[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1420 Reported in Senate (RS)]






                                                       Calendar No. 637
104th CONGRESS
  2d Session
                                S. 1420

                          [Report No. 104-373]

   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 SENATE OF THE UNITED STATES

            November 17 (legislative day, November 16), 1995

 Mr. Stevens (for himself, Mr. Breaux, Mr.  Chafee, Mr. Johnston, Mr. 
Murkowski, Ms. Moseley-Braun, Mr. Thurmond, and Mr. Simpson) introduced 
the following bill; which was read twice and referred to the Committee 
                on Commerce, Science, and Transportation

                           September 30, 1996

               Reported by Mr. Pressler, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 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 Program Act''.
    (b) References to Marine Mammal Protection Act.--Except as 
otherwise expressly provided, whenever in this Act an amendment or 
repeal is expressed in terms of an amendment to, or repeal of, a 
section or other provision, the reference shall be considered to be 
made to a section or other provision of the Marine Mammal Protection 
Act of 1972 (16 U.S.C. 1361 et seq.).

SEC. 2. PURPOSE AND FINDINGS.

<DELETED>    (a) Purpose.--The purpose of this Act is to give effect to 
the Declaration of Panama, signed October 4, 1995, by the Governments 
of Belize, Colombia, Costa Rica, Ecuador, France, Honduras, Mexico, 
Panama, Spain the United States of America, Vanuatu, and Venezuela, 
including the establishment of the International Dolphin Conservation 
Program, relating to the protection of dolphins and other species, and 
the conservation and management of tuna in the eastern tropical Pacific 
Ocean.</DELETED>
<DELETED>    (b) Findings.--The Congress finds that twelve nations, 
including the United States, agreed in the Declaration of Panama to, 
among other things--</DELETED>
        <DELETED>    (1) 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, with the 
        commitment and objective of progressively reduce dolphin 
        mortality to levels approaching zero through the setting of 
        annual limits;</DELETED>
        <DELETED>    (2) establish a per-stock per-year mortality limit 
        up to the year 2001 of between 0.2 percent and 0.1 percent of 
        the minimum population estimate;</DELETED>
        <DELETED>    (3) starting with the year 2001, require that the 
        per-stock per-year mortality of dolphin not exceed 0.1 percent 
        of the minimum population estimate;</DELETED>
        <DELETED>    (4) require that in the event that the mortality 
        limits in paragraph (1), (2), or (3) are exceeded, all sets on 
        dolphins in the case of paragraph (1), or sets on such stock 
        and any mixed schools containing members of such stock in the 
        case of paragraph (2) or (3), shall cease for that fishing 
        year; in the case of paragraph (2), to conduct a scientific 
        review and assessment in 1998 of progress toward the year 2000 
        objective and consider recommendations as appropriate; and, in 
        the case of paragraph (3), to conduct a scientific review and 
        assessment regarding that stock or those stocks and consider 
        further recommendations;</DELETED>
        <DELETED>    (5) establish a per-vessel maximum annual dolphin 
        mortality limit consistent with the established per-year 
        mortality caps; and</DELETED>
        <DELETED>    (6) provide a system of incentives to vessel 
        captains to continue to reduce dolphin mortality, with the goal 
        of eliminating dolphin mortality.</DELETED>
    (a) Purposes.--The purposes of this Act are--
            (1) to give effect to the Declaration of Panama, signed 
        October 4, 1995, by the Governments of Belize, Colombia, Costa 
        Rica, Ecuador, France, Honduras, Mexico, Panama, Spain, the 
        United States of America, Vanuatu, and Venezuela, including the 
        establishment of the International Dolphin Conservation 
        Program, 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 significant 
        reductions in dolphin mortality associated with that fishery; 
        and
            (3) to eliminate the ban on imports of tuna from those 
        nations 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
            (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, with a commitment and objective 
        to progressively 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:
        <DELETED>    ``(28) The term `International Dolphin 
        Conservation Program' means the international program 
        established by the agreement signed in La Jolla, California, in 
        June 1992, as formalized, modified, and enhanced in accordance 
with the Declaration of Panama.</DELETED>
            ``(28) The term `International Dolphin Conservation 
        Program' means the international program established by the 
        agreement signed in LaJolla, California, in June, 1992, as 
        formalized, modified, and enhanced in accordance with the 
        Declaration of Panama, that requires--
                    ``(A)(i) that the total annual dolphin mortality in 
                the purse seine fishery for yellow fin tuna in the 
                eastern tropical Pacific Ocean be limited to 5,000; and
                    ``(ii) a commitment and objective to progressively 
                reduce dolphin mortality to a level approaching zero 
                through the setting of annual limits;
                    ``(B) the establishment of a per stock per year 
                mortality limit of dolphin at a level between 0.2 
                percent and 0.1 percent of the minimum population 
                estimate to be in effect through calendar year 2000;
                    ``(C) the establishment of a per stock per year 
                mortality limit of dolphin at a level less than or 
                equal to 0.1 percent of the minimum population estimate 
                beginning with the calendar year 2001;
                    ``(D) that if a mortality limit is exceeded under--
                            ``(i) subparagraph (A), all sets on 
                        dolphins shall cease for the applicable fishing 
                        year; and
                            ``(ii) subparagraph (B) or (C), all sets on 
                        the stocks covered under subparagraph (B) or 
                        (C) and any mixed schools that contain any of 
                        those stocks shall cease for the applicable 
                        fishing year;
                    ``(E) a scientific review and assessment to be 
                conducted in calendar year 1998 to--
                            ``(i) assess progress in meeting the 
                        objectives set for calendar year 2000 under 
                        subparagraph (B); and
                            ``(ii) as appropriate, consider 
                        recommendations for meeting these objectives;
                    ``(F) a scientific review and assessment to be 
                conducted--
                            ``(i) to review the stocks covered under 
                        subparagraph (C); and
                            ``(ii) as appropriate to consider 
                        recommendations to further the objectives set 
                        under that subparagraph;
                    ``(G) the establishment of a per vessel maximum 
                annual dolphin mortality limit consistent with the 
                applicable per year mortality caps, as determined under 
                subparagraphs (A) through (C); and
                    ``(H) 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) Section 101(a)(2) (16 U.S.C. 1371(a)(2)) is amended--
            (1) by inserting in the first sentence ``, and 
        authorizations may be granted under title III with respect to 
        the yellowfin tuna fishery of the eastern tropical Pacific 
        Ocean, subject to regulations prescribed under that title by 
        the Secretary without regard to section 103'' before the 
        period; and
            (2) by striking the semicolon in the second sentence and 
        all that follows through ``practicable''.
    (b) 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--
                            ``(i)(I) the tuna or products therefrom 
                        were not banned from importation under 
                        <DELETED>section 101(a)(2) </DELETED>this 
                        paragraph before the effective date of 
                        <DELETED>this section;</DELETED> the 
                        International Dolphin Conservation Program Act; 
                        or
                            ``<DELETED>(ii)</DELETED> (II) the tuna or 
                        products therefrom were harvested after the 
                        effective date of <DELETED>this section</DELETED> 
                        the International Dolphin Conservation Program 
                        Act by vessels of a nation which participates 
                        in the International 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, in 
                        accordance with article V, paragraph 3 of the 
                        Convention establishing the Inter-American 
                        Tropical Tuna Commission necessary, to become a 
                        member of that <DELETED>organization, 
                        </DELETED>organization;
                            ``(ii) such nation is meeting the 
                        obligations of the International Dolphin 
                        Conservation Program and the 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 mortality limits 
                        permitted for that nation's vessels under the 
                        International Dolphin Conservation Program do 
                        not exceed those levels determined for 1996, or 
                        in any year thereafter, consistent with 
                        requirements of the International Dolphin 
                        Conservation Program, including the goal of 
                        eliminating dolphin mortality,
                except that the Secretary shall not accept such 
                documentary evidence <DELETED>as satisfactory proof for 
                purposes of this paragraph</DELETED> if--
                                <DELETED>    ``(I) the government of 
                                the harvesting nation does not 
                                authorize the Inter-American Tropical 
                                Tuna Commission to release sufficient 
                                information to the Secretary to allow a 
                                determination of compliance with the 
                                International Dolphin Conservation 
                                Program; or</DELETED>
                                    ``(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 to allow determination of 
                                compliance with the International 
                                Dolphin Conservation Program;
                                    ``(II) 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 for the purposes of 
                                tracking and verifying compliance with 
                                the minimum requirements established by 
                                the Secretary in regulations 
                                promulgated under subsection (f) of the 
                                Dolphin Protection Consumer Information 
                                Act (16 U.S.C. 1385(f)); or
                                    ``<DELETED>(II)</DELETED> (III) 
                                after taking into consideration this 
                                information, findings of the Inter-
                                American Tropical Tuna Commission, and 
                                any other relevant information, 
                                including <DELETED>but not limited to</DELETED> 
                                information that a nation is 
                                consistently 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.''.
    (c) Section 101 (16 U.S.C. 1371) is amended by adding at the end 
the following new subsection:
    ``(d) 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 <DELETED>when such citizen</DELETED> who incidentally takes any 
marine mammal during fishing operations outside the United States 
exclusive economic zone (as defined in section 3 of the Magnuson 
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 with the International Dolphin Conservation Program.''.
    (d) Section 104(h) (16 U.S.C. 1374(h)) is amended to read as 
follows:
    (h) General Permits.--
            ``<DELETED>(h) </DELETED>(1) Consistent with the 
        regulations prescribed pursuant 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 vessel 
        for the taking of such marine mammals, <DELETED>together with 
        </DELETED>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 <DELETED>304, </DELETED>304 of this Act, 
        subject to the regulations issued pursuant to section 
        <DELETED>302. </DELETED>302 of this Act.''.
    (e) 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-American Tropical Tuna 
                Commission (1 U.S.T. 230; TIAS 2044) which will 
                incorporate--
                            ``(i) the conservation and management 
                        provisions agreed to by the nations which have 
                        signed the Declaration of Panama and in the 
                        Straddling Fish Stocks and Highly Migratory 
                        Fish Stocks Agreement, as opened for signature 
                        and ratification on December 4, 1995; and
                            ``(ii) a revised schedule of annual 
                        contributions to the expenses of the Inter-
                        American Tropical Tuna Commission that is 
                        equitable to participating nations; and
                    ``(D) discussions with those countries 
                participating, or likely to participate, in the 
                International Dolphin Conservation 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;''.
<DELETED>    (e) Section 110 (16 U.S.C. 1380) is amended--</DELETED>
        <DELETED>    (1) by redesignating subsection (a)(1) as 
        subsection (a); and</DELETED>
        <DELETED>    (2) by striking subsection (a)(2).</DELETED>
    (f) Section 110(a) (16 U.S.C. 1380(a)) is amended--
            (1) by striking ``(1)'' in paragraph (1); and
            (2) by striking paragraph (2).
    <DELETED>(f)</DELETED>(g) Subsection (d)(1) of the Dolphin 
Protection Consumer Information 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, 
        distributor, 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 
        contains--
                    ``(A) tuna harvested on the high seas by a vessel 
                engaged in driftnet fishing;
                    ``(B) tuna harvested in the eastern tropical 
                Pacific Ocean by a vessel using purse seine nets which 
                do not meet the requirements of being considered 
                dolphin safe under paragraph (2); or
                    ``(C) tuna harvested outside the eastern tropical 
                Pacific Ocean by a vessel using purse seine nets which 
                do not meet the requirements for being considered 
                dolphin safe under paragraph (3).''.
    (g) Subsection (d)(2) of the Dolphin Protection Consumer 
Information Act (16 U.S.C. 1385(d)(2)) is amended to read as follows:
            ``(2) For purposes of paragraph (1)(B), a tuna product that 
        contains tuna harvested in the eastern tropical Pacific Ocean 
        by a vessel using purse seine nets is dolphin safe if--
                    ``(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 
                statement executed by the captain of the vessel which 
                harvested the tuna certifying that no dolphins were 
                killed during the sets in which the tuna were caught; 
                <DELETED>and
                </DELETED>    ``(ii) the product is accompanied by a 
                written statement executed by--
                            ``(I) the Secretary or the Secretary's 
                        designee;
                            ``(II) a representative of the Inter-
                        American Tropical Tuna Commission; or
                            ``(III) an authorized representative of a 
                        participating nation whose national program 
                        meets the requirements 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 <DELETED>documents 
                </DELETED>that such observer documented that no 
                dolphins were killed during the sets in which the tuna 
                in the tuna product were caught; and
                    ``(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 
                promulgated by the Secretary which would provide for 
                the verification of tuna products as dolphin safe.''.
    (h) Subsection (d) of the Dolphin Protection Consumer Information 
Act (16 U.S.C. 1385(d)) is amended further by adding the following new 
paragraphs:
            ``(3) For purposes of paragraph (1)(C), tuna or a tuna 
        product that contains tuna harvested outside the eastern 
        tropical Pacific Ocean by a fishing vessel using purse seine 
        nets is dolphin safe if--
                    ``(A) it is accompanied by a written statement 
                executed by the captain of the vessel certifying that 
                no purse seine net was intentionally deployed on or to 
                encircle dolphins during the particular voyage on which 
                the tuna was harvested; or
                    ``(B) in any fishing in which the Secretary has 
                determined that a regular and significant association 
                occurs between marine mammals and tuna, it is 
                accompanied by a written statement executed by the 
                captain of the vessel and an observer, certifying that 
                no purse seine net was intentionally deployed on or to 
                encircle marine mammals during the particular voyage on 
                which the tuna was harvested.
            ``(4) No tuna product may be labeled with any reference to 
        dolphins, porpoises, or marine mammals, except as dolphin safe 
        in accordance with this subsection.''.
    (i) Subsection (f) of the Dolphin Protection Consumer Information 
Act (16 U.S.C. 1385(f)) is amended to read as follows:
<DELETED>    ``(f) The Secretary, in consultation with the Secretary of 
the Treasury, shall issue regulations to implement this section not 
later than three months after the effective date of this section, 
including including, but not limited to, including regulations 
addressing the use of weight calculation and well location, and which 
require that tuna products are labeled in accordance with subsection 
(d).''.</DELETED>
    ``(f) Regulations.--The Secretary, in consultation with the 
Secretary of the Treasury, shall issue regulations to implement this 
section not later than 3 months after the date of enactment of the 
International Dolphin Conservation Program Act. In the development of 
these regulations, the Secretary shall establish appropriate procedures 
for ensuring the confidentiality of proprietary information the 
submission of which is voluntary or mandatory. The regulations shall 
establish a domestic tracking and verification program that provides 
for the effective tracking of tuna labeled under subsection (d), 
including provisions that 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 certifying 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); and
            ``(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 
        subsection.
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.''.

SEC. 5. AMENDMENTS TO TITLE III.

    (a) The heading of title III is amended to read as follows:

       ``TITLE III--INTERNATIONAL DOLPHIN CONSERVATION PROGRAM''.

    (b) Section 301 (16 U.S.C. 1411) is amended--
        <DELETED>    (1) in subsection (a), by striking paragraph (4) 
        and inserting in lieu thereof:</DELETED>
            (1) by striking paragraph (4) of subsection (a) and 
        inserting the following:
            ``(4) Nations harvesting yellowfin tuna in the eastern 
        tropical Pacific Ocean have demonstrated their willingness to 
        participate in appropriate multilateral agreements to reduce, 
        with the goal of eliminating, 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 dolphins are 
        adequately protected; and that the goal of eliminating all 
        dolphin mortality continues to be a priority.''; and
        <DELETED>    (2) in subsection (b), by striking paragraphs (2) 
        and (3) and inserting in lieu thereof:</DELETED>
            (2) by striking paragraphs (2) and (3) of subsection (b) 
        and inserting the following:
            ``(2) support the International Dolphin Conservation 
        Program 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 
        International Dolphin Conservation Program;''.
    (c) Section 302 (16 U.S.C. 1412) is amended to read as follows:

``SEC. 302. AUTHORITY OF THE SECRETARY.

    ``(a) Regulations.--
            ``<DELETED>(a) Regulations.-- </DELETED>(1) The Secretary 
        shall issue regulations to implement the International Dolphin 
        Conservation Program.
            ``(2)(A) Not later than <DELETED>three </DELETED>3 months 
        after the effective date of <DELETED>this section, 
        </DELETED>the International Dolphin Conservation Program Act, 
        the Secretary shall issue regulations to authorize and govern 
        the incidental taking of marine <DELETED>mammal 
        </DELETED>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 (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 
                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 marine 
                        mammals in fishing operations;
                            ``(iii) prohibiting intentional sets on 
                        stocks and schools in accordance with the 
                        International Dolphin Conservation Program;
                            ``(iv) requiring the use of special 
                        equipment, <DELETED>including, but not limited 
                        to, </DELETED>including dolphin safety panels 
                        in nets, monitoring devices as identified 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 bridles, 
                        floodlights in operable condition, and diving 
                        masks and 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 <DELETED>thirty</DELETED> 
                        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 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 do not require 
                        the encirclement of dolphins in the course of 
                        commercial yellowfin tuna fishing; and
                            ``(xi) containing such other restrictions 
                        and requirements as the Secretary determines 
                        are necessary to implement the International 
                        Dolphin Conservation Program with respect to 
                        vessels of the United <DELETED>States; 
                        </DELETED>States.
                <DELETED>except that the Secretary may make such 
                adjustments as may be appropriate to provisions that 
                pertain to fishing gear and fishing practice 
                requirements in order to carry out the International 
                Dolphin Conservation Program.</DELETED>
                    ``(C) Adjustments to requirements.--The Secretary 
                may make such adjustments as may be appropriate to 
                requirements of subparagraph (B) that pertain to 
                fishing gear, vessel equipment, and fishing practices 
                to the extent the adjustments are consistent with the 
                International Dolphin Conservation Program.
    ``(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 Commissioners to the 
Inter-American Tropical Tuna Commission appointed under section 3 of 
the Tuna Conventions Act of 1950 (16 U.S.C. 952).
    ``(c) Emergency Regulations.--
            ``<DELETED>(c) Emergency Regulations.--</DELETED>(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 
        mortality 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 <DELETED>shall take actions as follows-- 
        </DELETED>shall--
                    ``(A) notify the Inter-American Tropical Tuna 
                Commission of his or her 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) <DELETED>Prior to taking action under paragraph (1) 
        (A) or (B), </DELETED>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 
        subsection--
                    ``(A) shall be published in the Federal Register, 
                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 <DELETED>termination, </DELETED>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 mammals 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 
        additional periods as may be necessary.
    ``(d) Research.--The Secretary shall, in cooperation with the 
nations participating in the International Dolphin Conservation Program 
and with the Inter-American Tropical Tuna Commission, undertake or 
support appropriate scientific research to further the goals of the 
International Dolphin Conservation Program, <DELETED>including, but not 
limited to </DELETED>including--
            ``(1) devising cost-effective fishing methods and gear so 
        as to reduce, with the goal of eliminating, the incidental 
        mortality and serious injury of marine mammals in connection 
        with commercial purse seine fishing in the eastern tropical 
        Pacific Ocean;
            ``(2) developing cost-effective methods of fishing for 
        mature yellowfin tuna without setting nets on dolphins or other 
        marine mammals;
            ``(3) carrying out <DELETED>a scientific research program 
        as described in section 117</DELETED> 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; 
        <DELETED>and
        </DELETED>    ``(4) studying the effect of chase and 
        encirclement on the health and biology of dolphin and dolphin 
        populations incidentally taken in the course of purse seine 
        fishing for yellowfin tuna in the eastern tropical Pacific 
        <DELETED>Ocean. </DELETED>Ocean; and
            ``(5) determining the extent to which the incidental take 
        of nontarget species, including juvenile tuna, occurs in the 
        course of purse seine fishing for yellowfin tuna in the eastern 
        tropical Pacific Ocean, the geographic location of the 
        incidental take, and the impact of that incidental take on tuna 
        stocks, and nontarget species.
There are authorized to be appropriated to the Secretary $1,000,000 to 
be used by the Secretary, acting through the National Marine Fisheries 
Service, to carry out paragraph (4). Upon completion of the study 
required by that paragraph, the Secretary shall submit a report 
containing the results of the study and any recommendations the 
Secretary may have to offer on the basis of the study to the Committee 
on Commerce, Science, and Transportation of the Senate and the 
Committee on Commerce of the House of Representatives, and to the 
Inter-American Tropical Tuna Commission. The Secretary shall include a 
description of the annual results of research carried out under this 
subsection in the report required under section 303.''.
    (d) Section 303 (16 U.S.C. 1413) is hereby repealed.
    (e) Section 304 (16 U.S.C. 1414) is <DELETED>hereby redesignated as 
section 303, and </DELETED>amended to read as follows:

``SEC. 303. REPORTS BY THE SECRETARY.

    ``Notwithstanding section 103(f), the Secretary shall submit annual 
reports to the Congress which include--
            ``(1) 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 yellowfin tuna and 
        bycatch of nontarget species;
            ``(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, 
        including the protection of dolphin populations in the eastern 
        tropical Pacific Ocean, and an assessment of the effectiveness 
        of the Program;
            ``(5) actions taken by the Secretary under section 
        <DELETED>101(a)(2)(B)(iii) (I) and (II); 
        </DELETED>101(a)(2)(B);
            ``(6) copies of any relevant resolutions and decisions of 
        the Inter-American Tropical Tuna Commission, and any 
        regulations promulgated by the Secretary under this title; and
            ``(7) any other information deemed relevant by the 
        Secretary.''.
    (f) Section 305 (16 U.S.C. 1415) is hereby repealed.
    (g) Section 306 (16 U.S.C. 1416) is <DELETED>hereby redesignated as 
section 304, and </DELETED>amended to read as follows:

``SEC. 304. PERMITS.

    ``(a) In General.--
            ``<DELETED>(a) In General.-- </DELETED>(1) Consistent with 
        the regulations issued pursuant to section 302, the Secretary 
        shall issue a permit to a vessel of the United States 
        authorizing participation in the International 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, <DELETED>including, 
        but not limited to,</DELETED> including requiring the 
        submission of--
                    ``(A) the name and official number or other 
                identification 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 
                302, 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 
        authorizations and issuing permits under this section.
            ``(3) After the effective date of <DELETED>this section, 
        </DELETED>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.--
            <DELETED>``(b) Permit Sanctions.-- </DELETED>(1) In any 
        case in which--
                    ``(A) a vessel for which a permit has been issued 
                under this section has been used in the commission of 
                an act prohibited under section 305;
                    ``(B) the owner or operator of any such vessel or 
                any other person who has applied for or been issued a 
                permit under this section has acted in violation of 
                section 305; or
                    ``(C) any civil penalty or criminal fine imposed on 
                a vessel, owner or operator of a vessel, or other 
                person who has applied for or been issued a permit 
                under this section has not been paid or is overdue,
        the Secretary may--
                            ``(i) revoke any permit with respect to 
                        such vessel, with or without prejudice to the 
                        issuance of subsequent permits;
                            ``(ii) suspend such permit for a period of 
                        time considered by the Secretary to be 
                        appropriate;
                            ``(iii) deny such permit; or
                            ``(iv) impose additional conditions or 
                        restrictions on any permit issued to, or 
                        applied for by, any such vessel or person under 
                        this section.
            ``(2) In imposing a sanction under this subsection, the 
        Secretary shall take into account--
                    ``(A) the nature, circumstances, extent, and 
                gravity of the prohibited acts for which the sanction 
                is imposed; and
                    ``(B) with respect to the violator, the degree of 
                culpability, any history of prior offenses, and other 
                such matters as justice requires.
            ``(3) Transfer of ownership of a vessel, by sale or 
        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 underlying the violation for which the sanction is 
        imposed, either in conjunction with a civil penalty proceeding 
        under this title or otherwise.''.
    (h) Section 307 (16 U.S.C. 1417) is hereby redesignated as section 
305, and amended--
        <DELETED>    (1) in subsection (a)--</DELETED>
                <DELETED>    (A) by amending paragraph (1) to read as 
                follows:</DELETED>
            (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, 
        transport, or ship, in the United States, any tuna or tuna 
        product unless the tuna or tuna product is either dolphin safe 
        or has been harvested in compliance with the International 
        Dolphin Conservation Program by a country that is a member of 
        the Inter-American Tropical Tuna Commission or has initiated 
        steps, in accordance with Article V, paragraph 3 of the 
        Convention establishing the Inter-American Tropical Tuna 
        Commission, to become a member of that 
        <DELETED>organization;''; </DELETED>organization;
                    <DELETED>(B) by striking paragraph (2) and 
                inserting in lieu thereof the following:
        </DELETED>    ``(2) except as provided for in subsection 
        101(d), 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 this title and regulations issued under 
        pursuant to this <DELETED>title;''; and </DELETED>title; and
                    <DELETED>(C) by amending paragraph (3) to read as 
                follows:
        </DELETED>    ``(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);'';
        <DELETED>    (2) in subsection (b)(2), by inserting ``(a)(5) 
        and'' before ``(a)(6)''; and</DELETED>
        <DELETED>    (3) by deleting subsection (d).</DELETED>
            (2) by inserting ``(a)(5) or'' before ``(a)(6)'' in 
        subsection (b)(2); and
            (3) by striking subsection (d).
    (i) Section 308 (16 U.S.C. 1418) is redesignated as section 306, 
and amended by striking ``303'' and inserting in lieu thereof 
``302(d)''.
    (j) Clerical Amendments.--The table of contents in the first 
section of the Marine Mammal Protection Act of 1972 is amended by 
striking the items relating to title III and inserting in lieu thereof 
the following:

        ``TITLE III--INTERNATIONAL DOLPHIN CONSERVATION PROGRAM

``Sec. 301. Findings and policy.
``Sec. 302. Authority of the Secretary.
``Sec. 303. Reports by the Secretary.
``Sec. 304. Permits.
``Sec. 305. Prohibitions.
``Sec. 306. Authorization of appropriations.''.

SEC. 6. AMENDMENTS TO THE TUNA CONVENTIONS ACT.

    (a) 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 Director, or an appropriate 
regional director, of the National Marine 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 Commissioners, 
shall--
            ``(1) appoint a General Advisory Committee which shall be 
        composed of not less than <DELETED>five</DELETED> 5 nor more 
        than <DELETED>fifteen</DELETED> 15 persons with balanced 
        representation from the various groups participating in the 
        fisheries included under the conventions, and from 
        nongovernmental conservation <DELETED>organizations. The 
        General Advisory Committee shall be invited to have 
        representatives attend all nonexecutive meetings of the United 
        States sections and shall be given full opportunity to examine 
        and to be heard on all proposed programs of investigations, 
        reports, recommendations, and regulations of the commission. 
        The General Advisory Committee may attend all meetings of the 
        international commissions to which they are invited by such 
        commissions; </DELETED>organizations;
            ``(2) appoint a Scientific Advisory Subcommittee which 
        shall be composed of not less than <DELETED>five</DELETED> 5 
        nor more than <DELETED>fifteen</DELETED> 15 qualified 
        scientists with balanced representation from the public and 
        private sectors, including nongovernmental conservation 
        <DELETED>organizations. The Scientific Advisory Subcommittee 
        shall advise the General Advisory Committee and the 
        Commissioners on matters including the conservation of 
        ecosystems; the sustainable uses of living marine resources 
        related to the tuna fishery in the eastern Pacific Ocean; and 
        the long-term conservation and management of stocks of living 
        marine resources in the eastern tropical Pacific Ocean. In 
        addition, the Scientific Advisory Subcommittee shall, as 
        requested by the General Advisory Committee, the United States 
        Commissioners or the Secretary, perform functions and provide 
        assistance required by formal agreements entered into by the 
        United States for this fishery, including the International 
        Dolphin Conservation Program. These functions may include: (1) 
        the review of data from the Program, including data received 
        from the Inter-American Tropical Tuna Commission; (2) 
        recommendations on research needs, including ecosystems, 
        fishing practices, and gear technology research, including the 
        development and use of selective, environmentally safe and 
        cost-effective fishing gear, and on the coordination and 
        facilitation of such research; (3) recommendations concerning 
        scientific reviews and assessments required under the Program 
        and engaging, as appropriate, in such reviews and assessments; 
        (4) consulting with other experts as needed; and (5) 
        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 
        equivalent); </DELETED>organizations;
            ``(3) establish procedures to provide for appropriate 
        public participation and public meetings and to provide for the 
        confidentiality of confidential business <DELETED>data. 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 programs 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; and 
        </DELETED>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 
        <DELETED>members.''. </DELETED>members.
    ``(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 opportunity to examine and 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) 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 
                Scientific Advisory Subcommittee shall, as requested by 
                the General Advisory Committee, the United States 
                Commissioners, or the Secretary, perform functions and 
                provide assistance required by formal agreements 
                entered into by the United States for this fishery, 
                including the International 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 selective, 
                        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 programs 
        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.''.

SEC. 7. EFFECTIVE DATE.

    Sections 3 through 6 of this Act shall become effective upon 
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 effect.




                                                       Calendar No. 637

104th CONGRESS

  2d Session

                                S. 1420

                          [Report No. 104-373]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           September 30, 1996

                        Reported with amendments