[105th Congress Public Law 42]
[From the U.S. Government Printing Office]
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[DOCID: f:publ42.105]
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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):
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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.
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