[105th Congress Public Law 42]
[From the U.S. Government Printing Office]


<DOC>
[DOCID: f:publ42.105]


[[Page 1121]]

             INTERNATIONAL DOLPHIN CONSERVATION PROGRAM ACT

[[Page 111 STAT. 1122]]

Public Law 105-42
105th Congress

                                 An Act


 
    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. <<NOTE:  Aug. 15, 1997 -  [H.R. 
                                 408]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: International 
Dolphin Conservation Program Act.>> 

SECTION 1. SHORT TITLE; REFERENCES.

    (a) <<NOTE: Tuna. Exports and imports. 16 USC 1361 note.>>  Short 
Title.--This Act may be cited as the ``International Dolphin 
Conservation Program Act''.

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

SEC. 2. <<NOTE: 16 USC 1361 note.>>  PURPOSES AND FINDINGS.

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

    (b) Findings.--The Congress finds that--
            (1) the nations that fish for tuna in the eastern tropical 
        Pacific Ocean have achieved significant reductions in dolphin 
        mortality associated with the purse seine fishery from hundreds 
        of thousands annually to fewer than 5,000 annually;
            (2) the provisions of the Marine Mammal Protection Act of 
        1972 that impose a ban on imports from nations that fish for 
        tuna in the eastern tropical Pacific Ocean have served as an 
        incentive to reduce dolphin mortalities;
            (3) tuna canners and processors of the United States have 
        led the canning and processing industry in promoting a dolphin-
        safe tuna market; and

[[Page 111 STAT. 1123]]

            (4) 12 signatory nations to the Declaration of Panama, 
        including the United States, agreed under that Declaration to 
        require that the total annual dolphin mortality in the purse 
        seine fishery for yellowfin tuna in the eastern tropical Pacific 
        Ocean not exceed 5,000 animals, with the objective of 
        progressively reducing dolphin mortality to a level approaching 
        zero through the setting of annual limits and with the goal of 
        eliminating dolphin mortality.

SEC. 3. DEFINITIONS.

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

SEC. 4. AMENDMENTS TO TITLE I.

    (a) Exceptions to Moratorium.--Section 101(a)(2) (16 U.S.C. 
1371(a)(2)) is amended--
            (1) by inserting after the first sentence ``Such 
        authorizations may be granted under title III with respect to 
        purse seine fishing for yellowfin tuna in the eastern tropical 
        Pacific Ocean, subject to regulations prescribed under that 
        title by the Secretary without regard to section 103.''; and
            (2) by striking the semicolon in the second sentence and all 
        that follows through ``practicable''.

    (b) Documentation Required.--Section 101(a)(2) (16 U.S.C. 
1371(a)(2)) is further amended--
            (1) by striking subparagraph (B) and inserting the 
        following:
                    ``(B) in the case of yellowfin tuna harvested with 
                purse seine nets in the eastern tropical Pacific Ocean, 
                and products therefrom, to be exported to the United 
                States, shall require that the government of the 
                exporting nation provide documentary evidence that--
                          ``(i)(I) the tuna or products therefrom were 
                      not banned from importation under this paragraph 
                      before the effective date of section 4 of the 
                      International Dolphin Conservation Program Act; or
                          ``(II) the tuna or products therefrom were 
                      harvested after the effective date of section 4 of 
                      the International Dolphin Conservation Program Act 
                      by vessels of a nation which participates in the 
                      International Dolphin Conservation Program, and 
                      such harvesting nation is either a member of the 
                      Inter-American Tropical Tuna Commission or has 
                      initiated (and within 6 months thereafter 
                      completed) all steps required of applicant 
                      nations, in accordance with article V, paragraph 3 
                      of the Convention establishing the Inter-American 
                      Tropical Tuna Commission, to become a member of 
                      that organization;
                          ``(ii) such nation is meeting the obligations 
                      of the International Dolphin Conservation Program 
                      and the

[[Page 111 STAT. 1124]]

                      obligations of membership in the Inter-American 
                      Tropical Tuna Commission, including all financial 
                      obligations; and
                          ``(iii) the total dolphin mortality limits, 
                      and per-stock per-year dolphin mortality limits 
                      permitted for that nation's vessels under the 
                      International Dolphin Conservation Program do not 
                      exceed the limits determined for 1997, or for any 
                      year thereafter, consistent with the objective of 
                      progressively reducing dolphin mortality to a 
                      level approaching zero through the 
                      setting of annual limits and the goal of 
                      eliminating dolphin mortality, and requirements of 
                      the International Dolphin Conservation Program;'';
            (2) by redesignating subparagraphs (C), (D), and (E) as 
        subparagraphs (D), (E), and (F), respectively;
            (3) by inserting after subparagraph (B) the following:
                    ``(C) shall not accept such documentary evidence 
                if--
                          ``(i) the government of the harvesting nation 
                      does not provide directly or authorize the Inter-
                      American Tropical Tuna Commission to release 
                      complete and accurate information to the Secretary 
                      in a timely 
                      manner--
                                    ``(I) to allow determination of 
                                compliance with the International 
                                Dolphin Conservation Program; and
                                    ``(II) for the purposes of tracking 
                                and verifying compliance with the 
                                minimum requirements established by the 
                                Secretary in regulations promulgated 
                                under subsection (f) of the Dolphin 
                                Protection Consumer Information Act (16 
                                U.S.C. 1385(f)); or
                          ``(ii) after taking into consideration such 
                      information, findings of the Inter-American 
                      Tropical Tuna Commission, and any other relevant 
                      information, including information that a nation 
                      is consistently failing to take enforcement 
                      actions on violations which diminish the 
                      effectiveness of the International Dolphin 
                      Conservation Program, the Secretary, in 
                      consultation with the Secretary of State, finds 
                      that the harvesting nation is not in compliance 
                      with the International Dolphin Conservation 
                      Program.''; and
            (4) by striking ``subparagraph (E)'' in the matter after 
        subparagraph (F), as redesignated by paragraph (2) of this 
        subsection, and inserting ``subparagraph (F)''.

    (c) Certain Incidental Takings.--Section 101 (16 U.S.C. 1371) is 
further amended by adding at the end the following new subsection:
    ``(e) Act Not to Apply to Incidental Takings by United States 
Citizens Employed on Foreign Vessels Outside the United States EEZ.--The 
provisions of this Act shall not apply to a citizen of the United States 
who incidentally takes any marine mammal during fishing operations 
outside the United States exclusive economic zone (as defined in section 
3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 
U.S.C. 1802)) when employed on a foreign fishing vessel of a harvesting 
nation which is in compliance with the International Dolphin 
Conservation Program.''.

[[Page 111 STAT. 1125]]

    (d) Permits.--Section 104(h) (16 U.S.C. 1374(h)) is amended to read 
as follows:
    ``(h) <<NOTE: Regulations.>>  General Permits.--
            ``(1) Consistent with the regulations prescribed pursuant to 
        section 103 of this title and to the requirements of section 101 
        of this title, the Secretary may issue an annual permit to a 
        United States purse seine fishing vessel for the taking of such 
        marine mammals, and shall issue regulations to cover the use of 
        any such annual permits.
            ``(2) Such annual permits for the incidental taking of 
        marine mammals in the course of commercial purse seine fishing 
        for yellowfin tuna in the eastern tropical Pacific Ocean shall 
        be governed by section 306 of this Act, subject to the 
        regulations issued pursuant to section 303 of this Act.''.

    (e) International Negotiations.--Section 108(a)(2) (16 U.S.C. 
1378(a)(2)) is amended--
            (1) by striking ``and'' at the end of subparagraph (A);
            (2) by inserting after subparagraph (B) the following:
                    ``(C) negotiations to revise the Convention for the 
                Establishment of an Inter-American Tropical Tuna 
                Commission (1 U.S.T. 230; TIAS 2044) which will 
                incorporate--
                          ``(i) the conservation and management 
                      provisions agreed to by the nations which have 
                      signed the Declaration of Panama and in the 
                      Straddling Fish Stocks and Highly Migratory Fish 
                      Stocks Agreement, as opened for signature on 
                      December 4, 1995; and
                          ``(ii) a revised schedule of annual 
                      contributions to the expenses of the Inter-
                      American Tropical Tuna Commission that is 
                      equitable to participating nations; and
                    ``(D) discussions with those countries 
                participating, or likely to participate, in the 
                International Dolphin Conservation Program, for the 
                purpose of identifying sources of funds needed for 
                research and other measures promoting effective 
                protection of dolphins, other marine species, and the 
                marine ecosystem;''.

    (f) Research Grants.--Section 110(a) (16 U.S.C. 1380(a)) is 
amended--
            (1) by striking ``(1)'' in paragraph (1); and
            (2) by striking paragraph (2).

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

    (a) Labeling Standard.--Subsection (d) of the Dolphin Protection 
Consumer Information Act (16 U.S.C. 1385(d)) is amended to read as 
follows:
    ``(d) Labeling Standard.--
            ``(1) It is a violation of section 5 of the Federal Trade 
        Commission Act (15 U.S.C. 45) for any producer, importer, 
        exporter, distributor, or seller of any tuna product that is 
        exported from or offered for sale in the United States to 
        include on the label of that product the term `dolphin safe' or 
        any other term or symbol that falsely claims or suggests that 
        the tuna contained in the product were harvested using a method 
        of fishing that is not harmful to dolphins if the product 
        contains tuna harvested--

[[Page 111 STAT. 1126]]

                    ``(A) on the high seas by a vessel engaged in 
                driftnet fishing;
                    ``(B) outside the eastern tropical Pacific Ocean by 
                a vessel using purse seine nets--
                          ``(i) in a fishery in which the Secretary has 
                      determined that a regular and significant 
                      association occurs between dolphins and tuna 
                      (similar to the association between dolphins and 
                      tuna in the eastern tropical Pacific Ocean), 
                      unless such product is accompanied by a written 
                      statement, executed by the captain of the vessel 
                      and an observer participating in a national or 
                      international program acceptable to the Secretary, 
                      certifying that no purse seine net was 
                      intentionally deployed on or used to encircle 
                      dolphins during the particular voyage on which the 
                      tuna were caught and no dolphins were killed or 
                      seriously injured in the sets in which the tuna 
                      were caught; or
                          ``(ii) in any other fishery (other than a 
                      fishery described in subparagraph (D)) unless the 
                      product is accompanied by a written statement 
                      executed by the captain of the vessel certifying 
                      that no purse seine net was intentionally deployed 
                      on or used to encircle dolphins during the 
                      particular voyage on which the tuna was harvested;
                    ``(C) in the eastern tropical Pacific Ocean by a 
                vessel using a purse seine net unless the tuna meet the 
                requirements for being considered dolphin safe under 
                paragraph (2); or
                    ``(D) by a vessel in a fishery other than one 
                described in subparagraph (A), (B), or (C) that is 
                identified by the Secretary as having a regular and 
                significant mortality or serious injury of dolphins, 
                unless such product is accompanied by a written 
                statement executed by the captain of the vessel and an 
                observer participating in a national or international 
                program acceptable to the Secretary that no dolphins 
                were killed or seriously injured in the sets or other 
                gear deployments in which the tuna were caught, provided 
                that the Secretary determines that such an observer 
                statement is necessary.
            ``(2) For purposes of paragraph (1)(C), a tuna product that 
        contains tuna harvested in the eastern tropical Pacific Ocean by 
        a vessel using purse seine nets is dolphin safe if--
                    ``(A) the vessel is of a type and size that the 
                Secretary has determined, consistent with the 
                International Dolphin Conservation Program, is not 
                capable of deploying its purse seine nets on or to 
                encircle dolphins; or
                    ``(B)(i) the product is accompanied by a written 
                statement executed by the captain providing the 
                certification required under subsection (h);
                    ``(ii) the product is accompanied by a written 
                statement executed by--
                          ``(I) the Secretary or the Secretary's 
                      designee;
                          ``(II) a representative of the Inter-American 
                      Tropical Tuna Commission; or

[[Page 111 STAT. 1127]]

                          ``(III) an authorized representative of a 
                      participating nation whose national program meets 
                      the requirements of the International Dolphin 
                      Conservation 
                      Program,
                which states that there was an observer approved by the 
                International Dolphin Conservation Program on board the 
                vessel during the entire trip and that such observer 
                provided the certification required under subsection 
                (h); and
                    ``(iii) the statements referred to in clauses (i) 
                and (ii) are endorsed in writing by each exporter, 
                importer, and processor of the product; and
                    ``(C) the written statements and endorsements 
                referred to in subparagraph (B) comply with regulations 
                promulgated by the Secretary which provide for the 
                verification of tuna products as dolphin safe.
            ``(3)(A) The Secretary of Commerce shall develop an official 
        mark that may be used to label tuna products as dolphin safe in 
        accordance with this Act.
            ``(B) A tuna product that bears the dolphin safe mark 
        developed under subparagraph (A) shall not bear any other label 
        or mark that refers to dolphins, porpoises, or marine mammals.
            ``(C) It is a violation of section 5 of the Federal Trade 
        Commission Act (15 U.S.C. 45) to label a tuna product with any 
        label or mark that refers to dolphins, porpoises, or marine 
        mammals other than the mark developed under subparagraph (A) 
        unless--
                    ``(i) no dolphins were killed or seriously injured 
                in the sets or other gear deployments in which the tuna 
                were caught;
                    ``(ii) the label is supported by a tracking and 
                verification program which is comparable in 
                effectiveness to the program established under 
                subsection (f); and
                    ``(iii) the label complies with all applicable 
                labeling, marketing, and advertising laws and 
                regulations of the Federal Trade Commission, including 
                any guidelines for environmental labeling.
            ``(D) <<NOTE: Reports.>>  If the Secretary determines that 
        the use of a label referred to in subparagraph (C) is 
        substantially undermining the conservation goals of the 
        International Dolphin Conservation Program, the Secretary shall 
        report that determination to the United States Senate Committee 
        on Commerce, Science, and Transportation and the United States 
        House of Representatives Committees on Resources and on 
        Commerce, along with recommendations to correct such problems.
            ``(E) It is a violation of section 5 of the Federal Trade 
        Commission Act (15 U.S.C. 45) willingly and knowingly to use a 
        label referred to in subparagraph (C) in a campaign or effort to 
        mislead or deceive consumers about the level of protection 
        afforded dolphins under the International Dolphin Conservation 
        Program.''.

    (b) Tracking Regulations.--Subsection (f) of the Dolphin Protection 
Consumer Information Act (16 U.S.C. 1385(f)) is amended to read as 
follows:
    ``(f) Regulations.--The Secretary, in consultation with the 
Secretary of the Treasury, shall issue regulations to implement this 
Act, including regulations to establish a domestic tracking and

[[Page 111 STAT. 1128]]

verification program that provides for the effective tracking of tuna 
labeled under subsection (d). <<NOTE: Confidentiality.>>  In the 
development of these regulations, the Secretary shall establish 
appropriate procedures for ensuring the confidentiality of proprietary 
information the submission of which is voluntary or mandatory. The 
regulations shall address each of the following items:
            ``(1) The use of weight calculation for purposes of tracking 
        tuna caught, landed, processed, and exported.
            ``(2) Additional measures to enhance current observer 
        coverage, including the establishment of criteria for training, 
        and for improving monitoring and reporting capabilities and 
        procedures.
            ``(3) The designation of well location, procedures for 
        sealing holds, procedures for monitoring and certifying both 
        above and below deck, or through equally effective methods, the 
        tracking and verification of tuna labeled under subsection (d).
            ``(4) The reporting, receipt, and database storage of radio 
        and facsimile transmittals from fishing vessels containing 
        information related to the tracking and verification of tuna, 
        and the definition of set.
            ``(5) The shore-based verification and tracking throughout 
        the fishing, transshipment, and canning process by means of 
        Inter-American Tropical Tuna Commission trip records or 
        otherwise.
            ``(6) The use of periodic audits and spot checks for caught, 
        landed, and processed tuna products labeled in accordance with 
        subsection (d).
            ``(7) The provision of timely access to data required under 
        this subsection by the Secretary from harvesting nations to 
        undertake the actions required in paragraph (6) of this 
        paragraph.

The Secretary may make such adjustments as may be appropriate to the 
regulations promulgated under this subsection to implement an 
international tracking and verification program that meets or exceeds 
the minimum requirements established by the Secretary under this 
subsection.''.
    (c) Findings Concerning Impact on Depleted Stocks.--The Dolphin 
Protection Consumer Information Act (16 U.S.C. 1385) is amended by 
striking subsections (g), (h), and (i) and inserting the following:
    ``(g) Secretarial Findings.--(1) Between March 1, 1999, and March 
31, 1999, the Secretary shall, on the basis of the research conducted 
before March 1, 1999, under section 304(a) of the Marine Mammal 
Protection Act of 1972, information obtained under the International 
Dolphin Conservation Program, and any other relevant information, make 
an initial finding regarding whether the intentional deployment on or 
encirclement of dolphins with purse seine nets is having a significant 
adverse impact on any depleted dolphin stock in the eastern tropical 
Pacific Ocean. <<NOTE: Federal Register, publication.>> The initial 
finding shall be published immediately in the Federal Register and shall 
become effective upon a subsequent date determined by the Secretary.

    ``(2) Between July 1, 2001, and December 31, 2002, the 
Secretary shall, on the basis of the completed study conducted under 
section 304(a) of the Marine Mammal Protection Act of 1972, information 
obtained under the International Dolphin Conservation Program, and any 
other relevant information, make a finding

[[Page 111 STAT. 1129]]

regarding whether the intentional deployment on or encirclement of 
dolphins with purse seine nets is having a significant adverse impact on 
any depleted dolphin stock in the eastern tropical Pacific 
Ocean. <<NOTE: Federal Register, Publication.>>  The finding shall be 
published immediately in the Federal Register and shall become effective 
upon a subsequent date determined by the Secretary.

    ``(h) Certification by Captain and Observer.--
            ``(1) Unless otherwise required by paragraph (2), the 
        certification by the captain under subsection (d)(2)(B)(i) and 
        the certification provided by the observer as specified in 
        subsection (d)(2)(B)(ii) shall be that no dolphins were killed 
        or seriously injured during the sets in which the tuna were 
        caught.
            ``(2) The certification by the captain under subsection 
        (d)(2)(B)(i) and the certification provided by the observer as 
        specified under subsection (d)(2)(B)(ii) shall be that no tuna 
        were caught on the trip in which such tuna were harvested using 
        a purse seine net intentionally deployed on or to encircle 
        dolphins, and that no dolphins were killed or seriously injured 
        during the sets in which the tuna were caught, if the tuna were 
        caught on a trip commencing--
                    ``(A) before the effective date of the initial 
                finding by the Secretary under subsection (g)(1);
                    ``(B) after the effective date of such initial 
                finding and before the effective date of the finding of 
                the Secretary under subsection (g)(2), where the initial 
                finding is that the intentional deployment on or 
                encirclement of dolphins is having a significant adverse 
                impact on any depleted dolphin stock; or
                    ``(C) after the effective date of the finding under 
                subsection (g)(2), where such finding is that the 
                intentional deployment on or encirclement of dolphins is 
                having a significant adverse impact on any such depleted 
                stock.''.

SEC. 6. AMENDMENTS TO TITLE III.

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

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

    (b) Additional Findings.--Section 301 (16 U.S.C. 1411) is amended--
            (1) by striking paragraph (4) of subsection (a) and 
        inserting the following:
            ``(4) Nations harvesting yellowfin tuna in the eastern 
        tropical Pacific Ocean have demonstrated their willingness to 
        participate in appropriate multilateral agreements to reduce 
        dolphin mortality progressively to a level approaching zero 
        through the setting of annual limits, with the goal of 
        eliminating dolphin mortality in that fishery. Recognition of 
        the International Dolphin Conservation Program will assure that 
        the existing trend of reduced dolphin mortality continues; that 
        individual stocks of dolphins are adequately protected; and that 
        the goal of eliminating all dolphin mortality continues to be a 
        priority.''; and
            (2) by striking paragraphs (2) and (3) of subsection (b) and 
        inserting the following:

[[Page 111 STAT. 1130]]

            ``(2) support the International Dolphin Conservation Program 
        and efforts within the Program to reduce, with the goal of 
        eliminating, the mortality referred to in paragraph (1);
            ``(3) ensure that the market of the United States does not 
        act as an incentive to the harvest of tuna caught with driftnets 
        or caught by purse seine vessels in the eastern tropical Pacific 
        Ocean not operating in compliance with the International Dolphin 
        Conservation Program;''.

    (c) Title III (16 U.S.C. 1411 et seq.) is amended by striking 
sections 302 through 306 (16 U.S.C. 1412 through 1416) and inserting the 
following:

``SEC. 302. <<NOTE: 16 USC 1412.>>  INTERNATIONAL DOLPHIN CONSERVATION 
            PROGRAM.

    ``The Secretary of State, in consultation with the Secretary, shall 
seek to secure a binding international agreement to establish an 
International Dolphin Conservation Program that requires--
            ``(1) that the total annual dolphin mortality in the purse 
        seine fishery for yellowfin tuna in the eastern tropical Pacific 
        Ocean shall not exceed 5,000 animals with a commitment and 
        objective to progressively reduce dolphin mortality to a level 
        approaching zero through the setting of annual limits;
            ``(2) the establishment of a per-stock per-year dolphin 
        mortality limit, to be in effect through calendar year 2000, at 
        a level between 0.2 percent and 0.1 percent of the minimum 
        population estimate, as calculated, revised, or approved by the 
        Secretary;
            ``(3) the establishment of a per-stock per-year dolphin 
        mortality limit, beginning with the calendar year 2001, at a 
        level less than or equal to 0.1 percent of the minimum 
        population estimate as calculated, revised, or approved by the 
        Secretary;
            ``(4) that if a dolphin mortality limit is exceeded under--
                    ``(A) paragraph (1), all sets on dolphins shall 
                cease for the applicable fishing year; and
                    ``(B) paragraph (2) or (3), all sets on the stocks 
                covered under paragraph (2) or (3) and any mixed schools 
                that contain any of those stocks shall cease for the 
                applicable fishing year;
            ``(5) a scientific review and assessment to be conducted in 
        calendar year 1998 to--
                    ``(A) assess progress in meeting the objectives set 
                for calendar year 2000 under paragraph (2); and
                    ``(B) as appropriate, consider recommendations for 
                meeting these objectives;
            ``(6) a scientific review and assessment to be conducted in 
        calendar year 2000--
                    ``(A) to review the stocks covered under paragraph 
                (3); and
                    ``(B) as appropriate to consider recommendations to 
                further the objectives set under that paragraph;
            ``(7) the establishment of a per vessel maximum annual 
        dolphin mortality limit consistent with the established per-year 
        mortality limits, as determined under paragraphs (1) through 
        (3); and
            ``(8) the provision of a system of incentives to vessel 
        captains to continue to reduce dolphin mortality, with the goal 
        of eliminating dolphin mortality.

[[Page 111 STAT. 1131]]

``SEC. 303. <<NOTE: 16 USC 1413.>>  REGULATORY AUTHORITY OF THE 
            SECRETARY.

    ``(a) Regulations.--
            ``(1) The Secretary shall issue regulations, and revise 
        those regulations as may be appropriate, to implement the 
        International Dolphin Conservation Program.
            ``(2)(A) The Secretary shall issue regulations to authorize 
        and govern the taking of marine mammals in the eastern tropical 
        Pacific Ocean, including any species of marine mammal designated 
        as depleted under this Act but not listed as endangered or 
        threatened under the Endangered Species Act (16 U.S.C. 1531 et 
        seq.), by vessels of the United States participating in the 
        International Dolphin Conservation Program.
            ``(B) Regulations issued under this section shall include 
        provisions--
                    ``(i) requiring observers on each vessel;
                    ``(ii) requiring use of the backdown procedure or 
                other procedures equally or more effective in avoiding 
                mortality of, or serious injury to, marine mammals in 
                fishing operations;
                    ``(iii) prohibiting intentional sets on stocks and 
                schools in accordance with the International Dolphin 
                Conservation Program;
                    ``(iv) requiring the use of special equipment, 
                including dolphin safety panels in nets, monitoring 
                devices as identified by the International Dolphin 
                Conservation Program to detect unsafe fishing conditions 
                that may cause high incidental dolphin mortality before 
                nets are deployed by a tuna vessel, operable rafts, 
                speedboats with towing bridles, floodlights in operable 
                condition, and diving masks and snorkels;
                    ``(v) ensuring that the backdown procedure during 
                sets of purse seine net on marine mammals is completed 
                and rolling of the net to sack up has begun no later 
                than 30 minutes before sundown;
                    ``(vi) banning the use of explosive devices in all 
                purse seine operations;
                    ``(vii) establishing per vessel maximum annual 
                dolphin mortality limits, total dolphin mortality limits 
                and 
                per-stock per-year mortality limits in accordance with 
                the International Dolphin Conservation Program;
                    ``(viii) preventing the making of intentional sets 
                on dolphins after reaching either the vessel maximum 
                annual dolphin mortality limits, total dolphin mortality 
                limits, or per-stock per-year mortality limits;
                    ``(ix) preventing the fishing on dolphins by a 
                vessel without an assigned vessel dolphin mortality 
                limit;
                    ``(x) allowing for the authorization and conduct of 
                experimental fishing operations, under such terms and 
                conditions as the Secretary may prescribe, for the 
                purpose of testing proposed improvements in fishing 
                techniques and equipment that may reduce or eliminate 
                dolphin mortality or serious injury do not require the 
                encirclement of dolphins in the course of commercial 
                yellowfin tuna fishing;
                    ``(xi) authorizing fishing within the area covered 
                by the International Dolphin Conservation Program by 
                vessels of the United States without the use of special 
                equipment

[[Page 111 STAT. 1132]]

                or nets if the vessel takes an observer and does not 
                intentionally deploy nets on, or encircle, dolphins, 
                under such terms and conditions as the Secretary may 
                prescribe; and
                    ``(xii) containing such other restrictions and 
                requirements as the Secretary determines are necessary 
                to 
                implement the International Dolphin Conservation Program 
                with respect to vessels of the United States.
            ``(C) Adjustments to requirements.--The Secretary may make 
        such adjustments as may be appropriate to requirements of 
        subparagraph (B) that pertain to fishing gear, vessel equipment, 
        and fishing practices to the extent the adjustments are 
        consistent with the International Dolphin Conservation Program.

    ``(b) Consultation.--In developing any regulation under this 
section, the Secretary shall consult with the Secretary of State, the 
Marine Mammal Commission, and the United States Commissioners to the 
Inter-American Tropical Tuna Commission appointed under section 3 of the 
Tuna Conventions Act of 1950 (16 U.S.C. 952).
    ``(c) Emergency Regulations.--
            ``(1) If the Secretary determines, on the basis of the best 
        scientific information available (including research conducted 
        under section 304 and information obtained under the 
        International Dolphin Conservation Program) that the incidental 
        mortality and serious injury of marine mammals authorized under 
        this title is having, or is likely to have, a significant 
        adverse impact on a marine mammal stock or species, the 
        Secretary shall--
                    ``(A) notify the Inter-American Tropical Tuna 
                Commission of his or her determination, along with 
                recommendations to the Commission as to actions 
                necessary to reduce incidental mortality and serious 
                injury and mitigate such adverse impact; and
                    ``(B) prescribe emergency regulations to reduce 
                incidental mortality and serious injury and mitigate 
                such adverse impact.
            ``(2) Before taking action under subparagraph (A) or (B) of 
        paragraph (1), the Secretary shall consult with the Secretary of 
        State, the Marine Mammal Commission, and the United States 
        Commissioners to the Inter-American Tropical Tuna Commission.
            ``(3) Emergency regulations prescribed under this 
        subsection--
                    ``(A) <<NOTE: Federal Register, Publication.>> 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.

[[Page 111 STAT. 1133]]

            ``(5) <<NOTE: Notification.>>  Within 120 days after the 
        Secretary notifies the United States Commissioners to the Inter-
        American Tropical Tuna Commission of the Secretary's 
        determination under paragraph (1)(A), the United States 
        Commissioners shall call for a special meeting of the Commission 
        to address the actions necessary to reduce incidental mortality 
        and serious injury and mitigate the adverse impact which 
        resulted in the determination. <<NOTE: Reports.>> The 
        Commissioners shall report the results of the special meeting in 
        writing to the Secretary and to the Secretary of State. In their 
        report, the Commissioners shall--
                    ``(A) include a description of the actions taken by 
                the harvesting nations or under the International 
                Dolphin Conservation Program to reduce the incidental 
                mortality and serious injury and measures to mitigate 
                the adverse impact on the marine mammal species or 
                stock;
                    ``(B) indicate whether, in their judgment, the 
                actions taken address the problem adequately; and
                    ``(C) if they indicate that the actions taken do not 
                address the problem adequately, include recommendations 
                of such additional action to be taken as may be 
                necessary.

``SEC. 304. <<NOTE: 16 USC 1414a.>>  RESEARCH.

    ``(a) Required Research.--
            ``(1) In general.--The Secretary shall, in consultation with 
        the Marine Mammal Commission and the Inter-American Tropical 
        Tuna Commission, conduct a study of the effect of intentional 
        encirclement (including chase) on dolphins and dolphin stocks 
        incidentally taken in the course of purse seine fishing for 
        yellowfin tuna in the eastern tropical Pacific Ocean. The study, 
        which shall commence on October 1, 1997, shall consist of 
        abundance surveys as described in paragraph (2) and stress 
        studies as described in paragraph (3), and shall address the 
        question of whether such encirclement is having a significant 
        adverse impact on any depleted dolphin stock in the eastern 
        tropical Pacific Ocean.
            ``(2) Population abundance surveys.--The abundance surveys 
        under this subsection shall survey the abundance of such 
        depleted stocks and shall be conducted during each of the 
        calendar years 1998, 1999, and 2000.
            ``(3) Stress studies.--The stress studies under this 
        subsection shall include--
                    ``(A) a review of relevant stress-related research 
                and a 3-year series of necropsy samples from dolphins 
                obtained by commercial vessels;
                    ``(B) a 1-year review of relevant historical 
                demographic and biological data related to dolphins and 
                dolphin stocks referred to in paragraph (1); and
                    ``(C) an experiment involving the repeated chasing 
                and capturing of dolphins by means of intentional 
                encirclement.
            ``(4) Report.--No later than 90 days after publishing the 
        finding under subsection (g)(2) of the Dolphin Protection 
        Consumer Information Act, the Secretary shall complete and 
        submit a report containing the results of the research described 
        in this subsection to the United States Senate Committee on 
        Commerce, Science, and Transportation and the United States 
        House of Representatives Committees on Resources and on

[[Page 111 STAT. 1134]]

        Commerce, and to the Inter-American Tropical Tuna Commission.

    ``(b) Other Research.--
            ``(1) In general.--In addition to conducting the research 
        described in subsection (a), the Secretary shall, in 
        consultation with the Marine Mammal Commission and in 
        cooperation with the nations participating in the International 
        Dolphin 
        Conservation Program and the Inter-American Tropical Tuna 
        Commission, undertake or support appropriate scientific research 
        to further the goals of the International Dolphin Conservation 
        Program.
            ``(2) Specific areas of research.--Research carried out 
        under paragraph (1) may include--
                    ``(A) projects to devise cost-effective fishing 
                methods and gear so as to reduce, with the goal of 
                eliminating, the incidental mortality and serious injury 
                of marine mammals in connection with commercial purse 
                seine fishing in the eastern tropical Pacific Ocean;
                    ``(B) projects to develop cost-effective methods of 
                fishing for mature yellowfin tuna without setting nets 
                on dolphins or other marine mammals;
                    ``(C) projects to carry out stock assessments for 
                those marine mammal species and marine mammal stocks 
                taken in the purse seine fishery for yellowfin tuna in 
                the eastern tropical Pacific Ocean, including species or 
                stocks not within waters under the jurisdiction of the 
                United States; and
                    ``(D) projects to determine the extent to which the 
                incidental take of nontarget species, including juvenile 
                tuna, occurs in the course of purse seine fishing for 
                yellowfin tuna in the eastern tropical Pacific Ocean, 
                the geographic location of the incidental take, and the 
                impact of that incidental take on tuna stocks and 
                nontarget species.

    ``(c) Authorization of Appropriations.--
            ``(1) There are authorized to be appropriated to the 
        Secretary the following amounts, to be used by the Secretary to 
        carry out the research described in subsection (a):
                    ``(A) $4,000,000 for fiscal year 1998.
                    ``(B) $3,000,000 for fiscal year 1999.
                    ``(C) $4,000,000 for fiscal year 2000.
                    ``(D) $1,000,000 for fiscal year 2001.
            ``(2) In addition to the amount authorized to be 
        appropriated under paragraph (1), there are authorized to be 
        appropriated to the Secretary for carrying out this section 
        $3,000,000 for each of the fiscal years 1998, 1999, 2000, and 
        2001.

``SEC. 305. <<NOTE: 16 USC 1415.>>  REPORTS BY THE SECRETARY.

    ``Notwithstanding section 103(f), the Secretary shall submit annual 
reports to the Congress which include--
            ``(1) results of research conducted pursuant to section 304;
            ``(2) a description of the status and trends of stocks of 
        tuna;
            ``(3) a description of the efforts to assess, avoid, reduce, 
        and minimize the bycatch of juvenile yellowfin tuna and bycatch 
        of nontarget species;

[[Page 111 STAT. 1135]]

            ``(4) a description of the activities of the International 
        Dolphin Conservation Program and of the efforts of the United 
        States in support of the Program's goals and objectives, 
        including the protection of dolphin stocks in the eastern 
        tropical Pacific Ocean, and an assessment of the effectiveness 
        of the Program;
            ``(5) actions taken by the Secretary under section 
        101(a)(2)(B) and section 101(d);
            ``(6) copies of any relevant resolutions and decisions of 
        the Inter-American Tropical Tuna Commission, and any regulations 
        promulgated by the Secretary under this title; and
            ``(7) any other information deemed relevant by the 
        Secretary.

``SEC. 306. <<NOTE: 16 USC 1416.>>  PERMITS.

    ``(a) In General.--
            ``(1) Consistent with the regulations issued pursuant to 
        section 303, the Secretary shall issue a permit to a vessel of 
        the United States authorizing participation in the International 
        Dolphin Conservation Program and may require a permit for the 
        person actually in charge of and controlling the fishing 
        operation of the vessel. The Secretary shall prescribe such 
        procedures as are necessary to carry out this subsection, 
        including requiring the submission of--
                    ``(A) the name and official number or other 
                identification of each fishing vessel for which a permit 
                is sought, together with the name and address of the 
                owner thereof; and
                    ``(B) the tonnage, hold capacity, speed, processing 
                equipment, and type and quantity of gear, including an 
                inventory of special equipment required under section 
                303, with respect to each vessel.
            ``(2) The Secretary is authorized to charge a fee for 
        granting an authorization and issuing a permit under this 
        section. The level of fees charged under this paragraph may not 
        exceed the administrative cost incurred in granting an 
        authorization and issuing a permit. Fees collected under this 
        paragraph shall be available to the Under Secretary of Commerce 
        for Oceans and Atmosphere for expenses incurred in granting 
        authorizations and issuing permits under this section.
            ``(3) After the effective date of the International Dolphin 
        Conservation Program Act, no vessel of the United States shall 
        operate in the yellowfin tuna fishery in the eastern tropical 
        Pacific Ocean without a valid permit issued under this section.

    ``(b) Permit Sanctions.--
            ``(1) In any case in which--
                    ``(A) a vessel for which a permit has been issued 
                under this section has been used in the commission of an 
                act prohibited under section 307;
                    ``(B) the owner or operator of any such vessel or 
                any other person who has applied for or been issued a 
                permit under this section has acted in violation of 
                section 307; or
                    ``(C) any civil penalty or criminal fine imposed on 
                a vessel, owner or operator of a vessel, or other person 
                who has applied for or been issued a permit under this 
                section has not been paid or is overdue,

[[Page 111 STAT. 1136]]

        the Secretary may--
                          ``(i) revoke any permit with respect to such 
                      vessel, with or without prejudice to the issuance 
                      of subsequent permits;
                          ``(ii) suspend such permit for a period of 
                      time considered by the Secretary to be 
                      appropriate;
                          ``(iii) deny such permit; or
                          ``(iv) impose additional conditions or 
                      restrictions on any permit issued to, or applied 
                      for by, any such vessel or person under this 
                      section.
            ``(2) In imposing a sanction under this subsection, the 
        Secretary shall take into account--
                    ``(A) the nature, circumstances, extent, and gravity 
                of the prohibited acts for which the sanction is 
                imposed; and
                    ``(B) with respect to the violator, the degree of 
                culpability, any history of prior offenses, and other 
                such matters as justice requires.
            ``(3) Transfer of ownership of a vessel, by sale or 
        otherwise, shall not extinguish any permit sanction that is in 
        effect or is pending at the time of transfer of ownership. 
        Before executing the transfer of ownership of a vessel, by sale 
        or otherwise, the owner shall disclose in writing to the 
        prospective transferee the existence of any permit sanction that 
        will be in effect or pending with respect to the vessel at the 
        time of transfer.
            ``(4) In the case of any permit that is suspended for the 
        failure to pay a civil penalty or criminal fine, the Secretary 
        shall reinstate the permit upon payment of the penalty or fine 
        and interest thereon at the prevailing rate.
            ``(5) No sanctions shall be imposed under this section 
        unless there has been a prior opportunity for a hearing on the 
        facts underlying the violation for which the sanction is 
        imposed, either in conjunction with a civil penalty proceeding 
        under this title or otherwise.''.

    (d) Section 307 (16 U.S.C. 1417) is amended--
            (1) by striking paragraphs (1), (2), and (3) of subsection 
        (a) and inserting the following:
            ``(1) for any person to sell, purchase, offer for sale, 
        transport, or ship, in the United States, any tuna or tuna 
        product unless the tuna or tuna product is either dolphin safe 
        or has been harvested in compliance with the International 
        Dolphin Conservation Program by a country that is a member of 
        the Inter-American Tropical Tuna Commission or has initiated and 
        within 6 months thereafter completed all steps required of 
        applicant nations in accordance with Article V, paragraph 3 of 
        the Convention establishing the Inter-American Tropical Tuna 
        Commission, to become a member of that organization;
            ``(2) except as provided for in subsection 101(d), for any 
        person or vessel subject to the jurisdiction of the United 
        States intentionally to set a purse seine net on or to encircle 
        any marine mammal in the course of tuna fishing operations in 
        the eastern tropical Pacific Ocean except in accordance with 
        this title and regulations issued pursuant to this title; and
            ``(3) for any person to import any yellowfin tuna or 
        yellowfin tuna product or any other fish or fish product in 
        violation of a ban on importation imposed under section 
        101(a)(2);'';
            (2) by inserting ``(a)(5) or'' before ``(a)(6)'' in 
        subsection (b)(2); and

[[Page 111 STAT. 1137]]

            (3) by striking subsection (d).

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

         ``TITLE III--INTERNATIONAL DOLPHIN CONSERVATION PROGRAM

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

SEC. 7. AMENDMENTS TO THE TUNA CONVENTIONS ACT.

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

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

    ``(a) Appointments; Public Participation; Compensation.--The 
Secretary, in consultation with the United States Commissioners, shall--
            ``(1) appoint a General Advisory Committee which shall be 
        composed of not less than 5 nor more than 15 persons with 
        balanced representation from the various groups participating in 
        the fisheries included under the conventions, and from 
        nongovernmental conservation organizations;
            ``(2) appoint a Scientific Advisory Subcommittee which shall 
        be composed of not less than 5 nor more than 15 qualified 
        scientists with balanced representation from the public and 
        private sectors, including nongovernmental conservation 
        organizations;
            ``(3) establish procedures to provide for appropriate public 
        participation and public meetings and to provide for the 
        confidentiality of confidential business data; and
            ``(4) fix the terms of office of the members of the General 
        Advisory Committee and Scientific Advisory Subcommittee, who 
        shall receive no compensation for their services as such 
        members.

    ``(b) Functions.--
            ``(1) General advisory committee.--The General Advisory 
        Committee shall be invited to have representatives attend all 
        nonexecutive meetings of the United States sections and shall be 
        given full opportunity to examine and to be heard on all 
        proposed programs of investigations, reports, recommendations, 
        and regulations of the Commission. The General Advisory 
        Committee may attend all meetings of the international 
        commissions to which they are invited by such commissions.
            ``(2) Scientific Advisory Subcommittee.--
                    ``(A) Advice.--The Scientific Advisory Subcommittee 
                shall advise the General Advisory Committee and the 
                Commissioners on matters including--

[[Page 111 STAT. 1138]]

                          ``(i) the conservation of ecosystems;
                          ``(ii) the sustainable uses of living marine 
                      resources related to the tuna fishery in the 
                      eastern Pacific Ocean; and
                          ``(iii) the long-term conservation and 
                      management of stocks of living marine resources in 
                      the eastern tropical Pacific Ocean.
                    ``(B) Other functions and assistance.--The 
                Scientific Advisory Subcommittee shall, as requested by 
                the General Advisory Committee, the United States 
                Commissioners, or the Secretary, perform functions and 
                provide assistance required by formal agreements entered 
                into by the United States for this fishery, including 
                the International Dolphin Conservation Program. These 
                functions may include--
                          ``(i) the review of data from the Program, 
                      including data received from the Inter-American 
                      Tropical Tuna Commission;
                          ``(ii) recommendations on research needs, 
                      including ecosystems, fishing practices, and gear 
                      technology research, including the development and 
                      use of selective, environmentally safe and cost-
                      effective fishing gear, and on the coordination 
                      and facilitation of such research;
                          ``(iii) recommendations concerning scientific 
                      reviews and assessments required under the Program 
                      and engaging, as appropriate, in such reviews and 
                      assessments;
                          ``(iv) consulting with other experts as 
                      needed; and
                          ``(v) recommending measures to assure the 
                      regular and timely full exchange of data among the 
                      parties to the Program and each nation's National 
                      Scientific Advisory Committee (or its equivalent).
            ``(3) Attendance at meetings.--The Scientific Advisory 
        Subcommittee shall be invited to have representatives attend all 
        nonexecutive meetings of the United States sections and the 
        General Advisory Subcommittee and shall be given full 
        opportunity to examine and to be heard on all proposed programs 
        of scientific investigation, scientific reports, and scientific 
        recommendations of the commission. Representatives of the 
        Scientific Advisory Subcommittee may attend meetings of the 
        Inter-American Tropical Tuna Commission in accordance with the 
        rules of such Commission.''.

    (c) Bycatch Reduction.--The Tuna Conventions Act (16 U.S.C. 951 et 
seq.) is amended by adding at the end thereof the following:

``SEC. 15. <<NOTE: 16 USC 962.>>  REDUCTION OF BYCATCH IN THE EASTERN 
            TROPICAL PACIFIC OCEAN.

    ``The Secretary of State, in consultation with the Secretary of 
Commerce and acting through the United States Commissioners, shall seek, 
in cooperation with other nations whose vessel fish for tuna in the 
eastern tropical Pacific Ocean, to establish standards and measures for 
a bycatch reduction program for vessels fishing for yellowfin tuna in 
the eastern tropical Pacific Ocean. The bycatch reduction program shall 
include measures--

[[Page 111 STAT. 1139]]

            ``(1) to require, to the maximum extent practicable, that 
        sea turtles and other threatened species and endangered species 
        are released alive;
            ``(2) to reduce, to the maximum extent practicable, the 
        harvest of nontarget species;
            ``(3) to reduce, to the maximum extent practicable, the 
        mortality of nontarget species; and
            ``(4) to reduce, to the maximum extent practicable, the 
        mortality of juveniles of the target species.''.

SEC. 8. <<NOTE: 16 USC 1362 note.>>  EFFECTIVE DATES.

    (a) Amendments to Take Effect When IDCP in Force.--Sections 3 
through 7 of this Act (except for section 304 of the Marine Mammal 
Protection Act of 1972 as added by section 6 of this Act) shall become 
effective upon--
            (1) certification by the Secretary of Commerce that--
                    (A) sufficient funding is available to complete the 
                first year of the study required under section 304(a) of 
                the Marine Mammal Protection Act of 1972, as so added; 
                and
                    (B) the study has commenced; and
            (2) certification by the Secretary of State to Congress that 
        a binding resolution of the Inter-American Tropical Tuna 
        Commission or other legally binding instrument establishing the 
        International Dolphin Conservation Program has been adopted and 
        is in force.

    (b) Special Effective Date.--Notwithstanding subsection (a), the 
Secretary of Commerce may issue regulations under--
            (1) subsection (f)(2) of the Dolphin Protection Consumer 
        Information Act (16 U.S.C. 1385(f)(2)), as added by section 5(b) 
        of this Act;
            (2) section 303(a) of the Marine Mammal Protection Act of 
        1972 (16 U.S.C. 1413(a)), as added by section 6(c) of this Act,

at any time after the date of enactment of this Act.

    Approved August 15, 1997.

LEGISLATIVE HISTORY--H.R. 408 (S. 39):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 105-74, Pt. 1 (Comm. on Resources) and Pt. 2 (Comm. 
on Ways and Means).
CONGRESSIONAL RECORD, Vol. 143 (1997):
            May 21, considered and passed House.
            July 30, considered and passed Senate, amended, in lieu of 
                S. 39.
            July 31, House concurred in Senate amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 33 (1997):
            Aug. 15, Presidential statement.

                                  <all>