[Congressional Record Volume 143, Number 111 (Thursday, July 31, 1997)]
[House]
[Pages H6671-H6677]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
INTERNATIONAL DOLPHIN CONSERVATION PROGRAM ACT
Mr. SAXTON. Mr. Speaker, I ask unanimous consent to take from the
Speaker's table the bill (H.R. 408] 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, with a Senate amendment thereto and concur in the
Senate amendment.
The Clerk read the title of the bill.
The Clerk read the Senate amendment, as follows:
Senate amendment:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; REFERENCES.
(a) Short Title.--This Act may be cited as the
``International Dolphin Conservation Program Act''.
(b) References to Marine Mammal Protection Act.--Except as
otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to,
or repeal of, a section or other provision, the reference
shall be considered to be made to a section or other
provision of the Marine Mammal Protection Act of 1972 (16
U.S.C. 1361 et seq.).
SEC. 2. 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
[[Page H6672]]
(2) by striking the semicolon in the second sentence and
all that follows through ``practicable''.
(b) Documentation Required.--Section 101(a)(2) (16 U.S.C.
1371(a)(2)) is further amended--
(1) by striking subparagraph (B) and inserting the
following:
``(B) in the case of yellowfin tuna harvested with purse
seine nets in the eastern tropical Pacific Ocean, and
products therefrom, to be exported to the United States,
shall require that the government of the exporting nation
provide documentary evidence that--
``(i)(I) the tuna or products therefrom were not banned
from importation under this paragraph before the effective
date of section 4 of the International Dolphin Conservation
Program Act; or
``(II) the tuna or products therefrom were harvested after
the effective date of section 4 of the International Dolphin
Conservation Program Act by vessels of a nation which
participates in the International Dolphin Conservation
Program, and such harvesting nation is either a member of the
Inter-American Tropical Tuna Commission or has initiated (and
within 6 months thereafter completed) all steps required of
applicant nations, in accordance with article V, paragraph 3
of the Convention establishing the Inter-American Tropical
Tuna Commission, to become a member of that organization;
``(ii) such nation is meeting the obligations of the
International Dolphin Conservation Program and the
obligations of membership in the Inter-American Tropical Tuna
Commission, including all financial obligations; and
``(iii) the total dolphin mortality limits, and per-stock
per-year dolphin mortality limits permitted for that nation's
vessels under the International Dolphin Conservation Program
do not exceed the limits determined for 1997, or for any year
thereafter, consistent with the objective of progressively
reducing dolphin mortality to a level approaching zero
through the setting of annual limits and the goal of
eliminating dolphin mortality, and requirements of the
International Dolphin Conservation Program;'';
(2) by redesignating subparagraphs (C), (D), and (E) as
subparagraphs (D), (E), and (F), respectively;
(3) by inserting after subparagraph (B) the following:
``(C) shall not accept such documentary evidence if--
``(i) the government of the harvesting nation does not
provide directly or authorize the Inter-American Tropical
Tuna Commission to release complete and accurate information
to the Secretary in a timely manner--
``(I) to allow determination of compliance with the
International Dolphin Conservation Program; and
``(II) for the purposes of tracking and verifying
compliance with the minimum requirements established by the
Secretary in regulations promulgated under subsection (f) of
the Dolphin Protection Consumer Information Act (16 U.S.C.
1385(f)); or
``(ii) after taking into consideration such information,
findings of the Inter-American Tropical Tuna Commission, and
any other relevant information, including information that a
nation is consistently failing to take enforcement actions on
violations which diminish the effectiveness of the
International Dolphin Conservation Program, the Secretary, in
consultation with the Secretary of State, finds that the
harvesting nation is not in compliance with the International
Dolphin Conservation Program.''; and
(4) by striking ``subparagraph (E)'' in the matter after
subparagraph (F), as redesignated by paragraph (2) of this
subsection, and inserting ``subparagraph (F)''.
(c) Certain Incidental Takings.--Section 101 (16 U.S.C.
1371) is further amended by adding at the end the following
new subsection:
``(e) Act Not to Apply to Incidental Takings by United
States Citizens Employed on Foreign Vessels Outside the
United States EEZ.--The provisions of this Act shall not
apply to a citizen of the United States who incidentally
takes any marine mammal during fishing operations outside the
United States exclusive economic zone (as defined in section
3 of the Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1802)) when employed on a foreign fishing
vessel of a harvesting nation which is in compliance with the
International Dolphin Conservation Program.''.
(d) Permits.--Section 104(h) (16 U.S.C. 1374(h)) is amended
to read as follows:
``(h) General Permits.--
``(1) Consistent with the regulations prescribed pursuant
to section 103 of this title and to the requirements of
section 101 of this title, the Secretary may issue an annual
permit to a United States purse seine fishing vessel for the
taking of such marine mammals, and shall issue regulations to
cover the use of any such annual permits.
``(2) Such annual permits for the incidental taking of
marine mammals in the course of commercial purse seine
fishing for yellowfin tuna in the eastern tropical Pacific
Ocean shall be governed by section 306 of this Act, subject
to the regulations issued pursuant to section 303 of this
Act.''.
(e) International Negotiations.--Section 108(a)(2) (16
U.S.C. 1378(a)(2)) is amended--
(1) by striking ``and'' at the end of subparagraph (A);
(2) by inserting after subparagraph (B) the following:
``(C) negotiations to revise the Convention for the
Establishment of an Inter-American Tropical Tuna Commission
(1 U.S.T. 230; TIAS 2044) which will incorporate--
``(i) the conservation and management provisions agreed to
by the nations which have signed the Declaration of Panama
and in the Straddling Fish Stocks and Highly Migratory Fish
Stocks Agreement, as opened for signature on December 4,
1995; and
``(ii) a revised schedule of annual contributions to the
expenses of the Inter-American Tropical Tuna Commission that
is equitable to participating nations; and
``(D) discussions with those countries participating, or
likely to participate, in the International Dolphin
Conservation Program, for the purpose of identifying sources
of funds needed for research and other measures promoting
effective protection of dolphins, other marine species, and
the marine ecosystem;''.
(f) Research Grants.--Section 110(a) (16 U.S.C. 1380(a)) is
amended--
(1) by striking ``(1)'' in paragraph (1); and
(2) by striking paragraph (2).
SEC. 5. AMENDMENTS TO DOLPHIN PROTECTION CONSUMER INFORMATION
ACT.
(a) Labeling Standard.-- Subsection (d) of the Dolphin
Protection Consumer Information Act (16 U.S.C. 1385(d)) is
amended to read as follows:
``(d) Labeling Standard.--
``(1) It is a violation of section 5 of the Federal Trade
Commission Act (15 U.S.C. 45) for any producer, importer,
exporter, distributor, or seller of any tuna product that is
exported from or offered for sale in the United States to
include on the label of that product the term `dolphin safe'
or any other term or symbol that falsely claims or suggests
that the tuna contained in the product were harvested using a
method of fishing that is not harmful to dolphins if the
product contains tuna harvested--
``(A) on the high seas by a vessel engaged in driftnet
fishing;
``(B) outside the eastern tropical Pacific Ocean by a
vessel using purse seine nets--
``(i) in a fishery in which the Secretary has determined
that a regular and significant association occurs between
dolphins and tuna (similar to the association between
dolphins and tuna in the eastern tropical Pacific Ocean),
unless such product is accompanied by a written statement,
executed by the captain of the vessel and an observer
participating in a national or international program
acceptable to the Secretary, certifying that no purse seine
net was intentionally deployed on or used to encircle
dolphins during the particular voyage on which the tuna were
caught and no dolphins were killed or seriously injured in
the sets in which the tuna were caught; or
``(ii) in any other fishery (other than a fishery described
in subparagraph (D)) unless the product is accompanied by a
written statement executed by the captain of the vessel
certifying that no purse seine net was intentionally deployed
on or used to encircle dolphins during the particular voyage
on which the tuna was harvested;
``(C) in the eastern tropical Pacific Ocean by a vessel
using a purse seine net unless the tuna meet the requirements
for being considered dolphin safe under paragraph (2); or
``(D) by a vessel in a fishery other than one described in
subparagraph (A), (B), or (C) that is identified by the
Secretary as having a regular and significant mortality or
serious injury of dolphins, unless such product is
accompanied by a written statement executed by the captain of
the vessel and an observer participating in a national or
international program acceptable to the Secretary that no
dolphins were killed or seriously injured in the sets or
other gear deployments in which the tuna were caught,
provided that the Secretary determines that such an observer
statement is necessary.
``(2) For purposes of paragraph (1)(C), a tuna product that
contains tuna harvested in the eastern tropical Pacific Ocean
by a vessel using purse seine nets is dolphin safe if--
``(A) the vessel is of a type and size that the Secretary
has determined, consistent with the International Dolphin
Conservation Program, is not capable of deploying its purse
seine nets on or to encircle dolphins; or
``(B)(i) the product is accompanied by a written statement
executed by the captain providing the certification required
under subsection (h);
``(ii) the product is accompanied by a written statement
executed by--
``(I) the Secretary or the Secretary's designee;
``(II) a representative of the Inter-American Tropical Tuna
Commission; or
``(III) an authorized representative of a participating
nation whose national program meets the requirements of the
International Dolphin Conservation Program,
which states that there was an observer approved by the
International Dolphin Conservation Program on board the
vessel during the entire trip and that such observer provided
the certification required under subsection (h); and
``(iii) the statements referred to in clauses (i) and (ii)
are endorsed in writing by each exporter, importer, and
processor of the product; and
``(C) the written statements and endorsements referred to
in subparagraph (B) comply with regulations promulgated by
the Secretary which provide for the verification of tuna
products as dolphin safe.
``(3)(A) The Secretary of Commerce shall develop an
official mark that may be used to label tuna products as
dolphin safe in accordance with this Act.
``(B) A tuna product that bears the dolphin safe mark
developed under subparagraph (A) shall not bear any other
label or mark that refers to dolphins, porpoises, or marine
mammals.
``(C) It is a violation of section 5 of the Federal Trade
Commission Act (15 U.S.C. 45) to label a tuna product with
any label or mark that refers to dolphins, porpoises, or
marine mammals other than the mark developed under
subparagraph (A) unless--
``(i) no dolphins were killed or seriously injured in the
sets or other gear deployments in which the tuna were caught;
[[Page H6673]]
``(ii) the label is supported by a tracking and
verification program which is comparable in effectiveness to
the program established under subsection (f); and
``(iii) the label complies with all applicable labeling,
marketing, and advertising laws and regulations of the
Federal Trade Commission, including any guidelines for
environmental labeling.
``(D) If the Secretary determines that the use of a label
referred to in subparagraph (C) is substantially undermining
the conservation goals of the International Dolphin
Conservation Program, the Secretary shall report that
determination to the United States Senate Committee on
Commerce, Science, and Transportation and the United States
House of Representatives Committees on Resources and on
Commerce, along with recommendations to correct such
problems.
``(E) It is a violation of section 5 of the Federal Trade
Commission Act (15 U.S.C. 45) willingly and knowingly to use
a label referred to in subparagraph (C) in a campaign or
effort to mislead or deceive consumers about the level of
protection afforded dolphins under the International Dolphin
Conservation Program.''.
(b) Tracking Regulations.--Subsection (f) of the Dolphin
Protection Consumer Information Act (16 U.S.C. 1385(f)) is
amended to read as follows:
``(f) Regulations.--The Secretary, in consultation with the
Secretary of the Treasury, shall issue regulations to
implement this Act, including regulations to establish a
domestic tracking and verification program that provides for
the effective tracking of tuna labeled under subsection (d).
In the development of these regulations, the Secretary shall
establish appropriate procedures for ensuring the
confidentiality of proprietary information the submission of
which is voluntary or mandatory. The regulations shall
address each of the following items:
``(1) The use of weight calculation for purposes of
tracking tuna caught, landed, processed, and exported.
``(2) Additional measures to enhance current observer
coverage, including the establishment of criteria for
training, and for improving monitoring and reporting
capabilities and procedures.
``(3) The designation of well location, procedures for
sealing holds, procedures for monitoring and certifying both
above and below deck, or through equally effective methods,
the tracking and verification of tuna labeled under
subsection (d).
``(4) The reporting, receipt, and database storage of radio
and facsimile transmittals from fishing vessels containing
information related to the tracking and verification of tuna,
and the definition of set.
``(5) The shore-based verification and tracking throughout
the fishing, transshipment, and canning process by means of
Inter-American Tropical Tuna Commission trip records or
otherwise.
``(6) The use of periodic audits and spot checks for
caught, landed, and processed tuna products labeled in
accordance with subsection (d).
``(7) The provision of timely access to data required under
this subsection by the Secretary from harvesting nations to
undertake the actions required in paragraph (6) of this
paragraph.
The Secretary may make such adjustments as may be appropriate
to the regulations promulgated under this subsection to
implement an international tracking and verification program
that meets or exceeds the minimum requirements established by
the Secretary under this subsection.''.
(c) Findings Concerning Impact on Depleted Stocks.--The
Dolphin Protection Consumer Information Act (16 U.S.C. 1385)
is amended by striking subsections (g), (h), and (i) and
inserting the following:
``(g) Secretarial Findings.--(1) Between March 1, 1999, and
March 31, 1999, the Secretary shall, on the basis of the
research conducted before March 1, 1999, under section 304(a)
of the Marine Mammal Protection Act of 1972, information
obtained under the International Dolphin Conservation
Program, and any other relevant information, make an initial
finding regarding whether the intentional deployment on or
encirclement of dolphins with purse seine nets is having a
significant adverse impact on any depleted dolphin stock in
the eastern tropical Pacific Ocean. The initial finding shall
be published immediately in the Federal Register and shall
become effective upon a subsequent date determined by the
Secretary.
``(2) Between July 1, 2001, and December 31, 2002, the
Secretary shall, on the basis of the completed study
conducted under section 304(a) of the Marine Mammal
Protection Act of 1972, information obtained under the
International Dolphin Conservation Program, and any other
relevant information, make a finding regarding whether the
intentional deployment on or encirclement of dolphins with
purse seine nets is having a significant adverse impact on
any depleted dolphin stock in the eastern tropical Pacific
Ocean. The finding shall be published immediately in the
Federal Register and shall become effective upon a subsequent
date determined by the Secretary.
``(h) Certification by Captain and Observer.--
``(1) Unless otherwise required by paragraph (2), the
certification by the captain under subsection (d)(2)(B)(i)
and the certification provided by the observer as specified
in subsection (d)(2)(B)(ii) shall be that no dolphins were
killed or seriously injured during the sets in which the tuna
were caught.
``(2) The certification by the captain under subsection
(d)(2)(B)(i) and the certification provided by the observer
as specified under subsection (d)(2)(B)(ii) shall be that no
tuna were caught on the trip in which such tuna were
harvested using a purse seine net intentionally deployed on
or to encircle dolphins, and that no dolphins were killed or
seriously injured during the sets in which the tuna were
caught, if the tuna were caught on a trip commencing--
``(A) before the effective date of the initial finding by
the Secretary under subsection (g)(1);
``(B) after the effective date of such initial finding and
before the effective date of the finding of the Secretary
under subsection (g)(2), where the initial finding is that
the intentional deployment on or encirclement of dolphins is
having a significant adverse impact on any depleted dolphin
stock; or
``(C) after the effective date of the finding under
subsection (g)(2), where such finding is that the intentional
deployment on or encirclement of dolphins is having a
significant adverse impact on any such depleted stock.''.
SEC. 6. AMENDMENTS TO TITLE III.
(a) Change of Title Heading.--The heading of title III is
amended to read as follows:
``TITLE III--INTERNATIONAL DOLPHIN CONSERVATION PROGRAM''.
(b) Additional Findings.--Section 301 (16 U.S.C. 1411) is
amended--
(1) by striking paragraph (4) of subsection (a) and
inserting the following:
``(4) Nations harvesting yellowfin tuna in the eastern
tropical Pacific Ocean have demonstrated their willingness to
participate in appropriate multilateral agreements to reduce
dolphin mortality progressively to a level approaching zero
through the setting of annual limits, with the goal of
eliminating dolphin mortality in that fishery. Recognition of
the International Dolphin Conservation Program will assure
that the existing trend of reduced dolphin mortality
continues; that individual stocks of dolphins are adequately
protected; and that the goal of eliminating all dolphin
mortality continues to be a priority.''; and
(2) by striking paragraphs (2) and (3) of subsection (b)
and inserting the following:
``(2) support the International Dolphin Conservation
Program and efforts within the Program to reduce, with the
goal of eliminating, the mortality referred to in paragraph
(1);
``(3) ensure that the market of the United States does not
act as an incentive to the harvest of tuna caught with
driftnets or caught by purse seine vessels in the eastern
tropical Pacific Ocean not operating in compliance with the
International Dolphin Conservation Program;''.
(c) Title III (16 U.S.C. 1411 et seq.) is amended by
striking sections 302 through 306 (16 U.S.C. 1412 through
1416) and inserting the following:
``SEC. 302. INTERNATIONAL DOLPHIN CONSERVATION PROGRAM.
``The Secretary of State, in consultation with the
Secretary, shall seek to secure a binding international
agreement to establish an International Dolphin Conservation
Program that requires--
``(1) that the total annual dolphin mortality in the purse
seine fishery for yellowfin tuna in the eastern tropical
Pacific Ocean shall not exceed 5,000 animals with a
commitment and objective to progressively reduce dolphin
mortality to a level approaching zero through the setting of
annual limits;
``(2) the establishment of a per-stock per-year dolphin
mortality limit, to be in effect through calendar year 2000,
at a level between 0.2 percent and 0.1 percent of the minimum
population estimate, as calculated, revised, or approved by
the Secretary;
``(3) the establishment of a per-stock per-year dolphin
mortality limit, beginning with the calendar year 2001, at a
level less than or equal to 0.1 percent of the minimum
population estimate as calculated, revised, or approved by
the Secretary;
``(4) that if a dolphin mortality limit is exceeded under--
``(A) paragraph (1), all sets on dolphins shall cease for
the applicable fishing year; and
``(B) paragraph (2) or (3), all sets on the stocks covered
under paragraph (2) or (3) and any mixed schools that contain
any of those stocks shall cease for the applicable fishing
year;
``(5) a scientific review and assessment to be conducted in
calendar year 1998 to--
``(A) assess progress in meeting the objectives set for
calendar year 2000 under paragraph (2); and
``(B) as appropriate, consider recommendations for meeting
these objectives;
``(6) a scientific review and assessment to be conducted in
calendar year 2000--
``(A) to review the stocks covered under paragraph (3); and
``(B) as appropriate to consider recommendations to further
the objectives set under that paragraph;
``(7) the establishment of a per vessel maximum annual
dolphin mortality limit consistent with the established per-
year mortality limits, as determined under paragraphs (1)
through (3); and
``(8) the provision of a system of incentives to vessel
captains to continue to reduce dolphin mortality, with the
goal of eliminating dolphin mortality.
``SEC. 303. REGULATORY AUTHORITY OF THE SECRETARY.
``(a) Regulations.--
``(1) The Secretary shall issue regulations, and revise
those regulations as may be appropriate, to implement the
International Dolphin Conservation Program.
``(2)(A) The Secretary shall issue regulations to authorize
and govern the taking of marine mammals in the eastern
tropical Pacific Ocean, including any species of marine
mammal designated as depleted under this Act but not listed
as endangered or threatened under the Endangered Species Act
(16 U.S.C. 1531 et seq.), by vessels of the United States
participating in the International Dolphin Conservation
Program.
[[Page H6674]]
``(B) Regulations issued under this section shall include
provisions--
``(i) requiring observers on each vessel;
``(ii) requiring use of the backdown procedure or other
procedures equally or more effective in avoiding mortality
of, or serious injury to, marine mammals in fishing
operations;
``(iii) prohibiting intentional sets on stocks and schools
in accordance with the International Dolphin Conservation
Program;
``(iv) requiring the use of special equipment, including
dolphin safety panels in nets, monitoring devices as
identified by the International Dolphin Conservation Program
to detect unsafe fishing conditions that may cause high
incidental dolphin mortality before nets are deployed by a
tuna vessel, operable rafts, speedboats with towing bridles,
floodlights in operable condition, and diving masks and
snorkels;
``(v) ensuring that the backdown procedure during sets of
purse seine net on marine mammals is completed and rolling of
the net to sack up has begun no later than 30 minutes before
sundown;
``(vi) banning the use of explosive devices in all purse
seine operations;
``(vii) establishing per vessel maximum annual dolphin
mortality limits, total dolphin mortality limits and per-
stock per-year mortality limits in accordance with the
International Dolphin Conservation Program;
``(viii) preventing the making of intentional sets on
dolphins after reaching either the vessel maximum annual
dolphin mortality limits, total dolphin mortality limits, or
per-stock per-year mortality limits;
``(ix) preventing the fishing on dolphins by a vessel
without an assigned vessel dolphin mortality limit;
``(x) allowing for the authorization and conduct of
experimental fishing operations, under such terms and
conditions as the Secretary may prescribe, for the purpose of
testing proposed improvements in fishing techniques and
equipment that may reduce or eliminate dolphin mortality or
serious injury do not require the encirclement of dolphins in
the course of commercial yellowfin tuna fishing;
``(xi) authorizing fishing within the area covered by the
International Dolphin Conservation Program by vessels of the
United States without the use of special equipment or nets if
the vessel takes an observer and does not intentionally
deploy nets on, or encircle, dolphins, under such terms and
conditions as the Secretary may prescribe; and
``(xii) containing such other restrictions and requirements
as the Secretary determines are necessary to implement the
International Dolphin Conservation Program with respect to
vessels of the United States.
``(C) Adjustments to requirements.--The Secretary may make
such adjustments as may be appropriate to requirements of
subparagraph (B) that pertain to fishing gear, vessel
equipment, and fishing practices to the extent the
adjustments are consistent with the International Dolphin
Conservation Program.
``(b) Consultation.--In developing any regulation under
this section, the Secretary shall consult with the Secretary
of State, the Marine Mammal Commission, and the United States
Commissioners to the Inter-American Tropical Tuna Commission
appointed under section 3 of the Tuna Conventions Act of 1950
(16 U.S.C. 952).
``(c) Emergency Regulations.--
``(1) If the Secretary determines, on the basis of the best
scientific information available (including research
conducted under section 304 and information obtained under
the International Dolphin Conservation Program) that the
incidental mortality and serious injury of marine mammals
authorized under this title is having, or is likely to have,
a significant adverse impact on a marine mammal stock or
species, the Secretary shall--
``(A) notify the Inter-American Tropical Tuna Commission of
his or her determination, along with recommendations to the
Commission as to actions necessary to reduce incidental
mortality and serious injury and mitigate such adverse
impact; and
``(B) prescribe emergency regulations to reduce incidental
mortality and serious injury and mitigate such adverse
impact.
``(2) Before taking action under subparagraph (A) or (B) of
paragraph (1), the Secretary shall consult with the Secretary
of State, the Marine Mammal Commission, and the United States
Commissioners to the Inter-American Tropical Tuna Commission.
``(3) Emergency regulations prescribed under this
subsection--
``(A) shall be published in the Federal Register, together
with an explanation thereof;
``(B) shall remain in effect for the duration of the
applicable fishing year; and
``(C) may be terminated by the Secretary at an earlier date
by publication in the Federal Register of a notice of
termination if the Secretary determines that the reasons for
the emergency action no longer exist.
``(4) If the Secretary finds that the incidental mortality
and serious injury of marine mammals in the yellowfin tuna
fishery in the eastern tropical Pacific Ocean is continuing
to have a significant adverse impact on a stock or species,
the Secretary may extend the emergency regulations for such
additional periods as may be necessary.
``(5) Within 120 days after the Secretary notifies the
United States Commissioners to the Inter-American Tropical
Tuna Commission of the Secretary's determination under
paragraph (1)(A), the United States Commissioners shall call
for a special meeting of the Commission to address the
actions necessary to reduce incidental mortality and serious
injury and mitigate the adverse impact which resulted in the
determination. The Commissioners shall report the results of
the special meeting in writing to the Secretary and to the
Secretary of State. In their report, the Commissioners
shall--
``(A) include a description of the actions taken by the
harvesting nations or under the International Dolphin
Conservation Program to reduce the incidental mortality and
serious injury and measures to mitigate the adverse impact on
the marine mammal species or stock;
``(B) indicate whether, in their judgment, the actions
taken address the problem adequately; and
``(C) if they indicate that the actions taken do not
address the problem adequately, include recommendations of
such additional action to be taken as may be necessary.
``SEC. 304. RESEARCH.
``(a) Required Research.--
``(1) In general.--The Secretary shall, in consultation
with the Marine Mammal Commission and the Inter-American
Tropical Tuna Commission, conduct a study of the effect of
intentional encirclement (including chase) on dolphins and
dolphin stocks incidentally taken in the course of purse
seine fishing for yellowfin tuna in the eastern tropical
Pacific Ocean. The study, which shall commence on October 1,
1997, shall consist of abundance surveys as described in
paragraph (2) and stress studies as described in paragraph
(3), and shall address the question of whether such
encirclement is having a significant adverse impact on any
depleted dolphin stock in the eastern tropical Pacific Ocean.
``(2) Population abundance surveys.--The abundance surveys
under this subsection shall survey the abundance of such
depleted stocks and shall be conducted during each of the
calendar years 1998, 1999, and 2000.
``(3) Stress studies.--The stress studies under this
subsection shall include--
``(A) a review of relevant stress-related research and a 3-
year series of necropsy samples from dolphins obtained by
commercial vessels;
``(B) a 1-year review of relevant historical demographic
and biological data related to dolphins and dolphin stocks
referred to in paragraph (1); and
``(C) an experiment involving the repeated chasing and
capturing of dolphins by means of intentional encirclement.
``(4) Report.--No later than 90 days after publishing the
finding under subsection (g)(2) of the Dolphin Protection
Consumer Information Act, the Secretary shall complete and
submit a report containing the results of the research
described in this subsection to the United States Senate
Committee on Commerce, Science, and Transportation and the
United States House of Representatives Committees on
Resources and on Commerce, and to the Inter-American Tropical
Tuna Commission.
``(b) Other Research.--
``(1) In general.--In addition to conducting the research
described in subsection (a), the Secretary shall, in
consultation with the Marine Mammal Commission and in
cooperation with the nations participating in the
International Dolphin Conservation Program and the Inter-
American Tropical Tuna Commission, undertake or support
appropriate scientific research to further the goals of the
International Dolphin Conservation Program.
``(2) Specific areas of research.--Research carried out
under paragraph (1) may include--
``(A) projects to devise cost-effective fishing methods and
gear so as to reduce, with the goal of eliminating, the
incidental mortality and serious injury of marine mammals in
connection with commercial purse seine fishing in the eastern
tropical Pacific Ocean;
``(B) projects to develop cost-effective methods of fishing
for mature yellowfin tuna without setting nets on dolphins or
other marine mammals;
``(C) projects to carry out stock assessments for those
marine mammal species and marine mammal stocks taken in the
purse seine fishery for yellowfin tuna in the eastern
tropical Pacific Ocean, including species or stocks not
within waters under the jurisdiction of the United States;
and
``(D) projects to determine the extent to which the
incidental take of nontarget species, including juvenile
tuna, occurs in the course of purse seine fishing for
yellowfin tuna in the eastern tropical Pacific Ocean, the
geographic location of the incidental take, and the impact of
that incidental take on tuna stocks and nontarget species.
``(c) Authorization of Appropriations.--
``(1) There are authorized to be appropriated to the
Secretary the following amounts, to be used by the Secretary
to carry out the research described in subsection (a):
``(A) $4,000,000 for fiscal year 1998.
``(B) $3,000,000 for fiscal year 1999.
``(C) $4,000,000 for fiscal year 2000.
``(D) $1,000,000 for fiscal year 2001.
``(2) In addition to the amount authorized to be
appropriated under paragraph (1), there are authorized to be
appropriated to the Secretary for carrying out this section
$3,000,000 for each of the fiscal years 1998, 1999, 2000, and
2001.
``SEC. 305. REPORTS BY THE SECRETARY.
``Notwithstanding section 103(f), the Secretary shall
submit annual reports to the Congress which include--
``(1) results of research conducted pursuant to section
304;
``(2) a description of the status and trends of stocks of
tuna;
``(3) a description of the efforts to assess, avoid,
reduce, and minimize the bycatch of juvenile yellowfin tuna
and bycatch of nontarget species;
``(4) a description of the activities of the International
Dolphin Conservation Program and of the efforts of the United
States in support of the Program's goals and objectives,
including the protection of dolphin stocks in the eastern
tropical Pacific Ocean, and an assessment of the
effectiveness of the Program;
[[Page H6675]]
``(5) actions taken by the Secretary under section
101(a)(2)(B) and section 101(d);
``(6) copies of any relevant resolutions and decisions of
the Inter-American Tropical Tuna Commission, and any
regulations promulgated by the Secretary under this title;
and
``(7) any other information deemed relevant by the
Secretary.
``SEC. 306. PERMITS.
``(a) In General.--
``(1) Consistent with the regulations issued pursuant to
section 303, the Secretary shall issue a permit to a vessel
of the United States authorizing participation in the
International Dolphin Conservation Program and may require a
permit for the person actually in charge of and controlling
the fishing operation of the vessel. The Secretary shall
prescribe such procedures as are necessary to carry out this
subsection, including requiring the submission of--
``(A) the name and official number or other identification
of each fishing vessel for which a permit is sought, together
with the name and address of the owner thereof; and
``(B) the tonnage, hold capacity, speed, processing
equipment, and type and quantity of gear, including an
inventory of special equipment required under section 303,
with respect to each vessel.
``(2) The Secretary is authorized to charge a fee for
granting an authorization and issuing a permit under this
section. The level of fees charged under this paragraph may
not exceed the administrative cost incurred in granting an
authorization and issuing a permit. Fees collected under this
paragraph shall be available to the Under Secretary of
Commerce for Oceans and Atmosphere for expenses incurred in
granting authorizations and issuing permits under this
section.
``(3) After the effective date of the International Dolphin
Conservation Program Act, no vessel of the United States
shall operate in the yellowfin tuna fishery in the eastern
tropical Pacific Ocean without a valid permit issued under
this section.
``(b) Permit Sanctions.--
``(1) In any case in which--
``(A) a vessel for which a permit has been issued under
this section has been used in the commission of an act
prohibited under section 307;
``(B) the owner or operator of any such vessel or any other
person who has applied for or been issued a permit under this
section has acted in violation of section 307; or
``(C) any civil penalty or criminal fine imposed on a
vessel, owner or operator of a vessel, or other person who
has applied for or been issued a permit under this section
has not been paid or is overdue,
the Secretary may--
``(i) revoke any permit with respect to such vessel, with
or without prejudice to the issuance of subsequent permits;
``(ii) suspend such permit for a period of time considered
by the Secretary to be appropriate;
``(iii) deny such permit; or
``(iv) impose additional conditions or restrictions on any
permit issued to, or applied for by, any such vessel or
person under this section.
``(2) In imposing a sanction under this subsection, the
Secretary shall take into account--
``(A) the nature, circumstances, extent, and gravity of the
prohibited acts for which the sanction is imposed; and
``(B) with respect to the violator, the degree of
culpability, any history of prior offenses, and other such
matters as justice requires.
``(3) Transfer of ownership of a vessel, by sale or
otherwise, shall not extinguish any permit sanction that is
in effect or is pending at the time of transfer of ownership.
Before executing the transfer of ownership of a vessel, by
sale or otherwise, the owner shall disclose in writing to the
prospective transferee the existence of any permit sanction
that will be in effect or pending with respect to the vessel
at the time of transfer.
``(4) In the case of any permit that is suspended for the
failure to pay a civil penalty or criminal fine, the
Secretary shall reinstate the permit upon payment of the
penalty or fine and interest thereon at the prevailing rate.
``(5) No sanctions shall be imposed under this section
unless there has been a prior opportunity for a hearing on
the facts underlying the violation for which the sanction is
imposed, either in conjunction with a civil penalty
proceeding under this title or otherwise.''.
(d) Section 307 (16 U.S.C. 1417) is amended--
(1) by striking paragraphs (1), (2), and (3) of subsection
(a) and inserting the following:
``(1) for any person to sell, purchase, offer for sale,
transport, or ship, in the United States, any tuna or tuna
product unless the tuna or tuna product is either dolphin
safe or has been harvested in compliance with the
International Dolphin Conservation Program by a country that
is a member of the Inter-American Tropical Tuna Commission or
has initiated and within 6 months thereafter completed all
steps required of applicant nations in accordance with
Article V, paragraph 3 of the Convention establishing the
Inter-American Tropical Tuna Commission, to become a member
of that organization;
``(2) except as provided for in subsection 101(d), for any
person or vessel subject to the jurisdiction of the United
States intentionally to set a purse seine net on or to
encircle any marine mammal in the course of tuna fishing
operations in the eastern tropical Pacific Ocean except in
accordance with this title and regulations issued pursuant to
this title; and
``(3) for any person to import any yellowfin tuna or
yellowfin tuna product or any other fish or fish product in
violation of a ban on importation imposed under section
101(a)(2);'';
(2) by inserting ``(a)(5) or'' before ``(a)(6)'' in
subsection (b)(2); and
(3) by striking subsection (d).
(e) Section 308 (16 U.S.C. 1418) is repealed.
(f) Clerical Amendments.--The table of contents in the
first section of the Marine Mammal Protection Act of 1972 is
amended by striking the items relating to title III and
inserting in lieu thereof the following:
``TITLE III--INTERNATIONAL DOLPHIN CONSERVATION PROGRAM
``Sec. 301. Findings and policy.
``Sec. 302. International Dolphin Conservation Program.
``Sec. 303. Regulatory authority of the Secretary.
``Sec. 304. Research.
``Sec. 305. Reports by the Secretary.
``Sec. 306. Permits.
``Sec. 307. Prohibitions.''.
SEC. 7. AMENDMENTS TO THE TUNA CONVENTIONS ACT.
(a) Section 3(c) of the Tuna Conventions Act (16 U.S.C.
952(c)) is amended to read as follows:
``(c) at least one shall be either the Administrator, or an
appropriate officer, of the National Marine Fisheries
Service; and''.
(b) Section 4 of the Tuna Conventions Act (16 U.S.C. 953)
is amended to read as follows:
``SEC. 4. GENERAL ADVISORY COMMITTEE AND SCIENTIFIC ADVISORY
SUBCOMMITTEE.
``(a) Appointments; Public Participation; Compensation.--
The Secretary, in consultation with the United States
Commissioners, shall--
``(1) appoint a General Advisory Committee which shall be
composed of not less than 5 nor more than 15 persons with
balanced representation from the various groups participating
in the fisheries included under the conventions, and from
nongovernmental conservation organizations;
``(2) appoint a Scientific Advisory Subcommittee which
shall be composed of not less than 5 nor more than 15
qualified scientists with balanced representation from the
public and private sectors, including nongovernmental
conservation organizations;
``(3) establish procedures to provide for appropriate
public participation and public meetings and to provide for
the confidentiality of confidential business data; and
``(4) fix the terms of office of the members of the General
Advisory Committee and Scientific Advisory Subcommittee, who
shall receive no compensation for their services as such
members.
``(b) Functions.--
``(1) General advisory committee.--The General Advisory
Committee shall be invited to have representatives attend all
nonexecutive meetings of the United States sections and shall
be given full opportunity to examine and to be heard on all
proposed programs of investigations, reports,
recommendations, and regulations of the Commission. The
General Advisory Committee may attend all meetings of the
international commissions to which they are invited by such
commissions.
``(2) Scientific Advisory Subcommittee.--
``(A) Advice.--The Scientific Advisory Subcommittee shall
advise the General Advisory Committee and the Commissioners
on matters including--
``(i) the conservation of ecosystems;
``(ii) the sustainable uses of living marine resources
related to the tuna fishery in the eastern Pacific Ocean; and
``(iii) the long-term conservation and management of stocks
of living marine resources in the eastern tropical Pacific
Ocean.
``(B) Other functions and assistance.--The Scientific
Advisory Subcommittee shall, as requested by the General
Advisory Committee, the United States Commissioners, or the
Secretary, perform functions and provide assistance required
by formal agreements entered into by the United States for
this fishery, including the International Dolphin
Conservation Program. These functions may include--
``(i) the review of data from the Program, including data
received from the Inter-American Tropical Tuna Commission;
``(ii) recommendations on research needs, including
ecosystems, fishing practices, and gear technology research,
including the development and use of selective,
environmentally safe and cost-effective fishing gear, and on
the coordination and facilitation of such research;
``(iii) recommendations concerning scientific reviews and
assessments required under the Program and engaging, as
appropriate, in such reviews and assessments;
``(iv) consulting with other experts as needed; and
``(v) recommending measures to assure the regular and
timely full exchange of data among the parties to the Program
and each nation's National Scientific Advisory Committee (or
its equivalent).
``(3) Attendance at meetings.--The Scientific Advisory
Subcommittee shall be invited to have representatives attend
all nonexecutive meetings of the United States sections and
the General Advisory Subcommittee and shall be given full
opportunity to examine and to be heard on all proposed
programs of scientific investigation, scientific reports, and
scientific recommendations of the commission. Representatives
of the Scientific Advisory Subcommittee may attend meetings
of the Inter-American Tropical Tuna Commission in accordance
with the rules of such Commission.''.
(c) Bycatch Reduction.--The Tuna Conventions Act (16 U.S.C.
951 et seq.) is amended by adding at the end thereof the
following:
``SEC. 15. REDUCTION OF BYCATCH IN THE EASTERN TROPICAL
PACIFIC OCEAN.
``The Secretary of State, in consultation with the
Secretary of Commerce and acting through the United States
Commissioners, shall seek, in cooperation with other nations
whose vessel fish for tuna in the eastern tropical Pacific
Ocean, to establish standards and measures for a bycatch
reduction program for vessels fishing for yellowfin tuna in
the eastern tropical Pacific Ocean. The bycatch reduction
program shall include measures--
[[Page H6676]]
``(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.
The SPEAKER pro tempore (during the reading). Without objection, the
Senate amendment will be considered as read and printed in the Record.
There was no objection.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New Jersey?
Mr. ABERCROMBIE. Mr. Speaker, reserving the right to object, I will
ask the gentleman from New Jersey to explain his request.
Mr. SAXTON. Mr. Speaker, will the gentleman yield?
Mr. ABERCROMBIE. I yield to the gentleman from New Jersey.
Mr. SAXTON. Mr. Speaker, I appreciate the gentleman's reservation in
order that we may discuss the history and the provisions of this bill.
Both the gentleman from Maryland [Mr. Gilchrest] and the gentleman from
California [Mr. Cunningham] have worked exceedingly hard both in the
House and in the Senate. That effort culminated just a few days ago
with a 99 to 0 vote in favor of this bill in the Senate. It simply
implements most of the provisions which we provided through the
Subcommittee on Fisheries Conservation, Wildlife and Oceans.
Subsequently, the Committee on Resources in this House in passage on
the floor here, it also implements the Panama Declaration to protect
dolphins and sea life. It is a conservation measure which is extremely
important to fishermen on the west coast. It is a compromise that was
reached with opponents of the bill, and although it is not perfect, I
believe it is a good bill and a bill that should be supported by
everyone in the Chamber this afternoon.
Mr. ABERCROMBIE. Further reserving the right to object, Mr. Speaker,
might I ask? I noticed that the gentleman from California [Mr.
Cunningham], who has been associated with this bill from the beginning
is on the floor and at the podium, and I would like to yield to him for
remarks he might make while I consider this reservation.
Mr. CUNNINGHAM. Mr. Speaker, will the gentleman yield?
Mr. ABERCROMBIE. I yield to the gentleman from California.
Mr. CUNNINGHAM. Mr. Speaker, I thank my friend from Hawaii, and we
have been friends for a long time, and what I would say is under the
same circumstances I probably would have objected also, just receiving
the information, not knowing what the bill was. The gentleman from
Maryland [Mr. Gilchrest] and myself have been following this thing day
by day, working with the senators from my State on the bill who had
objection to it originally. There were some agreements made on the
Senate side that I would have not wanted in the bill, but were placed
there. I, like the gentleman from New Jersey [Mr. Saxton] and my
colleague from Maryland, agree that in the best interests of the
country and of the safety of the tuna dolphin that it would be good to
pass and push on this bill.
After all, it was supported last Congress. It did not make it to the
Senate, it has gone through here, it has gone through the Senate, and I
believe the President has lobbied strongly for this bill and will sign
it, that we go forth and do that. And I thank my friend for not only
his patience, but for his consideration.
Mr. ABERCROMBIE. Mr. Speaker, in order for me to be able to
completely understand the situation and to have it on the record, may I
ask the gentleman from Maryland, under the bill as it is before us, the
conference bill as before us, does the dolphin-safe label change now?
Mr. GILCHREST. Mr. Speaker, will the gentleman yield?
Mr. ABERCROMBIE. I yield to the gentleman from Maryland.
Mr. GILCHREST. Mr. Speaker, the dolphin-safe label does not change
now from the way it is.
Mr. ABERCROMBIE. And what would be the earliest date that the label
could change? Would that be March of 1999?
Mr. GILCHREST. It will be 18 months after October 1997, whatever that
might be, March of 1999.
Mr. ABERCROMBIE. 18 months?
Mr. GILCHREST. Yes.
Mr. ABERCROMBIE. And could the gentleman explain the rationale for
those two answers?
Mr. GILCHREST. Mr. Speaker, the reason the label does not change
until March of 1999 is a compromise worked out on the Senate side to
pursue a very scientific study of what the dolphins go through under
this new regime.
Now if the scientific study shows that there is no stress as a result
of encirclement and other problems with the dolphins do not arise and
one can catch tuna fish by encircling them and releasing the dolphins,
if everything scientifically proves out within this 18-month period,
then the label will reflect that dolphins can be released without harm
in the process of encircling tuna fish and then the label will reflect
that.
Mr. ABERCROMBIE. So we will revisit the issue in 18 months at the
conclusion of the circumstances the gentleman from Maryland just
outlined?
Mr. GILCHREST. Mr. Speaker, I can assure the gentleman from Hawaii
that we will not only revisit this in 18 months, but that the gentleman
from California (Mr. Cunningham) and myself will visit this issue on a
very regular basis during the course of this study.
Mr. ABERCROMBIE. Mr. Speaker, I thank the gentleman from Maryland
very much.
Considering the answers, Mr. Speaker, I want to thank the gentleman
from California [Mr. Cunningham] and the gentleman from Maryland [Mr.
Gilchrest] and the gentleman from New Jersey [Mr. Saxton] for the
enumeration of the conditions and circumstances of the bill.
Mr. Speaker, as a result of the information I have received, I am
going to withdraw my reservation of objection.
Mr. GILCHREST. Mr. Speaker, will the gentleman yield just for a
second?
Mr. ABERCROMBIE. I yield to the gentleman from Maryland.
Mr. GILCHREST. Mr. Speaker, I would like to say that I have enjoyed
working this bill with the gentleman from New Jersey [Mr. Saxton], the
gentleman from California [Mr. Cunningham], certainly the Members of
the Senate, but I hold the gentleman from Hawaii in high esteem for his
seriousness in legislation that comes out of this body.
Mr. MILLER of California. Mr. Speaker, the bill we are considering
today--H.R. 408, the International Dolphin Conservation Program Act, as
amended by S. 39--is a compromise. Normally, we would consider
compromise to be the backbone of the way the congressional process
works: Members with various viewpoints, representing very different
constituencies from Maine to California, working to find the common
ground that is necessary to national legislation.
Unfortunately, this compromise represents something very different.
We are brought to this point by pressure from a foreign government, and
that is not the way this institution should function.
This is not a bill to which I can lend enthusiastic support, although
I will vote for it. I believe that, overall, this compromise represents
a far better deal for dolphins than they would have received under the
bill originally passed by the House, and that is due primarily to the
untiring efforts and the commitment of Senator
[[Page H6677]]
Barbara Boxer of California, who wrote the original dolphin protection
law in 1990 and who has stood up to those on both sides of the Rio
Grande who have sought to weaken that law.
We vigorously opposed an immediate change in the Dolphin-safe label,
as was sought by Mexico and by the Administration, because there is a
great deal of concern within the scientific community that the kind of
fishing sanctioned by this bill will cause serious harm to dolphins. We
insisted that an impartial scientific study be conducted to determine
whether, as asserted, it is now possible to fish with purse seine nets
and not harm dolphins.
I am therefore pleased to see that on this key point, we have been
successful by requiring a three-year study on the impacts of chasing
and netting on dolphin populations. Neither I nor the scientists I have
consulted are comfortable with an automatic change in the meaning of
``dolphin safe'' after only 1 year of study unless the Secretary
determines that chasing and netting dolphins has a significant adverse
impact on the animals.
The scientists tell us that these dolphin populations should be
growing at 4-6 percent annually, and that anything else should be
considered a significant adverse impact. I assume the Secretary will
base his decision on objective, independent scientific advice and not
succumb to political pressure.
However, this bill now contains new language--not previously reviewed
by the House and not subject to any hearings in either House or
Senate--which, in my view, sets a dangerous precedent for the future of
eco-labeling.
The language of this bill appears to exempt the government-defined
``dolphin safe'' label from FTC standards on truth in labeling. This
language prohibits American citizens from suing the federal government
over the accuracy and truthfulness of the label that purports to
signify ``dolphin safe'' tuna.
The bill technically allows the use of labels other than the
government label, which I support, but then contains a plethora of
provisions and restrictions designed to ensure that competing labels
will be all but impossible to use.
This bill requires the Secretary to make a determination on whether
the use of other labels is ``substantially undermining the conservation
goals of the International Dolphin Conservation Program,'' and to then
recommend to the Congress how to ``correct such problems''. It also
contains a provision--added to the last minute at the insistence of
tuna companies--making it a violation of the Federal Trade Commission
Act to ``use a label in a campaign or effort to mislead or deceive
consumers about the level of protection afforded to dolphins under the
International Dolphin Conservation Program Act.''
To my knowledge, no other provision of law contains such extensive
limitations on the right of the American consumer to know the impacts
of their purchases on the environment or anything else, and I am
extremely uncomfortable about setting this precedent at a time when
eco-labeling or other labeling efforts are under tremendous fire from
global big business, without hearings or time to determine the exact
extent of these limitations.
I intend to remain very engaged over the next 18 months as we
undertake the study to determine the safety of purse seine nets on
dolphins, and I know there are many outside Congress who will be
watching this study, too. I expect that those who will engage in the
study will utilize scrupulous scientific standards, and that the
recommendations that result from the study will be scientifically sound
rather than motivated by political or trade considerations.
Lastly, let me say that those of us who will be called upon to cast
votes in the near future on fast track trade authority or on the
expansion of NAFTA and other trade agreements would do well to study
the history of this legislation. If there ever was a question that
environmental and labor standards should be included as integral
components of such agreements, not as side agreement afterthoughts,
this legislation provides a clear example of why such provisions should
be incorporated.
This legislation is the result of foreign governments telling
American consumers and the U.S. Congress that we--and only we--must
weaken our domestic product labeling laws because of this international
agreement--an agreement, I might add, that not one person in this
Congress had any role in drafting or approving. Trade and foreign
demands are the engines of this legislation; sound science, mammal
protection, consumer information all are being sacrificed on the
almighty altar of free trade.
This goes far beyond the issue of tuna and dolphins. It goes to the
issue of who makes the laws and the rules that govern this country and
our constituents. Do we make decisions based on fact and science, or on
the demands of foreign economic competitors?
The best reason to vote for this legislation is that, should this
shaky compromise fail, a far worse version is waiting in the wings and
undoubtedly will pass. In fact, there is some indication that the
Mexican Government is already looking to weaken even this compromise.
So, I thank Senator Boxer and Senators Biden and Smith for their
efforts to make this bill less onerous, and I pledge to work with them
in the coming year and a half to monitor the study that will determine
how the label is to be written in the future.
Mr. ABERCROMBIE. Mr. Speaker, I withdraw my reservation of objection.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New Jersey.
There was no objection.
A motion to reconsider was laid on the table.
____________________