[Congressional Record Volume 143, Number 110 (Wednesday, July 30, 1997)]
[Senate]
[Pages S8294-S8311]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             INTERNATIONAL DOLPHIN CONSERVATION PROGRAM ACT

  Mr. McCAIN. I now ask unanimous consent that the Senate proceed to 
the consideration of S. 39 as under the consent agreement.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       A bill (S. 39) 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.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the 
bill, which had been reported from the Committee on Commerce, Science, 
and Transportation, with an amendment to strike all after the enacting 
clause and inserting in lieu thereof the following:

     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) 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 a commitment and 
     objective to progressively reduce dolphin mortality to a 
     level approaching zero through the setting of annual limits 
     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, that requires--
       ``(A) that the total annual dolphin mortality in the purse 
     seine fishery for yellow fin 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;
       ``(B) the establishment of a per stock per year dolphin 
     mortality limit at a level between 0.2 percent and 0.1 
     percent of the minimum population estimate to be in effect 
     through calendar year 2000;
       ``(C) the establishment of a per stock per year dolphin 
     mortality limit at a level less than or equal to 0.1 percent 
     of the minimum population estimate beginning with the 
     calendar year 2001;
       ``(D) that if a dolphin mortality limit is exceeded under--
       ``(i) subparagraph (A), all sets on dolphins shall cease 
     for the applicable fishing year; and
       ``(ii) subparagraph (B) or (C), all sets on the stocks 
     covered under subparagraph (B) or (C) and any mixed schools 
     that contain any of those stocks shall cease for the 
     applicable fishing year;
       ``(E) a scientific review and assessment to be conducted in 
     calendar year 1998 to--
       ``(i) assess progress in meeting the objectives set for 
     calendar year 2000 under subparagraph (B); and
       ``(ii) as appropriate, consider recommendations for meeting 
     these objectives;
       ``(F) a scientific review and assessment to be conducted in 
     calendar year 2000--
       ``(i) to review the stocks covered under subparagraph (C); 
     and
       ``(ii) as appropriate to consider recommendations to 
     further the objectives set under that subparagraph;
       ``(G) the establishment of a per vessel maximum annual 
     dolphin mortality limit consistent with the established per-
     year mortality limits, as determined under subparagraphs (A) 
     through (C); and
       ``(H) the provision of a system of incentives to vessel 
     captains to continue to reduce dolphin mortality, with the 
     goal of eliminating dolphin mortality.
       ``(29) The term `Declaration of Panama' means the 
     declaration signed in Panama City, Republic of Panama, on 
     October 4, 1995.''.

     SEC. 4. AMENDMENTS TO TITLE I.

       (a) Section 101(a)(2) (16 U.S.C. 1371(a)(2)) is amended--
       (1) by inserting 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'' before the period; and
       (2) by striking the semicolon in the second sentence and 
     all that follows through ``practicable''.
       (b) Section 101(a)(2) (16 U.S.C. 1371(a)(2)) is 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 the International Dolphin Conservation Program Act; 
     or
       ``(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, 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 those levels determined for 1996, or in any 
     year thereafter, consistent with a commitment and objective 
     to progressively reduce 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; and''
       (2) by redesignating subparagraphs (C), (D), and (E) as 
     subparagraphs (D), (E), and (F), respectively;
       (3) by inserting after subparagraph (B) the following:
       ``(C) the Secretary 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 to allow determination of 
     compliance with the International Dolphin Conservation 
     Program; or
       ``(ii) the government of the harvesting nation does not 
     provide directly or authorize the Inter-American Tropical 
     Tuna Commission to release complete and accurate information 
     to the Secretary in a timely manner for the purposes of 
     tracking and verifying compliance with the minimum 
     requirements established by the Secretary in regulations 
     promulgated under subsection (f) of the Dolphin Protection 
     Consumer Information Act (16 U.S.C. 1385(f)); or
       ``(iii) 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

[[Page S8295]]

     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) Section 101 (16 U.S.C. 1371) is amended by adding at 
     the end the following new subsection:
       ``(d) Act Not To Apply to Incidental Takings by United 
     States Citizens Employed on Foreign Vessels Outside the 
     United States EEZ.--The provisions of this Act shall not 
     apply to a citizen of the United States 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) 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 304 of this Act, subject 
     to the regulations issued pursuant to section 302 of this 
     Act.''.
       (e) Section 108(a)(2) (16 U.S.C. 1378(a)(2)) is amended--
       (1) by striking ``and'' at the end of subparagraph (A);
       (2) by inserting after subparagraph (B) the following:
       ``(C) negotiations to revise the Convention for the 
     Establishment of an Inter-American Tropical Tuna Commission 
     (1 U.S.T. 230; TIAS 2044) which will incorporate--
       ``(i) the conservation and management provisions agreed to 
     by the nations which have signed the Declaration of Panama 
     and in the Straddling Fish Stocks and Highly Migratory Fish 
     Stocks Agreement, as opened for signature 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) Section 110(a) (16 U.S.C. 1380(a)) is amended--
       (1) by striking ``(1)'' in paragraph (1); and
       (2) by striking paragraph (2).
       (g) Subsection (d)(1) of the Dolphin Protection Consumer 
     Information Act (16 U.S.C. 1385(d)(1)) is amended to read as 
     follows:
       ``(1) It is a violation of section 5 of the Federal Trade 
     Commission Act for any producer, importer, exporter, 
     distributor, or seller of any tuna product that is exported 
     from or offered for sale in the United States to include on 
     the label of that product the term 'Dolphin Safe' or any 
     other term or symbol that falsely claims or suggests that the 
     tuna contained in the product was harvested using a method of 
     fishing that is not harmful to dolphins if the product 
     contains--
       ``(A) tuna harvested on the high seas by a vessel engaged 
     in driftnet fishing;
       ``(B) tuna harvested in the eastern tropical Pacific Ocean 
     by a vessel using purse seine nets which do not meet the 
     requirements of being considered dolphin safe under 
     paragraph (2);
       ``(C) tuna harvested outside the eastern tropical Pacific 
     Ocean by a vessel using purse seine nets which do not meet 
     the requirements for being considered dolphin safe under 
     paragraph (3); or
       ``(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 animals.''.
       (h) Subsection (d)(2) of the Dolphin Protection Consumer 
     Information Act (16 U.S.C. 1385(d)(2)) is amended to read as 
     follows:
       ``(2) For purposes of paragraph (1)(B), a tuna product that 
     contains tuna harvested in the eastern tropical Pacific Ocean 
     by a vessel using purse seine nets is dolphin safe if--
       ``(A) the vessel is of a type and size that the Secretary 
     has determined, consistent with the International Dolphin 
     Conservation Program, is not capable of deploying its purse 
     seine nets on or to encircle dolphins; or
       ``(B)(i) the product is accompanied by a written statement 
     executed by the captain of the vessel which harvested the 
     tuna certifying that no dolphins were killed or seriously 
     injured during the sets in which the tuna were caught;
       ``(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 
     documented that no dolphins were killed or seriously injured 
     during the sets in which the tuna in the tuna product were 
     caught; and
       ``(iii) the statements referred to in clauses (i) and (ii) 
     are endorsed in writing by each exporter, importer, and 
     processor of the product; and
       ``(C) the written statements and endorsements referred to 
     in subparagraph (B) comply with regulations promulgated by 
     the Secretary which would provide for the verification of 
     tuna products as dolphin safe.''.
       (i) Subsection (d) of the Dolphin Protection Consumer 
     Information Act (16 U.S.C. 1385(d)) is amended further by 
     adding the following new paragraphs:
       ``(3) For purposes of paragraph (1)(C), tuna or a tuna 
     product that contains tuna harvested outside the eastern 
     tropical Pacific Ocean by a fishing vessel using purse seine 
     nets is dolphin safe if--
       ``(A) it is accompanied by a written statement executed by 
     the captain of the vessel certifying that no purse seine net 
     was intentionally deployed on or to encircle dolphins during 
     the particular voyage on which the tuna was harvested; or
       ``(B) in any fishing in which the Secretary has determined 
     that a regular and significant association occurs between 
     marine mammals and tuna, it is accompanied by a written 
     statement executed by the captain of the vessel and an 
     observer, certifying that no purse seine net was 
     intentionally deployed on or to encircle marine mammals 
     during the particular voyage on which the tuna was harvested.
       ``(4) 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 or 
     seriously injured in the course of the fishing operation or 
     operations in which the tuna were caught.
       ``(5) No tuna product may be labeled with any reference to 
     dolphins, porpoises, or marine mammals, except as dolphin 
     safe in accordance with this subsection.''.
       (j) Subsection (f) of the Dolphin Protection Consumer 
     Information Act (16 U.S.C. 1385(f)) is amended to read as 
     follows:
       ``(f) Regulations.--
       ``(1) In general.--The Secretary, in consultation with the 
     Secretary of the Treasury, shall issue regulations to 
     implement this section not later than 6 months after the 
     effective date of the International Dolphin Conservation 
     Program Act.
       ``(2) Tracking Regulations.--Within 3 months after the date 
     of enactment of the International Dolphin Conservation 
     Program Act, the Secretary, in consultation with the 
     Secretary of the Treasury, shall issue 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 
     include provisions that address each of the following items:
       ``(1) the use of weight calculation for purposes of 
     tracking tuna caught, landed, processed, and exported;
       ``(2) additional measures to enhance current observer 
     coverage, including the establishment of criteria for 
     training, and for improving monitoring and reporting 
     capabilities and procedures;
       ``(3) the designation of well location, procedures for 
     sealing holds, procedures for monitoring and certifying both 
     above and below deck, or through equally effective methods, 
     the tracking and verification of tuna labeled under 
     subsection (d);
       ``(4) the reporting, receipt, and database storage of radio 
     and facsimile transmittals from fishing vessels containing 
     information related to the tracking and verification of tuna, 
     and the definition of set;
       ``(5) the shore-based verification and tracking throughout 
     the fishing, transshipment, and canning process by means of 
     Inter-American Tropical Tuna Commission trip records or 
     otherwise;
       ``(6) the use of periodic audits and spot checks for 
     caught, landed, and processed tuna products labeled in 
     accordance with subsection (d); and
       ``(7) the provision of timely access to data required under 
     this subsection by the Secretary from harvesting nations to 
     undertake the actions required in paragraph (6) of this 
     subsection.
     The Secretary may make such adjustments as may be appropriate 
     to the regulations promulgated under this subsection to 
     implement an international tracking and verification program 
     that meets or exceeds the minimum requirements established by 
     the Secretary under this subsection.''.

     SEC. 5. AMENDMENTS TO TITLE III.

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

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

       (b) Section 301 (16 U.S.C. 1411) is amended--
       (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

[[Page S8296]]

     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) Section 302 (16 U.S.C. 1412) is amended to read as 
     follows:

     ``SEC. 302. AUTHORITY OF THE SECRETARY.

       ``(a) Regulations.--
       ``(1) The Secretary shall issue regulations to implement 
     the International Dolphin Conservation Program.
       ``(2)(A) Not later than 3 months after the effective date 
     of the International Dolphin Conservation Program Act, 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 
     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 
     do not require the encirclement of dolphins in the course of 
     commercial yellowfin tuna fishing;
       ``(xi) authorizing fishing with 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 subsection (d) 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 effect on a marine mammal stock or 
     species, the Secretary shall--
       ``(A) notify the Inter-American Tropical Tuna Commission of 
     his or her findings, along with recommendations to the 
     Commission as to actions necessary to reduce incidental 
     mortality and serious injury and mitigate such adverse 
     impact; and
       ``(B) prescribe emergency regulations to reduce incidental 
     mortality and serious injury and mitigate such adverse 
     impact.
       ``(2) 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 findings under paragraph 
     (1)(A), the United States Commissioners shall call for a 
     special meeting of the Commission to address the problem 
     described in the findings. 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.
       ``(d) Research.--
       ``(1) In general.--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.
       ``(2) Specific areas of research.--Research carried out 
     under paragraph (1)--
       ``(A) may include 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) may include projects to develop cost-effective 
     methods of fishing for mature yellowfin tuna without setting 
     nets on dolphins or other marine mammals;
       ``(C) may include 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;
       ``(D) shall include projects to study the effect of chase 
     and encirclement on the health and biology of dolphin and 
     dolphin populations incidentally taken in the course of purse 
     seine fishing for yellowfin tuna in the eastern tropical 
     Pacific Ocean; and
       ``(E) may include 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.
       ``(3) Authorization of appropriations.--There are 
     authorized to be appropriated to the Secretary $8,000,000 to 
     be used by the Secretary, acting through the National Marine 
     Fisheries Service, to carry out the research described in 
     paragraph (2)(D).
       ``(4) Report.--Within 5 years after the date of enactment 
     of the International Dolphin Conservation Program Act, the 
     Secretary shall complete and submit a report containing the 
     results of the research described in paragraph (2)(D), 
     together with any recommendations the Secretary may have to 
     offer on the basis of the study, to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Commerce of the House of Representatives, and to 
     the Inter-American Tropical Tuna Commission. The Secretary 
     shall include a description of the annual activities and 
     results of research carried out under this subsection in the 
     report required under section 303.''.
       (d) Section 303 (16 U.S.C. 1413) is hereby repealed.
       (e) Section 304 (16 U.S.C. 1414) is amended to read as 
     follows:

     ``SEC. 303. REPORTS BY THE SECRETARY.

       ``Notwithstanding section 103(f), the Secretary shall 
     submit annual reports to the Congress which include--
       ``(1) results of research conducted pursuant to section 
     302;
       ``(2) a description of the status and trends of stocks of 
     tuna;
       ``(3) a description of the efforts to assess, avoid, 
     reduce, and minimize the bycatch of juvenile yellowfin tuna 
     and bycatch of nontarget species;
       ``(4) a description of the activities of the International 
     Dolphin Conservation Program and of

[[Page S8297]]

     the efforts of the United States in support of the Program's 
     goals and objectives, including the protection of dolphin 
     populations in the eastern tropical Pacific Ocean, and an 
     assessment of the effectiveness of the Program;
       ``(5) actions taken by the Secretary under section 
     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.''.
       (f) Section 305 (16 U.S.C. 1415) is hereby repealed.
       (g) Section 306 (16 U.S.C. 1416) is amended to read as 
     follows:

     ``SEC. 304. PERMITS.

       ``(a) In General.--
       ``(1) Consistent with the regulations issued pursuant to 
     section 302, the Secretary shall issue a permit to a vessel 
     of the United States authorizing participation in the 
     International Dolphin Conservation Program and may require a 
     permit for the person actually in charge of and controlling 
     the fishing operation of the vessel. The Secretary shall 
     prescribe such procedures as are necessary to carry out this 
     subsection, including requiring the submission of--
       ``(A) the name and official number or other identification 
     of each fishing vessel for which a permit is sought, together 
     with the name and address of the owner thereof; and
       ``(B) the tonnage, hold capacity, speed, processing 
     equipment, and type and quantity of gear, including an 
     inventory of special equipment required under section 302, 
     with respect to each vessel.
       ``(2) The Secretary is authorized to charge a fee for 
     granting an authorization and issuing a permit under this 
     section. The level of fees charged under this paragraph may 
     not exceed the administrative cost incurred in granting an 
     authorization and issuing a permit. Fees collected under this 
     paragraph shall be available to the Under Secretary of 
     Commerce for Oceans and Atmosphere for expenses incurred in 
     granting authorizations and issuing permits under this 
     section.
       ``(3) After the effective date of 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.''.
       (h) Section 307 (16 U.S.C. 1417) is hereby redesignated as 
     section 305, and 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;
       (B) by striking paragraph (2) and inserting in lieu thereof 
     the following:
       ``(2) except as provided for in subsection 101(d), for any 
     person or vessel subject to the jurisdiction of the United 
     States intentionally to set a purse seine net on or to 
     encircle any marine mammal in the course of tuna fishing 
     operations in the eastern tropical Pacific Ocean except in 
     accordance with this title and regulations issued under 
     pursuant to this 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).
       (i) Section 308 (16 U.S.C. 1418) is redesignated as section 
     306, and amended by striking ``303'' and inserting in lieu 
     thereof ``302(d)''.
       (j) Clerical Amendments.--The table of contents in the 
     first section of the Marine Mammal Protection Act of 1972 is 
     amended by striking the items relating to title III and 
     inserting in lieu thereof the following:

        ``TITLE III--INTERNATIONAL DOLPHIN CONSERVATION PROGRAM

``Sec. 301. Findings and policy.
``Sec. 302. Authority of the Secretary.
``Sec. 303. Reports by the Secretary.
``Sec. 304. Permits.

     SEC. 6. AMENDMENTS TO THE TUNA CONVENTIONS ACT.

       (a) Section 3(c) of the Tuna Conventions Act (16 U.S.C. 
     952(c)) is amended to read as follows:
       ``(c) at least one shall be either the 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:

[[Page S8298]]

     ``SEC. 15. REDUCTION OF BYCATCH IN THE EASTERN TROPICAL 
                   PACIFIC OCEAN.

       ``The Secretary of State, acting through the United States 
     Commissioners, shall take the necessary steps 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. 7. EFFECTIVE DATES.

       (a) Amendments To Take Effect When IDCP in Effect.--
     Sections 3 through 6 of this Act shall become effective upon 
     certification by the Secretary of State to Congress that a 
     binding resolution of the Inter-American Tropical Tuna 
     Commission or other legally binding instrument establishing 
     the International Dolphin Conservation Program has been 
     adopted and is in effect.
       (b) Special Effective Date.--Notwithstanding subsection 
     (a), subsection (f)(2) of the Dolphin Protection Consumer 
     Information Act (16 U.S.C. 1385(f)(2)), as added by section 
     4(j) of this Act takes effect on the date of enactment of 
     this Act.

  Mr. McCAIN. Mr. President, we have an agreement to move forward on 
the tuna-dolphin legislation, S. 39, the Snowe-Breaux-Stevens-Kerry, et 
al., legislation.
  This legislation would implement the International Dolphin 
Conservation Program. Senator Snowe, who is responsible for this 
legislation, will soon offer a managers' amendment that will make 
several changes to the bill. As I stated last week, my consent to 
modifications was with the stipulation that any changes would not 
undermine the International Dolphin Conservation Program by causing the 
signatory nations to dissolve the agreement.
  With the assurances we have received from the President's National 
Security Adviser that these changes meet that stipulation, I support 
strongly the managers' amendment.
  Again, Mr. President, this legislation is supported by Greenpeace, 
the National Wildlife Federation, the World Wild Life Fund, the 
Environmental Defense Fund and the Center for Marine Conservation.
  I ask unanimous consent to have printed in the Record at this time 
letters from these organizations and from the President endorsing this 
legislation.
  There being no objection, the letters were ordered to be printed in 
the Record, as follows:

                                                    July 17, 1997.
     Hon. John McCain,
     Chairman, Committee on Commerce, Science and Transportation, 
         U.S. Senate, Dirksen Senate Office Building, Washington, 
         DC.
       Dear Senator McCain, The Center for Marine Conservation, 
     Environmental Defense Fund, Greenpeace, National Wildlife 
     Federation and the World Wildlife Fund, representing more 
     than 10 million supporters in the United States strongly 
     support passage of S. 39, The International Dolphin 
     Conservation Program Act. We urge you to support S. 39, seek 
     prompt consideration of the bill by the full Senate, and to 
     oppose any procedural moves which would delay consideration 
     of the bill.
       Not only does the bill strengthen the Marine Mammal 
     Protection Act, protection for dolphins in the Eastern 
     Tropical Pacific (ETP) but it also protects the ecosystem by 
     reducing the bycatch of endangered sea turtles, sharks, 
     billfish and juvenile tuna. Additionally, the Act is an 
     important step in solidifying the voluntary program presently 
     in place in the ETP which has reduced dolphin mortality from 
     423,678 in 1972 to 2,700 in the last year. Enactment of S.39 
     and the development of the new international standards it 
     prescribes will bring the conservation community 
     significantly closer to the goal of eliminating dolphin 
     deaths altogether.
       We applaud your efforts to bring S. 39 to the floor for 
     consideration. The amendments passed by the Senate Committee 
     on Commerce, Science and Transportation have strengthened the 
     bill considerably. Significantly, these changes directly 
     address concerns about truth in labeling, because they 
     prohibit the use of the of ``Dolphin Safe'' label on tuna if 
     a single dolphin died or suffered serious injury during the 
     fishing operation. That change means that the ``Dolphin 
     Safe'' label will provide greater protection for dolphins 
     than ever before. In addition, the bill as amended now 
     provides numerous fail-safe measures to protect the dolphin 
     populations in the ETP. The amended bill gives the Secretary 
     of Commerce emergency powers to re-impose the trade embargoes 
     if a detrimental change in the dolphin population is 
     observed. While there is no indication in the current science 
     that chase and encirclement adversely affects dolphins 
     populations the bill, as amended provides that a five year 
     study be done to determine the effects of chase and 
     encirclement on those dolphin populations. If at any time the 
     study shows adverse impact on the populations, the bill 
     provides the Secretary of Commerce emergency powers to 
     protect dolphins. In short, S. 39 offers a powerful and 
     effective means of protecting dolphins, the Eastern Tropical 
     Pacific ecosystem, and the American consumer.
       This bill is supported by environmentalists, the fishing 
     industry, and the Seafarers Union. It is based on sound 
     science, and has been the subject of Congressional 
     consideration for two full legislative sessions. Delay in 
     enactment of S. 39 would mean sacrificing this important 
     opportunity to strengthen the protection of dolphins and the 
     ecosystem in which they live. We strongly urge you to seek 
     prompt consideration of S. 39 by the full Senate and to 
     oppose any procedural moves which would delay its prompt 
     enactment.
           Sincerely,
     Roger McManus,
       President, Center for Marine Conservation.
     Barbara Dudley,
       Executive Director, Greenpeace.
     Kathryn Fuller,
       President, World Wildlife Fund.
     Fred Krupp,
       Executive Director, Environmental Defense Fund.
     Mark Van Putten,
       President, National Wildlife Federation.
                                  ____



                                              The White House,

                                        Washington, July 15, 1997.
     Hon. Trent Lott,
     Majority Leader, U.S. Senate, Washington, DC.
       Dear Mr. Leader: I urge the Senate to consider and pass S. 
     39, the International Dolphin Conservation Program Act.
       The House of Representatives recently passed counterpart 
     legislation with wide bipartisan support and it is my hope 
     that the Senate will act similarly. As you know, this 
     legislation has recovered the support of environmental 
     organizations in addition to our nation's fishing industry. 
     If enacted, S. 39 will allow the United States to implement 
     the Panama Declaration, a strong international program needed 
     to protect dolphins and other marine life in the Eastern 
     Tropical Pacific Ocean.
       I hope that the Senate acts in our national interest and 
     passes this measure, which will permit the United States to 
     maintain its leadership role in promoting better stewardship 
     of our oceans and their valuable resources.
           Sincerely,
                                                     Bill Clinton.

  Mr. McCAIN. The bill, which was approved in the House last year and 
again last May by overwhelming majorities, would implement the 
International Dolphin Conservation Program by making basically two 
changes to U.S. law. First, when the IDCP agreement is officially 
concluded, it permits the importation of tuna from the Eastern Tropical 
Pacific as long as dolphin-safe fishing practices are adhered to. 
Second, it will permit the labeling of tuna from this area as dolphin 
safe as long as no dolphin were killed or seriously injured during the 
catch and that science shows no significant adverse impact on dolphins.
  Failure to enact this bill would be a devastating blow to our efforts 
to protect the marine environment. Without this implementing 
legislation, current fishing practices will continue, practices which 
scientists have learned have an adverse impact not only on dolphin but 
a host of other marine life including sea turtles and bill fish. 
Foreign fishing companies no longer bound by the international treaty 
may well resume even more harmful fishing practices which would spell 
disaster for dolphin. The impact of tuna fishing on dolphin is an 
international problem which demands an international response. Passage 
of this legislation will ensure the cooperation of the need to provide 
meaningful and sustainable protection for dolphin and other marine 
life.
  Mr. President, I want to again thank Senator Snowe, the chairman of 
the Ocean and Fisheries Subcommittee, Senator Stevens, Senator Breaux, 
and Senator Kerry of Massachusetts. They have been working on this 
legislation for 2 years. Senator Snowe has held numerous hearings, has 
agreed to a number of compromises, and a number of amendments, and I 
would like to again congratulate her for her success in reaching 
agreement on this very difficult and controversial legislation. The 
enactment of this legislation is a great victory for the environment 
and the environmental communities and

[[Page S8299]]

they deserve enormous credit and gratitude.
  I thank the other Senators without whose cooperation passage of this 
bill would not be possible. I would like to yield to Senator Snowe for 
her comments including a description of the managers' amendment.
  Mr. President, I yield the floor.
  Ms. SNOWE addressed the Chair.
  The PRESIDING OFFICER (Mr. Santorum). The Senator from Maine.
  Ms. SNOWE. I thank Senator McCain, who, as chairman of the Commerce 
Committee, has shown tremendous leadership, and I congratulate him for 
getting this contentious bill to the floor.
  Before beginning, I ask unanimous consent that Kate Wing, a Sea Grant 
fellow from the Subcommittee on Ocean and Fisheries, be given floor 
privileges during consideration of S. 3 9.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Ms. SNOWE. Mr. President, I would also like to commend the original 
sponsors of this legislation, Senator Stevens and Senator Breaux, for 
their stellar efforts on the bill before us today. They have spent a 
tremendous amount of time and energy over the past year and a half to 
get this bill to this point, and they have made every effort to 
accommodate the concerns of Senators with opposing views.
  I would also like to thank Senator Kerry, the ranking member of the 
subcommittee, and Senators Hollings, Boxer, and Biden who have been 
instrumental in helping us reach agreement on this bill, and I 
appreciate their efforts.
  S. 39, the International Dolphin Conservation Program Act, will make 
the changes in U.S. law necessary to implement the Declaration of 
Panama, which was signed by the United States and 11 other countries in 
1995. Under Panama, these nations agreed to conclude a binding 
agreement to protect dolphins in the Eastern Tropical Pacific tuna 
fishery, and to adhere to broadly sustainable methods of harvesting 
this tuna.
  This bill enjoys a tremendous amount of public support. The Clinton 
administration, which negotiated the agreement, strongly supports this 
bill. As Senator McCain indicated, a number of environmental groups are 
champions of this legislation as well. The World Wildlife Fund, 
National Wildlife Federation, Center for Marine Conservation, 
Environmental Defense Fund, and Greenpeace have all strongly supported 
this bill.
  The bill is also strongly supported by the National Fisheries 
Institute, the U.S. tuna fishing industry, and the Seafarer's 
International Union.
  The Panama Declaration and S. 39 represent a landmark international 
effort to achieve two critical objectives: to protect dolphins in the 
ETP, and to protect the entire marine ecosystem of this vast region. 
They do this by requiring the nations fishing in the ETP to meet 
exceedingly strict limitations on the mortality and serious injury of 
dolphins. In exchange for the other nations agreeing to this stringent 
conservation regime, the United States will lift its embargoes of tuna 
from other nations, and permit fishermen that set purse seine nets 
around dolphins to use the U.S. dolphin-safe label if they do not kill 
or seriously injure any dolphins.
  This is the most effective and responsible way to achieve our dual 
objectives of protecting dolphins and the ecosystem of the ETP, and the 
reasons are twofold. While dolphin setting was once very deadly for 
dolphins, refinements to the practice in recent years have yielded 
tremendous gains. The graph behind me shows dolphin mortality per 
dolphin set, and we can see how successful fishermen have been in 
reducing mortality to dolphins in each set--99 percent since 1986.
  These mortality reductions per set have in turn led to a precipitous 
decline in total dolphin mortality in the ETP, as this other graph 
behind me indicates as well. Overall dolphin mortality has plummeted 99 
percent since 1986, even though the rate of dolphin setting has 
remained stable during that period.
  At the same time, it has become apparent that the alternatives to 
dolphin setting--log and school setting--are very damaging to many 
other species. The table behind me shows the relative amounts of 
bycatch for each of the three harvesting methods.
  I ask unanimous consent the table be printed in the Record.
  There being no objection, the table was ordered to be printed in the 
Record, as follows:

----------------------------------------------------------------------------------------------------------------
                                                                                                       Dolphin
                                                               Number of      Total      Mortality    sets as a
                            Year                                Dolphin      dolphin      per set     percent of
                                                                  sets      mortality                 total sets
----------------------------------------------------------------------------------------------------------------
1986........................................................       10,507      133,174         5.34        59.82
1987........................................................       12,538       99,177        12.67        62.00
1988........................................................       10,571       81,593         7.91        47.75
1989........................................................       12,580       97,046         7.72        56.34
1990........................................................       10,571       52,531         7.71        51.95
1991........................................................        9,482       27,292         4.97        55.32
1992........................................................       10,326       15,550         2.88        56.16
1993........................................................        6,953        3,716         1.51        40.27
1994........................................................        7,804        4,095         0.53        50.00
1995........................................................        7,209        3,276         0.52        47.00
1996........................................................        7,353        2,766         0.45        52.00
----------------------------------------------------------------------------------------------------------------
Data from the Inter-American Tropical Tuna Association.

  Ms. SNOWE. Mahi-mahi, for instance, a fish popular in white 
tablecloth restaurants in the United States, suffers far higher bycatch 
rates in log and school sets than in dolphin sets. Looking at blacktip 
sharks, we see a similar problem. The same is true for every other 
nondolphin species in the ETP. If you look at Mahi-mahi, you are 
talking about losing 30,000 Mahi-mahi fish for every 1,000 pounds of 
tuna caught in the eastern tropical pacific.
  Mr. President, the basic intent of the Panama Declaration and S. 39 
is to lock the nations that fish in the ETP into a very strict 
conservation regime that will require them to continue the progress 
made to date and eventually reduce dolphin mortality to a level near 
zero. And it is also to recognize a fishing method that causes very 
little harm to dolphins, but which is also the safest possible fishing 
method for all of the other species that live in the ETP.
  Mr. President, as we know, some Senators have been concerned that 
dolphin setting may be causing unseen harm to dolphins, and they 
objected to the immediate change in the dolphin safe label contained in 
S. 39 as reported by the committee. The latest compromise that we all 
reached last week, and that is contained in the manager's amendment 
that was offered by Senator McCain.
  It requires the expeditious commencement of research to further study 
the effect of dolphin setting on dolphins. Tuna caught by dolphin sets 
may not be labeled dolphin safe until at least March 1999, at which 
time the Secretary of Commerce must review the preliminary results of 
the study, and make a determination as to whether or not dolphin 
setting is causing significant adverse impacts to depleted dolphin 
stocks in the ETP. If the Secretary finds no significant impact, then 
the label changes to permit tuna caught with dolphin sets to be labeled 
dolphin safe, as long as no dolphins were killed or seriously injured 
during harvest.
  Between July 1, 2001, and December 31, 2002, the Secretary will 
review the completed results of the study, and make another 
determination. If significant adverse impacts to dolphins are found at 
that time, he must prohibit the labeling of tuna caught with dolphin 
sets as dolphin safe.
  Mr. President, I think this compromise reasonably addresses the 
concerns on both sides, and it resolves what has been a very 
contentious issue. I urge my colleagues to support the

[[Page S8300]]

manager's amendment to S. 39, and the bill as amended.
  I reserve the remainder of my time, Mr. President.
  Mr. President, may I ask how much time I have remaining?
  The PRESIDING OFFICER. The Senator from Maine has 5 minutes and 28 
second.
  Ms. SNOWE. Mr. President, I yield 3 minutes to the Senator from 
Louisiana.
  The PRESIDING OFFICER. The Senator from Louisiana is recognized for 3 
minutes.
  Mr. BREAUX. I thank the Senator and start by congratulating her on 
the effort she has made in this regard, and Senator Stevens from Alaska 
for the work he has done along with Senator Kerry, and also acknowledge 
Senator Barbara Boxer's longstanding commitment on doing what is 
necessary to preserve and protect dolphins.
  As we bring this legislation to the floor, it is very, very 
significant, for we have been working on this for 25 years to try to 
improve on a program that I think has made great progress in preserving 
the ability for the tuna industry in the United States, one of the most 
popular fishing resources in the entire world, to be able to continue 
to operate in a manner that does not cause death or mortality or 
serious harm to dolphin, which conflict, many times, with the tuna fish 
themselves. This industry, I think, is to be commended because they 
have made tremendous strides in trying to preserve their industry, at 
the same time protecting dolphins. So they are to be congratulated for 
the great work they have done. This legislation hopefully will be an 
improvement. I commend all of those who have had a chance to be 
involved in it.
  One concern that I do have is directly related to the labeling issue. 
As many of you know, the debate on the tuna-dolphin issue has a long 
and tortuous history. It was our own industry, primarily the U.S. 
canners, who started the dolphin-safe movement by voluntarily adopting 
that label back in 1990. It took several years and many millions of 
dollars to educate the American consumer about what the dolphin-safe 
label means. It was because of the industry's efforts and congressional 
backing that we still have that label today.
  But today, when we pass S. 39, the Congress will establish criteria 
by which to evaluate the appropriateness of the dolphin-safe label. The 
definition of the label may change, based upon further scientific 
studies.
  But let us not fool ourselves that there are some people who will 
oppose this change at all costs. One way to do this is through the use 
of alternative labels.
  The existence of alternative labels alone is not problematic, but the 
misuse of those labels to deceive or mislead the American public is a 
problem. The original version of S. 39 recognized this fact and 
prohibited other labels that referred to dolphins or other marine 
mammals on a can of tuna. It made sense from a practical point of 
view--if the Congress is establishing very strict criteria for a 
Government dolphin-safe label, then it should be the only such label.
  Opponents to this provision would argue on the right to free 
commercial speech. We must remember that commercial speech is not given 
the same degree of protection as individual speech. If a significant 
Government interest exists, then the Government can regulate such 
commercial speech. I believe that the conservation goals of the 
International Dolphin Conservation Program are such a significant 
Government interest. But in the spirit of compromise, I was willing to 
allow alternative labels under some strict conditions.
  Alternative labels can exist if they meet the minimum standards of 
the dolphin-safe label, including the no mortality or serious injury 
standard as well as the support of a tracking and verification program 
similar to that found in S. 39. If you want to claim that you are as 
safe as dolphin safe, then you must be able to prove it. Alternative 
labels are subject to all applicable labeling, marketing and 
advertising laws and regulations of the Federal Trade Commission Act--
this only makes sense.
  But the concern on the misuse of alternative labels continues to 
exist. Our compromise would address this concern by forbidding any 
campaign or effort to mislead or deceive consumers about the level of 
protection afforded dolphins under the International Dolphin 
Conservation Program.
  Finally, we ask the Secretary of Commerce to monitor the situation. 
If alternative labels are used in such a way to undermine the 
conservation goals of the International Dolphin Conservation Program, 
then the Secretary will make a report to the Congress. If our efforts 
here today, and over the past 2 years, are being thwarted by a campaign 
to undercut the label or International Dolphin Conservation Program, 
then we should know and we should take action to eliminate this 
problem.
  Mr. President, I hope these safeguards are sufficient in dealing with 
the misuse of alternative labels. I can only support this bill if I 
know that our efforts and the goals of the binding international 
program are not being undone by a campaign which uses alternative 
labels to cerate market distinctions for the purpose of customer 
confusion or deception. I believe that we addressed this concern with 
our compromise. If not, I am sure that we shall visit this issue again.
  In closing, Mr. President, I would like to acknowledge the leadership 
of my friend from Alaska, Senator Stevens, who has helped guide this 
bill through to this day. I also would like to note the efforts of 
Senators Snowe and McCain who took a personal interest in protecting 
dolphins through an international agreement. My colleague from 
Massachusetts, Senator Kerry, helped to forge the compromise agreement 
which we stand to implement today. Of course, Senators Biden and Boxer 
should be noted for their continuing concern for dolphin protection--I 
am glad that our common interests were merged into common legislation. 
I urge my colleagues to vote in favor of S. 39.
  The PRESIDING OFFICER. Who yields time?
  Mr. STEVENS. Will the Senator yield to me?
  Ms. SNOWE. Mr. President, I am more than happy to yield the remainder 
of my time to Senator Stevens, who is a major sponsor of this 
legislation along with Senator Breaux. I thank the Senator for his 
leadership on this issue.
  The PRESIDING OFFICER. The Senator is recognized for 2 minutes and 22 
seconds.


                         Privilege of the Floor

  Mr. KERRY. Mr. President, I ask unanimous consent that Jean Toal and 
Tom Richey be granted the privilege of the floor for this debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. BREAUX. Mr. President, I ask unanimous consent my staff person, 
Paul Deveau, be granted the privilege of the floor.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Alaska.
  Mr. STEVENS. Mr. President, I introduced S. 39, the International 
Dolphin Conservation Program Act, in January of this year at the 
request of the administration.
  The bill would implement the international conservation agreement 
called the Panama Declaration, which was signed on October 4, 1995, by 
the 12 nations that fish for tuna in the eastern tropical Pacific Ocean 
[the ETP].
  These countries include: Belize, Colombia, Costa Rica, Ecuador, 
France, Honduras, Mexico, Panama, Spain, Vanuatu, and Venezuela.
  The President and Vice President strongly support the bill, as do 
Greenpeace, the Center for Marine Conservation, the Environmental 
Defense Fund, the National Wildlife Federation, the World Wildlife 
Fund, the American Sportfishing Association, U.S. labor unions, and the 
U.S. tuna industry.
  The House of Representatives has passed measures similar to S. 39 
twice--in both the 104th and 105th Congresses, by large bipartisan 
majorities.
  Under the Panama Declaration and S. 39, a binding international 
agreement to reduce dolphin mortality and conserve fishery resources in 
the ETP will be created.
  This binding agreement will cap dolphin mortality in the ETP at no 
more than 5,000 dolphins annually, with the goal of reducing the 
mortality of dolphins to zero.

[[Page S8301]]

  It will also create binding observer, bycatch, and other conservation 
and management measures in the ETP similar to those we just enacted in 
our domestic fisheries in the Magnuson-Stevens Act.
  These important conservation measures are contingent on specific 
changes to U.S. law.
  The key changes include: 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 a change so that 
dolphin safe will mean tuna in the ETP caught in a set in which dolphin 
mortality occurred.
  Under the agreement we have reached with Senators Boxer, Biden, and 
Breaux, the second of these changes will be delayed.
  Tuna caught by encircling dolphins in the ETP will only be able to be 
labeled as dolphin safe beginning in March 1999.
  Before this happens, the Secretary of Commerce must determine--as we 
believe he will based on the scientific data we have already seen--that 
encirclement is not having a significant adverse impact on depleted 
dolphin stocks.
  I have strong doubts about whether this delay is necessary, but the 
Latin American countries who signed the Panama Declaration with the 
United States have agreed to the delay.
  It is appropriate that in 1997--the 25th anniversary of the passage 
of the Marine Mammal Protection Act--we are making improvements with 
respect to the protection of dolphins, a primary focus in our enactment 
of the original MMPA.
  Since passage of the MMPA in 1972, dolphin mortality in the ETP has 
been reduced from over 400,000 per year, to below 5,000.
  This decrease in dolphin mortality is primarily due to the 
development of a practice called the back-down technique, in which 
dolphin are safely allowed to escape from the net.
  Our bill today acknowledges the vast improvements that have been made 
in this encirclement fishing method.
  S. 39 will allow tuna caught through this method to be imported into 
the United States and thereby discouraged alternative methods--log 
sets--which we have learned have extremely high levels of bycatch.
  We spent the last 3 years working on the new measures to curb bycatch 
in our domestic fisheries--this year's S. 39 will help with the 
situation in the ETP.
  I thank Senator Breaux for his work on the matter, along with Senator 
Kerry, and I want to acknowledge the leadership of Senator Snowe in 
working out the final version of this bill.
  I thank the staff: Trevor McCabe, of my office; Paul Deveau, from 
Senator Breaux's staff; Clark LeBlanc, with Senator Snowe and Senator 
McCain; Kate Wing, from Senator McCain's staff; Penny Dalton, along 
with Jean Toal, from Senator Hollings' staff; Margaret Cummisky, from 
Senator Inouye's staff; and Kate English and Tom Richey, from Senator 
Kerry's staff. It has been an excellent staff job.
  Mr. KERRY addressed the Chair.
  The PRESIDING OFFICER. The Senator from Massachusetts is recognized.
  Mr. KERRY. Mr. President, I yield myself 5 minutes.
  I would like to also thank all of those involved in this effort, 
which has been a very long, very complicated, sometimes difficult 
effort, but I think, nevertheless, an extremely important one, which is 
resulting in a very important conservation bill being passed.
  I particularly thank Senator McCain, Senator Stevens, Senator 
Hollings, Senator Breaux, Senator Snowe, Senator Boxer, Senator Biden, 
Senator Daschle, Senator Inouye, and Senator Smith, all of whom have 
been involved in the negotiations and effort to reach this point. I 
thank the representative from the White House, Katie McGinty, and the 
State Department, and the Department of Commerce who have all been part 
of these negotiations, and particularly the staff on both sides, the 
staff on the majority side that Senator Stevens mentioned and also 
particularly Kate English and Penny Dalton, Tom Richey and Jean Toal on 
our side who have really spent hour upon hour upon hour trying to find 
a compromise.
  I fought for this compromise because it includes the critical element 
missing from the original bill: enhanced protection for depleted 
dolphin stocks on the basis of sound science before any changes are 
made to U.S. law to ease restrictions on fishing procedures that could 
jeopardize dolphins. This was my key concern: sound science first.
  In addition, the compromise strengthens the bill by adding a bycatch 
reduction program, mandating a research study, guaranteeing funding 
costs for its initiation, and strengthening the authority for the 
emergency regulatory provisions. Finally, tied to the conclusions of 
the research study, the compromise resolves perhaps the key concern 
over the timing of, and the process for, changing the definition of 
what constitutes ``dolphin-safe'' when that term is employed to label 
tuna products.
  What this debate was and is about is the impact that fishing for 
yellowfin tuna in the eastern tropical Pacific Ocean [ETP] has had on 
the two depleted dolphin stocks placed at risk as a result of this 
fishing effort: the eastern spinner and northeastern offshore spotted 
dolphins. The authors of legislation that established the dolphin-safe 
label--Senators Boxer and Biden--intended the label as one method to 
bring attention to the plight of these quickly declining dolphin stocks 
due to the unsafe fishing practices of catching yellowfin tuna by 
setting nets on dolphins that swim with tuna.
  Since the creation of the label and the embargo of tuna products from 
countries that do not use the dolphin-safe fishing methods, dolphin 
mortality has dropped significantly. This decline in mortality has been 
attributed to the attention that the United States brought to this 
issue through the dolphin-safe label, and to the efforts of nations 
which participate in the dolphin conservation program under the La 
Jolla agreement of 1992.
  I think there is consensus that the La Jolla agreement and its 
successor agreement, the Panama Declaration, are very important to 
dolphin conservation. That is why I and Senators Boxer and Biden and 
others have continued to struggle to reach a compromise on this 
legislation which will move the Panama Declaration further along the 
path to creating an international treaty on dolphin protection.
  The outstanding concern with the bill originally reported by the 
Commerce Committee was that it altered the international conservation 
regime, before the safety of those alterations were scientifically 
known to be safe for depleted dolphin stocks. This concern applied 
particularly to changing the definition of the dolphin-safe label as 
required by the Panama Declaration. In my judgement, a decision to 
change the criteria for use of the dolphin-safe label could only be 
made responsibly after the U.S. Government would authoritatively answer 
the question, ``What is the current health and abundance of these two 
dolphin stocks?''
  We know that 10 years ago over 80,000 dolphins were killed each year 
in the ETP through the practice of setting on dolphins to catch giant 
yellowfin tuna. While the Technique has been modified, the practice 
still exists today.
  The National Marine Fisheries Service, our Government agency charged 
with fisheries research and regulation, has not conducted a dolphin 
population study since 1987.
  Proponents of the bill as reported by committee claim that empirical 
data provided by the Inter-American Tropical Tuna Commission [IATTC] 
provides enough information for them to feel comfortable that the 
dolphin stocks are safe and that no further study is needed. They 
conclude that IATTC observer data indicate that dolphin populations are 
either stable or increasing and that, taking into account the added 
number of boats fishing in the ETP since 1988, dolphin recovery is 
suggested.


                         bycatch versus dolphin

  Supporters of S. 39 argue that, from a broader conservation 
perspective, catching yellowfin tuna by methods other than setting on 
dolphin results in the higher catch levels of juvenile yellowfin and 
bycatch including sea turtles, sharks, and marlin. I share their 
conservation concerns about bycatch and I support the bycatch reduction 
program added to S. 39.
  However, I don't believe that we should address the bycatch problem 
at the expense of the two depleted dolphin stocks at risk in the ETP. 
That is why I have pushed so hard to ensure that

[[Page S8302]]

any changes made to Federal law regarding fishing agreements that 
impact these two dolphin stocks must be based on sound scientific 
knowledge regarding the dolphin populations. If we all could agree that 
the dolphin stocks are recovering and that the new fishing practices 
developed over that last 10 years are now safe for dolphins, then there 
would be agreement on lifting the embargo and revisiting the precept of 
the dolphin-safe label. The dolphin research study included in this 
compromise will provide the necessary knowledge to support or refute 
this conclusion.


                     history of tuna-dolphin debate

  I would like to briefly describe the history of dolphin conservation 
and why this compromise is so important to it continued success. Since 
the enactment of the Marine Mammal Protection Act in 1972 there has 
been a dramatic decrease in the dolphin deaths from American fishing 
practices. However, in the early years of the MMPA, foreign nations had 
become a far more serious source of dolphin mortality. During the 
1980's amendments to the MMPA required foreign nations to accept 
dolphin protection requirements comparable to those imposed on U.S. 
tuna fishermen, or become subject to a U.S. ban on tuna imports. Those 
protections include a ban on encircling dolphin using purse seine nets 
when fishing in the eastern tropical Pacific Ocean [ETP].

  In 1990, following a voluntary prohibition on the purchase of tuna 
caught in association with dolphin by canned tuna companies, the U.S. 
implemented legislation to require a dolphin-safe tuna label which 
remains in use-today. The labeling law specifies that tuna caught in 
driftnets could not qualify as dolphin safe. That same year, the United 
States embargoed tuna imports from Mexico, Venezuela, and Vanuatu for 
failure to meet the MMPA requirements.
  In 1992, the MMPA was further amended by the International Dolphin 
Conservation Act, giving the Secretary of State authority to enter into 
international agreements to establish a global moratorium on the 
practice of setting nets on dolphins and established a dolphin-safe 
market in the United States in 1994.
  In 1992, the Inter-American Tropical Tuna Commission [IATTC] adopted 
a voluntary international agreement--the La Jolla agreement--
establishing a multilateral program to reduce dolphin mortalities in 
the ETP. This agreement contains the goal of reducing dolphin deaths to 
less than 5,000 annually. Currently, 11 nations including the United 
States, participate in this voluntary program. While Mexico had been a 
participant in the program, they recently announced that they were 
suspending their formal participation in the voluntary program.
  During the summer of 1995, five environmental groups and six Latin 
American nations negotiated the Panama Declaration, a new initiative to 
strengthen the IATTC dolphin protection program in exchange for 
eliminating the current United States ban on tuna that is not dolphin 
safe.
  This brings us to today, where our efforts are focused on enacting 
the necessary legislation for implementing the Panama Declaration, and 
the requirements that we revise United States dolphin protections laws.
  Thanks to the efforts of so many Senators, their staffs and others, 
the bill we are about to vote on now includes: a label change provision 
that accommodates our international obligations as laid out in the 
Panama Declaration, while providing enhanced protection for dolphins, 
and sound science for future conservation efforts.
  The compromise reflected in S. 39 as amended, provides for a $12 
million over 3 years to fully fund a study on the practice of chase and 
encirclement and its impact on depleted dolphin stocks. The bill 
requires a preliminary finding on the results of this study to be made 
in March, 1999. Unless the Secretary of Commerce finds that intentional 
encirclement has a significant adverse impact on depleted dolphin 
stocks, then the definition of the ``dolphin-safe'' label immediately 
changes to allow for the encirclement of dolphin--as long as no dolphin 
were killed or seriously injured in the process--as a legitimate 
fishing practice in the eastern tropical Pacific Ocean. Conversely, if 
the Secretary of Commerce finds that intentional encirclement does not 
have a significant adverse impact on depleted stocks, then the dolphin-
safe label does not change at that time.

  This compromise provides, further, for a second and final finding to 
be made by the Secretary of Commerce at the conclusion of the 3-year 
study, between July 2001 and December 2002, as to whether or not the 
intentional encirclement of dolphins has a significant adverse impact 
on depleted dolphin stocks or is preventing the recovery of such 
stocks. The Secretary of Commerce shall use the same threshold for this 
second determination.
  In closing, Mr. President, this compromise is an important step 
forward for both continued dolphin protection and enhanced ecosystem 
protection. The agreement we reached accommodates our international 
obligations as laid out in the Panama Declaration, while providing 
enhanced protection for dolphins, and sound science for future 
conservation efforts. This bill also continues to protect consumers by 
maintaining the dolphin-safe standards. S. 39 represents a serious, 
well-vetted effort to bridge legitimate differences on how best to 
protection dolphins. I, therefore, encourage my colleagues to vote for 
its swift passage.
  I ask unanimous consent that a letter from Kathleen McGinty at the 
White House be printed in the Record.
  There being no objection, the letter was ordered to be printed in the 
Record, as follows:

         Executive Office of the President, Council on 
           Environmental Quality,
                                    Washington, DC, July 29, 1997.
     Hon. Ted Stevens
     Chairman, Committee on Appropriations, U.S. Senate, 
         Washington, DC.
       Dear Mr. Chairman: As you know, members of the Senate and 
     the Administration have reached a compromise on S. 39, the 
     International Dolphin Conservation Act. A key component of 
     this compromise is a comprehensive dolphin population 
     abundance study and stress study to be undertaken by the 
     National Marine Fisheries Service commencing in Fiscal Year 
     1998 and continuing through Fiscal Years 1999, 2000, and 
     2001. The Administration strongly supports this study and 
     will work with Congress to obtain the necessary funding to 
     initiate it in 1998. To ensure that the study achieves its 
     scientific objectives, as laid out in the compromise, the 
     Administration will seek the funds necessary to continue the 
     study in Fiscal Years 1999 and 2000 and to complete it in 
     Fiscal Year 2001.
           Sincerely,
                                              Kathleen A. McGinty,
                                                            Chair.

  Mr. KERRY. Mr. President, I yield to the Senator from California 5 
minutes.
  The PRESIDING OFFICER. The Senator from California is recognized for 
5 minutes.
  Mrs. BOXER. Thank you very much, Mr. President. I thank Senator 
Kerry, and I will say more about him in a moment.
  Mr. President, we have travelled a very difficult route to get to 
this day. There are so many people I wish to thank. I will start off by 
thanking my colleagues, Senator Joe Biden and Senator Bob Smith, for 
their constant support over the last several years on this issue. 
Senator Biden was the Senate author of the 1990 dolphin-safe label law 
that I authored in the House at that time. Senator Smith has, time and 
time again, proven that he is a champion of dolphin protection. Getting 
this compromise worked out has been very difficult--and Senator John 
Kerry was a master negotiator. When many of us on all sides of the 
issue thought we would never reach agreement, he stuck with it. We are 
here today in great part due to the dedication of Senator Kerry. He 
knows this issue, he was persistent, and he never quit.
  I also thank Senator Hollings, the distinguished ranking member of 
the Commerce Committee, for his leadership and, of course, Senator John 
McCain, the chair of the committee, for coming to the table, as well as 
Senator Snowe, Senator Stevens and Senator Breaux.
  One more thank you, Mr. President, to the 45 Senators from both sides 
of the aisle who stood with us in this fight. The only reason we got 
here today is they refused to vote for cloture on this bill. They made 
promises on it to their constituents, and they kept those promises. I 
feel, I have to say, that without them, we would not be here either. 
Senator Daschle, the Democratic leader, stood with us the entire time.

[[Page S8303]]

  I think we have saved dolphin lives as a result of this compromise, 
and we have protected American consumers.
  Mr. President, the whole argument over this bill really revolved 
around one issue: What is the definition of ``dolphin safe''? In 1990, 
we decided that if you want to get a dolphin-safe label, you have to 
fish for tuna in such a way as to not harm the dolphin. That is, you 
may not chase or encircle dolphin with purse seine nets on that fishing 
trip. There are those who believe there are new ways to use the purse 
seine nets that no longer harm the dolphin.
  Many of us believe there is no proof of that. Senator Biden and I, 
Senator Smith, the other Senators, and 85 environmental and consumer 
groups said we can't change the definition until we have a scientific 
study that tells us it is safe for dolphins. That is what this debate 
is all about.
  Eleven countries put tremendous pressure on this Government to change 
the definition of ``dolphin safe'' before there was even a study. We 
believed that our position was the right position; there should be a 
study.
  We did have to give on this. We wanted a 3-year study, and we did not 
want any change in the label until that 3-year study was analyzed. We 
did not win that point.
  Essentially, the way the compromise works, in 18 months when the 
preliminary results come in on the study, if--if--the Secretary of 
Commerce believes that those preliminary results indicate that chasing 
and setting nets on dolphins is safe for dolphins then the definition 
of ``dolphin safe,'' will be changed. And if the study does not show 
that, the bill we are passing today says we will have no change in the 
definition.
  So, yes, this is clearly a compromise. We have won 18 months of the 
status quo; 18 months when consumers know that the dolphin-safe label 
means just that, and after that, we will live to see the preliminary 
results of that study, I hope, and we can have a new debate at that 
time. But this is what compromise is all about.
  I want to make one further statement, Mr. President, because there is 
a disturbing element in all of this to me, and it doesn't just come 
into being with respect to this issue; it is an overall issue. And that 
is, I have a very straightforward opinion that American laws should be 
made by Americans; that, in fact, our environmental laws, all of our 
laws, our labor laws, ought to be made by the people who are sent here 
to fight out those issues. American laws should not be made by other 
countries.
  I was disturbed in the course of this debate that, in fact, there was 
tremendous influence from other countries. I think there are many 
Senators who feel that is appropriate, and I think this debate shall 
continue, but we have a very good law on the books and I am proud to 
say it is going to stand for 18 months.
  I look forward to making sure that the bill we are passing today 
comes back after conference in just this format, and it can be signed 
into law. Thank you very much, Mr. President. I reserve my side's time.
  The PRESIDING OFFICER. The Senator's time has expired. Who yields 
time?
  Mr. KERRY addressed the Chair.
  The PRESIDING OFFICER. The Senator from Massachusetts is recognized 
for 3 minutes 18 seconds.
  Mr. KERRY. Mr. President, I thank the Senator from California, and I 
thank her particularly for her comments about me. I am very 
appreciative of that. I thank her for her extraordinary tenacity in 
this effort and willingness to fight for what she believes in, which 
she did.
  I also want to emphasize that I believe this was a fair compromise 
arrived at by a lot of people who wanted to do what was in the best 
interest. I thank Senator Snowe and Senator McCain for their patience 
in this effort. It was trying at times and sometimes there were some 
difficulties along the way. They have been very gracious and very 
decent in arriving at this. I think a compromise is a compromise. 
Everybody agrees to settle, and they do so because it is in the best 
interests ultimately of the issue, and that is what has happened here.
  I yield back the remainder of my time.
  The PRESIDING OFFICER. The Senator from Maine.
  Ms. SNOWE. Mr. President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The yeas and nays were ordered.


                           Amendment No. 1045

    (Purpose: To make changes in the bill as reported by committee)

  Ms. SNOWE. Mr. President, I send an amendment to the desk.
  The PRESIDING OFFICER. The clerk will report.
  The bill clerk read as follows:

       The Senator from Maine [Ms. Snowe], for herself, Mr. 
     Breaux, Mr. Stevens, and Mr. McCain, proposes an amendment 
     numbered 1045.

  Mr. KERRY. Mr. President, I ask unanimous consent that the reading of 
the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The text of the amendment is printed in today's Record under 
``Amendments Submitted.'')
  The PRESIDING OFFICER. The question is on agreeing to the amendment.
  The amendment (No. 1045) was agreed to.
  Mr. KERRY. Mr. President, I move to reconsider the vote by which the 
amendment was agreed to.
  Mrs. BOXER. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. BREAUX. Mr. President, I would like to engage the bill managers 
and Senator Stevens in a colloquy.
  As a chief cosponsor of S. 39, my understanding is that the 
appropriate standard of judicial review that would apply to the 
Secretarial findings in section 5 on whether dolphin encirclement is 
having a significant adverse impact on dolphin stocks in the standard 
under the Administrative Procedures Act. Is that the understanding of 
the bill managers and the sponsor of the bill?
  Ms. SNOWE. Yes, the Senator is correct on that point. The Secretarial 
determinations to which you refer are included in S. 39 as an amendment 
to the Dolphin Consumer Protection Information Act. That act does not 
specify any alternative standard of review, and therefore the standard 
under the Administrative Procedures Act would apply. Furthermore, the 
bill managers intend that such standard will apply to the Secretarial 
findings in section 5 of S. 39. this standard involves a review of the 
administrative record, and a determination of whether the Secretary 
acted in an arbitrary and capricious manner.
  Mr. STEVENS. I concur with Senator Snowe. As the original sponsor of 
the bill, it is my intent that the Secretarial findings in section 5 be 
subject only to the scope of judicial review in the Administrative 
Procedures Act. That is clearly the appropriate standard, and I think 
we all agree on that.
  Mr. KERRY. I concur with Senator Snowe and Senator Stevens on this 
point.
  Mr. BREAUX. I thank the Senators for clarifying that point.
  Mr. CHAFEE. Mr. President, I commend the efforts of the Senator from 
Alaska Senator Stevens, and the Senator from Maine Senator Snowe, for 
bringing this much-needed legislation to the floor. It has been nearly 
2 years since legislation was first introduced in the Senate to 
implement the Panama Declaration, an international agreement which will 
promote marine conservation in the Pacific Ocean. I recognize that the 
opponents of this measure have strong convictions, and am pleased that 
the two sides were able to work out a compromise that, most 
importantly, is consistent with the international agreement which the 
United States signed.
  Let me first state my view that eliminating dolphin mortality must 
remain a top priority as the Senate considers this bill. Like so many 
Americans, I will not soon forget the tragedy that occurred in the 
1970's, when hundreds of thousands of dolphins were killed annually 
from tuna fishing in the Eastern Tropical Pacific [ETP]. In 1972 alone, 
more than 420,000 dolphins were killed there. While we can all applaud 
the tremendous progress that has been made in reducing dolphin 
mortality in recent years, Congress must be vigilant in working toward 
complete elimination.

[[Page S8304]]

  But dolphins are not the only species adversely impacted by tuna 
fishing in the Eastern Tropical Pacific, sometimes called ETP. New 
fishing methods have resulted in significant bycatch of nondolphin 
species, including juvenile tuna. These other marine species in this 
ecosystem must also be protected, and legislation should address this 
larger goal.
  The question before the Senate today is how do we best achieve 
sustained conservation in the ETP tuna fishery? We must first 
acknowledge that much progress has been made in reducing dolphin 
mortality through new fishing techniques such as the back down 
procedure. Through this technique, the back edge of the purse seine 
fishing net sinks below the surface, allowing dolphins to swim out. In 
1996, dolphin mortality in the ETP is currently estimated at a record 
low of less than 3,000, down from record highs of more than 400,000 in 
the 1970's. That's a 99-percent reduction.
  International cooperation in conserving this resource, particularly 
through the voluntary measures of the La Jolla agreement of 1992, has 
also been a primary factor in achieving this great success. Among other 
things, this landmark agreement, which was signed by 10 nations, 
established strict dolphin mortality limits and required observers to 
be present aboard tuna fishing boats in the ETP.
  In order to continue this tremendous progress, the United States must 
continue to work with our neighbors on multilateral efforts to conserve 
this resource. This involves enacting the legislation before the Senate 
today, S. 39, which implements the Panama Declaration.
  Contrary to much of what has been said in the 2 years since it was 
signed, the Panama Declaration represents the best in international 
conservation. It would retain--and in many cases, enhance--the 
provisions of the La Jolla agreement that have been so successful in 
reducing dolphin mortality and protecting the tuna fishery. Let me be 
clear: the Panama Declaration will not threaten the dolphin population 
in the Eastern Tropical Pacific.
  Unlike the voluntary La Jolla Agreement, the Panama Declaration is 
binding upon its signatories. Among its many stringent requirements are 
reductions in the annual overall limit on dolphin mortalities that were 
established by the La Jolla agreement. These limits include per-stock 
mortality limits to protect all dolphin populations.
  The Panama Declaration also increases enforcement and monitoring 
efforts to protect dolphins, including mandatory observers on all tuna 
fishing vessels. In addition, it sets as an agreed goal the elimination 
of all dolphin mortality in the ETP tuna fishery. And the Panama 
Declaration has teeth: if foreign nations do not comply, then the 
United States can reimpose our tuna embargo.
  Opponents of S. 39 have been concerned over its change in the 
definition of dolphin safe, as mandated by the Panama Declaration. It 
is important to note that the new definition of dolphin safe is not 
weaker than current law. Let me explain.
  When the current definition was adopted in 1990, the dolphin safe 
label was intended to prevent the import of tuna into the United States 
that were caught by encircling dolphins. This definition made good 
sense in 1990 since, historically, fishing methods that encircled 
dolphins caused high mortality rates. But as I've stated, recent 
modifications to the encirclement method of tuna fishing have resulted 
in reduced dolphin mortality.
  A more sensible definition of dolphin safe should mean no dolphins 
were killed during the tuna fishing, rather than no dolphins were 
encircled. Under the new definition, if even one dolphin is killed in 
the process, that tuna cannot be labeled dolphin safe. Proponents of 
the old definition want truth in labeling. I agree with this. But, 
don't consumers expect that dolphin safe means no dolphins were killed? 
The Panama Declaration and S. 39 would do just that.
  In any event, so as to be absolutely sure that these new encirclement 
techniques do not adversely affect dolphin stocks in the ETP, the 
compromise before us today delays the label change until NOAA conducts 
a preliminary survey of these stocks. This slight delay should not 
threaten United States participation in the Panama Declaration, 
allowing its strong conservation requirements to be implemented.
  The Panama Declaration also recognizes the importance of protecting 
nondolphin marine life in the ETP that has been harmed by tuna fishing. 
The controversy over dolphin mortality has encouraged tuna fishermen to 
utilize alternative methods to encirclement--namely school sets and log 
sets. These techniques, while more protective of dolphins, are well 
known to cause destruction of nondolphin marine life, including sea 
turtles, billfish, sharks, and juvenile yellowfin tuna.
  NOAA scientists have warned repeatedly that the high bycatch of 
juvenile tuna, associated with these two fishing methods, might 
actually imperial tuna stocks in the future--to say nothing of their 
impact on other species. As envisioned by the Panama Declaration, S. 39 
requires the United States to implement a program to reduce bycatch of 
all marine life in the ETP, not just dolphins.
  Mr. President, today the United States confronts a choice that must 
be made soon on how best to conserve marine life in the Pacific Ocean. 
Negotiators have worked out a compromise that will allow the United 
States to choose the best option. This option entails joining our 
neighbors in implementing a binding, carefully crafted international 
agreement that includes strong mandates that will protect dolphins and 
other species.
  Another option involved going it alone, sacrificing what little 
leverage we have in an increasingly foreign fishery. Keep in mind that 
the ETP is completely outside the jurisdiction of the United States. We 
cannot simply go in and tell others how to fish.
  Instead, our best chance of promoting conservation is through a 
multilateral, rather than a unilateral, forum. But other signatories to 
the Panama Declaration will not wait forever while the United States 
Congress continues to debate this issue. The time to act is now.
  If we had chosen to go it alone, dolphins would not necessarily have 
been saved. Indeed, more dolphins may well be killed if the United 
States rejects the Panama Declaration, as fishermen will likely abandon 
the voluntary provisions of the La Jolla agreement. What incentive 
would these fishermen have to conserve if the largest consumer of tuna 
maintains an embargo on their product and refuses to participate in 
international conservation efforts?
  Because the Panama Declaration offers the best hope for marine 
conservation in the ETP, S. 39 has been endorsed by Greenpeace, 
National Wildlife Federation, Center for Marine Conservation, 
Environmental Defense Fund, and World Wildlife Fund. These groups 
recognize the merits of this multilateral approach.
  I again commend the tireless efforts of the authors of this 
legislation, and urge my colleagues to support S. 39.
  Mr. HOLLINGS. Mr. President, the manager's amendment before us today 
is the product of many hours of work on the part of a number of my 
colleagues. I would like to express my personal appreciation to my 
friend, the chairman of the Commerce Committee, Senator McCain, and the 
chair of the Subcommittee on Oceans and Fisheries, Senator Snowe, for 
their personal efforts and willingness to delay consideration of this 
legislation until interested parties could work out an agreement.
  In addition, I particularly would like to acknowledge the effort of 
the ranking Democrat on the subcommittee, Senator Kerry for his 
commitment to reaching a compromise. The Senator from Massachusetts 
made the mistake at our hearing on this legislation of volunteering to 
find a middle ground between the proponents and opponents of S. 39. 
Since that time, he has spent hours listening to and trying to 
accommodate the concerns of all sides in this contentious issue. 
Without his tireless effort, we would not be standing here today.
  My own interest in this legislation has always been: to ensure sound 
conservation of marine mammals; to provide consumers with the 
information they need when purchasing tuna; and to ensure U.S. tuna 
fishermen a level playing field on which to compete.

[[Page S8305]]

  The bill before us now is a far better bill. It addresses many of the 
concerns of Senators Boxer and Biden as well as others. These two 
Senators have been leaders in the area of dolphin protection--they 
wrote the dolphin-safe labeling law and have legitimate concerns about 
changing the dolphin-safe label without the scientific research to 
ensure that the tuna fishing methods allowed by S. 39 are safe for 
dolpins. The compromise before us today ensures that there will be a 
study of the effect of chasing and encircling dolpins and bases a 
change in the meaning of ``dolphin safe'' on the results of that study.
  Furthermore, the compromise addresses the concerns of Senator Inouye. 
It allows alternative labels on tuna but makes sure that the claims on 
those labels are true and can be verified.
  Again, I thank the primary sponsors of the bill, Senators Stevens and 
Breaux, and all of the parties who worked on the manager's amendment 
for their efforts to improve this legislation.
  Mr. THURMOND. Mr. President, when the President signs the 
International Dolphin Conservation Program Act, the United States will 
have joined the rest of the tuna-fishing nations in the Eastern Pacific 
in pledging that, in the future, no dolphins will be killed in the 
harvesting of tuna. Further, the transition to better fishing methods 
will result in a significant reduction in by-catch waste in that 
portion of the ocean. This is a remarkable achievement.
  My colleagues from Alaska and Louisiana, Senators Stevens and Breaux, 
have pressed on for 2 years to see that this agreement is ratified. 
Their perseverance should be recognized and appreciated. Finally, this 
bill would likely have never become law had the subcommittee chairman, 
Senator Snowe, not gathered the various parties to work out a 
compromise that would assure passage of this implementing legislation. 
She is to be commended for her skill and stamina in seeing this measure 
to its successful conclusion.
  I yield the floor.
  Mr. BIDEN. Mr. President, I am pleased to rise in support of the 
compromise amendment to S. 39--the so-called tuna-dolphin bill.
  In forging this bipartisan agreement, we have struck a proper balance 
between resolving the market access problems now faced by other 
countries and keeping the faith with American consumers. It is a fair 
deal.
  In short, the bill implements an international dolphin protection 
regime--known as the Panama Declaration--while maintaining the current 
dolphin-safe label during the pendency of a study on the impacts on 
dolphins from purse net tuna fishing.
  In March 1999--after scientists have preliminary determined whether 
purse net tuna fishing harms dolphin stocks--the Secretary of Commerce 
is to make a determination as to the appropriate dolphin-safe label, 
whether that be the current one that Senator Boxer and I wrote into law 
in 1990, or another protective version. This decision will be reviewed 
in the year 2001.
  Also included in the bill are provisions requiring Latin and South 
American countries tuna fishing the Eastern Tropical Pacific Ocean to 
enroll in an expanded dolphin protection program, which includes on-
board observers. This will enable us to lock-in and improve upon the 
tremendous gains that we have already made in decreasing dolphin 
mortalities.
  This amendment represents a compromise on process, not a cave-in on 
principles. Again, we retain for every letter of the current dolphin-
safe label. In 2 years' time the question will be if the label should 
be changed--not when it should be changed.
  I would also note that I do have some reservations regarding the 
adequacy of the data that will form the basis of the March 1999 label 
review. Only one population survey will be available at that time; this 
will not be an abundance of information upon which to make an informed 
and unbiased decision. I urge the Secretary of Commerce to err on the 
side of caution during the preliminary review and not make science 
conform to political will.
  I would like to recognize and publicly thank my colleagues who worked 
so hard in crafting this agreement, particularly Senator Boxer, Senator 
Kerry, Senator Breaux, Senator Snowe, Senator McCain, and Senator 
Stevens. Each spent a great deal of personal time trying to bridge the 
gap in this debate, and I am grateful for their efforts.
  In closing, this agreement continues to protect dolphins while 
keeping our faith with the American people. It is environmentally and 
economically the right thing to do, and I urge its passage.


                      Funding for Dolphin Research

  Mr. STEVENS. Mr. President, an agreement has been reached to address 
concerns with S. 39, the International Dolphin Conservation Program 
Act. The agreement is contained in the manager's amendment to S. 39 
offered by Senator Snowe. Under the agreement, the Secretary of 
Commerce is required to conduct a multi-year study on dolphin and 
dolphin stocks taken incidentally in the eastern tropical Pacific Ocean 
(ETP) purse seine fishery. The Secretary will use the information from 
this study to make two separate findings that will determine whether or 
not tuna caught in the ETP by intentionally encircling dolphins can be 
labeled as dolphin safe in the United States. Senator Snowe's amendment 
authorizes appropriations of $4 million in fiscal year 1998, $3 million 
in fiscal year 1999, $4 million in fiscal year 2000, and $1 million in 
fiscal year 2001 to complete the study. These amounts are based on 
National Marine Fisheries Service estimates for the costs for the 
study. I have received a letter from the White House indicating that 
the administration will request funds for the study in fiscal years 
1999, 2000, and 2001. If the administration follows through on its 
commitment to request these funds, I will do everything I can to ensure 
they are appropriated.
  Mr. BYRD. Mr. President, I am supportive of the effort to appropriate 
the funds necessary for the study outlined in the manager's amendment 
to S. 39, beginning in fiscal year 1998. In fact, it is my 
understanding that the manager's amendment is written so that a number 
of sections in S. 39 will become effective only after funding for the 
first year of the study has been provided. It is clear to me that full 
funding for this research is a critical element of the agreement on S. 
39.
  Mr. GREGG. Recognizing the importance of this study to the compromise 
reached on S. 39, funds were added to the fiscal year 1998 Commerce, 
Justice, State appropriations bill in the Senate to complete the first 
year of work. We will work together to protect this appropriation in 
conference. I, too, encourage the administration to follow through on 
its commitment to include the funds for fiscal year 1999, 2000, and 
2001 in its budget requests, and will work to include the funds in 
appropriations if they are requested.
  Mr. HOLLINGS. Mr. President, I join my colleagues in supporting 
appropriations for the completion of the dolphin study. The manager's 
amendment to S. 39 developed by the Commerce Committee is written so 
that most of the operative provisions of bill will become effective 
only if funding for the fist year of the study has been provided. The 
White House has expressed support for the appropriation mentioned by 
Senator Gregg for fiscal year 1998, and has indicated that funding will 
be requested to complete the study in fiscal year 1999, 2000, and 2001. 
Together with Senators Stevens, Byrd, and Gregg, I support the fiscal 
year 1998 appropriation for the first year of the study, and will 
support funds in years to come to complete the study.
  Mr. DASCHLE addressed the Chair.
  The PRESIDING OFFICER (Mr. Hutchinson). The Democratic leader.
  Mr. DASCHLE. Mr. President, I appreciate very much your recognizing 
me prior to the time we go to third reading. I will be very brief. I am 
not sure we have any time left. If we don't, I will just use leader 
time.
  I just want to say how much I appreciate the effort made by the 
Senators who are on the floor to bring us to this point. This has been 
a 2-year-long debate. Obviously, there have been good intentions on 
both sides, and negotiations have resulted in a compromise that brings 
us to a point that will allow us to address this issue in a meaningful 
way.
  I congratulate the administration and those who worked with us to 
accomplish this within the administration. But I particularly want to 
thank

[[Page S8306]]

Senators Boxer and Biden who pioneered the establishment of the dolphin 
safe label all the way back to 1990, who recognized the importance of 
this issue and dedicated themselves to solving it as they did back 
then.
  I thank Senator Hollings, the ranking member of the Commerce 
Committee, Senator Snowe, the chair of the Oceans and Fisheries 
Subcommittee, for her work, Senator McCain, Senator Stevens, and 
Senator Breaux, who developed and introduced the legislation to 
implement the Panama Declaration, and perhaps a special thanks goes to 
Senator John Kerry, the ranking member of the Oceans and Fisheries 
Subcommittee whose patience and guidance and leadership was critical to 
bringing all sides together in reaching this agreement.
  So this is a very good moment for us. It is another opportunity to 
demonstrate the commitment that we have in working together to face 
these serious questions in a meaningful way. So, to all of those 
involved, especially Senators Boxer, Biden, and Kerry, my thanks. I 
hope we can address this matter now by an overwhelming vote here in the 
Senate.
  I yield the floor.
  The PRESIDING OFFICER. The question is on agreeing to the committee 
amendment in the nature of a substitute, as amended.
  The committee amendment in the nature of a substitute, as amended, 
was agreed to.
  The PRESIDING OFFICER. The question is on the engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed for a third reading, and was 
read the third time.
  The PRESIDING OFFICER. The bill having been read the third time, the 
question is, Shall the bill pass? The yeas and nays have been ordered. 
The clerk will call the roll.
  The bill clerk called the roll.
  Mr. NICKLES. I announce that the Senator from North Carolina [Mr. 
Faircloth] is necessarily absent.
  The result was announced--yeas 99, nays 0, as follows:

                      [Rollcall Vote No. 207 Leg.]

                                YEAS--99

     Abraham
     Akaka
     Allard
     Ashcroft
     Baucus
     Bennett
     Biden
     Bingaman
     Bond
     Boxer
     Breaux
     Brownback
     Bryan
     Bumpers
     Burns
     Byrd
     Campbell
     Chafee
     Cleland
     Coats
     Cochran
     Collins
     Conrad
     Coverdell
     Craig
     D'Amato
     Daschle
     DeWine
     Dodd
     Domenici
     Dorgan
     Durbin
     Enzi
     Feingold
     Feinstein
     Ford
     Frist
     Glenn
     Gorton
     Graham
     Gramm
     Grams
     Grassley
     Gregg
     Hagel
     Harkin
     Hatch
     Helms
     Hollings
     Hutchinson
     Hutchison
     Inhofe
     Inouye
     Jeffords
     Johnson
     Kempthorne
     Kennedy
     Kerrey
     Kerry
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lott
     Lugar
     Mack
     McCain
     McConnell
     Mikulski
     Moseley-Braun
     Moynihan
     Murkowski
     Murray
     Nickles
     Reed
     Reid
     Robb
     Roberts
     Rockefeller
     Roth
     Santorum
     Sarbanes
     Sessions
     Shelby
     Smith (NH)
     Smith (OR)
     Snowe
     Specter
     Stevens
     Thomas
     Thompson
     Thurmond
     Torricelli
     Warner
     Wellstone
     Wyden

                             NOT VOTING--1

       
     Faircloth
       
  The bill (S. 39), as amended, was passed as follows:
       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

[[Page S8307]]

       ``(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.

[[Page S8308]]

       ``(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;

[[Page S8309]]

       ``(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

[[Page S8310]]

     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

[[Page S8311]]

     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.

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