[House Report 104-665]
[From the U.S. Government Publishing Office]



104th Congress                                            Rept. 104-665
                        HOUSE OF REPRESENTATIVES

 2d Session                                                      Part 1
_______________________________________________________________________


 
             INTERNATIONAL DOLPHIN CONSERVATION PROGRAM ACT
                                _______
                                

                 July 10, 1996.--Ordered to be printed

                                _______
                                

  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                             together with

               DISSENTING AND ADDITIONAL DISSENTING VIEWS

                        [To accompany H.R. 2823]

_______________________________________________________________________


      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 2823) 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, 
having considered the same, report favorably thereon with an 
amendment and recommend that the bill as amended do pass.
  The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE; REFERENCES.

  (a) Short Title.--This Act may be cited as the ``International 
Dolphin Conservation Program Act''.
  (b) References to Marine Mammal Protection Act.--Except as otherwise 
expressly provided, whenever in this Act an amendment or repeal is 
expressed in terms of an amendment to, or repeal of, a section or other 
provision, the reference shall be considered to be made to a section or 
other provision of the Marine Mammal Protection Act of 1972 (16 U.S.C. 
1361 et seq.).

SEC. 2. PURPOSE AND FINDINGS.

  (a) Purpose.--The purposes of this Act are--
          (1) to give effect to the Declaration of Panama, signed 
        October 4, 1995, by the Governments of Belize, Colombia, Costa 
        Rica, Ecuador, France, Honduras, Mexico, Panama, Spain, the 
        United States of America, Vanuatu, and Venezuela, including the 
        establishment of the International Dolphin Conservation 
        Program, relating to the protection of dolphins and other 
        species, and the conservation and management of tuna in the 
        eastern tropical Pacific Ocean;
          (2) to recognize that nations fishing for tuna in the eastern 
        tropical Pacific Ocean have achieved significant reductions in 
        dolphin mortality associated with that fishery; and
          (3) to eliminate the ban on imports of tuna from those 
        nations that are in compliance with the International Dolphin 
        Conservation Program.
  (b) Findings.--The Congress finds the following:
          (1) The nations that fish for tuna in the eastern tropical 
        Pacific Ocean have reduced dolphin mortalities associated with 
        that 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.

SEC. 3. DEFINITIONS.

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

SEC. 4. AMENDMENTS TO TITLE I.

  (a) Authorization for Incidental Taking.--Section 101(a)(2) (16 
U.S.C. 1371(a)(2)) is amended as follows:
          (1) By inserting after the first sentence ``Such 
        authorizations may also be granted under title III with respect 
        to the yellowfin tuna fishery of the eastern tropical Pacific 
        Ocean, subject to regulations prescribed under that title by 
        the Secretary without regard to section 103.''.
          (2) By striking the semicolon in the second sentence and all 
        that follows through ``practicable''.
  (b) Documentary Evidence.--Section 101(a) (16 U.S.C. 1371(a)) is 
amended by striking so much of paragraph (2) as follows subparagraph 
(A) and as precedes subparagraph (C) and inserting:
                  ``(B) in the case of yellowfin tuna harvested with 
                purse seine nets in the eastern tropical Pacific Ocean, 
                and products therefrom, to be exported to the United 
                States, shall require that the government of the 
                exporting nation provide documentary evidence that--
                          ``(i) the tuna or products therefrom were not 
                        banned from importation under this paragraph 
                        before the effective date of the International 
                        Dolphin Conservation Program Act;
                          ``(ii) the tuna or products therefrom were 
                        harvested after the effective date of the 
                        International Dolphin Conservation Program Act 
                        by vessels of a nation which participates in 
                        the International Dolphin Conservation Program, 
                        such harvesting nation is either a member of 
                        the Inter-American Tropical Tuna Commission or 
                        has initiated (and within 6 months thereafter 
                        completed) all steps (in accordance with 
                        article V, paragraph 3 of the Convention 
                        establishing the Inter-American Tropical Tuna 
                        Commission) necessary to become a member of 
                        that organization, or the Inter-American 
                        Tropical Tuna Commission, whichever is 
                        appropriate, and such harvesting nation has 
                        implemented the obligations of the 
                        International Dolphin Conservation Program and 
                        the obligations of that member as member of the 
                        Inter-American Tropical Tuna Commission;
                          ``(iii) the total dolphin mortality permitted 
                        under the International Dolphin Conservation 
                        Program will not exceed 5,000 in 1996, or in 
                        any year thereafter, consistent with the 
                        commitment and objective of progressively 
                        reducing dolphin mortality to levels 
                        approaching zero through the setting of annual 
                        limits and the goal of eliminating dolphin 
                        mortality; and
                          ``(iv) the tuna or products therefrom were 
                        harvested after the effective date of the 
                        International Dolphin Conservation Program Act 
                        by vessels of a nation which participates in 
                        the International Dolphin Conservation Program, 
                        and such harvesting nation has not vetoed the 
                        participation by any other nation in such 
                        Program.''.
  (c) Acceptance of Evidence Coverage.--Section 101 (16 U.S.C. 1371) is 
amended by adding at the end the following new subsections:
  ``(d) Acceptance of Documentary Evidence.--The Secretary shall not 
accept documentary evidence referred to in section 101(a)(2)(B) as 
satisfactory proof for purposes of section 101(a)(2) if--
          ``(1) the government of the harvesting nation does not 
        authorize the Inter-American Tropical Tuna Commission to 
        release sufficient information to the Secretary to allow a 
        determination of compliance with the International Dolphin 
        Conservation Program; or
          ``(2) after taking into consideration this information, 
        findings of the Inter-American Tropical Tuna Commission, and 
        any other relevant information, including but not limited to 
        information that a nation is consistently failing to take 
        enforcement actions on violations which diminish the 
        effectiveness of the International Dolphin Conservation 
        Program, the Secretary, in consultation with the Secretary of 
        State, finds that the harvesting nation is not in compliance 
        with the International Dolphin Conservation Program.
  ``(e) Exemption.--The provisions of this Act shall not apply to a 
citizen of the United States when such citizen incidentally takes any 
marine mammal during fishing operations outside the United States 
exclusive economic zone (as defined in section 3(6) of the Magnuson 
Fishery Conservation and Management Act (16 U.S.C. 1802(6))) when 
employed on a foreign fishing vessel of a harvesting nation which is in 
compliance with the International Dolphin Conservation Program.''.
  (d) Annual Permits.--Section 104(h) is amended to read as follows:
  ``(h) Annual Permits.--(1) Consistent with the regulations prescribed 
pursuant to section 103 and the requirements of section 101, the 
Secretary may issue an annual permit to a United States vessel for the 
taking of such marine mammals, together with regulations to cover the 
use of any such annual permits.
  ``(2) Annual permits described in paragraph (1) for the incidental 
taking of marine mammals in the course of commercial purse seine 
fishing for yellowfin tuna in the eastern tropical Pacific Ocean shall 
be governed by section 304, subject to the regulations issued pursuant 
to section 302.''.
  (e) Revisions and Funding Sources.--Section 108(a)(2) (16 U.S.C. 
1378(a)(2)) is amended as follows:
          (1) By striking ``and'' at the end of subparagraph (A).
          (2) By adding at the end the following:
                  ``(C) discussions to expeditiously negotiate 
                revisions to the Convention for the Establishment of an 
                Inter-American Tropical Tuna Commission (1 UST 230, 
                TIAS 2044) which will incorporate conservation and 
                management provisions agreed to by the nations which 
                have signed the Declaration of Panama; and
                  ``(D) discussions with those countries likely to 
                participate in the International Dolphin Conservation 
                Program, to identify alternative sources of funds to 
                ensure that needed research and other measures 
                benefiting effective protection of dolphins, other 
                marine species, and the marine ecosystem;''.
  (f) Repeal of NAS Review.--Section 110 (16 U.S.C. 1380) is amended as 
follows:
          (1) By redesignating subsection (a)(1) as subsection (a).
          (2) By striking subsection (a)(2).
  (g) Labeling of Tuna Products.--Paragraph (1) of section 901(d) of 
the Dolphin Protection Consumer Information Act (16 U.S.C. 1385(d)(1)) 
is amended to read as follows:
  ``(1) It is a violation of section 5 of the Federal Trade Commission 
Act for any producer, importer, exporter, distributor, or seller of any 
tuna product that is exported from or offered for sale in the United 
States to include on the label of that product the term `Dolphin Safe' 
or any other term or symbol that falsely claims or suggests that the 
tuna contained in the product was harvested using a method of fishing 
that is not harmful to dolphins if the product contains any of the 
following:
          ``(A) Tuna harvested on the high seas by a vessel engaged in 
        driftnet fishing.
          ``(B) Tuna harvested in the eastern tropical Pacific Ocean by 
        a vessel using purse seine nets unless the tuna is considered 
        dolphin safe under paragraph (2).
          ``(C) Tuna harvested outside the eastern tropical Pacific 
        Ocean by a vessel using purse seine nets unless the tuna is 
        considered dolphin safe under paragraph (3).
          ``(D) Tuna harvested by a vessel engaged in any other fishery 
        with a regular and significant incidental mortality of marine 
        mammals.''.
  (h) Dolphin Safe Tuna.--(1) Paragraph (2) of section 901(d) of the 
Dolphin Protection Consumer Information Act (16 U.S.C. 1385(d)(2)) is 
amended to read as follows:
  ``(2)(A) For purposes of paragraph (1)(B), a tuna product that 
contains tuna harvested in the eastern tropical Pacific Ocean by a 
vessel using purse seine nets is dolphin safe if the vessel is of a 
type and size that the Secretary has determined, consistent with the 
International Dolphin Conservation Program, is not capable of deploying 
its purse seine nets on or to encircle dolphins, or if the product 
meets the requirements of subparagraph (B).
  ``(B) For purposes of paragraph (1)(B), a tuna product that contains 
tuna harvested in the eastern tropical Pacific Ocean by a vessel using 
purse seine nets is dolphin safe if the product is accompanied by a 
written statement executed by the captain of the vessel which harvested 
the tuna certifying that no dolphins were killed during the sets in 
which the tuna were caught and the product is accompanied by a written 
statement executed by--
          ``(i) the Secretary or the Secretary's designee;
          ``(ii) a representative of the Inter-American Tropical Tuna 
        Commission; or
          ``(iii) an authorized representative of a participating 
        nation whose national program meets the requirements of the 
        International Dolphin Conservation Program,
which states that there was an observer approved by the International 
Dolphin Conservation Program on board the vessel during the entire trip 
and documents that no dolphins were killed during the sets in which the 
tuna concerned were caught.
  ``(C) The statements referred to in clauses (i), (ii), and (iii) of 
subparagraph (B) shall be valid only if they are endorsed in writing by 
each exporter, importer, and processor of the product, and if such 
statements and endorsements comply with regulations promulgated by the 
Secretary which would provide for the verification of tuna products as 
dolphin safe.''.
  (2) Subsection (d) of section 901 of the Dolphin Protection Consumer 
Information Act (16 U.S.C. 1385(d)) is amended by adding the following 
new paragraphs at the end thereof:
  ``(3) For purposes of paragraph (1)(C), tuna or a tuna product that 
contains tuna harvested outside the eastern tropical Pacific Ocean by a 
vessel using purse seine nets is dolphin safe if--
          ``(A) it is accompanied by a written statement executed by 
        the captain of the vessel certifying that no purse seine net 
        was intentionally deployed on or to encircle dolphins during 
        the particular voyage on which the tuna was harvested; or
          ``(B) in any fishery in which the Secretary has determined 
        that a regular and significant association occurs between 
        marine mammals and tuna, it is accompanied by a written 
        statement executed by the captain of the vessel and an 
        observer, certifying that no purse seine net was intentionally 
        deployed on or to encircle marine mammals during the particular 
        voyage on which the tuna was harvested.
  ``(4) For purposes of paragraph (1)(D), tuna or a tuna product that 
contains tuna harvested in a fishery identified by the Secretary as 
having a regular and significant incidental mortality or serious injury 
of marine mammals is dolphin safe if it is accompanied by a written 
statement executed by the captain of the vessel and an observer 
participating in a national or international program acceptable to the 
Secretary certifying that no marine mammals were killed in the course 
of the fishing operation or operations in which the tuna were caught.
  ``(5) No tuna product may be labeled with any reference to dolphins, 
porpoises, or marine mammals, unless such product is labeled as dolphin 
safe in accordance with this subsection.''.
  (i) Tracking and Verification.--Subsection (f) of section 901 of the 
Dolphin Protection Consumer Information Act (16 U.S.C. 1385(f)) is 
amended to read as follows:
  ``(f) Tracking and Verification.--The Secretary, in consultation with 
the Secretary of the Treasury, shall issue regulations to implement 
subsection (d) not later than 3 months after the date of enactment of 
the International Dolphin Conservation Program Act. Such regulations 
shall, consistent with international efforts and in coordination with 
the Inter-American Tropical Tuna Commission, establish a domestic and 
international tracking and verification program that provides for the 
effective tracking of tuna labeled under subsection (d), including but 
not limited to each of the following:
          ``(1) Specific regulations and provisions addressing the use 
        of weight calculation.
          ``(2) Additional measures to enhance observer coverage if 
        necessary.
          ``(3) Well location and procedures for monitoring, 
        certifying, and sealing holds above and below deck or other 
        equally effective methods of tracking and verifying tuna 
        labeled under subsection (d).
          ``(4) Reporting receipt of and database storage of radio and 
        facsimile transmittals from fishing vessels containing 
        information related to the definition of sets.
          ``(5) Shore-based verification and tracking throughout the 
        transshipment and canning process.
          ``(6) Provisions for annual audits for caught, landed, and 
        processed tuna products labeled in accordance with subsection 
        (d).
The Secretary, when developing these regulations, shall establish 
appropriate procedures for ensuring the confidentiality of proprietary 
information either mandated or submitted voluntarily.''.

SEC. 5. AMENDMENTS TO TITLE III.

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

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

  (b) Findings.--Section 301 (16 U.S.C. 1411) is amended as follows:
          (1) In subsection (a), by amending paragraph (4) to read as 
        follows:
          ``(4) Nations harvesting yellowfin tuna in the eastern 
        tropical Pacific Ocean have demonstrated their willingness to 
        participate in appropriate multilateral agreements to reduce, 
        with the goal of eliminating, dolphin mortality in that 
        fishery. Recognition of the International Dolphin Conservation 
        Program will assure that the existing trend of reduced dolphin 
        mortality continues; that individual stocks of dolphins are 
        adequately protected; and that the goal of eliminating all 
        dolphin mortality continues to be a priority.''.
          (2) In subsection (b), by amending paragraphs (2) and (3) to 
        read as follows:
          ``(2) support the International Dolphin Conservation Program 
        and efforts within the Program to reduce, with the goal of 
        eliminating, the mortality referred to in paragraph (1);
          ``(3) ensure that the market of the United States does not 
        act as an incentive to the harvest of tuna caught with 
        driftnets or caught by purse seine vessels in the eastern 
        tropical Pacific Ocean that are not operating in compliance 
        with the International Dolphin Conservation Program;''.
  (c) International Dolphin Conservation Program.--Section 302 (16 
U.S.C. 1412) is amended to read as follows:

``SEC. 302. AUTHORITY OF THE SECRETARY.

  ``(a) Regulations To Implement Program Regulations.--(1) The 
Secretary shall issue regulations to implement the International 
Dolphin Conservation Program.
  ``(2)(A) Not later than 3 months after the date of enactment of this 
section, the Secretary shall issue regulations to authorize and govern 
the incidental taking of marine mammals in the eastern tropical Pacific 
Ocean, including any species of marine mammal designated as depleted 
under this Act but not listed as endangered or threatened under the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), by vessels of 
the United States participating in the International Dolphin 
Conservation Program.
  ``(B) Regulations issued under this section shall include 
provisions--
          ``(i) requiring observers on each vessel;
          ``(ii) requiring use of the backdown procedure or other 
        procedures equally or more effective in avoiding mortality of 
        marine mammals in fishing operations;
          ``(iii) prohibiting intentional deployment of nets on, or 
        encirclement of, dolphins in violation of the International 
        Dolphin Conservation Program;
          ``(iv) requiring the use of special equipment, including 
        dolphin safety panels in nets, ocean current sensors or 
        monitoring devices, as practicable, to detect unsafe fishing 
        conditions before nets are deployed by a tuna vessel, operable 
        rafts, speedboats with towing bridles, floodlights in operable 
        condition, and diving masks and snorkels;
          ``(v) ensuring that the backdown procedure during the 
        deployment of nets on, or encirclement of, dolphins is 
        completed and rolling of the net to sack up has begun no later 
        than 30 minutes after sundown;
          ``(vi) banning the use of explosive devices in all purse 
        seine operations;
          ``(vii) establishing per vessel maximum annual dolphin 
        mortality limits, total dolphin mortality limits and per-stock 
        per-year mortality limits, in accordance with the International 
        Dolphin Conservation Program;
          ``(viii) preventing the intentional deployment of nets on, or 
        encirclement of, dolphins after reaching either the vessel 
        maximum annual dolphin mortality limits, total dolphin 
        mortality limits, or per-stock per-year mortality limits;
          ``(ix) preventing the fishing on dolphins by a vessel without 
        an assigned vessel dolphin mortality limit;
          ``(x) allowing for the authorization and conduct of 
        experimental fishing operations, under such terms and 
        conditions as the Secretary may prescribe, for the purpose of 
        testing proposed improvements in fishing techniques and 
        equipment (including new technology for detecting unsafe 
        fishing conditions before nets are deployed by a tuna vessel) 
        that may reduce or eliminate dolphin mortality or do not 
        require the encirclement of dolphins in the course of 
        commercial yellowfin tuna fishing;
          ``(xi) authorizing fishing within the area covered by the 
        International Dolphin Conservation Program by vessels of the 
        United States without the use of special equipment or nets if 
        the vessel takes an observer and does not intentionally deploy 
        nets on, or encircle, dolphins, under such terms and conditions 
        as the Secretary may prescribe; and
          ``(xii) containing such other restrictions and requirements 
        as the Secretary determines are necessary to implement the 
        International Dolphin Conservation Program with respect to 
        vessels of the United States.
  ``(C) The Secretary may make such adjustments as may be appropriate 
to the requirements of subparagraph (B) that pertain to fishing gear, 
vessel equipment, and fishing practices to the extent the adjustments 
are consistent with the International Dolphin Conservation Program.
  ``(b) Consultation.--In developing regulations under this section, 
the Secretary shall consult with the Secretary of State, the Marine 
Mammal Commission and the United States Commissioners to the Inter-
American Tropical Tuna Commission appointed under section 3 of the Tuna 
Conventions Act of 1950 (16 U.S.C. 952).
  ``(c) Emergency Regulations.--(1) If the Secretary determines, on the 
basis of the best scientific information available (including that 
obtained under the International Dolphin Conservation Program) that the 
incidental mortality and serious injury of marine mammals authorized 
under this title is having, or is likely to have, a significant adverse 
effect on a marine mammal stock or species, the Secretary shall take 
actions as follows--
          ``(A) notify the Inter-American Tropical Tuna Commission of 
        the Secretary's findings, along with recommendations to the 
        Commission as to actions necessary to reduce incidental 
        mortality and serious injury and mitigate such adverse impact; 
        and
          ``(B) prescribe emergency regulations to reduce incidental 
        mortality and serious injury and mitigate such adverse impact.
  ``(2) Prior to taking action under paragraph (1) (A) or (B), the 
Secretary shall consult with the Secretary of State, the Marine Mammal 
Commission, and the United States Commissioners to the Inter-American 
Tropical Tuna Commission.
  ``(3) Emergency regulations prescribed under this subsection--
          ``(A) shall be published in the Federal Register, together 
        with an explanation thereof; and
          ``(B) shall remain in effect for the duration of the 
        applicable fishing year; and
The Secretary may terminate such emergency regulations at a date 
earlier than that required by subparagraph (B) by publication in the 
Federal Register of a notice of termination, if the Secretary 
determines that the reasons for the emergency action no longer exist.
  ``(4) If the Secretary finds that the incidental mortality and 
serious injury of marine mammals in the yellowfin tuna fishery in the 
eastern tropical Pacific Ocean is continuing to have a significant 
adverse impact on a stock or species, the Secretary may extend the 
emergency regulations for such additional periods as may be necessary.
  ``(d) Research.--The Secretary shall, in cooperation with the nations 
participating in the International Dolphin Conservation Program and 
with the Inter-American Tropical Tuna Commission, undertake or support 
appropriate scientific research to further the goals of the 
International Dolphin Conservation Program. Such research may include 
but shall not be limited to any of the following:
          ``(1) Devising cost-effective fishing methods and gear so as 
        to reduce, with the goal of eliminating, the incidental 
        mortality and serious injury of marine mammals in connection 
        with commercial purse seine fishing in the eastern tropical 
        Pacific Ocean.
          ``(2) Developing cost-effective methods of fishing for mature 
        yellowfin tuna without deployment of nets on, or encirclement 
        of, dolphins or other marine mammals.
          ``(3) Carrying out a stock assessment as described in section 
        117 for those marine mammal species and stocks taken in the 
        purse seine fishery for yellowfin tuna in the eastern tropical 
        Pacific Ocean, including species or stocks not within waters 
        under the jurisdiction of the United States.
          ``(4) Studying the effects of chase and encirclement on the 
        health and biology of dolphin and individual dolphin 
        populations incidentally taken in the course of purse seine 
        fishing for yellowfin tuna in the eastern tropical Pacific 
        Ocean. There are authorized to be appropriated to the 
        Department of Commerce $1,000,000 to be used by the Secretary, 
        acting through the National Marine Fisheries Service, to carry 
        out this paragraph. Upon completion of the study, the Secretary 
        shall submit a report containing the results of the study, 
        together with recommendations, to the Congress and to the 
        Inter-American Tropical Tuna Commission.
          ``(5) Determining the extent to which the incidental take of 
        nontarget species, including juvenile tuna, occurs in the 
        course of purse seine fishing for yellowfin tuna in the eastern 
        tropical Pacific Ocean, the geographic location of the 
        incidental take, and the impact of that incidental take on tuna 
        stocks, and nontarget species.
The Secretary shall include a description of the annual results of 
research carried out under this subsection in the report required under 
section 303.''.
  (d) Reports.--Section 303 (16 U.S.C. 1414) is amended to read as 
follows:

``SEC. 303. REPORTS BY THE SECRETARY.

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

``SEC. 304. PERMITS.

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

        ``TITLE III--INTERNATIONAL DOLPHIN CONSERVATION PROGRAM

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

SEC. 6. AMENDMENTS TO THE TUNA CONVENTIONS ACT.

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

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

  ``The Secretary, in consultation with the United States 
Commissioners, shall:
          ``(1) Appoint a General Advisory Committee which shall be 
        composed of not less than 5 nor more than 15 persons with 
        balanced representation from the various groups participating 
        in the fisheries included under the conventions, and from 
        nongovernmental conservation organizations. The General 
        Advisory Committee shall be invited to have representatives 
        attend all nonexecutive meetings of the United States sections 
        and shall be given full opportunity to examine and to be heard 
        on all proposed programs of investigations, reports, 
        recommendations, and regulations of the commission. The General 
        Advisory Committee may attend all meetings of the international 
        commissions to which they are invited by such commissions.
          ``(2) Appoint a Scientific Advisory Subcommittee which shall 
        be composed of not less than 5 nor more than 15 qualified 
        scientists with balanced representation from the public and 
        private sectors, including nongovernmental conservation 
        organizations. The Scientific Advisory Subcommittee shall 
        advise the General Advisory Committee and the Commissioners on 
        matters including the conservation of ecosystems; the 
        sustainable uses of living marine resources related to the tuna 
        fishery in the eastern Pacific Ocean; and the long-term 
        conservation and management of stocks of living marine 
        resources in the eastern tropical Pacific Ocean. In addition, 
        the Scientific Advisory Subcommittee shall, as requested by the 
        General Advisory Committee, the United States Commissioners or 
        the Secretary, perform functions and provide assistance 
        required by formal agreements entered into by the United States 
        for this fishery, including the International Dolphin 
        Conservation Program. These functions may include each of the 
        following:
                  ``(A) The review of data from the Program, including 
                data received from the Inter-American Tropical Tuna 
                Commission.
                  ``(B) Recommendations on research needs, including 
                ecosystems, fishing practices, and gear technology 
                research, including the development and use of 
                selective, environmentally safe and cost-effective 
                fishing gear, and on the coordination and facilitation 
                of such research.
                  ``(C) Recommendations concerning scientific reviews 
                and assessments required under the Program and 
                engaging, as appropriate, in such reviews and 
                assessments.
                  ``(D) Consulting with other experts as needed.
                  ``(E) Recommending measures to assure the regular and 
                timely full exchange of data among the parties to the 
                Program and each nation's National Scientific Advisory 
                Committee (or equivalent).
          ``(3) Establish procedures to provide for appropriate public 
        participation and public meetings and to provide for the 
        confidentiality of confidential business data. The Scientific 
        Advisory Subcommittee shall be invited to have representatives 
        attend all nonexecutive meetings of the United States sections 
        and the General Advisory Subcommittee and shall be given full 
        opportunity to examine and to be heard on all proposed programs 
        of scientific investigation, scientific reports, and scientific 
        recommendations of the commission. Representatives of the 
        Scientific Advisory Subcommittee may attend meetings of the 
        Inter-American Tropical Tuna Commission in accordance with the 
        rules of such Commission.
          ``(4) Fix the terms of office of the members of the General 
        Advisory Committee and Scientific Advisory Subcommittee, who 
        shall receive no compensation for their services as such 
        members.''.

SEC. 7. EQUITABLE FINANCIAL CONTRIBUTIONS.

  It is the sense of the Congress that each nation meeting the 
comparability requirements under section 101(a)(2)(B) of the Marine 
Mammal Protection Act of 1972, as amended by this Act, should 
contribute an equitable amount to the expenses of the Inter-American 
Tropical Tuna Commission. Such contributions shall be proportionate to 
the number of purse seine vessels from that nation fishing for tuna in 
the eastern tropical Pacific Ocean.

SEC. 8. EFFECTIVE DATE.

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

                          Purpose of the Bill

    The purposes of H.R. 2823 are to legislatively implement in 
domestic law the Declaration of Panama, to recognize that 
significant reduction in dolphin mortality have been achieved 
by nations fishing for tuna in the eastern tropical Pacific 
Ocean, and to eliminate import bans on tuna from those nations 
that are certified to be in compliance with the International 
Dolphin Conservation Program.

                  Background and Need for Legislation

    There are many fishing experts who believe that the eastern 
tropical Pacific Ocean (ETP), an area of more than five million 
square miles and stretching from southern California to Chile, 
contains one of the world's most important fisheries. It is 
here that large and valuable stocks of yellowfin tuna (Thunnus 
albacores) reside. Development of this fishery began in the 
early 1900s, mostly by baitboats from the United States. By the 
1950s, however, the United States fleet was suffering economic 
hardship due to foreign competition and the low efficiency of 
baitboat fishing. Efficiency more than doubled in 1957, when 
the first U.S. baitboat was converted to purse-seine fishing, 
making use of newly developed synthetic nets and power blocks 
(a mechanism used to retrieve the net). Within a few years, all 
the baitboats had been converted to purse-seine vessels.
    In the mid-1970s, the U.S. fleet consisted of more than 150 
vessels and accounted for about 70 percent of the fishing 
capacity in the ETP. Since then, the fleet has steadily 
decreased due to foreign competition and increasing regulatory 
pressures, and now has largely been replaced by foreign fleets. 
While the U.S. fleet was at 106 vessels in 1976, by 1993 only 
eight vessels remained, while the foreign fleet increased to 
about 89 vessels.
    For unknown reasons, schools of large yellowfin tuna 
associate with schools of dolphins. By sighting the surfacing 
dolphins, fishermen are able to locate these large tuna. Since 
the late 1950s, fishermen have deployed large purse-seine nets 
around schools of dolphins to harvest the tuna swimming below, 
a routine referred to as ``fishing on dolphins,'' or ``setting 
on dolphins''. Fishermen now use improved techniques for 
hauling in the net that allows the encircled dolphins to escape 
by swimming over the upper edge of the net, but occasionally 
some become tangled in the net and are seriously injured or 
killed. This mortality of dolphins and the biological, 
economic, and political effects of programs developed to reduce 
dolphin mortality has been the subject of considerable debate 
over the years.
    The yearly catch of yellowfin tuna in the ETP is greater 
than 300,000 short tons (600 million pounds) and, according to 
Inter-American Tropical Tuna Commission (IATTC) reports, the 
stock is capable of sustaining harvests at this level. Tuna 
caught by purse-seine ``setting on dolphins'' average 45 pounds 
per fish, are approximately 2.5 years old, and about half the 
fish are at spawning maturity. These large fish command a 
premium price and are of a superior quality compared with tuna 
caught by other harvest methods.
    By catching tuna with the ``setting on dolphin'' fishing 
method, one of the interesting side effects is the lack of 
bycatch of other species. During the early history of this 
fishery, the dolphin mortality was estimated at 350,000 animals 
per year, but it is more likely that about half that number 
were actually killed. In recent years, great improvements have 
been realized in releasing the dolphins using a technique known 
as the ``backing down procedure''. This technique allows the 
back edge of the net to sink below the surface and allows the 
dolphins to swim out of the net. The current level of dolphin 
mortality is less than 4,000 animals per year, a level 
considered to be below biological significance.
    As an alternative to ``setting on dolphins'', other methods 
of fishing include setting nets around tuna that have been 
attracted to floating objects (``log fishing'') or around free 
swimming schools of fish (``school fishing''). While these 
methods almost totally eliminate dolphin mortality, they may 
have other negative aspects. Recent studies of ``log fishing'' 
have shown that approximately 25 percent (by weight) of the 
harvest is bycatch. This bycatch consists of many species 
including, most significantly, billfish, sea turtles, sharks 
and immature yellowfin tuna. These juvenile tuna are dead by 
the time they are returned to the sea and this loss of a great 
number of immature tuna is considered, by some, to be a serious 
threat to sustaining population in the future. Also, compared 
to ``setting on dolphins'', the catch per day is significantly 
less, the average weight per fish is much lower, the proportion 
of the smaller and less valuable skipjack tuna in the catch is 
greater, and the catch brings a significantly lower price.
    While a few U.S. vessels continue to fish for tuna in the 
ETP using methods other than ``setting on dolphins'', the 
majority of the vessels in the U.S. fleet have either been sold 
or reflagged under Central and South American registries or 
have moved to the western Pacific fishery where mid-depth 
trawling is the preferred method and is considered ``dolphin-
safe'' under current U.S. law. Currently, the canned tuna 
market in the U.S. is served primarily from this fishery where 
the catch is largely skipjack tuna.
    In addition to the effects on the number of U.S. vessels 
remaining in the fishery, those U.S. vessels which decided to 
leave the fishery and move to the western Pacific Ocean 
incurred costs amounted to almost $1 million per vessel to 
regear for the fishery. Those vessels remaining in the fishery 
had been led to believe that the increase in market price for 
the tuna caused by consumer interest in the new ``dolphin 
safe'' label would make up for their reduced harvest. 
Unfortunately, sale of canned tuna in the U.S. dropped 20 to 25 
percent since 1990.

     Domestic Law Protecting Dolphins from Effects of Tuna Fishing

    The Marine Mammal Protection Act (MMPA) was enacted in 1972 
to protect marine mammals from the adverse effects of human 
activities. The law states in section 101(a)(2) that ``marine 
mammals may be taken incidentally in the course of commercial 
fishing operations * * *'' and ``in any event it shall be the 
immediate goal that the incidental kill or incidental serious 
injury of marine mammals permitted in the course of commercial 
fishing operations be reduced to insignificant levels 
approaching a zero mortality and serious injury rate. * * *''
    During the 1984 reauthorization of the MMPA, the U.S. tuna 
industry and the environmental community raised concerns that 
the progress realized by the U.S. fleet in reducing dolphin 
mortality was being undermined by increased mortalities 
occurring in the foreign tuna fleet. Because the U.S. was the 
largest market for canned tuna, the MMPA was amended to require 
each nation wishing to export tuna to the U.S. to document that 
their adopted dolphin protection program was ``comparable'' to 
that of the U.S. and that the incidental mortality rate was 
``comparable'' to that of the U.S. fleet. Without this 
documentation, an automatic embargo on the importation of 
yellowfin tuna would be invoked. The U.S. also prevented the 
export of tuna from those nations not meeting the comparability 
standard through third parties or ``intermediary'' nations.
    The 1984 MMPA ``comparable'' amendments were not 
implemented until March of 1988 and, in the interim, dolphin 
mortality by foreign fleets increased steadily. In response, 
the MMPA was further amended in 1988, affecting both the U.S. 
fleet and foreign-flagged tuna fleets. These amendments 
included a prohibition on setting nets on dolphins at sundown, 
allowing the use of only the weakest explosive devices for 
herding dolphins and tuna, and the establishment of a skipper 
performance system.
    In addition, the 1988 MMPA amendments gave specific 
guidance as to when a foreign dolphin protection program would 
be considered ``comparable'' to that of the United States. This 
guidance included remedial training for skippers with poor 
performance records, regulations comparable to those for U.S. 
vessels, and an observer program comparable to that of the U.S. 
fleet. Most important was that the per vessel annual dolphin 
mortality rate of any foreign fleet was to be less than 1.25 
times that of the U.S. fleet. Any nation not satisfying these 
conditions would be prevented from exporting tuna to the U.S. 
market.
    On April 12, 1990, the Starkist Seafood Company announced 
its policy to discontinue purchase of any tuna caught in 
association with dolphin and began to label products with 
``dolphin-safe'' labels. Almost immediately, Van Camp Seafood 
(Chicken of the Sea) and Bumble Bee endorsed this dolphin-safe 
policy. These companies accounted for about 80 percent of the 
canned tuna sold in the United States. This amount was further 
increased by several smaller suppliers who also chose to adopt 
the dolphin-safe policy.
    Following this voluntary action, legislation was enacted as 
part of the Fishery Conservation Amendments of 1990 to codify 
criteria for labeling tuna and tuna products as dolphin-safe. 
To qualify as dolphin-safe, tuna caught in the ETP must have 
been caught either by a vessel too small to deploy nets around 
dolphins or, for larger vessels, the catch must be certified by 
a qualified observer that no ``dolphin sets'' were made for the 
entire fishing trip. Also, the 1990 Act specified that tuna 
caught in driftnets cannot qualify as dolphin-safe.
    In August 1990, Mexico was embargoed under the 1988 
provisions for not achieving comparability with the U.S. fleet. 
In response, Mexico requested consultations with the U.S. and, 
after bilateral consultations failed to reach an accord, 
requested that a panel be established under the General 
Agreement on Tariffs and Trade (GATT) to resolve this dispute. 
On September 3, 1991, the panel delivered its decision in favor 
of Mexico. The panel found that both the embargo of Mexican 
tuna and the provision in the MMPA dealing with intermediary 
nations were inconsistent with GATT. The GATT Council, however, 
did not immediately adopt the panel's findings and, therefore, 
the U.S. is technically not in violation of GATT. At present, 
Mexico has not reinstituted the challenge to the World Trade 
Organization, which is the successor organization to GATT.
    In 1992, Congress enacted further amendments to the MMPA 
(Public Law 102-523) designed to promote international dolphin 
protection and to resolve the Mexican challenge. This 
legislation imposed a five-year moratorium on ``setting on 
dolphins'' and, in the interim before the effective date of the 
moratorium, it lifted the embargoes against all nations that 
made a declared commitment to implement the moratorium and to 
take other steps to reduce dolphin mortality. After making 
these commitments, nations that failed to honor the agreement 
were subject to a reinstatement of the yellowfin tuna embargo 
and an import ban on other fish products. To date, no nation 
has formally declared their intent to honor the provisions of 
this Act.
    In 1994, the U.S. put into effect embargoes of tuna from 
Columbia, Mexico, Panama, Vanuatu and Venezuela, and 
intermediary nation embargoes against Costa Rica, Italy, and 
Japan.

                         The La Jolla Agreement

    At about the same time, representatives from a number of 
governments were attending a meeting sponsored by the Inter-
American Tropical Tuna Commission (IATTC) in La Jolla, 
California, (April 21-23, 1992) to prepare and adopt a 
resolution with the goal of reducing dolphin mortality in the 
ETP fishery to levels approaching zero. The governments in 
attendance were Columbia, Costa Rica, Ecuador, Mexico, 
Nicaragua, Panama, Spain, the United States, Vanuatu and 
Venezuela. The limits established for dolphin mortality would 
diminish each year, and by 1999 are to be below 5,000, a number 
less than 0.1 percent of the estimated total dolphin 
population.
    Compliance with the agreement was to be assured by 
assigning each vessel a dolphin mortality limit (DML) and by 
requiring an observer on each vessel. When the DML limit for a 
vessel was reached, that vessel would be required to 
discontinue ``setting on dolphins'' for the remainder of the 
year. In 1994, 75 vessels under the La Jolla Agreement 
requested and received individual dolphin mortality limits 
(DML). Only three of those vessels were from the United States. 
In 1995, 81 vessels requested DMLs, none of which were U.S. 
vessels. To date, the signatories have continued to operate 
under this agreement.

                   Deleterious Effects of Current Law

    In recent years, studies on the tuna fishery have shown an 
alarming unintended effect of the U.S. law. Meant to discourage 
the use of the encirclement technique, alternative fishing 
practices were shown to have a negative effect on other marine 
species including sea turtles, sharks, billfish and juvenile 
tunas. The two primary methods of fishing ``dolphin safe'' are 
the school set and the log set techniques. While both methods 
do minimize dolphin mortality, there has been shown to be some 
dolphin mortality in both methods of fishing. The bycatch of 
other marine species associated with these two fishing 
techniques is significantly higher than the bycatch associated 
with the encirclement technique. School sets generate 
approximately 10 times the amount of bycatch and log sets 
generate approximately 100 times the bycatch of juvenile tunas 
and other marine species. In short, while current law focuses 
on techniques of reducing dolphin bycatch, the alternative 
fishing practices exacerbate fishing pressures on other 
sensitive marine populations.
    The goal of each revision to the dolphin-specific 
provisions of the MMPA was to further reduce dolphin mortality 
in the ETP. The effectiveness of each of these changes has been 
questioned. Though the embargo provisions have been credited 
with bringing about international cooperation, recent studies 
have shown that fishing effort using the encirclement technique 
have remained fairly stable, approximately 50 percent of 
current effort in the fishery, despite the embargo provisions. 
It is important to note that while dolphin stocks decreased 
rapidly during the 1970s, the population levels have remained 
relatively stable during the last decade.
    Many argue that the greatest contribution to the reduction 
in dolphin mortality was the development and implementation of 
the voluntary La Jolla agreement. As discussed above, this 
agreement established a program of observer coverage, gear 
modifications, and technological changes in former fishing 
practices which led to drastic reductions in dolphin mortality. 
It is important to note that none of the dolphin stocks in the 
ETP are considered endangered. In fact, the National Marine 
Fisheries Service (NMFS) notes that the rebuilding of one of 
the two stocks which are considered depleted, the northeastern 
spotted dolphin, will not be adversely affected by the 
continued practice of encircling dolphins. In fact, NMFS 
estimates that rebuilding of this stock to historical levels 
would take 27 years under current conditions, which includes 
the 50 percent effort directed on dolphin stocks. With no 
effort directed on dolphin sets, NMFS estimates the rebuilding 
would take 28\1/2\ years.
    As currently drafted, the U.S. ``dolphin safe'' definition 
restricts the use of certain gear types, rather than basing the 
definition on a mortality standard. The current definition 
prohibits the use of driftnets and the practice of encircling 
dolphin schools. A study presented at the 1994 International 
Whaling Commission highlighted a gillnet fishery in Sri Lanka 
which harvested tuna and had an estimated mortality of between 
8,000 and 11,000 small cetaceans per year. Because the fishery 
did not employ the use of either prohibited fishing practice, 
this tuna could, under current law, be imported as ``dolphin 
safe'' tuna. H.R. 2823 modifies the ``dolphin safe'' definition 
to base it on an actual mortality-based standard rather than 
merely a gear restriction.
    A concern was raised at several hearings on the effects the 
encirclement will have on the reproductive ability of dolphins 
in the fishery. While some preliminary work has been conducted, 
there is little, or no evidence, to indicate that there will be 
any long-term effect on the populations. Despite the lack of 
evidence, H.R. 2823 authorizes an additional $1 million to 
continue to study this possibility.

                         Declaration of Panama

    In October 1995, 12 nations, including the United States, 
met in Panama to develop a binding international agreement to 
protect dolphins and other species in the ETP. The twelve 
nations involved in the development of this agreement were: 
Belize, Columbia, Costa Rica, Ecuador, France, Honduras, 
Mexico, Panama, Spain, Vanuatu, Venezuela and the United 
States. Five environmental organizations were also instrumental 
in developing this agreement: the Center for Marine 
Conservation, World Wildlife Fund, Greenpeace, National 
Wildlife Federation and the Environmental Defense Fund.
    These meetings resulted in the Declaration of Panama, 
signed by all 12 nations on October 4, 1995. The Panama 
Declaration would:
          Establish a permanent mortality limit with the goal 
        of reducing dolphin mortality to zero for all 
        participants in the fishery. (An increase in the number 
        of vessels entering the fishery will not result in an 
        increase in the overall cap);
          establish mortality caps for individual species of 
        dolphin found in the ETP;
          establish per vessel mortality caps to provide for 
        individual vessel accountability;
          provide greater protection for other marine species 
        currently at risk from bycatch caused by certain 
        harvesting techniques;
          increase enforcement and monitoring systems to ensure 
        compliance by signatory nations and the vessels flagged 
        by these nations, including the use of mandatory 
        observer coverage on all vessels; and
          continue scientific assessment and review of the 
        progress toward meeting the goals of zero dolphin 
        mortality, and to review the status of individual 
        dolphin stocks.
    H.R. 2823 would implement the Declaration of Panama under 
U.S. law.

                            Committee Action

    On June 22, 1995, the Subcommittee on Fisheries, Wildlife 
and Oceans held a hearing on tuna fishing in the ETP and the 
effect of these fishing practices on dolphin populations. The 
Subcommittee heard testimony from the Administration, Members 
of Congress, IATTC, the American Tunaboat Association, the 
American Tunaboat Owners Coalition, the National Fisheries 
Institute, the Center for Marine Conservation, the Fishermen's 
Coalition and Earth Island Institute.
    H.R. 2823 was introduced on December 21, 1995, by 
Congressman Wayne Gilchrest (R-MD). The bill was referred to 
the Committee on Resources, and within the Committee to the 
Subcommittee on Fisheries, Wildlife and Oceans.
    On Thursday, February 29, 1996, the Subcommittee on 
Fisheries, Wildlife and Oceans conducted a hearing on H.R. 2823 
the International Dolphin Conservation Program Act, and a 
related bill. Testimony was heard from Members of Congress, 
representatives from the Department of State, the Department of 
Commerce, IATTC, National Academy of Sciences, NMFS, the Center 
for Marine Conservation, Greenpeace International, the American 
Tunaboat Owners Coalition, the Dolphin Safe/Fair Trade 
Campaign, the Public Citizen/Citizens Trade Campaign and other 
public witnesses.
    On April 18, 1996, the Subcommittee met to mark up H.R. 
2823. Congressman Gilchrest offered an amendment in the nature 
of a substitute. Congressman George Miller (D-CA) offered a 
substitute to the Gilchrest amendment, which failed on a 
rollcall vote of 6-9, as follows:

----------------------------------------------------------------------------------------------------------------
            Members               Yeas      Nays     Present        Members         Yeas.      Nays     Present 
----------------------------------------------------------------------------------------------------------------
Mr. Saxton, (Chairman)........  ........        X   .........  Mr. Studds.......         X   ........  .........
Mr. Young.....................  ........        X   .........  Mr. Miller.......         X   ........  .........
Mr. Tauzin....................  ........  ........  .........  Mr. Gejenson.....         X   ........  .........
Mr. Gilchrest.................  ........        X   .........  Mr. Ortiz........  .........        X   .........
Mr. Torkildsen................  ........        X   .........  Mr. Farr.........         X   ........  .........
Mrs. Smith....................  ........        X   .........  Mr. Pallone......         X   ........  .........
Mr. Jones.....................  ........        X   .........  Mr. Kennedy......         X   ........  .........
Mr. Metcalf...................  ........        X   .........                                                   
Mr. Longley...................  ........        X   .........                                                   
----------------------------------------------------------------------------------------------------------------

    Congressman Sam Farr (D-CA) offered an amendment to change 
the ``dolphin safe'' definition; the amendment failed by a 
rollcall vote of 6-10, as follows:

----------------------------------------------------------------------------------------------------------------
            Members                Yeas      Nays     Present        Members         Yeas      Nays     Present 
----------------------------------------------------------------------------------------------------------------
Mr. Saxton, (Chairman).........  ........        X   .........  Mr. Studds.......        X   ........  .........
Mr. Young......................  ........        X   .........  Mr. Miller.......        X   ........  .........
Mr. Tauzin.....................  ........        X   .........  Mr. Gejenson.....        X   ........  .........
Mr. Gilchrest..................  ........        X   .........  Mr. Ortiz........  ........        X   .........
Mr. Torkildsen.................  ........        X   .........  Mr. Farr.........        X   ........  .........
Mrs. Smith.....................  ........        X   .........  Mr. Pallone......        X   ........  .........
Mr. Jones......................  ........        X   .........  Mr. Kennedy......        X   ........  .........
Mr. Metcalf....................  ........        X   .........                                                  
Mr. Longley....................  ........        X   .........                                                  
----------------------------------------------------------------------------------------------------------------

    The Gilchrest amendment in the nature of a substitute was 
adopted by a rollcall vote of 10-6, as follows:

----------------------------------------------------------------------------------------------------------------
            Members                Yeas      Nays     Present        Members         Yeas      Nays     Present 
----------------------------------------------------------------------------------------------------------------
Mr. Saxton, (Chairman).........        X   ........  .........  Mr. Studds.......  ........        X   .........
Mr. Young......................        X   ........  .........  Mr. Miller.......  ........        X   .........
Mr. Tauzin.....................        X   ........  .........  Mr. Gejdenson....  ........        X   .........
Mr. Gilchrest..................        X   ........  .........  Mr. Ortiz........        X   ........  .........
Mr. Torkildsen.................        X   ........  .........  Mr. Farr.........  ........        X   .........
Mrs. Smith.....................        X   ........  .........  Mr. Pallone......  ........        X   .........
Mr. Jones......................        X   ........  .........  Mr. Kennedy......  ........        X   .........
Mr. Metcalf....................        X   ........  .........                                                  
Mr. Longley....................        X   ........  .........                                                  
----------------------------------------------------------------------------------------------------------------

    The bill was then ordered favorably reported to the Full 
Committee by voice vote.
    On May 8, 1996, the Full Resources Committee met to 
consider H.R. 2823. Congressman Gerry Studds (D-MA) offered an 
amendment to delay the effective date of any changes to the 
``dolphin safe'' labeling requirements and a modification to 
the ``dolphin safe'' definition dealing with the gillnet 
fishery in Sri Lanka. By unanimous consent the amendment was 
divided, with the amendment to delay the effective date of the 
labeling requirements being defeated by rollcall vote of 10-23, 
as follows:

----------------------------------------------------------------------------------------------------------------
            Members                Yeas      Nays     Present        Members         Yeas      Nays     Present 
----------------------------------------------------------------------------------------------------------------
Mr. Young (Chairman)...........  ........        S   .........  Mr. Miller.......        X   ........  .........
Mr. Tauzin.....................  ........  ........  .........  Mr. Markey.......  ........  ........  .........
Mr. Hansen.....................  ........  ........  .........  Mr. Rahall.......  ........  ........  .........
Mr. Saxton.....................  ........        X   .........  Mr. Vento........        X   ........  .........
Mr. Gallegly...................  ........        X   .........  Mr. Kildee.......        X   ........  .........
Mr. Duncan.....................  ........        X   .........  Mr. Williams.....  ........  ........  .........
Mr. Hefley.....................  ........        X   .........  Mr. Gejdenson....  ........  ........  .........
Mr. Doolittle..................  ........        X   .........  Mr. Richardson...  ........  ........  .........
Mr. Allard.....................  ........        X   .........  Mr. DeFazio......  ........  ........  .........
Mr. Gilchrest..................  ........        X   .........  Mr. Faleomavaega.        X   ........  .........
Mr. Calvert....................  ........        X   .........  Mr. Johnson......  ........  ........  .........
Mr. Pombo......................  ........  ........  .........  Mr. Abercrombie..        X   ........  .........
Mr. Torkildsen.................  ........        X   .........  Mr. Studds.......        X   ........  .........
Mr. Hayworth...................  ........        X   .........  Mr. Ortiz........  ........        X   .........
Mr. Cremeans...................  ........        X   .........  Mr. Pickett......  ........        X   .........
Mrs. Cubin.....................  ........        X   .........  Mr. Pallone......        X   ........  .........
Mr. Cooley.....................  ........  ........  .........  Mr. Dooley.......  ........  ........  .........
Mrs. Chenoweth.................  ........        X   .........  Mr. Romero-              X   ........  .........
                                                                 Barcelo.                                       
Mrs. Smith.....................  ........        X   .........  Mr. Hinchey......  ........  ........  .........
Mr. Radanovich.................  ........  ........  .........  Mr. Underwood....  ........  ........  .........
Mr. Jones......................  ........        X   .........  Mr. Farr.........        X   ........  .........
Mr. Thornberry.................  ........        X   .........  Mr. Kennedy......        X   ........  .........
Mr. Hastings...................  ........        X   .........                                                  
Mr. Metcalf....................  ........  ........  .........                                                  
Mr. Longley....................  ........        X   .........                                                  
Mr. Shadegg....................  ........        X   .........                                                  
Mr. Ensign.....................  ........        X   .........                                                  
----------------------------------------------------------------------------------------------------------------

    The second part of the Studds amendment was adopted by 
voice vote with an understanding that technical changes would 
have to be agreed to later. Congressman George Miller (D-CA) 
offered an amendment to include a ``Sense of the Congress'' 
provision that each nation meeting the comparability standard 
under section 101 of the MMPA should contribute an equitable 
amount for the expenses of the IATTC, and to prohibit the U.S. 
from contributing to the expenses of the IATTC more than a 
percentage based on the number of purse seine vessels 
registered in the U.S. and fishing for tuna in the ETP. 
Congressman Gilchrest offered an amendment to the Miller 
amendment to strike the second part which would have changed 
the method of calculating the contributions of member nations 
for expenses of the IATTC. The Gilchrest amendment to the 
Miller amendment was adopted by a rollcall vote of 17-14-1, as 
follows:

----------------------------------------------------------------------------------------------------------------
            Members                Yeas      Nays     Present        Members         Yeas      Nays     Present 
----------------------------------------------------------------------------------------------------------------
Mr. Young (Chairman)...........        X   ........  .........  Mr. Miller.......  ........        X   .........
Mr. Tauzin.....................  ........  ........  .........  Mr. Markey.......  ........  ........  .........
Mr. Hansen.....................  ........  ........  .........  Mr. Rahall.......  ........        X   .........
Mr. Saxton.....................        X   ........  .........  Mr. Vento........  ........        X   .........
Mr. Gallegly...................        X   ........  .........  Mr. Kildee.......  ........        X   .........
Mr. Duncan.....................  ........  ........  .........  Mr. Williams.....  ........  ........  .........
Mr. Hefley.....................  ........        X   .........  Mr. Gejdenson....  ........  ........  .........
Mr. Doolittle..................        X   ........  .........  Mr. Richardson...        X   ........  .........
Mr. Allard.....................        X   ........  .........  Mr. DeFazio......  ........        X   .........
Mr. Gilchrest..................        X   ........  .........  Mr. Faleomavaega.  ........        X   .........
Mr. Calvert....................        X   ........  .........  Mr. Johnson......  ........  ........  .........
Mr. Pombo......................        X   ........  .........  Mr. Abercrombie..  ........  ........  .........
Mr. Torkildsen.................  ........  ........  .........  Mr. Studds.......  ........        X   .........
Mr. Hayworth...................        X   ........  .........  Mr. Ortiz........  ........        X   .........
Mr. Cremeans...................        X   ........  .........  Mr. Pickett......  ........        X   .........
Mrs. Cubin.....................        X   ........  .........  Mr. Pallone......  ........        X   .........
Mr. Cooley.....................  ........  ........  .........  Mr. Dooley.......  ........  ........  .........
Mrs. Chenoweth.................        X   ........  .........  Mr. Romero-        ........        X   .........
                                                                 Barcelo.                                       
Mrs. Smith.....................        X   ........  .........  Mr. Hinchey......  ........  ........  .........
Mr. Radanovich.................        X   ........  .........  Mr. Underwood....  ........  ........  .........
Mr. Jones......................        X   ........  .........  Mr. Farr.........  ........        X   .........
Mr. Thornberry.................  ........  ........  .........  Mr. Kennedy......  ........        X   .........
Mr. Hastings...................  ........  ........  .........                                                  
Mr. Metcalf....................  ........  ........  .........                                                  
Mr. Longley....................  ........  ........  .........                                                  
Mr. Shadegg....................        X   ........  .........                                                  
Mr. Ensign.....................  ........  ........         X                                                   
----------------------------------------------------------------------------------------------------------------

    The Miller amendment as amended was then adopted by voice 
vote. The bill, as amended was then ordered favorably reported 
to the House of Representatives by voice vote in the presence 
of a quorum.

                      Section-by-Section Analysis

Section 1. Short title; references

    This Act may be cited as the ``International Dolphin 
Conservation Program Act''.
    Amendments in the Act are to the Marine Mammal Protection 
Act of 1972 (16 U.S.C. 1361 et seq.).

Section 2. Purpose and findings

    The purpose of this Act is to give effect to the 
Declaration of Panama, 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. 
Another purpose of the Act is to recognize the significant 
reductions in dolphin mortality associated with that fishery by 
nations fishing for tuna and to eliminate the ban on imports of 
tuna from those nations in compliance with the International 
Dolphin Conservation Program.
    The findings of this Act are: (1) that nations that fish in 
the ETP yellowfin tuna fishery have reduced dolphin mortality 
from hundreds of thousands annually to fewer than 5,000 
annually; (2) that provisions in the MMPA that impose a ban on 
the imports of tuna from nations fishing in the ETP have served 
as an incentive to reduce dolphin mortalities; and (3) that 
tuna canners and processors of the United States have led the 
tuna products industry to promote a dolphin-safe tuna market.

Section 3. Definitions

    The term ``International Dolphin Conservation Program'' has 
been defined to mean the international program established by 
the agreement in La Jolla, California, in June 1992, as 
formalized, modified and enhanced by the Declaration of Panama, 
that: (1) requires the total annual dolphin mortality in the 
purse seine fishery for yellowfin tuna in the ETP not exceed 
5,000, with the commitment to progressively reduce dolphin 
mortality to levels approaching zero through the setting of 
annual limits; (2) establishes a per-stock per-year mortality 
limit up to the year 2001 of between 0.2 percent and 0.1 
percent of the minimum population estimate; (3) beginning in 
the year 2001, requires that the per-stock per-year mortality 
of dolphin not exceed 0.1 percent of the minimum population 
estimate; (4) requires that in the event the mortality limits 
are exceeded, all sets on dolphins shall cease; (5) establishes 
a per-vessel annual dolphin mortality limit consistent with the 
established per-year mortality caps; and (6) provides a system 
of incentives to vessel captains to continue to reduce dolphin 
mortality, with the goal of eliminating all dolphin deaths.
    The ``Declaration of Panama'' has been defined as the 
declaration signed in Panama City, Republic of Panama, on 
October 4, 1995.

Section 4. Amendments to title I

    Section 101 of the MMPA is amended to allow nations who 
comply with the International Dolphin Conservation Act to 
export yellowfin tuna harvested with purse seine nets in the 
ETP into the United States. The government of the exporting 
nation shall provide documentary evidence that: (1) the tuna or 
tuna products were not caught prior to the effective date of 
the International Dolphin Conservation Program Act; (2) the 
tuna or tuna products were harvested after the effective date 
of the International Dolphin Conservation program (IDCP) by a 
harvesting nation that is either a member of the IATTC or is a 
nation that has initiated (and within six months completed) all 
steps necessary to become an IATTC member and has implemented 
the appropriate international obligations; (3) total dolphin 
mortality permitted under the IDCP will remain below 5,000 in 
the future, with the goal of reducing dolphin mortality to 
levels approaching zero through the setting of annual limits; 
and 4) that the participating nation has not prevented any 
other nation from participating in the IATTC.
    Section 101 of the MMPA is further amended to include two 
new subsections. Subsection (d) requires the Secretary of 
Commerce to reject a government's documentary evidence if that 
nation does not authorize the IATTC to release sufficient 
information to the Secretary to determine the nation's 
compliance with the IDCP. The Secretary may also refuse to 
accept the documentary evidence, if the nation consistently 
fails to take enforcement actions on violations that diminish 
the effectiveness of the IDCP or the harvesting nation is not 
in compliance with the IDCP. Subsection (e) exempts the 
provisions of this Act from applying to a United States 
citizen, when the citizen incidentally takes a marine mammal 
outside of the United States Exclusive Economic Zone and is 
employed on a foreign fishing vessel of a harvesting nation in 
compliance with the IDCP.
    Section 104(h) is amended to allow the Secretary of 
Commerce to issue an annual permit to a United States vessel 
for the taking of marine mammals in the course of commercial 
purse seine fishing for yellowfin tuna in the ETP. The permits 
shall be governed by section 304, subject to regulations issued 
through section 302.
    Section 108 is amended to allow the Secretary to initiate 
discussions: 1) to expeditiously negotiate revisions to the 
Convention for the Establishment of an Inter-American Tropical 
Tuna Commission which will incorporate conservation and 
management provisions agreed to by nations which have signed 
the Declaration of Panama; and 2) with those countries likely 
to participate in the IDCP, to identify alternative sources of 
funding to ensure that needed research and other measures 
benefiting effective protection of dolphins, other marine 
species, and the marine ecosystem.
    Section 110 repeals a National Academy of Sciences review.
    Paragraph 1 of section 901(d) of the Dolphin Protection 
Consumer Information Act (16 U.S.C. 1385(d)(1)) is amended to 
make it a violation of section 5 of the Federal Trade 
Commission Act for any producer, importer, exporter, 
distributor, or seller of any tuna product that is exported 
from or offered for sale in the United States to include on the 
label of that product the term ``dolphin-safe'' or any other 
term or symbol that falsely claims or suggests that the tuna 
contained in the product was harvested using a method of 
fishing that is not harmful to dolphins if the product contains 
the following: tuna harvested on the high seas by a vessel 
engaged in driftnet fishing; tuna harvested from the ETP and 
outside of the ETP using purse seine nets in a manner not 
considered dolphin-safe under paragraphs (2) and (3): or tuna 
harvested by a vessel engaged in any other fishery with a 
regular and significant incidental mortality of marine mammals.
    Paragraph (2) of subsection (d) of the Dolphin Protection 
Consumer Information Act is amended to define dolphin-safe tuna 
as a tuna product that contains tuna harvested in the ETP by a 
vessel not capable of deploying its purse seine nets on or to 
encircle dolphins, or which deployed purse seine nets, but with 
certification that no dolphins died in the set.
    Subsection (d) is further amended by requiring that tuna 
harvested outside the ETP by vessels using purse seine nets is 
dolphin-safe if it is certified that the nets were not 
intentionally deployed on dolphins or, in a fishery which the 
Secretary has determined that a regular and significant 
association occurs between marine mammals and tuna, it is 
accompanied by a written statement by the captain and an 
observer certifying that no purse seine net was deployed on or 
used to encircle marine mammals. No tuna product may be labeled 
with any reference to dolphins, porpoises, or marine mammals, 
except as dolphin-safe in accordance with this subsection.
     Subsection (f) of the Dolphin Protection Consumer 
Information Act is amended to establish a domestic and 
international tracking and verification program that provides 
for the effective tracking of tuna labeled under subsection 
(d).

Section 5. Amendments to title III

    Title III of the MMPA is renamed the International Dolphin 
Conservation Program.
    The findings in section 301 are amended to recognize that 
nations harvesting yellowfin tuna in the ETP have demonstrated 
their willingness to participate in appropriate multilateral 
agreements to reduce dolphin mortality; recognize that the IDCP 
will assure that the existing trend of reduced dolphin 
mortality continues; recognize that the goal of eliminating 
dolphin mortality continues to be a priority; and to ensure 
that the U.S. market does not act as an incentive to the 
harvest of tuna using purse seine nets not in compliance with 
the IDCP.
    Section 302 is amended to require the Secretary of Commerce 
to issue regulations, not later than three months after the 
date of enactment, to implement the International Dolphin 
Conservation Program. In developing the regulations under this 
section, the Secretary will consult with the Marine Mammal 
Commission and the U.S. Commissioners to the IATTC.
    These regulations shall include provisions requiring 
observers on each vessel; requiring the use of the backdown 
method or other equally effective procedures; prohibiting the 
intentional deployment of nets in violation of the IDCP; 
requiring the use of special equipment; ensuring that the 
backdown procedure or deployment of nets begin no later than 30 
minutes after sundown; banning the use of explosive devices; 
establishing per vessel mortality limits, total dolphin 
mortality limits, and per stock per year mortality limits; 
preventing the intentional deployment of nets on dolphins after 
reaching the total dolphin mortality limits, the per stock or 
vessel mortality limits; preventing fishing by vessels not 
assigned a vessel mortality limit; allowing for the 
authorization of experimental fishing operations; authorizing 
fishing within the area covered by the IDCP by vessels of the 
U.S. without specific requirements under special conditions 
prescribed by the Secretary; and containing other such 
necessary restrictions or requirements as determined by the 
Secretary.
    If the Secretary determines, using the best scientific 
information available, 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 prescribe 
emergency regulations and notify, along with recommendations on 
actions necessary to reduce the adverse impacts, to the IATTC.
    The Secretary shall, in cooperation with the nations 
participating in the IDCP and the IATTC, undertake or support 
appropriate scientific research to further the goals of the 
Program. The research may include but is not limited to: 
devising cost-effective fishing methods and gear so as to 
reduce, with the goal of eliminating, the incidental mortality 
and serious injury of marine mammals; devising cost-effective 
fishing methods for mature yellowfin tuna without deployment of 
nets on dolphins or other marine mammals; carrying out a stock 
assessment of those marine mammal species and stocks taken in 
the purse seine fishery for yellowfin tuna in the ETP; studying 
the effects of chase and encirclement on the health and biology 
of dolphin and individual dolphin populations incidentally 
taken in the course of purse seine fishing in the ETP and 
determining the extent to which the incidental take of 
nontarget species, including juvenile tuna, occurs in the ETP 
yellowfin tuna fishery. The results of the research in this 
section shall be included in the report required in section 
303.
    Section 303 of the MMPA is amended to have the Secretary 
submit an annual report to Congress which includes: the results 
of research conducted in section 302; a description of the 
status and trends of stocks of tuna; a description of the 
efforts to assess, avoid, reduce, and minimize the bycatch of 
juvenile yellowfin tuna and other nontarget species; a 
description of activities of the IDCP and the efforts of the 
U.S. in support of the Program's goals and objectives; an 
assessment of the effectiveness of the IDCP; and any other 
information the Secretary deems relevant.
    Section 304 is amended to authorize the Secretary to issue 
permits to a vessel of the United States authorizing 
participation in the IDCP. This may include issuing a permit to 
the person actually in charge of and controlling the fishing 
operation of the vessel. The Secretary is authorized to charge 
a fee for granting an authorization and issuing a permit under 
this section. The levels of fees charged under this paragraph 
may not exceed the administrative cost incurred in granting an 
authorization and issuing a permit.
    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 ETP without a 
valid permit. Permits may be sanctioned if a vessel has been 
used in the commission of an act in violation of section 305, 
or the owner, operator, or any other person who has applied for 
or been issued a permit under this section has acted in 
violation of section 305. The Secretary may also revoke, 
suspend, deny, or impose conditions or restrictions on a permit 
for any person who has not paid and is overdue on a civil 
penalty or criminal fine.
    When imposing sanctions under this subsection the Secretary 
shall take into account the nature, circumstances, extent, and 
gravity of the prohibited act for which the sanction is 
imposed, and with respect to the violator, the degree of 
culpability, any history or prior offenses, and other matters 
as justice requires. No sanctions will be imposed unless there 
has been a prior opportunity for a hearing on the facts 
underlying the violation for which the sanction is imposed. 
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. The Secretary 
shall reinstate the permit upon payment of the penalty of fine 
and any interest.
    Section 305 of the MMPA is repealed, section 307 is 
redesignated as 305, and is amended to prohibit any person from 
selling, transporting, or shipping, 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 IDCP 
by a country that is a member of the IATTC, or has initiated 
steps to join the IATTC.
    The amendments to redesignated MMPA section 305 also 
prohibit, except in accordance with this title, any person or 
vessel subject to the jurisdiction of the United States from 
intentionally deploying a purse seine net on or encircling any 
marine mammal in the course of tuna fishing in the ETP or 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).
    Finally, section 5 of the bill repeals MMPA section 306, 
redesignates section 308 as section 306, and further amends 
that section by striking ``303'' and inserting ``302(d)'.

Section 6. Amendments to the Tuna Conventions Act

    Section 3 of the Tunas Conventions Act is amended to 
require at least one IATTC commissioner be the Director or an 
appropriate regional director of the NMFS.
    Section 4 of the Tuna Conventions Act is amended to have 
the Secretary, in consultation with the United States 
Commissioners, appoint a General Advisory Committee and a 
Scientific Advisory Subcommittee. The General Advisory 
Committee will be composed of not less than five nor more than 
15 persons with balanced representation from the various groups 
participating in the fisheries included under the conventions, 
and from nongovernmental conservation organizations. The 
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 commissions.
    The Scientific Advisory Subcommittee will be composed of 
not less than five nor more than 15 qualified scientists with 
balanced representation from the public and private sectors, 
including nongovernmental conservation organizations. The 
Subcommittee shall advise the General Advisory Committee and 
the United States Commissioners on matters including the 
conservation of ecosystems; the sustainable uses of living 
marine resources related to the tuna fishery in the ETP; and 
the long-term conservation and management of stocks of living 
marine resources in the ETP. The Subcommittee, as requested by 
the Committee, the United States Commissioners, or the 
Secretary, will perform functions and provide assistance 
required by formal agreements entered into by the United States 
for this fishery, including the IDCP. The functions may 
include: review of data from the Program, including data from 
the IATTC; 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; recommendations concerning 
scientific reviews and assessments required under the Program; 
consultation with other experts; recommendations of measures to 
assure the regular and timely full exchange of data among the 
parties to the Program and each nation's National Scientific 
Advisory Committee (or equivalent).

Section 7. Equitable financial contributions

    This section adds a new Sense of the Congress provision 
that each nation meeting the comparability requirements under 
section 101(a)(2)(B) should contribute an equitable amount to 
the expenses of the IATTC.

Section 8. Effective date

    This Act and the amendments made by this Act shall take 
effect upon the certification by the Secretary of State to 
Congress that a binding resolution of the IATTC, or another 
legally binding instrument, establishing the IDCP has been 
adopted and is in effect.

            Committee Oversight Findings and Recommendations

    With respect to the requirements of clause 2(l)(3) of rule 
XI of the Rules of the House of Representatives, and clause 
2(b)(l) of rule X of the Rules of the House of Representatives, 
the Committee on Resources' oversight findings and 
recommendations are reflected in the body of this report.

                     Inflationary Impact Statement

    Pursuant to clause 2(l)(4) of Rule XI of the Rules of the 
House of Representatives, the Committee estimates that the 
enactment of H.R. 2823 will have no significant inflationary 
impact on prices and costs in the operation of the national 
economy.

                        Cost of the Legislation

    Clause 7(a) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs which would be incurred in carrying out 
H.R. 2823. However, clause 7(d) of that Rule provides that this 
requirement does not apply when the Committee has included in 
its report a timely submitted cost estimate of the bill 
prepared by the Director of the Congressional Budget Office 
under section 403 of the Congressional Budget Act of 1974.

                     Compliance With House Rule XI

    1. With respect to the requirement of clause 2(l)(3)(B) of 
rule XI of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, H.R. 
2823 does not contain any new budget authority, spending 
authority, credit authority, or a decrease or increase in tax 
expenditures. The bill would lead to a decrease in appropriated 
spending of approximately $1 million in fiscal year 1998 and $2 
million in fiscal years 1999-2002. The bill also decreases 
direct spending beginning in fiscal year 1997 by increasing 
offsetting receipts of less than $100,000 a year from 1997-2002 
from permit fees. In addition, H.R. 2823 would increase 
governmental receipts by less than $500,000 annually from 
tariffs on imported canned tuna.
    2. With respect to the requirement of clause 2(l)(3)(D) of 
rule XI of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of H.R. 2823.
    3. With respect to the requirement of clause 2(l)(3)(C) of 
rule XI of the Rules of the House of Representatives and 
section 403 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 
2823 from the Director of the Congressional Budget Office.

               Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 22, 1996.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2823, the 
International Dolphin Conservation Program Act.
    Enacting H.R. 2823 could affect both direct spending and 
receipts. Therefore, pay-as-you-go procedures would apply to 
the bill.
    If you wish further details on this estimate, we will be 
pleased to provide them.
            Sincerely,
                                         June E. O'Neill, Director.
    Enclosure.

               congressional budget office cost estimate

    1. Bill number: H.R. 2823.
    2. Bill title: International Dolphin Conservation Program 
Act.
    3. Bill status: As ordered reported by the House Committee 
on Resources on May 8, 1996.
    4. Bill purpose: H.R. 2823 would modify the protection of 
marine mammals, including dolphins, in connection with tuna 
harvesting. The bill would recognize and incorporate into law 
many of the provisions of the Declaration of Panama, signed 
October 4, 1995, by the United States and the governments of 
Belize, Colombia, Costa Rica, Ecuador, France, Honduras, 
Mexico, Panama, Spain, Vanuatu, And Venezuela. The Declaration 
of Panama addresses the protection of dolphins and other 
species, and the conservation and management of tuna, in the 
eastern tropical Pacific Ocean (ETP). Several provisions of the 
bill would address the use of purse seines in tuna fishing. 
Purse seines are large nets that encircle tuna and are then 
drawn shut like a purse. Specifically, the bill would:
          declare that it is U.S. policy to support the 
        International Dolphin Conservation Program (IDCP) 
        operated under the auspices of the Inter-American 
        Tropical Tuna Commission (IATTC);
          state that is the sense of the Congress that U.S. 
        contributions to the IATTC shall be proportionate to 
        the number of U.S. purse seine vessels fishing for tuna 
        in the ETP;
          eliminate the current ban by the Secretary of the 
        Treasury on imports of yellowfin tuna from countries 
        whose vessels catch tuna in the ETP using a procedure 
        known as ``setting on dolphins'' by allowing tuna 
        imports from those nations complying with the IDCP;
          amend the Marine Mammal Protection Act of 1972 to 
        allow the Department of Commerce (DOC) to issue permits 
        to U.S. fishermen authorizing the incidental taking of 
        dolphins during commercial yellowfin tuna harvesting;
          limit the number of dolphins that can be killed by 
        tuna fishing in the ETP to 5,000 annually, with the 
        mortality limit apportioned among various dolphin 
        types--but the limit for each type could not exceed 0.2 
        percent of the minimum estimated abundance of that type 
        through 2000, and 0.1 percent of that minimum in 2001 
        and thereafter;
          require U.S. vessels fishing for tuna in the ETP to 
        obtain individual, annual permits from the Secretary of 
        Commerce to authorize their participation in the IDCP, 
        as opposed to certificates of inclusion in one umbrella 
        permit as under current law, and authorize the 
        Secretary to charge a fee to cover the administrative 
        costs of that permit;
          authorize to be appropriated to the DOC $1 million 
        for scientific research on dolphin conservation; and
          amend the Dolphin Protection Consumer Information Act 
        by redefining tuna that may be labeled ``Dolphin Safe'' 
        as that caught in any set of a purse seine net in which 
        no dolphins were killed, regardless of whether any 
        dolphins were encircled as part of the tuna harvest. 
        Under the bill, tuna would be determined to be 
        ``dolphin safe'' on a set by set basis, rather than by 
        vessel-trip as under current law.
    5. Estimated cost to the Federal Government: CBO estimates 
that enacting H.R. 2823 would lead to a decrease in 
appropriated spending of about $1 million in fiscal year 1998 
and $2 million for fiscal years 1999-2002, assuming 
appropriations consistent with the bill's provisions. In 
addition, CBO estimates that enacting H.R. 2823 could decrease 
direct spending beginning in fiscal year 1997 by generating 
additional offsetting receipts from fees on fishing permits. We 
estimate that any new permit fees would total less than 
$100,000 a year over the 1997-2002 period. Finally, based on 
information from the International Trade Commission (ITC), CBO 
estimates that H.R. 2823 would increase governmental receipts 
by less than $500,000 annually. The following table summarizes 
the estimated budgetary impact of H.R. 2823.

----------------------------------------------------------------------------------------------------------------
                                                                   1997    1998    1999    2000    2001    2002 
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATIONS                                 
                                                                                                                
Estimated authorization level...................................  ......      -1      -2      -2      -2      -2
Estimated outlays...............................................  ......      -1      -2      -2      -2      -2
                                                                                                                
                                     CHANGES IN DIRECT SPENDING AND REVENUES                                    
                                                                                                                
Direct Spending:                                                                                                
    Estimated budget authority..................................   (\1\)   (\1\)   (\1\)   (\1\)   (\1\)   (\1\)
    Estimated outlays...........................................   (\1\)   (\1\)   (\1\)   (\1\)   (\1\)   (\1\)
Revenues:                                                                                                       
    Estimated revenues..........................................   (\1\)   (\1\)   (\1\)   (\1\)   (\1\)   (\1\)
----------------------------------------------------------------------------------------------------------------
\1\ Less than $500,000.                                                                                         

    The budgetary impact on federal spending of this bill falls 
within budget function 300.

Basis of estimate

            Discretionary spending
    Assuming appropriations consistent with the bill, enacting 
H.R. 2823 would result in net reductions of about $1 million in 
appropriated spending in fiscal year 1998 and about $2 million 
per year for fiscal years 1992-2002. This estimated change 
represents an increase of about $1 million for the Department 
of Commerce in fiscal year 1998, and a decrease of about $2 
million per year for the Department of State over the 1998-2002 
period.
    H.R. 2823 would authorize the appropriation of $1 million 
to be used by the DOC's National Marine Fisheries Service to 
support scientific research on dolphin conservation. We 
estimate outlays of about $1 million in fiscal year 1998, 
assuming appropriation of the authorized amount.
    The bill also states that it is the sense of the Congress 
that each nation meeting the comparability requirements of the 
Marine Mammal Protection Act should contribute to the expenses 
of the IATTC in amounts proportionate to the number of purse 
seine vessels from that nation harvesting tuna in the ETP. The 
ETP administers the International Dolphin Conservation Program 
and employs the international observers currently required on 
all tuna boats operating in the ETP. Currently, the Department 
of State contributes about $3 million annually to the IATTC. 
That amount represents about 90 percent of the contributions 
from all nations to the IATTC, and about 65 percent of the 
IATTC's $4.5 million budget. Since U.S. vessels represent less 
than 10 percent of those fishing for tuna in the ETP, the U.S. 
contribution to IATTC could decrease by more than $2 million 
annually beginning in fiscal year 1998, if appropriations drop 
to a level consistent with the bill's goal of proportionate 
funding to the IATTC. If this drop in U.S. funding occurred, 
the IATTC treaty might have to be amended since it currently 
requires nations to contribute to the IATTC based on a 
different formula. H.R. 2823, however, would not by itself 
change the U.S. contribution to the IATTC.
            Direct spending (including offsetting receipts)
    Under current law, all U.S. vessels fishing for tuna in the 
ETP may operate under one permit issued to the American 
Tunaboat Association in 1980 by the Secretary of Commerce. 
Individual vessels pay an annual fee to the DOC to renew 
certificates of inclusion under that permit. The current permit 
expires December 31, 1999. Over the last year, about five U.S. 
vessels have been harvesting tuna in the ETP under the permit.
    Enacting H.R. 2823 would require U.S. vessels operating in 
the ETP to obtain individual permits from the Secretary of 
Commerce. Such permits would authorize vessels' participation 
in the IDCP and allow some incidental deaths of marine mammals 
from using purse seines in commercial fishing for yellowfin 
tuna. H.R. 2823 would authorize the Secretary to charge a 
permit fee, but such fees could not exceed the administrative 
costs of issuing permits. Income from fees could be spent, 
subject to appropriations, by the Under Secretary of Commerce 
for Oceans and Atmosphere for the expenses incurred in issuing 
permits.
    Although enacting H.R. 2823 may not affect the fees paid 
per vessel, the bill could result in additional U.S. vessels 
seeking permit authority to operate in the ETP. Under current 
law, U.S. vessels in the ETP cannot set purse seine nets on 
dolphins in the course of fishing for tuna. The bill would 
permit this practice and allow for limited dolphin mortality in 
accordance with the international program as long as certain 
safeguards are adopted. This increase in flexibility could 
encourage additional U.S. vessels to operate in the ETP, where 
they would be subject to permit fees. We estimate, however, 
that any change in receipts from permit fees would total less 
than $100,000 per year.
            Revenues
    Under current law, the Marine Mammal Protection Act of 1972 
bans imports of yellowfin tuna from nations that fish for tuna 
in the eastern tropical Pacific Ocean. H.R. 2823 would 
eliminate the ban by allowing tuna imports from nations in 
compliance with the IDCP. Currently, fresh tuna imported to the 
U.S. is not subject to duty. However, the U.S. Customs Service 
collects about $30 million annually from tariffs on canned 
tuna. Based on historical information provided by the ITC, 
prior to the current ban less than 2 percent of the duties 
collected on canned tuna imports were from IDCP signatory 
nations. Therefore, CBO estimates that eliminating the ban on 
imports of tuna from these nations would not significantly 
increase governmental receipts.
    7. Pay-as-you-go considerations: Section 252 of the 
Balanced Budget and Emergency Deficit Control Act of 1985 sets 
up pay-as-you-go procedures for legislation affecting direct 
spending or receipts through 1998. CBO estimates that enacting 
H.R. 2823 could affect both direct spending and governmental 
receipts, but that any change would be less than $500,000 a 
year in both cases. The estimated pay-as-you-go impact is 
summarized in the following table.

------------------------------------------------------------------------
                                            1996       1997       1998  
------------------------------------------------------------------------
Changes in outlays.....................          0          0          0
Change in receipts.....................          0          0          0
------------------------------------------------------------------------

    8. Estimated impact on State, local, and tribal 
governments: The bill contains no intergovernmental mandates as 
defined by Public Law 104-4, and would not have a direct impact 
on the budgets of state, local, or tribal governments.
    9. Estimated Impact on the private sector: H.R. 2823 would 
impose private-sector mandates, but the costs would not exceed 
the $100 million annual threshold specified in Public Law 104-
4. Private-sector mandates in this bill include changes in 
labeling of dolphin-safe tuna because of the requirement that 
for tuna to be labeled ``dolphin safe,'' no dolphin deaths may 
occur. In addition, each tuna vessel in the ETP would be 
required to register for a dolphin mortality limit with the 
IATTC. U.S. tuna vessels fishing in the ETP also would be 
required to comply with tracking and verification procedures to 
separate dolphin-safe and dolphin-unsafe tuna.
    Section 4 would amend the Dolphin Protection Consumer 
Information Act, and give the Secretary of Commerce authority 
to require certain vessels to provide observer certification in 
certain fisheries. Those fisheries are ones where tuna is 
harvested and the Secretary has identified a regular and 
significant incidental mortality or serious injury rate of 
marine mammals. In those fisheries the observers would have to 
certify that no marine mammals were killed, in order for that 
tuna to be labeled as dolphin-safe. Based on information 
obtained from industry and government sources, CBO does not 
expect the Secretary would use this authority for U.S.-
registered vessels.
    Other provisions of the bill, such as requiring permits to 
be obtained from the Secretary of Commerce for the incidental 
taking of marine mammals and for gear requirements, would 
codify existing National Oceanic and Atmospheric Administration 
regulations.
    H.R. 2823 would lift the existing prohibition on U.S. 
vessels setting nets on dolphins in the ETP as long as vessels 
comply with all appropriate regulations. The bill also would 
lift the ban on the importation and sale of dolphin-unsafe tuna 
from countries participating in the International Dolphin 
Conservation Program. Overall, CBO estimates that enacting this 
bill would result in decreased costs to the private sector.
    10. Previous CBO estimate: None.
    11. Estimate prepared by: Federal Cost Estimate: Victoria 
Heid and Gary Brown; Stephanie Weiner for revenues. State and 
Local Government Impact: Pepper Santalucia. Private Sector 
Impact: Amy Downs.
    12. Estimate approved by: Robert A. Sunshine for Paul N. 
Van de Water, Assistant Director for Budget Analysis.

                    Compliance With Public Law 104-4

    H.R. 2823 contains no intergovernmental mandates.
    H.R. 2823 would impose private-sector mandates, but the 
costs would not exceed the $100 million annual threshold 
specified in Public Law 104-4. As noted in the CBO report, 
above, overall costs would decrease to the private sector. A 
description of the mandates are included in the CBO report; 
direct compliance costs are expected to be minimal.

                          Departmental Reports

    The Committee received favorable reports on H.R. 2823 from 
the Department of State on February 14, 1996, and the 
Department of Commerce on February 22, 1996. No other reports 
have been received on H.R. 2823.

                                  U.S. Department of State,
                                 Washington, DC, February 14, 1996.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: This letter responds to your Committee's 
request for views on H.R. 2823, to amend the Marine Mammal 
Protection Act of 1972 to support the International Dolphin 
Conservation Program in the eastern tropical Pacific Ocean.
    The Administration strongly supports this legislation, 
which is crucial for the implementation of the Panama 
Declaration and the continued viability of the International 
Dolphin Conservation Program (IDCP), as well as the 
organization which runs it, the Inter-American Tropical Tuna 
Commission (IATTC). We consider that this legislation, as it is 
premised on a multilateral approach to dolphin conservation, is 
particularly constructive.
    The work of the IATTC to conserve dolphins has been 
extremely successful. In the early years of the eastern 
tropical Pacific tuna fishery, as many as 500,000 dolphins were 
killed annually during fishing operations. With the adoption of 
the IDCP under the auspices of the IATTC in June of 1992, the 
success of this program has been dramatic. For the past three 
years, dolphin mortalities have been below 5,000 annually, a 
figure which is approximately five one-hundredths of one 
percent of the estimated 9.6 million dolphins in the eastern 
Pacific Ocean. The program is strictly enforced, with an 
observer on every vessel. Simply put, it is one of the best 
international fisheries programs anywhere in the world, and is 
serving as a model for other efforts to deal with difficult 
international marine conservation questions.
    Recently, the countries participating in the IDCP 
negotiated improvements to the IATTC program with five major 
environmental organizations--Greenpeace, the Center for Marine 
Conservation, the World Wildlife Fund, the Environmental 
Defense Fund, and the National Wildlife Federation. In October, 
1995, this new program was endorsed by 12 nations, including 
the United States, in a document called the Panama Declaration.
    Before the strengthened dolphin protection agreement 
contemplated by the Panama Declaration can be implemented, 
changes in U.S. law to open our market to tuna caught with zero 
dolphin mortality occurring in the set must first be made. The 
pending legislation before your Committee, H.R. 2823, and its 
counterpart in the Senate, S. 1420, represent those necessary 
changes.
    It is important for this legislation to be passed to ensure 
that the tremendous gains in dolphin protection achieved to 
date, and the efforts of the countries which achieved them, 
continue in the future. We urge quick action by the Committee 
and Congress to enact this legislation in order that the 
implementation of the Panama Declaration can be fully realized. 
We look forward to working with the Committee as the bill moves 
through Congress.
    The Office of Management and Budget advises that from the 
Standpoint of the Administration's program there is no 
objection to the submission of this report.
    I hope this information is useful to you. Please do not 
hesitate to call if we can be of further assistance.
            Sincerely,
                                          Wendy R. Sherman,
                          Assistant Secretary, Legislative Affairs.
                                ------                                

                             General Counsel of the
                               U.S. Department of Commerce,
                                  Washington DC, February 22, 1996.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: I am responding to your request for the 
views of the Administration on H.R. 2823. This bill would amend 
the Marine Mammal Protection Act (MMPA) to implement the 
International Dolphin Conservation Program in the eastern 
tropical Pacific Ocean (ETP).
    The Administration strongly supports the Panama 
Declaration, and this legislation is crucial for the 
implementation of that Declaration. H.R. 2823 provides for the 
continued viability of the International Dolphin Conservation 
Program (IDCP), as well as the Inter-American Tropical Tuna 
Commission (IATTC), which runs the IDCP.
    The IATTC has been very successful in its efforts to 
protect dolphins in the ETP yellowfin tuna purse seine fishery. 
Only a decade ago, dolphin mortality incidental to fishing by 
the international yellowfin tuna purse seine fleet in the ETP 
was 130,000 annually. Since adoption of the IDCP in June 1992, 
dolphin mortality has dropped dramatically. For the past three 
years, total annual dolphin mortality has been below five 
thousand. Five thousand dolphins represents approximately five 
one-hundredths of one percent of the 9.6 million dolphins in 
the ETP. The fishery is strictly monitored with an observer on 
every vessel. Simply put, the IDCP is one of the most 
successful international environmental programs in the world, 
and serves as a model for other efforts to deal with difficult 
international marine conservation issues.
    The endorsement of the Panama Declaration in October of 
1995, by 12 nations, including the United States, will further 
solidify and strengthen the IDCP. Five major environmental 
organizations (Greenpeace, Center for Marine Conservation, 
World Wildlife Fund, Environmental Defense Fund, and the 
National Wildlife Federation) helped to negotiate, and have 
endorsed, the Panama Declaration. The Declaration reaffirms the 
commitments and objectives of the IDCP to reduce progressively 
dolphin mortality in the ETP to levels approaching zero, with 
an ultimate goal of eliminating dolphin mortality in this 
fishery. In addition to these goals and objectives, the Panama 
Declaration would limit total annual mortality for the 
international fishery to not more than 5,000 with a per stock 
maximum of not more than 0.2 percent of the minimum estimated 
abundance of the stock through the year 2000, and not more than 
0.1 percent of the minimum estimated abundance of the stock 
starting in 2001. This will help ensure that all dolphin stocks 
in the ETP are protected from mortality levels which would have 
an unacceptable impact on individual population or stock growth 
rates.
    Before the strengthened dolphin protection agreement 
contemplated by the Panama Declaration can be implemented, U.S. 
law needs to be amended to open our market to tuna caught in 
compliance with the newly strengthened regime. The enactment of 
H.R. 2823, and its companion bill S. 1420, will make these 
critical changes. This legislation should ensure that the 
tremendous gains in dolphin protection that have been achieved, 
and support of the countries which help to achieve them, will 
continue in the future.
    The Office of Management and Budget advises that there is 
no objection to the submission of this report from the 
standpoint of the Administration's program.
            Sincerely,
                                                        Ginger Lew.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3 of rule XIII of the Rules of the 
House of Representatives, changes in existing law made by the 
bill, as reported, are shown as follows (existing law proposed 
to be omitted is enclosed in black brackets, new matter is 
printed in italic, existing law in which no change is proposed 
is shown in roman):

                  MARINE MAMMAL PROTECTION ACT OF 1972

          * * * * * * *

                            TABLE OF CONTENTS

Sec. 2. Findings and declaration of policy.
     * * * * * * *

   [Title III--Global Moratorium to Prohibit Certain Tuna Harvesting 
                                Practices

[Sec. 301. Findings and policy.
[Sec. 302. International agreements to establish global moratorium to 
          prohibit certain tuna harvesting practices.
[Sec. 303. Research program.
[Sec. 304. Reviews, reports, and recommendations.
[Sec. 305. International commitments.
[Sec. 306. Permits for taking dolphins.
[Sec. 307. Prohibitions.
[Sec. 308. Authorization of appropriations.]

          TITLE III--INTERNATIONAL DOLPHIN CONSERVATION PROGRAM

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

                              Definitions

  Sec. 3. For the purposes of this Act--
          (1) * * *
          * * * * * * *
          (28) The term ``International Dolphin Conservation 
        Program'' means the international program established 
        by the agreement signed in La Jolla, California, in 
        June 1992, as formalized, modified, and enhanced in 
        accordance with the Declaration of Panama, that 
        requires--
                  (A) that the total annual dolphin mortality 
                in the purse seine fishery for yellowfin tuna 
                in the eastern tropical Pacific Ocean not 
                exceed 5,000, with the commitment and objective 
                to progressively reduce dolphin mortality to 
                levels approaching zero through the setting of 
                annual limits;
                  (B) the establishment of a per-stock per-year 
                mortality limit for dolphins, for each year 
                through the year 2000, of between 0.2 percent 
                and 0.1 percent of the minimum population 
                estimate;
                  (C) beginning with the year 2001, that the 
                per-stock per-year mortality of dolphin not 
                exceed 0.1 percent of the minimum population 
                estimate;
                  (D) that if the mortality limit set forth in 
                subparagraph (A) is exceeded, all sets on 
                dolphins shall cease for the fishing year 
                concerned;
                  (E) that if the mortality limit set forth in 
                subparagraph (B) or (C) is exceeded sets on 
                such stock and any mixed schools containing 
                members of such stock shall cease for that 
                fishing year;
                  (F) in the case of subparagraph (B), to 
                conduct a scientific review and assessment in 
                1998 of progress toward the year 2000 objective 
                and consider recommendations as appropriate; 
                and
                  (G) in the case of subparagraph (C), to 
                conduct a scientific review and assessment 
                regarding that stock or those stocks and 
                consider further recommendations;
                  (H) the establishment of a per-vessel maximum 
                annual dolphin mortality limit consistent with 
                the established per-year mortality caps; and
                  (I) the provision of a system of incentives 
                to vessel captains to continue to reduce 
                dolphin mortality, with the goal of eliminating 
                dolphin mortality.
          (29) The term ``Declaration of Panama'' means the 
        declaration signed in Panama City, Republic of Panama, 
        on October 4, 1995.
          * * * * * * *

         TITLE I--CONSERVATION AND PROTECTION OF MARINE MAMMALS

                       Moratorium and Exceptions

  Sec. 101. (a) There shall be a moratorium on the taking and 
importation of marine mammals and marine mammal products, 
commencing on the effective date of this Act, during which time 
no permit may be issued for the taking of any marine mammal and 
no marine mammal or marine mammal product may be imported into 
the United States except in the following cases:
          (1) * * *
          (2) Marine mammals may be taken incidentally in the 
        course of commercial fishing operations and permits may 
        be issued therefor under section 104 subject to 
        regulations prescribed by the Secretary in accordance 
        with section 103, or in lieu of such permits, 
        authorizations may be granted therefor under section 
        118, subject to regulations prescribed under that 
        section by the Secretary without regard to section 103. 
        Such authorizations may also be granted under title III 
        with respect to the yellowfin tuna fishery of the 
        eastern tropical Pacific Ocean, subject to regulations 
        prescribed under that title by the Secretary without 
        regard to section 103. In any event it shall be the 
        immediate goal that the incidental kill or incidental 
        serious injury of marine mammals permitted in the 
        course of commercial fishing operations be reduced to 
        insignificant levels approaching a zero mortality and 
        serious injury rate[; provided that this goal shall be 
        satisfied in the case of the incidental taking of 
        marine mammals in the course of purse seine fishing for 
        yellowfin tuna by a continuation of the application of 
        the best marine mammal safety techniques and equipment 
        that are economically and technologically practicable]. 
        The Secretary of the Treasury shall ban the importation 
        of commercial fish or products from fish which have 
        been caught with commercial fishing technology which 
        results in the incidental kill or incidental serious 
        injury of ocean mammals in excess of United States 
        standards. For purposes of applying the preceding 
        sentence, the Secretary--
                  (A) shall insist on reasonable proof from the 
                government of any nation from which fish or 
                fish products will be exported to the United 
                States of the effects on ocean mammals of the 
                commercial fishing technology in use for such 
                fish or fish products exported from such nation 
                to the United States;
                  [(B) in the case of yellowfin tuna harvested 
                with purse seines 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) the government of the harvesting 
                        nation has adopted a regulatory program 
                        governing the incidental taking of 
                        marine mammals in the course of such 
                        harvesting that is comparable to that 
                        of the United States; and
                          [(ii) the average rate of that 
                        incidental taking by the vessels of the 
                        harvesting nation is comparable to the 
                        average rate of incidental taking of 
                        marine mammals by United States vessels 
                        in the course of such harvesting,
                except that the Secretary shall not find that 
                the regulatory program, or the average rate of 
                incidental taking by vessels, of a harvesting 
                nation is comparable to that of the United 
                States for purposes of clause (i) or (ii) of 
                this paragraph unless
                                  [(I) the regulatory program 
                                of the harvesting nation 
                                includes, by no later than the 
                                beginning of the 1990 fishing 
                                season, such prohibitions 
                                against encircling pure schools 
                                of species of marine mammals, 
                                conducting sundown sets, and 
                                other activities as are made 
                                applicable to United States 
                                vessels;
                                  [(II) the average rate of the 
                                incidental taking by vessels of 
                                the harvesting nation is no 
                                more than 2.0 times that of 
                                United States vessels during 
                                the same period by the end of 
                                the 1989 fishing season and no 
                                more than 1.25 times that of 
                                United States vessels during 
                                the same period by the end of 
                                the 1990 fishing season and 
                                thereafter;
                                  [(III) the total number of 
                                eastern spinner dolphin 
                                (Stenella longirostris) 
                                incidentally taken by vessels 
                                of the harvesting nation during 
                                the 1989 and subsequent fishing 
                                seasons does not exceed 15 
                                percent of the total number of 
                                all marine mammals incidentally 
                                taken by such vessels in such 
                                year and the total number of 
                                coastal spotted dolphin 
                                (Stenella attenuata) 
                                incidentally taken by such 
                                vessels in such seasons does 
                                not exceed 2 percent of the 
                                total number of all marine 
                                mammals incidentally taken by 
                                such vessels in such year;
                                  [(IV) the rate of incidental 
                                taking of marine mammals by the 
                                vessels of the harvesting 
                                nation during the 1989 and 
                                subsequent fishing seasons is 
                                monitored by the porpoise 
                                mortality observer program of 
                                the Inter-American Tropical 
                                Tuna Commission or an 
                                equivalent international 
                                program in which the United 
                                States participates and is 
                                based upon observer coverage 
                                that is equal to that achieved 
                                for United States vessels 
                                during the same period, except 
                                that the Secretary may approve 
                                an alternative observer program 
                                if the Secretary determines, no 
                                less than sixty days after 
                                publication in the Federal 
                                Register of the Secretary's 
                                proposal and reasons therefor, 
                                that such an alternative 
                                observer program will provide 
                                sufficiently reliable 
                                documentary evidence of the 
                                average rate of incidental 
                                taking by a harvesting nation; 
                                and
                                  [(V) the harvesting nation 
                                complies with all reasonable 
                                requests by the Secretary for 
                                cooperation in carrying out the 
                                scientific research program 
                                required by section 104(h)(3) 
                                of this title;]
                  (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) the tuna or products therefrom 
                        were not banned from importation under 
                        this paragraph before the effective 
                        date of the International Dolphin 
                        Conservation Program Act;
                          (ii) the tuna or products therefrom 
                        were harvested after the effective date 
                        of the International Dolphin 
                        Conservation Program Act by vessels of 
                        a nation which participates in the 
                        International Dolphin Conservation 
                        Program, such harvesting nation is 
                        either a member of the Inter-American 
                        Tropical Tuna Commission or has 
                        initiated (and within 6 months 
                        thereafter completed) all steps (in 
                        accordance with article V, paragraph 3 
                        of the Convention establishing the 
                        Inter-American Tropical Tuna 
                        Commission) necessary to become a 
                        member of that organization, or the 
                        Inter-American Tropical Tuna 
                        Commission, whichever is appropriate, 
                        and such harvesting nation has 
                        implemented the obligations of the 
                        International Dolphin Conservation 
                        Program and the obligations of that 
                        member as member of the Inter-American 
                        Tropical Tuna Commission;
                          (iii) the total dolphin mortality 
                        permitted under the International 
                        Dolphin Conservation Program will not 
                        exceed 5,000 in 1996, or in any year 
                        thereafter, consistent with the 
                        commitment and objective of 
                        progressively reducing dolphin 
                        mortality to levels approaching zero 
                        through the setting of annual limits 
                        and the goal of eliminating dolphin 
                        mortality; and
                          (iv) the tuna or products therefrom 
                        were harvested after the effective date 
                        of the International Dolphin 
                        Conservation Program Act by vessels of 
                        a nation which participates in the 
                        International Dolphin Conservation 
                        Program, and such harvesting nation has 
                        not vetoed the participation by any 
                        other nation in such Program.
                  (C) * * *
          * * * * * * *
  (d) Acceptance of Documentary Evidence.--The Secretary shall 
not accept documentary evidence referred to in section 
101(a)(2)(B) as satisfactory proof for purposes of section 
101(a)(2) if--
          (1) the government of the harvesting nation does not 
        authorize the Inter-American Tropical Tuna Commission 
        to release sufficient information to the Secretary to 
        allow a determination of compliance with the 
        International Dolphin Conservation Program; or
          (2) after taking into consideration this information, 
        findings of the Inter-American Tropical Tuna 
        Commission, and any other relevant information, 
        including but not limited to information that a nation 
        is consistently failing to take enforcement actions on 
        violations which diminish the effectiveness of the 
        International Dolphin Conservation Program, the 
        Secretary, in consultation with the Secretary of State, 
        finds that the harvesting nation is not in compliance 
        with the International Dolphin Conservation Program.
  (e) Exemption.--The provisions of this Act shall not apply to 
a citizen of the United States when such citizen incidentally 
takes any marine mammal during fishing operations outside the 
United States exclusive economic zone (as defined in section 
3(6) of the Magnuson Fishery Conservation and Management Act 
(16 U.S.C. 1802(6))) when employed on a foreign fishing vessel 
of a harvesting nation which is in compliance with the 
International Dolphin Conservation Program.
          * * * * * * *

                                Permits

  Sec. 104. (a) * * *
          * * * * * * *
  [(h)(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 general permits for 
the taking of such marine mammals, together with regulations to 
cover the use of such general permits.
  [(2)(A) Subject to subparagraph (B), the general permit 
issued under paragraph (1) on December 1, 1980 to the American 
Tunaboat Association is extended to authorize and govern the 
taking of marine mammals incidental to commercial purse seine 
fishing for yellowfin tuna during each year after December 31, 
1984.
  [(B) The extension granted under subparagraph (A) is subject 
to the following conditions:
          [(i) The extension shall cease to have force and 
        effect at the time the general permit is surrendered or 
        terminated.
          [(ii) The permittee and certificate holders shall use 
        the best marine mammal safety techniques and equipment 
        that are economically and technologically practicable.
          [(iii) During the period of the extension, the terms 
        and conditions of the general permit that are in effect 
        on the date of the enactment of this paragraph shall 
        apply, except that
                  [(I) the Secretary may make such adjustments 
                as may be appropriate to those terms and 
                conditions that pertain to fishing gear and 
                fishing practice requirements and to permit 
                administration;
                  [(II) any such term and condition may be 
                amended or terminated if the amendment or 
                termination is based on the best scientific 
                information available, including that obtained 
                under the monitoring program required under 
                paragraph (3)(A); and
                  [(III) during each year of the extension, not 
                to exceed 250 coastal spotted dolphin (Stenella 
                attenuata) and not to exceed 2,750 eastern 
                spinner dolphin (Stenella longirostris) may be 
                incidentally taken under the general permit, 
                and no accidental taking of either species is 
                authorized at any time when incidental taking 
                of that species is permitted.
          [(iv) The Secretary shall, by January 1, 1989, 
        prescribe regulations to ensure that the backdown 
        procedure during sets of the purse seine net on marine 
        mammals is completed and rolling of the net to sack up 
        has begun no later than thirty minutes after sundown. 
        The Secretary may waive or otherwise modify such 
        regulations for--
                  [(I) a designated certificate holder on an 
                observed trip if the Secretary determines, 
                based on observer reports, that such 
                restriction is not necessary because the 
                certificate holder has consistently utilized 
                fishing techniques and equipment so as to 
                result in an incidental marine mammal mortality 
                rate during sundown sets that is no higher than 
                the average such rate for the fleet during 
                daylight sets; or
                  [(II) all certificate holders on observed 
                trips if the Secretary determines that such 
                restriction is not necessary because all 
                certificate holders have developed and are 
                utilizing fishing techniques and equipment that 
                assure that the incidental marine mammal 
                mortality rate during sundown sets will be no 
                higher than such rate during daylight sets.
          [(v) The Secretary may authorize, after public notice 
        and opportunity for comment, designated certificate 
        holders to conduct experimental fishing operations on 
        observed trips, 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 the incidental mortality of 
        marine mammals in the course of commercial yellowfin 
        tuna fishing operations, and the Secretary may waive 
        such terms and conditions of the general permit and 
        this section, other than the quotas on incidental 
        taking of marine mammals and the prohibition against 
        encircling pure schools of certain species of marine 
        mammals, as the Secretary determines to be necessary 
        and appropriate for the conduct of such experimental 
        fishing.
          [(vi) The Secretary, after public notice and 
        opportunity for comment and consultation with the 
        skippers' panel of experts established pursuant to the 
        general permit, shall develop and implement by not 
        later than the beginning of the 1990 fishing season a 
        system of performance standards to maintain the 
        diligence and proficiency of certificate holders in the 
        use of the best marine mammal safety techniques and 
        equipment that are economically and technologically 
        practicable. The system shall include such arrangements 
        as are necessary for the identification of certificate 
        holders whose incidental marine mammal mortality rate 
        is consistently and substantially higher than the 
        average rate of the fleet, and for the supplemental 
        training and observation of such certificate holders, 
        and provisions for suspension or revocation of 
        certificates of inclusion of those certificate holders 
        whose unacceptably high rate of incidental taking 
        reflects a lack of diligence or proficiency in the use 
        of the best marine mammal safety techniques and 
        equipment.
          [(vii) It shall be unlawful to use any explosive 
        devices other than class C explosive pest control 
        devices in the course of commercial yellowfin tuna 
        fishing subject to the general permit. The Secretary 
        shall prescribe regulations, effective April 1, 1990, 
        to prohibit or restrict the use of class C explosive 
        pest control devices in the course of commercial 
        yellowfin tuna fishing unless the Secretary determines, 
        based on a study which the Secretary shall undertake, 
        that the use of such devices does not result in 
        physical impairment or increased mortality of marine 
        mammals.
          [(viii) During the 1989 and subsequent fishing 
        seasons, each certificated vessel shall carry on every 
        fishing trip subject to this subsection an official 
        observer certified by the Secretary or by the Inter-
        American Tropical TunaCommission for the purpose of 
        conducting research and observing fishing operations 
        unless, for reasons beyond the control of the 
        Secretary, an observer is not available for such 
        purpose. The Secretary may waive this requirement after 
        the 1991 fishing season and establish a less extensive 
        observer program if the Secretary, after notice and 
        opportunity for comment, determines that such an 
        alternative program will provide sufficiently reliable 
        information.
          [(ix) The Secretary shall annually convene meetings 
        with representatives of conservation and environmental 
        organizations, the commercial tuna fishing industry, 
        and other interested persons for the purpose of 
        discussing the results of efforts to reduce the 
        incidental mortality and serious injury of marine 
        mammals under this subsection as well as throughout the 
        international fleet as a whole and developing plans for 
        such efforts during the next year. On or before April 
        1, 1992, the Secretary shall submit to the Committee on 
        Commerce, Science, and Transportation of the Senate and 
        the Committee on Merchant Marine and Fisheries of the 
        House of Representatives a comprehensive report on the 
        results of such efforts. The report shall discuss the 
        results of the scientific research programs, 
        performance standards, observer program, prohibition on 
        sundown sets, development of alternative fishing 
        techniques, and other efforts required by this section, 
        and shall include recommendations for such action as 
        the Secretary considers necessary and desirable to 
        reduce further the total mortality and serious injury 
        of marine mammals in the course of commercial yellowfin 
        tuna fishing throughout the international fleet.
  [(C) The quota on the incidental taking of coastal spotted 
dolphin and eastern spinner dolphin under paragraph 
(2)(B)(iii)(III) shall be treated
          [(i) as within, and not in addition to, the overall 
        annual quota under the general permit on the incidental 
        taking of marine mammals; and
          [(ii) for purposes of paragraph (2)(B)(iii)(II), as a 
        term of the general permit in effect on the date of the 
        enactment of this paragraph.
  [(3)(A) The Secretary shall, commencing on January 1, 1985, 
undertake a scientific research program to monitor for at least 
five consecutive years, and periodically as necessary 
thereafter, the indices of abundance and trends of marine 
mammal population stocks which are incidentally taken in the 
course of commercial purse seine fishing for yellowfin tuna in 
the eastern tropical Pacific Ocean.
  [(B) If the Secretary determines, on the basis of the best 
scientific information available (including that obtained under 
the monitoring program), that the incidental taking of marine 
mammals permitted under the general permit referred to in 
paragraph (2) is having a significant adverse effect on a 
marine mammal population stock, the Secretary shall take such 
action as is necessary, after notice and an opportunity for an 
agency hearing on the record, to modify the applicable 
incidental take quotas or requirements for gear and fishing 
practices (or both such quotas and requirements) for such 
fishing so as to ensure that the marine mammal population stock 
is not significantly adversely affected by the incidental 
taking.
  [(C) For each year after 1984, the Secretary shall include in 
his annual report to the public and the Congress under section 
103(f) a discussion of the proposed activities to be conducted 
each year as part of the monitoring program required by 
subparagraph (A).
  [(D) There are authorized to be appropriated to the 
Department of Commerce for purposes of carrying out the 
monitoring program required under this paragraph not to exceed 
$4,000,000 for the period beginning October 1, 1984, and ending 
September 30, 1988.]
  (h) Annual Permits.--(1) Consistent with the regulations 
prescribed pursuant to section 103 and the requirements of 
section 101, the Secretary may issue an annual permit to a 
United States vessel for the taking of such marine mammals, 
together with regulations to cover the use of any such annual 
permits.
  (2) Annual permits described in paragraph (1) for the 
incidental taking of marine mammals in the course of commercial 
purse seine fishing for yellowfin tuna in the eastern tropical 
Pacific Ocean shall be governed by section 304, subject to the 
regulations issued pursuant to section 302.
          * * * * * * *

                         International Program

  Sec. 108. (a) The Secretary, through the Secretary of State, 
shall--
          (1) initiate negotiations as soon as possible for the 
        development of bilateral or multinational agreements 
        with other nations for the protection and conservation 
        of all marine mammals covered by this Act;
          (2) initiate--
                  (A) negotiations as soon as possible with all 
                foreign governments which are engaged in, or 
                which have persons or companies engaged in, 
                commercial fishing operations which are found 
                by the Secretary to be unduly harmful to any 
                species or population stock of marine mammal, 
                for the purpose of entering into bilateral and 
                multilateral treaties with such countries to 
                protect marine mammals, with the Secretary of 
                State to prepare a draft agenda relating to 
                this matter for discussion at appropriate 
                international meetings and forums; [and]
          * * * * * * *
                  (C) discussions to expeditiously negotiate 
                revisions to the Convention for the 
                Establishment of an Inter-American Tropical 
                Tuna Commission (1 UST 230, TIAS 2044) which 
                will incorporate conservation and management 
                provisions agreed to by the nations which have 
                signed the Declaration of Panama; and
                  (D) discussions with those countries likely 
                to participate in the International Dolphin 
                Conservation Program, to identify alternative 
                sources of funds to ensure that needed research 
                and other measures benefiting effective 
                protection of dolphins, other marine species, 
                and the marine ecosystem;
          * * * * * * *

                     Marine Mammal Research Grants

  Sec. 110. (a)[(1)] The Secretary is authorized to make 
grants, or to provide financial assistance in such other form 
as he deems appropriate, to any Federal or State agency, public 
or private institution, or other person for the purpose of 
assisting such agency, institution, or person to undertake 
research in subjects which are relevant to the protection and 
conservation of marine mammals. In carrying out this 
subsection, the Secretary shall undertake a program of, and 
shall provide financial assistance for, research into new 
methods of locating and catching yellowfin tuna without the 
incidental taking of marine mammals. The Secretary shall 
include a description of the annual results of research carried 
out under this section in the report required under section 
103(f).
  [(2) For purposes of identifying appropriate research into 
promising new methods of locating and catching yellowfin tuna 
without the incidental taking of marine mammals, the Secretary 
shall contract for an independent review of information 
pertaining to such potential alternative methods to be 
conducted by the National Academy of Sciences with individuals 
having scientific, technical, or other expertise that may be 
relevant to the identification of promising alternative fishing 
techniques. The Secretary shall request that the independent 
review be submitted to the Secretary on or before September 8, 
1989, and the Secretary shall submit the report of the 
independent review, together with a proposed plan for research, 
development, and implementation of alternative fishing 
techniques, to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Merchant 
Marine and Fisheries of the House of Representatives on or 
before December 5, 1989.]
          * * * * * * *

   [TITLE III--GLOBAL MORATORIUM TO PROHIBIT CERTAIN TUNA HARVESTING 
                               PRACTICES]

         TITLE III--INTERNATIONAL DOLPHIN CONSERVATION PROGRAM

SEC. 301. FINDINGS AND POLICY.

  (a) Findings.--The Congress finds the following:
          (1) * * *
          * * * * * * *
          [(4) Nations harvesting yellowfin tuna in the eastern 
        tropical Pacific Ocean have indicated their willingness 
        to participate in appropriate multilateral agreements 
        to reduce, and eventually eliminate, dolphin mortality 
        in that fishery.]
          (4) Nations harvesting yellowfin tuna in the eastern 
        tropical Pacific Ocean have demonstrated their 
        willingness to participate in appropriate multilateral 
        agreements to reduce, with the goal of eliminating, 
        dolphin mortality in that fishery. Recognition of the 
        International Dolphin Conservation Program will assure 
        that the existing trend of reduced dolphin mortality 
        continues; that individual stocks of dolphins are 
        adequately protected; and that the goal of eliminating 
        all dolphin mortality continues to be a priority.
  (b) Policy.--It is the policy of the United States to--
          (1) eliminate the marine mammal mortality resulting 
        from the intentional encirclement of dolphins and other 
        marine mammals in tuna purse seine fisheries;
          [(2) secure appropriate multilateral agreements to 
        reduce, and eventually eliminate, 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 
        in association with dolphins or with driftnets;]
          (2) support the International Dolphin Conservation 
        Program and efforts within the Program to reduce, with 
        the goal of eliminating, the mortality referred to in 
        paragraph (1);
          (3) ensure that the market of the United States does 
        not act as an incentive to the harvest of tuna caught 
        with driftnets or caught by purse seine vessels in the 
        eastern tropical Pacific Ocean that are not operating 
        in compliance with the International Dolphin 
        Conservation Program;
          * * * * * * *

[SEC. 302. INTERNATIONAL AGREEMENTS TO ESTABLISH GLOBAL MORATORIUM TO 
                    PROHIBIT CERTAIN TUNA HARVESTING PRACTICES.

  [(a) In General.--The Secretary of State, in consultation 
with the Secretary, may enter into international agreements 
which establish, in accordance with this title, a global 
moratorium of at least 5 years duration to prohibit harvesting 
tuna through the use of purse seine nets deployed on or to 
encircle dolphins or other marine mammals.
  [(b) Terms of Agreement.--Any agreement entered into under 
this section shall--
          [(1) establish a moratorium described in subsection 
        (a) which takes effect on March 1, 1994;
          [(2) include an international research program and, 
        notwithstanding the moratorium, authorize harvesting of 
        tuna under that program;
          [(3) provide for reviews and reports in accordance 
        with section 304 on results of research conducted under 
        the research program;
          [(4) require each country that is a party to the 
        agreement to take all the necessary and appropriate 
        steps to ensure compliance with the moratorium; and
          [(5) encourage each country that is a party to the 
        agreement to seek, through bilateral and multilateral 
        negotiations, to encourage other countries that 
        participate in fisheries to which the agreement applies 
        to become parties to the agreement.
  [(c) Compliance by United States With Moratorium.--The 
moratorium authorized under subsection (a) may be terminated 
prior to December 31, 1999, with respect to the United States 
for the harvesting of tuna in the eastern tropical Pacific 
Ocean only if--
          [(1) the Secretary submits to the Congress in 
        accordance with section 304(b) a recommendation that 
        the moratorium be terminated; and
          [(2) the recommendation is approved by enactment of a 
        joint resolution of approval.

[SEC. 303. RESEARCH PROGRAMS.

  [(a) In General.--An agreement entered into under section 302 
shall--
          [(1) establish an international research program to 
        develop methods of fishing for large yellowfin tuna--
                  [(A) without setting nets on dolphins or 
                other marine mammals; or
                  [(B) by setting nets on dolphins or other 
                marine mammals with zero set-caused mortality;
          [(2) require that proposals for research under the 
        program be reviewed and authorized by a competent 
        regional organization;
          [(3) require that research under the program be 
        conducted by dedicated vessels that--
                  [(A) are authorized to conduct that research 
                by a competent regional organization; and
                  [(B) have on board in accordance with section 
                305(a)(2) an observer who is responsible to, 
                and supervised by, a competent regional 
                organization.
  [(b) Limitations on Dolphin Mortality.--For the eastern 
tropical Pacific Ocean, an agreement entered into under section 
302 shall require that--
          [(1) the total number of research sets on dolphins 
        conducted pursuant to this section during the period 
        beginning March 1, 1994, and ending December 31, 1999, 
        shall not exceed 400 annually, and that the total 
        annual dolphin mortality shall not exceed 1,000;
          [(2) the Inter-American Tropical Tuna Commission 
        shall establish a panel to review and report on the 
        compliance of the international yellowfin tuna fishery 
        fleet with the limits established in paragraph (1) and 
        make recommendations as appropriate; and
          [(3) the Inter-American Tropical Tuna Commission 
        shall establish an Advisory Board of technical 
        specialists from the international communities of 
        scientists, government agencies, environmental groups, 
        and the fishing industry, to assist that commission in 
        efforts to coordinate, facilitate, and guide research.
  [(c) Funding.--
          [(1) In general.--An agreement entered into under 
        section 302 shall establish fair and equitable 
        mechanisms for funding research conducted pursuant to 
        this section.
          [(2) Proceeds of research harvests.--An agreement 
        entered into under section 302 shall provide that the 
        proceeds of any tuna harvested for the purpose of 
        research conducted pursuant to this section should, to 
        the extent possible, be used for funding research 
        conducted pursuant to this section.
          [(3) Limitation on use of united states funding.--
        Funding provided by the United States for research 
        shall be used only for the purpose of developing 
        methods of fishing for large yellowfin tuna that do not 
        involve intentionally encircling dolphins or other 
        marine mammals.
  [(d) Review of Research Proposals.--The Marine Mammal 
Commission established under section 201 shall--
          [(1) review all research proposals submitted to the 
        Inter-American Tropical Tuna Commission; and
          [(2) recommend an appropriate response to each of 
        those proposals, to the United States Commissioners on 
        the Inter-American Tropical Tuna Commission.

[SEC. 304. REVIEWS, REPORTS, AND RECOMMENDATIONS.

  [(a) Reports by the Secretary.--The Secretary shall submit 
annual reports to the Congress which include--
          [(1) results of research conducted pursuant to 
        section 303;
          [(2) a description of the status of stocks of 
        yellowfin tuna;
          [(3) an assessment of the economic impacts on the 
        tuna industry and consumers caused by the moratorium 
        established by agreements entered into under section 
        302;
          [(4) an assessment of the effectiveness of the 
        moratorium in protecting dolphin populations in the 
        eastern tropical Pacific Ocean;
          [(5) results of reviews conducted under section 
        305(c);
          [(6) copies of any international agreements or 
        undertakings authorized by or related to this title;
          [(7) an assessment of the impact on fishery 
        resources, other than yellowfin tuna, of methods of 
        fishing for large yellowfin tuna in the eastern 
        tropical Pacific Ocean that do not involve the 
        intentional encirclement of dolphins; and
          [(8) any other relevant information.
  [(b) Recommendations of the Secretary.--If a competent 
regional organization under the auspices of which research is 
conducted pursuant to section 303, or any country which 
participates in such an organization, submits to the United 
States a recommendation that a moratorium established by 
agreements entered into under section 302 should be terminated 
prior to December 31, 1999, the Secretary shall--
          [(1) review the information on which the 
        recommendation is based;
          [(2) consult with relevant Federal agencies, 
        including the Marine Mammal Commission, and other 
        interested persons; and
          [(3) submit to the Congress a recommendation 
        regarding the termination of the moratorium.

[SEC. 305. INTERNATIONAL COMMITMENTS.

  [(a) Limitation on Application of Ban on Imports.--Except as 
provided in subsection (b), the Secretary of the Treasury shall 
not, under section 101(a)(2) (A) and (B), ban the importation 
of yellowfin tuna or yellowfin tuna products from a country 
that transmits to the Secretary of State a formal communication 
in which the country commits to--
          [(1) implement a moratorium of at least 5 years 
        duration beginning March 1, 1994, on the practice of 
        harvesting tuna through the use of purse seine nets 
        deployed on or to encircle dolphins or other marine 
        mammals unless the moratorium is terminated in 
        accordance with section 302(c);
          [(2) require an observer on each vessel of the 
        country larger than 400 short tons carrying capacity 
        which engages in purse seine fishing for yellowfin tuna 
        in the eastern tropical Pacific Ocean, and ensure that 
        at least 50 percent of all such observers are 
        responsible to, and supervised by, a competent regional 
        organization;
          [(3) reduce the dolphin mortality resulting from 
        purse seine net operations conducted by vessels of the 
        country in 1992 to a level that is lower than such 
        mortality in 1991 by a statistically significant 
        margin; and
          [(4) reduce the dolphin mortality resulting from 
        purse seine net operations conducted by vessels of the 
        country in the period beginning January 1, 1993, and 
        ending February 28, 1994, to a level that is lower than 
        such mortality in 1992 by a statistically significant 
        margin.
  [(b) Subsequent Bans on Fish and Fish Product Imports for 
Failure To Comply With Commitments.--
          [(1) Ban on imports of yellowfin tuna and yellowfin 
        tuna products.--The Secretary, in consultation with the 
        Secretary of State, shall periodically determine 
        whether each country which has transmitted a formal 
        communication expressing the commitments described in 
        subsection (a) is fully implementing those commitments. 
        If the Secretary determines that any such country is 
        not implementing those commitments--
                  [(A) the Secretary shall notify the President 
                and the Congress of that determination; and
                  [(B) 15 days after such notification, the 
                Secretary of the Treasury shall ban the 
                importation from that country of all yellowfin 
                tuna and yellowfin tuna products.
          [(2) Ban on imports of other fish and fish 
        products.--
                  [(A) In general.--If--
                          [(i) a country does not, within 60 
                        days after the establishment with 
                        respect to that country of a ban on 
                        importation under paragraph (1)(B), 
                        certify and provide reasonable proof to 
                        the Secretary that the country has 
                        fully implemented the commitment 
                        described in subsection (a)(1) or has 
                        taken the necessary actions to remedy 
                        its failure to comply with the 
                        commitments described in subsection (a) 
                        (2), (3), and (4); and
                          [(ii) the Secretary does not, before 
                        the end of that 60-day period, certify 
                        to the President that the country has 
                        provided such certification and proof;
                the President shall direct the Secretary of the 
                Treasury to ban the importation from that 
                country of all articles (other than those 
                subject to an importation ban under paragraph 
                (1)(B)) that are classified under one or more 
                of those fish and fish product categories that 
                the President, subject to subparagraph (B), 
                considers appropriate to carry out this 
                paragraph.
                  [(B) Ban criteria.--The one or more fish and 
                fish product categories to which the President 
                imposes an import ban under subparagraph (A) 
                with respect to a country must be a fish and 
                fish product category or categories with 
                respect to which the articles classified 
                thereunder and imported from that country in 
                the base year had an aggregate customs 
                valuation equal to 40 percent of the aggregate 
                customs valuation of all articles classified 
                under all fish and fish product categories that 
                were imported from that country during the base 
                year.
                  [(C) Definition of base year.--For purposes 
                of subparagraph (B), the term ``base year'' 
                means the calendar year immediately occurring 
                before the calendar year in which the import 
                ban under subparagraph (A) commences with 
                respect to the country.
          [(3) Duration of import bans.--Bans on importation 
        imposed under paragraphs (1) and (2) with respect to a 
        country shall continue in effect until the Secretary 
        determines that the country is implementing the 
        commitments described in subsection (a).
          [(4) Implementation of import bans.--The Secretary of 
        the Treasury shall take such action as may be necessary 
        or appropriate to implement importation bans imposed 
        under paragraphs (1) and (2).
  [(c) Reviews and Reports.--The Secretary, in consultation 
with the Secretary of State, shall--
          [(1) periodically review the activities of countries 
        which have transmitted to the Secretary of State formal 
        communications expressing the commitments described in 
        subsection (a), to determine whether those countries 
        are complying with those commitments; and
          [(2) include the results of those reviews in annual 
        reports submitted to the Congress pursuant to section 
        304(a).

[SEC. 306. PERMITS FOR TAKING DOLPHINS.

  [(a) Additional Restrictions Under General Permit.--
Notwithstanding section 104(h), the general permit issued to 
the American Tunaboat Association on December 1, 1980, shall be 
subject to the following additional restrictions:
          [(1) Total dolphin mortalities (including mortalities 
        resulting from research) authorized by the permit shall 
        not exceed 1,000 during the period beginning January 1, 
        1992, and ending December 31, 1992, and 800 during the 
        period beginning January 1, 1993, and ending March 1, 
        1994.
          [(2) No purse seine net may be deployed under the 
        permit on or to encircle any school of dolphins in 
        which any eastern spinner dolphin (Stenella 
        longirostris) or coastal spotted dolphin (Stenella 
        attenuata) is observed prior to release of the net 
        skiff.
          [(3) The permit shall expire March 1, 1994, unless no 
        major purse seine tuna fishing country enters into an 
        agreement with the Secretary in accordance with section 
        302 before that date (notwithstanding any agreement 
        under that section with a country that is not a major 
        purse seine tuna fishing country).
          [(4) If no major purse seine tuna fishing country 
        enters into an agreement with the Secretary in 
        accordance with section 302 before March 1, 1994, and 
        notwithstanding any agreement under that section with a 
        country that is not a major purse seine tuna fishing 
        country--
                  [(A) the total dolphin mortalities authorized 
                by the permit for each year after 1992, 
                including mortalities caused by research, shall 
                not exceed the number of dolphin mortalities 
                which occurred under the permit during the 
                preceding year;
                  [(B) the total dolphin mortalities occurring 
                under the permit each year shall continue to be 
                reduced by statistically significant amounts 
                each year to levels approaching zero by 
                December 31, 1999;
                  [(C) the permit shall be subject to any 
                additional restrictions that the Secretary 
                considers appropriate; and
                  [(D) the permit shall expire December 31, 
                1999.
  [(b) Permits Required for Taking Dolphins for Research 
Purposes.--An agreement entered into under section 302 shall 
not supersede or be interpreted to supersede any provision of 
this Act under which a permit under this Act is required for 
activities conducted pursuant to this title.
  [(c) Major Purse Seine Tuna Fishing Country Defined.--For 
purposes of this section, the term ``major purse seine tuna 
fishing country'' means a country which on the effective date 
of this title has an active purse seine tuna fishing fleet of 
20 or more vessels.]

SEC. 302. AUTHORITY OF THE SECRETARY.

  (a) Regulations To Implement Program Regulations.--(1) The 
Secretary shall issue regulations to implement the 
International Dolphin Conservation Program.
  (2)(A) Not later than 3 months after the date of enactment of 
this section, the Secretary shall issue regulations to 
authorize and govern the incidental taking of marine mammals in 
the eastern tropical Pacific Ocean, including any species of 
marine mammal designated as depleted under this Act but not 
listed as endangered or threatened under the Endangered Species 
Act of 1973 (16 U.S.C. 1531 et seq.), by vessels of the United 
States participating in the International Dolphin Conservation 
Program.
  (B) Regulations issued under this section shall include 
provisions--
          (i) requiring observers on each vessel;
          (ii) requiring use of the backdown procedure or other 
        procedures equally or more effective in avoiding 
        mortality of marine mammals in fishing operations;
          (iii) prohibiting intentional deployment of nets on, 
        or encirclement of, dolphins in violation of the 
        International Dolphin Conservation Program;
          (iv) requiring the use of special equipment, 
        including dolphin safety panels in nets, ocean current 
        sensors or monitoring devices, as practicable, to 
        detect unsafe fishing conditions before nets are 
        deployed by a tuna vessel, operable rafts, speedboats 
        with towing bridles, floodlights in operable condition, 
        and diving masks and snorkels;
          (v) ensuring that the backdown procedure during the 
        deployment of nets on, or encirclement of, dolphins is 
        completed and rolling of the net to sack up has begun 
        no later than 30 minutes after sundown;
          (vi) banning the use of explosive devices in all 
        purse seine operations;
          (vii) establishing per vessel maximum annual dolphin 
        mortality limits, total dolphin mortality limits and 
        per-stock per-year mortality limits, in accordance with 
        the International Dolphin Conservation Program;
          (viii) preventing the intentional deployment of nets 
        on, or encirclement of, dolphins after reaching either 
        the vessel maximum annual dolphin mortality limits, 
        total dolphin mortality limits, or per-stock per-year 
        mortality limits;
          (ix) preventing the fishing on dolphins by a vessel 
        without an assigned vessel dolphin mortality limit;
          (x) allowing for the authorization and conduct of 
        experimental fishing operations, under such terms and 
        conditions as the Secretary may prescribe, for the 
        purpose of testing proposed improvements in fishing 
        techniques and equipment (including new technology for 
        detecting unsafe fishing conditions before nets are 
        deployed by a tuna vessel) that may reduce or eliminate 
        dolphin mortality or do not require the encirclement of 
        dolphins in the course of commercial yellowfin tuna 
        fishing;
          (xi) authorizing fishing within the area covered by 
        the International Dolphin Conservation Program by 
        vessels of the United States without the use of special 
        equipment or nets if the vessel takes an observer and 
        does not intentionally deploy nets on, or encircle, 
        dolphins, under such terms and conditions as the 
        Secretary may prescribe; and
          (xii) containing such other restrictions and 
        requirements as the Secretary determines are necessary 
        to implement the International Dolphin Conservation 
        Program with respect to vessels of the United States.
  (C) The Secretary may make such adjustments as may be 
appropriate to the requirements of subparagraph (B) that 
pertain to fishing gear, vessel equipment, and fishing 
practices to the extent the adjustments are consistent with the 
International Dolphin Conservation Program.
  (b) Consultation.--In developing regulations under this 
section, the Secretary shall consult with the Secretary of 
State, the Marine Mammal Commission and the United States 
Commissioners to the Inter-American Tropical Tuna Commission 
appointed under section 3 of the Tuna Conventions Act of 1950 
(16 U.S.C. 952).
  (c) Emergency Regulations.--(1) If the Secretary determines, 
on the basis of the best scientific information available 
(including that obtained under the International Dolphin 
Conservation Program) that the incidental mortality and serious 
injury of marine mammals authorized under this title is having, 
or is likely to have, a significant adverse effect on a marine 
mammal stock or species, the Secretary shall take actions as 
follows--
          (A) notify the Inter-American Tropical Tuna 
        Commission of the Secretary's findings, along with 
        recommendations to the Commission as to actions 
        necessary to reduce incidental mortality and serious 
        injury and mitigate such adverse impact; and
          (B) prescribe emergency regulations to reduce 
        incidental mortality and serious injury and mitigate 
        such adverse impact.
  (2) Prior to taking action under paragraph (1) (A) or (B), 
the Secretary shall consult with the Secretary of State, the 
Marine Mammal Commission, and the United States Commissioners 
to the Inter-American Tropical Tuna Commission.
  (3) Emergency regulations prescribed under this subsection--
          (A) shall be published in the Federal Register, 
        together with an explanation thereof; and
          (B) shall remain in effect for the duration of the 
        applicable fishing year; and
The Secretary may terminate such emergency regulations at a 
date earlier than that required by subparagraph (B) by 
publication in the Federal Register of a notice of termination, 
if the Secretary determines that the reasons for the emergency 
action no longer exist.
  (4) If the Secretary finds that the incidental mortality and 
serious injury of marine mammals in the yellowfin tuna fishery 
in the eastern tropical Pacific Ocean is continuing to have a 
significant adverse impact on a stock or species, the Secretary 
may extend the emergency regulations for such additional 
periods as may be necessary.
  (d) Research.--The Secretary shall, in cooperation with the 
nations participating in the International Dolphin Conservation 
Program and with the Inter-American Tropical Tuna Commission, 
undertake or support appropriate scientific research to further 
the goals of the International Dolphin Conservation Program. 
Such research may include but shall not be limited to any of 
the following:
          (1) Devising cost-effective fishing methods and gear 
        so as to reduce, with the goal of eliminating, the 
        incidental mortality and serious injury of marine 
        mammals in connection with commercial purse seine 
        fishing in the eastern tropical Pacific Ocean.
          (2) Developing cost-effective methods of fishing for 
        mature yellowfin tuna without deployment of nets on, or 
        encirclement of, dolphins or other marine mammals.
          (3) Carrying out a stock assessment as described in 
        section 117 for those marine mammal species and stocks 
        taken in the purse seine fishery for yellowfin tuna in 
        the eastern tropical Pacific Ocean, including species 
        or stocks not within waters under the jurisdiction of 
        the United States.
          (4) Studying the effects of chase and encirclement on 
        the health and biology of dolphin and individual 
        dolphin populations incidentally taken in the course of 
        purse seine fishing for yellowfin tuna in the eastern 
        tropical Pacific Ocean. There are authorized to be 
        appropriated to the Department of Commerce $1,000,000 
        to be used by the Secretary, acting through the 
        National Marine Fisheries Service, to carry out this 
        paragraph. Upon completion of the study, the Secretary 
        shall submit a report containing the results of the 
        study, together with recommendations, to the Congress 
        and to the Inter-American Tropical Tuna Commission.
          (5) Determining the extent to which the incidental 
        take of nontarget species, including juvenile tuna, 
        occurs in the course of purse seine fishing for 
        yellowfin tuna in the eastern tropical Pacific Ocean, 
        the geographic location of the incidental take, and the 
        impact of that incidental take on tuna stocks, and 
        nontarget species.
The Secretary shall include a description of the annual results 
of research carried out under this subsection in the report 
required under section 303.

SEC. 303. REPORTS BY THE SECRETARY.

  Notwithstanding section 103(f), the Secretary shall submit an 
annual report to the Congress which includes each of the 
following:
          (1) The results of research conducted pursuant to 
        section 302.
          (2) A description of the status and trends of stocks 
        of tuna.
          (3) A description of the efforts to assess, avoid, 
        reduce, and minimize the bycatch of juvenile yellowfin 
        tuna and other nontarget species.
          (4) A description of the activities of the 
        International Dolphin Conservation Program and of the 
        efforts of the United States in support of the 
        Program's goals and objectives, including the 
        protection of dolphin populations in the eastern 
        tropical Pacific Ocean, and an assessment of the 
        effectiveness of the Program.
          (5) Actions taken by the Secretary under subsections 
        (a)(2)(B) and (d) of section 101.
          (6) Copies of any relevant resolutions and decisions 
        of the Inter-American Tropical Tuna Commission, and any 
        regulations promulgated by the Secretary under this 
        title.
          (7) Any other information deemed relevant by the 
        Secretary.

SEC. 304. PERMITS.

  (a) In General.--(1) Consistent with section 302, the 
Secretary is authorized to issue a permit to a vessel of the 
United States authorizing participation in the International 
Dolphin Conservation Program and may require a permit for the 
person actually in charge of and controlling the fishing 
operation of the vessel. The Secretary shall prescribe such 
procedures as are necessary to carry out this subsection, 
including, but not limited to, requiring the submission of--
          (A) the name and official number or other 
        identification of each fishing vessel for which a 
        permit is sought, together with the name and address of 
        the owner thereof; and
          (B) the tonnage, hold capacity, speed, processing 
        equipment, and type and quantity of gear, including an 
        inventory of special equipment required under section 
        302, with respect to each vessel.
  (2) The Secretary is authorized to charge a fee for issuing a 
permit under this section. The level of fees charged under this 
paragraph may not exceed the administrative cost incurred in 
granting an authorization and issuing a permit. Fees collected 
under this paragraph shall be available, subject to 
appropriations, to the Under Secretary of Commerce for Oceans 
and Atmosphere for expenses incurred in issuing permits under 
this section.
  (3) After the effective date of the International Dolphin 
Conservation Program Act, no vessel of the United States shall 
operate in the yellowfin tuna fishery in the eastern tropical 
Pacific Ocean without a valid permit issued under this section.
  (b) Permit Sanctions.--(1) In any case in which--
          (A) a vessel for which a permit has been issued under 
        this section has been used in the commission of an act 
        prohibited under section 305;
          (B) the owner or operator of any such vessel or any 
        other person who has applied for or been issued a 
        permit under this section has acted in violation of 
        section 305; or
          (C) any civil penalty or criminal fine imposed on a 
        vessel, owner or operator of a vessel, or other person 
        who has applied for or been issued a permit under this 
        section has not been paid or is overdue, the Secretary 
        may--
                  (i) revoke any permit with respect to such 
                vessel, with or without prejudice to the 
                issuance of subsequent permits;
                  (ii) suspend such permit for a period of time 
                considered by the Secretary to be appropriate;
                  (iii) deny such permit; or
                  (iv) impose additional conditions or 
                restrictions on any permit issued to, or 
                applied for by, any such vessel or person under 
                this section.
  (2) In imposing a sanction under this subsection, the 
Secretary shall take into account--
          (A) the nature, circumstances, extent, and gravity of 
        the prohibited acts for which the sanction is imposed; 
        and
          (B) with respect to the violator, the degree of 
        culpability, any history of prior offenses, and other 
        such matters as justice requires.
  (3) Transfer of ownership of a vessel, by sale or otherwise, 
shall not extinguish any permit sanction that is in effect or 
is pending at the time of transfer of ownership. Before 
executing the transfer of ownership of a vessel, by sale or 
otherwise, the owner shall disclose in writing to the 
prospective transferee the existence of any permit sanction 
that will be in effect or pending with respect to the vessel at 
the time of transfer.
  (4) In the case of any permit that is suspended for the 
failure to pay a civil penalty or criminal fine, the Secretary 
shall reinstate the permit upon payment of the penalty or fine 
and interest thereon at the prevailing rate.
  (5) No sanctions shall be imposed under this section unless 
there has been a prior opportunity for a hearing on the facts 
underlying the violation for which the sanction is imposed, 
either in conjunction with a civil penalty proceeding under 
this title or otherwise.

SEC. [307.] 305. PROHIBITIONS.

  (a) In General.--It is unlawful--
          [(1) for any person, after June 1, 1994, to sell, 
        purchase, offer for sale, transport, or ship, in the 
        United States, any tuna or tuna product that is not 
        dolphin safe;
          [(2) for any person or vessel that is subject to the 
        jurisdiction of the United States, intentionally to set 
        a purse seine net on or to encircle any marine mammal 
        during any tuna fishing operation after February 28, 
        1994, except--
                  [(A) as necessary for scientific research 
                approved by the Inter-American Tropical Tuna 
                Commission;
                  [(B) in accordance with a recommendation that 
                is approved under section 302(c)(2); or
                  [(C) as authorized by the general permit 
                issued to the American Tunaboat Association on 
                December 1, 1980 (including any additional 
                restrictions applicable under section 306(a)), 
                notwithstanding any agreement under section 302 
                with a country that is not a major purse seine 
                tuna fishing country (as that term is defined 
                in section 306(c));
          [(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 305(b) (1) or (2);]
          (1) for any person to sell, purchase, offer for sale, 
        transport, or ship, in the United States, any tuna or 
        tuna product unless the tuna or tuna product is either 
        dolphin safe or has been harvested in compliance with 
        the International Dolphin Conservation Program by a 
        country that is a member of the Inter-American Tropical 
        Tuna Commission or has initiated steps, in accordance 
        with Article V, paragraph 3 of the Convention 
        establishing the Inter-American Tropical Tuna 
        Commission, to become a member of that organization;
          (2) except in accordance with this title and 
        regulations issued pursuant to this title as provided 
        for in subsection 101(e), for any person or vessel 
        subject to the jurisdiction of the United States 
        intentionally to set a purse seine net on or to 
        encircle any marine mammal in the course of tuna 
        fishing operations in the eastern tropical Pacific 
        Ocean; or
          (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);
          * * * * * * *
  (b) Penalties.--
          (1) Civil penalty.--A person that knowingly and 
        willfully violates subsection (a) (1), (2), (3), (4), 
        or (5) shall be subject to a civil penalty under 
        section 105(a).
          (2) Criminal penalty.--A person that knowingly and 
        willfully violates subsection (a)(5) and (a)(6) shall 
        be subject to a criminal penalty under section 105(b).
          * * * * * * *
  [(d) Dolphin Safe Tuna.--For purposes of this section, tuna 
or a tuna product is dolphin safe if--
          [(1) it does not contain tuna that was harvested on 
        the high seas by a vessel engaged in driftnet fishing, 
        as that term is defined in section 4003 of the Driftnet 
        Impact, Monitoring, Assessment, and Control Act of 
        1987;
          [(2) in the case of tuna or a tuna product that 
        contains tuna harvested in the eastern tropical Pacific 
        Ocean, it is dolphin safe under subsection (d)(2) of 
        the Dolphin Protection Consumer Information Act;
          [(3) in the case of tuna or a tuna product that 
        contains tuna harvested outside the eastern tropical 
        Pacific Ocean by a purse seine vessel, it is 
        accompanied by a written statement executed by the 
        captain of the vessel certifying that no purse seine 
        net was intentionally deployed on or to encircle 
        dolphins during the particular voyage on which the tuna 
        was harvested; and
          [(4) in the case of tuna or a product that contains 
        tuna harvested outside the eastern tropical Pacific 
        Ocean by a purse seine vessel in a fishery in which the 
        Secretary has determined that a regular and significant 
        association occurs between marine mammals and tuna, and 
        in which tuna is harvested through the use of purse 
        seine nets deployed on or to encircle marine mammals, 
        it is accompanied by a written statement executed by 
        the captain of the vessel and by an observer, 
        certifying that no purse seine net was intentionally 
        deployed on or to encircle marine mammals during the 
        particular voyage on which the tuna was harvested.]

SEC. [308.] 306. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated to the National 
Marine Fisheries Service for carrying out section [303] 302(d), 
$3,000,000 for each of the fiscal years 1993, 1994, 1995, 1996, 
1997, and 1998.
          * * * * * * *
                              ----------                              


     SECTION 901 OF THE DOLPHIN PROTECTION CONSUMER INFORMATION ACT

                           dolphin protection

  Sec. 901. (a) Short Title.--This section may be cited as the 
``Dolphin Protection Consumer Information Act''.
          * * * * * * *
  (d) Labeling Standard.--[(1) It is a violation of section 5 
of the Federal Trade Commission Act for any producer, importer, 
exporter, distributor, or seller of any tuna product that is 
exported from or offered for sale in the United States to 
include on the label of that product the term ``Dolphin Safe'' 
or any other term or symbol that falsely claims or suggests 
that the tuna contained in the product was harvested using a 
method of fishing that is not harmful to dolphins if the 
product contains--
                  [(A) tuna harvested on the high seas by a 
                vessel engaged in driftnet fishing; or
                  [(B) tuna harvested in the eastern tropical 
                Pacific Ocean by a vessel using purse seine 
                nets which do not meet the requirements for 
                being considered dolphin safe under paragraph 
                (2).
          [(2) For purposes of paragraph (1)(B), a tuna product 
        that contains tuna harvested in the eastern tropical 
        Pacific Ocean by a fishing vessel using purse seine 
        nets is dolphin safe if--
                  [(A) the vessel is of a type and size that 
                the Secretary has determined is not capable of 
                deploying its purse seine nets on or to 
                encircle dolphin; or
                  [(B)(i) the product is accompanied by a 
                written statement executed by the captain of 
                the vessel which harvested the tuna certifying 
                that no tuna were caught on the trip in which 
                such tuna were harvested using a purse seine 
                net intentionally deployed on or to encircle 
                dolphin;
                  [(ii) the product is accompanied by a written 
                statement executed by--
                          [(I) the Secretary or the Secretary's 
                        designee, or
                          [(II) a representative of the Inter-
                        American Tropical Tuna Commission,
                which states that there was an approved 
                observer on board the vessel during the entire 
                trip and that purse seine nets were not 
                intentionally deployed during the trip on or to 
                encircle dolphin; and
                  [(iii) the statements referred to in clauses 
                (i) and (ii) are endorsed in writing by each 
                exporter, importer, and processor of the 
                product.] (1) It is a violation of section 5 of 
                the Federal Trade Commission Act for any 
                producer, importer, exporter, distributor, or 
                seller of any tuna product that is exported 
                from or offered for sale in the United States 
                to include on the label of that product the 
                term ``Dolphin Safe'' or any other term or 
                symbol that falsely claims or suggests that the 
                tuna contained in the product was harvested 
                using a method of fishing that is not harmful 
                to dolphins if the product contains any of the 
                following:
          (A) Tuna harvested on the high seas by a vessel 
        engaged in driftnet fishing.
          (B) Tuna harvested in the eastern tropical Pacific 
        Ocean by a vessel using purse seine nets unless the 
        tuna is considered dolphin safe under paragraph (2).
          (C) Tuna harvested outside the eastern tropical 
        Pacific Ocean by a vessel using purse seine nets unless 
        the tuna is considered dolphin safe under paragraph 
        (3).
          (D) Tuna harvested by a vessel engaged in any other 
        fishery with a regular and significant incidental 
        mortality of marine mammals.
  (2)(A) For purposes of paragraph (1)(B), a tuna product that 
contains tuna harvested in the eastern tropical Pacific Ocean 
by a vessel using purse seine nets is dolphin safe if the 
vessel is of a type and size that the Secretary has determined, 
consistent with the International Dolphin Conservation Program, 
is not capable of deploying its purse seine nets on or to 
encircle dolphins, or if the product meets the requirements of 
subparagraph (B).
  (B) For purposes of paragraph (1)(B), a tuna product that 
contains tuna harvested in the eastern tropical Pacific Ocean 
by a vessel using purse seine nets is dolphin safe if the 
product is accompanied by a written statement executed by the 
captain of the vessel which harvested the tuna certifying that 
no dolphins were killed during the sets in which the tuna were 
caught and the product is accompanied by a written statement 
executed by--
          (i) the Secretary or the Secretary's designee;
          (ii) a representative of the Inter-American Tropical 
        Tuna Commission; or
          (iii) an authorized representative of a participating 
        nation whose national program meets the requirements of 
        the International Dolphin Conservation Program,
which states that there was an observer approved by the 
International Dolphin Conservation Program on board the vessel 
during the entire trip and documents that no dolphins were 
killed during the sets in which the tuna concerned were caught.
  (C) The statements referred to in clauses (i), (ii), and 
(iii) of subparagraph (B) shall be valid only if they are 
endorsed in writing by each exporter, importer, and processor 
of the product, and if such statements and endorsements comply 
with regulations promulgated by the Secretary which would 
provide for the verification of tuna products as dolphin safe.
  (3) For purposes of paragraph (1)(C), tuna or a tuna product 
that contains tuna harvested outside the eastern tropical 
Pacific Ocean by a vessel using purse seine nets is dolphin 
safe if--
          (A) it is accompanied by a written statement executed 
        by the captain of the vessel certifying that no purse 
        seine net was intentionally deployed on or to encircle 
        dolphins during the particular voyage on which the tuna 
        was harvested; or
          (B) in any fishery in which the Secretary has 
        determined that a regular and significant association 
        occurs between marine mammals and tuna, it is 
        accompanied by a written statement executed by the 
        captain of the vessel and an observer, certifying that 
        no purse seine net was intentionally deployed on or to 
        encircle marine mammals during the particular voyage on 
        which the tuna was harvested.
  (4) For purposes of paragraph (1)(D), tuna or a tuna product 
that contains tuna harvested in a fishery identified by the 
Secretary as having a regular and significant incidental 
mortality or serious injury of marine mammals is dolphin safe 
if it is accompanied by a written statement executed by the 
captain of the vessel and an observer participating in a 
national or international program acceptable to the Secretary 
certifying that no marine mammals were killed in the course of 
the fishing operation or operations in which the tuna were 
caught.
  (5) No tuna product may be labeled with any reference to 
dolphins, porpoises, or marine mammals, unless such product is 
labeled as dolphin safe in accordance with this subsection.
          * * * * * * *
  [(f) Regulations.--The Secretary, in consultation with the 
Secretary of the Treasury, shall issue regulations to implement 
this section not later than 6 months after the date of the 
enactment of this Act, including regulations establishing 
procedures and requirements for ensuring that tuna products are 
labeled in accordance with subsection (d).]
  (f) Tracking and Verification.--The Secretary, in 
consultation with the Secretary of the Treasury, shall issue 
regulations to implement subsection (d) not later than 3 months 
after the date of enactment of the International Dolphin 
Conservation Program Act. Such regulations shall, consistent 
with international efforts and in coordination with the Inter-
American Tropical Tuna Commission, establish a domestic and 
international tracking and verification program that provides 
for the effective tracking of tuna labeled under subsection 
(d), including but not limited to each of the following:
          (1) Specific regulations and provisions addressing 
        the use of weight calculation.
          (2) Additional measures to enhance observer coverage 
        if necessary.
          (3) Well location and procedures for monitoring, 
        certifying, and sealing holds above and below deck or 
        other equally effective methods of tracking and 
        verifying tuna labeled under subsection (d).
          (4) Reporting receipt of and database storage of 
        radio and facsimile transmittals from fishing vessels 
        containing information related to the definition of 
        sets.
          (5) Shore-based verification and tracking throughout 
        the transshipment and canning process.
          (6) Provisions for annual audits for caught, landed, 
        and processed tuna products labeled in accordance with 
        subsection (d).
The Secretary, when developing these regulations, shall 
establish appropriate procedures for ensuring the 
confidentiality of proprietary information either mandated or 
submitted voluntarily.
          * * * * * * *
                              ----------                              


                      TUNA CONVENTIONS ACT OF 1950

          * * * * * * *
  Sec. 3. The United States shall be represented on the two 
commissions by a total of not more than four United States 
Commissioners, who shall be appointed by the President, serve 
as such during his pleasure, and receive no compensation for 
their services as such Commissioners. Of such Commissioners--
          (a) * * *
          * * * * * * *
          [(c) at least one shall be an officer of the United 
        States Fish and Wildlife Service; and]
          (c) at least one shall be either the Director, or an 
        appropriate regional director, of the National Marine 
        Fisheries Service; and
          * * * * * * *
  [Sec. 4. The United States Commissioners shall (a) appoint an 
advisory committee which shall be composed of not less than 
five nor more than fifteen persons who shall be selected from 
the various groups participating in the fisheries included 
under the conventions, and from nongovernmental conservation 
organizations, and (b) shall fix the terms of office of the 
members of such committee, who shall receive no compensation 
for their services as such members. The advisory committee 
shall be invited to 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 
investigation, reports, recommendations, and regulations of the 
commissions. The advisory committee may attend all meetings of 
the international commissions to which they are invited by such 
commissions.]

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

  The Secretary, in consultation with the United States 
Commissioners, shall:
          (1) Appoint a General Advisory Committee which shall 
        be composed of not less than 5 nor more than 15 persons 
        with balanced representation from the various groups 
        participating in the fisheries included under the 
        conventions, and from nongovernmental conservation 
        organizations. The General Advisory Committee shall be 
        invited to have representatives attend all nonexecutive 
        meetings of the United States sections and shall be 
        given full opportunity to examine and to be heard on 
        all proposed programs of investigations, reports, 
        recommendations, and regulations of the commission. The 
        General Advisory Committee may attend all meetings of 
        the international commissions to which they are invited 
        by such commissions.
          (2) Appoint a Scientific Advisory Subcommittee which 
        shall be composed of not less than 5 nor more than 15 
        qualified scientists with balanced representation from 
        the public and private sectors, including 
        nongovernmental conservation organizations. The 
        Scientific Advisory Subcommittee shall advise the 
        General Advisory Committee and the Commissioners on 
        matters including the conservation of ecosystems; the 
        sustainable uses of living marine resources related to 
        the tuna fishery in the eastern Pacific Ocean; and the 
        long-term conservation and management of stocks of 
        living marine resources in the eastern tropical Pacific 
        Ocean. In addition, the Scientific Advisory 
        Subcommittee shall, as requested by the General 
        Advisory Committee, the United States Commissioners or 
        the Secretary, perform functions and provide assistance 
        required by formal agreements entered into by the 
        United States for this fishery, including the 
        International Dolphin Conservation Program. These 
        functions may include each of the following:
                  (A) The review of data from the Program, 
                including data received from the Inter-American 
                Tropical Tuna Commission.
                  (B) Recommendations on research needs, 
                including ecosystems, fishing practices, and 
                gear technology research, including the 
                development and use of selective, 
                environmentally safe and cost-effective fishing 
                gear, and on the coordination and facilitation 
                of such research.
                  (C) Recommendations concerning scientific 
                reviews and assessments required under the 
                Program and engaging, as appropriate, in such 
                reviews and assessments.
                  (D) Consulting with other experts as needed.
                  (E) Recommending measures to assure the 
                regular and timely full exchange of data among 
                the parties to the Program and each nation's 
                National Scientific Advisory Committee (or 
                equivalent).
          (3) Establish procedures to provide for appropriate 
        public participation and public meetings and to provide 
        for the confidentiality of confidential business data. 
        The Scientific Advisory Subcommittee shall be invited 
        to have representatives attend all nonexecutive 
        meetings of the United States sections and the General 
        Advisory Subcommittee and shall be given full 
        opportunity to examine and to be heard on all proposed 
        programs of scientific investigation, scientific 
        reports, and scientific recommendations of the 
        commission. Representatives of the Scientific Advisory 
        Subcommittee may attend meetings of the Inter-American 
        Tropical Tuna Commission in accordance with the rules 
        of such Commission.
          (4) Fix the terms of office of the members of the 
        General Advisory Committee and Scientific Advisory 
        Subcommittee, who shall receive no compensation for 
        their services as such members.
          * * * * * * *
                            DISSENTING VIEWS

    In October 1995, five environmental organizations announced 
their support for a document which became known as the ``Panama 
Declaration'': the result of their negotiations with the 
government of Mexico on changes to the Marine Mammal Protection 
Act (MMPA) and U.S. tuna labeling law. Until their 
announcement, the Congress, general public, and other 
interested parties had been unaware that these negotiations 
were underway.
    Since that time, numerous efforts have been made by those 
not include in the negotiations--including the ranking 
Democrats on the subcommittee and committee of jurisdiction--to 
find a compromise on this highly controversial and emotional 
issue. However, the supporters of H.R. 2823 have consistently 
argued that the Panama Declaration is an unamenable agreement, 
presented to the Congress under much the same terms as a Fast 
Track agreement. They have rejected any compromise not 
supported by the Mexican government and the Mexican tuna 
industry. We find the substance of this legislation 
unacceptable, and object to the dangerous precedent set by the 
process under which it was brought before the Congress.
    The ``fast track'' analogy is appropriate, since there is 
little doubt that the international trade dispute between 
Mexico and the United States over dolphin protection is the 
driving force behind the legislation. In 1990, Mexico and 
Venezuela filed a formal compliant with the General Agreement 
on Tariffs and Trade (GATT) regarding provisions in the U.S. 
Marine Mammal Protection Act which prohibit imports of tuna 
from nations whose tuna fishing fleets killed more dolphins 
than the U.S. fleet. Public outrate at the high level of 
slaughter prompted the embargoes, and the U.S. tuna canning 
industry announced a voluntary policy of refusing to purchase 
tuna caught by harming or killing dolphins: the now well-known 
``Dolphin Safe'' label found on cans of tuna sold in the United 
States.
    The GATT panel of judges hearing the Mexican complaint 
ruled against the United States, declaring, among other things, 
that no nation could impose trade restrictions against another 
(a) based on the way a product is harvested or made; or (b) to 
conserve natural resources outside of its territorial 
jurisdiction. Since that time, Mexico has been pressuring the 
U.S. to change its laws and lift the embargoes. Pressure has 
been particularly strong since the collapse of the peso and the 
resulting Mexican need for lucrative foreign markets for its 
products. Recently, Mexico and other nations have also 
threatened to renew their compliant under the auspices of the 
GATT's successor, the World Trade Organization (WTO). Under WTO 
rules, the U.S. can no longer block the implementation of a 
unfavorable ruling, and would have to change its laws to comply 
with the WTO ruling or compensate Mexico for the loss of the 
U.S. tuna market.
    There has been a great deal of confusion within the 
Congress and elsewhere regarding the provisions of U.S. law on 
which the original GATT ruling was based. Currently, canned 
yellowfin tuna from most latin American nations fishing in the 
eastern Pacific is banned from the U.S. due to a 1988 amendment 
to the MMPA. That amendment establishes a so-called 
``comparability'' standard for tuna fishing, and is based on a 
broad general requirement in the MMPA requiring that nations 
selling fish products in the U.S. have a marine mammal 
conservation program ``comparable'' to that of the U.S.
    ``Comparability'' for purse-seine tuna fishing requires 
that the tuna fishing fleet of any nation seeking to export its 
yellowfin tuna into the U.S. must not kill more than 1.25 x the 
number of dolphins killed by the U.S. fleet. At the time of its 
enactment, the U.S. fleet of approximately 50 vessels was 
fishing in the eastern Pacific, and was responsible for almost 
20,000 dolphin deaths in 1988. In the same year, the foreign 
fleets killed almost 60,000 dolphins.
    Two years later, the tuna canning companies of Starkist, 
Chicken of the Sea, and Bemblebee announced that they would not 
longer sell tuna caught by harming dolphins: a voluntary 
dolphin-safe policy. The announcement prompted Congress to 
respond with a statutory definition of ``dolphin safe'', and 
most of the U.S. fishing fleet relocated to American Samoa and 
began fishing in the western Pacific, where tuna is caught 
without casing, netting, and killing dolphins. The relocation 
effectively established a comparability standard of zero for 
other nations wishing to sell yellowfin tuna in the U.S. and 
prompted Mexico to issue a GATT challenge against the MMPA 
embargo provisions.
    It is important to note that it is this comparability 
provision of the MMPA which was judged by the GATT to be an 
illegal trade restriction--and not the dolphin-safe labeling 
law which has become the focus of the legislation currently 
under consideration. The GATT's decision was based on a 
violation of the so-called ``national treatment'' standard of 
the GATT; i.e., the embargo provision treated fishermen from 
other nations differently than it treated U.S. fishermen.
    Over the last six years, Mexico and the other nations 
fishing in the eastern Pacific have drastically reduced their 
level of dolphin mortality, to just over 3000 animals in 1995. 
Although the supporters of H.R. 2823 have accused its opponents 
of wanting to maintain the status quo in the eastern Pacific 
tuna fishery, an alternative bill, H.R. 2856, was introduced by 
Mr. Miller of California and offered as a substitute to H.R. 
2823 during the subcommittee's consideration of the 
legislation.
    H.R. 2856 would also lift the tuna embargoes, but would 
leave in place the existing U.S. dolphin-safe tuna market. 
Under these provisions, Mexico and other nations could sell 
their dolphin-safe tuna in the U.S. but would be continue to 
sell elsewhere their tuna caught by killing dolphins. This 
compromise has been unacceptable to Mexico, which has instead 
increased it lobbying efforts for passage of H.R. 2823.
    In addition, all Democratic efforts to find a consensus on 
this legislation have broken down over a change to the 
definition of ``dolphin safe'' proposed in H.R. 2823. Mexico--
and therefore the supporters of H.R. 2823--have consistently 
rejected any changes to U.S. laws that do not include a change 
in the statutory definition behind the well-known ``Dolphin 
Safe'' label. Supporters of H.R. 2856, on the other hand, 
believe that allowing foreign governments to dictate the terms 
of U.S. labeling standards is not acceptable to most Americans, 
and that changing the definition at a time when the scientific 
evidence indicates otherwise sets a dangerous precedent for 
other consumer information and labelling programs on products 
ranging from children's toys to food items.
    Under the current statutory definition of dolphin-safe--
which when enacted in 1990 was supported by the Bush 
Administration and most of the organizations now supporting 
H.R. 2823--no tuna product can be labelled ``Dolphin Safe'' if 
caught by chasing, harassing, or netting of dolphins. In this 
fishing method, large tuna purse-seine vessels deploy two to 
three speedboats and, generally,a helicopter in a high-speed, 
non-stop chase until the exhausted dolphins and the tuna 
swimming with them can be encircled with a net.
    H.R. 2823 as adopted by the Committee on Resources would 
change the meaning of dolphin-safe to allow dolphins to be 
chased and netted without limit. Mothers could be separated 
from their calves, feeding disrupted or prevented, animals 
could even be injured and, provided that no dolphins are 
observed to die during this process, the tuna could be labelled 
with the famous ``Dolphin Safe'' label.
    Marine mammal biologists are divided over the potential 
impact this fishing method may have on dolphin populations. 
Committee staff spoke with several biologists who have studied 
these dolphin populations for years--in some cases, for more 
than a decade--and those biologists have expressed serious 
concerns about the ramifications of changing the dolphin-safe 
definition while also opening U.S. markets to all tuna caught 
under international agreement in the eastern Pacific. The 
change would certainly increase the effort to catch tuna 
through the chasing and netting of dolphins. Under this 
agreement as codified by H.R. 2823, tuna caught by killing 
dolphins (with an annual mortality limit of 5000 animals) could 
also be sold in the U.S., although without the ``Dolphin Safe'' 
label.
    The two dolphin stocks most frequently chased and netted 
during tuna fishing--the eastern spinner and the northern 
offshore spotted dolphin--are at 20% or less of their original 
population sizes, according to biologists from the national 
Marine Fisheries Service. Although mortalities of these two 
stocks have been reduced greatly in recent years, neither 
stocks shows any signs of increase. With mortalities low, some 
biologists believe that the effects described above may be the 
reason for the unexplained but continued lack of recovery. They 
have suggested that Congress authorize a study to determine the 
possible effects of chase and encirclement prior to making 
these changes.
    Although Committee Democrats offered an amendment to H.R. 
2823 which was based on the recommendations of these 
scientists, the Committee Majority rejected the scientific 
advice, no better defense for their adherence to Mexico's 
insistence on a definition change than that no studies had been 
conducted to indicate that the process was not safety for 
dolphins. We find this defense short-sighted, and suggest that 
in fact, the above information on dolphin stocks demonstrates 
that the little evidence we have on this issue indicates that 
the wiser course would in fact be the opposite of that chosen 
by the Committee. Applying the Majority's views to other 
products would support, for example, the application of a 
``Child Safe'' label to toys provided that no studies had been 
conducted to prove them harmful to children. We believe this 
standard sets a dangerous precedent for other consumer 
information programs, and cannot support any legislation 
containing this provision.

                                   George Miller.
                                   Frank Pallone, Jr.
                                   Maurice D. Hinchey.
                                   Edward J. Markey.
                                   Gerry Studds.
                                   Patrick F. Kennedy.
                                   Peter DeFazio.
                                   Eni Faleomavaega.
                      ADDITIONAL DISSENTING VIEWS

    During the Committee's consideration of H.R. 2823, I 
offered an amendment intended to prevent American taxpayers 
from funding the Mexican-dominated yellowfin tuna fishery in 
the eastern tropical Pacific Ocean. The Committee, largely 
along party lines, opposed the amendment. By refusing to adopt 
the amendment, the Committee will cost taxpayers millions of 
dollars in coming years and continue the current U.S. practice 
of subsidizing the Mexican tuna industry.
    Tuna fishing in the eastern tropical Pacific Ocean is 
managed by an international organization established in 1949: 
the Inter-American Tropical Tuna Commission (IATTC). The 
convention establishing the IATTC requires nations to 
contribute to its expenses based on the proportion of the total 
catch ``utilized'' by that nation. The convention also defines 
``utilization'' to mean the fish consumed by that nation or the 
level of financial gain that nation receives from the fishery.
    Following enactment of the Dolphin Protection and Consumer 
Information Act in 1990, most of the U.S. tuna fishing fleet 
left the eastern Pacific to fish dolphin-safe in the western 
Pacific Ocean. Although U.S. consumption of tuna from the 
eastern Pacific has dropped to less than 5% of the total catch 
in recent years, and the U.S. fleet has relocated to lucrative 
fishing grounds in the western Pacific, the American taxpayer 
continues to pick up the tab for the management of a fishery 
whose profits go to Mexico, Venezuela, and other nations. The 
chart which follows these remarks breaks down the 1994 
government contributions to the IATTC.
    Not only does the IATTC receive virtually its entire 
operating budget from the U.S., it also occupies U.S. 
government office space virtually rent-free.
    The IATTC headquarters is located in approximately 20,000 
square feet of a building occupied by the National Marine 
Fisheries Service on the ocean front in La Jolla, California. 
Paying only $24,000 annually for expenses, the IATTC is 
receiving an additional significant subsidy from the U.S. 
taxpayer.
    In an effort to better understand exactly how much the 
IATTC is benefitting from U.S. taxpayers, we contacted 
commercial real estate brokers in La Jolla to inquire about the 
cost of leasing 20,000 square feet of waterfront office space. 
The brokers informed us that it would be virtually impossible 
to find office space of that size in any one building in La 
Jolla, indicating that in addition to the financial subsidy, 
the IATTC benefits considerably from the sheer convenience of 
the location. If available, the space would rent for an average 
of $24 per square foot--or approximately $500,000 annually.
    During the Committee's consideration of H.R. 2823, the 
bill's supporters noted that the above chart did not include 
Mexico's 1995 contribution of approximately $2 million to the 
IATTC's tuna/dolphin research program. We would respond to 
those who defend the U.S. subsidy of the Mexican industry that, 
during the past five years while Mexico reaped the benefits of 
this fishery, the Congress has also appropriated a minimum of 
$500,000 annually for similar research.
    By our calculations, the U.S. taxpayer has subsidized the 
Mexican tuna industry by no less than $12 million over the past 
five years.
    The amendment would have (a) included a sense of the 
Congress that each nation fishing for tuna in the eastern 
Pacific should pay an equitable share of the IATTC budget; and 
(b) assured that the U.S. contribution to the IATTC would never 
exceed the U.S. share based on its utilization of the fishery.
    While the Committee Majority supported retaining the sense 
of the Congress provision, they chose to delete the language 
that would have assured protection for American taxpayers. At a 
time when the Republican Majority in the Congress is cutting 
assistance to America's poor, opposes any increase in the 
minimum wage, and is attacking Medicaid and Medicare in order 
to reduce the federal deficit, I find the unwavering support of 
a U.S. taxpayer subsidy of the Mexican fishing industry 
disingenuous at best.

Government Contributions to the Inter American Tropical Tuna Commission 
                                 (1994)

    This chart reflects the trend of the past five years. The 
1994 budget of the Inter American Tropical Tuna Commission 
(IATTC) was $4,395,633,\1\ of which $1,967,783 were salary 
expenses for IATTC staff. Government contributions to the IATTC 
for joint expenses were:
---------------------------------------------------------------------------
    \1\ Source for all figures: 1994 Annual Report of the Inter 
American Tropical Tuna Commission. At the time of Committee 
consideration of the legislation, the 1995 Annual Report had not yet 
been published.

------------------------------------------------------------------------
                                                                 Tuna   
               Country                     Contribution        vessels  
------------------------------------------------------------------------
U.S..................................      (91%) $2,734,000       (8%) 9
Japan................................               262,761            0
France...............................                17,501            0
Nicaragua............................                   500            0
Panama...............................                   500            1
Vanuatu..............................                   500           17
Mexico...............................                     0     (36%) 39
Venezuela............................                     0           20
Ecuador..............................                     0           11
Colombia.............................                     0            7
St. Vincent..........................                     0            2
Belize...............................                     0            1
Cyprus...............................                     0            1
Spain................................                     0            1
                                      ----------------------------------
      Total..........................             3,015,762          109
------------------------------------------------------------------------

                                                     George Miller.
                            A P P E N D I X

                              ----------                              

                     U.S. House of Representatives,
                                     Committee on Commerce,
                                     Washington, DC, June 27, 1996.
Hon. Don Young,
Chairman, Committee on Resources, Longworth House Office Building, 
        House of Representatives, Washington, DC.
    Dear Mr. Chairman: On May 8, 1996, the Committee on 
Resources ordered reported H.R. 2823, the ``International 
Dolphin Conservation Program Act.'' This measure, among other 
things, provides for the implementation of the Declaration of 
Panama signed in 1995 by the United States and 11 other 
nations.
    H.R. 2823 includes several provisions within the 
jurisdiction of the Committee on Commerce. In implementing the 
Declaration, the bill amends the ``Dolphin Consumer Information 
Act of 1989,'' on which the Commerce Committee took action 
during the 101st Congress. The 1989 Act was incorporated into 
the reauthorization bill for the Magnuson Fishery Conservation 
and Management Act (PL 101-627). H.R. 2823 provides for 
implementation of the Declaration in an effort to increase 
international participation in activities to reduce the number 
of dolphins and other marine mammals that die each year as a 
result of tuna fishing techniques. The Act would modify the 
definition of ``dolphin safe'' for the purpose of labeling tuna 
products sold in the United States, and alter current 
regulations on the importation of tuna products. Also, the bill 
would make misuse of the ``dolphin safe'' label an unfair and 
deceptive trade practice under Section 5 of the Federal Trade 
Commission Act.
    Recognizing your Committee's desire to bring this 
legislation expeditiously before the House, I will not seek a 
sequential referral of the bill. However, by agreeing not to 
seek a sequential referral, this Committee does not waive its 
jurisdictional interest in the matter. I reserve the right to 
seek equal conferees on all provisions of the bill that are 
within my Committee's jurisdiction during any House-Senate 
conference that may be convened on this legislation. I want to 
thank you and your staff for your assistance in providing the 
Commerce Committee with an opportunity to review its 
jurisdictional interests in H.R. 2823.
    I would appreciate your including this letter as a part of 
the Resource Committee's report on H.R. 2823, and as part of 
the record during consideration of this bill by the House.
            Sincerely,
                                   Thomas J. Bliley, Jr., Chairman.
                                ------                                

                     U.S. House of Representatives,
                                    Committee on Resources,
                                     Washington, DC, June 27, 1996.
Hon. Thomas J. Bliley, Jr.,
Chairman, Committee on Commerce, Rayburn House Office Building, 
        Washington, DC.
    Dear Mr. Chairman: Thank you for your letter regarding the 
jurisdictional interest of your committee in H.R. 2823, the 
International Dolphin Conservation Program Act. As noted in 
your letter, my Committee ordered this legislation reported on 
May 8, 1996. In the interests of moving this legislation 
forward, I appreciate your decision not to exercise your right 
to a sequential referral of the bill.
    In addition to recognizing your jurisdictional claims, I 
will support your request for conferees on provisions of the 
measure within the jurisdiction of the Committee on Commerce 
should the measure proceed to conference.
    I appreciate your cooperation and that of your staff 
(especially Paige Estep) in helping expedite consideration of 
this important environmental bill. I look forward to bringing 
it before the House of Representatives soon.
            Sincerely,
                                               Don Young, Chairman.