[Senate Report 104-373]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 637
104th Congress                                                   Report
                                 SENATE

 2d Session                                                     104-373
_______________________________________________________________________



 
            INTERNATIONAL DOLPHIN CONSERVATION PROGRAM ACT

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                    on

                                S. 1420




               September 30, 1996.--Ordered to be printed


       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                      one hundred fourth congress
                             second session

  LARRY PRESSLER, South Dakota, 
             Chairman
ERNEST F. HOLLINGS, South Carolina   TED STEVENS, Alaska
DANIEL K. INOUYE, Hawaii             JOHN McCAIN, Arizona
WENDELL H. FORD, Kentucky            CONRAD BURNS, Montana
J. JAMES EXON, Nebraska              SLADE GORTON, Washington
JOHN D. ROCKEFELLER IV, West VirginiaTRENT LOTT, Mississippi
JOHN F. KERRY, Massachusetts         KAY BAILEY HUTCHISON, Texas
JOHN B. BREAUX, Louisiana            OLYMPIA J. SNOWE, Maine
RICHARD H. BRYAN, Nevada             JOHN ASHCROFT, Missouri
BYRON L. DORGAN, North Dakota        BILL FRIST, Tennessee
RON WYDEN, Oregon                    SPENCER ABRAHAM, Michigan
  Patric G. Link, Chief of Staff
Kevin G. Curtin, Democratic Chief 
    Counsel and Staff Director


                                                       Calendar No. 637
104th Congress                                                   Report
                                 SENATE

 2d Session                                                     104-373
_______________________________________________________________________


             INTERNATIONAL DOLPHIN CONSERVATION PROGRAM ACT

                                _______
                                

               September 30, 1996.--Ordered to be printed

_______________________________________________________________________


      Mr. Pressler, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                         [To accompany S. 1420]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 1420) 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, 
reports favorably thereon with amendments and recommends that 
the bill as amended do pass.

                          Purpose of the Bill

  The purposes of S.1420, the International Dolphin 
Conservation Program Act (the Act), are to: (1) 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, relating to the protection of dolphins, 
and the conservation and management of tuna in the eastern 
tropical Pacific Ocean (ETP) including the establishment of the 
International Dolphin Conservation Program (IDCP); (2) 
recognize that nations fishing for tuna in the ETP have 
achieved significant reductions in dolphin mortality associated 
with the fishery; and (3) eliminate the current ban on imports 
of tuna from nations that are in compliance with the IDCP.

                          Background and Needs

  The eastern tropical Pacific Ocean, an area of more than five 
million square miles ranging from southern California down the 
coast to Chile is home to one of the world's most economically 
important fisheries, the yellowfin tuna fishery (Thunnus 
albacares). Development of this fishery began in the early 
1900's, mostly by baitboat fishermen from the United States. By 
the 1950's, however, the U.S. fleet suffered economic hardship 
due to foreign competition and the poor efficiency of baitboat 
fishing. When the first U.S. baitboat converted to purse-seine 
fishing in 1957, efficiency more than doubled. Newly-developed 
synthetic nets and power blocks used to retrieve the nets made 
this form of fishing particularly efficient, and within a few 
years all baitboats had been converted to purse-seine vessels.
  For reasons not yet understood, large yellowfin tuna tend to 
congregate beneath schools of dolphins in the ETP. Fishermen 
are able to locate these large tuna schools by sighting the 
surfacing dolphins. Since the 1950's fishermen have deployed 
large purse-seine nets around schools of dolphins to harvest 
the tuna swimming below, a practice known as ``setting on 
dolphins'' or ``fishing on dolphins.'' This practice can kill 
or injure dolphins because the dolphins become entangled in the 
nets and may drown or suffer from other injuries as the net is 
hauled back. Since the purse seine fleet first began extensive 
fishing operations in the ETP in 1959, the practice of setting 
on dolphins has been estimated to have killed or injured over 6 
million dolphins according to the National Marine Fisheries 
Service. Much of this total dolphin mortality occurred before 
national legislation to conserve dolphin populations was 
enacted, before U.S. market access was denied to nations that 
practice setting on dolphins, and before international 
agreements to reduce dolphin mortality were initiated with 
other yellowfin tuna harvesting nations in the ETP.
  After enactment of the Marine Mammal Protection Act (MMPA) in 
1972, the number of dolphins killed annually by the American 
fleet, declined significantly, from nearly 360,000 in 1972 to 
about 20,000 in 1980. The American fleet was the largest 
yellowfin tuna harvesting fleet in the ETP during this period. 
This decrease was achieved through regulations requiring the 
use of improved gear and fishing practices, on-board federal 
observers, and numerical quotas setting maximum numbers of 
dolphins permitted to be killed each year. In 1981, the 
Congress adopted amendments which stated that the goal of 
reducing dolphin mortality would be satisfied in the ETP 
yellowfin tuna purse-seine fishery through the continued 
application of the best marine mammal safety techniques and 
equipment that are economically and technologically 
practicable. Even with these improvements, occasionally 
dolphins become tangled in the net and are drowned or seriously 
injured. This source of dolphin mortality and the biological, 
economic, and political effects of programs developed 
nationally and internationally to reduce dolphin mortality has 
been the subject of strong debate.
  During the reauthorization of the Marine Mammal Protection 
Act (MMPA) in 1984, 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 offset by increased mortalities occurring in the foreign 
tuna fleet. The U.S. fleet is required by the MMPA to reduce 
the adverse effects of human activities on marine mammals, and 
attempt to reduce the incidental mortality and serious injury 
of marine mammals in commercial fishing to insignificant levels 
approaching zero. Because the U.S. is the largest market for 
canned tuna, the MMPA was amended to require each nation 
seeking access to the U.S. market to document that their 
adopted dolphin protection program and incidental mortality 
rate were ``comparable'' to that of the U.S. fleet. Nations 
failing to meet the comparability requirements became subject 
to a U.S. ban on tuna imports.
  The 1984 MMPA ``comparable'' standards were not implemented 
until March of 1988, and in the interim, dolphin mortality by 
foreign fleets steadily increased. By 1986, vessels from at 
least eight different nations fished for yellowfin tuna with 
purse-seine vessels in the ETP. These foreign vessels composed 
roughly 70% of the tuna fleet, had dolphin mortality levels 
nearly four times that of U.S. vessels, and were estimated to 
kill more than 100,000 dolphins annually according to figures 
from the Inter-American Tropical Tuna Commission (IATTC). In 
response, further amendments to U.S. law were enacted which 
affected both the U.S. fleet and foreign-flagged tuna fishing 
fleets wishing to import tuna into the U.S. These amendments 
included a prohibition on setting nets on dolphins at sundown, 
a prohibition on using all but the weakest explosive devices 
for herding dolphins and tuna, and the establishment of a 
skipper performance system. Additionally, these 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 requirements for remedial training for 
skippers with poor records, regulations equivalent to those for 
U.S. vessels, and an observer program comparable to that of the 
U.S. fleet. Perhaps most important was the requirement that the 
per vessel annual dolphin mortality rate of any foreign tuna 
fishing fleet 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. Also, the 1988 amendments 
prevented the importation of tuna into the United States from 
third party or ``intermediary'' nations that do not meet the 
comparability standard in order to prevent tuna not caught in 
compliance with the MMPA from being ``laundered'' to avoid the 
U.S. embargo.
  On April 12, 1990, the Starkist Seafood Company (a subsidiary 
of the H.J. Heinz Company) announced its policy to discontinue 
purchase of any tuna caught in association with dolphins, and 
began to label cans of tuna sold in the United States with a 
``dolphin-safe'' label, largely in response to public concern 
over dolphin mortality. Van Camp Seafood (Chicken of the Sea), 
and Bumble Bee, and other smaller canned tuna suppliers quickly 
followed with similar dolphin-safe labeling policies. The three 
major companies accounted for over 80 percent of canned tuna 
sold in the United States.
  Following this voluntary action, the Dolphin Protection 
Consumer Information Act was introduced and later added as an 
amendment to 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, be accompanied by 
certification from a qualified observer that no ``dolphin 
sets'' were made for the entire fishing trip. This Act further 
specified that tuna caught in driftnets could not qualify for 
the dolphin-safe label.
  In August 1990 the United States embargoed tuna imports from 
Mexico, Venezuela, and Vanuatu for failure to meet the MMPA 
comparability requirements. In response, Mexico requested 
consultations with the United States. After bilateral 
consultations failed to result in an accord, on January 25, 
1991, Mexico challenged the MMPA as a non-tariff trade barrier 
under the General Agreement on Tariffs and Trade (GATT) and 
requested the establishment of a three member dispute 
settlement panel to review the MMPA trade sanction provisions. 
Japan, Canada, and the European Economic Community submitted 
briefs on Mexico's behalf. On September 16, 1991, the panel 
delivered its decision in favor of Mexico. The GATT panel found 
that the U.S. ban on tuna imports was in violation of GATT and 
concluded that the MMPA embargo provisions were not 
permissible. The panel did, however, determine that the canned 
tuna-labelling law was not inconsistent with GATT. The GATT 
Council, however, did not immediately adopt the panel's 
findings. Consequently, the U.S. is not technically in 
violation of GATT at this time. Mexico has not reinstituted the 
challenge to the World Trade Organization (WTO), the successor 
to GATT. Embargoes of tuna from Colombia, Mexico, Panama, 
Vanuatu, and Venezuela, and intermediary nation embargoes 
against Costa Rica, Italy, and Japan are currently in effect.

    IMPROVED FISHING METHODS AND THE REDUCTION OF DOLPHIN MORTALITY

  The average yearly catch of yellowfin tuna in the ETP for the 
past several years has been greater than 300,000 short tons 
and, according to Inter-American Tropical Tuna Commission 
(IATTC) reports, the stock is capable of sustaining harvests at 
this level. The yellowfin tuna associated with dolphins tend to 
be larger, more sexually mature, and more valuable than tuna 
caught by other methods of fishing in the ETP. Alternatives to 
setting on dolphins include setting nets around schools of tuna 
attracted to floating objects, ``log fishing'' or around free 
swimming schools of fish, ``school fishing''. Yellowfin tuna 
caught by setting on dolphins have a higher average weight, 
approximately 45 pounds per fish, and are older in age. Fifty 
percent of the fish caught have already reached spawning 
maturity. Tuna caught by both log and school set techniques 
average roughly half the weight per fish as those harvested 
through encirclement, weighing approximately 10 pounds per fish 
for log sets, and 28 pounds per fish for school sets. The tuna 
caught using log and school set techniques are also younger, 
and less than 20 percent of the fish are at spawning maturity 
when caught according to IATTC data.
  Setting on dolphins results in little bycatch or incidental 
harvest other than dolphins. In recent years, great 
improvements have been realized in yellowfin tuna purse seine 
fishing by releasing dolphins through the ``back down'' 
technique. While school and log fishing methods have almost no 
dolphin mortality, the bycatch of other species has become an 
issue of concern for the IATTC and some environmental 
conservation organizations. Recent peer review studies of IATTC 
data by the National Research Council indicate that bycatch 
from these methods is much higher in terms of weight and 
includes a larger range of species other than marine mammals. 
This bycatch includes sharks, billfish, sea turtles, and a 
great number of immature yellowfin tuna. The loss of immature 
tuna is considered by IATTC researchers to be a potentially 
serious threat to the sustained recruitment of the tuna 
population. Additionally, compared to setting on dolphins, the 
average catch of yellowfin tuna per day is significantly less 
for log- and school-set caught tuna. Because the average weight 
per fish is lower, they are more difficult to process. The 
proportion of smaller (and less valuable) skipjack tuna in the 
catch is also greater, and the catch therefore typically brings 
a significantly lower price per pound.

           THE INTERNATIONAL DOLPHIN CONSERVATION ACT OF 1992

  On March 3, 1992, the Department of State and the Department 
of Commerce submitted to Congress a legislative proposal aimed 
at promoting international dolphin protection and resolving the 
Mexican challenge under GATT. A modified version of this 
legislation (P.L. 102-523) was adopted by the Congress and 
imposed an indefinite moratorium, lasting for a minimum of 
five-years, on the practice of setting on dolphins. In the 
interim before the effective date of the moratorium, tuna 
embargoes would be lifted for nations that committed to: (1) 
implementation of a moratorium; (2) observer coverage on all 
purse-seine vessels fishing in the ETP; and (3) significant 
annual reductions in dolphin mortality each year until the 
moratorium began. The legislation amended the MMPA further by: 
(1) revising the quotas applicable to the U.S. fleet; (2) 
modifying the American Tunaboat Association's general permit to 
proscribe setting on eastern spinner or coastal spotted 
dolphins; and (3) prohibiting (effective June 1, 1994) the 
sale, purchase, transport, or shipment in the United States of 
any tuna that is not dolphin-safe, in other words tuna caught 
by the practice of setting on dolphins. Although no other 
fishing nation has been willing to implement a moratorium, and 
certain provisions of the Act never went into effect, under the 
Act, only dolphin-safe tuna may now enter the United States. 
The ban on tuna that is not dolphin-safe in the U.S. market and 
the enactment of the South Pacific Tuna Treaty which 
accommodated many of the U.S. tuna fishermen displaced from the 
ETP, effectively ended the practice of setting on dolphins by 
the U.S. fleet in the ETP. In 1995 no sets on dolphins were 
made by the five U.S. vessels in the ETP fishery.

                  THE IATTC AND THE LA JOLLA AGREEMENT

  On April 21-23, 1992, in La Jolla, California, 
representatives from a number of governments, including the 
United States, attended a meeting sponsored by the IATTC 
addressing dolphin mortality in the ETP. On June 18, 1992, the 
IATTC adopted a voluntary international agreement, the La Jolla 
agreement, establishing a multilateral program to reduce 
dolphin mortality in the ETP fishery to levels approaching 
zero. The governments in attendance were Costa Rica, Ecuador, 
Nicaragua, Panama, the United States, Vanuatu, and Venezuela, 
who are members in the IATTC, and Colombia, Mexico, and Spain 
who are not members of the IATTC. The new IATTC program 
contained the following elements: (1) limitations on dolphin 
mortalities in the ETP yellowfin tuna purse-seine fishery, 
beginning with 19,500 annual mortalities in 1993, and 
diminishing each year to less than 5,000 annual mortalities by 
1999, a number less than 0.1 percent of the estimated total 
dolphin population; (2) requirements that these limits be 
assigned on a per-vessel basis, termed a Dolphin Mortality 
Limit (DML), and that a vessel cease fishing when it reaches 
its annual dolphin quota; (3) observer coverage in all ETP tuna 
purse-seine vessels; (4) establishment of a review panel to 
monitor compliance; (5) establishment of an international 
research program on methods of reducing dolphin mortalities; 
and (6) establishment of a scientific advisory board to 
facilitate research.
  The signatories have continued to operate under this 
agreement voluntarily. Some nations, such as Mexico, Venezuela, 
and Colombia have expressed concerns that their efforts to 
reduce dolphin mortality in the ETP yellowfin tuna purse-seine 
fishery under the La Jolla Agreement have not resulted in a 
lifting of the U.S. embargo against tuna caught by setting on 
dolphins. These nations have expressed a desire for changes in 
U.S. law which would allow tuna caught by setting on dolphins 
using improved fishing practices and gear to be imported into 
the U.S. market under international agreements between the 
United States and tuna harvesting nations. Foreign nations 
currently harvest over 95 percent of yellowfin tuna in the ETP.

            STATUS OF THE U.S. TUNA FISHING FLEET IN THE ETP

  In the mid-1970's the U.S. fleet consisted of more than 100 
vessels and accounted for nearly 70 percent of the fishing 
capacity in the ETP. Since then, the fleet has steadily 
decreased due to foreign competition, increasing regulatory 
pressures, and other fishing opportunities in the western 
tropical Pacific. In 1995 the U.S. ETP tuna fleet consisted of 
five vessels; 95 foreign vessels fished the ETP during the same 
period. All observed dolphin mortalities for 1995 were due to 
foreign fishing operations.
  In 1995, 81 vessels requested DML's, none of which were from 
the United States. Those U.S. vessels still fishing in the ETP 
use methods other than setting on dolphins. Much of the former 
U.S. fleet has either been sold or reflagged under Central or 
South American registries, or has moved to the southwestern 
tropical Pacific. Efforts were made to accommodate many of the 
U.S. tuna fishermen displaced from the ETP through the South 
Pacific Tuna Treaty. This treaty provides U.S. fishing vessels 
access to waters in the southwestern Pacific. Skipjack tuna is 
the most commonly harvested tuna in the southwestern tropical 
Pacific. Because dolphins and skipjack tuna do not typically 
associate in the southwestern Pacific, the tuna harvested by 
purse-seine vessels in the treaty area is considered dolphin-
safe. Currently, the U.S. canned tuna market is served mainly 
from this skipjack tuna fishery.

                         THE PANAMA DECLARATION

  In August 1995 several U.S. environmental organizations and 
six Latin American countries initiated efforts to strengthen 
the IATTC dolphin protection and monitoring program, and to 
improve access to the U.S. market for tuna caught by setting on 
dolphins using ``back-down'' and other fishing gear and 
practices which minimize dolphin mortality. On October 4, 1995, 
that initiative, the ``Declaration of Panama,'' was signed by 
the twelve nations which fish for tuna in the ETP. The twelve 
signatory countries to the Panama Declaration include: Belize, 
Colombia, Costa Rica, Ecuador, France, Honduras, Mexico, 
Panama, Spain, the United States, Vanuatu and Venezuela. The 
Panama Declaration is a commitment to conclude, upon adoption 
of certain changes to U.S. domestic law, a binding agreement 
based on the provisions of the La Jolla Agreement with 
additional provisions to improve procedures for monitoring and 
enforcing efforts to reduce dolphin mortality.
  Specifically, the Panama Declaration would: (1) establish a 
permanent annual dolphin mortality limit in the ETP at 5,000 
dolphins, which would be reduced to a level approaching zero 
through the setting of annual limits, for all vessels 
conducting purse-seine fishing for tuna in the ETP; (2) set 
annual mortality limits for each of the dolphin stocks in the 
ETP; (3) shift current enforcement and monitoring requirements 
from a per trip basis to a per set basis; and (4) allow tuna 
harvested by setting on dolphins access to the U.S. market 
under a program administered by the IATTC. This program would 
permit setting on dolphins, under the same annual and per stock 
levels established under the La Jolla Agreement, require 
observer coverage onboard those vessels, and require that 
vessels cease setting on dolphins once that vessel reaches the 
annual or per stock dolphin mortality level assigned for that 
vessel.
  Additionally, the signatories to the Panama Declaration agree 
to: (1) commit to long-term conservation and management 
measures for tuna stocks and other living marine resources in 
the ETP based on the best available scientific evidence; (2) 
commit to assess and reduce the bycatch of juvenile yellowfin 
tuna and other non-target species; (3) enhance reporting 
compliance; (4) enhance enforcement, data exchange, 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 (5) conduct a 
scientific assessment by 1998 to review progress toward meeting 
the objective of reducing dolphin mortality to 0.1 percent of 
the Minimum Estimated Abundance (NME) as established by the 
National Marine Fishery Service (NMFS); and (6) establish a 
system of incentives for vessel captains to continue to reduce 
dolphin mortality;
  The Panama Declaration explicitly states that the adoption 
and implementation of the IDCP is contingent upon three changes 
to U.S. law: (1) lifting the current primary and secondary U.S. 
embargoes on harvesting and intermediary nations for yellowfin 
tuna from the ETP which is caught in compliance with the IDCP; 
(2) allowing U.S. market access to those nations harvesting 
tuna in the ETP in compliance with the IDCP, and which are, or 
have initiated steps to become members of the IATTC; and (3) 
changing the U.S. dolphin-safe labeling requirement so that 
dolphin-safe is defined as tuna caught in a set in which no 
dolphin mortality was observed and documented by observers, 
rather than the existing definition of dolphin-safe tuna as 
tuna caught by a method other than the encirclement of 
dolphins.

                          Legislative History

  S. 1420 was introduced on November 17, 1995, by Senator 
Stevens. Senators Breaux, Chafee, Johnston, Murkowski, Moseley-
Braun and Thurmond are cosponsors.
  On April 25, 1996, a hearing on the bill was conducted by 
Senator Stevens, Chairman of the Subcommittee on Oceans and 
Fisheries. Senators Boxer, Biden and Chafee provided testimony 
along with representatives from the Department of State, the 
Department of Commerce, the IATTC, the Center for Marine 
Conservation, the Dolphin-Safe/Fair Trade Campaign and the 
Public Citizen/Citizen Trade Campaign.
  On June 6, 1996, in open executive session, the Committee 
without objection, ordered S. 1420, reported with an amendment. 
The amendment offered by Senator Stevens includes the 
following: (1) several statements to the findings and purposes 
section of the bill that would recognize the role of the United 
States in dolphin conservation and reflect progress made in 
recent years; (2) a requirement that all nations meet their 
yearly dolphin mortality limits in order for them to import 
tuna into the U.S.; (3) a requirement that all nations 
participating in the fishery become members of the IATTC within 
six months of the enactment of the legislation, or their tuna 
could not be imported into the U.S.; (4) a requirement that the 
Secretary of Commerce (Secretary) establish guidelines for a 
domestic and international tracking and verification program to 
ensure appropriate labeling for dolphin-safe tuna; and (5) 
authorization of $1.0 million to be used to study the effects 
of encirclement on dolphin populations.
  Senators Hollings, Inouye, and Kerry raised several concerns 
during consideration of S. 1420. Specifically, concerns were 
raised regarding the definition of dolphin-safe tuna, the 
lifting of the embargo against tuna caught through setting on 
dolphins, whether tuna harvested which resulted in the serious 
injury of dolphins should be admitted to the U.S. market, and 
whether to allow canneries to display any dolphin-safe label 
other than the approved Federal ``dolphin-safe'' label mandated 
by S. 1420. Current law allows canneries to display alternative 
voluntary labels. The sponsors of the bill indicated a desire 
to address concerns raised by Senators Boxer and Biden 
concerning several provisions in S. 1420. A commitment was made 
to continue efforts to address concerns raised by members 
before the legislation is considered by the full Senate.

                      Summary of Major Provisions

  S. 1420, the International Dolphin Conservation Program Act, 
as reported, amends the Marine Mammal Protection Act, and makes 
other necessary changes to implement the agreements of the 
Panama Declaration. S. 1420 would: (1) lift existing embargoes 
on the harvest of yellowfin tuna by purse-seine vessels in the 
ETP caught in compliance with the IDCP; (2) allow tuna products 
to be labelled as dolphin-safe if there were no observed 
mortality of dolphins during the harvest of the tuna in that 
tuna product; (3) adopt the annual, per-stock, and per-vessel 
mortality limits established in the Panama Declaration; (4) 
allow U.S. fishermen to participate in the IDCP by providing 
the United States with a portion of the annual quota, allowing 
setting on dolphins under IDCP procedures, and providing market 
access for tuna caught in compliance with the IDCP; (5) provide 
the Secretary emergency regulatory authority over U.S. 
fishermen to reduce the mortality and injury of dolphins; (6) 
authorize funding for research on (among other things) the 
effect of the encirclement on dolphins by purse seine nets, the 
status of dolphin stocks, and new cost-effective fishing 
methods which do not require setting on dolphins; (7) create a 
general advisory committee and scientific advisory committee to 
assist the U.S. delegates to the IDCP.

                            Estimated Costs

  In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and Section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 18, 1996.
Hon. Larry Pressler,
Chairman, Committee on Commerce, Science, and Transportation, U.S. 
        Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1420, the 
International Dolphin Conservation Program Act.
    Enacting S. 1420 could effect 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: S. 1420.
    2. Bill title: International Dolphin Conservation Program 
Act.
    3. Bill status: As ordered reported by the Senate Committee 
on Commerce, Science, and Transportation on June 6, 1996.
    4. Bill purpose: S. 1420 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 that 
        International Dolphin Conservation Program (IDCP) 
        operated under the auspices of the Inter-American 
        Tropical Tuna Commission (IATTC);
          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 calendar year 2000, and 0.1 percent of that 
        minimum beginning with calendar year 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 which he could then spend without 
        further appropriation;
          authorize to be appropriated to the DOC $1 million 
        for scientific research on the effect of chase and 
        encirclement on dolphin health and biology;
          direct the Secretary to undertake or support 
        additional research on improved fishing methods, purse 
        seine fishing in the ETP, and the extent to which 
        species other than mature yellowfin tuna are 
        incidentally taken in the course of purse seine fishing 
        for yellowfin tuna in the ETP; 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 implementing S. 1420 would cost about $2 million in fiscal 
year 1998, and about $6 million over the 1997-2002 period, 
assuming appropriations consistent with the bill's provisions. 
In addition, CBO estimates that enacting S. 1420 could generate 
additional offsetting receipts from fees on fishing permits. We 
estimate that receipts from any new permit fees would total 
less than $100,000 a year over the 1997-2002 period. The bill 
would give the Department of Commerce the authority to spend 
these receipts on program expenses without further 
appropriation. Therefore, we estimate the net effect on direct 
spending would be zero. Finally, based on information from the 
International Trade Commission (ITC), CBO estimates that S. 
1420 would increase governmental receipts by less than $500,000 
annually. The following table summarizes the estimated 
budgetary impact of S. 1420.

                                    [By fiscal years, in millions of dollars]                                   
----------------------------------------------------------------------------------------------------------------
                                                                   1997    1998    1999    2000    2001    2002 
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATIONS                                 
                                                                                                                
Estimated authorization level...................................  ......       2       1       1       1       1
Estimated outlays...............................................  ......       2       1       1       1       1
                                                                                                                
                                               CHANGES IN REVENUES                                              
                                                                                                                
Revenues                                                                                                        
    Estimated revenues..........................................   (\1\)   (\1\)   (\1\)   (\1\)   (\1\)   (\1\)
----------------------------------------------------------------------------------------------------------------
\1\ Less than $500,000.                                                                                         

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

Basis of estimate

            Discretionary spending
    S. 1420 would specifically authorize the appropriation of 
$1 million to be used by the DOC's National Marine Fisheries 
Service to support scientific research on the effect of chase 
and encirclement on dolphin health and biology. In addition, 
the bill would direct the Secretary of Commerce to undertake or 
support research in several areas including improved fishing 
methods, stock assessments of marine mammals, and the 
incidental taking of non-target species in the course of purse 
seine fishing in the ETP. Based on information from the DOC's 
National Marine Fisheries Service, CBO estimates that carrying 
out this research would cost about $1 million per year, 
assuming appropriations of the estimated amounts. In total, we 
estimate outlays of about $2 million in fiscal year 1998 and $1 
million a year thereafter, assuming appropriation of the 
necessary sums.
            Direct spending (including offsetting receipts)
    S. 1420 could affect direct spending, but CBO estimates 
that the net impact would be zero in each year. Enacting the 
bill could result in small amounts of new offsetting receipts 
and spending of those receipts, as explained below.
    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 
expires December 31, 1999. Over the last year, about five U.S. 
vessels have been harvesting tuna in the ETP under the permit.
    Enacting S. 1420 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. S. 1420 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 by the Under 
Secretary of Commerce for Oceans and Atmosphere for the 
expenses incurred in issuing permits.
    Although enacting S. 1420 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. As noted above, any increase in 
offsetting receipts would be matched by increased spending, for 
a net impact of zero in each 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. S. 1420 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.
    6. 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 
S. 1420 could affect both direct spending and governmental 
receipts, but we estimate that there would be no net change in 
direct spending and that any change in governmental receipts 
would be less than $500,000 a year. The estimated pay-as-you-go 
impact is summarized in the following table.

                                                                        
                [By fiscal years, in millions of dollars]               
------------------------------------------------------------------------
                                            1996       1997       1998  
------------------------------------------------------------------------
Change in outlays......................          0          0          0
Change in receipts.....................          0          0          0
------------------------------------------------------------------------

    7. 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.
    8. Estimated impact on the private sector: S. 1420 would 
impose private-sector mandates not exceeding the annual 
threshold, as defined 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 would also be required to comply with 
tracking and verification procedures in order to separate 
dolphin-safe and dolphin-unsafe tuna. Based on information 
provided by the National Oceanic and Atmospheric Administration 
(NOAA) and representatives of the tuna industry, CBO estimates 
that these provisions would not substantially affect costs to 
the private sector.
    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, codify 
existing NOAA regulations.
    S. 1420 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 Conservation 
Program. Overall, CBO estimates that this bill would result in 
decreased costs to the private sector.
    9. Previous CBO estimate: CBO prepared a cost estimate on 
May 22, 1996, for H.R. 2823, the International Dolphin 
Conservation Act, as ordered reported by the House Committee on 
Resources on May 8, 1996. Differences between the two estimates 
reflect variations in the bills' provisions regarding spending 
for dolphin conservation by the Department of Commerce and the 
Department of State. In addition, based on information from the 
DOC, CBO new estimates additional discretionary spending of 
about $1 million per year to conduct the research required by 
both S. 1420 and H.R. 2823.
    10. 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.
    11. Estimate approved by: Robert A. Sunshine (for Paul N. 
Van de Water, Assistant Director for Budget Analysis).

                      Regulatory Impact Statement

  In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported.

                       NUMBER OF PERSONS AFFECTED

  The bill, as reported, would amend the MMPA to require new 
regulations to be developed governing the incidental take of 
marine mammals by U.S. vessels participating in the IDCP, and 
the establishment of a domestic tracking and verification 
program for the tracking of tuna products. While these changes 
may allow several additional U.S. vessels to participate in the 
ETP yellowfin tuna fishery, the number of persons affected by 
these provisions should not greatly exceed those currently 
engaged in this activity. The change in the dolphin-safe label 
may increase the participation of U.S. tuna canneries in the 
ETP fishery, Although these provisions should not adversely 
affect those canneries currently engaged in the ETP fishery, it 
may have some impact on those canneries operating in the 
southwestern Pacific Ocean.

                            ECONOMIC IMPACT

  The Department of Commerce will incur minor costs in 
fulfilling the Federal responsibilities under this legislation, 
including administration, vessel registration, monitoring 
procedures for U.S. vessels, and domestic tracking and 
verification programs for tuna from the ETP. Also, section 302 
of the bill as reported, authorizes $1.0 million for the 
Secretary to conduct a research project. This funding level is 
modest and is not expected to have an inflationary impact on 
the Nation's economy.

                                PRIVACY

  S. 1420, as reported, will have no adverse impact on the 
personal privacy of the individuals or businesses affected.

                               PAPERWORK

  This legislation would require the implementation of a 
tracking program for tuna products from their harvest from the 
ocean to the processing by the cannery. This program may 
require additional paperwork from both U.S. fishermen and 
canneries participating in the ETP fishery to comply with 
registration and tracking and verification provisions of the 
legislation, but it is envisioned that these requirements would 
not be burdensome in the amount of paperwork required.

                      Section-by-Section Analysis

Section 1. Short title; references

  This section cites the short title of the reported bill as 
the ``International Dolphin Conservation Program Act'' and 
references all amendments, unless otherwise provided, to the 
Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.).

Section 2. Purpose and findings

  This section would recognize that the purposes of S. 1420 
International Dolphin Conservation Program Act are: (1) to 
enact the Declaration of Panama; (2) to recognize the 
significant reductions in dolphin mortality by nations fishing 
in the ETP; and, (3) to eliminate the ban on imports of tuna 
from those nations in compliance with the IDCP.
  This section also would add the Congressional findings that: 
(1) nations that fish for tuna in the ETP have reduced dolphin 
mortality from hundreds of thousands per year to less than 
5,000 annually; (2) the ban on tuna imports from the ETP served 
as an incentive to reduce dolphin mortality; (3) tuna canners 
and processors in the United States led the canning and 
processing industry in promoting a dolphin-safe tuna market; 
and (4) the signatory nations of the Declaration of Panama have 
agreed to reduce dolphin mortality in the ETP to 5,000 dolphin 
annually with a commitment to progressively reduce dolphin 
mortality to a level approaching zero through the setting of 
annual limits.

Section 3. Definitions

  This section would amend section 3 of the MMPA to add two new 
definitions, for the terms: ``International Dolphin 
Conservation Program'', and ``Declaration of Panama''.
  The term ``International Dolphin Conservation Program'' would 
be defined to mean 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. The term as defined would require: (1) 
that total annual dolphin mortality not exceed 5,000 annually, 
and that this mortality level be progressively reduced to a 
level approaching zero; (2) that per stock, per year mortality 
limits of dolphins be maintained at levels between 0.2 and 0.1 
percent of the minimum population estimate through the calendar 
year 2000; (3) that per stock, per year dolphin mortality 
limits of dolphins be maintained at a level that would not 
exceed 0.1 percent of the minimum population estimate beginning 
with the calendar year 2001; (4) that if annual or per stock 
dolphin mortality limits are exceeded, setting on dolphins 
would cease for that year on that stock, or on mixed schools of 
that stock, as appropriate; (5) that a scientific review be 
conducted in 1998 to assess the progress in meeting dolphin 
mortality goals for the year 2000, and consider, as 
appropriate, recommendations to meet the goals; (6) that a 
scientific review and assessment be conducted to review stocks 
and provide appropriate recommendations to further reduce 
dolphin mortality; (7) the establishment of per vessel maximum 
dolphin mortality limits consistent with total and per stock 
mortality caps; and (8) the provision of a system of incentives 
for vessel captains to continue to reduce dolphin mortality. 
The Committee intends that the annual and per stock limits for 
dolphins in the ETP be reduced annually by a numerical value 
which considers the minimum population estimate of the dolphin 
stocks, as determined by the National Marine Fisheries Service. 
The Committee intends that these annual and per stock levels be 
determined by the International Dolphin Conservation Program in 
consultation with the IATTC.
  The term ``Declaration of Panama'' would be defined to mean 
the declaration signed in Panama City, Republic of Panama, on 
October 4, 1995.

Section 4. Amendments to title I

  Section 4 of the bill would amend Title I of the MMPA 
relating to the importation of yellowfin tuna from the ETP, 
permit requirements, and label requirements.
  Subsection (a) would amend section 101(a)(2) of the MMPA to 
allow the Secretary to grant authorizations under title III of 
that Act for the taking of dolphins in the ETP subject to 
regulations under that title and not under section 103. Section 
4 also would amend section 101(a)(2) by striking language which 
would require that incidental taking of marine mammals in the 
course of purse seine fishing in the ETP be reduced by the 
application of the best available practicable technology. 
Striking this language would require that the incidental taking 
of marine mammals in the ETP purse seine tuna fishery be 
reduced to a level approaching zero consistent with other 
commercial fisheries subject to the MMPA.
  Subsection (b) of this section would amend section 
101(a)(2)(B) of the MMPA by striking the existing language 
requiring documentary evidence from the government of the 
harvesting nation that it has adopted a regulatory program 
governing the incidental taking of marine mammals in its 
fishery comparable to that of the United States and that the 
average rate of incidental taking of marine mammals by that 
nation is comparable to the average rate of the United States. 
Subsection (b) would replace these requirements with new 
language requiring documentary evidence from the government of 
a harvesting nation that: (1) the tuna was not banned before 
the effective date of this Act; (2) the tuna was harvested by a 
nation which is a member of the IDCP, or has initiated and 
within six months completed, all steps necessary to become a 
member; (3) such nation is meeting all obligations of the IDCP 
and membership in the IATTC, including all financial 
obligations; and (4) the total dolphin mortality limits per 
year, and per stock per year mortality levels for that nation's 
vessels do not exceed those levels as determined by the IDCP 
annually, including the goal of eliminating dolphin mortality. 
Section 101(a)(2)(B) would be amended further to mandate that 
the Secretary not accept such documentary evidence if: (1) the 
government of the harvesting nation does not provide directly 
or authorize the IATTC to release complete and accurate 
information to determine if that nation is in compliance with 
the IDCP or for the purposes of tracking and verifying 
compliance with the minimum requirements established by the 
Secretary, or if the Secretary, in consultation with the 
Secretary of State, finds that there is sufficient information 
to suggest that a harvesting nation is consistently failing to 
take appropriate enforcement actions or is otherwise not in 
compliance with the IDCP.
  Subsection (c) of this section would amend section 101 of the 
MMPA by adding a new subsection (d) mandating that the 
provisions of the MMPA shall not apply to United States 
citizens who incidentally take any marine mammal during fishing 
operations while employed on foreign vessels outside the United 
States economic exclusive zone (EEZ) as defined by the Magnuson 
Fishery Conservation and Management Act (16 U.S.C. 1801 et 
seq.), if that vessel is in compliance with the IDCP.
  Subsection (d) of this section would amend section 104(h) of 
the MMPA by striking existing language regarding the general 
permit issued to the American Tunaboat Association and the 
conditions for the permit, as well as by striking existing 
language prescribing regulations for backdown procedures, 
experimental fishing operations, a system of performance 
standards, explosive control devices, and observer coverage, 
and would replace these with new provisions requiring an annual 
permit for U.S. vessels and specifying that U.S. vessels are 
governed by section 304 of the MMPA and subject to the 
regulations of section 302. Provisions relating to backdown 
procedures, explosive devices, and observer coverage would be 
contained in section 302 under the amendments of this bill.
  Subsection (e) of this section would amend section 108(a)(2) 
of the MMPA to require the Secretary, through the Secretary of 
State, to initiate: (1) negotiations to revise the Convention 
for the Establishment of an Inter-American Tropical Tuna 
Commission to incorporate provisions agreed to in the 
Declaration of Panama and in the Straddling Fish Stocks and 
Highly Migratory Fish Stocks Agreement, and to revise the 
schedule of annual contributions to the IATTC budget to provide 
for more equitable contributions among members; and (2) 
discussions among IDCP participants, or likely participants, to 
identify funding sources for dolphin research and conservation 
measures.
  Subsection (f) of this section would amend section 110(a) of 
the MMPA to eliminate the authorization for a study on 
alternative fishing methods for yellowfin tuna in the ETP which 
has been completed.
  Subsection (g) of this section would amend subsection (d)(1) 
of the Dolphin Protection Consumer Information Act to make it a 
violation of section 5 of the Federal Trade Commission Act to 
label any tuna harvested outside the ETP as dolphin-safe if the 
harvesting methods or the tuna harvested do not fulfill the 
requirements of the IDCP.
  Subsection (h) of this section would amend subsection (d)(2) 
of the Dolphin Protection Consumer Information Act so that tuna 
harvested in the ETP by a vessel using purse seine nets would 
be considered dolphin-safe if certain criteria are met. 
Consistent with existing law, tuna caught from a vessel that 
meets size requirements which the Secretary determines, 
consistent with the IDCP, make that vessel incapable of 
encircling dolphins would be dolphin-safe. Subsection (h) would 
strike the existing requirement that tuna products be 
accompanied by a written statement by the captain of the vessel 
that no tuna were caught on the trip in which the tuna were 
harvested using a purse seine net intentionally deployed on or 
to encircle dolphins. Instead, the provision would be amended 
to state that the tuna product would be required to be 
accompanied by a written statement by the vessel captain 
certifying that no dolphins were killed during the sets in 
which the tuna was caught. The existing requirement that the 
tuna product be accompanied by a written statement by the 
Secretary or his designee, or an IATTC representative, would be 
amended to include an authorized representative of a 
participating nation which meets IDCP requirements. The written 
statement would be required to state that an observer approved 
by the IDCP was on board the vessel during the entire trip; 
however, the existing provision that the observer document that 
purse seine nets were not intentionally deployed during the 
trip on or to encircle dolphin is stricken and replaced with 
language stating that the observer documented that no dolphins 
were killed during the sets in which the tuna was harvested. 
Subsection (h) further amends this section by requiring: (1) 
the tuna product meeting the requirements of the conditions 
mentioned above to be endorsed by each exporter, importer, and 
processor of the product; and (2) that all written statements 
and endorsements provided comply with regulations promulgated 
by the Secretary. These requirements create a certification 
process that is intended to ensure that throughout the harvest, 
transshipment, processing, export, import, and sale or barter 
of yellowfin tuna harvested in the ETP that dolphin-safe tuna 
is appropriately labeled, marketed and sold.
  Subsection (i) of this section also would amend subsection 
(d) of the Dolphin Protection Consumer Information Act to 
clarify that tuna harvested outside the ETP by a vessel using 
purse seine nets is dolphin-safe if: (1) it is accompanied by a 
written statement by the captain of the vessel certifying that 
no purse seine net was intentionally deployed on or to encircle 
dolphins during the particular voyage when the tuna was 
harvested; and (2) in any fishery where the Secretary finds a 
regular and significant association between marine mammals and 
tuna, that an observer on board the vessel certifies that no 
purse seine nets were deployed on or used to encircle dolphins. 
Subsection (i) would amend subsection (d) of the Dolphin 
Protection Consumer Information Act further to mandate that no 
tuna can be labelled with any label, reference, or other 
indication containing dolphins, porpoises, or marine mammals as 
dolphin-safe except as provided for in subsection (d) of the 
Dolphin Protection Consumer Information Act.
  Subsection (j) of this section would amend subsection (f) of 
the Dolphin Protection Consumer Information Act to require the 
Secretary, in consultation with the Secretary of the Treasury, 
to issue regulations implementing the new labelling 
requirements within 3 months of the enactment of the 
International Dolphin Conservation Program Act. These 
regulations would establish a domestic tracking and 
verification procedure for the tracking of tuna labeled as 
dolphin-safe. The confidentiality of proprietary information 
submitted would be ensured by the Secretary. These regulations 
would include provisions to address: (1) weight calculation; 
(2) additional measures, if necessary, to enhance current 
observer coverage and training; (3) the designation of well 
location, including procedures for sealing holds to ensure the 
appropriate segregation of dolphin-safe tuna and tuna not 
defined as dolphin-safe; (4) above and below deck monitoring 
procedures; (5) the reporting, receipt, and database storage of 
radio and facsimile data from fishing vessels; (6) shore-based 
verification and tracking procedures throughout the fishing 
operation, transshipment of the tuna, and canning process by 
means of IATTC trip records or otherwise; (7) the use of 
periodic audits and spot checks for caught, landed, and 
processed tuna labeled as dolphin-safe; and (8) timely access 
to data required for these verification and tracking procedures 
from harvesting nations so that periodic audits and spot checks 
of tuna and tuna product may be carried out by the Secretary. 
The Secretary would be allowed to make adjustments to these 
regulations as necessary to meet the requirements of any future 
international tracking and verification program that meets or 
exceeds the minimum requirements for the domestic program 
established under this subsection.

Section 5. Amendments to title III

  Section 5 of the bill as reported would amend Title III of 
the MMPA by changing the existing title heading, Global 
Moratorium to Prohibit Certain Tuna Harvesting Practices, to 
``TITLE III--INTERNATIONAL DOLPHIN CONSERVATION PROGRAM.'' This 
section would establish the regulations, procedures, research, 
review, and permitting requirements needed to implement the 
IDCP.
  Subsection (b) of this section would amend section 301(a)(4) 
of the MMPA by striking an existing finding relating to the 
willingness of yellowfin harvesting nations to participate in a 
multilateral agreement to eventually eliminate dolphin 
mortality, and replacing it with the new finding recognizing 
that yellowfin harvesting nations have demonstrated a 
willingness to participate in the IDCP.
  Subsection (b) also would amend section 301(b) of the MMPA by 
striking the existing policy statement relating to securing 
multilateral agreements to reduce dolphin mortality, and 
replacing it with a statement that it is the policy of the 
United States to support the IDCP and its programs to reduce 
and eliminate dolphin mortality. Subsection (b) also would 
replace the policy statement of ensuring that the U.S. market 
does not act as an incentive for tuna harvested by setting on 
dolphins, or with driftnets, and replacing it with a statement 
that it is U.S. policy to ensure that the U.S. market does not 
act as an incentive for the harvest of tuna caught by driftnets 
or purse seine nets in the ETP not operating in compliance with 
the IDCP. This recognition would ensure that the existing trend 
that the existing trend of reduced mortality continues, that 
individual dolphin stocks are protected, and the goal to 
eliminate all dolphin mortality continues to be a priority.
  Subsection (c) would amend section 302 of the MMPA by 
replacing the existing language in subsections (a), (b), and 
(c), concerning the authority provided to the Secretary of 
State to enter into international agreements to establish a 
global moratorium, the terms of establishing the agreement, and 
the terms of U.S. compliance with the moratorium, and replacing 
these subsections with new language to: (1) require the 
Secretary of Commerce to issue regulations to implement the 
IDCP and to consult with the Secretary of State, the Marine 
Mammal Commission, and U.S. Commissioners to the IATTC in 
developing regulations; and (2) establish emergency 
regulations. Subsection (c) also would add a new subsection (d) 
on research to further the goals of the IDCP.
  Subsection (c) would amend section 302(a) of the MMPA by 
striking the existing language authorizing the Secretary of 
State in consultation with the Secretary of Commerce to enter 
into agreements to establish a moratorium on setting on 
dolphins for a period of at least five years, and replacing it 
with new language to authorize the Secretary to issue 
regulations required to implement the IDCP. Not later than 
three months after the enactment of the IDCP, the Secretary 
would issue regulations to authorize and govern the incidental 
taking of marine mammals in the ETP by U.S. vessels 
participating in the IDCP, including species designated as 
depleted under the MMPA, but not listed as endangered or 
threatened under the Endangered Species Act. Regulations issued 
by the Secretary to implement the IDCP would: (1) require 
observers aboard each vessel; (2) require the use of ``back 
down'' or other appropriate techniques; (3) prohibit 
intentional sets on stocks of dolphin according to IDCP 
regulations; (4) require the use of special equipment such as 
dolphin-safety panels in nets, monitoring devices to detect 
sets with potentially high dolphin mortality, operable rafts, 
operable floodlights, and other devices; (5) ensure that the 
backdown procedure is completed, and that the rolling of the 
net to sack up begins no later than 30 minutes after sundown; 
(6) ban the use of explosive devices in all purse seine 
operations; (7) establish per vessel, total, and per stock 
annual mortality limits in accordance with the IDCP; (8) 
prevent intentional sets on dolphins after reaching per vessel, 
total, or per stock annual mortality limits; (9) prevent the 
setting on dolphins without an assigned vessel dolphin 
mortality limit; (10) allow experimental fishing methods to 
test improvements in fishing techniques and equipment that may 
reduce or eliminate dolphin mortality or encirclement; and (11) 
other such restrictions and requirements as the Secretary deems 
necessary to implement the IDCP for U.S. vessels. The Secretary 
would be authorized to make any necessary adjustments to the 
requirements for fishing gear, vessel equipment, and fishing 
practices provided that those adjustments are consistent with 
the IDCP.
  Subsection (b) of this section would amend section 302(b) by 
striking the existing language describing the terms of the 
agreement for a moratorium, and replacing it with new language 
mandating that the Secretary of Commerce consult with the 
Secretary of State, the Marine Mammal Commission, and the 
United States Commissioners to the IATTC in developing any 
regulations for section 302 of the MMPA as amended by this Act.
  Section 302(c) of the MMPA would be amended by this 
subsection by striking the existing language concerning the 
procedures for termination of the U.S. moratorium, and 
replacing it with new language mandating that in the event the 
Secretary determines, based on the best available scientific 
information, that the incidental mortality and serious injury 
of marine mammals authorized under this Act, has, or is likely 
to have, a significant adverse effect on a marine mammal stock 
or species, then the Secretary must: (1) notify the IATTC of 
these findings, along with recommendations to reduce and 
mitigate this incidental mortality and serious injury; and (2) 
prescribe emergency regulations to reduce incidental mortality 
or serious injury. Before taking these actions, the Secretary 
would be required to consult with the Secretary of State, the 
Marine Mammal Commission, and U.S. Commissioners to the IATTC. 
Emergency regulations prescribed: (1) would be published in the 
Federal Register; (2) would remain in effect for the duration 
of the applicable fishing year; and (3) could be terminated by 
the Secretary at an earlier date by publication in the Federal 
Register if the Secretary determines that the reasons for the 
emergency action no longer exist. The Secretary would be 
authorized to extend these emergency regulations for additional 
periods, if the Secretary finds that the incidental mortality 
or serious injury is continuing to have a significant adverse 
effect on a stock or species.
  Finally, subsection (b) of this section would amend section 
302 of the MMPA by adding a new subsection (d) on research. 
This new subsection (d) would require the Secretary, in 
cooperation with those nations participating in the IDCP and 
the IATTC, to undertake or support scientific research to 
further the goals of the IDCP. This would include: (1) devising 
cost-effective fishing methods and gear to reduce, and with the 
goal of eliminating, the incidental mortality and serious 
injury of marine mammals in the ETP purse-seine tuna fishery; 
(2) developing cost-effective methods of fishing on mature 
yellowfin tuna without setting on dolphins or other marine 
mammals; (3) carrying out stock assessments for marine mammals 
taken in the ETP, including those not taken within waters under 
the jurisdiction of the United States; (4) studying the effect 
of chase and encirclement on the health and biology of dolphin 
and dolphin populations in the ETP; and (5) determining the 
extent, location, and effect of the incidental take of 
nontarget species, including juvenile tuna, occurring in the 
ETP due to purse seine fishing for yellowfin tuna stocks. The 
Committee intends that the funding for the marine mammal stock 
assessment called for in this section would come from funds 
authorized in section 306 of the MMPA, as it would be 
redesignated by this Act, along with the current funding for 
research on alternative fishing methods and gear for yellowfin 
tuna, and research on dolphins in the ETP.
  This subsection also would authorize $1.0 million to be used 
by the Secretary, acting through the National Marine Fishery 
Service, to carry out a study on the effects of chase and 
encirclement on dolphins. Upon the completion of the study, the 
Secretary must submit the findings of the study and 
recommendations to Congress, and to the IATTC. This study also 
would include a description of the annual results of research 
conducted under section 303 of this Act.
  Section 5(d) would repeal existing section 303 of the MMPA 
which currently requires the establishment of an international 
research program in conjunction with the international 
agreement suggested in existing section 302. This research 
program would become moot and be replaced by the research 
activities under the IDCP. The repeal of section 303 also 
eliminates the dolphin mortality limits and funding conditions 
required to be included in the international research program. 
Research activities repealed in section 303 are now included in 
section 302 of the MMPA as amended by this Act.
  Section 5(e) would amend existing section 304 and redesignate 
it as section 303. The new section 303 would continue to 
require an annual report by the Secretary, but would amend the 
requirements of the report to track more closely the changes 
made through the implementation of the IDCP.
  Section 5(f) would repeal existing section 305 of the MMPA, 
which addresses the application of the existing ban on imports 
of yellowfin tuna or yellowfin tuna products that are not 
considered to be dolphin-safe. This existing section requires 
periodic reviews for compliance, and notification if a country 
is not compliance, and addresses the types of products to be 
banned, the duration of import bans, and other related matters 
for those countries not in compliance. Section 4(h) of this 
Act, addressed above, would add provisions to subsection (d) of 
the Dolphin Protection Consumer Information Act to replace 
these existing import ban measures with measures providing for 
conformance with the IDCP.
  Section 5(g) would amend existing section 306, which 
establishes the conditions for the general permit issued to the 
American Tunaboat Association, and would redesignate this 
section as section 304. The existing language: (1) limited 
dolphin mortality to a specified schedule; (2) prohibited 
encircling any school of dolphins in which any Eastern Spinner 
Dolphin or Coastal Spotted Dolphin is observed; (3) set the 
expiration date of the permit; (4) defined a major purse-seine 
tuna fishing country.
  The new section 304 would revise the permitting process to 
allow the taking of marine mammals for U.S. vessels 
participating in the IDCP. These permits would be administered 
in accordance with the regulations set forth in section 302 of 
the MMPA as amended by this Act. The Secretary would prescribe 
the necessary procedures needed to issue permits, including, 
the submission of: (1) the name and identification number of 
each vessel, and owner address and other information; and (2) 
information on the tonnage, hold capacity, speed, processing 
equipment, gear, and other equipment for each vessel required 
under 302, as amended by this Act. The Secretary is authorized 
to charge a fee for these permits not to exceed the 
administrative costs in granting the permit. All U.S. vessels 
would be required to obtain a permit to operate in the purse 
seine tuna fishery in the ETP after the effective date of the 
IDCP. The Secretary would have the authority to sanction 
permits for U.S. vessels in any case in which: (1) a vessel, 
owner, operator, or any other person to whom a permit is 
issued, commits a prohibited act, or uses that permit to commit 
a prohibited act, as described in section 305 of the MMPA as 
amended by this Act; and (2) any civil penalty or criminal fine 
imposed on a vessel, owner, operator, or other person to whom a 
permit has been applied or issued, has not been paid or is 
overdue. In these cases the Secretary may: (1) revoke the 
permit; (2) suspend the permit for a period of time; (3) deny a 
permit; or (4) impose addition conditions or restrictions on 
any permit when necessary. The Secretary would be required to 
take into account the nature, circumstances, extent, and 
gravity of the prohibited act, and the degree of culpability, 
and any prior history of offenses of the violator in revoking 
or limiting a permit. The transfer of ownership of a vessel 
would not extinguish any permit sanction in effect, and would 
require the owner to make that information available to any 
transferee. The Secretary would reinstate a permit assessed for 
failure to pay a civil penalty or criminal fine once that fine 
is paid. No permit sanctions could be imposed until there had 
been a hearing on the facts, either in conjunction with a civil 
penalty proceeding under title III of the MMPA, or otherwise.
  Section 5(h) of the bill as reported would amend section 307 
concerning prohibited acts and redesignate it as section 305.
  Section 5(h) would strike paragraphs (1), (2), and (3) of 
section 305(a) as amended by this Act and would insert new 
language. The previous language prohibited: (1) the sale, 
purchase, or transfer of any tuna or tuna product that is not 
dolphin-safe as defined in current law; (2) any U.S. vessel 
from setting on dolphins unless expressly provided a permit or 
for scientific research under the auspices of the IATTC; (3) 
for any person to import any tuna currently banned; and (4) for 
any person to interfere with enforcement measures. The new 
language would make it a prohibited act for any person to sell, 
purchase, offer for sale, transport, or ship in the United 
States, any tuna or tuna product unless that tuna or tuna 
product is either dolphin-safe, or is harvested in compliance 
with the IDCP by a country that is a member of the IATTC, or 
has initiated steps to become a member of the IATTC. The 
Committee feels that any nation which is fulfilling all of the 
steps necessary to be a member of the IATTC, including 
financial obligations, but is not a member of the IDCP or the 
IATTC, should not be prohibited from the U.S. market as long as 
they are fulfilling the obligations of the IDCP and IATTC. It 
also would be a prohibited act for any person or vessel subject 
to the jurisdiction of the United States to encircle any marine 
mammal during tuna fishing in the ETP not in accordance with 
the IDCP and the regulations issued under title III as amended 
by this Act. The new language would prohibit the importation of 
yellowfin tuna or tuna product or any other fish or fish 
product in violation of a ban under section 101(a)(2) as 
amended by this Act.
  Section 5 of the bill as reported would make technical and 
clerical amendments to section 306 as redesignated by this Act, 
and to the table of contents of the MMPA.

Section 6. Amendments to the Tuna Conventions Act

  Section 6 of the bill as introduced would amend the Tuna 
Conventions Act of 1950 (16 U.S.C. 951 et seq) to incorporate 
changes in the advisory committee and the scientific 
subcommittee.
  Section 6 of the bill as reported would amend section 3(c) of 
the Tuna Conventions Act to replace the officer of the United 
States Fish and Wildlife Service as one of the four United 
States Commissioners to the Tuna Conventions Act with either 
the Director, or appropriate regional director of the National 
Marine Fishery Service (NMFS).
  Section 6 of the bill as reported would amend section 4(a) of 
the Tuna Conventions Act to require the Secretary to: (1) 
appoint a General Advisory Committee composed of five to 15 
persons with balanced representation from the groups 
participating in the fisheries covered by the Tuna Commissions 
Act, and from nongovernmental conservation organizations; (2) 
appoint a Scientific Advisory Subcommittee composed of five to 
15 qualified scientists with balanced representation from the 
public and private sectors, including nongovernmental 
conservation organizations; (3) establish procedures to provide 
for public participation and confidentiality of business data; 
and (4) determine the terms of office for members of the 
General Advisory Committee and Scientific Advisory 
Subcommittee. These members would not receive compensation for 
their services.
  Section 6 of the bill as reported would amend section 3 of 
the Tuna Conventions Act to define the functions of the General 
Advisory Committee and the Scientific Advisory Subcommittee. 
The General Advisory Committee would be invited to have 
representatives attend all nonexecutive meetings of the U.S. 
sections and would be given opportunity to examine and comment 
on any proposed investigations, reports, or regulations of the 
Tuna Commission. The Scientific Advisory Subcommittee would 
advise the General Advisory Committee and the Commissioners to 
the IATTC on matters including: (1) the conservation of 
ecosystems; (2) the sustainable uses of living marine resources 
related to the tuna fishery in the ETP; and (3) the long-term 
conservation and management of living marine resources in the 
ETP. The Scientific Advisory Subcommittee also would perform 
functions and provide assistance, as directed by the General 
Advisory Committee, the United States Commissioners to the 
IATTC, or the Secretary. These functions could include: (1) 
reviewing IDCP and IATTC data; (2) recommending research needs; 
(3) recommendations for scientific reviews and assessment 
required under the Act; (4) consulting with other experts as 
needed; and, (5) recommending measures to assure the regular 
and timely full exchange of data among parties to the IDCP and 
among each nation's National Scientific Advisory Committee (or 
its equivalent). The Scientific Advisory Subcommittee would be 
permitted to attend the same meetings as the General Advisory 
Committee, as well as IATTC meetings within the rules of the 
IATTC, and be given full opportunity to review and comment on 
scientific matters.

Section 7. Effective date

  Section 7 of the bill as reported provides that sections 3 
through 6 of the Act would become effective upon certification 
by the Secretary of State to Congress that a binding resolution 
of the IATTC or other legal instrument establishing the IDCP 
had been adopted and was in effect.

                        Changes in Existing Law

  In compliance with paragraph 12 of rule XXVI of the Standing 
Rules of the Senate, 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 material is printed 
in italic, existing law in which no change is proposed is shown 
in roman):

                         TITLE 16. CONSERVATION

                      CHAPTER 16. TUNA CONVENTIONS

Sec. 952. Commissioners; number, appointment, and qualification

  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) not more than one shall be a person residing 
        elsewhere than in a State whose vessels maintain a 
        substantial fishery in the areas of the conventions;
          (b) at least one of the Commissioners who are such 
        legal residents shall be a person chosen from the 
        public at large, and who is not a salaried employee of 
        a State or of the Federal Government;
          [(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
          (d) at least one shall be chosen from a 
        nongovernmental conservation organization.

[Sec. 953. Advisory Committee; composition; appointment; compensation; 
                    duties

  [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.

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

Sec. 1362. Definitions

  For the purposes of this Act--
          (1) The term ``depletion'' or ``depleted'' means any 
        case in which--
                  (A) the Secretary, after consultation with 
                the Marine Mammal Commission and the Committee 
                of Scientific Advisors on Marine Mammals 
                established under title II of this Act [16 
                U.S.C. 1401 et seq.], determines that a species 
                or population stock is below its optimum 
                sustainable population;
                  (B) a State, to which authority for the 
                conservation and management of a species or 
                population stock is transferred under section 
                109 [16 U.S.C. 1379], determines that such 
                species or stock is below its optimum 
                sustainable population; or
                  (C) a species or population stock is listed 
                as an endangered species or a threatened 
                species under the Endangered Species Act of 
                1973.
          (2) The terms ``conservation'' and ``management'' 
        mean the collection and application of biological 
        information for the purposes of increasing and 
        maintaining the number of animals within species and 
        populations of marine mammals at their optimum 
        sustainable population. Such terms include the entire 
        scope of activities that constitute a modern scientific 
        resource program, including, but not limited to, 
        research, census, law enforcement, and habitat 
        acquisition and improvement. Also included within these 
        terms, when and where appropriate, is the periodic or 
        total protection of species or populations as well as 
        regulated taking.
          (3) The term ``district court of the United States'' 
        includes the District Court of Guam, District Court of 
        the Virgin Islands, District Court of Puerto Rico, 
        District Court of the Canal Zone, and, in the case of 
        American Samoa and the Trust Territory of the Pacific 
        Islands, the District Court of the United States for 
        the District of Hawaii.
          (4) The term ``humane'' in the context of the taking 
        of a marine mammal means that method of taking which 
        involves the least possible degree of pain and 
        suffering practicable to the mammal involved.
          (5) The term ``intermediary nation'' means a nation 
        that exports yellowfin tuna or yellowfin tuna products 
        to the United States and that imports yellowfin tuna or 
        yellowfin tuna products that are subject to a direct 
        ban on importation into the United States pursuant to 
        section 101(a)(2)(B) [16 U.S.C. 1371(a)(2)(B)].
          (6) The term ``marine mammal'' means any mammal which 
        (A) is morphologically adapted to the marine 
        environment (including sea otters and members of the 
        orders Sirenia, Pinnipedia, and Cetacea), or (B) 
        primarily inhabits the marine environment (such as the 
        polar bear); and, for the purposes of this Act, 
        includes any part of any such marine mammal, including 
        its raw, dressed, or dyed fur or skin.
          (7) The term ``marine mammal product'' means any item 
        of merchandise which consists, or is composed in whole 
        or in part, of any marine mammal.
          (8) The term ``moratorium'' means a complete 
        cessation of the taking of marine mammals and a 
        complete ban on the importation into the United States 
        of marine mammals and marine mammal products, except as 
        provided in this Act.
          (9) The term ``optimum sustainable population'' 
        means, with respect to any population stock, the number 
        of animals which will result in the maximum 
        productivity of the population or the species, keeping 
        in mind the carrying capacity of the habitat and the 
        health of the ecosystem of which they form a 
        constituent element.
          (10) The term ``person'' includes (A) any private 
        person or entity, and (B) any officer, employee, agent, 
        department, or instrumentality of the Federal 
        Government, of any State or political subdivision 
        thereof, or of any foreign government.
          (11) The term ``population stock'' or ``stock'' means 
        a group of marine mammals of the same species of 
        smaller taxa in a common spatial arrangement, that 
        interbreed when mature.
          (12)(A) Except as provided in subparagraph (B), the 
        term ``Secretary'' means--
                  (i) the Secretary of the department in which 
                the National Oceanic and Atmospheric 
                Administration is operating, as to all 
                responsibility, authority, funding, and duties 
                under this Act with respect to members of the 
                order Cetacea and members, other than walruses, 
                of the order Pinnipedia, and
                  (ii) the Secretary of the Interior as to all 
                responsibility, authority, funding, and duties 
                under this Act with respect to all other marine 
                mammals covered by this Act.
          (B) [In] in section 118 and title IV [16 U.S.C. 1387, 
        1421 et seq.] the term ``Secretary'' means the 
        Secretary of Commerce.
          (13) The term ``take'' means to harass, hunt, 
        capture, or kill, or attempt to harass, hunt, capture, 
        or kill any marine mammal.
          (14) The term ``United States'' includes the several 
        States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the Virgin Islands of the United States, 
        American Samoa, Guam, and Northern Mariana Islands.
          (15) The term ``waters under the jurisdiction of the 
        United States'' means--
                  (A) the territorial sea of the United States;
                  (B) the waters included within a zone, 
                contiguous to the territorial sea of the United 
                States, of which the inner boundary is a line 
                coterminous with the seaward boundary of each 
                coastal State, and the outer boundary is a line 
                drawn in such a manner that each point on it is 
                200 nautical miles from the baseline from which 
                the territorial sea is measured; and
                  (C) the areas referred to as eastern special 
                areas in Article 3(1) of the Agreement between 
                the United States of America and the Union of 
                Soviet Socialist Republics on the Maritime 
                Boundary, signed June 1, 1990; in particular, 
                those areas east of the maritime boundary, as 
                defined in that Agreement, that lie within 200 
                nautical miles of the baselines from which the 
                breadth of the territorial sea of Russia is 
                measured but beyond 200 nautical miles of the 
                baselines from which the breadth of the 
                territorial sea of the United States is 
                measured.
          (16) The term ``fishery'' means--
                  (A) one or more stocks of fish which can be 
                treated as a unit for purposes of conservation 
                and management and which are identified on the 
                basis of geographical, scientific, technical, 
                recreational, and economic characteristics; and
                  (B) any fishing for such stocks.
          (17) The term ``competent regional organization''
                  (A) for the tuna fishery in the eastern 
                tropical Pacific Ocean, means the Inter-
                American Tropical Tuna Commission; and
                  (B) in any other case, means an organization 
                consisting of those nations participating in a 
                tuna fishery, the purpose of which is the 
                conservation and management of that fishery and 
                the management of issues relating to that 
                fishery.
          (18)(A) The term ``harassment'' means any act of 
        pursuit, torment, or annoyance which--
                  (i) has the potential to injure a marine 
                mammal or marine mammal stock in the wild; or
                  (ii) has the potential to disturb a marine 
                mammal or marine mammal stock in the wild by 
                causing disruption of behavioral patterns, 
                including, but not limited to, migration, 
                breathing, nursing, breeding, feeding, or 
                sheltering.
          (B) The term ``Level A harassment'' means harassment 
        described in subparagraph (A)(i).
          (C) The term ``Level B harassment'' means harassment 
        described in subparagraph (A)(ii).
          (19) The term ``strategic stock'' means a marine 
        mammal stock--
                  (A) for which the level of direct human-
                caused mortality exceeds the potential 
                biological removal level;
                  (B) which, based on the best available 
                scientific information, is declining and is 
                likely to be listed as a threatened species 
                under the Endangered Species Act of 1973 within 
                the foreseeable future; or
                  (C) which is listed as a threatened species 
                or endangered species under the Endangered 
                Species Act of 1973 (16 U.S.C. 1531 et seq.), 
                or is designated as depleted under this Act.
          (20) The term ``potential biological removal level'' 
        means the maximum number of animals, not including 
        natural mortalities, that may be removed from a marine 
        mammal stock while allowing that stock to reach or 
        maintain its optimum sustainable population. The 
        potential biological removal level is the product of 
        the following factors:
                  (A) The minimum population estimate of the 
                stock.
                  (B) One-half the maximum theoretical or 
                estimated net productivity rate of the stock at 
                a small population size.
                  (C) A recovery factor of between 0.1 and 1.0.
          (21) The term ``Regional Fishery Management Council'' 
        means a Regional Fishery Management Council established 
        under section 302 of the Magnuson Fishery Conservation 
        and Management Act [16 U.S.C. 1852].
          (22) The term ``bona fide research'' means scientific 
        research on marine mammals, the results of which--
                  (A) likely would be accepted for publication 
                in a referred scientific journal;
                  (B) are likely to contribute to the basic 
                knowledge of marine mammal biology or ecology; 
                or
                  (C) are likely to identify, evaluate, or 
                resolve conservation problems.
          (23) The term ``Alaska Native organization'' means a 
        group designated by law or formally chartered which 
        represents or consists of Indians, Aleuts, or Eskimos 
        residing in Alaska.
          (24) The term ``take reduction plan'' means a plan 
        developed under section 118 [16 U.S.C. 1387].
          (25) The term ``take reduction team'' means a team 
        established under section 118 [16 U.S.C. 1387].
          (26) The term ``net productivity rate'' means the 
        annual per capita rate of increase in a stock resulting 
        from additions due to reproduction, less losses due to 
        mortality.
          (27) The term ``minimum population estimate'' means 
        an estimate of the number of animals in a stock that--
                  (A) is based on the best available scientific 
                information on abundance, incorporating the 
                precision and variability associated with such 
                information;
                  (B) provides reasonable assurance that the 
                stock size is equal to or greater than the 
                estimate.
          (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)(i) that the total annual dolphin 
                mortality in the purse seine fishery for yellow 
                fin tuna in the eastern tropical Pacific Ocean 
                be limited to 5,000; and
                  (ii) a commitment and objective to 
                progressively reduce dolphin mortality to a 
                level approaching zero through the setting of 
                annual limits;
                  (B) the establishment of a per stock per year 
                mortality limit of dolphin at a level between 
                0.2 percent and 0.1 percent of the minimum 
                population estimate to be in effect through 
                calendar year 2000;
                  (C) the establishment of a per stock per year 
                mortality limit of dolphin at a level less than 
                or equal to 0.1 percent of the minimum 
                population estimate beginning with the calendar 
                year 2001;
                  (D) that if a mortality limit is exceeded 
                under--
                          (i) subparagraph (A), all sets on 
                        dolphins shall cease for the applicable 
                        fishing year; and
                          (ii) subparagraph (B) or (C), all 
                        sets on the stocks covered under 
                        subparagraph (B) or (C) and any mixed 
                        schools that contain any of those 
                        stocks shall cease for the applicable 
                        fishing year;
                  (E) a scientific review and assessment to be 
                conducted in calendar year 1998 to--
                          (i) assess progress in meeting the 
                        objectives set for calendar year 2000 
                        under subparagraph (B); and
                          (ii) as appropriate, consider 
                        recommendations for meeting these 
                        objectives;
                  (F) a scientific review and assessment to be 
                conducted--
                          (i) to review the stocks covered 
                        under subparagraph (C); and
                          (ii) as appropriate to consider 
                        recommendations to further the 
                        objectives set under that subparagraph;
                  (G) the establishment of a per vessel maximum 
                annual dolphin mortality limit consistent with 
                the applicable per year mortality caps, as 
                determined under subparagraphs (A) through (C); 
                and
                  (H) the provision of a system of incentives 
                to vessel captains to continue to reduce 
                dolphin mortality, with the goal of eliminating 
                dolphin mortality.
          (29) The term ``Declaration of Panama'' means the 
        declaration signed in Panama City, Republic of Panama, 
        on October 4, 1995.

Sec. 1371. Moratorium on taking and importing marine mammals and marine 
                    mammal products

  (a) Imposition; Exceptions.--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) Consistent with the provisions of section 104 [16 
        U.S.C. 1374], permits may be issued by the Secretary 
        for taking, and importation for purposes of scientific 
        research, public display, photography for educational 
        or commercial purposes, or enhancing the survival or 
        recovery of a species or stock, or for importation of 
        polar bear parts (other than internal organs) taken in 
        sport hunts in Canada. Such permits, except permits 
        issued under section 104(c)(5) [16 U.S.C. 1374(c)(5)], 
        may be issued if the taking or importation proposed to 
        be made is first reviewed by the Marine Mammal 
        Commission and the Committee of Scientific Advisors on 
        Marine Mammals established under title II [16 U.S.C. 
        1401 et seq.]. The Commission and Committee shall 
        recommend any proposed taking or importation, other 
        than importation under section 104(c)(5) [16 U.S.C. 
        1374(c)(5)], which is consistent with the purposes and 
        policies of section 2 of this Act [16 U.S.C. 1361]. If 
        the Secretary issues such a permit for importation, the 
        Secretary shall issue to the importer concerned a 
        certificate to that effect in such form as the 
        Secretary of the Treasury prescribes, and such 
        importation may be made upon presentation of the 
        certificate to the customs officer concerned.
          (2) Marine mammals may be taken incidentally in the 
        course of commercial fishing operations and permits may 
        be issued therefor under section 104 [16 U.S.C. 1374] 
        subject to regulations prescribed by the Secretary in 
        accordance with section 103 [16 U.S.C. 1373], or in 
        lieu of such permits, authorizations may be granted 
        therefor under section 118 [16 U.S.C. 1387], subject to 
        regulations prescribed under that section by the 
        Secretary without regard to section [103 [16 U.S.C. 
        1373]] 103, and authorizations may 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.] rate. 
        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 [16 U.S.C. 
                                1374(h)(3)];]
                  (B) In the case of yellowfin tuna harvested 
                with purse seine nets in the eastern tropical 
                Pacific Ocean, and products therefrom, to be 
                exported to the United States, shall require 
                that the government of the exporting nation 
                provide documentary evidence that--
                          ``(i)(I) the tuna or products 
                        therefrom were not banned from 
                        importation under this paragraph before 
                        the effective date of the International 
                        Dolphin Conservation Program Act; or
                          ``(II) the tuna or products therefrom 
                        were harvested after the effective date 
                        of the International Dolphin 
                        Conservation Program Act by vessels of 
                        a nation which participates in the 
                        International Dolphin Conservation 
                        Program, and such harvesting nation is 
                        either a member of the Inter-American 
                        Tropical Tuna Commission or has 
                        initiated (and within 6 months 
                        thereafter completed) all steps , 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;
                          ``(ii) such nation is meeting the 
                        obligations of the International 
                        Dolphin Conservation Program and the 
                        obligations of membership in the Inter-
                        American Tropical Tuna Commission, 
                        including all financial obligations; 
                        and
                          ``(iii) the total dolphin mortality 
                        limits, and per stock per year 
                        mortality limits permitted for that 
                        nation's vessels under the 
                        International Dolphin Conservation 
                        Program do not exceed those levels 
                        determined for 1996, or in any year 
                        thereafter, consistent with 
                        requirements of the International 
                        Dolphin Conservation Program, including 
                        the goal of eliminating dolphin 
                        mortality,
                except that the Secretary shall not accept such 
                documentary evidence if--
                                  ``(I) the government of the 
                                harvesting nation does not 
                                provide directly or authorize 
                                the Inter-American Tropical 
                                Tuna Commission to release 
                                complete and accurate 
                                information to the Secretary in 
                                a timely manner to allow 
                                determination of compliance 
                                with the International Dolphin 
                                Conservation Program;
                                  ``(II) the government of the 
                                harvesting nation does not 
                                provide directly or authorize 
                                the Inter-American Tropical 
                                Tuna Commission to release 
                                complete and accurate 
                                information to the Secretary in 
                                a timely manner for the 
                                purposes of tracking and 
                                verifying compliance with the 
                                minimum requirements 
                                established by the Secretary in 
                                regulations promulgated under 
                                subsection (f) of the Dolphin 
                                Protection Consumer Information 
                                Act (16 U.S.C. 1385(f)); or
                                  ``(III) after taking into 
                                consideration this information, 
                                findings of the Inter-American 
                                Tropical Tuna Commission, and 
                                any other relevant information, 
                                including information that a 
                                nation is consistently failing 
                                to take enforcement actions on 
                                violations which diminish the 
                                effectiveness of the 
                                International Dolphin 
                                Conservation Program, the 
                                Secretary, in consultation with 
                                the Secretary of State, finds 
                                that the harvesting nation is 
                                not in compliance with the 
                                International Dolphin 
                                Conservation Program.''.
                  (C) shall require the government of any 
                intermediary nation to certify and provide 
                reasonable proof to the Secretary that it has 
                not imported, within the preceding six months, 
                any yellowfin tuna or yellowfin tuna products 
                that are subject to a direct ban on importation 
                to the United States under subparagraph (B);
                  (D) shall, six months after importation of 
                yellowfin tuna or tuna products has been banned 
                under this section, certify such fact to the 
                President, which certification shall be deemed 
                to be a certification for the purposes of 
                section 8(a) of the Fishermen's Protective Act 
                of 1967 (22 U.S.C. 1978(a)) for as long as such 
                ban is in effect; and
                  (E)(i) except as provided in clause (ii), in 
                the case of fish or products containing fish 
                harvested by a nation whose fishing vessels 
                engage in high seas driftnet fishing, shall 
                require that the government of the exporting 
                nation provide documentary evidence that the 
                fish or fish product was not harvested with a 
                large-scale driftnet in the South Pacific Ocean 
                after July 1, 1991, or in any other water of 
                the high seas after January 1, 1993, and
                  (ii) in the case of tuna or a product 
                containing tuna harvested by a nation whose 
                fishing vessels engage in high seas driftnet 
                fishing, shall require that the government of 
                the exporting nation provide documentary 
                evidence that the tuna or tuna product was not 
                harvested with a large-scale driftnet anywhere 
                on the high seas after July 1, 1991.
        For purposes of subparagraph (E), the term ``driftnet'' 
        has the meaning given such term in section 4003 of the 
        Driftnet Impact Monitoring, Assessment, and Control Act 
        of 1987 (16 U.S.C. 1822 note), except that, until 
        January 1, 1994, the term ``driftnet'' does not include 
        the use in the northeast Atlantic Ocean of gillnets 
        with a total length not to exceed five kilometers if 
        the use is in accordance with regulations adopted by 
        the European Community pursuant to the October 28, 
        1991, decision by the Council of Fisheries Ministers of 
        the Community.
          (3)(A) The Secretary, on the basis of the best 
        scientific evidence available and in consultation with 
        the Marine Mammal Commission, is authorized and 
        directed, from time to time, having due regard to the 
        distribution, abundance, breeding habits, and times and 
        lines of migratory movements of such marine mammals, to 
        determine when, to what extent, if at all, and by what 
        means, it is compatible with this Act to waive the 
        requirements of this section so as to allow taking, or 
        importing of any marine mammal, or any marine mammal 
        product, and to adopt suitable regulations, issue 
        permits, and make determinations in accordance with 
        sections 102, 103, 104, and 111 of this title [16 
        U.S.C. 1372--1374, and 1381] permitting and governing 
        such taking and importing, in accordance with such 
        determinations: Provided, however, That the Secretary, 
        in making such determinations, must be assured that the 
        taking of such marine mammal is in accord with sound 
        principles of resource protection and conservation as 
        provided in the purposes and policies of this Act: 
        Provided further, however, That no marine mammal or no 
        marine mammal product may be imported into the United 
        States unless the Secretary certifies that the program 
        for taking marine mammals in the country of origin is 
        consistent with the provisions and policies of this 
        Act. Products of nations not so certified may not be 
        imported into the United States for any purpose, 
        including processing for exportation.
          (B) Except for scientific research purposes, 
        photography for educational or commercial purposes, or 
        enhancing the survival or recovery of a species or 
        stock as provided for in paragraph (1) of this 
        subsection, or as provided for under paragraph (5) of 
        this subsection, during the moratorium no permit may be 
        issued for the taking of any marine mammal which has 
        been designated by the Secretary as depleted, and no 
        importation may be made of any such mammal.
          (4)(A) Except as provided in subparagraphs (B) and 
        (C), the provisions of this Act shall not apply to the 
        use of measures--
                  (i) by the owner of fishing gear or catch, or 
                an employee or agent of such owner, to deter a 
                marine mammal from damaging the gear or catch;
                  (ii) by the owner of other private property, 
                or an agent, bailee, or employee of such owner, 
                to deter a marine mammal from damaging private 
                property;
                  (iii) by any person, to deter a marine mammal 
                from endangering personal safety; or
                  (iv) by a government employee, to deter a 
                marine mammal from damaging public property,
        so long as such measures do not result in the death or 
        serious injury of a marine mammal.
          (B) The Secretary shall, through consultation with 
        appropriate experts, and after notice and opportunity 
        for public comment, publish in the Federal Register a 
        list of guidelines for use in safely deterring marine 
        mammals. In the case of marine mammals listed as 
        endangered species or threatened species under the 
        Endangered Species Act of 1973, the Secretary shall 
        recommend specific measures which may be used to 
        nonlethally deter marine mammals. Actions to deter 
        marine mammals consistent with such guidelines or 
        specific measures shall not be a violation of this Act.
          (C) If the Secretary determines, using the best 
        scientific information available, that certain forms of 
        deterrence have a significant adverse effect on marine 
        mammals, the Secretary may prohibit such deterrent 
        methods, after notice and opportunity for public 
        comment, through regulation under this Act.
          (D) The authority to deter marine mammals pursuant to 
        subparagraph (A) applies to all marine mammals, 
        including all stocks designated as depleted under this 
        Act.
          (5)(A) Upon request therefor by citizens of the 
        United States who engage in a specified activity (other 
        than commercial fishing) within a specified 
        geographical region, the Secretary shall allow, during 
        periods of not more than five consecutive years each, 
        the incidental, but not intentional, taking by citizens 
        while engaging in that activity within that region of 
        small numbers of marine mammals of a species or 
        population stock if the Secretary, after notice (in the 
        Federal Register and in newspapers of general 
        circulation, and through appropriate electronic media, 
        in the coastal areas that may be affected by such 
        activity) and opportunity for public comment--
                  (i) finds that the total of such taking 
                during each five-year (or less) period 
                concerned will have a negligible impact on such 
                species or stock and will not have an 
                unmitigable adverse impact on the availability 
                of such species or stock for taking for 
                subsistence uses pursuant to subsection (b) or 
                section 109(f) [16 U.S.C. 1379(f)] or, in the 
                case of a cooperative agreement under both this 
                Act and the Whaling Convention Act of 1949 (16 
                U.S.C. 916 et seq.), pursuant to section 
                112(c); and
                  (ii) prescribes regulations setting forth--
                          (I) permissible methods of taking 
                        pursuant to such activity, and other 
                        means of effecting the least 
                        practicable adverse impact on such 
                        species or stock and its habitat, 
                        paying particular attention to 
                        rookeries, mating grounds, and areas of 
                        similar significance, and on the 
                        availability of such species or stock 
                        for subsistence uses; and
                          (II) requirements pertaining to the 
                        monitoring and reporting of such 
                        taking.
          (B) The Secretary shall withdraw, or suspend for a 
        time certain (either on an individual or class basis, 
        as appropriate) the permission to take marine mammals 
        under subparagraph (A) pursuant to a specified activity 
        within a specified geographical region if the Secretary 
        finds, after notice and opportunity for public comment 
        (as required under subparagraph (A) unless subparagraph 
        (C)(i) applies), that--
                  (i) the regulations prescribed under 
                subparagraph (A) regarding methods of taking, 
                monitoring, or reporting are not being 
                substantially complied with by a person 
                engaging in such activity; or
                  (ii) the taking allowed under subparagraph 
                (A) pursuant to one or more activities within 
                one or more regions is having, or may have, 
                more than a negligible impact on the species or 
                stock concerned.
          (C)(i) The requirement for notice and opportunity for 
        public comment in subparagraph (B) shall not apply in 
        the case of a suspension of permission to take if the 
        Secretary determines that an emergency exists which 
        poses a significant risk to the well-being of the 
        species or stock concerned.
          (ii) Sections 103 and 104 [16 U.S.C. 1373, 1374] 
        shall not apply to the taking of marine mammals under 
        the authority of this paragraph.
          (D)(i) Upon request therefor by citizens of the 
        United States who engage in a specified activity (other 
        than commercial fishing) within a specific geographic 
        region, the Secretary shall authorize, for periods of 
        not more than 1 year, subject to such conditions as the 
        Secretary may specify, the incidental, but not 
        intentional, taking by harassment of small numbers of 
        marine mammals of a species or population stock by such 
        citizens while engaging in that activity within that 
        region if the Secretary finds that such harassment 
        during each period concerned--
                  (I) will have a negligible impact on such 
                species or stock, and
                  (II) will not have an unmitigable adverse 
                impact on the availability of such species or 
                stock for taking for subsistence uses pursuant 
                to subsection (b), or section 109(f) [16 U.S.C. 
                1379(f)] or pursuant to a cooperative agreement 
                under section 119 [16 U.S.C. 1388].
          (ii) The authorization for such activity shall 
        prescribe, where applicable--
                  (I) permissible methods of taking by 
                harassment pursuant to such activity, and other 
                means of effecting the least practicable impact 
                on such species or stock and its habitat, 
                paying particular attention to rookeries, 
                mating grounds, and areas of similar 
                significance, and on the availability of such 
                species or stock for taking for subsistence 
                uses pursuant to subsection (b) or section 
                109(f) [16 U.S.C. 1379(f)] or pursuant to a 
                cooperative agreement under section 119 [16 
                U.S.C. 1388],
                  (II) the measures that the Secretary 
                determines are necessary to ensure no 
                unmitigable adverse impact on the availability 
                of the species or stock for taking for 
                subsistence uses pursuant to subsection (b) or 
                section 109(f) [16 U.S.C. 1379(f)] or pursuant 
                to a cooperative agreement under section 119 
                [16 U.S.C. 1388], and
                  (III) requirements pertaining to the 
                monitoring and reporting of such taking by 
                harassment, including requirements for the 
                independent peer review of proposed monitoring 
                plans or other research proposals where the 
                proposed activity may affect the availability 
                of a species or stock for taking for 
                subsistence uses pursuant to subsection (b) or 
                section 109(f) [16 U.S.C. 1379(f)] or pursuant 
                to a cooperative agreement under section 119 
                [16 U.S.C. 1388].
          (iii) The Secretary shall publish a proposed 
        authorization not later than 45 days after receiving an 
        application under this subparagraph and request public 
        comment through notice in the Federal Register, 
        newspapers of general circulation, and appropriate 
        electronic media and to all locally affected 
        communities for a period of 30 days after publication. 
        Not later than 45 days after the close of the public 
        comment period, if the Secretary makes the findings set 
        forth in clause (i), the Secretary shall issue an 
        authorization with appropriate conditions to meet the 
        requirements of clause (ii).
          (iv) The Secretary shall modify, suspend, or revoke 
        an authorization if the Secretary finds that the 
        provisions of clauses (i) or (ii) are not being met.
          (v) A person conducting an activity for which an 
        authorization has been granted under this subparagraph 
        shall not be subject to the penalties of this Act for 
        taking by harassment that occurs in compliance with 
        such authorization.
          (E)(i) During any period of up to 3 consecutive 
        years, the Secretary shall allow the incidental, but 
        not the intentional, taking by persons using vessels of 
        the United States or vessels which have valid fishing 
        permits issued by the Secretary in accordance with 
        section 204(b) of the Magnuson Fishery Conservation and 
        Management Act (16 U.S.C. 1824(b)), while engaging in 
        commercial fishing operations, of marine mammals from a 
        species or stock designated as depleted because of its 
        listing as an endangered species or threatened species 
        under the Endangered Species Act of 1973 (16 U.S.C. 
        1531 et seq.) if the Secretary, after notice and 
        opportunity for public comment, determines that--
                  (I) the incidental mortality and serious 
                injury from commercial fisheries will have a 
                negligible impact on such species or stock;
                  (II) a recovery plan has been developed or is 
                being developed for such species or stock 
                pursuant to the Endangered Species Act of 1973; 
                and
                  (III) where required under section 118 [16 
                U.S.C. 1387], a monitoring program is 
                established under subsection (d) of such 
                section, vessels engaged in such fisheries are 
                registered in accordance with such section, and 
                a take reduction plan has been developed or is 
                being developed for such species or stock.
          (ii) Upon a determination by the Secretary that the 
        requirements of clause (i) have been met, the Secretary 
        shall publish in the Federal Register a list of those 
        fisheries for which such determination was made, and, 
        for vessels required to register under section 118 [16 
        U.S.C. 1387], shall issue an appropriate permit for 
        each authorization granted under such section to 
        vessels to which this paragraph applies. Vessels 
        engaged in a fishery included in the notice published 
        by the Secretary under this clause which are not 
        required to register under section 118 [16 U.S.C. 1387] 
        shall not be subject to the penalties of this Act for 
        the incidental taking of marine mammals to which this 
        paragraph applies, so long as the owner or master of 
        such vessel reports any incidental mortality or injury 
        of such marine mammals to the Secretary in accordance 
        with section 118 [16 U.S.C. 1387].
          (iii) If, during the course of the commercial fishing 
        season, the Secretary determines that the level of 
        incidental mortality or serious injury from commercial 
        fisheries for which a determination was made under 
        clause (i) has resulted or is likely to result in an 
        impact that is more than negligible on the endangered 
        or threatened species or stock, the Secretary shall use 
        the emergency authority granted under section 118 [16 
        U.S.C. 1387] to protect such species or stock, and may 
        modify any permit granted under this paragraph as 
        necessary.
          (iv) The Secretary may suspend for a time certain or 
        revoke a permit granted under this subparagraph only if 
        the Secretary determines that the conditions or 
        limitations set forth in such permit are not being 
        complied with. The Secretary may amend or modify, after 
        notice and opportunity for public comment, the list of 
        fisheries published under clause (ii) whenever the 
        Secretary determines there has been a significant 
        change in the information or conditions used to 
        determine such list.
          (v) Sections 103 and 104 [16 U.S.C. 1373, 1374] shall 
        not apply to the taking of marine mammals under the 
        authority of this subparagraph.
          (vi) This subparagraph shall not govern the 
        incidental taking of California sea otters and shall 
        not be deemed to amend or repeal the Act of November 7, 
        1986 (Public Law 99-625; 100 Stat. 3500).
          (6)(A) A marine mammal product may be imported into 
        the United States if the product--
                  (i) was legally possessed and exported by any 
                citizen of the United States in conjunction 
                with travel outside the United States, provided 
                that the product is imported into the United 
                States by the same person upon the termination 
                of travel;
                  (ii) was acquired outside of the United 
                States as part of a cultural exchange by an 
                Indian, Aleut, or Eskimo residing in Alaska; or
                  (iii) is owned by a Native inhabitant of 
                Russia, Canada, or Greenland and is imported 
                for noncommercial purposes in conjunction with 
                travel within the United States or as part of a 
                cultural exchange with an Indian, Aleut, or 
                Eskimo residing in Alaska.
          (B) For the purposes of this paragraph, the term--
                  (i) ``Native inhabitant of Russia, Canada, or 
                Greenland'' means a person residing in Russia, 
                Canada, or Greenland who is related by blood, 
                is a member of the same clan or ethnological 
                grouping, or shares a common heritage with an 
                Indian, Aleut, or Eskimo residing in Alaska; 
                and
                  (ii) ``cultural exchange'' means the sharing 
                or exchange of ideas, information, gifts, 
                clothing, or handicrafts between an Indian, 
                Aleut, or Eskimo residing in Alaska and a 
                Native inhabitant of Russia, Canada, or 
                Greenland, including rendering of raw marine 
                mammal parts as part of such exchange into 
                clothing or handicrafts through carving, 
                painting, sewing, or decorating.
  (b) Exemptions for Alaskan Natives.--Except as provided in 
section 109 [16 U.S.C. 1379], the provisions of this Act shall 
not apply with respect to the taking of any marine mammal by 
any Indian, Aleut, or Eskimo who resides in Alaska and who 
dwells on the coast of the North Pacific Ocean or the Arctic 
Ocean if such taking--
          (1) is for subsistence purposes; or
          (2) is done for purposes of creating and selling 
        authentic native articles of handicrafts and clothing: 
        Provided, That only authentic native articles of 
        handicrafts and clothing may be sold in interstate 
        commerce: And provided further, That any edible portion 
        of marine mammals may be sold in native villages and 
        towns in Alaska or for native consumption. For the 
        purposes of this subsection, the term ``authentic 
        native articles of handicrafts and clothing'' means 
        items composed wholly or in some significant respect of 
        natural materials, and which are produced, decorated, 
        or fashioned in the exercise of traditional native 
        handicrafts without the use of pantographs, multiple 
        carvers, or other mass copying devices. Traditional 
        native handicrafts include, but are not limited to 
        weaving, carving, stitching, sewing, lacing, beading, 
        drawing, and painting; and
          (3) in each case, is not accomplished in a wasteful 
        manner.
Notwithstanding the preceding provisions of this subsection, 
when, under this Act, the Secretary determines any species or 
stock of marine mammal subject to taking by Indians, Aleuts, or 
Eskimos to be depleted, he may prescribe regulations upon the 
taking of such marine mammals by any Indian, Aleut, or Eskimo 
described in this subsection. Such regulations may be 
established with reference to species or stocks, geographical 
description of the area included, the season for taking, or any 
other factors related to the reason for establishing such 
regulations and consistent with the purposes of this Act. Such 
regulations shall be prescribed after notice and hearing 
required by section 103 of this title [16 U.S.C. 1373] and 
shall be removed as soon as the Secretary determines that the 
need for their imposition has disappeared. In promulgating any 
regulation or making any assessment pursuant to a hearing or 
proceeding under this subsection or section 117(b)(2) [16 
U.S.C. 1386(b)(2)], or in making any determination of depletion 
under this subsection or finding regarding unmitigable adverse 
impacts under subsection (a)(5) that affects stocks or persons 
to which this subsection applies, the Secretary shall be 
responsible for demonstrating that such regulation, assessment, 
determination, or finding is supported by substantial evidence 
on the basis of the record as a whole. The preceding sentence 
shall only be applicable in an action brought by one or more 
Alaska Native organizations representing persons to which this 
subsection applies.
  (c) Taking in Defense of Self or Others.--It shall not be a 
violation of this Act to take a marine mammal if such taking is 
imminently necessary in self-defense or to save the life of a 
person in immediate danger, and such taking is reported to the 
Secretary within 48 hours. The Secretary may seize and dispose 
of any carcass.
  (d) Act Not To Apply to Incidental Takings by United States 
Citizens Employed on Foreign Vessels Outside the United States 
EEZ.--The provisions of this Act shall not apply to a citizen 
of the United States who incidentally takes any marine mammal 
during fishing operations outside the United States exclusive 
economic zone (as defined in section 3 of the Magnuson Fishery 
Conservation and Management Act (16 U.S.C. 1802) when employed 
on a foreign fishing vessel of a harvesting nation which is in 
compliance with the International Dolphin Conservation Program.

Sec. 1374. Permits

  (a) Issuance.--The Secretary may issue permits which 
authorize the taking or importation of any marine mammal. 
Permits for the incidental taking of marine mammals in the 
course of commercial fishing operations may only be issued as 
specifically provided for in sections 101(a)(5) or 306 [16 
U.S.C. 1371(a)(5) or 1416], or subsection (h) of this section.
  (b) Requisite Provisions.--Any permit issued under this 
section shall--
          (1) be consistent with any applicable regulation 
        established by the Secretary under section 103 of this 
        title [16 U.S.C. 1373], and
          (2) specify--
                  (A) the number and kind of animals which are 
                authorized to be taken or imported,
                  (B) the location and manner (which manner 
                must be determined by the Secretary to be 
                humane) in which they may be taken, or from 
                which they may be imported,
                  (C) the period during which the permit is 
                valid, and
                  (D) any other terms or conditions which the 
                Secretary deems appropriate.
  In any case in which an application for a permit cites as a 
reason for the proposed taking the overpopulation of a 
particular species or population stock, the Secretary shall 
first consider whether or not it would be more desirable to 
transplant a number of animals (but not to exceed the number 
requested for taking in the application) of that species or 
stock to a location not then inhabited by such species or stock 
but previously inhabited by such species or stock.
  (c) Importation for Display or Research.--
          (1) Any permit issued by the Secretary which 
        authorizes the taking or importation of a marine mammal 
        for purposes of scientific research, public display, or 
        enhancing the survival or recovery of a species or 
        stock shall specify, in addition to the conditions 
        required by subsection (b) of this section, the methods 
        of capture, supervision, care, and transportation which 
        must be observed pursuant to such taking or 
        importation. Any person authorized to take or import a 
        marine mammal for purposes of scientific research, 
        public display, or enhancing the survival or recovery 
        of a species or stock shall furnish to the Secretary a 
        report on all activities carried out by him pursuant to 
        that authority.
          (2)(A) A permit may be issued to take or import a 
        marine mammal for the purpose of public display only to 
        a person which the Secretary determines--
                  (i) offers a program for education or 
                conservation purposes that is based on 
                professionally recognized standards of the 
                public display community;
                  (ii) is registered or holds a license issued 
                under 7 U.S.C. 2131 et seq.; and
                  (iii) maintains facilities for the public 
                display of marine mammals that are open to the 
                public on a regularly scheduled basis and that 
                access to such facilities is not limited or 
                restricted other than by charging of an 
                admission fee.
          (B) A permit under this paragraph shall grant to the 
        person to which it is issued the right, without 
        obtaining any additional permit or authorization under 
        this Act, to--
                    (i) take, import, purchase, offer to 
                purchase, possess, or transport the marine 
                mammal that is the subject of the permit; and
                    (ii) sell, export, or otherwise transfer 
                possession of the marine mammal, or offer to 
                sell, export, or otherwise transfer possession 
                of the marine mammal--
                          (I) for the purpose of public 
                        display, to a person that meets the 
                        requirements of clauses (i), (ii), and 
                        (iii) of subparagraph (A);
                          (II) for the purpose of scientific 
                        research, to a person that meets the 
                        requirements of paragraph (3); or
                          (III) for the purpose of enhancing 
                        the survival or recovery of a species 
                        or stock, to a person that meets the 
                        requirements of paragraph (4).
          (C) A person to which a marine mammal is sold or 
        exported or to which possession of a marine mammal is 
        otherwise transferred under the authority of 
        subparagraph (B) shall have the rights and 
        responsibilities described in subparagraph (B) with 
        respect to the marine mammal without obtaining any 
        additional permit or authorization under this Act. Such 
        responsibilities shall be limited to--
                  (i) for the purpose of public display, the 
                responsibility to meet the requirements of 
                clauses (i), (ii), and (iii) of subparagraph 
                (A),
                  (ii) for the purpose of scientific research, 
                the responsibility to meet the requirements of 
                paragraph (3), and
                  (iii) for the purpose of enhancing the 
                survival or recovery of a species or stock, the 
                responsibility to meet the requirements of 
                paragraph (4).
          (D) If the secretary--
                  (i) finds in concurrence with the Secretary 
                of Agriculture, that a person that holds a 
                permit under this paragraph for a marine 
                mammal, or a person exercising rights under 
                subparagraph (C), no longer meets the 
                requirements of subparagraph (A)(ii) and is not 
                reasonably likely to meet those requirements in 
                the near future, or
                  (ii) finds that a person that holds a permit 
                under this paragraph for a marine mammal, or a 
                person exercising rights under subparagraph 
                (C), no longer meets the requirements of 
                subparagraph (A) (i) or (iii) and is not 
                reasonably likely to meet those requirements in 
                the near future, the Secretary may revoke the 
                permit in accordance with section 104(e) 
                [subsec. (e) of this section], seize the marine 
                mammal, or cooperate with other persons 
                authorized to hold marine mammals under this 
                Act for disposition of the marine mammal. The 
                Secretary may recover from the person expenses 
                incurred by the Secretary for that seizure.
          (E) No marine mammal held pursuant to a permit issued 
        under subparagraph (A), or by a person exercising 
        rights under subparagraph (C), may be sold, purchased, 
        exported, or transported unless the Secretary is 
        notified of such action no later than 15 days before 
        such action, and such action is for purposes of public 
        display, scientific research, or enhancing the survival 
        or recovery of a species or stock. The Secretary may 
        only require the notification to include the 
        information required for the inventory established 
        under paragraph (10).
          (3)(A) The Secretary may issue a permit under this 
        paragraph for scientific research purposes to an 
        applicant which submits with its permit application 
        information indicating that the taking is required to 
        further a bona fide scientific purpose. The Secretary 
        may issue a permit under this paragraph before the end 
        of the public review and comment period required under 
        subsection (d)(2) if delaying issuance of the permit 
        could result in injury to a species, stock, or 
        individual, or in loss of unique research 
        opportunities.
          (B) No permit issued for purposes of scientific 
        research shall authorize the lethal taking of a marine 
        mammal unless the applicant demonstrates that a 
        nonlethal method of conducting the research is not 
        feasible. The Secretary shall not issue a permit for 
        research which involves the lethal taking of a marine 
        mammal from a species or stock that is depleted, unless 
        the Secretary determines that the results of such 
        research will directly benefit that species or stock, 
        or that such research fulfills a critically important 
        research need.
          (C) Not later than 120 days after the date of 
        enactment of the Marine Mammal Protection Act 
        Amendments of 1994 [enacted April 30, 1994], the 
        Secretary shall issue a general authorization and 
        implementing regulations allowing bona fide scientific 
        research that may result only in taking by Level B 
        harassment of a marine mammal. Such authorization shall 
        apply to persons which submit, by 60 days before 
        commencement of such research, a letter of intent via 
        certified mail to the Secretary containing the 
        following:
                  (i) The species or stocks of marine mammals 
                which may be harassed.
                  (ii) The geographic location of the research.
                  (iii) The period of time over which the 
                research will be conducted.
                  (iv) The purpose of the research, including a 
                description of how the definition of bona fide 
                research as established under this Act would 
                apply.
                  (v) Methods to be used to conduct the 
                research.
        Not later than 30 days after receipt of a letter of 
        intent to conduct scientific research under the general 
        authorization, the Secretary shall issue a letter to 
        the applicant confirming that the general authorization 
        applies, or, if the proposed research is likely to 
        result in the taking (including Level A harassment) of 
        a marine mammal, shall notify the applicant that 
        subparagraph (A) applies.
          (4)(A) A permit may be issued for enhancing the 
        survival or recovery of a species or stock only with 
        respect to a species or stock for which the Secretary, 
        after consultation with the Marine Mammal Commission 
        and after notice and opportunity for public comment, 
        has first determined that--
                  (i) taking or importation is likely to 
                contribute significantly to maintaining or 
                increasing distribution or numbers necessary to 
                ensure the survival or recovery of the species 
                or stock; and
                  (ii) taking or importation is consistent (I) 
                with any conservation plan adopted by the 
                Secretary under section 115(b) of this title 
                [16 U.S.C. 1383b(b)] or any recovery plan 
                developed under section 4(f) of the Endangered 
                Species Act of 1973 [16 U.S.C. 1533(f)] for the 
                species or stock, or (II) if there is no 
                conservation or recovery plan in place, with 
                the Secretary's evaluation of the actions 
                required to enhance the survival or recovery of 
                the species or stock in light of the factors 
                that would be addressed in a conservation plan 
                or a recovery plan.
          (B) A permit issued in accordance with this paragraph 
        may allow the captive maintenance of a marine mammal 
        from a depleted species or stock only if the 
        Secretary--
                  (i) determines that captive maintenance is 
                likely to contribute to the survival or 
                recovery of the species or stock by maintaining 
                a viable gene pool, increasing productivity, 
                providing biological information, or 
                establishing animal reserves;
                  (ii) determines that the expected benefit to 
                the affected species or stock outweighs the 
                expected benefit of alternatives which do not 
                require removal of animals from the wild; and
                  (iii) requires that the marine mammal or its 
                progeny be returned to the natural habitat of 
                the species or stock as soon as feasible, 
                consistent with the objectives of any 
                applicable conservation plan or recovery plan, 
                or of any evaluation by the Secretary under 
                subparagraph (A). The Secretary may allow the 
                public display of such a marine mammal only if 
                the Secretary determines that such display is 
                incidental to the authorized maintenance and 
                will not interfere with the attainment of the 
                survival or recovery objectives.
          (5)(A) The Secretary may issue a permit for the 
        importation of polar bear parts (other than internal 
        organs) taken in sport hunts in Canada, including polar 
        bears taken but not imported prior to the date of 
        enactment of the Marine Mammal Protection Act 
        Amendments of 1994 [enacted April 30, 1994], to an 
        applicant which submits with its permit application 
        proof that the polar bear was legally harvested in 
        Canada by the applicant. Such a permit shall be issued 
        if the Secretary, in consultation with the Marine 
        Mammal Commission and after notice and opportunity for 
        public comment, finds that--
                  (i) Canada has a monitored and enforced sport 
                hunting program consistent with the purposes of 
                the Agreement on the Conservation of Polar 
                Bears;
                  (ii) Canada has a sport hunting program based 
                on scientifically sound quotas ensuring the 
                maintenance of the affected population stock at 
                a sustainable level;
                  (iii) the export and subsequent import are 
                consistent with the provisions of the 
                Convention on International Trade in Endangered 
                Species of Wild Fauna and Flora and other 
                international agreements and conventions; and
                  (iv) the export and subsequent import are not 
                likely to contribute to illegal trade in bear 
                parts.
          (B) The Secretary shall establish and charge a 
        reasonable fee for permits issued under this paragraph. 
        All fees collected under this paragraph shall be 
        available to the Secretary for use in developing and 
        implementing cooperative research and management 
        programs for the conservation of polar bears in Alaska 
        and Russia pursuant to section 113(d) [unclassified].
          (C)(i) The Secretary shall undertake a scientific 
        review of the impact of permits issued under this 
        paragraph on the polar bear population stocks in Canada 
        within 2 years after the date of enactment of this 
        paragraph [enacted April 30, 1994]. The Secretary shall 
        provide an opportunity for public comment during the 
        course of such review, and shall include a response to 
        such public comment in the final report on such review.
          (ii) The Secretary shall not issue permits under this 
        paragraph after September 30, 1996, if the Secretary 
        determines, based on the scientific review, that the 
        issuance of permits under this paragraph is having a 
        significant adverse impact on the polar bear population 
        stocks in Canada. The Secretary may review such 
        determination annually thereafter, in light of the best 
        scientific information available, and shall complete 
        the review not later than January 31 in any year a 
        review is undertaken. The Secretary may issue permits 
        under this paragraph whenever the Secretary determines, 
        on the basis of such annual review, that the issuance 
        of permits under this paragraph is not having a 
        significant adverse impact on the polar bear population 
        stocks in Canada.
          (6) A permit may be issued for photography for 
        educational or commercial purposes involving marine 
        mammals in the wild only to an applicant which submits 
        with its permit application information indicating that 
        the taking will be limited to Level B harassment, and 
        the manner in which the products of such activities 
        will be made available to the public.
          (7) Upon request by a person for a permit under 
        paragraph (2), (3), or (4) for a marine mammal which is 
        in the possession of any person authorized to possess 
        it under this Act and which is determined under 
        guidance under section 402(a) not to be releasable to 
        the wild, the Secretary shall issue the permit to the 
        person requesting the permit if that person--
                  (A) meets the requirements of clauses (i), 
                (ii), and (iii) of paragraph (2)(A), in the 
                case of a request for a permit under paragraph 
                (2);
                  (B) meets the requirements of paragraph (3), 
                in the case of a request for a permit under 
                that paragraph; or
                  (C) meets the requirements of paragraph (4), 
                in the case of a request for a permit under 
                that paragraph.
          (8)(A) No additional permit or authorization shall be 
        required to possess, sell, purchase, transport, export, 
        or offer to sell or purchase the progeny of marine 
        mammals taken or imported under this subsection, if 
        such possession, sale, purchase, transport, export, or 
        offer to sell or purchase is--
                  (i) for the purpose of public display, and by 
                or to, respectively, a person which meets the 
                requirements of clauses (i), (ii), and (iii) of 
                paragraph (2)(A);
                  (ii) for the purpose of scientific research, 
                and by or to, respectively, a person which 
                meets the requirements of paragraph (3); or
                  (iii) for the purpose of enhancing the 
                survival or recovery of a species or stock, and 
                by or to, respectively, a person which meets 
                the requirements of paragraph (4).
          (B)(i) A person which has a permit under paragraph 
        (2), or a person exercising rights under paragraph 
        (2)(C), which has possession of a marine mammal that 
        gives birth to progeny shall--
                  (I) notify the Secretary of the birth of such 
                progeny within 30 days after the date of birth; 
                and
                  (II) notify the Secretary of the sale, 
                purchase, or transport of such progeny no later 
                than 15 days before such action.
                  (ii) The Secretary may only require 
                notification under clause (i) to include the 
                information required for the inventory 
                established under paragraph (10).
          (C) Any progeny of a marine mammal born in captivity 
        before the date of the enactment of the Marine Mammal 
        Protection Act Amendments of 1994 [enacted April 30, 
        1994] and held in captivity for the purpose of public 
        display shall be treated as though born after that date 
        of enactment.
          (9) No marine mammal may be exported for the purpose 
        of public display, scientific research, or enhancing 
        the survival or recovery of a species or stock unless 
        the receiving facility meets standards that are 
        comparable to the requirements that a person must meet 
        to receive a permit under this subsection for that 
        purpose.
          (10) The Secretary shall establish and maintain an 
        inventory of all marine mammals possessed pursuant to 
        permits issued under paragraph (2)(A), by persons 
        exercising rights under paragraph (2)(C), and all 
        progeny of such marine mammals. The inventory shall 
        contain, for each marine mammal, only the following 
        information which shall be provided by a person holding 
        a marine mammal under this Act:
                  (A) The name of the marine mammal or other 
                identification.
                  (B) The sex of the marine mammal.
                  (C) The estimated or actual birth date of the 
                marine mammal.
                  (D) The date of acquisition or disposition of 
                the marine mammal by the permit holder.
                  (E) The source from whom the marine mammal 
                was acquired including the location of the take 
                from the wild, if applicable.
                  (F) If the marine mammal is transferred, the 
                name of the recipient.
                  (G) A notation if the animal was acquired as 
                the result of a stranding.
                  (H) The date of death of the marine mammal 
                and the cause of death when determined.
    (d) Application Procedures; Notice; Hearing; Review.--
          (1) The Secretary shall prescribe such procedures as 
        are necessary to carry out this section, including the 
        form and manner in which application for permits may be 
        made.
          (2) The Secretary shall publish notice in the Federal 
        Register of each application made for a permit under 
        this section. Such notice shall invite the submission 
        from interested parties, within thirty days after the 
        date of the notice, of written data or views, with 
        respect to the taking or importation proposed in such 
        application.
          (3) The applicant for any permit under this section 
        must demonstrate to the Secretary that the taking or 
        importation of any marine mammal under such permit will 
        be consistent with the purposes of this Act and the 
        applicable regulations established under section 103 of 
        this title [16 U.S.C. 1373].
          (4) If within thirty days after the date of 
        publication of notice pursuant to paragraph (2) of this 
        subsection with respect to any application for a permit 
        any interested party or parties request a hearing in 
        connection therewith, the Secretary may, within sixty 
        days following such date of publication, afford to such 
        party or parties an opportunity for such a hearing.
          (5) As soon as practicable (but not later than thirty 
        days) after the close of the hearing or, if no hearing 
        is held, after the last day on which data, or views, 
        may be submitted pursuant to paragraph (2) of this 
        subsection, the Secretary shall (A) issue a permit 
        containing such terms and conditions as he deems 
        appropriate, or (B) shall deny issuance of a permit. 
        Notice of the decision of the Secretary to issue or to 
        deny any permit under this paragraph must be published 
        in the Federal Register within ten days after the date 
        of issuance or denial.
          (6) Any applicant for a permit, or any party opposed 
        to such permit, may obtain judicial review of the terms 
        and conditions of any permit issued by the Secretary 
        under this section or of his refusal to issue such a 
        permit. Such review, which shall be pursuant to chapter 
        7 of title 5, United States Code [5 16 U.S.C. 1374 
        (1996) U.S.C. 701 et seq.], may be initiated by filing 
        a petition for review in the United States district 
        court for the district wherein the applicant for a 
        permit resides, or has his principal place of business, 
        or in the United States District Court for the District 
        of Columbia, within sixty days after the date on which 
        such permit is issued or denied.
    (e) Modification, Suspension, and Revocation.--
          (1) The Secretary may modify, suspend, or revoke in 
        whole or part any permit issued by him under this 
        section--
                  (A) in order to make any such permit 
                consistent with any change made after the date 
                of issuance of such permit with respect to any 
                applicable regulation prescribed under section 
                103 of this title [16 U.S.C. 1373],
                  (B) in any case in which a violation of the 
                terms and conditions of the permit is found, or
                  (C) if, in the case of a permit under 
                subsection (c)(5) authorizing importation of 
                polar bear parts, the Secretary, in 
                consultation with the appropriate authority in 
                Canada, determines that the sustainability of 
                Canada's polar bear population stocks are being 
                adversely affected or that sport hunting may be 
                having a detrimental effect on maintaining 
                polar bear population stocks throughout their 
                range.
          (2) Whenever the Secretary shall propose any 
        modification, suspension, or revocation of a permit 
        under this subsection, the permittee shall be afforded 
        opportunity, after due notice, for a hearing by the 
        Secretary with respect to such proposed modification, 
        suspension, or revocation. Such proposed action by the 
        Secretary shall not take effect until a decision is 
        issued by him after such hearing. Any action taken by 
        the Secretary after such a hearing is subject to 
        judicial review on the same basis as is any action 
        taken by him with respect to a permit application under 
        paragraph (5) of subsection (d) of this section.
          (3) Notice of the modification, suspension, or 
        revocation of any permit by the Secretary shall be 
        published in the Federal Register within ten days from 
        the date of the Secretary's decision.
    (f) Possession of Permit by Issuee or His Agent.--Any 
permit issued under this section must be in the possession of 
the person to whom it is issued (or an agent of such person) 
during--
          (1) the time of the authorized or taking [taking or] 
        importation;
          (2) the period of any transit of such person or agent 
        which is incident to such taking or importation; and
          (3) any other time while any marine mammal taken or 
        imported under such permit is in the possession of such 
        person or agent.
    A duplicate copy of the issued permit must be physically 
attached to the container, package, enclosure, or other means 
of containment, in which the marine mammal is placed for 
purposes of storage, transit, supervision, or care.
    (g) Fees.--The Secretary shall establish and charge a 
reasonable fee for permits issued under this section.
  [(h) General Permits.--
          [(1) Consistent with the regulations prescribed 
        pursuant to section 103 of this title [16 U.S.C. 1373] 
        and to the requirements of section 101 of this title 
        [16 U.S.C. 1371]; 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 [enacted July 17, 1984] 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 (Stennella 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 
                Tuna Commission 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 [enacted July 17, 1984].
          [(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) [16 U.S.C. 1373(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) General Permits.--
          (1) Consistent with the regulations prescribed 
        pursuant to section 103 of this title and to the 
        requirements of section 101 of this title, the 
        Secretary may issue an annual permit to a United States 
        vessel for the taking of such marine mammals, and shall 
        issue regulations to cover the use of any such annual 
        permits.
          (2) Such annual permits for the incidental taking of 
        marine mammals in the course of commercial purse seine 
        fishing for yellowfin tuna in the eastern tropical 
        Pacific Ocean shall be governed by section 304 of this 
        Act, subject to the regulations issued pursuant to 
        section 302 of this Act.

                  chapter 31. marine mammal protection

             conservation and protection of marine mammals

                         16 U.S.C. 1378 (1996)

Sec. 1378. International program

    (a) Duties of Secretary.--The Secretary, through the 
Secretary of State, shall--
          (1) initiate negotiations as soon as possible for the 
        development of bilateral or multilateral 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]
                  (B) discussions with foreign governments 
                whose vessels harvest yellowfin tuna with purse 
                seines in the eastern tropical Pacific Ocean, 
                for the purpose of concluding, through the 
                Inter-American Tropical Tuna Commission or such 
                other bilateral or multilateral institutions as 
                may be appropriate, international arrangements 
                for the conservation of marine mammals taken 
                incidentally in the course of harvesting such 
                tuna, which should include provisions for (i) 
                cooperative research into alternative methods 
                of locating and catching yellowfin tuna which 
                do not involve the taking of marine mammals, 
                (ii) cooperative research on the status of 
                affected marine mammal population stocks, (iii) 
                reliable monitoring of the number, rate, and 
                species of marine mammals taken by vessels of 
                harvesting nations, (iv) limitations on 
                incidental take levels based upon the best 
                scientific information available, and (v) the 
                use of the best marine mammal safety techniques 
                and equipment that are economically and 
                technologically practicable to reduce the 
                incidental kill and serious injury of marine 
                mammals to insignificant levels approaching a 
                zero mortality and serious injury rate;
                  (C) negotiations to revise the Convention for 
                the Establishment of an Inter-American Tropical 
                Tuna Commission (1 U.S.T. 230; TIAS 2044) which 
                will incorporate--
                          (i) the conservation and management 
                        provisions agreed to by the nations 
                        which have signed the Declaration of 
                        Panama and in the Straddling Fish 
                        Stocks and Highly Migratory Fish Stocks 
                        Agreement, as opened for signature and 
                        ratification on December 4, 1995; and
                          (ii) a revised schedule of annual 
                        contributions to the expenses of the 
                        Inter-American Tropical Tuna Commission 
                        that is equitable to participating 
                        nations; and
                  (D) discussions with those countries 
                participating, or likely to participate, in the 
                International Dolphin Conservation Program, for 
                the purpose of identifying sources of funds 
                needed for research and other measures 
                promoting effective protection of dolphins, 
                other marine species, and the marine ecosystem;
          (3) encourage such other agreements to promote the 
        purposes of this Act with other nations for the 
        protection of specific ocean and land regions which are 
        of special significance to the health and stability of 
        marine mammals;
          (4) initiate the amendment of any existing 
        international treaty for the protection and 
        conservation of any species of marine mammal to which 
        the United States is a party in order to make such 
        treaty consistent with the purposes and policies of 
        this Act;
          (5) seek the convening of an international 
        ministerial meeting on marine mammals before July 1, 
        1973, for the purposes of (A) the negotiation of a 
        binding international convention for the protection and 
        conservation of all marine mammals, and (B) the 
        implementation of paragraph (3) of this section; and
          (6) provide to the Congress by not later than one 
        year after the date of the enactment of this Act 
        [enacted Oct. 21, 1972] a full report on the results of 
        his efforts under this section.
  (b) Consultations and Studies Concerning North Pacific Fur 
Seals.--
          (1) In addition to the foregoing, the Secretary 
        shall--
                  (A) in consultation with the Marine Mammal 
                Commission established by section 201 of this 
                Act [16 U.S.C. 1401], undertake a study of the 
                North Pacific fur seals to determine whether 
                herds of such seals subject to the jurisdiction 
                of the United States are presently at their 
                optimum sustainable population and what 
                population trends are evident; and
                  (B) in consultation with the Secretary of 
                State, promptly undertake a comprehensive study 
                of the provisions of this Act, as they relate 
                to North Pacific fur seals, and the provisions 
                of the North Pacific Fur Seal Convention signed 
                on February 9, 1957, as extended (hereafter 
                referred to in this subsection as the 
                ``Convention''), to determine what 
                modifications, if any, should be made to the 
                provisions of the Convention, or of this Act, 
                or both, to make the Convention and this Act 
                consistent with each other.
  The Secretary shall complete the studies required under this 
paragraph not later than one year after the date of enactment 
of this Act [enacted Oct. 21, 1972] and shall immediately 
provide copies thereof to Congress.
          (2) If the Secretary finds--
                  (A) as a result of the study required under 
                paragraph (1)(A) of this subsection, that the 
                North Pacific fur seal herds are below their 
                optimum sustainable population and are not 
                trending upward toward such level, or have 
                reached their optimum sustainable population 
                but are commencing a downward trend, and 
                believes the herds to be in danger of 
                depletion; or
                  (B) as a result of the study required under 
                paragraph (1)(B) of this subsection, that 
                modifications of the Convention are desirable 
                to make it and this Act consistent;
he shall, through the Secretary of State, immediately initiate 
negotiations to modify the Convention so as to (i) reduce or 
halt the taking of seals to the extent required to assure that 
such herds attain and remain at their optimum sustainable 
population, or (ii) make the Convention and this Act 
consistent; or both, as the case may be. If negotiations to so 
modify the Convention are unsuccessful, the Secretary shall, 
through the Secretary of State, take such steps as may be 
necessary to continue the existing Convention beyond its 
present termination date so as to continue to protect and 
conserve the North Pacific fur seals and to prevent a return to 
pelagic sealing.
  (c) Annual Results; Proposals.--The Secretary shall include a 
description of the annual results of discussions initiated and 
conducted pursuant to subsection (a)(2)(B), as well as any 
proposals for further action to achieve the purposes of that 
subsection, in the report required under section 103(f) of this 
title [16 U.S.C. 1373(f)].

                  CHAPTER 31. MARINE MAMMAL PROTECTION

             CONSERVATION AND PROTECTION OF MARINE MAMMALS

Sec. 1380. Marine mammal research grants

  (a) Authorization; Research Concerning Yellowfin Tuna; Annual 
Report.--
          [(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) [16 U.S.C. 1373(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.]
  (b) Terms and Conditions.--Any grant or other financial 
assistance provided by the Secretary pursuant to this section 
shall be subject to such terms and conditions as the Secretary 
deems necessary to protect the interests of the United States 
and shall be made after review by the Marine Mammal Commission.
  (c) Gulf of Maine Marine Ecosystem Protection Workshop.--
          (1) No later than 1 year after the date of enactment 
        of the Marine Mammal Protection Act Amendments of 1994 
        [enacted April 30, 1994], the Secretary of Commerce 
        shall convene a regional workshop for the Gulf of Maine 
        to assess human-caused factors affecting the health and 
        stability of that marine ecosystem, of which marine 
        mammals are a part. The workshop shall be conducted in 
        consultation with the Marine Mammal Commission, the 
        adjacent coastal States, individuals with expertise in 
        marine mammal biology and ecology, representatives from 
        environmental organizations, the fishing industry, and 
        other appropriate persons. The goal of the workshop 
        shall be to identify such factors, and to recommend a 
        program of research and management to restore or 
        maintain that marine ecosystem and its key components 
        that--
                  (A) protects and encourages marine mammals to 
                develop to the greatest extent feasible 
                commensurate with sound policies of resource 
                management;
                  (B) has as the primary management objective 
                the maintenance of the health and stability of 
                the marine ecosystems;
                  (C) ensures the fullest possible range of 
                management options for future generations; and
                  (D) permits nonwasteful, environmentally 
                sound development of renewable and nonrenewable 
                resources.
          (2) On or before December 31, 1995, the Secretary of 
        Commerce shall submit to the Committee on Merchant 
        Marine and Fisheries of the House of Representatives 
        and the Committee on Commerce, Science and 
        Transportation of the Senate a report containing the 
        results of the workshop under this subsection, proposed 
        regulatory or research actions, and recommended 
        legislative action.
  (d) Bering Sea Marine Ecocystem Protection Program.--
          (1) The Secretary of Commerce, in consultation with 
        the Secretary of the Interior, the Marine Mammal 
        Commission, the State of Alaska, and Alaska Native 
        organizations, shall, not later than 180 days after the 
        date of enactment of the Marine Mammal Protection Act 
        Amendments of 1994 [enacted April 30, 1994], undertake 
        a scientific research program to monitor the health and 
        stability of the Bering Sea marine ecosystem and to 
        resolve uncertainties concerning the causes of 
        population declines of marine mammals, sea birds, and 
        other living resources of that marine ecosystem. The 
        program shall address the research recommendations 
        developed by previous workshops on Bering Sea living 
        marine resources, and shall include research on 
        subsistence uses of such resources and ways to provide 
        for the continued opportunity for such uses.
          (2) To the maximum extent practicable, the research 
        program undertaken pursuant to paragraph (1) shall be 
        conducted in Alaska. The Secretary of Commerce shall 
        utilize, where appropriate, traditional local knowledge 
        and may contract with a qualified Alaska Native 
        organization to conduct such research.
          (3) The Secretary of Commerce, the Secretary of the 
        Interior, and the Commission shall address the status 
        and findings of the research program in their annual 
        reports to Congress required by sections 103(f) and 204 
        of this Act [16 U.S.C. 1373(f), 1404].

                  CHAPTER 31. MARINE MAMMAL PROTECTION

             CONSERVATION AND PROTECTION OF MARINE MAMMALS

Sec. 1385. Dolphin protection

  (a) Short Title.--This section may be cited as the ``Dolphin 
Protection Consumer Information Act''.
  (b) Findings.--The Congress finds that--
          (1) dolphins and other marine mammals are frequently 
        killed in the course of tuna fishing operations in the 
        eastern tropical Pacific Ocean and high seas driftnet 
        fishing in other parts of the world;
          (2) it is the policy of the United States to support 
        a worldwide ban on high seas driftnet fishing, in part 
        because of the harmful effects that such driftnets have 
        on marine mammals, including dolphins; and
          (3) consumers would like to know if the tuna they 
        purchase is falsely labeled as to the effect of the 
        harvesting of the tuna on dolphins.
  (c) Definitions.--For purposes of this section--
          (1) the terms ``driftnet'' and ``driftnet fishing'' 
        have the meanings given those terms in section 4003 of 
        the Driftnet Impact Monitoring, Assessment, and Control 
        Act of 1987 (16 U.S.C. 1822 note);
          (2) the term ``eastern tropical Pacific Ocean'' means 
        the area of the Pacific Ocean bounded by 40 degrees 
        north latitude, 40 degrees south latitude, 160 degrees 
        west longitude, and the western coastlines of North, 
        Central, and South America;
          (3) the term ``label'' means a display of written, 
        printed, or graphic matter on or affixed to the 
        immediate container of any article;
          (4) the term ``Secretary'' means the Secretary of 
        Commerce; and
          (5) the term ``tuna product'' means a food item which 
        contains tuna and which has been processed for retail 
        sale, except perishable sandwiches, salads, or other 
        products with a shelf life of less than 3 days.
  (d) Labeling Standard.--
          [(1) It is a violation of section 5 of the Federal 
        Trade Commission Act [15 U.S.C. 45] for any producer, 
        importer, exporter, distributor, or seller of any tuna 
        product that is exported from or offered for sale in 
        the United States to include on the label of that 
        product the term ``Dolphin Safe'' or any other term or 
        symbol that falsely claims or suggests that the tuna 
        contained in the product 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).]
          (1) It is a violation of section 5 of the Federal 
        Trade Commission Act for any producer, importer, 
        exporter, distributor, or seller of any tuna product 
        that is exported from or offered for sale in the United 
        States to include on the label of that product the term 
        ``Dolphin Safe'' or any other term or symbol that 
        falsely claims or suggests that the tuna contained in 
        the product was harvested using a method of fishing 
        that is not harmful to dolphins if the product 
        contains--
                  (A) tuna harvested on the high seas by a 
                vessel engaged in driftnet fishing;
                  (B) tuna harvested in the eastern tropical 
                Pacific Ocean by a vessel using purse seine 
                nets which do not meet the requirements of 
                being considered dolphin safe under paragraph 
                (2); or
                  (C) tuna harvested outside the eastern 
                tropical Pacific Ocean by a vessel using purse 
                seine nets which do not meet the requirements 
                for being considered dolphin safe under 
                paragraph (3).
          [(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 developed 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.]
          (2) For purposes of paragraph (1)(B), a tuna product 
        that contains tuna harvested in the eastern tropical 
        Pacific Ocean by a vessel using purse seine nets is 
        dolphin safe if--
                  (A) the vessel is of a type and size that the 
                Secretary has determined, consistent with the 
                International Dolphin Conservation Program, is 
                not capable of deploying its purse seine nets 
                on or to encircle dolphins; or
                  (B)(i) the product is accompanied by a 
                written statement executed by the captain of 
                the vessel which harvested the tuna certifying 
                that no dolphins were killed during the sets in 
                which the tuna were caught;
                  (ii) the product is accompanied by a written 
                statement executed by--
                          (I) the Secretary or the Secretary's 
                        designee;
                          (II) a representative of the Inter-
                        American Tropical Tuna Commission; or
                          (III) an authorized representative of 
                        a participating nation whose national 
                        program meets the requirements of the 
                        International Dolphin Conservation 
                        Program,
                which states that there was an observer 
                approved by the International Dolphin 
                Conservation Program on board the vessel during 
                the entire trip and that such observer 
                documented that no dolphins were killed during 
                the sets in which the tuna in the tuna product 
                were caught; and
                  (iii) the statements referred to in clauses 
                (i) and (ii) are endorsed in writing by each 
                exporter, importer, and processor of the 
                product; and
                  (C) the written statements and endorsements 
                referred to in subparagraph (B) comply with 
                regulations promulgated by the Secretary which 
                would provide for the verification of tuna 
                products as dolphin safe.
          (3) For purposes of paragraph (1)(C), tuna or a tuna 
        product that contains tuna harvested outside the 
        eastern tropical Pacific Ocean by a fishing vessel 
        using purse seine nets is dolphin safe if--
                  (A) it is accompanied by a written statement 
                executed by the captain of the vessel 
                certifying that no purse seine net was 
                intentionally deployed on or to encircle 
                dolphins during the particular voyage on which 
                the tuna was harvested; or
                  (B) in any fishing in which the Secretary has 
                determined that a regular and significant 
                association occurs between marine mammals and 
                tuna, it is accompanied by a written statement 
                executed by the captain of the vessel and an 
                observer, certifying that no purse seine net 
                was intentionally deployed on or to encircle 
                marine mammals during the particular voyage on 
                which the tuna was harvested.
          (4) No tuna product may be labeled with any reference 
        to dolphins, porpoises, or marine mammals, except as 
        dolphin safe in accordance with this subsection.
  (e) Enforcement.--Any person who knowingly and willfully 
makes a statement or endorsement described in subsection 
(d)(2)(B) that is false is liable for a civil penalty of not to 
exceed $ 100,000 assessed in an action brought in any 
appropriate district court of the United States on behalf of 
the Secretary.
  [(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 [enacted Nov. 28, 1990], including 
regulations establishing procedures and requirements for 
ensuring that tuna products are labeled in accordance with 
subsection (d).]
  (f) Regulations.--The Secretary, in consultation with the 
Secretary of the Treasury, shall issue regulations to implement 
this section not later than 3 months after the date of 
enactment of the International Dolphin Conservation Program 
Act. In the development of these regulations, the Secretary 
shall establish appropriate procedures for ensuring the 
confidentiality of proprietary information the submission of 
which is voluntary or mandatory. The regulations shall 
establish a domestic tracking and verification program that 
provides for the effective tracking of tuna labeled under 
subsection (d), including provisions that address each of the 
following items:
          (1) the use of weight calculation for purposes of 
        tracking tuna caught, landed, processed, and exported;
          (2) additional measures to enhance current observer 
        coverage, including the establishment of criteria for 
        training, and for improving monitoring and reporting 
        capabilities and procedures;
          (3) the designation of well location, procedures for 
        sealing holds, procedures for monitoring and certifying 
        both above and below deck, or through equally effective 
        methods, the tracking and verification of tuna labeled 
        under subsection (d);
          (4) the reporting, receipt, and database storage of 
        radio and facsimile transmittals from fishing vessels 
        containing information related to the tracking and 
        verification of tuna, and the definition of set;
          (5) the shore-based verification and tracking 
        throughout the fishing, transshipment, and canning 
        process by means of Inter-American Tropical Tuna 
        Commission trip records or otherwise;
          (6) the use of periodic audits and spot checks for 
        caught, landed, and processed tuna products labeled in 
        accordance with subsection (d); and
          (7) the provision of timely access to data required 
        under this subsection by the Secretary from harvesting 
        nations to undertake the actions required in paragraph 
        (6) of this subsection.
The Secretary may make such adjustments as may be appropriate 
to the regulations promulgated under this subsection to 
implement an international tracking and verification program 
that meets or exceeds the minimum requirements established by 
the Secretary under this subsection.
  (g) [Omitted]
  (h) Negotiations.--The Secretary of State shall immediately 
seek, through negotiations and discussions with appropriate 
foreign governments, to reduce and, as soon as possible, 
eliminate the practice of harvesting tuna through the use of 
purse seine nets intentionally deployed to encircle dolphins.
  (i) Effective Date.--Subsections (d) and (e) shall take 
effect 6 months after the date of the enactment of this Act 
[enacted Nov. 28, 1990].

                  CHAPTER 31. MARINE MAMMAL PROTECTION

    GLOBAL MORATORIUM TO PROHIBIT CERTAIN TUNA HARVESTING PRACTICES

Sec. 1411. Findings and policy

  (a) Findings.--The Congress finds the following:
          (1) The yellowfin tuna fishery of the eastern 
        tropical Pacific Ocean has resulted in the deaths of 
        millions of dolphins.
          (2) Significant awareness and increased concern for 
        the health and safety of dolphin populations has 
        encouraged a change in fishing methods worldwide.
          (3) United States tuna fishing vessels have led the 
        world in the development of fishing methods to reduce 
        dolphin mortalities in the eastern tropical Pacific 
        Ocean and United States tuna processing companies have 
        voluntarily promoted the marketing of tuna that is 
        dolphin safe.
          [(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 not operating in 
        compliance with the International Dolphin Conservation 
        Program;
          (4) secure appropriate multilateral agreements to 
        ensure that United States tuna fishing vessels shall 
        have continued access to productive tuna fishing 
        grounds in the South Pacific Ocean and elsewhere; and
          (5) encourage observer coverage on purse seine 
        vessels fishing for tuna outside of the eastern 
        tropical Pacific Ocean 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.

[Sec. 1412. 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 [16 U.S.C. 1411 
et seq.], 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 [16 U.S.C. 1414] 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) [16 U.S.C. 1414(b)] a 
        recommendation that the moratorium be terminated; and
          [(2) the recommendation is approved by enactment of a 
        joint resolution of approval.]

SEC. 302. AUTHORITY OF THE SECRETARY.

  (a) Regulations.--
          (1) The Secretary shall issue regulations to 
        implement the International Dolphin Conservation 
        Program.
          (2)(A) Not later than 3 months after the effective 
        date of the International Dolphin Conservation Program 
        Act, the Secretary shall issue regulations to authorize 
        and govern the 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 (16 U.S.C. 1531 et 
        seq.), by vessels of the United States participating in 
        the International Dolphin Conservation Program.
          (B) Regulations issued under this section shall 
        include provisions--
                  (i) requiring observers on each vessel;
                  (ii) requiring use of the backdown procedure 
                or other procedures equally or more effective 
                in avoiding mortality of marine mammals in 
                fishing operations;
                  (iii) prohibiting intentional sets on stocks 
                and schools in accordance with the 
                International Dolphin Conservation Program;
                  (iv) requiring the use of special equipment, 
                including dolphin safety panels in nets, 
                monitoring devices as identified by the 
                International Dolphin Conservation Program to 
                detect unsafe fishing conditions that may cause 
                high incidental dolphin mortality before nets 
                are deployed by a tuna vessel, operable rafts, 
                speedboats with towing bridles, floodlights in 
                operable condition, and diving masks and 
                snorkels;
                  (v) ensuring that the backdown procedure 
                during sets of purse seine net on marine 
                mammals is completed and rolling of the net to 
                sack up has begun no later than 30 minutes 
                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 making of intentional 
                sets on dolphins after reaching either the 
                vessel maximum annual dolphin mortality limits, 
                total dolphin mortality limits, or per-stock 
                per-year mortality limits;
                  (ix) preventing the fishing on dolphins by a 
                vessel without an assigned vessel dolphin 
                mortality limit;
                  (x) allowing for the authorization and 
                conduct of experimental fishing operations, 
                under such terms and conditions as the 
                Secretary may prescribe, for the purpose of 
                testing proposed improvements in fishing 
                techniques and equipment that may reduce or 
                eliminate dolphin mortality or do not require 
                the encirclement of dolphins in the course of 
                commercial yellowfin tuna fishing; and
                  (xi) containing such other restrictions and 
                requirements as the Secretary determines are 
                necessary to implement the International 
                Dolphin Conservation Program with respect to 
                vessels of the United States.
          (C) Adjustments to requirements.--The Secretary may 
        make such adjustments as may be appropriate to 
        requirements of subparagraph (B) that pertain to 
        fishing gear, vessel equipment, and fishing practices 
        to the extent the adjustments are consistent with the 
        International Dolphin Conservation Program.
  (b) Consultation.--In developing any regulation under this 
section, the Secretary shall consult with the Secretary of 
State, the Marine Mammal Commission and the United States 
Commissioners to the Inter-American Tropical Tuna Commission 
appointed under section 3 of the Tuna Conventions Act of 1950 
(16 U.S.C. 952).
  (c) Emergency Regulations.--
          (1) If the Secretary determines, on the basis of the 
        best scientific information available (including 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--
                  (A) notify the Inter-American Tropical Tuna 
                Commission of his or her findings, along with 
                recommendations to the Commission as to actions 
                necessary to reduce incidental mortality and 
                serious injury and mitigate such adverse 
                impact; and
                  (B) prescribe emergency regulations to reduce 
                incidental mortality and serious injury and 
                mitigate such adverse impact.
          (2) Before taking action under subparagraph (A) or 
        (B) of paragraph (1), the Secretary shall consult with 
        the Secretary of State, the Marine Mammal Commission, 
        and the United States Commissioners to the Inter-
        American Tropical Tuna Commission.
          (3) Emergency regulations prescribed under this 
        subsection--
                  (A) shall be published in the Federal 
                Register, together with an explanation thereof;
                  (B) shall remain in effect for the duration 
                of the applicable fishing year; and
                  (C) may be terminated by the Secretary at an 
                earlier date by publication in the Federal 
                Register of a notice of termination if the 
                Secretary determines that the reasons for the 
                emergency action no longer exist.
          (4) If the Secretary finds that the incidental 
        mortality and serious injury of marine mammals in the 
        yellowfin tuna fishery in the eastern tropical Pacific 
        Ocean is continuing to have a significant adverse 
        impact on a stock or species, the Secretary may extend 
        the emergency regulations for such additional periods 
        as may be necessary.
  (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, 
including--
          (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 setting nets on dolphins 
        or other marine mammals;
          (3) carrying out stock assessments for those marine 
        mammal species and marine mammal stocks taken in the 
        purse seine fishery for yellowfin tuna in the eastern 
        tropical Pacific Ocean, including species or stocks not 
        within waters under the jurisdiction of the United 
        States;
          (4) studying the effect of chase and encirclement on 
        the health and biology of dolphin and dolphin 
        populations incidentally taken in the course of purse 
        seine fishing for yellowfin tuna in the eastern 
        tropical Pacific Ocean; and
          (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.
There are authorized to be appropriated to the Secretary 
$1,000,000 to be used by the Secretary, acting through the 
National Marine Fisheries Service, to carry out paragraph (4). 
Upon completion of the study required by that paragraph, the 
Secretary shall submit a report containing the results of the 
study and any recommendations the Secretary may have to offer 
on the basis of the study to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Commerce of the House of Representatives, and to the Inter-
American Tropical Tuna Commission. The Secretary shall include 
a description of the annual results of research carried out 
under this subsection in the report required under section 
303.''.

[Sec. 1413. Research programs

  [(a) In General.--An agreement entered into under section 302 
[16 U.S.C. 1412] 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) [16 U.S.C. 1415(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 [16 U.S.C. 1412] 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 [16 U.S.C. 1412] 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 [16 U.S.C. 1412] 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 [16 U.S.C. 1401] 
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. 1414. 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 [16 U.S.C. 1413];
          [(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 [16 U.S.C. 1412];
          [(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) [16 U.S.C. 1415(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 [16 U.S.C. 1413], 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 [16 
U.S.C. 1412] 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. 303. REPORTS BY THE SECRETARY.

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

[Sec. 1415. 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) [16 U.S.C. 
1371(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) [16 U.S.C. 1412(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) [16 U.S.C. 1414(a)].]

[Sec. 1416. Permits for taking dolphins

  [(a) Additional Restrictions under General Permit.--
Notwithstanding section 104(h) [16 U.S.C. 1374(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 [16 U.S.C. 1412] 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 [16 U.S.C. 1412] 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 [16 
U.S.C. 1412] 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 [16 
U.S.C. 1411 et seq.].
  [(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. 304. PERMITS.

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

Sec. 1417. 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) [16 U.S.C. 
                1412(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) 
                [16 U.S.C. 1416(a)]), notwithstanding any 
                agreement under section 302 [16 U.S.C. 1412] 
                with a country that is not a major purse seine 
                tuna fishing country (as that term is defined 
                in section 306(c) [16 U.S.C. 1416(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) [16 U.S.C. 1415(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 as provided for in subsection 101(d), for 
        any person or vessel subject to the jurisdiction of the 
        United States intentionally to set a purse seine net on 
        or to encircle any marine mammal in the course of tuna 
        fishing operations in the eastern tropical Pacific 
        Ocean except in accordance with this title and 
        regulations issued under pursuant to this title; and
          (3) for any person to import any yellowfin tuna or 
        yellowfin tuna product or any other fish or fish 
        product in violation of a ban on importation imposed 
        under section 101(a)(2);
          (4) for any person to violate any regulation 
        promulgated under this title;
          (5) for any person to refuse to permit any duly 
        authorized officer to board a vessel subject to that 
        person's control for purposes of conducting any search 
        or inspection in connection with the enforcement of 
        this title [16 U.S.C. 1411 et seq.]; and
          (6) for any person to assault, resist, oppose, 
        impede, intimidate, or interfere with any such 
        authorized officer in the conduct of any search or 
        inspection described in paragraph (5).
  (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) [16 U.S.C. 1375(a)].
          (2) Criminal penalty.--A person that knowingly and 
        willfully violates subsection (a)(5) or (a)(6) shall be 
        subject to a criminal penalty under section 105(b) [16 
        U.S.C. 1375(b)].
  (c) Civil Forfeitures.--Any vessel (including its fishing 
gear, appurtenances, stores, and cargo) used, and any fish (or 
its fair market value) taken or retained, in any manner, in 
connection with or as a result of the commission of any act 
prohibited by this section shall be subject to forfeiture to 
the United States in the manner provided in section 310 of the 
Magnuson Fishery Conservation and Management Act [16 U.S.C. 
1860].
  [(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 
        [16 U.S.C. 1822 note];
          [(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 [16 
        U.S.C. 1385(d)(2)];
          [(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. 1418. Authorization of appropriations

  There are authorized to be appropriated to the National 
Marine Fisheries Service for carrying out section [303 [16 
U.S.C. 1413],] 302(d),  $3,000,000 for each of the fiscal years 
1993, 1994, 1995, 1996, 1997, and 1998.

                                
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