[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 408 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                         July 30, 1997.
      Resolved, That the bill from the House of Representatives (H.R. 
408) entitled ``An Act 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.'', do pass with 
the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

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. 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 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 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
            (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 
        progressively reducing dolphin mortality to a level approaching 
        zero through the setting of annual limits and 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 
        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.
            ``(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) Exceptions to Moratorium.--Section 101(a)(2) (16 U.S.C. 
1371(a)(2)) is amended--
            (1) by inserting after the first sentence ``Such 
        authorizations may be granted under title III with respect to 
        purse seine fishing for yellowfin tuna 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 
        all 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) and inserting the 
        following:
                    ``(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 this 
                        paragraph before the effective date of section 
                        4 of the International Dolphin 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 
                        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 
                        required of applicant 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;
                            ``(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 dolphin mortality limits 
                        permitted for that nation's vessels under the 
                        International Dolphin Conservation Program do 
                        not exceed the limits determined 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 International 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 
                if--
                            ``(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 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
                            ``(ii) after taking into consideration such 
                        information, findings of the Inter-American 
                        Tropical Tuna Commission, and any other 
                        relevant information, including 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.''; 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 
further amended by adding at the end the following new subsection:
    ``(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 any marine mammal during fishing 
operations outside the United States exclusive economic zone (as 
defined 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 with the 
International Dolphin Conservation Program.''.
    (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 
        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-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 
                        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;''.
    (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 Protection 
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 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 were harvested using a method 
        of fishing that is not harmful to dolphins if the product 
        contains tuna harvested--
                    ``(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 determined 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 particular 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 
                requirements 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 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 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 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 providing the 
                certification required under subsection (h);
                    ``(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 that such observer 
                provided the certification required under subsection 
                (h); 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 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 under 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 
                verification 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 
        referred to in subparagraph (C) is substantially undermining 
        the conservation goals of the International Dolphin 
        Conservation Program, the Secretary shall report that 
        determination to the United States Senate Committee on 
        Commerce, Science, and Transportation and the United States 
        House of Representatives 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 
Secretary of the Treasury, shall issue regulations to implement this 
Act, including regulations to establish a domestic tracking and 
verification program that provides for the effective tracking of tuna 
labeled under subsection (d). 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 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).
            ``(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 
        paragraph.
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 relevant 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 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 Register and shall become 
effective upon a subsequent date determined by the Secretary.
    ``(h) Certification by Captain and Observer.--
            ``(1) Unless otherwise required by paragraph (2), the 
        certification by the captain under subsection (d)(2)(B)(i) and 
        the certification 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 tuna 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 deployment 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 
                subsection (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 III.

    (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 tuna 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 
        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
            (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) 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 inserting 
the following:

``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 
        captains to continue to reduce dolphin mortality, with the goal 
        of eliminating dolphin mortality.

``SEC. 303. REGULATORY AUTHORITY OF THE SECRETARY.

    ``(a) Regulations.--
            ``(1) The Secretary shall issue regulations, and revise 
        those regulations as may be appropriate, to implement the 
        International 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 
        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, or serious injury to, 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, 
                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 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 special 
                equipment or nets if the vessel takes an observer and 
                does not intentionally deploy nets on, or encircle, 
                dolphins, under such terms and conditions as the 
                Secretary may prescribe; and
                    ``(xii) 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 States.
            ``(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.--
            ``(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 
        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 impact on a marine mammal stock or species, the 
        Secretary shall--
                    ``(A) notify the Inter-American Tropical Tuna 
                Commission of his or her determination, 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) 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 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.
            ``(5) Within 120 days after the Secretary notifies the 
        United States Commissioners to the Inter-American Tropical Tuna 
        Commission of the Secretary'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 mortality 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 and 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 Conservation 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.

``SEC. 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 
        intentional encirclement (including chase) on dolphins and 
        dolphin stocks incidentally taken 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 
        subsection shall include--
                    ``(A) a review of relevant stress-related research 
                and a 3-year series of necropsy samples from 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 Commerce, and to the Inter-American Tropical Tuna 
        Commission.
    ``(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 
        Conservation 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 mammals 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 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.
    ``(c) Authorization of Appropriations.--
            ``(1) There are authorized to be appropriated to the 
        Secretary 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 
        appropriated under paragraph (1), there are 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.

``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 pursuant 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 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 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 
        regulations promulgated by the Secretary under this title; and
            ``(7) any other information deemed relevant by the 
        Secretary.

``SEC. 306. PERMITS.

    ``(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 
        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, 
        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 
                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 
        authorizations 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,
        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.''.
    (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, 
        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 
        and within 6 months thereafter completed all steps required of 
        applicant 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(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 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
            (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 Dolphin 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 
appropriate officer, 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 5 nor more than 15 persons with 
        balanced representation from the various groups participating 
        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 
        confidentiality 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 
        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.''.
    (c) Bycatch Reduction.--The Tuna Conventions Act (16 U.S.C. 951 et 
seq.) is amended by adding at the end thereof the following:

``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--
            ``(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.

    (a) Amendments to Take Effect When IDCP 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.

            Attest:

                                                             Secretary.
105th CONGRESS

  1st Session

                               H. R. 408

_______________________________________________________________________

                               AMENDMENT

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HR 408 EAS----3
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