Dolphin Protection …

                                        Dolphin Protection

                                                16 U.S.C. 1385

Sec. [ ] (a) SHORT TITLE. -- This section may be cited as the "Dolphin Protection Consumer Information
Act".

(b) FINDINGS. -- The Congress finds that--

   (1) dolphins and other marine mammals are frequently killed in the course of tuna fishing operations in the
eastern tropical Pacific Ocean and high seas driftnet fishing in other parts of the world;

   (2) it is the policy of the United States to support a worldwide ban on high seas driftnet fishing, in part
because of the harmful effects that such driftnets have on marine mammals, including dolphins; and

   (3) consumers would like to know if the tuna they purchase is falsely labeled as to the effect of the
harvesting of the tuna on dolphins.

(c) DEFINITIONS. -- For the purposes of this section--

   (1) the terms "driftnet" and "driftnet fishing" have the meanings given those terms in section 4003 of the
Driftnet Impact Monitoring, Assessment, and Control Act of 1987 (16 U.S.C. 1822 note);

   (2) the term "eastern tropical Pacific Ocean" means the area of the Pacific Ocean bounded by 40 degrees
north latitude, 40 degrees south latitude, 160 degrees west longitude, and the western coastlines of North,
Central, and sought America;

   (3) the term "label" means a display of written, printed, or graphic matter on or affixed to the immediate
container of any article;

   (4) the term "Secretary" means the Secretary of Commerce; and

    (5) the term "tuna product" means a food item which contains tuna and which has been processed for retail
sale, except perishable sandwiches, salads, or other products with a shelf life less than 3 days.

(d) LABELING STANDARD. --

    (1) It is a violation of section 5 of the Federal Trade Commission Act (15 U.S.C. 45) for any producer,
importer, exporter, distributor, or seller of any tuna product that is exported from or offered for sale in the
United States to include on the label of that product the term "dolphin safe" or any other term or symbol that
falsely claims or suggests that the tuna contained in the product were harvested using a method of fishing that
is not harmful to dolphins if the product contains tuna harvested--

        (A) on the high seas by a vessel engaged in driftnet fishing;
        (B) outside the eastern tropical Pacific Ocean by a vessel using purse seine nets--

            (i) in a fishery in which the Secretary has determined that a regular and significant association
        occurs between dolphins and tuna (similar to the association between dolphins and tuna in the eastern
        tropical Pacific Ocean), unless such product is accompanied by a written statement, executed by the
        captain of the vessel and an observer participating in a national or international program acceptable
        to the Secretary, certifying that no purse seine net was intentionally deployed on or used to encircle
        dolphins during the particular voyage on which the tuna were caught and no dolphins were killed or
        seriously injured in the sets in which the tuna were caught; or

            (ii) in any other fishery (other than a fishery described in subparagraph (D)) unless the product
        is accompanied by a written statement executed by the captain of the vessel certifying that no purse
        seine net was intentionally deployed on or used to encircle dolphins during the particular voyage on
        which the tuna was harvested;

        (C) in the eastern tropical Pacific Ocean by a vessel using a purse seine net unless the tuna meet the
   requirements for being considered dolphin safe under paragraph (2); or

         (D) by a vessel in a fishery other than one described in subparagraph (A), (B), or (C) that is identified
   by the Secretary as having a regular and significant mortality or serious injury of dolphins, unless such
   product is accompanied by a written statement executed by the captain of the vessel and an observer
   participating in a national or international program acceptable to the Secretary that no dolphins were killed
   or seriously injured in the sets or other gear deployments in which the tuna were caught, provided that the
   Secretary determines that such an observer statement is necessary.

   (2) For purposes of paragraph (1)(C), a tuna product that contains tuna harvested in the eastern tropical
Pacific Ocean by a vessel using purse seine nets is dolphin safe if--

        (A) the vessel is of a type and size that the Secretary has determined, consistent with the
   International Dolphin Conservation Program, is not capable of deploying its purse seine nets on or to
   encircle dolphins; or

         (B)(i) the product is accompanied by a written statement executed by the captain providing the
   certification required under subsection (h);

           (ii) the product is accompanied by a written statement executed by--

                 (I) the Secretary or the Secretary's designee;

                 (II) a representative of the Inter-American Tropical Tuna Commission; or

                (III) an authorized representative of a participating nation whose national program meets the
           requirements of the International Dolphin Conservation Program,

        which states that there was an observer approved by the International Dolphin Conservation Program
        on board the vessel during the entire trip and that such observer provided the certification required
        under subsection (h); and
           (iii) the statements referred to in clauses (i) and (ii) are endorsed in writing by each exporter,
        importer, and processor of the product; and

       (C) the written statements and endorsements referred to in subparagraph (B) comply with regulations
   promulgated by the Secretary which provide for the verification of tuna products as dolphin safe.

   (3)(A) The Secretary of Commerce shall develop an official mark that may be used to label tuna products
as dolphin safe in accordance with this Act.

        (B) A tuna product that bears the dolphin safe mark developed under subparagraph (A) shall not bear
   any other label or mark that refers to dolphins, porpoises, or marine mammals.

        (C) It is a violation of section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to label a tuna
   product with any label or mark that refers to dolphins, porpoises, or marine mammals other than the mark
   developed under subparagraph (A) unless--

           (i) no dolphins were killed or seriously injured in the sets or other gear deployments in which the
        tuna were caught;

            (ii) the label is supported by a tracking and verification program which is comparable in
        effectiveness to the program established under subsection (f); and

            (iii) the label complies with all applicable labeling, marketing, and advertising laws and regulations
        of the Federal Trade Commission, including any guidelines for environmental labeling.

        (D) If the Secretary determines that the use of a label referred to in subparagraph (C) is substantially
   undermining the conservation goals of the International Dolphin Conservation Program, the Secretary shall
   report that determination to the United States Senate Committee on Commerce, Science, and
   Transportation and the United States House of Representatives Committees on Resources and on
   Commerce, along with recommendations to correct such problems.

       (E) It is a violation of section 5 of the Federal Trade Commission Act (15 U.S.C. 45) willingly and
   knowingly to use a label referred to in subparagraph (C) in a campaign or effort to mislead or deceive
   consumers about the level of protection afforded dolphins under the International Dolphin Conservation
   Program.

(e) ENFORCEMENT. -- Any person who knowingly and willfully makes a statement or endorsement
described in subsection (d)(2)(B) that is false is liable for a civil penalty of not to exceed $100,000 assessed
in an action brought in any appropriate district court of the United States on behalf of the Secretary.

(f) REGULATIONS. --The Secretary, in consultation with the Secretary of the Treasury, shall issue regulations
to implement this Act, including regulations to establish a domestic tracking and verific ation program that
provides for the effective tracking of tuna labeled under subsection (d). In the development of these
regulations, the Secretary shall establish appropriate procedures for ensuring the confidentiality of proprietary
information the submission of which is voluntary or mandatory. The regulations shall address each of the
following items:

   (1) The use of weight calculation for purposes of tracking tuna caught, landed, processed, and exported.
    (2) Additional measures to enhance current observer coverage, including the establishment of criteria for
training, and for improving monitoring and reporting capabilities and procedures.

   (3) The designation of well location, procedures for sealing holds, procedures for monitoring and certifying
both above and below deck, or through equally effective methods, the tracking and verification of tuna labeled
under subsection (d).

   (4) The reporting, receipt, and database storage of radio and facsimile transmittals from fishing vessels
containing information related to the tracking and verification of tuna, and the definition of set.

   (5) The shore-based verification and tracking throughout the fishing, transshipment, and canning process
by means of Inter-American Tropical Tuna Commission trip records or otherwise.

    (6) The use of periodic audits and spot checks for caught, landed, and processed tuna products labeled
in accordance with subsection (d).

   (7) The provision of timely access to data required under this subsection by the Secretary from harvesting
nations to undertake the actions required in paragraph (6) of this paragraph.

The Secretary may make such adjustments as may be appropriate to the regulations promulgated under this
subsection to implement an international tracking and verification program that meets or exceeds the minimum
requirements established by the Secretary under this subsection.

(g) SECRETARIAL FINDINGS.--(1) Between March 1, 1999, and March 31, 1999, the Secretary shall, on the
basis of the research conducted before March 1, 1999, under section 304(a) of the Marine Mammal
Protection Act of 1972, information obtained under the International Dolphin Conservation Program, and any
other relevant information, make an initial finding regarding whether the intentional deployment on or
encirclement of dolphins with purse seine nets is having a significant adverse impact on any depleted dolphin
stock in the eastern tropical Pacific Ocean. The initial finding shall be published immediately in the Federal
Register and shall become effective upon a subsequent date determined by the Secretary.

    (2) Between July 1, 2001, and December 31, 2002, the Secretary shall, on the basis of the completed study
conducted under section 304(a) of the Marine Mammal Protection Act of 1972, information obtained under
the International Dolphin Conservation Program, and any other relevant information, make a finding regarding
whether the intentional deployment on or encirclement of dolphins with purse seine nets is having a significant
adverse impact on any depleted dolphin stock in the eastern tropical Pacific Ocean. The finding shall be
published immediately in the Federal Register and shall become effective upon a subsequent date determined
by the Secretary.

(h) CERTIFICATION BY CAPTAIN BY OBSERVER.--

    (1) Unless otherwise required by paragraph (2), the certification by the captain under subsection
(d)(2)(B)(i) and the certification provided by the observer as specified in subsection (d)(2)(B)(ii) shall be that
no dolphins were killed or seriously injured during the sets in which the tuna were caught.

   (2) The certification by the captain under subsection (d)(2)(B)(i) and the certification provided by the
observer as specified under subsection (d)(2)(B)(ii) shall be that no tuna were caught on the trip in which such
tuna were harvested using a purse seine net intentionally deployed on or to encircle dolphins, and that no
dolphins were killed or seriously injured during the sets in which the tuna were caught, if the tuna were caught
on a trip commencing--

        (A) before the effective date of the initial finding by the Secretary under subsection (g)(1);

        (B) after the effective date of such initial finding and before the effective date of the finding of the
   Secretary under subsection (g)(2), where the initial finding is that the intentional deployment on or
   encirclement of dolphins is having a significant adverse impact on any depleted dolphin stock; or

         (C) after the effective date of the finding under subsection (g)(2), where such finding is that the
   intentional deployment of or encirclement of dolphins is having a significant adverse impact on any such
   depleted stock.