[Congressional Record Volume 143, Number 110 (Wednesday, July 30, 1997)]
[Senate]
[Pages S8368-S8373]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______
                                 

           THE INTERNATIONAL DOLPHIN CONSERVATION PROGRAM ACT

                                 ______
                                 

                 SNOWE (AND OTHERS) AMENDMENT NO. 1045

  Ms. SNOWE (for herself, Mr. Breaux, Mr. Stevens, and Mr. McCain) 
proposed an amendment to the 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; as follows:

       In lieu of the matter proposed to be inserted by the 
     committee amendment, insert 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. PURPOSES AND FINDINGS.

       (a) Purposes.--The purposes of this Act are--
       (1) to give effect to the Declaration of Panama, signed 
     October 4, 1995, by the Governments of Belize, Colombia, 
     Costa Rica, Ecuador, France, Honduras, Mexico, Panama, Spain, 
     the United States of America, Vanuatu, and Venezuela, 
     including the establishment of the International Dolphin 
     Conservation Program, relating to the protection of dolphins 
     and other species, and the conservation and management of 
     tuna in the eastern tropical Pacific Ocean;
       (2) to recognize that nations fishing for tuna in the 
     eastern tropical Pacific Ocean have achieved significant 
     reductions in dolphin mortality associated with that fishery; 
     and
       (3) to eliminate the ban on imports of tuna from those 
     nations that are in compliance with the International Dolphin 
     Conservation Program.
       (b) Findings.--The Congress finds that--
       (1) the nations that fish for tuna in the eastern tropical 
     Pacific Ocean have achieved significant reductions in dolphin 
     mortality associated with the purse seine fishery from 
     hundreds of thousands annually to fewer than 5,000 annually;
       (2) the provisions of the Marine Mammal Protection Act of 
     1972 that impose a ban on imports from nations that fish for 
     tuna in the eastern tropical Pacific Ocean have served as an 
     incentive to reduce dolphin mortalities;
       (3) tuna canners and processors of the United States have 
     led the canning and processing industry in promoting a 
     dolphin-safe tuna market; and
       (4) 12 signatory nations to the Declaration of Panama, 
     including the United States, agreed under that Declaration to 
     require that the total annual dolphin mortality in the purse 
     seine fishery for yellowfin tuna in the eastern tropical 
     Pacific Ocean not exceed 5,000 animals, with the objective of 
     progressively reducing dolphin mortality to a level 
     approaching zero through the setting of annual limits and 
     with the goal of eliminating dolphin mortality.

     SEC. 3. DEFINITIONS.

       Section 3 (16 U.S.C. 1362) is amended by adding at the end 
     the following new paragraphs:
       ``(28) The term `International Dolphin Conservation 
     Program' means the international program established by the 
     agreement signed in LaJolla, California, in June, 1992, as 
     formalized, modified, and enhanced in accordance with the 
     Declaration of Panama.
       ``(29) The term `Declaration of Panama' means the 
     declaration signed in Panama City, Republic of Panama, on 
     October 4, 1995.''.

     SEC. 4. AMENDMENTS TO TITLE I.

       (a) Exceptions to Moratorium.--Section 101(a)(2) (16 U.S.C. 
     1371(a)(2)) is amended--
       (1) by inserting after the first sentence ``Such 
     authorizations may be granted under title III with respect to 
     purse seine fishing for yellowfin tuna in the eastern 
     tropical Pacific Ocean, subject to regulations prescribed 
     under that title by the Secretary without regard to section 
     103.''; and
       (2) by striking the semicolon in the second sentence and 
     all that follows through ``practicable''.
       (b) Documentation Required.--Section 101(a)(2) (16 U.S.C. 
     1371(a)(2)) is further amended--
       (1) by striking subparagraph (B) and inserting the 
     following:
       ``(B) in the case of yellowfin tuna harvested with purse 
     seine nets in the eastern tropical Pacific Ocean, and 
     products therefrom, to be exported to the United States, 
     shall require that the government of the exporting nation 
     provide documentary evidence that--
       ``(i)(I) the tuna or products therefrom were not banned 
     from importation under this paragraph before the effective 
     date of section 4 of the International Dolphin Conservation 
     Program Act; or
       ``(II) the tuna or products therefrom were harvested after 
     the effective date of section 4 of the International Dolphin 
     Conservation Program Act by vessels of a nation which 
     participates in the International Dolphin Conservation 
     Program, and such harvesting nation is either a member of the 
     Inter-American Tropical Tuna Commission or has initiated (and 
     within 6 months thereafter completed) all steps required of 
     applicant nations, in accordance with article V, paragraph 3 
     of the Convention establishing the Inter-American Tropical 
     Tuna Commission, to become a member of that organization;
       ``(ii) such nation is meeting the obligations of the 
     International Dolphin Conservation Program and the 
     obligations of membership in the Inter-American Tropical Tuna 
     Commission, including all financial obligations; and
       ``(iii) the total dolphin mortality limits, and per-stock 
     per-year dolphin mortality limits permitted for that nation's 
     vessels under the International Dolphin Conservation Program 
     do not exceed the limits determined for 1997, or for any year 
     thereafter, consistent with the objective of progressively 
     reducing dolphin mortality to a level approaching zero 
     through the setting of annual limits and the goal of 
     eliminating dolphin mortality, and requirements of the 
     International Dolphin Conservation program;'';
       (2) by redesignating subparagraphs (C), (D), and (E) as 
     subparagraphs (D), (E), and (F), respectively;
       (3) by inserting after subparagraph (B) the following:
       ``(C) shall not accept such documentary evidence if--
       ``(i) the government of the harvesting nation does not 
     provide directly or authorize the Inter-American Tropical 
     Tuna commission to release complete and accurate information 
     to the Secretary in a timely manner--
       ``(I) to allow determination of compliance with the 
     International Dolphin Conservation Program; and
       ``(II) for the purposes of tracking and verifying 
     compliance with the minimum requirements established by the 
     Secretary in regulations promulgated under subsection (f) of 
     the Dolphin Protection Consumer Information Act (16 U.S.C. 
     1385(f)); or
       ``(ii) after taking into consideration such information, 
     funding 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)''.

[[Page S8369]]

       (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 the requirements of section 
     101 of this title, the Secretary may issue an annual permit 
     to a United States purse seine fishing vessel for the taking 
     of such marine mammals, and shall issue regulations to cover 
     the use of any such annual permits.
       ``(2) Such annual permits for the incidental taking of 
     marine mammals in the course of commercial purse seine 
     fishing for yellowfin tuna in the eastern tropical Pacific 
     Ocean shall be governed by section 306 of this Act, subject 
     to the regulations issued pursuant to section 303 of this 
     Act.''
       (e) International Negotiations.--Section 108(a)(2) (16 
     U.S.C. 1378(a)(2)) is amended--
       (1) by striking ``and'' at the end of subparagraph (A);
       (2) by inserting after subparagraph (B) the following:
       ``(C) negotiations to revise the Convention for the 
     Establishment of an Inter-American Tropical Tuna Commission 
     (1 U.S.T. 230; TIAS 2044) which will incorporate--
       ``(i) the conservation and management provisions agreed to 
     by the nations which have signed the Declaration of Panama 
     and in the Straddling Fish Stocks and Highly Migratory 
     Fish Stocks Agreement, as opened for signature on December 
     4, 1995; and
       ``(ii) a revised schedule of annual contributions to the 
     expenses of the Inter-American Tropical Tuna Commission that 
     is equitable to participating nations; and
       ``(D) discussions with those countries participating, or 
     likely to participate, in the International Dolphin 
     Conservation Program, for the purpose of identifying sources 
     of funds needed for research and other measures promoting 
     effective protection of dolphins, other marine species, and 
     the marine ecosystem;''.
       (f) Research Grants.--Section 110(a) (16 U.S.C. 1380(a)) is 
     amended--
       (1) by striking ``(1)'' in paragraph (1); and
       (2) by striking paragraph (2).

     SEC. 5. AMENDMENTS TO DOLPHIN PROTECTION CONSUMER INFORMATION 
                   ACT.

       (a) Labeling Standard.--Subsection (d) of the Dolphin 
     Protection Consumer Information Act (16 U.S.C. 1385(d)) is 
     amended to read as follows:
       ``(d) Labeling Standard.--
       ``(1) It is a violation of section 5 of the Federal Trade 
     Commission Act (15 U.S.C. 45) for any producer, importer, 
     exporter, distributor, or seller of any tuna product that is 
     exported from or offered for sale in the United States to 
     include on the label of that product the term `dolphin safe' 
     or any other term or symbol that falsely claims or suggests 
     that the tuna contained in the product were harvested using a 
     method of fishing that is not harmful to dolphins if the 
     product contains tuna harvested--
       ``(A) on the high seas by a vessel engaged in driftnet 
     fishing;
       ``(B) outside the eastern tropical Pacific Ocean by a 
     vessel using purse seine nets--
       ``(i) in a fishery in which the Secretary has determined 
     that a regular and significant association occurs between 
     dolphins and tuna (similar to the association between 
     dolphins and tuna in the eastern tropical Pacific Ocean), 
     unless such product is accompanied by a written statement, 
     executed by the captain of the vessel and an observer 
     participating in a national or international program 
     acceptable to the Secretary, certifying that no purse seine 
     net was intentionally deployed on or used to encircle 
     dolphins during the particular voyage on which the tuna were 
     caught and no dolphins were killed or seriously injured in 
     the sets in which the tuna were caught; or
       ``(ii) in any other fishery (other than a fishery described 
     in subparagraph (D)) unless the product is accompanied by a 
     written statement executed by the captain of the vessel 
     certifying that no purse seine net was intentionally deployed 
     on or used to encircle dolphins during the particular voyage 
     on which the tuna was harvested;
       ``(C) in the eastern tropical Pacific Ocean by a vessel 
     using a purse seine net unless the tuna meet the requirements 
     for being considered dolphin safe under paragraph (2); or
       ``(D) by a vessel in a fishery other than one described in 
     subparagraph (A), (B), or (C) that is identified by the 
     Secretary as having a regular and significant mortality or 
     serious injury of dolphins, unless such product is 
     accompanied by a written statement executed by the captain of 
     the vessel and an observer participating in a national or 
     international program acceptable to the Secretary that no 
     dolphins were killed or seriously injured in the sets or 
     other gear deployments in which the tuna were caught, 
     provided that the Secretary determines that such an observer 
     statement is necessary.
       ``(2) For purposes of paragraph (1)(C), a tuna product that 
     contains tuna harvested in the eastern tropical Pacific Ocean 
     by a vessel using purse seine nets is dolphin safe if--
       ``(A) the vessel is of a type and size that the Secretary 
     has determined, consistent with the International Dolphin 
     Conservation Program, is not capable of deploying its purse 
     seine nets on or to encircle dolphins; or
       ``(B)(i) the product is accompanied by a written statement 
     executed by the captain providing the certification required 
     under subsection (h);
       ``(ii) the product is accompanied by a written statement 
     executed by--
       ``(I) the Secretary or the Secretary's designee;
       ``(II) a representative of the Inter-American Tropical Tuna 
     Commission; or
       ``(III) an authorized representative of a participating 
     nation whose national program meets the requirements of the 
     International Dolphin Conservation Program,

     which states that there was an observer approved by the 
     International Dolphin Conservation Program on board the 
     vessel during the entire trip and that such observer provided 
     the certification required under subsection (h); and
       ``(iii) the statements referred to in clauses (i) and (ii) 
     are endorsed in writing by each exporter, importer, and 
     processor of the product; and
       ``(C) the written statements and endorsements referred to 
     in subparagraph (B) comply with regulations promulgated by 
     the Secretary which provide for the verification of tuna 
     products as dolphin safe.
       ``(3)(A) The Secretary of Commerce shall develop an 
     official mark that may be used to label tuna products as 
     dolphin safe in accordance with this Act.
       ``(B) A tuna product that bears the dolphin safe mark 
     developed under subparagraph (A) shall not bear any other 
     label or mark that refers to dolphins, porpoises, or marine 
     mammals.
       ``(C) It is a violation of section 5 of the Federal Trade 
     Commission Act (15 U.S.C. 45) to label a tuna product with 
     any label or mark that refers to dolphins, porpoises, or 
     marine mammals other than the mark developed under 
     subparagraph (A) unless--
       ``(i) no dolphins were killed or seriously injured in the 
     sets or other gear deployments in which the tuna were caught;
       ``(ii) the label is supported by a tracking and 
     verification program which is comparable in effectiveness to 
     the program established under subsection (f); and
       ``(iii) the label complies with all applicable labeling, 
     marketing, and advertising laws and regulations of the 
     Federal Trade Commission, including any guidelines for 
     environmental labeling.
       ``(D) If the Secretary determines that the use of a label 
     referred to in subparagraph (C) is substantially undermining 
     the conservation goals of the International Dolphin 
     Conservation Program, the Secretary shall report that 
     determination to the United States Senate Committee on 
     Commerce, Science, and Transportation and the United States 
     House of Representatives Committees on Resources and on 
     Commerce, along with recommendations to correct such 
     problems.
       ``(E) It is a violation of section 5 of the Federal Trade 
     Commission Act (15 U.S.C. 45) willingly and knowingly to use 
     a label referred to in subparagraph (C) in a campaign or 
     effort to mislead or deceive consumers about the level of 
     protection afforded dolphins under the International Dolphin 
     Conservation Program.''.
       (b) Tracking Regulations.--Subsection (f) of the Dolphin 
     Protection Consumer Information Act (16 U.S.C. 1385(f)) is 
     amended to read as follows:
       ``(f) Regulations.--The Secretary, in consultation with the 
     Secretary of the Treasury, shall issue regulations to 
     implement this Act, including regulations to establish a 
     domestic tracking and verification program that provides for 
     the effective tracking of tuna labeled under subsection (d). 
     In the development of these regulations, the Secretary shall 
     establish appropriate procedures for ensuring the 
     confidentiality of proprietary information the submission of 
     which is voluntary or mandatory. The regulations shall 
     address each of the following items:
       ``(1) The use of weight calculation for purposes of 
     tracking tuna caught, landed, processed, and exported.
       ``(2) Additional measures to enhance current observer 
     coverage, including the establishment of criteria for 
     training, and for improving monitoring and reporting 
     capabilities and procedures.
       ``(3) The designation of well location, procedures for 
     sealing holds, procedures for monitoring and certifying both 
     above and below deck, or through equally effective methods, 
     the tracking and verification of tuna labeled under 
     subsection (d).
       ``(4) The reporting, receipt, and database storage of radio 
     and facsimile transmittals from fishing vessels containing 
     information related to the tracking and verification of tuna, 
     and the definition of set.
       ``(5) The shore-based verification and tracking throughout 
     the fishing, transshipment, and canning process by means of 
     Inter-American Tropical Tuna Commission trip records or 
     otherwise.
       ``(6) The use of periodic audits and spot checks for 
     caught, landed, and processed tuna products labeled in 
     accordance with subsection (d).
       ``(7) The provision of timely access to data required under 
     this subsection by the Secretary from harvesting nations to 
     undertake

[[Page S8370]]

     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 by 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 of 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 
     people 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 morality limits and per-stock 
     per-year mortality limits in accordance with the 
     International Dolphin Conservation Program;
       ``(viii) preventing the making of intentional sets on 
     dolphins after reaching either the vessel maximum annual 
     dolphin mortality limits, total dolphin mortality limits, or 
     per-stock per-year mortality limits;
       ``(ix) preventing the fishing on dolphins by a vessel 
     without an assigned vessel dolphin mortality limit;
       ``(x) allowing for the authorization and conduct of 
     experimental fishing operations, under such terms and 
     conditions as the Secretary may prescribe, for the purpose of 
     testing proposed improvements in fishing techniques and 
     equipment that may reduce or eliminate dolphin mortality or 
     serious injury do not require the encirclement of dolphins in 
     the course of commercial yellowfin tuna fishing;
       ``(xi) authorizing fishing within the area covered by the 
     International Dolphin Conservation Program by vessels of the 
     United States without the use of special equipment or nets if 
     the vessel takes an observer and does not internationally 
     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.

[[Page S8371]]

       ``(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 determine, 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 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 Representative Committees on Resources 
     and on Commerce, and to the Inter-American Tropical Tuna 
     Commission.
       ``(b) Other Research.--
       ``(1) In general.--In addition to conducting the research 
     described in subsection (a), the Secretary shall, in 
     consultation with the Marine Mammal Commission and in 
     cooperation with the nations participating in the 
     International Dolphin Conservation Program and the Inter-
     American Tropical Tuna Commission, undertake or support 
     appropriate scientific research to further the goals of the 
     International Dolphin Conservation Program.
       ``(2) Specific areas of research.--Research carried out 
     under paragraph (1) may include--
       ``(A) projects to devise cost-effective fishing methods and 
     gear so as to reduce, with the goal of eliminating, the 
     incidental mortality and serious injury of marine mammals in 
     connection with commercial purse seine fishing in the eastern 
     tropical Pacific Ocean;
       ``(B) projects to develop cost-effective methods of fishing 
     for mature yellowfin tuna without setting nets on dolphins or 
     other marine mammals;
       ``(C) projects to carry out stock assessments for those 
     marine mammal species and marine mammal stocks taken in the 
     purse seine fishery for yellowfin tuna in the eastern 
     tropical Pacific Ocean, including species or stocks not 
     within waters under the jurisdiction of the United States; 
     and
       ``(D) projects to determine the extent to which the 
     incidental take of nontarget species, including juvenile 
     tuna, occurs in the course of purse seine fishing for 
     yellowfin tuna in the eastern tropical Pacific Ocean, the 
     geographic location of the incidental take, and the impact 
     of that incidental take on tuna stocks and nontarget 
     species.
       ``(c) Authorization of Appropriations.--
       ``(1) There are authorized to be appropriated to the 
     Secretary the following amounts, to be used by the Secretary 
     to carry out the research described in subsection (a):
       ``(A) $4,000,000 for fiscal year 1998.
       ``(B) $3,000,000 for fiscal year 1999.
       ``(C) $4,000,000 for fiscal year 2000.
       ``(D) $1,000,000 for fiscal year 2001.
       ``(2) In addition to the amount authorized to be 
     appropriated under paragraph (1), there are authorized to be 
     appropriated to the Secretary for carrying out this section 
     $3,000,000 for each of the fiscal years 1998, 1999, 2000, and 
     2001.

     ``SEC. 305. REPORTS BY THE SECRETARY.

       ``Notwithstanding section 103(f), the Secretary shall 
     submit annual reports to the Congress which include--
       ``(1) results of research conducted pursuant to section 
     304;
       ``(2) a description of the status and trends of stocks of 
     tuna;
       ``(3) a description of the efforts to assess, avoid, 
     reduce, and minimize the bycatch of juvenile yellowfin tuna 
     and bycatch of nontarget species;
       ``(4) a description of the activities of the International 
     Dolphin Conservation Program and of the efforts of the United 
     States in support of the program's goals and objectives, 
     including the protection of dolphin stocks in the eastern 
     tropical Pacific Ocean, and an assessment of the 
     effectiveness of the program;
       ``(5) actions taken by the Secretary under section 
     101(a)(2)(B) and section 101(d);
       ``(6) copies of any relevant resolutions and decisions of 
     the Inter-American Tropical Tuna Commission, and any 
     regulations promulgated by the Secretary under this title; 
     and
       ``(7) any other information deemed relevant by the 
     Secretary.

     SEC. 306. PERMITS.

       ``(a) In General.--
       ``(1) Consistent with the regulations issued pursuant to 
     section 303, the Secretary shall issue a permit to a vessel 
     of the United States authorizing participation in the 
     International Dolphin Conservation Program and may require a 
     permit for the person actually in charge of and controlling 
     the fishing operation of the vessel. The Secretary shall 
     prescribe such procedures as are necessary to carry out this 
     subsection, including requiring the submission of--
       ``(A) the name and official number or other identification 
     of each fishing vessel for which a permit is sought, together 
     with the name and address of the owner thereof; and
       ``(B) the tonnage, hold capacity, speed, processing 
     equipment, and type and quantity of gear, including an 
     inventory of special equipment required under section 303, 
     with respect to each vessel.
       ``(2) The Secretary is authorized to charge a fee for 
     granting an authorization and issuing a permit under this 
     section. The level of fees charged under this paragraph may 
     not exceed the administrative cost incurred in granting an 
     authorization and issuing a permit. Fees collected under this 
     paragraph shall be available to the Under Secretary of 
     Commerce for Oceans and Atmosphere for expenses incurred in 
     granting authorization 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.

[[Page S8372]]

       ``(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 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).
       (e) Section 308 (16 U.S.C. 1418) is repealed.
       (f) Clerical Amendments.--The table of contents in the 
     first section of the Marine Mammal Protection Act of 1972 is 
     amended by striking the items relating to title III and 
     inserting in lieu thereof the following:

        ``TITLE III--INTERNATIONAL DOLPHIN CONSERVATION PROGRAM

     ``Sec. 301. Findings and policy.
     ``Sec. 302. International Dolphin Conservation Program.
     ``Sec. 303. Regulatory authority of the Secretary.
     ``Sec. 304. Research.
     ``Sec. 305. Reports by the Secretary.
     ``Sec. 306. Permits.
     ``Sec. 307. Prohibitions.''.

     SEC. 7. AMENDMENTS TO THE TUNA CONVENTIONS ACT.

       (a) Section 3(c) of the Tuna Conventions Act (16 U.S.C. 
     952(c)) is amended to read as follows:
       ``(c) at least one shall be either the Administrator, or an 
     appropriate officer, of the National Marine Fisheries 
     Service; and''.
       (b) Section 4 of the Tuna Conventions Act (16 U.S.C. 953) 
     is amended to read as follows:

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

       ``(a) Appointments; Public Participation; Compensation.--
     The Secretary, in consultation with the United States 
     Commissioners, shall--
       ``(1) appoint a General Advisory Committee which shall be 
     composed of not less than 5 nor more than 15 persons with 
     balanced representation from the various groups participating 
     in the fisheries included under the conventions, and from 
     nongovernmental conservation organizations;
       ``(2) appoint a Scientific Advisory Subcommittee which 
     shall be composed of not less than 5 nor more than 15 
     qualified scientists with balanced representation from the 
     public and private sectors, including nongovernmental 
     conservation organizations;
       ``(3) establish procedures to provide for appropriate 
     public participation and public meetings and to provide for 
     the confidentiality of confidential business data; and
       ``(4) fix the terms of office of the members of the General 
     Advisory Committee and Scientific Advisory Subcommittee, who 
     shall receive no compensation for their services as such 
     members.
       ``(b) Functions.--
       ``(1) General advisory committee.--The General Advisory 
     Committee shall be invited to have representatives attend all 
     nonexecutive meetings of the United States sections and shall 
     be given full opportunity to examine and to be heard on all 
     proposed programs of investigations, reports, 
     recommendations, and regulations of the Commission. The 
     General Advisory Committee may attend all meetings of the 
     international commissions to which they are invited by such 
     commissions.
       ``(2) Scientific Advisory Subcommittee.--
       ``(A) Advice.--The Scientific Advisory Subcommittee shall 
     advise the General Advisory Committee and the Commissioners 
     on matters including--
       ``(i) the conservation of ecosystems;
       ``(ii) the sustainable uses of living marine resources 
     related to the tuna fishery in the eastern Pacific Ocean; and
       ``(iii) the long-term conservation and management of stocks 
     of living marine resources in the eastern tropical Pacific 
     Ocean.
       ``(B) Other functions and assistance.--The Scientific 
     Advisory Subcommittee shall, as requested by the General 
     Advisory Committee, the United States Commissioners, or the 
     Secretary, perform functions and provide assistance required 
     by formal agreements entered into by the United States for 
     this fishery, including the International Dolphin 
     Conservation Program. These functions may include--
       ``(i) the review of data from the Program, including data 
     received from the Inter-American Tropical Tuna Commission;
       ``(ii) recommendations on research needs, including 
     ecosystems, fishing practices, and gear technology research, 
     including the development and use of selective, 
     environmentally safe and cost-effective fishing gear, and on 
     the coordination and facilitation of such research;
       ``(iii) recommendations concerning scientific reviews and 
     assessments required under the Program and engaging, as 
     appropriate, in such reviews and assessments;
       ``(iv) consulting with other experts as needed; and
       ``(v) recommending measures to assure the regular and 
     timely full exchange of data among the parties to the Program 
     and each nation's National Scientific Advisory Committee (or 
     its equivalent).
       ``(3) Attendance at meetings.--The Scientific Advisory 
     Subcommittee shall be invited to have representatives attend 
     all nonexecutive meetings of the United States sections and 
     the General Advisory Subcommittee and shall be given full 
     opportunity to examine and to be heard on all proposed 
     programs of scientific investigation, scientific reports, and 
     scientific recommendations of the commission. Representatives 
     of the Scientific Advisory Subcommittee may attend meetings 
     of the Inter-American Tropical Tuna Commission in accordance 
     with the rules of such Commission.''.
       (c) Bycatch Reduction.--The Tuna Conventions Act (16 U.S.C. 
     951 et seq.) is amended by adding at the end thereof the 
     following:

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

       ``The Secretary of State, in consultation with the 
     Secretary of Commerce and acting through the United States 
     Commissioners, shall seek, in cooperation with other nations 
     whose vessel fish for tuna in the eastern tropical Pacific 
     Ocean, to establish standards and measures for a bycatch 
     reduction program for vessels fishing for yellowfin tuna in 
     the eastern tropical Pacific Ocean. The bycatch reduction 
     program shall include measures--
       ``(1) to require, to the maximum extent practicable, that 
     sea turtles and other threatened species and endangered 
     species are released alive;
       ``(2) to reduce, to the maximum extent practicable, the 
     harvest of nontarget species;
       ``(3) to reduce, to the maximum extent practicable, the 
     mortality of nontarget species; and
       ``(4) to reduce, to the maximum extent practicable, the 
     mortality of juveniles of the target species.''.

     SEC. 8. EFFECTIVE DATES.

       (a) Amendments to Take Effect When IDCP in Force.--Sections 
     3 through 7 of this Act (except for section 304 of the Marine 
     Mammal Protection Act of 1972 as added by section 6 of this 
     Act) shall become effective upon--
       (1) certification by the Secretary of Commerce that--
       (A) sufficient funding is available to complete the first 
     year of the study required under section 304(a) of the Marine 
     Mammal Protection Act of 1972, as so added; and

[[Page S8373]]

       (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.

                          ____________________