CODIFICATION

Another section 302 of Pub. L. 92-522 was renumbered section 402 and is classified to section 1421a of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1413, 1414, 1415, 1416, 1417 of this title.

§ 1413. Research programs (a) In general

An agreement entered into under section 1412 of this title 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 1415(a)(2) of this title 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 1412 of this title 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) În general

An agreement entered into under section 1412 of this title 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 1412 of this title shall provide that the proceeds of any tuna harvested for the purpose of research conducted pursuant to this sec

tion 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 1401 of this title 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.

(Pub. L. 92-522, title III, § 303, as added Pub. L. 102-523, § 2(a), Oct. 26, 1992, 106 Stat. 3426.)

CODIFICATION

Another section 303 of Pub. L. 92-522 was renumbered section 403 and is classified to section 1421b of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1414, 1418 of this title.

§ 1414. Reviews, reports, and recommendations (a) Reports by Secretary

The Secretary shall submit annual reports to the Congress which include

(1) results of research conducted pursuant to section 1413 of this title;

(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 1412 of this title;

(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 1415(c) of this title;

(6) copies of any international agreements or undertakings authorized by or related to this subchapter;

(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 Secretary

If a competent regional organization under the auspices of which research is conducted pursuant to section 1413 of this title, 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 1412 of this

title 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.

(Pub. L. 92-522, title III, § 304, as added Pub. L. 102-523, § 2(a), Oct. 26, 1992, 106 Stat. 3428.)

CODIFICATION

Another section 304 of Pub. L. 92-522 was renumbered section 404 and is classified to section 1421c of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1412, 1415 of this title.

§ 1415. International commitments

(a) Limitation on application of ban on imports

Except as provided in subsection (b) of this section, the Secretary of the Treasury shall not, under section 1371(a)(2)(A) and (B) of this title, 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 1412(c) of this title;

(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) of this section is fully implementing those commit

ments. 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) of this section or has taken the necessary actions to remedy its failure to comply with the commitments described in subsection (a)(2), (3), and (4) of this section; 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) "Base year" defined

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) of this section.

(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) of this section, 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 1414(a) of this title.

(Pub. L. 92-522, title III, § 305, as added Pub. L. 102-523, § 2(a), Oct. 26, 1992, 106 Stat. 3428.)

CODIFICATION

Another section 305 of Pub. L. 92-522 was renumbered section 405 and is classified to section 1421d of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1413, 1414, 1417 of this title.

§ 1416. Permits for taking dolphins

(a) Additional restrictions under general permit

Notwithstanding section 1374(h) of this title, 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 1412 of this title 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 1412 of this title 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 1412 of this title shall not supersede or be interpreted to supersede any provision of this chapter under which a permit under this chapter is required for activities conducted pursuant to this subchapter.

(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 October 26, 1992, has an active purse seine tuna fishing fleet of 20 or more vessels.

(Pub. L. 92-522, title III, § 306, as added Pub. L. 102-523, § 2(a), Oct. 26, 1992, 106 Stat. 3430.)

CODIFICATION

Another section 306 of Pub. L. 92-522 was renumbered section 406 and is classified to section 1421e of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1374, 1417 of this title.

§ 1417. 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 1412(c)(2) of this title; 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 1416(a) of this title), notwithstanding any agreement under section 1412 of this title with a country that is not a major purse seine tuna fishing country (as that term is defined in section 1416(c) of this title);

(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 1415(b)(1) or (2) of this title;

(4) for any person to violate any regulation promulgated under this subchapter;

(5) for any person to refuse to permit any duly authorized officer to board a vessel subject to that person's control for purposes of conducting any search or inspection in connection with the enforcement of this subchapter; and

(6) for any person to assault, resist, oppose, impede, intimidate, or interfere with any such authorized officer in the conduct of any search or inspection described in paragraph (5).

(b) Penalties

(1) Civil penalty

A person that knowingly and willfully violates subsection (a)(1), (2), (3), (4), or (5) of this section shall be subject to a civil penalty under section 1375(a) of this title.

(2) Criminal penalty

A person that knowingly and willfully violates subsection (a)(6) of this section shall be subject to a criminal penalty under section 1375(b) of this title.

(c) Civil forfeitures

Any vessel (including its fishing gear, appurtenances, stores, and cargo) used, and any fish (or its fair market value) taken or retained, in any manner, in connection with or as a result of the commission of any act prohibited by this section shall be subject to forfeiture to the United States in the manner provided in section 1860 of this title.

(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 section 1385 of this title;

(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, certify. ing that no purse seine net was intentionally deployed on or to encircle marine mammals during the particular voyage on which the tuna was harvested.

(Pub. L. 92-522, title III, § 307, as added Pub. L. 102-523, § 2(a), Oct. 26, 1992, 106 Stat. 3431.)

REFERENCES IN TEXT

Section 4003 of the Driftnet Impact, Monitoring, Assessment, and Control Act of 1987, referred to in subsec. (d)(1), is section 4003 of Pub. L. 100-220, which is set out as a note under section 1822 of this title.

CODIFICATION

Another section 307 of Pub. L. 92-522 was renumbered section 407 and is classified to section 1421f of this title.

§ 1418. Authorization of appropriations

There are authorized to be appropriated to the National Marine Fisheries Service for carrying out section 1413 of this title, $3,000,000 for each of the fiscal years 1993, 1994, 1995, 1996, 1997, and 1998.

(Pub. L. 92-522, title III, § 308, as added Pub. L. 102-523, § 2(a), Oct. 26, 1992, 106 Stat. 3432.)

CODIFICATION

Another section 308 of Pub. L. 92-522 was renumbered section 408 and is classified to section 1421g of this title.

SUBCHAPTER V-MARINE MAMMAL HEALTH AND STRANDING RESPONSE

SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in sections 1362, 1372, 1379, 1382, 1384 of this title.

§ 1421. Establishment of Program (a) Establishment

The Secretary shall, in consultation with the Secretary of the Interior, the Marine Mammal Commission, and individuals with knowledge and experience in marine science, marine mammal science, marine mammal veterinary and husbandry practices, and marine conservation, including stranding network participants, establish a program to be known as the "Marine Mammal Health and Stranding Response Program”.

(b) Purposes

The purposes of the Program shall be to

(1) facilitate the collection and dissemination of reference data on the health of marine mammals and health trends of marine mammal populations in the wild;

(2) correlate the health of marine mammals and marine mammal populations, in the wild, with available data on physical, chemical, and biological environmental parameters; and

(3) coordinate effective responses to unusual mortality events by establishing a process in the Department of Commerce in accordance with section 1421c of this title.

(Pub. L. 92-522, title IV, § 401, formerly title III, § 301, as added Pub. L. 102-587, title III, §3003(a), Nov. 4, 1992, 106 Stat. 5060; renumbered title IV, § 401, and amended Pub. L. 103-238, § 24(b), (c)(1), Apr. 30, 1994, 108 Stat. 565, 566.)

AMENDMENTS

1994-Subsec. (b)(3). Pub. L. 103-238, § 24(c)(1), made technical amendment to reference to section 1421c of this title to reflect renumbering of corresponding section of original act.

FINDINGS

Section 3002 of Pub. L. 102-587 provided that: "The Congress finds the following:

"(1) Current stranding network participants have performed an undeniably valuable and ceaseless job of responding to marine mammal strandings over the last 15 years.

"(2) Insufficient understanding of the connection between marine mammal health and the physical, chemical, and biological parameters of their environment prevents an adequate understanding of the causes of marine mammal unusual mortality events. "(3) An accurate assessment of marine mammal health, health trends in marine mammal populations in the wild, and causes of marine mammal unusual mortality events cannot be made without adequate reference data on marine mammals and the environment in which they live.

"(4) A systematic assessment of the sources, presence, levels, and effects of potentially harmful contaminants on marine mammals would provide a better understanding of some of the causes of marine mammal unusual mortality events and may serve as an indicator of the general health of our coastal and marine environments.

"(5) Responses to marine mammal unusual mortality events are often uncoordinated, due to the lack of sufficient contingency planning.

"(6) Standardized methods for the reporting of dying, dead, or otherwise incapacitated marine mammals in the wild would greatly assist in the determination of the causes of marine mammal unusual mortality events and enhance general knowledge of marine mammal species.

"(7) A formal system for collection, preparation, and archiving of, and providing access to, marine mammal tissues will enhance efforts to investigate the health of marine mammals and health trends of marine mammal populations, and to develop reference data.

"(8) Information on marine mammals, including results of analyses of marine mammal tissues, should be broadly available to the scientific community, including stranding network participants, through a marine mammal data base."

§ 1421a. Determination; data collection and dissemination

(a) Determination for release

The Secretary shall, in consultation with the Secretary of the Interior, the Marine Mammal Commission, and individuals with knowledge and experience in marine science, marine mammal science, marine mammal veterinary and husbandry practices, and marine conservation, including stranding network participants, develop objective criteria, after an opportunity for public review and comment, to provide guidance for determining at what point a rehabilitated marine mammal is releasable to the wild.

(b) Collection

The Secretary shall, in consultation with the Secretary of the Interior, collect and update, periodically, existing information on—

(1) procedures and practices for

(A) rescuing and rehabilitating stranded marine mammals, including criteria used by stranding network participants, on a species-by-species basis, for determining at what point a marine mammal undergoing rescue and rehabilitation is returnable to the wild; and

(B) collecting, preserving, labeling, and transporting marine mammal tissues for physical, chemical, and biological analyses;

(2) appropriate scientific literature on marine mammal health, disease, and rehabilitation;

(3) strandings, which the Secretary shall compile and analyze, by region, to monitor species, numbers, conditions, and causes of illnesses and deaths of stranded marine mammals; and

(4) other life history and reference level data, including marine mammal tissue analyses, that would allow comparison of the causes of illness and deaths in stranded marine mammals with physical, chemical, and biological environmental parameters.

(c) Availability

The Secretary shall make information collected under this section available to stranding network participants and other qualified scientists. (Pub. L. 92-522, title IV, § 402, formerly title III, § 302, as added Pub. L. 102-587, title III, § 3003(a), Nov. 4, 1992, 106 Stat. 5061; renumbered title IV, § 402, Pub. L. 103-238, § 24(b), Apr. 30, 1994, 108 Stat. 565.)

IMPLEMENTATION

Section 3003(b) of Pub. L. 102-587 provided that: "The Secretary of Commerce shall

"(1) in accordance with section 302(a) and (b) [now 402(a), (b)] of the Marine Mammal Protection Act of 1972 [16 U.S.C. 1421a(a), (b)], as amended by this Act, and not later than 24 months after the date of enactment of this Act [Nov. 4, 1992]

"(A) develop and implement objective criteria to determine at what point a marine mammal undergoing rehabilitation is returnable to the wild; and "(B) collect and make available information on marine mammal health and health trends; and "(2) in accordance with section 304(b) [now 404(b)] of the Marine Mammal Protection Act of 1972 [16 U.S.C. 1421c(b)], as amended by this Act, issue a detailed contingency plan for responding to any unusual mortality event

"(A) in proposed form by not later than 18 months after the date of enactment of this Act; and

"(B) in final form by not later than 24 months after the date of enactment of this Act."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1374 of this title.