§ 1411. — Findings and policy.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1411]
TITLE 16--CONSERVATION
CHAPTER 31--MARINE MAMMAL PROTECTION
SUBCHAPTER IV--INTERNATIONAL DOLPHIN CONSERVATION PROGRAM
Sec. 1411. Findings and policy
(a) Findings
The Congress finds the following:
(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 demonstrated their willingness to participate in
appropriate multilateral agreements to reduce dolphin mortality
progressively to a level approaching zero through the setting of
annual limits, with the goal of 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) eliminate the marine mammal mortality resulting from the
intentional encirclement of dolphins and other marine mammals in
tuna purse seine fisheries;
(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 not
operating in compliance with the International Dolphin Conservation
Program;
(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.
(Pub. L. 92-522, title III, Sec. 301, as added Pub. L. 102-523,
Sec. 2(a), Oct. 26, 1992, 106 Stat. 3425; amended Pub. L. 105-42,
Sec. 6(b), Aug. 15, 1997, 111 Stat. 1129.)
Codification
Another section 301 of Pub. L. 92-522 was renumbered section 401 and
is classified to section 1421 of this title.
Amendments
1997--Subsec. (a)(4). Pub. L. 105-42, Sec. 6(b)(1), added par. (4)
and struck out former par. (4) which read as follows: ``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.''
Subsec. (b)(2), (3). Pub. L. 105-42, Sec. 6(b)(2), added pars. (2)
and (3) and struck out former pars. (2) and (3) which read as follows:
``(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;''.
Effective Date of 1997 Amendment
For effective date of amendment by Pub. L. 105-42, see section 8 of
Pub. L. 105-42, set out as a note under section 1362 of this title.
