an equal basis with foreign 
        fleets.
    ``(b) Policy.--It is the policy of the United States to--
            ``(1) continue the progress made in reducing the incidental 
        mortality of dolphins in the yellowfin tuna fishery in the 
        eastern tropical Pacific Ocean;
            ``(2) support the International Dolphin Conservation 
        Program; and
            ``(3) authorize the participation of United States tuna 
        fishing vessels in the yellowfin tuna fishery of the eastern 
        tropical Pacific Ocean in a manner consistent with the 
        International Dolphin Conservation Program and the requirements 
        of this Act.

``SEC. 302. AUTHORITY OF SECRETARY.

    ``(a) Regulations.--The Secretary may issue regulations to govern 
the incidental taking of marine mammals in the course of commercial 
purse seine fishing for yellowfin tuna in the eastern tropical Pacific 
Ocean. Any such regulations shall be consistent with the requirements 
of the International Dolphin Conservation Program and with the goal of 
reducing the incidental mortality or serious injury of marine mammals 
occurring in the yellowfin tuna fishery in the eastern tropical Pacific 
Ocean to insignificant levels approaching a zero mortality and serious 
injury rate.
    ``(b) Consultations.--In developing any regulation under this 
section, the Secretary shall consult with the Secretary of State and 
the United States Commissioners to the Inter-American Tropical Tuna 
Commission appointed under section 3 of the Tuna Conventions Act of 
1950 (16 U.S.C. 952).

``SEC. 303. OBSERVERS.

    ``All vessels subject to the jurisdiction of the United States 
engaged in commercial purse seine fishing for yellowfin tuna in the 
eastern tropical Pacific Ocean shall carry an observer certified by the 
Secretary or by the Inter-American Tropical Tuna Commission for the 
purpose of conducting research and observing fishing operations unless, 
for reasons beyond the control of the Secretary, an observer is not 
available for such purpose.

``SEC. 304. PROHIBITIONS, PENALTIES, AND CIVIL FORFEITURES.

    ``(a) Prohibitions.--It is unlawful--
            ``(1) for any person to violate any regulation promulgated 
        under this title;
            ``(2) for any person to refuse to allow any duly authorized 
        officer to board a vessel subject to that person's control for 
        purposes of conducting any search or inspection in connection 
        with the enforcement of this title;
            ``(3) for any person to assault, resist, oppose, impede, 
        intimidate, or interfere with any such authorized officer in 
        the conduct of any search or inspection described in paragraph 
        (2); and
            ``(4) 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 except in 
        accordance with the International Dolphin Conservation Program.
    ``(b) Penalties.--
            ``(1) Civil penalty.--A person that knowingly and willfully 
        violates subsection (a)(1), (2), or (4) shall be subject to a 
        civil penalty under section 105(a).
            ``(2) Criminal penalty.--A person that knowingly and 
        willfully violates subsection (a)(3) shall be subject to a 
        criminal penalty under section 105(b).
    ``(c) Civil Forfeitures.--Any vessel (including its fishing gear, 
appurtenances, stores, and cargo) used, and any fish (or its fair 
market value) taken or retained, in any manner, in connection with or 
as a result of the commission of any act prohibited by this section 
shall be subject to forfeiture to the United States in the manner 
provided in section 310 of the Magnuson Fishery Conservation and 
Management Act (16 U.S.C. 1860).
    ``(d) 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 the following:

        ``TITLE III--INTERNATIONAL DOLPHIN CONSERVATION PROGRAM

``Sec. 301. Findings and policy.
``Sec. 302. Authority of Secretary.
``Sec. 303. Observers.
``Sec. 304. Prohibitions, penalties, and civil forfeitures.''.
SEC. 4. DEFINITIONS.

    Section 3 (16 U.S.C. 1362) is amended by adding at the end the 
following new paragraph:
            ``(28) The term `International Dolphin Conservation 
        Program' means--
                    ``(A) the international program established by the 
                agreement signed in La Jolla, California, in June, 
                1992, and administered by the Inter-American Tropical 
                Tuna Commission; or
                    ``(B) an equivalent successor program agreed to by 
                the United States.''.

SEC. 5. AMENDMENT OF EMBARGO PROVISIONS.

    Section 101(a)(2)(B) (16 U.S.C. 1371(a)(2)(B)) is amended to read 
as follows:
            ``(B) in the case of yellowfin tuna harvested with purse 
        seine nets in the eastern tropical Pacific Ocean, and products 
        therefrom, to be exported to the United States, shall require 
        that the government of the exporting nation provide documentary 
        evidence that the fishing vessels of the exporting nation 
        participate in the International Dolphin Conservation Program. 
        Such participation in the International Dolphin Conservation 
        Program shall be deemed as establishing that such nation's 
        regulatory program is comparable to, and not in excess of, 
        United States standards if--
                    ``(i) dolphin mortality under the International 
                Dolphin Conservation Program is within the potential 
                biological removal level for each affected stock;
                    ``(ii) the fishing vessels of the exporting nation 
                are subject to 100 percent observer coverage by 
                observers approved by the Inter-American Tropical Tuna 
                Commission;
                    ``(iii) the government of the exporting nation 
                authorizes the Inter-American Tropical Tuna Commission 
                to release sufficient information to the Secretary to 
                establish participation in the International Dolphin 
                Conservation Program;
                    ``(iv) the government of the exporting nation 
                complies with all reasonable requests for cooperation 
                in carrying out the scientific research program 
                required by section 117; and
                    ``(v) responsible officials administering the 
                International Dolphin Conservation Program have not 
                determined that any fishing vessel of the exporting 
                nation is failing to participate in such program.''.
SEC. 6. FURTHER TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Miscellaneous Amendments to Title I.--
            (1) Section 101(a)(2) (16 U.S.C. 1371(a)) is amended in the 
        second sentence by striking the semicolon and all that follows 
        through ``practicable''.
            (2) Section 104(a) (16 U.S.C. 1374(a)) is amended in the 
        second sentence by striking ``, or subsection (h) of this 
        section''.
            (3) Section 104 (16 U.S.C. 1374) is amended by striking 
        subsection (h).
            (4) Section 118(a)(3) (16 U.S.C. 1387(a)(3)) is amended to 
        read as follows:
    ``(3) Title III, and not this section, shall govern the taking of 
marine mammals in the course of commercial purse seine fishing for 
yellowfin tuna in the eastern tropical Pacific Ocean.''.
    (b) Citizens on Foreign Vessels.--Section 101 (16 U.S.C. 1371) is 
amended by adding at the end the following new subsection:
    ``(d) The provisions of this Act shall not apply to the taking of 
marine mammals during fishing operations by a citizen of the United 
States when such citizen is employed on a foreign fishing vessel that 
is participating in the International Dolphin Conservation Program.''.
    (c) Tuna Conventions Act.--Section 3(c) of the Tuna Conventions 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 Marine Fisheries 
        Service; and''.

SEC. 7. REPEAL OF MARKETPLACE LABELING REQUIREMENTS.

    (a) In General.--The Dolphin Protection Consumer Information Act 
(16 U.S.C. 1385) is repealed.
    (b) Relationship to Other Law.--Nothing in this section shall in 
any way affect, or be construed to affect, requirements for the 
protection and management of marine mammals under the Driftnet Impact 
Monitoring, Assessment, and Control Act of 1987 (16 U.S.C. 1822 note), 
the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.), or 
any other applicable law.
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