Authorization of Appropriations 16 U.S.C. 1407 Sec. 207. There are authorized to be appropriated to the Marine Mammal Commission, for purposes of carrying out this title, $1,500,000 for fiscal year 1994, $1,550,000 for fiscal year 1995, $1,600,000 for fiscal year 1996, $1,650,000 for fiscal year 1997, $1,700,000 for fiscal year 1998, and $1,750,000 for fiscal year 1999.100 TITLE III-Global Moratorium to Prohibit (1) The yellowfin tuna fishery of the eastern tropical Pacific Ocean has resulted in the deaths of millions of dolphins. (2) Significant awareness and increased concern for the health and safety of dolphin populations has encouraged a change in fishing methods worldwide. (3) United States tuna fishing vessels have led the world in the development of fishing methods to reduce dolphin mortalities in the eastern tropical Pacific Ocean and United States tuna processing companies have voluntarily promoted the marketing of tuna that is dolphin safe. (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. (1) eliminate the marine mammal mortality resulting from the intentional encirclement of dolphins and other marine mammals in tuna purse seine fisheries; (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; (4) secure appropriate multilateral agreements to ensure that United States tuna fishing vessels shall have continued access to productive tuna fishing grounds in the South Pacific Ocean and elsewhere; and (5) encourage observer coverage on purse seine vessels fishing for tuna outside of the eastern tropical Pacific Ocean 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. International Agreements to Establish Global Moratorium to Prohibit Certain Tuna Harvesting Practices 16 U.S.C. 1412 Sec. 302. (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. Research Programs 16 U.S.C. 1413 Sec. 303. (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. (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) Limitations 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. lished under section 201 shall The Marine Mammal Commission estab (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. Reviews, Reports, and Recommendations 16 U.S.C. 1414 Sec. 304. (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. |