[Congressional Record Volume 142, Number 110 (Wednesday, July 24, 1996)]
[House]
[Pages H8375-H8379]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               AMENDMENTS

  Under clause 6 of rule XXIII, proposed amendments were submitted as 
follows:

                               H.R. 2823

                    Offered By: Mr. Young of Alaska

               (Amendment in the Nature of a Substitute)

       Amendment No. 1: Strike 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. PURPOSE AND FINDINGS.

       (a) Purpose.--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 the following:
       (1) The nations that fish for tuna in the eastern tropical 
     Pacific Ocean have achieved significant reductions in dolphin 
     mortalities 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.
       (4) 12 signatory nations to the Declaration of Panama, 
     including the United States, agreed under that Declaration to 
     require that the total annual dolphin mortality in the purse 
     seine fishery for yellowfin tuna in the eastern tropical 
     Pacific Ocean not exceed 5,000, with a commitment and 
     objective to progressively reduce dolphin mortality to a 
     level approaching zero through the setting of annual limits.

     SEC. 3. DEFINITIONS.

       Section 3 (16 U.S.C. 1362) is amended by adding at the end 
     the following new paragraphs:
       ``(28) The term `International Dolphin Conservation 
     Program' means the international program established by the 
     agreement signed in La Jolla, California, in June 1992, as 
     formalized, modified, and enhanced in accordance with the 
     Declaration of Panama, that requires--
       ``(A) that the total annual dolphin mortality in the purse 
     seine fishery for yellowfin tuna in the eastern tropical 
     Pacific Ocean not exceed 5,000, with the commitment and 
     objective to progressively reduce dolphin mortality to levels 
     approaching zero through the setting of annual limits;
       ``(B) the establishment of a per-stock per-year mortality 
     limit for dolphins, for each year through the year 2000, of 
     between 0.2 percent and 0.1 percent of the minimum population 
     estimate;
       ``(C) beginning with the year 2001, that the per-stock per-
     year mortality of dolphin not exceed 0.1 percent of the 
     minimum population estimate;
       ``(D) that if the mortality limit set forth in subparagraph 
     (A) is exceeded, all sets on dolphins shall cease for the 
     fishing year concerned;
       ``(E) that if the mortality limit set forth in subparagraph 
     (B) or (C) is exceeded sets on such stock and any mixed 
     schools containing members of such stock shall cease for that 
     fishing year;
       ``(F) in the case of subparagraph (B), to conduct a 
     scientific review and assessment in 1998 of progress toward 
     the year 2000 objective and consider recommendations as 
     appropriate; and
       ``(G) in the case of subparagraph (C), to conduct a 
     scientific review and assessment regarding that stock or 
     those stocks and consider further recommendations;
       ``(H) the establishment of a per-vessel maximum annual 
     dolphin mortality limit consistent with the established per-
     year mortality caps; and
       ``(I) the provision of a system of incentives to vessel 
     captains to continue to reduce dolphin mortality, with the 
     goal of eliminating dolphin mortality.
       ``(29) The term `Declaration of Panama' means the 
     declaration signed in Panama City, Republic of Panama, on 
     October 4, 1995.''.

     SEC. 4. AMENDMENTS TO TITLE I.

       (a) Authorization for Incidental Taking.--Section 101(a)(2) 
     (16 U.S.C. 1371(a)(2)) is amended as follows:
       (1) By inserting after the first sentence ``Such 
     authorizations may also be granted under title III with 
     respect to the yellowfin tuna fishery of the eastern tropical 
     Pacific Ocean, subject to regulations prescribed under that 
     title by the Secretary without regard to section 103.''.
       (2) By striking the semicolon in the second sentence and 
     all that follows through ``practicable''.
       (b) Documentary Evidence.--Section 101(a) (16 U.S.C. 
     1371(a)) is amended by striking so much of paragraph (2) as 
     follows subparagraph (A) and as precedes subparagraph (C) and 
     inserting:
       ``(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,

[[Page H8376]]

     shall require that the government of the exporting nation 
     provide documentary evidence that--
       ``(i) the tuna or products therefrom were not banned from 
     importation under this paragraph before the effective date of 
     the International Dolphin Conservation Program Act;
       ``(ii) the tuna or products therefrom were harvested after 
     the effective date of the International Dolphin Conservation 
     Program Act by vessels of a nation which participates in the 
     International Dolphin Conservation Program, such harvesting 
     nation is either a member of the Inter-American Tropical Tuna 
     Commission or has initiated (and within 6 months thereafter 
     completed) all steps (in accordance with article V, paragraph 
     3 of the Convention establishing the Inter-American Tropical 
     Tuna Commission) necessary to become a member of that 
     organization;
       ``(iii) 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;
       ``(iv) the total dolphin mortality permitted under the 
     International Dolphin Conservation Program will not exceed 
     5,000 in 1996, or in any year thereafter, consistent with the 
     commitment and objective of progressively reducing dolphin 
     mortality to levels approaching zero through the setting of 
     annual limits and the goal of eliminating dolphin mortality; 
     and
       ``(v) the tuna or products therefrom were harvested after 
     the effective date of the International Dolphin Conservation 
     Program Act by vessels of a nation which participates in the 
     International Dolphin Conservation Program, and such 
     harvesting nation has not vetoed the participation by any 
     other nation in such Program.''.
       (c) Acceptance of Evidence Coverage.--Section 101 (16 
     U.S.C. 1371) is amended by adding at the end the following 
     new subsections:
       ``(d) Acceptance of Documentary Evidence.--The Secretary 
     shall not accept documentary evidence referred to in section 
     101(a)(2)(B) as satisfactory proof for purposes of section 
     101(a)(2) if--
       ``(1) 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 to allow a determination of compliance with 
     the International Dolphin Conservation Program;
       ``(2) the government of the harvesting nation does not 
     provide directly or authorize the Inter-American Tropical 
     Tuna Commission to release complete and accurate information 
     to the Secretary in a timely manner for the purposes of 
     tracking and verifying compliance with the minimum 
     requirements established by the Secretary in regulations 
     promulgated under subsection (f) of the Dolphin Protection 
     Consumer Information Act (16 U.S.C. 1385(f)); or
       ``(3) after taking into consideration this 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.
       ``(e) Exemption.--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(6) of the Magnuson Fishery Conservation and Management Act 
     (16 U.S.C. 1802(6))) when employed on a foreign fishing 
     vessel of a harvesting nation which is in compliance with the 
     International Dolphin Conservation Program.''.
       (d) Annual Permits.--Section 104(h) is amended to read as 
     follows:
       ``(h) Annual Permits.--(1) Consistent with the regulations 
     prescribed pursuant to section 103 and the requirements of 
     section 101, the Secretary may issue an annual permit to a 
     United States vessel for the taking of such marine mammals, 
     and shall issue regulations to cover the use of any such 
     annual permits.
       ``(2) Annual permits described in paragraph (1) 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 
     304, subject to the regulations issued pursuant to section 
     302.''.
       (e) Revisions and Funding Sources.--Section 108(a)(2) (16 
     U.S.C. 1378(a)(2)) is amended as follows:
       (1) By striking ``and'' at the end of subparagraph (A).
       (2) By adding at the end the following:
       ``(C) discussions to expeditiously negotiate revisions to 
     the Convention for the Establishment of an Inter-American 
     Tropical Tuna Commission (1 UST 230, TIAS 2044) which will 
     incorporate conservation and management provisions agreed to 
     by the nations which have signed the Declaration of Panama;
       ``(D) a revised schedule of annual contributions to the 
     expenses of the Inter-American Tropical Tuna Commission that 
     is equitable to participating nations; and
       ``(E) discussions with those countries participating or 
     likely to participate in the International Dolphin 
     Conservation Program, to identify alternative sources of 
     funds to ensure that needed research and other measures 
     benefiting effective protection of dolphins, other marine 
     species, and the marine ecosystem;''.
       (f) Repeal of NAS Review.--Section 110 (16 U.S.C. 1380) is 
     amended as follows:
       (1) By redesignating subsection (a)(1) as subsection (a).
       (2) By striking subsection (a)(2).
       (g) Labeling of Tuna Products.--Paragraph (1) of section 
     901(d) of the Dolphin Protection Consumer Information Act (16 
     U.S.C. 1385(d)(1)) is amended to read as follows:
       ``(1) It is a violation of section 5 of the Federal Trade 
     Commission Act for any producer, importer, exporter, 
     distributor, or seller of any tuna product that is exported 
     from or offered for sale in the United States to include on 
     the label of that product the term `Dolphin Safe' or any 
     other term or symbol that falsely claims or suggests that the 
     tuna contained in the product was harvested using a method of 
     fishing that is not harmful to dolphins if the product 
     contains any of the following:
       ``(A) Tuna harvested on the high seas by a vessel engaged 
     in driftnet fishing.
       ``(B) Tuna harvested in the eastern tropical Pacific Ocean 
     by a vessel using purse seine nets unless the tuna is 
     considered dolphin safe under paragraph (2).
       ``(C) Tuna harvested outside the eastern tropical Pacific 
     Ocean by a vessel using purse seine nets unless the tuna is 
     considered dolphin safe under paragraph (3).
       ``(D) Tuna harvested by a vessel engaged in any fishery 
     identified by the Secretary pursuant to paragraph (4) as 
     having a regular and significant incidental mortality of 
     marine mammals.''.
       (h) Dolphin Safe Tuna.--(1) Paragraph (2) of section 901(d) 
     of the Dolphin Protection Consumer Information Act (16 U.S.C. 
     1385(d)(2)) is amended to read as follows:
       ``(2)(A) For purposes of paragraph (1)(B), a tuna product 
     that contains tuna harvested in the eastern tropical Pacific 
     Ocean by a vessel using purse seine nets is dolphin safe if 
     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 if the product 
     meets the requirements of subparagraph (B).
       ``(B) For purposes of paragraph (1)(B), a tuna product that 
     contains tuna harvested in the eastern tropical Pacific Ocean 
     by a vessel using purse seine nets is dolphin safe if the 
     product is accompanied by a written statement executed by the 
     captain of the vessel which harvested the tuna certifying 
     that no dolphins were killed during the sets in which the 
     tuna were caught and 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 documents that no dolphins 
     were killed during the sets in which the tuna concerned were 
     caught.
       ``(C) The statements referred to in clauses (i), (ii), and 
     (iii) of subparagraph (B) shall be valid only if they are 
     endorsed in writing by each exporter, importer, and processor 
     of the product, and if such statements and endorsements 
     comply with regulations promulgated by the Secretary which 
     would provide for the verification of tuna products as 
     dolphin safe.''.
       (2) Subsection (d) of section 901 of the Dolphin Protection 
     Consumer Information Act (16 U.S.C. 1385(d)) is amended by 
     adding the following new paragraphs at the end thereof:
       ``(3) For purposes of paragraph (1)(C), tuna or a tuna 
     product that contains tuna harvested outside the eastern 
     tropical Pacific Ocean by a vessel using purse seine nets is 
     dolphin safe if--
       ``(A) it is accompanied by a written statement executed by 
     the captain of the vessel certifying that no purse seine net 
     was intentionally deployed on or to encircle dolphins during 
     the particular voyage on which the tuna was harvested; or
       ``(B) in any fishery in which the Secretary has determined 
     that a regular and significant association occurs between 
     marine mammals and tuna, it is accompanied by a written 
     statement executed by the captain of the vessel and an 
     observer, certifying that no purse seine net was 
     intentionally deployed on or to encircle marine mammals 
     during the particular voyage on which the tuna was harvested.
       ``(4) For purposes of paragraph (1)(D), tuna or a tuna 
     product that contains tuna harvested in a fishery identified 
     by the Secretary as having a regular and significant 
     incidental mortality or serious injury of marine mammals is 
     dolphin safe if it is accompanied by a written statement 
     executed by the captain of the vessel and, where determined 
     to be practicable by the Secretary, an observer participating 
     in a national or international program acceptable to the 
     Secretary certifying that no marine mammals were killed in 
     the course of the fishing operation or operations in which 
     the tuna were caught.

[[Page H8377]]

       ``(5) No tuna product may be labeled with any reference to 
     dolphins, porpoises, or marine mammals, unless such product 
     is labeled as dolphin safe in accordance with this 
     subsection.''.
       (i) Tracking and Verification.--Subsection (f) of section 
     901 of the Dolphin Protection Consumer Information Act (16 
     U.S.C. 1385(f)) is amended to read as follows:
       ``(f) Tracking and Verification.--The Secretary, in 
     consultation with the Secretary of the Treasury, shall issue 
     regulations to implement subsection (d) not later than 3 
     months after the date of enactment of the International 
     Dolphin Conservation Program Act. In the development of these 
     regulations, the Secretary shall establish appropriate 
     procedures for ensuring the confidentiality of proprietary 
     information the submission of which is voluntary or 
     mandatory. Such regulations shall, consistent with 
     international efforts and in coordination with the Inter-
     American Tropical Tuna Commission, establish a domestic and 
     international tracking and verification program that provides 
     for the effective tracking of tuna labeled under subsection 
     (d), including but not limited to each of the following:
       ``(1) Specific regulations and provisions addressing the 
     use of weight calculation for purposes of tracking tuna 
     caught, landed, processed, and exported.
       ``(2) Additional measures to enhance observer coverage if 
     necessary.
       ``(3) Well location and procedures for monitoring, 
     certifying, and sealing holds above and below deck or other 
     equally effective methods of tracking and verifying tuna 
     labeled under subsection (d).
       ``(4) Reporting receipt of 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 sets.
       ``(5) Shore-based verification and tracking throughout the 
     transshipment and canning process by means of Inter-American 
     Tropical Tuna Commission trip records or otherwise.
       ``(6) Provisions for annual 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 
     subsection.''.

     SEC. 5. AMENDMENTS TO TITLE III.

       (a) Heading.--The heading of title III is amended to read 
     as follows:
       ``TITLE III--INTERNATIONAL DOLPHIN CONSERVATION PROGRAM''.
       (b) Findings.--Section 301 (16 U.S.C. 1411) is amended as 
     follows:
       (1) In subsection (a), by amending paragraph (4) to read as 
     follows:
       ``(4) Nations harvesting yellowfin tuna in the eastern 
     tropical Pacific Ocean have demonstrated their willingness to 
     participate in appropriate multilateral agreements to reduce, 
     with the goal of eliminating, dolphin mortality in that 
     fishery. Recognition of the International Dolphin 
     Conservation Program will assure that the existing trend of 
     reduced dolphin mortality continues; that individual stocks 
     of dolphins are adequately protected; and that the goal of 
     eliminating all dolphin mortality continues to be a 
     priority.''.
       (2) In subsection (b), by amending paragraphs (2) and (3) 
     to read as follows:
       ``(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 that are not operating in compliance 
     with the International Dolphin Conservation Program;''.
       (c) International Dolphin Conservation Program.--Section 
     302 (16 U.S.C. 1412) is amended to read as follows:

     ``SEC. 302. AUTHORITY OF THE SECRETARY.

       ``(a) Regulations To Implement Program Regulations.--(1) 
     The Secretary shall issue regulations to implement the 
     International Dolphin Conservation Program.
       ``(2)(A) Not later than 3 months after the date of 
     enactment of this section, the Secretary shall issue 
     regulations to authorize and govern the incidental 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 of 1973 (16 U.S.C. 1531 et 
     seq.), by vessels of the United States participating in the 
     International Dolphin Conservation Program.
       ``(B) Regulations issued under this section shall include 
     provisions--
       ``(i) requiring observers on each vessel;
       ``(ii) requiring use of the backdown procedure or other 
     procedures equally or more effective in avoiding mortality of 
     marine mammals in fishing operations;
       ``(iii) prohibiting intentional deployment of nets on, or 
     encirclement of, dolphins in violation of 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, 
     as practicable, to detect unsafe fishing conditions 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 the 
     deployment of nets on, or encirclement of, dolphins is 
     completed and rolling of the net to sack up has begun no 
     later than 30 minutes after sundown;
       ``(vi) banning the use of explosive devices in all purse 
     seine operations;
       ``(vii) establishing per vessel maximum annual dolphin 
     mortality limits, total dolphin mortality limits and per-
     stock per-year mortality limits, in accordance with the 
     International Dolphin Conservation Program;
       ``(viii) preventing the intentional deployment of nets on, 
     or encirclement of, 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 (including new technology for detecting unsafe 
     fishing conditions before nets are deployed by a tuna vessel) 
     that may reduce or eliminate dolphin mortality or 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) The Secretary may make such adjustments as may be 
     appropriate to the 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 regulations 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 that obtained under the International 
     Dolphin Conservation Program) that the incidental mortality 
     and serious injury of marine mammals authorized under this 
     title is having, or is likely to have, a significant adverse 
     effect on a marine mammal stock or species, the Secretary 
     shall take actions as follows--
       ``(A) notify the Inter-American Tropical Tuna Commission of 
     the Secretary's findings, along with recommendations to the 
     Commission as to actions necessary to reduce incidental 
     mortality and serious injury and mitigate such adverse 
     impact; and
       ``(B) prescribe emergency regulations to reduce incidental 
     mortality and serious injury and mitigate such adverse 
     impact.
       ``(2) Prior to taking action under paragraph (1) (A) or 
     (B), 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; and
       ``(B) shall remain in effect for the duration of the 
     applicable fishing year; and
     The Secretary may terminate such emergency regulations at a 
     date earlier than that required by subparagraph (B) 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.
       ``(d) Research.--The Secretary shall, in cooperation with 
     the nations participating in the International Dolphin 
     Conservation Program and with the Inter-American Tropical 
     Tuna Commission, undertake or support appropriate scientific 
     research to further the goals of the International Dolphin 
     Conservation Program. Such research may include but shall not 
     be limited to any of the following:
       ``(1) Devising cost-effective fishing methods and gear so 
     as to reduce, with the goal of eliminating, the incidental 
     mortality and serious injury of marine mammals in connection 
     with commercial purse seine fishing in the eastern tropical 
     Pacific Ocean.
       ``(2) Developing cost-effective methods of fishing for 
     mature yellowfin tuna without deployment of nets on, or 
     encirclement of, dolphins or other marine mammals.
       ``(3) Carrying out stock assessments for those marine 
     mammal species and marine

[[Page H8378]]

     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.
       ``(4) Studying the effects of chase and encirclement on the 
     health and biology of dolphin and individual dolphin 
     populations incidentally taken in the course of purse seine 
     fishing for yellowfin tuna in the eastern tropical Pacific 
     Ocean. There are authorized to be appropriated to the 
     Department of Commerce $1,000,000 to be used by the 
     Secretary, acting through the National Marine Fisheries 
     Service, to carry out this paragraph. Upon completion of the 
     study, the Secretary shall submit a report containing the 
     results of the study, together with recommendations, to the 
     Congress and to the Inter-American Tropical Tuna Commission.
       ``(5) Determining the extent to which the incidental take 
     of nontarget species, including juvenile tuna, occurs in the 
     course of purse seine fishing for yellowfin tuna in the 
     eastern tropical Pacific Ocean, the geographic location of 
     the incidental take, and the impact of that incidental take 
     on tuna stocks, and nontarget species.
     The Secretary shall include a description of the annual 
     results of research carried out under this subsection in the 
     report required under section 303.''.
       (d) Reports.--Section 303 (16 U.S.C. 1414) is amended to 
     read as follows:

     ``SEC. 303. REPORTS BY THE SECRETARY.

       ``Notwithstanding section 103(f), the Secretary shall 
     submit an annual report to the Congress which includes each 
     of the following:
       ``(1) The results of research conducted pursuant to section 
     302.
       ``(2) A description of the status and trends of stocks of 
     tuna.
       ``(3) A description of the efforts to assess, avoid, 
     reduce, and minimize the bycatch of juvenile yellowfin tuna 
     and other nontarget species.
       ``(4) A description of the activities of the International 
     Dolphin Conservation Program and of the efforts of the United 
     States in support of the Program's goals and objectives, 
     including the protection of dolphin populations in the 
     eastern tropical Pacific Ocean, and an assessment of the 
     effectiveness of the Program.
       ``(5) Actions taken by the Secretary under subsections 
     (a)(2)(B) and (d) of section 101.
       ``(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.
       ``(7) Any other information deemed relevant by the 
     Secretary.''.
       (e) Permits.--Section 304 (16 U.S.C. 1416) is amended to 
     read as follows:

     ``SEC. 304. PERMITS.

       ``(a) In General.--(1) Consistent with section 302, the 
     Secretary is authorized to 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, but not limited to, requiring the submission of--
       ``(A) the name and official number or other identification 
     of each fishing vessel for which a permit is sought, together 
     with the name and address of the owner thereof; and
       ``(B) the tonnage, hold capacity, speed, processing 
     equipment, and type and quantity of gear, including an 
     inventory of special equipment required under section 302, 
     with respect to each vessel.
       ``(2) The Secretary is authorized to charge a fee for 
     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, subject to appropriations, to the Under 
     Secretary of Commerce for Oceans and Atmosphere for expenses 
     incurred in 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 305;
       ``(B) the owner or operator of any such vessel or any other 
     person who has applied for or been issued a permit under this 
     section has acted in violation of section 305; or
       ``(C) any civil penalty or criminal fine imposed on a 
     vessel, owner or operator of a vessel, or other person who 
     has applied for or been issued a permit under this section 
     has not been paid or is overdue, the Secretary may--
       ``(i) revoke any permit with respect to such vessel, with 
     or without prejudice to the issuance of subsequent permits;
       ``(ii) suspend such permit for a period of time considered 
     by the Secretary to be appropriate;
       ``(iii) deny such permit; or
       ``(iv) impose additional conditions or restrictions on any 
     permit issued to, or applied for by, any such vessel or 
     person under this section.
       ``(2) In imposing a sanction under this subsection, the 
     Secretary shall take into account--
       ``(A) the nature, circumstances, extent, and gravity of the 
     prohibited acts for which the sanction is imposed; and
       ``(B) with respect to the violator, the degree of 
     culpability, any history of prior offenses, and other such 
     matters as justice requires.
       ``(3) Transfer of ownership of a vessel, by sale or 
     otherwise, shall not extinguish any permit sanction that is 
     in effect or is pending at the time of transfer of ownership. 
     Before executing the transfer of ownership of a vessel, by 
     sale or otherwise, the owner shall disclose in writing to the 
     prospective transferee the existence of any permit sanction 
     that will be in effect or pending with respect to the vessel 
     at the time of transfer.
       ``(4) In the case of any permit that is suspended for the 
     failure to pay a civil penalty or criminal fine, the 
     Secretary shall reinstate the permit upon payment of the 
     penalty or fine and interest thereon at the prevailing rate.
       ``(5) No sanctions shall be imposed under this section 
     unless there has been a prior opportunity for a hearing on 
     the facts underlying the violation for which the sanction is 
     imposed, either in conjunction with a civil penalty 
     proceeding under this title or otherwise.''.
       (f) Prohibitions.--Section 305 is repealed and section 307 
     (16 U.S.C. 1417) is redesignated as section 305, and amended 
     as follows:
       (1) In subsection (a):
       (A) By amending paragraph (1) to read as follows:
       ``(1) for any person to sell, purchase, offer for sale, 
     transport, or ship, in the United States, any tuna or tuna 
     product unless the tuna or tuna product is either dolphin 
     safe or has been harvested in compliance with the 
     International Dolphin Conservation Program by a country that 
     is a member of the Inter-American Tropical Tuna Commission or 
     has initiated steps, in accordance with Article V, paragraph 
     3 of the Convention establishing the Inter-American Tropical 
     Tuna Commission, to become a member of that organization;''.
       (B) By amending paragraph (2) to read as follows:
       ``(2) except in accordance with this title and regulations 
     issued pursuant to this title as provided for in subsection 
     101(e), 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; 
     or''.
       (C) By amending paragraph (3) to read as follows:
       ``(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) In subsection (b)(2), by inserting ``(a)(5) and'' 
     before ``(a)(6)''.
       (3) By striking subsection (d).
       (g) Repeal.--Section 306 is repealed and section 308 (16 
     U.S.C. 1418) is redesignated as section 306, and amended by 
     striking ``303'' and inserting in lieu thereof ``302(d)''.
       (h) Clerical Amendments.--The table of contents in the 
     first section of the Marine Mammal Protection Act of 1972 is 
     amended by striking the items relating to title III and 
     inserting in lieu thereof the following:

        ``TITLE III--INTERNATIONAL DOLPHIN CONSERVATION PROGRAM

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

     SEC. 6. AMENDMENTS TO THE TUNA CONVENTIONS ACT.

       (a) Membership.--Section 3(c) of the Tuna Conventions Act 
     of 1950 (16 U.S.C. 952(c)) is amended to read as follows:
       ``(c) at least one shall be either the Director, or an 
     appropriate regional director, of the National Marine 
     Fisheries Service; and''.
       (b) Advisory Committee and Scientific Advisory 
     Subcommittee.--Section 4 of the Tuna Conventions Act of 1950 
     (16 U.S.C. 953) is amended to read as follows:

     ``SEC. 4. GENERAL ADVISORY COMMITTEE AND SCIENTIFIC ADVISORY 
                   SUBCOMMITTEE.

       ``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. 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) 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. The Scientific Advisory 
     Subcommittee

[[Page H8379]]

     shall advise the General Advisory Committee and the 
     Commissioners on matters including the conservation of 
     ecosystems; the sustainable uses of living marine resources 
     related to the tuna fishery in the eastern Pacific Ocean; and 
     the long-term conservation and management of stocks of living 
     marine resources in the eastern tropical Pacific Ocean. In 
     addition, the Scientific Advisory Subcommittee shall, as 
     requested by the General Advisory Committee, the United 
     States Commissioners or the Secretary, perform functions and 
     provide assistance required by formal agreements entered into 
     by the United States for this fishery, including the 
     International Dolphin Conservation Program. These functions 
     may include each of the following:
       ``(A) The review of data from the Program, including data 
     received from the Inter-American Tropical Tuna Commission.
       ``(B) 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.
       ``(C) Recommendations concerning scientific reviews and 
     assessments required under the Program and engaging, as 
     appropriate, in such reviews and assessments.
       ``(D) Consulting with other experts as needed.
       ``(E) Recommending measures to assure the regular and 
     timely full exchange of data among the parties to the Program 
     and each nation's National Scientific Advisory Committee (or 
     equivalent).
       ``(3) Establish procedures to provide for appropriate 
     public participation and public meetings and to provide for 
     the confidentiality of confidential business data. The 
     Scientific Advisory Subcommittee shall be invited to have 
     representatives attend all nonexecutive meetings of the 
     United States sections and the General Advisory Subcommittee 
     and shall be given full opportunity to examine and to be 
     heard on all proposed programs of scientific investigation, 
     scientific reports, and scientific recommendations of the 
     commission. Representatives of the Scientific Advisory 
     Subcommittee may attend meetings of the Inter-American 
     Tropical Tuna Commission in accordance with the rules of such 
     Commission.
       ``(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.''.

     SEC. 7. EQUITABLE FINANCIAL CONTRIBUTIONS.

       It is the sense of the Congress that each nation 
     participating in the International Dolphin Conservation 
     Program should contribute an equitable amount to the expenses 
     of the Inter-American Tropical Tuna Commission. Such 
     contributions shall take into account the number of vessels 
     from that nation fishing for tuna in the eastern tropical 
     Pacific Ocean, the consumption of tuna and tuna products from 
     the eastern tropical Pacific Ocean and other relevant factors 
     as determined by the Secretary.

     SEC. 8. EFFECTIVE DATE.

       This Act and the amendments made by this Act shall take 
     effect upon certification by the Secretary of State to the 
     Congress that a binding resolution of the Inter-American 
     Tropical Tuna Commission, or another legally binding 
     instrument, establishing the International Dolphin 
     Conservation Program has been adopted and is in effect.

                               H.R. 3816

                        Offered By: Mr. Pickett

       Amendment No. 21: Page 6, line 5, strike ``and''.
       Page 6, after line 5, insert the following:
       Sandbridge Beach, Virginia Beach, Virginia, Beach Erosion 
     Control and Hurricane Protection, $283,000; and

                               H.R. 3816

                        Offered By: Mr. Schaefer

       Amendment No. 22: Page 17, line 21, strike ``, to'' and 
     insert in lieu thereof ``(reduced by $42,103,200) (increased 
     by $42,103,200), to''.

                               H.R. 3820

                         Offered By: Mr. Thomas

(Page and Line Nos. Refer to H.R. 3820, as Introduced on July 16, 1996)

       Amendment No. 1: Amend section 102 to read as follows (and 
     conform the table of contents accordingly):

     SEC. 102. REDUCTION IN ALLOWABLE CONTRIBUTION AMOUNTS FOR 
                   POLITICAL ACTION COMMITTEES; REVISION OF 
                   LIMITATIONS ON AMOUNTS OF OTHER CONTRIBUTIONS.

       (a) Revision of Current Limitations.--
       (1) Contributions by multicandidate political committees.--
     Section 315(a)(2) of such Act (2 U.S.C. 441a(a)(2)) is 
     amended--
       (A) in subparagraphs (A) and (C), by striking ``$5,000'' 
     and inserting ``$2,500''; and
       (B) in subparagraph (B), by striking ``$15,000'' and 
     inserting ``$40,000''.
       (2) Contributions by individuals.--Section 315(a)(1) of the 
     Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(1)) 
     is amended--
       (A) in subparagraph (C), by striking ``$5,000'' and 
     inserting ``$2,500''; and
       (B) in subparagraph (B), by striking ``$20,000'' and 
     inserting ``$40,000''.
       (3) Aggregate annual contribution by individuals.--Section 
     315(a)(3) of such Act (2 U.S.C. 441a(a)(3)) is amended by 
     striking ``25,000'' and inserting ``$50,000''.
       (b) Limitations on Contributions by Political Party 
     Committees.--
       (1) In general.--Section 315(a) of such Act (2 U.S.C. 
     441a(a)) is amended--
       (A) by redesignating paragraphs (3) through (8) as 
     paragraphs (4) through (9); and
       (B) by inserting after paragraph (2) the following new 
     paragraph:
       ``(3) No political party committee may make contributions--
       ``(A) to any candidate or the candidate's authorized 
     political committees with respect to any election for Federal 
     office which, in the aggregate, exceed $10,000; or
       ``(B) to any other political committee other than a 
     political party committee in any calendar year which, in the 
     aggregate, exceed $10,000.''.
       (2) Conforming amendments.--Section 315(a) of such Act (2 
     U.S.C. 441a(a)) is amended--
       (A) in paragraph (5) (as redesignated by paragraph (1)(A)), 
     by striking ``paragraphs (1) and (2)'' and inserting 
     ``paragraphs (1), (2), and (3)'';
       (B) in paragraph (6) (as redesignated by paragraph (1)(A)), 
     by striking ``paragraph (1) and paragraph (2)'' each place it 
     appears and inserting ``paragraphs (1), (2), and (3)''; and
       (C) in paragraph (7) (as redesignated by paragraph (1)(A)), 
     by striking ``paragraphs (1) and (2)'' and inserting 
     ``paragraphs (1), (2), and (3)''.
       (c) Political Party Committee Defined.--Section 315(a)(5) 
     of such Act (2 U.S.C. 441a(a)(4)) (as redesignated by 
     subsection (b)(1)(A)) is amended by adding at the end the 
     following sentence: ``For purposes of this section, the term 
     `political party committee' means a political committee which 
     is a national, State, district, or local political party 
     committee (including any subordinate committee thereof).''.
       (d) Other Conforming Amendments.--Section 311(a)(6) of such 
     Act (2 U.S.C. 438(a)(6)) is amended--
       (1) in subparagraph (B), by inserting after ``multi-
     candidate committees'' the first place it appears the 
     following: ``and political committees which are not 
     authorized committees of candidates or political party 
     committees'';
       (2) in subparagraph (B), by striking ``multi-candidate 
     committees'' the second place it appears and inserting ``such 
     committees''; and
       (3) in subparagraph (C), by striking ``multi-candidate 
     committees'' and inserting ``committees described in 
     subparagraph (B)''.
       Page 12, line 20, strike ``subsections (a)(1) and (a)(2)'' 
     and insert ``subsections (a)(1), (a)(2), and (a)(3)''.
       Page 12, line 22, insert after ``individuals'' the 
     following: ``, and to other political committees to the 
     extent that the amount contributed does not exceed 10 times 
     the amount of the limitation otherwise applicable under such 
     subsection''.
       Page 13, line 10, strike ``subsection (a)(1)'' and insert 
     ``subsections (a)(1) and (a)(2)''.
       Page 13, line 10, insert after ``individuals'' the 
     following: ``and to political committees other than political 
     party committees to the extent that the amount contributed 
     does not exceed 10 times the amount of the limitation 
     otherwise applicable under such subsection''.
       Page 16, line 1, strike ``1997'' and insert ``1999''.
       Page 16, line 6, strike ``each year after 1976 and before 
     1998'' and insert ``1997 and 1998''.
       Page 16, line 7, strike ``1999'' and insert ``2001''.
       Page 16, line 16, strike ``nearest lowest multiple'' and 
     insert ``nearest highest multiple''.
       Amend section 201 to read as follows (and conform the table 
     of contents accordingly):

     SEC. 201. LIMITATION AMOUNT FOR CONTRIBUTIONS TO STATE 
                   POLITICAL PARTIES.

       Paragraphs (1)(B) and (2)(B) of section 315(a) of the 
     Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)) are 
     each amended by inserting after ``national'' the following: 
     ``or State''.
       Page 47, line 6, strike ``Section 315(a)(3)'' and all that 
     follows through ``is amended'' and insert the following: 
     ``Section 315(a)(4) of the Federal Election Campaign Act of 
     1971 (2 U.S.C. 441a(a)(4)) (as redesignated by section 
     102(b)(1)(A)) is amended''.