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United States · Law · HR

H.R. 5419 (102nd)

International Dolphin Conservation Act of 1992

enactedUnited States· United States Congress· EN

Introduced

17 June 1992

Last action

Status

Became Public Law No: 102-523.

Sponsors

Subjects

Discovery layer

Source updated

14 January 2025

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 country which implements the moratorium and meets other requirements. Mandates such a ban regarding countries which do not implement the moratorium and the other requirements. Mandates, a specified period after the tuna ban, a ban on the importation of all fish and fish products, except shrimp and shrimp products, from a country that still fails to implement all the requirements. 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; 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 nets set on or encircling dolphins. Authorizes appropriations to carry out provisions mandating inclusion in the agreements of research programs. Amends the Tuna Conventions Act of 1950 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 national conservation, environmental, or animal welfare nongovernmental 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 Government of the United States of America and to carry out the Act.

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11 official files

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