International Dolphin Conservation Act of 1992

Summary

International Dolphin Conservation Act of 1992 - Amends the Marine Mammal Protection Act of 1972 to authorize entering into international agreements establishing a global moratorium, for at least five years, prohibiting harvesting tuna using purse seine nets deployed on or to encircle dolphins or other marine mammals. Allows moratorium termination with respect to the United States before the year 2000 only if the Secretary of Commerce so recommends and the Congress approves. Specifies elements to be contained in such agreements, including requirements for: (1) research regarding tuna fishing methods; (2) review of research proposals by a competent regional organization; (3) the conduct of research by dedicated vessels, approved and observed by a component regional organization; (4) specified limits on the number of research sets and the total annual dolphin mortality; (5) establishment by the Inter-American Tropical Tuna Commission of a panel to report on limit compliance and an Advisory Board to guide research; (6) fair funding mechanisms for the research; (7) use of the proceeds from harvested tuna for the research; and (8) limiting use of U.S. funds to research on fishing methods not involving setting nets on dolphins. Requires review of all research proposals by the Marine Mammal Commission. Requires the Secretary, in certain circumstances, to recommend to the Congress whether the moratorium should be terminated. Prohibits a ban on the importation of yellowfin tuna or yellowfin tuna products from a nation which implements the moratorium and meets other requirements. Mandates such a ban regarding nations which do not implement the moratorium and the other requirements. Mandates a ban on the importation of fish and fish products (whose aggregate value is at least 40 percent of the aggregate value of all fish and fish products imported) from any nation that, 60 days after the tuna ban, still fails to implement all the requirements. Deems the failure of the Secretary to certify implementation to be a certification under the Fishermen's Protective Act of 1967. Imposes additional restrictions on the general permit issued to the American Tunaboat Association, including: (1) limiting total dolphin mortalities; (2) prohibiting deploying purse seine nets on or encircling dolphin schools including certain types of dolphin; and (3) terminating the permit on a specified date. Declares that an international agreement under this Act shall not supersede any provisions of the Act requiring a permit. Makes unlawful certain acts, including: (1) selling, purchasing, or transporting in the United States any tuna or tuna product that is not dolphin safe; (2) purposefully setting a purse seine net on or to encircle any marine mammal during tuna fishing; or (3) prohibiting, resisting, or interfering with inspections. Imposes civil and criminal penalties and subjects vessels, cargo, and fish to forfeiture for violations. Defines dolphin safe to mean: (1) not harvested using driftnets; and (2) depending on where harvested, either dolphin safe under specified provisions of the Dolphin Protection Consumer Information Act or certified as not harvested using purse seine nest set on or encircling dolphins. Authorizes appropriations to carry out provisions mandating inclusion in the agreements of research programs. Provides for a finding that a nation which imports yellowfin tuna and exports yellowfin tuna to the United States is not an intermediary nation. Amends the Tuna Conventions Act to require that, of the U.S. representatives on the International Commission for the Scientific Investigation of Tuna and the Inter-American Tropical Tuna Commission, at least one be chosen from a nongovernmental conservation organization. Requires that the members of a related advisory committee be selected, in addition to other sources, from such an organization. Amends the South Pacific Tuna Act of 1988 to authorize appropriations to carry out a specified Treaty on Fisheries Between the Governments of Certain Pacific Island States and the United States and to carry out the Act.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

1. 22 July 1992

   Introduced

   Read twice and referred to the Committee on Commerce.

   Source: IntroReferral

2. 22 July 1992

   Introduced

   Introduced in Senate

   Source: IntroReferral

3. 23 July 1992

   Committee

   Committee on Commerce. Hearings held.

   Source: Committee

Votes

No vote records are attached yet.

Versions

• Introduced in Senate · undated · Official file

Documents

2 official files

• Introduced in Senate (text)

  Introduced in Senate · EN

  ViewDownloadOpen at official source

• Introduced in Senate

  summary · EN · 22 July 1992

  Open at official source

Sponsors

• Sen. Kerry, John F. [D-MA] · D · Sponsor
• Sen. Cranston, Alan [D-CA] · D · Cosponsor
• Sen. Inouye, Daniel K. [D-HI] · D · Cosponsor
• · sscm00 · Standing

Related records

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