A bill to amend the Marine Mammal Protection Act of 1972 to support International Dolphin Conservation Program in the eastern tropical Pacific Ocean, and for other purposes.
International Dolphin Conservation Program Act - Amends the Marine Mammal Protection Act of 1972 to allow authorizations for the incidental taking of marine mammals during commercial yellowfin tuna fishing in the eastern tropical Pacific Ocean. Removes provisions requiring that, for purse seine yellowfin fishing, the goal of reducing incidental kill or serious injury to insignificant levels approaching zero be satisfied by the best safety techniques and equipment economically and technologically practicable.
(Sec. 4) Modifies requirements regarding export by another nation to the United States of yellowfin tuna harvested with purse seine nets in the eastern tropical Pacific Ocean. Exempts a U.S. citizen from the Act in specified circumstances. Changes requirements regarding the issuance of general permits for the taking of marine mammals.
Mandates negotiations to revise the Convention for the Establishment of an Inter-American Tropical Tuna Commission regarding: (1) provisions in the Declaration of Panama and the Straddling Fish Stocks and Highly Migratory Fish Stocks Agreement; and (2) a revised schedule of annual contributions to the Commission. Requires discussions with countries participating (or likely to participate) in the International Dolphin Conservation Program to identify funding sources for research and other measures promoting protection of marine species and the marine ecosystem.
Amends the Dolphin Protection Consumer Information Act regarding the circumstances in which tuna products may be labeled "Dolphin Safe," including allowing such labeling if (among other qualifying circumstances): (1) with regard to harvesting in the eastern tropical Pacific Ocean, the vessel's captain and a Program-approved observer state that no dolphins were killed during the sets in which that tuna was caught; and (2) with regard to harvesting outside the eastern tropical Pacific Ocean, the vessel's captain (or in certain circumstances the captain and an observer) states that no purse seine net was intentionally deployed on or to encircle dolphins during the voyage. Mandates implementing regulations, including regulations ensuring the confidentiality of proprietary information and establishing a domestic tracking and verification program addressing the use of weight calculation, well location, and other matters.
(Sec. 5) Amends the Marine Mammal Protection Act of 1972 to declare that it is U.S. policy to support the International Dolphin Conservation Program and to ensure that the U.S. market does not act as an incentive to tuna harvesting that is not in compliance with the Program.
Mandates regulations to authorize and govern the incidental taking of marine mammals in the eastern tropical Pacific Ocean, including any species designated as depleted under the Marine Mammal Protection Act of 1972 but not listed as endangered or threatened under the Endangered Species Act. Mandates emergency regulations in certain circumstances.
Requires undertaking or supporting scientific research to further the Program's goals. Authorizes appropriations to study and report to a specified congressional committee on the effect of chase and encirclement on the health and biology of dolphin and dolphin populations taken during purse seine yellowfin tuna fishing in the eastern tropical Pacific Ocean. Repeals existing research program provisions.
Repeals provisions relating to bans on imports from countries failing to implement a moratorium on purse seine harvesting of tuna.
Replaces provisions concerning permits for taking dolphins with provisions mandating issuance of a permit to a U.S. vessel authorizing participation in the Program. Prohibits U.S. vessels from operating in the eastern tropical Pacific Ocean yellowfin tuna fishery without such a permit. Authorizes permit sanctions for violations of prohibited acts provisions of the Act. Modifies the list of prohibited acts. Mandates criminal penalties for refusing to permit an authorized officer to board a vessel to search or inspect in connection with enforcement of provisions relating to a global moratorium to prohibit certain tuna harvesting practices.
(Sec. 6) Amends the Tuna Conventions Act to modify the composition of the U.S. representation on the International Commission for the Scientific Investigation of Tuna and the Inter-American Tropical Tuna Commission. Modifies requirements regarding a related advisory committee.
Received in the Senate and read twice and referred to the Committee on Commerce.
Introduced in Senate
Sponsor introductory remarks on measure. (CR S17339-17340)
Read twice and referred to the Committee on Commerce.
Subcommittee on Oceans and Fisheries. Hearings held.
Committee on Commerce. Ordered to be reported with an amendment favorably.
Committee on Commerce. Reported to Senate by Senator Pressler with amendments. With written report No. 104-373.
Committee on Commerce. Reported to Senate by Senator Pressler with amendments. With written report No. 104-373.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 637.
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