[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 408 Enrolled Bill (ENR)]

        H.R.408

                       One Hundred Fifth Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
 the seventh day of January, one thousand nine hundred and ninety-seven


                                 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.

    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. 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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.