International Dolphin Conservation Program Act (P.L. 105-42)

1NTERN.ATIONA.L DOLPHIN CONSERVATION PROGRAM ACT 111 STAT. 1122 PUU1,IC LAW 10542--AUG. 15, 1997 International Dolphin Chnservation Pmgranl Act. Tuna. Exports and imports. 16 USC 1361 note. 16 USC 1361 note. Public Law 1 0 5 4 2 105th Congress An Act To amend the Marine Mammal Protection Act of 1972 to support the International Dlolphin Conservation Program in the eastern tropical Pacific Ocean, and for other purposes. Be it enacted by the Senate and House of Re,presentutives @f the United States of America in Congre.ss assembled, SISCTION 1. SHORT TITLE; REFERJ3NCES. (a) SI-IORT TITLE.-This Act may be cited as the "International Dolphin Conservation Program Act". (b) REFERENCES TO WINE: MAMMAL PROTECTION Am.-Except as otherwise expressly provided, whenever in this Act an amend ment or repeal is expressed in ternns of an amendment to, or repeal of, a section or other provision, the reference shall be consid ered to be made to a section1 or other provision of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 e t seq.). SECC. 2. PURPOSES AND FINDINGS. (a) PURPOSES.-The purposes of t h ~ s Act a re (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, Vanualu, and Venezuela, including the establishment of the International Dolphin Conservation Program, relating to the protection of dolphins and other spe cies, and the conservatiorl and ~nanagement of tuna in the eastern tropical Pacific Ocean; (2) to recognize that nations fishing for tuna in the eastern tropical Pacific Ocean have achieved si cant reductions in P dolphin mortality associated with that fis ery; and (3) to eliminate the ban on imports of tuna &om those nations that are in compliance with the International Dolphin Conservation Program. (b) Fmu\r~s.-The Congress finds that (1) the nations that fish for tuna in the eastern tropical Pacific Ocean have achievcd significant reductions in dolphin mortality associated with the pursc: seine fishery 6-om 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 b m 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 PUBLIC LAW 10542-hUG. 15, 1997 I11 STAT. 1123 ( 4 ) 12 signatory nations to the Declaration of Panama, induding the United States, agreed under that Declaration to require that the tototal annual dolphin mortality in the purse seine fishery for yelIowfin tuna in the castern tropical Pacific Ocean not exceed 5,000 animals, w i U ~ the ohjectivc of progres sively reducing dolphin momlity to a level approaclling zero througl~ the setting of annual limits and with the goal of eliminating do1 pllin mortality. SEC. 3. DEFINITIONS. Section 3 (LG U.S.C. 1362) is amended by adding at the end the follotving new paragraph: "1281 The tcm 'International Dolphin Consemation Pro gram' means the international program established by the agrwmcnt signed in LaJolla, California, in June, 1992, as formalized, modified, and enhanced in accordance with the Declaration of Pnnana. "(29) The term 'Ddaration of Panama' means the dmlara tion signed in Panama City, Republic of Panama, on October 4,1995.". SEC. 4. -MENTS TO TITLE L (a) Exc~mro~s M M o m n r u ~ . - S e c t i o n IOl(a3t2) I16 L7.S.C. 13711aX2)) is amended ( I ) by inserting after the fist sentence 'Such authoriza tions may bc granted under title Ill with respect h purse seine fishing for yellowfin tuna in the eastern tro ical PaciGc the Secretary witl~out regard ta section 103."; and E Ocean, subject to regulations prescribed under t at title by (2) by striking the semicolon in thc second sentence and all that folIows through *practicabIem. (b) DOC~ENTATION R E Q U I R E D . ~ C C ~ ~ O ~ 1011aX2) (16 U.S.C. 137 I(aX2)) is further amended-. (I) by striking subparagraph ID) and inserting the following: "(B) in the case of yelfowfin tuna hqvested with purse seine nets in the easkm tropical Pacific Ocean, and pmd ucts tl~erefrom, to be exported to t l~c U n i M States, shall require Lhat the o v e m e n t of the exporting nation provide evi ence that- d o c u m a i i : i I) thc tuna ar products themfmrn .were not banned from impartation under this paragraph before the effective date of section 4 of the International Dol phin Conservation Program Act; or "(11) the tuna or products therehm were h m s l d after the effcclive date of smtion 4 of the Inhrnntional Dolphin Conservation Program Act by vessels of n nation which pdicipatcs in the Inter national Dolphin Conservation Program, and such harvesting nation is either n member of the Entcr American Tropical Tunn Commission -or has initiakd (md within 6 month themafter completed) all steps required of applicant nations, in accordance f i th arti cIe V, paramnpir 3 of the Canvention estabhshing the Lnkr-hnerican Tropical Tuna Commission, to become a momber of that organization; *(ii) such nation is mceting the obIigations of the Sntcn~ntinnal Dolphin Conscrvntiori Pro~yanl and the 11 1 STAT. 1 124 PUBLIC LAW 10542-AUG. 15, 1997 obtigatians 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 vesseIs under the Infxrnationd Dolphin Conservation Progam do not exceed the limits deter mined for 1997, or for any year thereabr , consistent with the objective of progressively reducing dolphin mortality to a level approaching zero through tila setting of annual limits and the goal of eliminating dolphin rnodi ty, and requirements of the Inter national Dolphin Conservation Program;"; (2) by redesignating subparagraphs (C), (Dl, and as subparapphi ((D, (E), and IF), respeclively; (3) by inserting after subparagraph (B) the folIowing: "(C) shall not accept such documentary svidence if '(i) the government of the harvesting nation does not provide directly or authorize the Inter-American Tropical Tuna Commission to reIease complete and accurate information ta the SecreCary in a timely manner u(I) to allow determination of compliance with the International Dolphin Conservation Program; and "(11) for the purposes of tracking and verifying compliance with the minimum requirements estab lished by the Secretary in regulations promdgakd under subsection (0 of the Dolpllin Protection Consumer Information Act (16 U.S.C. 138510); or "(ii) aRRr taking into consideration such informa tion, findings of the I n t e r -he r im Tropical Tuna Commission, and any other relevant informa2;ion, including infomation that n nation is coasiskatly fail ing to take enforcement actions on vioIations which dminish the cffectivenws of the Enternationat Dolphin Conservation Program, the Sccrekuy, in consultation with t he SecreLq of Sbtc, finds that the harvesting nation is not in compliance with the International Dol phin Conservation Program."; nnd ( 4 ) by striking "subparagraph CE)" in the matter &r subparagraph (F), as rdesignated by paragraph 12) of this . subsection, and inserting "subparagraph / F)". (c) C E R T ~ INCIDENTAL ~ ' ~ N G s . < C C ~ & ~ ~ 101 (16 U.S.C. 1371) is furtllcr amended by adding at the end the following new sub sc-tion: "(GI ACT NOT TO APPLY l'W ~ C I D E N T A L TAKINGS BY UNITED STATES CITIZENS E U P M ~ D ON FOREIGN VESSELS OUTSIDE mm UNITED STATES EEZ,-The provisions of this Act shall not apply b a citizen of the United States who incidentally takes any marine mammal during f ~ l i n g operations outside the United Shtes exclu sive economic zone [as defrned in s w h n 3 of the Mapuson-Stevens Iqshery Conservnlion m d Management Act (16 U.S.C. 1802)) when t:rnpIoycd on n f o r e i p fishing vessel of a harvesting nation wllicl~ is in compliance wilh the International Dolphin Conservation Pro ~ n 1 1 1 . ~ ' . PUI3LIC LAW 105-42-AUG. 15, 1997 1 11 STAT. 1126 (dl P ~ m r ~ s . 4 e c t i o n 104(h) (16 U.S.C. 1374(h)) is amended to read as Follows: "(h) GENERIU, PERMITS.- kgdntions. "(1) Consistcnl with the regulations prescribed pursuant to section 103 of this title and to the requirements of section 101 of tlds title, the Secretary may issue an annual permit lo a United States purse seine fishing. vesseI for the taling of such v~arjne mammals, and shall issue regulations ta cover the use of'any such m u d permits. "(2) Such annual permits for the incidental taking of marine mammals in the course of commercial urse seine fishing for yelIowf-- tuna in the ettskrn tropical b acitic Ocean shall be governed by section 306 of this Act, subject ta the regulations issued pursuant ta section 303 of tlus Act.". (el ~TERNATEONAL ~ E G O T I A T I O N S . ~ ( ! C ~ ~ O ~ 108(aX2) (16 U.S.C. 1378(a)E23) is :mended (1) by striking "andw at the end of subparagraph (A); (2) by inserting &r subparagraph (B) the following: "(C) negotiations to revise the Convention for t he EstabIishment of an Inter-American Tropical Tuna Cornnlission (1 U.S.T. 230; TlAS 2044) which will ineor parah+ "(i) the conservation and management revisions agreed to by the nations which havc sign w! the Dec laration of Panama and in the Skaddling Fish Stocks m1d IJigllly Migrabry Nsll S b k s Agreement, as opened for signature on December 4, 1995; and "lii) a revised schedule of annual contributions to the expenses of the Inkr-haricm Tropical Tuna Commission that is equitable ta participating nations; and "(ll) discwsions with those countries padicipating, or likely m p d c i p a t e , in the International Dolphin Comema tion Program, for the purpose of i d e n m g sources of funds nccdcd for resaarch and other measures promoting effective protection of dolphins, other marine species, and the marine ecosystem;". (0 RESEAKCH G m . - - S e C t i o n 11OIa) (16 U.S.C. 1380(al) is amended (13 by striking "(1)" in paragraph (I); and (2) Ily s lrilring paragraph (2). SEC. 6. AMENDMENTS TO DOLPBIN FItOTECTION CONSUMER DWORXIATION ACT. (a) L ~ E L I ~ G S T A N D A R D . ~ U ~ S ~ C ~ ~ O U Id) ai the Dolphin Protee tian Consumer Information Act (16 U.S.C. 1385(d)) is amended to scad as follows: "(dl LAUELUG STANDMID. "(1) It is a YioIation of section 5 of the Federal Trade Commission Act (15 U.S.C. 45) for any producer. imgarter, exporter, distribuhr, or seller of m y fitma rodnct iat is z" exporkd from or o K c d for aaIe in the United taks to include on the label of that product thc tern 'dolphin safe' or any othcr krm4 or symbol that fnlscty claims or suggests that ttic tuna canta i~~ed in the product were hmeskd using a method of fishbig thaL is not harmful to dolphins if the prduct oantnins tuna hamcstcd 111 STAT. 1126 PUBLIC LAW 1054.2-AUG. 15, 1997 "(A) on the high seas by a vessel engaged in drifl,net fishing; "(B) outside the eastern tropical Pacific Ocean by :I vessel using purse seine nets "(i) in a fishery in which the Secretary has deter mined that a regular and significant association occur:; between dolphins and tuna (similar to the associai,ion between dolphins and tuna in the eastern tropical Pacific Ocean), unless such product is accompanded by a written statement, executed by the captain of the vessel and an observer participating in a national or internatio~nal pro,gram acceptable to the Secretary, certifying that no purse seine net was intentQnally 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 c e r t i w g that no purse seine net was intentional1:y deployed on or used to encircle dolphins during the particular voyage on which ibe tuna was hanrested; "(C) in the eastern tropical Pacific Ocean by a vessel using a purse seine net unless the tuna meet the require ments 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 accom panied 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 depl~oymenbs in which the tuna were caught, provided that the Secretary determines that such rsll observer statement is necessary. "(2) For purposes of paragraph (lXC), a tuna product that contains tuna harvested in the eastern tropical Pacific 0ce:m 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 Propram, is not capable of deploying its purse seine nets on or to encircle dolphins; or "(BXi) the product is accompanied by a written state ment executed by the captain providing the certification required under subsection 01); "(ii) the product is accompanied by a written statement executed by "(I) the Secretary or the Secretary's designee; "(11) a representative of the Inter-American Tropi cal Tuna Commission; or PUBLIC LAW 105-42-AUG. 15, 1997 I l l STAT. 1127 "(111) an authorized representative of a participat ing nation whose national program meets the require iments of the 1nkrnation:~l Dolphin Conservation IProgram, which states that there was an observer approved by the International Dolphin Conservation Pro,gram on board the vessel during the entire trip and that such observer pro vidtx1 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 endlorsements referred to in subparagraph (B) comply with regulations promul gatcxl by the Secretary which provide for the verification of bma products as dolphin safe. "(3)1(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 bear:; the dolphin safe mark developecl under subparagraph (A) :;hall not bear any other label or mark that refers to dolphins, porpoises, or marine mammals. "(C) I t is a violation of section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to labe1 a tuna product with any label or mark that refers to dolplains, porpoises, or marine mammals other than the mark develloped unlder subparagraph (A) unles~+ "(i) no dolphins were killed[ or se~iously injured in the sets or other gear deployments in1 which the tuna were caught; "15) the label is supported by a tracking and verifica tion program which is comparable in efYectiveness to the program established under subsection (0; and ",... ~,m) the label complies with all applicable l abehg , marketing, and advertising law:; and regulations of the Fedex-al Trade Commission, including any guidelines for environmental labeling. "(Dl If the Secretary determines that the use of a label &ports. referred to in subparagraph (C) is snbstant~ially undermining the conservation goals of the International Dolphin Consema tion Program, the Secretary shall n?port that determination to the United States Senate Committee on Commerce, Science, and Trans;portation and the United States Hoi~se of Representa tives Coimmittees on Resources and on Commerce, along with recommendations to correct such problems. "(E) I t 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 !Lo mislead or deceive consumers about the level of protection afforded dolphins under the Intel-national Dolphin Conservation Program.". (b) TRA(:E;ING R E G U L A T I O N S . ~ U ~ S ~ ~ ~ ~ O ~ (01 of the Dolphin Protection Cc~nsumer Information Act (16 U.S.C. 1385(0) is amended to read as folliows: " ( f ) R~crrLA~1o~s.--The Secretary, in consultation with the Sec retary of the Treasury, shall issue regulations t o implement this Act, includin~g regulations to establish a domestic tracking and 11 1 STA'I'. 1 128 PUBLIC I A W 105-42-AUG. 15, 1997 verification program that provides for the effective tracking of tuna Confidentiality. labeled under subsection (dl. In the development of these regtrla tions, the Secretary shall esta'blish appropriate procedures for ensuring the confidentiality of proprietary information the submis sion of which is voluntary or mandatory. The regulations shall1 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 md below deck, or through equally effective methods, the t&Aing 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 tc, the tracking and verification of tuna, and the definition of set. "(5) The shore-based venification and tracking throughout the fishing, transshipment, 2nd canning process by means of Inter-American Tropical Tuina 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 (dl. "(7) The provision of timt:ly access to data required under this subsection by the Secretary from harvesting nations to undertake the actions required in paragraph (6) of this para graph. The Secretary may make such adjustments a s may be appropriate to the regulations promulgated under this subsection to implement an international tracking and verification program that meets or exceeds the minimum requiremeints established by the Secretary under this subsection.". (c) FINDINGS CONCERNING IMPACT ON DEPLETED S~oc~s . -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 FINT)INGS.--(I) Between March 1, 1999, and March 31, 1999, the Secretary s h d , on the basis of the research conducted before March 1, 1999, under section 30ga) of the Marine Mammal Protection Act of 1972, information obtained under the International Dolphin Consematiton Program, and any other r~el evant information, make an initial finding regarding whether the intentional deployment on or encilrclement of dolphins with purse seine nets is having a significant adverse impact on any depleted FetIeraIRegister, dolphin stock in the eastern tropical Pacific Ocean. The initial publication. fhdin shall be published immediately in the Federal Register and s f all 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 com leted study conducted under section 304(a) of the Marine Mamma f' Protection Act of 1972, information obtained under the Inl~rnational Dolphin Consematio~~ Program, and nny other relevan~t information, malte a finding PUBLIC LAW 10542-AUG. 151, 1997 111 STAT. l l 2 9 regarding whether the intentional deployment on or encirclement of dolphins with purse seine nets is having a significant adverse impact on any depleted dolphin stock in the eastern tropical Pacific Ocean. The finding shall be published i~nmediately in the Federal Federal Register, Register and shall become effective upon a subsequent date deter- Publication. nnined by the Secretary. "(h) CERTIFICATION BY CAPTAIN AND OBSERVER. "(1) lJnless otherwise required by paragraph (2), the certifi cation by the captain under subsection (dX2,)(BXi) and the cer tification provided, by the observer as specified in subsection (d)(2)(BXii) 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)(B)(BXd and the certification provided by the observer as specified under subsection (dX2XBXii) shall be that no tuna were caught on the trip in which such tmia 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 (gX1); "(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) aRer the effective date of the finding under sub section (g)(2), where such finding is that the intentional dep1o:pent on or encirclement of dolphins is having a significant adverse impact on any such depleted stuck.". SEC. 6. AMENIIIMENTS TO TITLE 111. (a) CHANGE OF TITLE HEADLNG.-T~~ heading of title 111 is amended to read as follows: T I T L E II[--INTERNATIONAL DOLPlCIN COlNSERVATION PROGRAMn. (b) ADDITIONAL l ? ~ ~ ~ ~ ~ G s . - - S e c t i o n :301 (161 U.S.C. 1411) is aniended (1) by striking paragraph (4) of subsection (a) and inserting the following: "(4) Nations harvesting yellowfin tuna1 in the eastern . tropical Pilcific 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 eliminat ing dolphin mortality in that fishery. Recogmition of the Inter national 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: 111 STAT. 1130 PUBLIC LAW 105-42-AUG. 15, 1997 "(2) support the International Dolphin Conservation Pro gram 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 wit]-L driftnets or caught by purse seine vessels in the eastern tropicall Pacific Ocean not operating in compliance with the Inter-. national Dolphin Conservatioin Program;". (c) Title I11 (16 U.S.C. 1411 et seq.) is amended by striking; sections 302 through 306 (16 U.S.C. 1412 through 1416) and insert ing the following: 16 USC 14 12. "SEC. 302. INTERNATIONAL IDOLPIXIN CONSERVATION PROGRAM. "The Secretary of State, in consultation with the Sec tary, shall seek to secure a binding international agreement to es i? ablish 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 progressi~rely 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 eEect through calendar year 2000, a t a level between 0.2 percent and 0.1 percent of the minimum population estimate, as calcullated, revised, or approved by thc: Secretary; "(3) the establishment (of a per-stock per-year dolphin mortality limit, beginning with the calendar year 2001, a t a level less than or equal to 0.1 percent of the minimum population estimate a: calculated, revised, or approved by the Secretary; "(4) that if a dolphin mortality limit is exceeded under "(A) paragraph (I), 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 tq 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 ~und 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 cap tains to continue to reduce dolphin mortality, with the goal of eliminating dolphin mortality. I'UB1,IC LAW 10542--AUG. 15, 1997 111 STAT. 1131 "SEC. 303. IlEEULATORY AUTHORITY OF THlE SECRETARY. 16 USC 1413. "(a) REGULATIONS. "(1) The Secretar shall issue regulations, and revise those regulations as may i; e appropriate, to implement the Inter national Dolphin Conservation Program. "(2)(A) The Secretary shall issue regulations to authorize and govern the taking of marine mammals in the eastern tropical F'acific Ocean, including any species of marine mammal designated as depleted under this Act but not listed as endan gered or threatened under the Endangered Species Act (16 U.S.C. 1531 e t seq.), by vessels of the United States participat ing in the International Dolphin Conservation Program. "(B) Regulations issued under this section shall include provisio1n:; "(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 oper atio n,;; lim) prohibiting intentional sets on stocks and schools in accordance with the International Dolphin Conservation Program; "1:iv) requiring the use of special equipment, including dolphin safety panels in nets, monitoring devices as identi fied 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 bri dles, floodlights in operable condition, and diving masks and snorkels; "(v) ensuring that the backdown procedure during sets of pill-se seine net on marine mammals is com leted and 30 minutes before sundown; P rollby: of the net to sack up ha s begun no ater than 'Yvi) 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 .tack per-year mortality limits in accordance with the F-.; ntel-c~ational Dolphin Conservation Program; "(viii) preventing the making of intentional sets on dolpllins after reaching either the vessel maximum annual dolphin mortality limits, total dolphin mortality limits, or per-sItcxk per-year mortality limits; "(ix) preventing the fishing on dolphins by a vessel without an assigned vessel dolphin mortality limit; "(K) allowin for the authorization and conduct of experimental f i s L g 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 moxtaliity or serious injury do not require the encirclement of dolphins in the course of commerci:ll yellowfin tuna fishing; "(xi) authorizing fishing within the area covered by the Ilnrtcrnational Dolphin Conservation Pirogram by vessels of thle United States without the use of special equipment 111 STAT. 1132: PUBLIC LAW 10542-AUG. 15, 1997 Federal Register, Publicatioa or nets if the vessel takes an observer and does not inten tionally deploy nets on, or encircle, dolphins, under such terms and conditions as the Secretary may prescribe; and "(xii) containing such other restrictions and require ments as the Secretary determines are necessary to implement the International Dolphin Conservation Pro gram 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 equip ment, and fishing practices to the extent the adjustments are consistent with the International Dolphin Conservation Pro gram. "(b) CONSULTATION.-JI~ developing any regulation under this section, the Secretary shall consult with the Secretary of Shte, the Marine Mammal Commission, and the United States Commis sioners 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 Inter national 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 Commis sion of his or her determination, along with recommenda tions 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 inciden tal mortality and serious injury and mitigate such adverse impact. "(2) Before taking action under subparagraph (A) or (B) of paragraph (I), 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 su1) section "(A) shall be published in the Federal Register, together with an explanation thereof; "(B) shall remain in effect for the duration of the applicable fishing year; and "(C) may be terminated by the Secretary at a n earlier date by publication in the Federal Itegister of a notice of termination if the Secretary determines that the reasons for the emer ency action no longer exist. "(4) If the 8ecretary finds that the incidental mortality and serious injury of marine xnammals 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 addli tional periods as may be necessary. PUBLIC LAW 105-42-AUG. 15, 1997 111 STAT. 1135 " (4) a description of the activities of the International Dolphin Conservation Program and of the efforts of the United States i l n ~ support of the Program's goals and objectives, includ ing the protection of dolphin stock.s in the eastern tropical Pacific C)cean, and an assessment of the effectiveness of the Program; "(5) actions taken by the Secretary under section lOl(aX:!)(B) and section 101(d); "(6) copies of any relevant resolutions and decisions of the Inter-American Tropical Tuna Commission, and any regula tions proimulgated by the Secretary wider this title; and - "(7) any other information deemed relevant by the Sec retary. "SEC. 306. PERMITS. 16 USC 1d16. "(a) IN C;ISNISRAL, "(1) Consistent with the regulations issued pursuant to section 303, the Secretary shall issue a permit to a vessel of the lunit~d States authorizing participation in the Inter national 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 identifica tion of each fishing vessel for which a permit is sought, together with the name and address of the owner thereof; and "IB) the tonnage, hold capacity, speed, processing equipment, and type and quantity of gear, including an inventory of special equipment required under section 303, with I-espect 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 fiees charged under this paragraph may not exceed the admixustrative cost incurred in granting an authorization and issuiing 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 authoriza tions andl i~ssuing permits under this section. "(3) A&!r the effective date of the International Dolphin Conserve~tion Program Act, no vessel of the United States shall operate imL 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 h e imposed on a vessc!l, 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, PUBLIC LAW 10542-AUG. 15, 1997 111 STAT. 1137 (3) by striking subsection (dl. (e) Section 308 (16 U.S.C. 1418) is repealed. If) CLER~CAL AMGNDMENTS.-T~~ table of contents in the first section of the Marine Mammal Promtion Act of 1972 is amended by striking the items relating to title 111 and inserting in Iieu thereof the following: "Sec. 301. Findings and ~ l i r , "Scc. 302. International olp lzn ConservaCion Pmgram. &3'~cc. 303. R e p l n t a y authority of the Secretary. Use. 304. Research. "Sec. 305. Kt:ports by the Secretary. "Sec. 306. Permits. "Scc. 307. Prol~ibitions.". SEC. 7. AMENDMENTS TO 'fRE TUNA COWENL'IONS A m (a) Section 3(c) of the Tuna Couventions Act (16 U.S.C. 952(c)) is amended to read as follows: "(c) at Icast one shall be either the Administrator, or an appro priate officer, of the National Marine Fisheries Service; and". (6) Section 4 of the Tuna Conventions Act (16 U.S=C. 953) is mended to read as folIows: "SEC. 4. GFNERIU, AllVXSOItY COMMITTEE AND SCJENTIFIC ADVISORY S m C O ~ m & 'Ya) APPOINTMENTS; PUBLIC PARTICIPATION; COMPENSATION. The Secretary, in consultation with the United States Cornrnis sioners, shall "(1) appoint a General Advisory Committee which shall be composed of not less than 5 nor more than 15 persons with balanced re rescntation b m the various groups p h c i pating in the fis \ cries included under the conventions, and from nongovemmcntd conservation organizations; "12) appoint a Scientific Advisory Subcommittee which shall be composed of not Iess than 5 nor more than 15 qualified . scientists with balanced representation from the public and privah sectam, including nongovernmental conservation organizations; "(3) establish p d m s b~ provide far appropriate public participation and public meetings and to provide for the con fidentiality of confidential busiaess data; and "(41 fix the terms of ofice of thc members of the General Advisory G o m m i t b nnd Scientific Advisory Subcommitke, who shall receivr: no compensation for their services as such mem l~ers. "CbS Fmcrro~s, "( 1) G E ~ T C A L ADVISORY m ~ ~ m ~ . - T h e General Advisory Commit& fihdl be iavikd to have sepmentativcs attcnd all nonexecutive meetings of the United States sections and shall be given full opportunity to examine and ta be head on all pm osed rograrns of investtgations, reports, recommendations, mdl reyPations of the Commission. Thc General Advisory Committee may attend all meetings of the international commissions to wIJich they m iinvitcd by such commissions, "(21 SCIENTIFTC ~DVESORY S ~ C O M M ~ E . 'YA) hDwc~.-The Scientific Advisory Subcornnitkc! shall advise the Genera1 Advisory Committee and the Commissioners on mattem hc lud ing