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105th Congress                                             Rept. 105-74
                        HOUSE OF REPRESENTATIVES

 1st Session                                                     Part 1
_______________________________________________________________________


 
             INTERNATIONAL DOLPHIN CONSERVATION PROGRAM ACT

                                _______
                                

                 April 24, 1997.--Ordered to be printed

_______________________________________________________________________


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

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 408]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 408) to amend the Marine Mammal Protection Act of 1972 to 
support the International Dolphin Conservation Program in the 
eastern tropical Pacific Ocean, and for other purposes, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.

SECTION 1. SHORT TITLE; REFERENCES.

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

SEC. 2. PURPOSE AND FINDINGS.

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

SEC. 3. DEFINITIONS.

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

SEC. 4. AMENDMENTS TO TITLE I.

  (a) Authorization for Incidental Taking.--Section 101(a)(2) (16 
U.S.C. 1371(a)(2)) is amended as follows:
          (1) By inserting after the first sentence ``Such 
        authorizations may also be granted under title III with respect 
        to the yellowfin tuna fishery of the eastern tropical Pacific 
        Ocean, subject to regulations prescribed under that title by 
        the Secretary without regard to section 103.''.
          (2) By striking the semicolon in the second sentence and all 
        that follows through ``practicable''.
  (b) Documentary Evidence.--Section 101(a) (16 U.S.C. 1371(a)) is 
amended by striking so much of paragraph (2) as follows subparagraph 
(A) and as precedes subparagraph (C) and inserting:
                  ``(B) in the case of yellowfin tuna harvested with 
                purse seine nets in the eastern tropical Pacific Ocean, 
                and products therefrom, to be exported to the United 
                States, shall require that the government of the 
                exporting nation provide documentary evidence that--
                          ``(i) the tuna or products therefrom were not 
                        banned from importation under this paragraph 
                        before the effective date of the International 
                        Dolphin Conservation Program Act;
                          ``(ii) the tuna or products therefrom were 
                        harvested after the effective date of the 
                        International Dolphin Conservation Program Act 
                        by vessels of a nation which participates in 
                        the International Dolphin Conservation Program, 
                        such harvesting nation is either a member of 
                        the Inter-American Tropical Tuna Commission or 
                        has initiated (and within 6 months thereafter 
                        completed) all steps (in accordance with 
                        article V, paragraph 3 of the Convention 
                        establishing the Inter-American Tropical Tuna 
                        Commission) necessary to become a member of 
                        that organization;
                          ``(iii) such nation is meeting the 
                        obligations of the International Dolphin 
                        Conservation Program and the obligations of 
                        membership in the Inter-American Tropical Tuna 
                        Commission, including all financial 
                        obligations;
                          ``(iv) the total dolphin mortality permitted 
                        under the International Dolphin Conservation 
                        Program will not exceed 5,000 in 1997, or in 
                        any year thereafter, consistent with the 
                        commitment and objective of progressively 
                        reducing dolphin mortality to levels 
                        approaching zero through the setting of annual 
                        limits and the goal of eliminating dolphin 
                        mortality; and
                          ``(v) the tuna or products therefrom were 
                        harvested after the effective date of the 
                        International Dolphin Conservation Program Act 
                        by vessels of a nation which participates in 
                        the International Dolphin Conservation Program, 
                        and such harvesting nation has not vetoed the 
                        participation by any other nation in such 
                        Program.''.
  (c) Acceptance of Evidence Coverage.--Section 101 (16 U.S.C. 1371) is 
amended by adding at the end the following new subsections:
  ``(d) Acceptance of Documentary Evidence.--The Secretary shall not 
accept documentary evidence referred to in section 101(a)(2)(B) as 
satisfactory proof for purposes of section 101(a)(2) if--
          ``(1) the government of the harvesting nation does not 
        provide directly or authorize the Inter-American Tropical Tuna 
        Commission to release complete and accurate information to the 
        Secretary to allow a determination of compliance with the 
        International Dolphin Conservation Program;
          ``(2) the government of the harvesting nation does not 
        provide directly or authorize the Inter-American Tropical Tuna 
        Commission to release complete and accurate information to the 
        Secretary in a timely manner for the purposes of tracking and 
        verifying compliance with the minimum requirements established 
        by the Secretary in regulations promulgated under subsection 
        (f) of the Dolphin Protection Consumer Information Act (16 
        U.S.C. 1385(f)); or
          ``(3) after taking into consideration this information, 
        findings of the Inter-American Tropical Tuna Commission, and 
        any other relevant information, including information that a 
        nation is consistently failing to take enforcement actions on 
        violations which diminish the effectiveness of the 
        International Dolphin Conservation Program, the Secretary, in 
        consultation with the Secretary of State, finds that the 
        harvesting nation is not in compliance with the International 
        Dolphin Conservation Program.
  ``(e) Exemption.--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(6) of the Magnuson Fishery Conservation 
and Management Act (16 U.S.C. 1802(6))) when employed on a foreign 
fishing vessel of a harvesting nation which is in compliance with the 
International Dolphin Conservation Program.''.
  (d) Annual Permits.--Section 104(h) is amended to read as follows:
  ``(h) Annual Permits.--(1) Consistent with the regulations prescribed 
pursuant to section 103 and the requirements of section 101, the 
Secretary may issue an annual permit to a United States vessel for the 
taking of such marine mammals, and shall issue regulations to cover the 
use of any such annual permits.
  ``(2) Annual permits described in paragraph (1) for the incidental 
taking of marine mammals in the course of commercial purse seine 
fishing for yellowfin tuna in the eastern tropical Pacific Ocean shall 
be governed by section 304, subject to the regulations issued pursuant 
to section 302.''.
  (e) Revisions and Funding Sources.--Section 108(a)(2) (16 U.S.C. 
1378(a)(2)) is amended as follows:
          (1) By striking ``and'' at the end of subparagraph (A).
          (2) By adding at the end the following:
                  ``(C) discussions to expeditiously negotiate 
                revisions to the Convention for the Establishment of an 
                Inter-American Tropical Tuna Commission (1 UST 230, 
                TIAS 2044) which will incorporate conservation and 
                management provisions agreed to by the nations which 
                have signed the Declaration of Panama;
                  ``(D) a revised schedule of annual contributions to 
                the expenses of the Inter-American Tropical Tuna 
                Commission that is equitable to participating nations; 
                and
                  ``(E) discussions with those countries participating 
                or likely to participate in the International Dolphin 
                Conservation Program, to identify alternative sources 
                of funds to ensure that needed research and other 
                measures benefiting effective protection of dolphins, 
                other marine species, and the marine ecosystem;''.
  (f) Repeal of NAS Review.--Section 110 (16 U.S.C. 1380) is amended as 
follows:
          (1) By redesignating subsection (a)(1) as subsection (a).
          (2) By striking subsection (a)(2).
  (g) Labeling of Tuna Products.--Paragraph (1) of section 901(d) of 
the Dolphin Protection Consumer Information Act (16 U.S.C. 1385(d)(1)) 
is amended to read as follows:
  ``(1) It is a violation of section 5 of the Federal Trade Commission 
Act for any producer, importer, exporter, distributor, or seller of any 
tuna product that is exported from or offered for sale in the United 
States to include on the label of that product the term `Dolphin Safe' 
or any other term or symbol that falsely claims or suggests that the 
tuna contained in the product was harvested using a method of fishing 
that is not harmful to dolphins if the product contains any of the 
following:
          ``(A) Tuna harvested on the high seas by a vessel engaged in 
        driftnet fishing.
          ``(B) Tuna harvested in the eastern tropical Pacific Ocean by 
        a vessel using purse seine nets unless the tuna is considered 
        dolphin safe under paragraph (2).
          ``(C) Tuna harvested outside the eastern tropical Pacific 
        Ocean by a vessel using purse seine nets unless the tuna is 
        considered dolphin safe under paragraph (3).
          ``(D) Tuna harvested by a vessel engaged in any fishery 
        identified by the Secretary pursuant to paragraph (4) as having 
        a regular and significant incidental mortality of marine 
        mammals.''.
  (h) Dolphin Safe Tuna.--(1) Paragraph (2) of section 901(d) of the 
Dolphin Protection Consumer Information Act (16 U.S.C. 1385(d)(2)) is 
amended to read as follows:
  ``(2)(A) For purposes of paragraph (1)(B), a tuna product that 
contains tuna harvested in the eastern tropical Pacific Ocean by a 
vessel using purse seine nets is dolphin safe if the vessel is of a 
type and size that the Secretary has determined, consistent with the 
International Dolphin Conservation Program, is not capable of deploying 
its purse seine nets on or to encircle dolphins, or if the product 
meets the requirements of subparagraph (B).
  ``(B) For purposes of paragraph (1)(B), a tuna product that contains 
tuna harvested in the eastern tropical Pacific Ocean by a vessel using 
purse seine nets is dolphin safe if the product is accompanied by a 
written statement executed by the captain of the vessel which harvested 
the tuna certifying that no dolphins were killed during the sets in 
which the tuna were caught and the product is accompanied by a written 
statement executed by--
          ``(i) the Secretary or the Secretary's designee;
          ``(ii) a representative of the Inter-American Tropical Tuna 
        Commission; or
          ``(iii) an authorized representative of a participating 
        nation whose national program meets the requirements of the 
        International Dolphin Conservation Program,
which states that there was an observer approved by the International 
Dolphin Conservation Program on board the vessel during the entire trip 
and documents that no dolphins were killed during the sets in which the 
tuna concerned were caught.
  ``(C) The statements referred to in clauses (i), (ii), and (iii) of 
subparagraph (B) shall be valid only if they are endorsed in writing by 
each exporter, importer, and processor of the product, and if such 
statements and endorsements comply with regulations promulgated by the 
Secretary which would provide for the verification of tuna products as 
dolphin safe.''.
  (2) Subsection (d) of section 901 of the Dolphin Protection Consumer 
Information Act (16 U.S.C. 1385(d)) is amended by adding the following 
new paragraphs at the end thereof:
  ``(3) For purposes of paragraph (1)(C), tuna or a tuna product that 
contains tuna harvested outside the eastern tropical Pacific Ocean by a 
vessel using purse seine nets is dolphin safe if--
          ``(A) it is accompanied by a written statement executed by 
        the captain of the vessel certifying that no purse seine net 
        was intentionally deployed on or to encircle dolphins during 
        the particular voyage on which the tuna was harvested; or
          ``(B) in any fishery in which the Secretary has determined 
        that a regular and significant association occurs between 
        marine mammals and tuna, it is accompanied by a written 
        statement executed by the captain of the vessel and an 
        observer, certifying that no purse seine net was intentionally 
        deployed on or to encircle marine mammals during the particular 
        voyage on which the tuna was harvested.
  ``(4) For purposes of paragraph (1)(D), tuna or a tuna product that 
contains tuna harvested in a fishery identified by the Secretary as 
having a regular and significant incidental mortality or serious injury 
of marine mammals is dolphin safe if it is accompanied by a written 
statement executed by the captain of the vessel and, where determined 
to be practicable by the Secretary, an observer participating in a 
national or international program acceptable to the Secretary 
certifying that no marine mammals were killed in the course of the 
fishing operation or operations in which the tuna were caught.
  ``(5) No tuna product may be labeled with any reference to dolphins, 
porpoises, or marine mammals, unless such product is labeled as dolphin 
safe in accordance with this subsection.''.
  (i) Tracking and Verification.--Subsection (f) of section 901 of the 
Dolphin Protection Consumer Information Act (16 U.S.C. 1385(f)) is 
amended to read as follows:
  ``(f) Tracking and Verification.--The Secretary, in consultation with 
the Secretary of the Treasury, shall issue regulations to implement 
subsection (d) not later than 3 months after the date of enactment of 
the International Dolphin Conservation Program Act. 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. Such regulations 
shall, consistent with international efforts and in coordination with 
the Inter-American Tropical Tuna Commission, establish a domestic and 
international tracking and verification program that provides for the 
effective tracking of tuna labeled under subsection (d), including but 
not limited to each of the following:
          ``(1) Specific regulations and provisions addressing the use 
        of weight calculation for purposes of tracking tuna caught, 
        landed, processed, and exported.
          ``(2) Additional measures to enhance observer coverage if 
        necessary.
          ``(3) Well location and procedures for monitoring, 
        certifying, and sealing holds above and below deck or other 
        equally effective methods of tracking and verifying tuna 
        labeled under subsection (d).
          ``(4) Reporting receipt of and database storage of radio and 
        facsimile transmittals from fishing vessels containing 
        information related to the tracking and verification of tuna, 
        and the definition of sets.
          ``(5) Shore-based verification and tracking throughout the 
        transshipment and canning process by means of Inter-American 
        Tropical Tuna Commission trip records or otherwise.
          ``(6) Provisions for annual 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 
        subsection.''.

SEC. 5. AMENDMENTS TO TITLE III.

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

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

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

``SEC. 302. AUTHORITY OF THE SECRETARY.

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

``SEC. 303. REPORTS BY THE SECRETARY.

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

``SEC. 304. PERMITS.

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

        ``TITLE III--INTERNATIONAL DOLPHIN CONSERVATION PROGRAM

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

SEC. 6. AMENDMENTS TO THE TUNA CONVENTIONS ACTS.

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

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

  ``The Secretary, in consultation with the United States 
Commissioners, shall:
          ``(1) Appoint a General Advisory Committee which shall be 
        composed of not less than 5 nor more than 15 persons with 
        balanced representation from the various groups participating 
        in the fisheries included under the conventions, and from 
        nongovernmental conservation organizations. The General 
        Advisory Committee shall be invited to have representatives 
        attend all nonexecutive meetings of the United States sections 
        and shall be given full opportunity to examine and to be heard 
        on all proposed programs of investigations, reports, 
        recommendations, and regulations of the commission. The General 
        Advisory Committee may attend all meetings of the international 
        commissions to which they are invited by such commissions.
          ``(2) Appoint a Scientific Advisory Subcommittee which shall 
        be composed of not less than 5 nor more than 15 qualified 
        scientists with balanced representation from the public and 
        private sectors, including nongovernmental conservation 
        organizations. The Scientific Advisory Subcommittee shall 
        advise the General Advisory Committee and the Commissioners on 
        matters including the conservation of ecosystems; the 
        sustainable uses of living marine resources related to the tuna 
        fishery in the eastern Pacific Ocean; and the long-term 
        conservation and management of stocks of living marine 
        resources in the eastern tropical Pacific Ocean. In addition, 
        the Scientific Advisory Subcommittee shall, as requested by the 
        General Advisory Committee, the United States Commissioners or 
        the Secretary, perform functions and provide assistance 
        required by formal agreements entered into by the United States 
        for this fishery, including the International Dolphin 
        Conservation Program. These functions may include each of the 
        following:
                  ``(A) The review of data from the Program, including 
                data received from the Inter-American Tropical Tuna 
                Commission.
                  ``(B) Recommendations on research needs, including 
                ecosystems, fishing practices, and gear technology 
                research, including the development and use of 
                selective, environmentally safe and cost-effective 
                fishing gear, and on the coordination and facilitation 
                of such research.
                  ``(C) Recommendations concerning scientific reviews 
                and assessments required under the Program and 
                engaging, as appropriate, in such reviews and 
                assessments.
                  ``(D) Consulting with other experts as needed.
                  ``(E) Recommending measures to assure the regular and 
                timely full exchange of data among the parties to the 
                Program and each nation's National Scientific Advisory 
                Committee (or equivalent).
          ``(3) Establish procedures to provide for appropriate public 
        participation and public meetings and to provide for the 
        confidentiality of confidential business data. The Scientific 
        Advisory Subcommittee shall be invited to have representatives 
        attend all nonexecutive meetings of the United States sections 
        and the General Advisory Subcommittee and shall be given full 
        opportunity to examine and to be heard on all proposed programs 
        of scientific investigation, scientific reports, and scientific 
        recommendations of the commission. Representatives of the 
        Scientific Advisory Subcommittee may attend meetings of the 
        Inter-American Tropical Tuna Commission in accordance with the 
        rules of such Commission.
          ``(4) Fix the terms of office of the members of the General 
        Advisory Committee and Scientific Advisory Subcommittee, who 
        shall receive no compensation for their services as such 
        members.''.
  (c) Bycatch Reduction.--The Atlantic Tunas Convention Act of 1975 (16 
U.S.C. 971 et seq.) is amended by redesignating section 10, both 
sections 11, and section 12 in order as sections 11, 12, 13, and 14, 
and by inserting after section 9 the following new section:
         ``reduction of bycatch in eastern tropical pacific ocean
  ``Sec. 10. The Secretary of State, acting through the Comissioners, 
should immediately take the necessary steps to establish standards and 
measures for a bycatch reduction program for vessels fishing for 
yellowfin tuna in the eastern tropical Pacific Ocean. The program shall 
include to the maximum extent practicable--
          ``(1) that sea turtles and other threatened species and 
        endangered species are released alive, to the maximum extent 
        practicable;
          ``(2) measures to reduce, to the maximum extent practicable, 
        the harvest of nontarget species;
          ``(3) measures to reduce, to the maximum extent practicable, 
        the mortality of nontarget species; and
          ``(4) measures to reduce, to the maximum extent practicable, 
        the mortality of juveniles of the target species.''.

SEC. 7. EQUITABLE FINANCIAL CONTRIBUTIONS.

  It is the sense of the Congress that each nation participating in the 
International Dolphin Conservation Program should contribute an 
equitable amount to the expenses of the Inter-American Tropical Tuna 
Commission. Such contributions shall take into account the number of 
vessels from that nation fishing for tuna in the eastern tropical 
Pacific Ocean, the consumption of tuna and tuna products from the 
eastern tropical Pacific Ocean and other relevant factors as determined 
by the Secretary.

SEC. 8. EFFECTIVE DATE.

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

                          Purpose of the Bill

    The purposes of H.R. 408 are to amend the Marine Mammal 
Protection Act of 1972 and to implement in domestic law the 
Declaration of Panama, to recognize that significant reduction 
in dolphin mortality has been achieved by nations fishing for 
tuna in the eastern tropical Pacific Ocean, and to eliminate 
the import bans on tuna from those nations that are certified 
to be in compliance with the International Dolphin Conservation 
Program.

                  Background and Need for Legislation

    There are many fishing experts who believe that the eastern 
tropical Pacific Ocean (ETP), an area of more than five million 
square miles and stretching from southern California to Chile, 
contains one of the world's most important fisheries. It is 
here that large and valuable stocks of yellowfin tuna (Thunnus 
albacares) reside. Development of this fishery began in the 
early 1900s, mostly by baitboats from the United States. By the 
1950s, however, the U.S. fleet was suffering economic hardship 
due to foreign competition and the low efficiency of baitboat 
fishing. Efficiency more than doubled in 1957 when the first 
U.S. baitboat was converted to purse-seine fishing, making use 
of newly developed synthetic nets and power blocks that were 
used to retrieve the net. Within a few years, all the baitboats 
had been converted to purse-seine vessels.
    In the mid-1970s, the U.S. fleet consisted of more than 150 
vessels and accounted for about 70 percent of the fishing 
capacity in the ETP. Since then, the fleet has steadily 
decreased due to foreign competition and increasing regulatory 
pressures, and now has largely been replaced by foreign fleets. 
While the U.S. fleet was at 106 vessels in 1976, by 1993 only 
eight vessels remained, while the foreign fleet increased to 
about 89 vessels.
    For reasons not yet understood, schools of large yellowfin 
tuna associate with schools of dolphins. By sighting the 
surfacing dolphins, fishermen are able to locate these large 
tuna. Since the late 1950s, fishermen have deployed these large 
purse-seine nets around schools of dolphins to harvest the tuna 
swimming below, a routine referred to as ``fishing on 
dolphins'' or ``setting on dolphins''. Fishermen now use 
improved techniques for hauling in the net that allow the 
encircled dolphins to escape by swimming over the upper edge of 
the net, but occasionally, some become tangled in the net and 
are seriously injured or killed. This mortality of dolphins and 
the biological, economic, and political effects of programs 
developed both nationally and internationally to reduce dolphin 
mortality have been the subject of strong debate.
    The yearly catch of yellowfin tuna in the ETP is greater 
than 300,000 short tons and, according to Inter-American 
Tropical Tuna Commission (IATTC) reports, the stock is capable 
of sustaining harvests at this level. Tuna caught by purse-
seine setting on dolphins average 45 pounds per fish, which are 
approximately 2.5 years old, and about half the fish are at 
spawning maturity. These large fish command a superior price 
and are of a superior quality compared with tuna caught by 
other methods.
    By catching tuna with the setting on dolphin fishing 
method, one of the interesting side effects is the lack of 
bycatch of other species. During the early history of this 
fishery, the dolphin mortality was estimated at 350,000 animals 
per year, but it is more likely about half that number were 
actually killed. In recent years, great improvements have been 
realized in releasing the dolphins using a technique known as 
the ``back down procedure''. This technique allows the back 
edge of the net to sink below the surface and allows dolphins 
to swim out of the net. The current level of dolphin mortality 
for 1996 was 2,547 animals, a level considered to be below 
biological significance.
    As an alternative to setting on dolphins, other methods of 
fishing include setting nets around tuna that have been 
attracted to floating objects (log fishing) or around free 
swimming schools of fish (school fishing). While these methods 
almost totally eliminate dolphin mortality, they have other 
negative aspects. Recent studies of log fishing have shown that 
approximately 25 percent (by weight) of the harvest is bycatch. 
This bycatch consists of many species, but most significantly, 
sharks, billfish, sea turtles, and a great number of immature 
yellowfin tuna. In 1993 and 1994, it is estimated that between 
3 and 7 million small tuna were discarded in the log set 
harvest method alone. These tuna are dead by the time they are 
returned to the sea and this loss of immature tuna is 
considered, by some, as a serious threat to maintaining the 
tuna population. Also, compared to setting on dolphins, the 
catch per day is significantly less, the average weight per 
fish is much lower, the proportion of the smaller and less 
valuable skipjack tuna in the catch is greater, and the catch 
brings a significantly lower price.
    While a few U.S. vessels continue to fish for tuna in the 
ETP using methods other than setting on dolphins, the majority 
of the vessels in the U.S. fleet have either been sold or 
reflagged under Central and South American registries or have 
moved to the western Pacific fishery where mid-depth trawling 
is the preferred method and is ``dolphin-safe'' under current 
U.S. law. Currently, the canned tuna market in the U.S. is 
served primarily from this fishery where the catch is largely 
skipjack tuna.
    In addition, to the effects on the number of vessels 
remaining in the fishery, those U.S. vessels which decided to 
leave the fishery and move to the western Pacific Ocean 
incurred costs amounting to almost $1 million per vessel to 
regear for that fishery. Those vessels remaining in the fishery 
had been led to believe that the increase in market price for 
tuna caused by consumer interest in the new dolphin safe label 
would make up for their reduced harvest. Unfortunately, sales 
of canned tuna in the U.S. dropped from 35 percent in the mid-
1980s to less than 20 percent currently.

Domestic law protecting dolphins from effects of tuna fishing

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

The La Jolla Agreement

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

Deleterious effects of current law

    In recent years, studies on the tuna fishery have shown an 
alarming unintended effect of the U.S. law. Meant to discourage 
the use of the encirclement technique, alternative fishing 
practices were shown to have a negative effect on other marine 
species including sea turtles, sharks, billfish and juvenile 
tunas. The two primary methods of fishing dolphin safe are the 
school set and the log set techniques. While both methods do 
minimize dolphin mortality, there has been shown to be some 
mortality in both methods of fishing. The bycatch of other 
marine species associated with these two fishing techniques is 
significantly higher than the bycatch associated with the 
encirclement technique. School sets generate approximately 10 
times the amount of bycatch and log sets generate approximately 
100 times the bycatch of juvenile tunas and other marine 
species. In short, while current law focuses on techniques of 
reducing dolphin bycatch, the alternative fishing practices 
exacerbate fishing pressure on other sensitive marine 
populations.
    The goal of each revision to the dolphin-specific 
provisions of the MMPA was to further reduce dolphin mortality 
in the ETP. The effectiveness of each of these changes has been 
questioned. Though the embargo provisions have been credited 
with bringing about international cooperation, recent studies 
have shown that fishing effort using the encirclement technique 
have remained fairly stable, approximately 50-60 percent of the 
of the current effort in the fishery. It is important to note 
that while dolphin stocks decreased rapidly in the 1970s, the 
population levels have remained relatively stable during the 
last decade despite continued effort using the encirclement 
technique.
    Many argue that the greatest contribution to the reduction 
in the dolphin mortality was the development and implementation 
of the voluntary La Jolla Agreement. As discussed above, this 
agreement established a program of observer coverage, gear 
modifications, and technological changes in former fishing 
practices which led to drastic reductions in dolphin mortality. 
It is important to note that none of the dolphin stocks in the 
ETP are considered endangered or threatened. In fact the 
National Marine Fisheries Service (NMFS) notes that the 
rebuilding of one of the two stocks which are considered 
depleted, the northeastern spotted dolphin, will not be 
adversely affected by the continued practice of encircling 
dolphins. In fact, NMFS estimates that rebuilding of this stock 
to historical levels would take 27 years under the current 
conditions, which includes the 50-60 percent effort directed on 
dolphin stocks. With no effort directed on dolphin sets, NMFS 
estimates the rebuilding would take 26 years.
    As currently drafted, the U.S. dolphin safe definition 
restricts the use of certain gear types, rather than basing the 
definition on a mortality standard. The current definition 
prohibits the use of driftnets and the practice of encircling 
dolphin schools. A study presented at the 1994 International 
Whaling Commission highlighted a gillnet fishery in Sri Lanka 
which harvested tuna and had an estimated mortality of between 
8,000 and 11,000 small cetaceans per year. Because this fishery 
did not employ either prohibited fishing practice, this tuna 
could, under current law, be imported as ``dolphin safe'' tuna. 
H.R. 408 modifies the dolphin safe definition to base it on an 
actual mortality-based standard rather than merely a gear 
restriction.
    A concern was raised last year during hearings on this 
fishery on the effects encirclement will have on the 
reproductive ability of dolphins in the fishery. While some 
preliminary work has been conducted, there is little or no 
evidence to indicate that there will be any long-term effect on 
the populations. Despite the lack of evidence, H.R. 408 
authorizes an additional $1 million to continue to study this 
possibility.

Declamation of Panama

    In October 1995, twelve nations, including the United 
States, met in Panama to develop a binding international 
agreement to protect dolphins and other species in the ETP. The 
twelve nations involved in the development of this agreement 
were: Belize, Colombia, Costa Rica, Ecuador, France, Honduras, 
Mexico, Panama, Spain, Vanuatu, Venezuela and the United 
States. Five environmental organizations were also instrumental 
in developing this agreement. These groups included the Center 
for Marine Conservation, World Wildlife Fund, Greenpeace, 
National Wildlife Federation and the Environmental Defense 
Fund.
    These meetings resulted in the Declaration of Panama, 
signed by all twelve nations on October 4, 1995. The Panama 
Declaration would:
          Establish a permanent dolphin mortality limit with 
        the goal of reducing dolphin mortality to zero for all 
        participants in the fishery. An increase in the number 
        of vessels entering the fishery will not result in an 
        increase in the overall cap;
          Establish mortality caps for individual species of 
        dolphin found in the ETP;
          Establish per-vessel mortality caps to provide for 
        individual vessel accountability;
          Provide greater protection for other species 
        currently at risk from bycatch under certain harvesting 
        techniques;
          Increase the enforcement and monitoring systems to 
        ensure compliance by signatory nations and the vessels 
        flagged by these nations, including the use of 
        mandatory observer coverage on all vessels; and
          Continue scientific assessment and review of progress 
        toward meeting the goals of zero dolphin mortality and 
        to review the status of individual dolphin stocks.
    H.R. 408 implements the La Jolla Agreement and the 
Declaration of Panama for the United States.

                            Committee Action

    H.R. 408 was introduced on January 9, 1997, by Congressman 
Wayne Gilchrest (R-MD). The bill was referred to the Committee 
on Resources, and within the Committee to the Subcommittee on 
Fisheries Conservation, Wildlife and Oceans. On April 9, 1997, 
the Subcommittee held a hearing on H.R. 408, where five 
witnesses testified on the tuna fishery in the ETP, the status 
of dolphin populations in that fishery and how the provisions 
of H.R. 408 would effect this fishery. Witnesses included: Ms. 
Mary Beth West, Deputy Assistant Secretary for Oceans, Bureau 
of Oceans, Environment and Science, Department of State; Dr. 
Elizabeth Edwards, Director, Dolphin Safe Research Program, 
Southwest Fisheries Science Center, NMFS; Dr. James Joseph, 
Director of Investigations, IATTC; Ms. Nina Young, Marine 
Mammalogist, Center for Marine Conservation; and Mr. Jeffrey R. 
Pike, Dolphin Safe/Fair Trade Campaign.
    On April 10, 1997, the Subcommittee met to mark up H.R. 
408. An amendment in the nature of a substitute was offered by 
Congressman George Miller (D-CA); the amendment failed by a 
rollcall vote of 4-7, as follows:

----------------------------------------------------------------------------------------------------------------
            Members                 Yea       Nay     Present        Members          Yea       Nay     Present 
----------------------------------------------------------------------------------------------------------------
Mr. Saxton, Chairman...........  ........        X   .........  Mr. Abercrombie..        X   ........  .........
Mr. Tauzin.....................  ........        X   .........  Mr. Ortiz........  ........        X   .........
Mr. Gilchrest..................  ........        X   .........  Mr. Pallone......        X   ........  .........
Mr. Jones......................  ........        X   .........  Mr. Farr.........        X   ........  .........
Mr. Peterson...................  ........        X   .........  Mr. Kennedy......        X   ........  .........
Mr. Crapo......................  ........        X   .........  .................        X   ........  .........
----------------------------------------------------------------------------------------------------------------

    The bill was then ordered favorably reported to the Full 
Committee in the presence of a quorum.
    On April 16, 1997, the Full Resources Committee met to 
consider H.R. 408. An amendment to cap the dolphin mortality at 
the level of observed mortality for 1996 was offered by 
Congressman George Miller, and not adopted by rollcall vote of 
15-24, as follows:


    An amendment to change the definition for dolphin safe to 
include ``seriously injured or intentionally harassed'' to the 
definition included in the bill was offered by Congressman 
Frank Pallone (D-NJ), and not adopted by rollcall vote of 12-
28, as follows:


    An amendment to encourage the Secretary of State through 
the Commissioners to ensure that the IATTC further develops a 
bycatch reduction program was offered by Congressman Neil 
Abercrombie (D-HI), and after being further modified by a 
unanimous consent request of Congressman Wayne Gilchrest, was 
adopted by voice vote. An amendment requiring new language be 
added to the dolphin safe label was offered by Congressman Sam 
Farr (D-CA), and not adopted by voice vote. An amendment to 
require certification of noninvolvement in drug trafficking by 
vessels was offered by Congressman George Miller. The amendment 
was ruled nongermane. Congressman George Miller appealed the 
ruling of the Chair and the Chair's ruling was sustained by a 
rollcall vote of 17-12, as follows:


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

                      Section-by-Section Analysis

                   Section 1. Short Title; References

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

                    Section 2. Purpose and Findings

    The purpose of this Act is to give effect to the 
Declaration of Panama, including the establishment of the 
International Dolphin Conservation Program, relating to the 
protection of dolphins and other species, and the conservation 
and management of tuna in the ETP. Another purpose of the Act 
is to recognize the significant reductions in dolphin mortality 
associated with that fishery by nations fishing for tuna and to 
eliminate the ban on imports of tuna from those nations in 
compliance with the International Dolphin Conservation Program.
    The findings of this Act are: (1) that nations that fish in 
the ETP yellowfin tuna fishery have achieved significant 
reductions in dolphin mortality from hundreds of thousands 
annually to fewer than 5,000 annually; (2) that provisions in 
the MMPA that impose a ban on the imports of tuna from nations 
fishing in the ETP have served as an incentive to reduce 
dolphin mortalities; (3) that tuna canners and processors of 
the United States have led the tuna products industry to 
promote a dolphin-safe tuna market; and (4) that the 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 ETP not exceed 5,000, with a 
commitment and objective to progressively reduce dolphin 
mortality to a level approaching zero through the setting of 
annual limits.

                         Section 3. Definitions

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

                    Section 4. Amendments to Title I

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

                   Section 5. Amendments to Title III

    Title III of the MMPA is renamed the International Dolphin 
Conservation Program.
    The findings in section 301 are amended to recognize that 
nations harvesting yellowfin tuna in the ETP have demonstrated 
their willingness to participate in appropriate multilateral 
agreements to reduce dolphin mortality; recognize that the IDCP 
will assure that the existing trend of reduced dolphin 
mortality continues; recognize that the goal of eliminating 
dolphin mortality continues to be a priority; and to ensure 
that the U.S. market does not act as an incentive to the 
harvest of tuna using purse seine nets not in compliance with 
the IDCP.
    Section 302 is amended to require the Secretary of Commerce 
to issue regulations, not later than three months after the 
date of enactment, to implement the International Dolphin 
Conservation Program. In developing the regulations under this 
section, the Secretary will consult with the Marine Mammal 
Commission and the U.S. Commissioners to the IATTC.
    These regulations shall include provisions requiring 
observers on each vessel; requiring the use of the backdown 
method or other equally effective procedures; prohibiting the 
intentional deployment of nets in violation of the IDCP; 
requiring the use of special equipment; ensuring that the 
backdown procedure or deployment of nets begin no later than 30 
minutes after sundown; banning the use of explosive devices; 
establishing per vessel mortality limits, total dolphin 
mortality limits, and per stock per year mortality limits; 
preventing the intentional deployment of nets on dolphins after 
reaching the total dolphin mortality limits, the per stock or 
vessel mortality limits; preventing fishing by vessels not 
assigned a vessel mortality limit; allowing for the 
authorization of experimental fishing operations; authorizing 
fishing within the area covered by the IDCP by vessels of the 
U.S. without specific requirements under special conditions 
prescribed by the Secretary; and containing other such 
necessary restrictions or requirements as determined by the 
Secretary.
    If the Secretary determines, using the best scientific 
information available, that the incidental mortality and 
serious injury of marine mammals authorized under this title is 
having, or is likely to have, a significant adverse impact on a 
marine mammal stock or species, the Secretary shall prescribe 
emergency regulations and notify, along with recommendations on 
actions necessary to reduce the adverse impacts, to the IATTC.
    The Secretary shall, in cooperation with the nations 
participating in the IDCP and the IATTC, undertake or support 
appropriate scientific research to further the goals of the 
Program. The research may include but is not limited to: 
devising cost-effective fishing methods and gear so as to 
reduce, with the goal of eliminating, the incidental mortality 
and serious injury of marine mammals; devising cost-effective 
fishing methods for mature yellowfin tuna without deployment of 
nets on dolphins or other marine mammals; carrying out a stock 
assessment of those marine mammal species and stocks taken in 
the purse seine fishery for yellowfin tuna in the ETP; studying 
the effects of chase and encirclement on the health and biology 
of dolphin and individual dolphin populations incidentally 
taken in the course of purse seine fishing in the ETP and 
determining the extent to which the incidental take of 
nontarget species, including juvenile tuna, occurs in the ETP 
yellowfin tuna fishery. The results of the research in this 
section shall be included in the report required in section 
303.
    Section 303 of the MMPA is amended to have the Secretary 
submit an annual report to Congress which includes: the results 
of research conducted in section 302; a description of the 
status and trends of stocks of tuna; a description of the 
efforts to assess, avoid, reduce, and minimize the bycatch of 
juvenile yellowfin tuna and other nontarget species; a 
description of activities of the IDCP and the efforts of the 
U.S. in support of the Program's goals and objectives; an 
assessment of the effectiveness of the IDCP; and any other 
information the Secretary deems relevant.
    Section 304 is amended to authorize the Secretary to issue 
permits to a vessel of the United States authorizing 
participation in the IDCP. This may include issuing a permit to 
the person actually in charge of and controlling the fishing 
operation of the vessel. The Secretary is authorized to charge 
a fee for granting an authorization and issuing a permit under 
this section. The levels of fees charged under this paragraph 
may not exceed the administrative cost incurred in granting an 
authorization and issuing a permit.
    After the effective date of the IDCP, no vessel of the 
United States shall operate in the yellowfin tuna fishery in 
the ETP without a valid permit. Permits may be sanctioned if a 
vessel has been used in the commission of an act in violation 
of section 305, or the owner, operator, or any other person who 
has applied for or been issued a permit under this section has 
acted in violation of section 305. The Secretary may also 
revoke, suspend, deny, or impose conditions or restrictions on 
a permit for any person who has not paid and is overdue on a 
civil penalty or criminal fine.
    When imposing sanctions under this subsection the Secretary 
shall take into account the nature, circumstances, extent, and 
gravity of the prohibited act for which the sanction is 
imposed, and with respect to the violator, the degree of 
culpability, any history or prior offenses, and other matters 
as justice requires. No sanctions will be imposed unless there 
has been a prior opportunity for a hearing on the facts 
underlying the violation for which the sanction is imposed. 
Transfer of ownership of a vessel, by sale or otherwise, shall 
not extinguish any permit sanction that is in effect or is 
pending at the time of transfer of ownership. The Secretary 
shall reinstate the permit upon payment of the penalty of fine 
and any interest.
    Section 305 of the MMPA is repealed, section 307 is 
redesignated as 305, and is amended to prohibit any person from 
selling, transporting, or shipping, in the United States, any 
tuna or tuna product unless the tuna or tuna product is either 
dolphin safe or has been harvested in compliance with the IDCP 
by a country that is a member of the IATTC, or has initiated 
steps to join the IATTC.
    The amendments to redesignated MMPA section 305 also 
prohibit, except in accordance with this title, any person or 
vessel subject to the jurisdiction of the United States from 
intentionally deploying a purse seine net on or encircling any 
marine mammal in the course of tuna fishing in the ETP or for 
any person to import any yellowfin tuna or yellowfin tuna 
product or any other fish or fish product in violation of a ban 
on importation imposed under section 101(a)(2).
    Finally, section 5 of the bill repeals MMPA section 306, 
redesignates section 308 as section 306, and further amends 
that section by striking ``303'' and inserting ``302(d)''.

           section 6. amendments to the tuna conventions act

    Section 3 of the Tunas Conventions Act is amended to 
require at least one IATTC commissioner be the Director or an 
appropriate regional director of the NMFS.
    Section 4 of the Tuna Conventions Act is amended to have 
the Secretary, in consultation with the United States 
Commissioners, appoint a General Advisory Committee and a 
Scientific Advisory Subcommittee. The General Advisory 
Committee will be composed of not less than five nor more than 
15 persons with balanced representation from the various groups 
participating in the fisheries included under the conventions, 
and from nongovernmental conservation organizations. The 
Committee shall be invited to have representatives attend all 
nonexecutive meetings of the United States sections and shall 
be given full opportunity to examine and to be heard on all 
proposed programs of investigations, reports, recommendations 
and regulations of the commissions.
    The Scientific Advisory Subcommittee will be composed of 
not less than five nor more than 15 qualified scientists with 
balanced representation from the public and private sectors, 
including nongovernmental conservation organizations. The 
Subcommittee shall advise the General Advisory Committee and 
the United States Commissioners on matters including the 
conservation of ecosystems; the sustainable uses of living 
marine resources related to the tuna fishery in the ETP; and 
the long-term conservation and management of stocks of living 
marine resources in the ETP. The Subcommittee, as requested by 
the Committee, the United States Commissioners, or the 
Secretary, will perform functions and provide assistance 
required by formal agreements entered into by the United States 
for this fishery, including the IDCP. The functions may 
include: review of data from the Program, including data from 
the IATTC; recommendations on research needs, including 
ecosystems, fishing practices, and gear technology research, 
including the development and use of selective, environmentally 
safe and cost-effective fishing gear, and on the coordination 
and facilitation of such research; recommendations concerning 
scientific reviews and assessments required under the Program; 
consultation with other experts; recommendations of measures to 
assure the regular and timely full exchange of data among the 
parties to the Program and each nation's National Scientific 
Advisory Committee (or equivalent).
    Subsection (c) amends the Atlantic Tunas Convention Act of 
1975 to encourage the Secretary of State, acting through the 
IATT Commissioners, to take the necessary steps to further 
develop a bycatch reduction program which shall, to the extent 
practicable, consist of the following provisions: (1) that sea 
turtles and other threatened and endangered species are 
released alive to the maximum extent practicable, (2) measures 
to reduce, to the maximum extent practicable, the harvest of 
nontarget species, (3) measures to reduce, to the maximum 
extent practicable, the mortality of nontarget species, and (4) 
measures to reduce, to the maximum extent practicable, the 
mortality of juveniles of the target species.

              section 7. equitable financial contributions

    This section adds a new Sense of the Congress provision 
that each nation participating in the International Dolphin 
Conservation Program should contribute an equitable amount to 
the expenses of the IATTC and that such contributions should 
take into account the number of vessels from that nation 
fishing for tuna in the ETP and the consumption of tuna and 
tuna products from the ETP, as well as any other relevant 
factors as determined by the Secretary.

                       section 8. effective date

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

            Committee Oversight Findings and Recommendations

    With respect to the requirements of clause 2(l)(3) of rule 
XI of the Rules of the House of Representatives, and clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
the Committee on Resources' oversight findings and 
recommendations are reflected in the body of this report.

                  Federal Advisory Committee Statement

    The functions of the proposed advisory committees 
authorized in H.R. 408 are not currently being nor could they 
be performed by one or more agencies, an advisory committee 
already in existence or by enlarging the mandate of an existing 
advisory committee.

                   Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact H.R. 408.

                        Cost of the Legislation

    Clause 7(a) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs which would be incurred in carrying out 
H.R. 408. However, clause 7(d) of that Rule provides that this 
requirement does not apply when the Committee has included in 
its report a timely submitted cost estimate of the bill 
prepared by the Director of the Congressional Budget Office 
under section 403 of the Congressional Budget Act of 1974.

                     Compliance With House Rule XI

    1. With respect to the requirement of clause 2(l)(3)(B) of 
rule XI of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, H.R. 
408 does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease tax 
expenditures. The bill would lead to a increase in appropriated 
spending but also decreases direct spending by increasing 
offsetting receipts from permit fees. In addition, H.R. 408 
would increase government receipts from tariffs on imported 
canned tuna.
    2. With respect to the requirement of clause 2(l)(3)(D) of 
rule XI of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of H.R. 408.
    3. With respect to the requirement of clause 2(l)(3)(C) of 
rule XI of the Rules of the House of Representatives and 
section 403 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 408 
from the Director of the Congressional Budget Office.

               Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, April 23, 1997.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 408, the 
International Dolphin Conservation Program Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Victoria V. 
Heid (for federal costs), and Lesley Frymier (for the private-
sector impact).
            Sincerely,
                                         June E. O'Neill, Director.
    Enclosure.

H.R. 408--International Dolphin Conservation Program Act

    Summary: H.R. 408 would modify the protection of marine 
mammals, including dolphins, in connection with tuna 
harvesting. CBO estimates that enacting H.R. 408 would lead to 
an increase in appropriated spending of about $1 million in 
fiscal year 1998, assuming appropriations consistent with the 
bill's provisions. In addition, CBO estimates that enacting 
H.R. 408 could decrease direct spending beginning in fiscal 
year 1998 by generating additional offsetting receipts from 
fees on fishing permits. We estimate that any new permit fees 
would total less than $100,000 a year over the 1998-2002 
period. Finally, based on information from the International 
Trade Commission (ITC), CBO estimates that H.R. 408 would 
increase governmental receipts by less than $500,000 annually. 
Because H.R. 408 could affect both direct spending and 
receipts, pay-as-you-go procedures would apply.
    H.R. 408 contains no intergovernmental mandates as defined 
in the Unfunded Mandates Reform Act of 1995 (UMRA), and would 
have no impact on state, local, or tribal governments. The bill 
would impose new private-sector mandates on tuna vessels while 
removing an existing mandate on tuna vessels and providing 
other benefits to tuna importers. CBO estimates that the direct 
costs of the new private-sector mandates would most likely be 
less than the costs of the existing mandate.

Description of the bill's major provisions

    The bill would recognize and incorporate into law many of 
the provisions of the Declaration of Panama, signed October 4, 
1995, by the United States and the governments of Belize, 
Colombia, Costa Rica, Ecuador, France, Honduras, Mexico, 
Panama, Spain, Vanuatu, and Venezuela. The Declaration of 
Panama addresses the protection of dolphins and other species, 
and the conservation and management of tuna, in the eastern 
tropical Pacific Ocean (ETP). Several provisions of the bill 
would address the use of purse seines in tuna fishing. Purse 
seines are large nets that encircle tuna and are then drawn 
shut like a purse.
    Specifically, the bill would:
          declare that it is U.S. policy to support the 
        International Dolphin Conservation Program (IDCP) 
        operated under the auspices of the Inter-American 
        Tropical Tuna Commission (IATTC);
          eliminate the current ban by the Secretary of the 
        Treasury on imports of yellowfin tuna from countries 
        whose vessels catch tuna in the ETP using a procedure 
        known as ``setting on dolphins'' by allowing tuna 
        imports from those nations complying with the IDCP;
          amend the Marine Mammal Protection Act of 1972 to 
        allow the Department of Commerce (DOC) to issue permits 
        to U.S. fishermen authorizing the incidental taking of 
        dolphins during commercial yellowfin tuna harvesting;
          limit the number of dolphins that can be killed by 
        tuna fishing in the ETP to 5,000 annually, with the 
        mortality limit apportioned among various dolphin 
        types--but the limit for each type could not exceed 0.2 
        percent of the minimum estimated abundance of that type 
        through 2000, and 0.1 percent of that minimum in 2001 
        and thereafter;
          require U.S. vessels fishing for tuna in the ETP to 
        obtain individual, annual permits from the Secretary of 
        Commerce to authorize their participation in the IDCP, 
        and authorize the Secretary to charge fees to cover the 
        administrative costs of the permits (Under current law, 
        vessels must pay an annual fee for a certificate of 
        inclusion in one umbrella permit.);
          authorize to be appropriated to the DOC $1 million 
        for scientific research on dolphin conservation;
          amend the Dolphin Protection Consumer Information Act 
        by redefining tuna that may be labeled ``dolphin safe'' 
        as that caught in any set of a purse seine net in which 
        no dolphins were killed, regardless of whether any 
        dolphins were encircled as part of the tuna harvest 
        (Under the bill, tuna would be determined to be 
        ``dolphin safe'' on a set-by-set basis, rather than by 
        vessel-trip as under current law.); and
          state that is the sense of the Congress that each 
        nation participating in the International Dolphin 
        Conservation Program should contribute an equitable 
        amount to the expenses of the IATTC.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 408 is shown in the table below. CBO 
estimates that implementing the bill would increase 
discretionary spending by about $1 million in 1998, and by less 
than $100,000 annually thereafter. The bill also could affect 
direct spending and revenues, but in each case CBO estimates 
that any such changes would be less than $500,000 a year.

----------------------------------------------------------------------------------------------------------------
                                                                      By fiscal years, in millions of dollars   
                                                                 -----------------------------------------------
                                                                   1997    1998    1999    2000    2001    0002 
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION                                  
                                                                                                                
Estimated authorization level...................................       0       1     (1)     (1)     (1)     (1)
Estimated outlays...............................................       0       1     (1)     (1)     (1)     (1)
----------------------------------------------------------------------------------------------------------------
\1\ Less than $100,000.                                                                                         

    The costs of this legislation fall within budget function 
300 (natural resources and environment).

Basis of estimate

            Spending subject to appropriation
    Assuming appropriations consistent with the bill, enacting 
H.R. 408 would result in about $1 million in additional 
appropriated spending in fiscal year 1998. H.R. 408 would 
authorize the appropriation of $1 million to be used by the 
DOC's National Marine Fisheries Service to support scientific 
research on dolphin conservation. We estimate outlays of about 
$1 million in fiscal year 1998, assuming appropriation of the 
authorized amount.
    The bill also states that it is the sense of the Congress 
that each nation participating in the International Dolphin 
Conservation Program should contribute an equitable amount to 
the expenses of the IATTC, which administers the International 
Dolphin Conservation Program and employs the international 
observers currently required on all tuna boats operating in the 
ETP. Currently, the Department of State contributes about $3 
million annually to the IATTC. That amount represents about 90 
percent of the contributions from all nations to the IATTC, and 
about 65 percent of the IATTC's $4.5 million budget. H.R. 408 
would not, by itself, change the U.S. contribution to the 
IATTC, and it is unclear whether the factors identified in the 
bill would lead to a change in the U.S. contribution. Hence, 
CBO estimates that this provision would not change 
discretionary spending.
    H.R. 408 would require U.S. vessels operating in the ETP to 
obtain individual permits from the Secretary of Commerce. Such 
permits would authorize vessels' participation in the IDCP and 
allow some incidental deaths of marine mammals from using purse 
seines in commercial fishing for yellowfin tuna. H.R. 408 would 
authorize the Secretary to charge a permit fee, but such fees 
could not exceed the administrative costs of issuing permits. 
Income from fees could be spent, subject to appropriation, by 
the Under Secretary of Commerce for Oceans and Atmosphere for 
the expenses incurred in issuing permits. As explained below, 
CBO estimates that any such increase in fees would be less than 
$100,000 a year. Hence, the potential effect of this provision 
on discretionary spending also would be less than $100,000 a 
year.
            Direct spending (including offsetting receipts)
    Under current law, all U.S. vessels fishing for tuna in the 
ETP may operate under one permit issued to the American 
Tunaboat Association in 1980 by the Secretary of Commerce. 
Individual vessels pay an annual fee to the DOC to renew 
certificates of inclusion under that permit. The current permit 
expires December 31, 1999. Over the last year, about five U.S. 
vessels have been harvesting tuna in the ETP under the permit.
    H.R. 408 would not affect the fees paid by U.S. vessels 
currently fishing for tuna. The bill could result in additional 
U.S. vessels seeking permit authority to operate in the ETP. 
Under current law, to meet the ``dolphin safe'' definition for 
tuna, U.S. vessels in the ETP cannot set purse seine nets on 
dolphins in the course of fishing for tuna. The bill would 
permit this practice and allow for limited dolphin mortality in 
accordance with the international program as long as certain 
safeguards are adopted. This increase in flexibility could 
encourage additional U.S. vessels to operate in the ETP, where 
they would be subject to permit fees. We estimate, however, 
that any change in receipts from permit fees would be less than 
$100,000 a year.
            Revenues
    The Marine Mammal Protection Act of 1972 bans imports of 
yellowfin tuna from nations that fish for tuna in the eastern 
tropical Pacific Ocean. H.R. 408 allow tuna imports from 
nations that comply with the IDCP. Currently, fresh tuna 
imported to the U.S. is not subject to duty. However, the U.S. 
Customs Service collects about $30 million annually from 
tariffs on canned tuna. Based on historical information 
provided by the ITC, prior to the embargo about 1 percent of 
the duties collected on canned tuna imports were from IDCP 
signatory nations. Therefore, CBO estimates that eliminating 
the ban on imports of tuna from these nations would not 
significantly increase governmental receipts.
    Pay-as-you-go considerations: Section 252 of the Balanced 
Budget and Emergency Deficit Control Act of 1985 sets up pay-
as-you-go procedures for legislation affecting direct spending 
or receipts through 1998. CBO estimates that enacting H.R. 408 
could affect both direct spending and governmental receipts, 
but that any change would be less than $500,000 a year in both 
cases.
    Estimated impact on State, local, and tribal governments: 
H.R. 408 contains no intergovernmental mandates as defined in 
the UMRA and would have no impact on the budgets of state, 
local, or tribal governments.
    Estimated impact on the private sector: The bill would 
impose new private-sector mandates on tuna vessels while 
removing an existing mandate on tuna vessels and providing 
other benefits to tuna importers. CBO estimates that the direct 
costs of the new mandates would most likely be less than the 
costs of the existing mandate.
    Section 4 of H.R. 408 would change the labeling of dolphin-
safe tuna. In order to be labeled dolphin-safe, tuna harvested 
in the ETP would have to be accompanied by a certification that 
no dolphins were killed (instead of the current requirement 
that no dolphin sets are made). Tuna harvested outside of the 
ETP could be labeled dolphin-safe if it is accompanied by a 
statement certifying that no sets were intentionally set on 
dolphins, or, in some fisheries, marine mammals. Based on 
information obtained from industry and government sources, 
these mandates would impose minimal, if any, costs on U.S. 
vessels.
    Section 4 of the bill also would give the Secretary of 
Commerce the authority to require certain vessels to provide 
observer certification in fisheries where the Secretary has 
identified a regular and significant incidental mortality or 
serious injury rate of marine mammals. In those fisheries, in 
order for tuna to be labeled as dolphin-safe, observers would 
have to certify that no marine mammals were killed. Based on 
information obtained from industry and government sources, CBO 
does not expect the Secretary would use this authority for 
U.S.-registered vessels.
    H.R. 408 would require U.S. tuna vessels fishing in the ETP 
to comply with tracking and verification procedures to separate 
dolphin-safe and dolphin-unsafe tuna. In addition, each tuna 
vessel in the ETP would be required to register for a dolphin 
mortality limit with the IATTC. Based on information provided 
by industry experts, CBO does not expect these requirements to 
entail significant costs to the U.S. tuna industry.
    Section 5 of the bill includes provisions that would codify 
existing regulations of the National Oceanic and Atmospheric 
Administration. These include provisions that would require the 
use of certain gear and procedures and would require vessels to 
obtain permits from the Secretary of Commerce for the 
incidental taking of marine mammals.
    Section 6 of the bill would encourage the Secretary of 
State to establish a bycatch reduction program that would 
include the live release of threatened and endangered species, 
and measures to reduce the harvest and mortality of nontarget 
species and the mortality of juvenile tuna. Based on 
information provided by the U.S. Department of State, CBO does 
not expect that such a program, if established, would result in 
measurable costs to the private sector.
    H.R. 408 would lift the existing prohibition on U.S. 
vessels setting nets on dolphins in the ETP as long as vessels 
comply with all appropriate regulations. The bill also would 
lift the ban on the importation and sale of dolphin-unsafe tuna 
from countries participating in the International Dolphin 
Conservation Program. Overall, CBO estimates that enacting this 
bill would result in decreased costs to the private sector.
    Estimate prepared by: Federal Costs: Victoria V. Heid and 
Gary Brown. Revenues: Stephanie Weiner. Impact on the Private 
Sector: Lesley Frymier.
    Estimate approved by: Paul N. Van de Water, Assistant 
Director for Budget Analysis.

                    Compliance With Public Law 104-4

    H.R. 408 contains no unfunded mandates.

         Changes in Existing Law Made by the Bill, as Reported

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

                  MARINE MAMMAL PROTECTION ACT OF 1972

          * * * * * * *

                            TABLE OF CONTENTS

Sec. 2. Findings and declaration of policy.
Sec. 3. Definitions.
     * * * * * * *

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

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

          TITLE III--INTERNATIONAL DOLPHIN CONSERVATION PROGRAM

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

                              Definitions

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

         TITLE I--CONSERVATION AND PROTECTION OF MARINE MAMMALS

                       Moratorium and Exceptions

  Sec. 101. (a) There shall be a moratorium on the taking and 
importation of marine mammals and marine mammal products, 
commencing on the effective date of this Act, during which time 
no permit may be issued for the taking of any marine mammal and 
no marine mammal or marine mammal product may be imported into 
the United States except in the following cases:
          (1) * * *
          (2) Marine mammals may be taken incidentally in the 
        course of commercial fishing operations and permits may 
        be issued therefor under section 104 subject to 
        regulations prescribed by the Secretary in accordance 
        with section 103, or in lieu of such permits, 
        authorizations may be granted therefor under section 
        118, subject to regulations prescribed under that 
        section by the Secretary without regard to section 103. 
        Such authorizations may also be granted under title III 
        with respect to the yellowfin tuna fishery of the 
        eastern tropical Pacific Ocean, subject to regulations 
        prescribed under that title by the Secretary without 
        regard to section 103. In any event it shall be the 
        immediate goal that the incidental kill or incidental 
        serious injury of marine mammals permitted in the 
        course of commercial fishing operations be reduced to 
        insignificant levels approaching a zero mortality and 
        serious injury rate[; provided that this goal shall be 
        satisfied in the case of the incidental taking of 
        marine mammals in the course of purse seine fishing for 
        yellowfin tuna by a continuation of the application of 
        the best marine mammal safety techniques and equipment 
        that are economically and technologically practicable]. 
        The Secretary of the Treasury shall ban the importation 
        of commercial fish or products from fish which have 
        been caught with commercial fishing technology which 
        results in the incidental kill or incidental serious 
        injury of ocean mammals in excess of United States 
        standards. For purposes of applying the preceding 
        sentence, the Secretary--
                  (A) * * *
                  [(B) in the case of yellowfin tuna harvested 
                with purse seines in the eastern tropical 
                Pacific Ocean, and products therefrom, to be 
                exported to the United States, shall require 
                that the government of the exporting nation 
                provide documentary evidence that--
                          [(i) the government of the harvesting 
                        nation has adopted a regulatory program 
                        governing the incidental taking of 
                        marine mammals in the course of such 
                        harvesting that is comparable to that 
                        of the United States; and
                          [(ii) the average rate of that 
                        incidental taking by the vessels of the 
                        harvesting nation is comparable to the 
                        average rate of incidental taking of 
                        marine mammals by United States vessels 
                        in the course of such harvesting,
        except that the Secretary shall not find that the 
        regulatory program, or the average rate of incidental 
        taking by vessels, of a harvesting nation is comparable 
        to that of the United States for purposes of clause (i) 
        or (ii) of this paragraph unless
                                  [(I) the regulatory program 
                                of the harvesting nation 
                                includes, by no later than the 
                                beginning of the 1990 fishing 
                                season, such prohibitions 
                                against encircling pure schools 
                                of species of marine mammals, 
                                conducting sundown sets, and 
                                other activities as are made 
                                applicable to United States 
                                vessels;
                                  [(II) the average rate of the 
                                incidental taking by vessels of 
                                the harvesting nation is no 
                                more than 2.0 times that of 
                                United States vessels during 
                                the same period by the end of 
                                the 1989 fishing season and no 
                                more than 1.25 times that of 
                                United States vessels during 
                                the same period by the end of 
                                the 1990 fishing season and 
                                thereafter;
                                  [(III) the total number of 
                                eastern spinner dolphin 
                                (Stenella longirostris) 
                                incidentally taken by vessels 
                                of the harvesting nation during 
                                the 1989 and subsequent fishing 
                                seasons does not exceed 15 
                                percent of the total number of 
                                all marine mammals incidentally 
                                taken by such vessels in such 
                                year and the total number of 
                                coastal spotted dolphin 
                                (Stenella attenuata) 
                                incidentally taken by such 
                                vessels in such seasons does 
                                not exceed 2 percent of the 
                                total number of all marine 
                                mammals incidentally taken by 
                                such vessels in such year;
                                  [(IV) the rate of incidental 
                                taking of marine mammals by the 
                                vessels of the harvesting 
                                nation during the 1989 and 
                                subsequent fishing seasons is 
                                monitored by the porpoise 
                                mortality observer program of 
                                the Inter-American Tropical 
                                Tuna Commission or an 
                                equivalent international 
                                program in which the United 
                                States participates and is 
                                based upon observer coverage 
                                that is equal to that achieved 
                                for United States vessels 
                                during the same period, except 
                                that the Secretary may approve 
                                an alternative observer program 
                                if the Secretary determines, no 
                                less than sixty days after 
                                publication in the Federal 
                                Register of the Secretary's 
                                proposal and reasons therefor, 
                                that such an alternative 
                                observer program will provide 
                                sufficiently reliable 
                                documentary evidence of the 
                                average rate of incidental 
                                taking by a harvesting nation; 
                                and
                                  [(V) the harvesting nation 
                                complies with all reasonable 
                                requests by the Secretary for 
                                cooperation in carrying out the 
                                scientific research program 
                                required by section 104(h)(3) 
                                of this title;]
                  (B) in the case of yellowfin tuna harvested 
                with purse seine nets in the eastern tropical 
                Pacific Ocean, and products therefrom, to be 
                exported to the United States, shall require 
                that the government of the exporting nation 
                provide documentary evidence that--
                          (i) the tuna or products therefrom 
                        were not banned from importation under 
                        this paragraph before the effective 
                        date of the International Dolphin 
                        Conservation Program Act;
                          (ii) the tuna or products therefrom 
                        were harvested after the effective date 
                        of the International Dolphin 
                        Conservation Program Act by vessels of 
                        a nation which participates in the 
                        International Dolphin Conservation 
                        Program, such harvesting nation is 
                        either a member of the Inter-American 
                        Tropical Tuna Commission or has 
                        initiated (and within 6 months 
                        thereafter completed) all steps (in 
                        accordance with article V, paragraph 3 
                        of the Convention establishing the 
                        Inter-American Tropical Tuna 
                        Commission) necessary to become a 
                        member of that organization;
                          (iii) such nation is meeting the 
                        obligations of the International 
                        Dolphin Conservation Program and the 
                        obligations of membership in the Inter-
                        American Tropical Tuna Commission, 
                        including all financial obligations;
                          (iv) the total dolphin mortality 
                        permitted under the International 
                        Dolphin Conservation Program will not 
                        exceed 5,000 in 1997, or in any year 
                        thereafter, consistent with the 
                        commitment and objective of 
                        progressively reducing dolphin 
                        mortality to levels approaching zero 
                        through the setting of annual limits 
                        and the goal of eliminating dolphin 
                        mortality; and
                          (v) the tuna or products therefrom 
                        were harvested after the effective date 
                        of the International Dolphin 
                        Conservation Program Act by vessels of 
                        a nation which participates in the 
                        International Dolphin Conservation 
                        Program, and such harvesting nation has 
                        not vetoed the participation by any 
                        other nation in such Program.
          * * * * * * *
  (d) Acceptance of Documentary Evidence.--The Secretary shall 
not accept documentary evidence referred to in section 
101(a)(2)(B) as satisfactory proof for purposes of section 
101(a)(2) if--
          (1) the government of the harvesting nation does not 
        provide directly or authorize the Inter-American 
        Tropical Tuna Commission to release complete and 
        accurate information to the Secretary to allow a 
        determination of compliance with the International 
        Dolphin Conservation Program;
          (2) the government of the harvesting nation does not 
        provide directly or authorize the Inter-American 
        Tropical Tuna Commission to release complete and 
        accurate information to the Secretary in a timely 
        manner for the purposes of tracking and verifying 
        compliance with the minimum requirements established by 
        the Secretary in regulations promulgated under 
        subsection (f) of the Dolphin Protection Consumer 
        Information Act (16 U.S.C. 1385(f)); or
          (3) after taking into consideration this information, 
        findings of the Inter-American Tropical Tuna 
        Commission, and any other relevant information, 
        including information that a nation is consistently 
        failing to take enforcement actions on violations which 
        diminish the effectiveness of the International Dolphin 
        Conservation Program, the Secretary, in consultation 
        with the Secretary of State, finds that the harvesting 
        nation is not in compliance with the International 
        Dolphin Conservation Program.
  (e) Exemption.--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(6) of 
the Magnuson Fishery Conservation and Management Act (16 U.S.C. 
1802(6))) when employed on a foreign fishing vessel of a 
harvesting nation which is in compliance with the International 
Dolphin Conservation Program.
          * * * * * * *

                                Permits

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

                         International Program

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

                     Marine Mammal Research Grants

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

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

         TITLE III--INTERNATIONAL DOLPHIN CONSERVATION PROGRAM

SEC. 301. FINDINGS AND POLICY.

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

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

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

[SEC. 303. RESEARCH PROGRAMS.

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

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

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

[SEC. 305. INTERNATIONAL COMMITMENTS.

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

[SEC. 306. PERMITS FOR TAKING DOLPHINS.

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

SEC. 302. AUTHORITY OF THE SECRETARY.

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

SEC. 303. REPORTS BY THE SECRETARY.

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

SEC. 304. PERMITS.

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

SEC. [307.] 305. PROHIBITIONS.

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

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

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


     SECTION 901 OF THE DOLPHIN PROTECTION CONSUMER INFORMATION ACT

  Sec. 901. (a) Short Title.--This section may be cited as the 
``Dolphin Protection Consumer Information Act''.
          * * * * * * *
  (d) Labeling Standard.--[(1) It is a violation of section 5 
of the Federal Trade Commission Act for any producer, importer, 
exporter, distributor, or seller of any tuna product that is 
exported from or offered for sale in the United States to 
include on the label of that product the term ``Dolphin Safe'' 
or any other term or symbol that falsely claims or suggests 
that the tuna contained in the product was harvested using a 
method of fishing that is not harmful to dolphins if the 
product contains--
                  [(A) tuna harvested on the high seas by a 
                vessel engaged in driftnet fishing; or
                  [(B) tuna harvested in the eastern tropical 
                Pacific Ocean by a vessel using purse seine 
                nets which do not meet the requirements for 
                being considered dolphin safe under paragraph 
                (2).
          [(2) For purposes of paragraph (1)(B), a tuna product 
        that contains tuna harvested in the eastern tropical 
        Pacific Ocean by a fishing vessel using purse seine 
        nets is dolphin safe if--
                  [(A) the vessel is of a type and size that 
                the Secretary has determined is not capable of 
                deploying its purse seine nets on or to 
                encircle dolphin; or
                  [(B)(i) the product is accompanied by a 
                written statement executed by the captain of 
                the vessel which harvested the tuna certifying 
                that no tuna were caught on the trip in which 
                such tuna were harvested using a purse seine 
                net intentionally deployed on or to encircle 
                dolphin;
                  [(ii) the product is accompanied by a written 
                statement executed by--
                          [(I) the Secretary or the Secretary's 
                        designee, or
                          [(II) a representative of the Inter-
                        American Tropical Tuna Commission,
                which states that there was an approved 
                observer on board the vessel during the entire 
                trip and that purse seine nets were not 
                intentionally deployed during the trip on or to 
                encircle dolphin; and
                  [(iii) the statements referred to in clauses 
                (i) and (ii) are endorsed in writing by each 
                exporter, importer, and processor of the 
                product.]
  (1) It is a violation of section 5 of the Federal Trade 
Commission Act for any producer, importer, exporter, 
distributor, or seller of any tuna product that is exported 
from or offered for sale in the United States to include on the 
label of that product the term ``Dolphin Safe'' or any other 
term or symbol that falsely claims or suggests that the tuna 
contained in the product was harvested using a method of 
fishing that is not harmful to dolphins if the product contains 
any of the following:
          (A) Tuna harvested on the high seas by a vessel 
        engaged in driftnet fishing.
          (B) Tuna harvested in the eastern tropical Pacific 
        Ocean by a vessel using purse seine nets unless the 
        tuna is considered dolphin safe under paragraph (2).
          (C) Tuna harvested outside the eastern tropical 
        Pacific Ocean by a vessel using purse seine nets unless 
        the tuna is considered dolphin safe under paragraph 
        (3).
          (D) Tuna harvested by a vessel engaged in any fishery 
        identified by the Secretary pursuant to paragraph (4) 
        as having a regular and significant incidental 
        mortality of marine mammals.
  (2)(A) For purposes of paragraph (1)(B), a tuna product that 
contains tuna harvested in the eastern tropical Pacific Ocean 
by a vessel using purse seine nets is dolphin safe if the 
vessel is of a type and size that the Secretary has determined, 
consistent with the International Dolphin Conservation Program, 
is not capable of deploying its purse seine nets on or to 
encircle dolphins, or if the product meets the requirements of 
subparagraph (B).
  (B) For purposes of paragraph (1)(B), a tuna product that 
contains tuna harvested in the eastern tropical Pacific Ocean 
by a vessel using purse seine nets is dolphin safe if the 
product is accompanied by a written statement executed by the 
captain of the vessel which harvested the tuna certifying that 
no dolphins were killed during the sets in which the tuna were 
caught and the product is accompanied by a written statement 
executed by--
          (i) the Secretary or the Secretary's designee;
          (ii) a representative of the Inter-American Tropical 
        Tuna Commission; or
          (iii) an authorized representative of a participating 
        nation whose national program meets the requirements of 
        the International Dolphin Conservation Program,
which states that there was an observer approved by the 
International Dolphin Conservation Program on board the vessel 
during the entire trip and documents that no dolphins were 
killed during the sets in which the tuna concerned were caught.
  (C) The statements referred to in clauses (i), (ii), and 
(iii) of subparagraph (B) shall be valid only if they are 
endorsed in writing by each exporter, importer, and processor 
of the product, and if such statements and endorsements comply 
with regulations promulgated by the Secretary which would 
provide for the verification of tuna products as dolphin safe.
  (3) For purposes of paragraph (1)(C), tuna or a tuna product 
that contains tuna harvested outside the eastern tropical 
Pacific Ocean by a vessel using purse seine nets is dolphin 
safe if--
          (A) it is accompanied by a written statement executed 
        by the captain of the vessel certifying that no purse 
        seine net was intentionally deployed on or to encircle 
        dolphins during the particular voyage on which the tuna 
        was harvested; or
          (B) in any fishery in which the Secretary has 
        determined that a regular and significant association 
        occurs between marine mammals and tuna, it is 
        accompanied by a written statement executed by the 
        captain of the vessel and an observer, certifying that 
        no purse seine net was intentionally deployed on or to 
        encircle marine mammals during the particular voyage on 
        which the tuna was harvested.
  (4) For purposes of paragraph (1)(D), tuna or a tuna product 
that contains tuna harvested in a fishery identified by the 
Secretary as having a regular and significant incidental 
mortality or serious injury of marine mammals is dolphin safe 
if it is accompanied by a written statement executed by the 
captain of the vessel and, where determined to be practicable 
by the Secretary, an observer participating in a national or 
international program acceptable to the Secretary certifying 
that no marine mammals were killed in the course of the fishing 
operation or operations in which the tuna were caught.
  (5) No tuna product may be labeled with any reference to 
dolphins, porpoises, or marine mammals, unless such product is 
labeled as dolphin safe in accordance with this subsection.
          * * * * * * *
  [(f) Regulations.--The Secretary, in consultation with the 
Secretary of the Treasury, shall issue regulations to implement 
this section not later than 6 months after the date of the 
enactment of this Act, including regulations establishing 
procedures and requirements for ensuring that tuna products are 
labeled in accordance with subsection (d).]
  (f) Tracking and Verification.--The Secretary, in 
consultation with the Secretary of the Treasury, shall issue 
regulations to implement subsection (d) not later than 3 months 
after the date of enactment of the International Dolphin 
Conservation Program Act. 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. 
Such regulations shall, consistent with international efforts 
and in coordination with the Inter-American Tropical Tuna 
Commission, establish a domestic and international tracking and 
verification program that provides for the effective tracking 
of tuna labeled under subsection (d), including but not limited 
to each of the following:
          (1) Specific regulations and provisions addressing 
        the use of weight calculation for purposes of tracking 
        tuna caught, landed, processed, and exported.
          (2) Additional measures to enhance observer coverage 
        if necessary.
          (3) Well location and procedures for monitoring, 
        certifying, and sealing holds above and below deck or 
        other equally effective methods of tracking and 
        verifying tuna labeled under subsection (d).
          (4) Reporting receipt of and database storage of 
        radio and facsimile transmittals from fishing vessels 
        containing information related to the tracking and 
        verification of tuna, and the definition of sets.
          (5) Shore-based verification and tracking throughout 
        the transshipment and canning process by means of 
        Inter-American Tropical Tuna Commission trip records or 
        otherwise.
          (6) Provisions for annual 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 subsection.
          * * * * * * *
                              ----------                              01



                 ATLANTIC TUNAS CONVENTION ACT OF 1975

          * * * * * * *


          reduction of bycatch in eastern tropical pacific ocean


  Sec. 10. The Secretary of State, acting through the 
Comissioners, should immediately take the necessary steps to 
establish standards and measures for a bycatch reduction 
program for vessels fishing for yellowfin tuna in the eastern 
tropical Pacific Ocean. The program shall include to the 
maximum extent practicable--
          (1) that sea turtles and other threatened species and 
        endangered species are released alive, to the maximum 
        extent practicable;
          (2) measures to reduce, to the maximum extent 
        practicable, the harvest of nontarget species;
          (3) measures to reduce, to the maximum extent 
        practicable, the mortality of nontarget species; and
          (4) measures to reduce, to the maximum extent 
        practicable, the mortality of juveniles of the target 
        species.

                    AUTHORIZATION OF APPROPRIATIONS

  Sec. [10.] 11. There are authorized to be appropriated to 
carry out this Act, including use for payment of the United 
States share of the joint expenses of the Commission as 
provided in Article X of the Convention, the following sums:
          (1) For fiscal year 1995, $4,103,000, of which 
        $50,000 are authorized in the aggregate for the 
        advisory committee established under section 4 and the 
        species working groups established under section 4A, 
        and $2,890,000 are authorized for research activities 
        under this Act and the Act of September 4, 1980 (16 
        U.S.C. 971i).
          (2) For fiscal year 1996, $5,453,000, of which 
        $50,000 are authorized in the aggregate for such 
        advisory committee and such working groups, and 
        $4,240,000 are authorized for such research activities.
          (3) For fiscal year 1997, $5,465,000 of which $62,000 
        are authorized in the aggregate for such advisory 
        committee and such working groups, and $4,240,000 are 
        authorized for such research activities.
          (4) For fiscal year 1998, $5,465,000 of which $75,000 
        are authorized in the aggregate for such advisory 
        committee and such working groups, and $4,240,000 are 
        authorized for such research activities.

                              separability

  Sec. [11.] 12. If any provision of this Act or the 
applications of such provision to any circumstance or persons 
shall be held invalid, the validity of the remainder of the Act 
and the applicability of such provision to other circumstances 
or persons shall not be affected thereby.

Sec. [11.] 13. Annual report

  Not later than April 1, 1996, and annually thereafter, the 
Secretary shall prepare and transmit to the Committee on 
Resources of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a report, 
that--
          (1) details for the previous 10-year period the 
        catches and exports to the United States of highly 
        migratory species (including tunas, swordfish, marlin 
        and sharks) from Nations fishing on Atlantic stocks of 
        such species that are subject to management by the 
        Commission;
          (2) identifies those fishing Nations whose harvests 
        are inconsistent with conservation and management 
        recommendations of the Commission;
          (3) describes reporting requirements established by 
        the Secretary to ensure that imported fish products are 
        in compliance with all international management 
        measures, including minimum size requirements, 
        established by the Commission and other international 
        fishery organizations to which the United States is a 
        party; and
          (4) describes actions taken by the Secretary under 
        section 6.

Sec. [12.] 14. Savings clause

  Nothing in this Act shall have the effect of diminishing the 
rights and obligations of any Nation under Article VIII(3) of 
the Convention.
                              ----------                              


                      TUNA CONVENTIONS ACT OF 1950

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

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

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

    H.R. 408 is a deeply flawed bill that undercuts a broadly 
popular mammal protection law because of foreign government 
trade pressure on the United States to weaken our environmental 
standards. Good faith efforts to develop a reasonable 
compromise that would open U.S. markets to tuna caught by 
foreign fleets while protecting the integrity of U.S. 
environmental and consumer protection laws have been spurned. 
The Congress is being told, in effect, take this bill or leave 
it. We believe the sound pro-environment, pro-consumer vote is 
to leave it if reasonable compromise continues to be rejected.
    In October 1995, five environmental organizations announced 
their support for a document which became known as the ``Panama 
Declaration'': the result of their negotiations with the 
government of Mexico on changes to the Marine Mammal Protection 
Act (MMPA) and U.S. tuna labeling law. Until their 
announcement, the Congress, general public, and other 
interested parties had been unaware that these negotiations 
were underway.
    Since that time, numerous efforts have been made by those 
not included in the negotiations--including more than 80 
environmental, labor, and consumer protection organizations--to 
find a compromise on this highly controversial and emotional 
issue. However, the supporters of H.R. 408 have consistently 
argued that the Panama Declaration is an unamendable agreement, 
presented to the Congress under much the same terms as a Fast 
Track agreement. They have rejected any compromise not 
supported by the Mexican government and the Mexican tuna 
industry. We find the substance of this legislation 
unacceptable, and object to the dangerous precedent set by the 
process under which it was brought before the Congress.
    The ``fast track'' analogy is appropriate, since there is 
little doubt that the international trade dispute between 
Mexico and the United States over dolphin protection is the 
driving force behind the legislation. The U.S. Marine Mammal 
Protection Act contains provisions which prohibit imports of 
tuna from nations whose tuna fishing fleets kill more dolphins 
than the U.S. fleet. Public outrage at the high level of 
dolphin slaughter by the eastern Pacific tuna fishery prompted 
the original passage of this provision, and it is clear that 
the American public continues to hold broad support for this 
law. In fact, public outcry against this well-documented 
slaughter has historically been so strong that in 1990 the U.S. 
tuna canning industry announced a voluntary policy of refusing 
to purchase tuna caught by harming or killing dolphins: the now 
well-known ``Dolphin Safe'' label found on cans of tuna sold in 
the United States.
    In response to the U.S. embargo of their canned tuna, in 
1990, Mexico and Venezuela filed a formal complaint with the 
General Agreement on Tariffs and Trade (GATT). The GATT panel 
of judges hearing the Mexican complaint ruled against the 
United States, declaring, among other things, that no nation 
could impose trade restrictions against another (a) based on 
the way a product is harvested or made; or (b) to conserve 
natural resources outside of its territorial jurisdiction. 
Since that time, Mexico has been pressuring the U.S. to change 
its laws and lift the embargoes. It should be noted, however, 
that the GATT panel made no ruling on the dolphin-safe label 
itself. Mexico is aware that American consumers will not choose 
to purchase tuna caught by harming dolphins; therefore, in 
order to gain a large share of the U.S. tuna market, they are 
urging that we dupe American consumers into purchasing tuna 
labeled with a redefined ``Dolphin Safe'' label that has a much 
weaker standard. This label change is contained in H.R. 408.
    The fact that this issue continues to be of major 
importance to international relations between Mexico and the 
U.S.--as evidenced by the strong lobbying of the State 
Department in support of H.R. 408--is an indication that it 
concerns far more than dolphins and a single tuna fishery.
    H.R. 408 is designed to solve a trade problem, not a 
conservation problem. We are concerned that the labeling change 
sets a sweeping and damaging precedent for other U.S. labeling 
laws designed to protect and inform American consumers.
    For example, in response to concerns about the safety of 
imported produce--raised most recently by the importation of 
unlabeled, contaminated strawberries from Mexico--the Congress 
is beginning to consider legislation requiring the country of 
origin to be clearly labeled on both fresh and frozen produce. 
At the same time, other nations and multinational corporations 
are increasingly raising objections to labeling laws--even 
those as simple as requiring that country of origin be clearly 
visible on the front of a package of frozen produce. Some have 
even gone so far as to complain that such labels constitute a 
barrier to trade. Why? Because they know that American 
consumers rely on these labels, and prefer to purchase American 
products.
    Under the current statutory definition of dolphin-safe--
which when enacted in 1990 was supported by the Bush 
Administration and most of the organizations now supporting 
H.R. 408--no tuna product can be labeled ``Dolphin Safe'' if 
caught by chasing, harassing, or netting of dolphins. 
Currently, it is common practice for large tuna purse-seine 
vessels to deploy several speedboats and a helicopter in a 
high-speed, non-stop chase until the exhausted dolphins and the 
tuna swimming with them can be encircled with a net.
    H.R. 408 as adopted by the Committee on Resources would 
change the meaning of dolphin-safe to allow dolphins to be 
injured, chased, and netted without limit. Mothers could be 
separated from their calves, feeding disrupted or prevented, 
animals could even be seriously injured and, provided that no 
dolphins are observed to die during this process, the tuna 
could be labeled with the famous ``Dolphin Safe'' label.
    Marine mammal biologists are divided over the potential 
impact this fishing method may have on dolphin populations. 
Committee staff spoke with several biologists who have studied 
these dolphin populations for years--in some cases, for more 
than a decade--and those biologists have expressed serious 
concerns about the ramifications of changing the dolphin-safe 
definitionwhile also opening U.S. markets to all tuna caught 
under international agreement in the eastern Pacific. The change would 
certainly increase the effort to catch tuna through the chasing and 
netting of dolphins.
    The two dolphin stocks most frequently chased and netted 
during tuna fishing--the eastern spinner and the northern 
offshore spotted dolphin--are at 20% or less of their original 
population sizes, according to biologists from the National 
Marine Fisheries Service. Although mortalities of these two 
stocks have been reduced greatly in recent years, neither stock 
is increasing. The best that biologists can tell us is that, if 
mortalities remain at their current low levels, the depleted 
dolphin stocks should increase. The fact that mortalities 
remain low but stocks are not currently increasing may be due 
to the effects of chase and netting. Committee Democrats have 
urged that Congress authorize a study to determine the possible 
effects of chase and encirclement and the status of dolphin 
stocks prior to changing the law.
    The Committee Majority rejected this amendment, based on 
sound scientific advice, and chose instead to change the law 
first and study the effects later. The Majority could offer no 
better defense for their adherence to Mexico's insistence on a 
definition change than that no studies had been conducted to 
indicate that the process was not safe for dolphins. We find 
this defense short-sighted, and suggest that the above 
information on dolphin stocks demonstrates that the little 
evidence we have on this issue indicates that the wiser course 
would be the opposite of that chosen by the Committee. Applying 
the Majority's views to other products would support, for 
example, the application of a ``Child Safe'' label to toys 
provided that no studies had been conducted to prove them 
harmful to children. We believe this standard sets a dangerous 
precedent for other consumer information programs, and cannot 
support any legislation containing this provision.
    H.R. 408 would also authorize a doubling of the number of 
dolphin permitted to be killed by this fishery. Over the last 
six years, Mexico and the other nations fishing in the eastern 
Pacific have drastically reduced their level of dolphin 
mortality, to 2,574 animals in 1996. Yet H.R. 408--while 
claiming a goal of reducing dolphin mortality to zero--would 
allow the fishing nations to kill 5000 dolphins annually and 
still import their tuna into the U.S. An amendment was offered 
by Mr. Miller to H.R. 408 which would have reduced the quota of 
dolphin kills allowed by the bill from 5000 to 2,574. Mr. 
Miller argued that, since the proponents of H.R. 408 claim that 
the goal of the legislation is to eventually reduce dolphin 
deaths to zero, it made little sense to begin by increasing the 
mortality quota to double the actual kill level. The amendment 
was rejected by the Committee Majority.
    It is clear from a close examination of this legislation 
that it is a misguided effort to resolve a trade dispute while 
weakening U.S. environmental protection and consumer 
information standards, and should be rejected unless its flaws 
are corrected.

                                   George Miller.
                                   Frank Pallone.
                                   Maurice Hinchey.
                                   Eni Faleomavaega.
                                   Dale E. Kildee.
                                   Sam Farr.
                                   William Delahunt.
                                   Peter DeFazio.
                                   Neil Abercrombie.
                                   Patrick J. Kennedy.
                            A P P E N D I X

                              ----------                              

                          House of Representatives,
                                     Committee on Commerce,
                                    Washington, DC, April 23, 1997.
Hon. Don Young,
Chairman, Committee on Resources, Longworth House Office Building, 
        House of Representatives, Washington, DC.
    Dear Mr. Chairman: On April 16, 1997, the Committee on 
Resources ordered reported H.R. 408, the ``International 
Dolphin Conservation Program Act.'' This measure, just as H.R. 
2823 from the 104th Congress, provides for the implementation 
of the Declaration of Panama signed in 1995 by the United 
States and 11 other nations.
    H.R. 408 includes several provisions within the 
jurisdiction of the Committee on Commerce. In implementing the 
Declaration, the bill amends the ``Dolphin Consumer Information 
Act of 1989,'' on which the Commerce Committee took action 
during the 101st Congress. The 1989 Act was incorporated into 
the reauthorization bill for the Magnuson Fishery Conservation 
and Management Act (Pub. L. 101-627). H.R. 408 provides for 
implementation of the Declaration in an effort to increase 
international participation in activities to reduce the number 
of dolphins and other marine mammals that die each year as a 
result of tuna fishing techniques. The Act would modify the 
definition of ``dolphin safe'' for the purpose of labeling tuna 
products sold in the United States, and alter current 
regulations on the importation of tuna products. Also, the bill 
would make misuse of the ``dolphin safe'' label an unfair and 
deceptive trade practice under Section 5 of the Federal Trade 
Commission Act.
    Recognizing your Committee's desire to bring this 
legislation expeditiously before the House, I will not seek a 
sequential referral of the bill. However, by agreeing not to 
seek a sequential referral, this Committee does not waive its 
jurisdictional interest in any matter within its purview. I 
reserve the right to seek equal conferees on all provisions of 
the bill that are within my Committee's jurisdiction during any 
House-Senate conference that may be convened on this 
legislation. I want to thank you and your staff for your 
assistance in providing the Commerce Committee with an 
opportunity to review its jurisdictional interests in H.R. 408.
    I would appreciate your including this letter as a part of 
the Resource Committee's report on H.R. 2823, and as part of 
the record during consideration of this bill by the House.
            Sincerely,
                                    Thomas J. Bliley Jr., Chairman.