[Congressional Record Volume 142, Number 138 (Monday, September 30, 1996)]
[Senate]
[Pages S11969-S11970]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             INTERNATIONAL DOLPHIN CONSERVATION PROGRAM ACT

  Mr. STEVENS. On October 4, 1995, 12 nations agreed in the Panama 
Declaration to create a binding regime to reduce dolphin mortality and 
conserve fish in the Eastern Tropical Pacific Ocean [ETP]. The Panama 
Declaration would cap dolphin mortality in the ETP at 5,000 dolphin per 
year, with the goal of eventually eliminating dolphin mortality. To put 
this cap in perspective, in the 1970's, over 300,000 dolphin were being 
killed each year.
  We now have the opportunity to lock in the significant reductions 
that have been achieved in the killing of dolphins in the ETP. In 
addition, the Panama Declaration would create binding measures for 
fishing vessels for observers, bycatch reduction and measures to 
protect specific stocks of dolphins in the ETP.
  On November 17, 1995, Senator Breaux and I introduced S. 1420, the 
International Dolphin Conservation Program Act, to implement the Panama 
Declaration. Cosponsors include Senators Chafee, Johnston, Moseley-
Braun, Murkowski, Thurmond, and Simpson. The Commerce Committee held a 
hearing on S. 1420 in April, and voted to approve the bill on June 6, 
1996, without objection. At the hearing in April, we heard the 
testimony of Senators Boxer and Biden. The bill approved by the 
committee in June accommodated their concerns to the extent that we 
could. We've also tried to accommodate Senator Smith, who raised some 
concerns about the legislation.
  The bill passed by the House (H.R. 2823) addresses the concerns of 
the three Senators as much as possible too. If we make further changes, 
however, we will not fulfill the requirements of the Panama 
Declaration, and we may as well pass nothing. The new binding 
conservation measures under the Panama Declaration can only take effect 
with the specific changes to U.S. law in S. 1420 and H.R. 2823. The two 
key changes to U.S. law are: (1) a change to allow tuna caught in 
compliance with the Panama Declaration (including through the 
encirclement of dolphins) to be imported into the United States; and 
(2) a change so that ``dolphin safe'' in the U.S. will mean tuna caught 
in a set in which no dolphin mortality occurred (rather than through 
nonencirclement).
  S. 1420 and H.R. 2823 would make these changes and would allow the 
new regime envisioned in the Panama Declaration to go forward. If the 
U.S. does not make the changes, other nations will move forward without 
adequate conservation measures--and progress in protecting dolphins in 
the ETP will be lost.
  Our legislation would guarantee U.S. consumers that no dolphin were 
killed during the harvest of tuna that is labeled as ``dolphin safe.'' 
Under existing law, dolphins may have been killed, but as long as the 
tuna was not harvested by intentionally encircling dolphins, it can be 
labeled as ``dolphin safe.'' Our legislation is supported by: (1) U.S. 
tuna boat owners; (2) the mainstream environmental community including 
Greenpeace, the Center for Marine Conservation, the Environmental 
Defense Fund, the National Wildlife Federation, and the World Wildlife 
Fund; (3) the American Sportfishing Association; (4) U.S. Labor, 
including the National Fishermen's Union, Seafarers International, and 
the United Industrial Workers; (5) the 12 nations who signed the Panama 
Declaration (Belize, Columbia, Costa Rica, Ecuador, France, Honduras, 
Mexico, Panama, Spain, Vanuatu, and Venezuela); and (6) the 
Administration.
  I ask for unanimous consent that the letter I received from Vice 
President Gore in support of S. 1420 be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                           The Vice President,

                                         Washington, June 3, 1996.
     Hon. Ted Stevens,
     Chairman, Subcommittee on Oceans and Fisheries, U.S. Senate, 
         Hart Senate Office Building, Washington, DC.
       Dear Ted: I am writing to thank you for your leadership on 
     the International Dolphin Conservation Program Act, S. 1420. 
     As you know, the Administration strongly supports this 
     legislation, which is essential to the protection of Dolphins 
     and other marine life in the Eastern Tropical Pacific.
       In recent years, we have reduced dolphin mortality in the 
     Eastern Tropical Pacific tuna fishery far below historic 
     levels. Your legislation will codify an international 
     agreement to lock these gains in place, further reduce 
     dolphin mortality, and protect other marine life in the 
     region. This agreement was signed last year by the United 
     States and 11 other nations, but will not take effect unless 
     your legislation is enacted into law.
       As you know, S. 1420 is supported by major environmental 
     groups, including Greenpeace, the World Wildlife Fund, the 
     National Wildlife Federation, the Center for Marine 
     Conservation, and the Environmental Defense Fund. The 
     legislation is also supported by the U.S. fishing industry, 
     which has been barred from the Eastern Tropical Pacific tuna 
     fishery.
       Opponents of this legislation promote alternative fishing 
     methods, such as ``log fishing'' and ``school fishing,'' but 
     these are environmentally unsound. These fishing methods 
     involve unacceptably high by-catch of juvenile tunas, 
     billfish, sharks, endangered sea turtles and other species, 
     and pose long-term threats to the marine ecosystem.
       I urge your colleagues to support this legislation. Passage 
     of this legislation this session is integral to ensure 
     implementation of an important international agreement that 
     protects dolphins and other marine life in the Eastern 
     Tropical Pacific.
           Sincerely,
                                                          Al Gore.

  Mr. STEVENS. I urge other Senators to help us enact this important 
legislation before the 104th Congress adjourns.
  Mr. President, I am greatly disappointed by the efforts that have 
been made to prevent S. 1420 and H.R. 2823 from being enacted this 
Congress. As I

[[Page S11970]]

mentioned in my statement, this legislation would implement the Panama 
Declaration, an important step forward in the protection of dolphins 
during tuna fishing in the eastern tropical Pacific Ocean. Because of 
the Senate floor time needed for the appropriations bills, we simply 
have not had the time to overcome the procedural obstacles that 
opponents of S. 1420 have used, or would attempt to use, to try to stop 
S. 1420.
  Mr. BREAUX. I agree with the Senator from Alaska. By stopping our 
bill, opponents of S. 1420 and H.R. 2823 have sent a dangerous message 
to the other nations fishing in the eastern tropical Pacific Ocean. 
That message could have dire consequences on dolphin conservation. If 
we were from those nations, we might feel the same way. They have 
satisfied the conservation goals set by the United States in the last 
10 years, and now the United States has turned its back on them.
  Mr. LOTT. I share the disappointment and concern of the Senators from 
Alaska and Louisiana. Their bill, S. 1420, as well as the House 
companion, H.R. 2823, have broad bipartisan support in the Congress and 
the support of the U.S. tuna boat owners, the mainstream environmental 
community, and the Administration. Last week Senator Boxer objected to 
our motion to consider H.R. 2823. Because of the time constraints we 
face in the closing days of the 104th Congress, there is no way to 
overcome her objections--even though a substantial majority of the 
Senate would probably vote for this legislation.
  Mr. BREAUX. It is truly unfortunate that the bill will not pass this 
year, but the issue will not just disappear. We will do what we can to 
convince the signatory nations of the Panama Declaration not to abandon 
the Declaration, and we intend to pursue the enactment of these changes 
early in the next Congress.
  Mr. STEVENS. I concur. Though we have been unsuccessful in enacting 
S. 1420 and H.R. 2823 before the close of the 104th Congress, it is our 
intent to reintroduce the bill at the beginning of the 105th Congress 
and seek its expeditious enactment. At the beginning of the next 
Congress, we will have the time to overcome procedural measures used by 
opponents.
  Mr. LOTT. It pleases me to hear the Senator from Alaska and the 
Senator from Louisiana commit to pursuing this legislation in the next 
Congress. I will do everything I can to provide time on the Senate 
floor to allow a vote on this important legislation as soon as the 
legislation is ready at the beginning of the year.

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