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Legislative Approaches

Two alternative legislative approaches, with many similarities and several significant differences, are receiving the most attention in the 104th Congress. S. 1420/H.R. 2823 provide the most extensive changes to current policy, while S. 1460/H.R. 2856 change some aspects but seek to continue protecting dolphins from tuna seine encirclement. For a detailed comparison of these bills, see CRS memo "Side-by-Side Comparison of Senate and House Bills Addressing Dolphin Protection in the Eastern Tropical Pacific," Environment and Natural Resources Policy Division, March 8, 1996.

Similarities. S. 1420/H.R. 2823 and S. 1460/H.R. 2856 would all:

1) recognize the significant reduction in dolphin mortalities achieved by the IDCP;

2) eliminate the ban on U.S. imports of dolphin-safe tuna from nations that are IATTC members and participating in the IDCP;

3) authorize the incidental taking of marine mammals in the ETP yellowfin tuna fishery for U.S. vessels in accordance with the IDCP;

4) exempt U.S. citizens from MMPA regulations on incidental taking of marine mammals during fishing outside the U.S. Exclusive Economic Zone (EEZ) if they are employed on a fishing vessel of a foreign nation in compliance with the IDCP;

5) establish criteria for labeling of "dolphin-safe" tuna harvested outside the ETP requiring certification by the vessel captain (in areas where no association between tuna and dolphins is noted) or by the vessel captain and an observer (in areas where a regular and significant association occurs between tuna and dolphins) that dolphins were not encircled;

6) state policy to ensure that U.S. markets do not provide incentive for ETP tuna harvesting not in compliance with the IDCP;

7) direct the Secretary of Commerce to issue regulations within 3 months of enactment to implement the IDCP;

8) require mandatory research on the effects of harassment by chase and encirclement on dolphins and dolphin population health and biology;

9) authorize collection of permit fees for U.S. tuna seiners to offset permitting expenses; and

10) require the Secretary of Commerce to appoint two advisory groups -- a General Advisory Committee and a Scientific Advisory Subcommittee -- to assist U.S. participation in the IATTC.

Differences. Major differences between the approaches of these measures are:

1) S. 1420/H.R. 2823 change the definition of "dolphin safe" to include tuna caught by encircling dolphins as long as observers document that they did not see any dolphins killed during purse seine sets when tuna was caught -- thus a "dolphin- safe" determination would be made for each set. However, S. 1460/H.R. 2856 would keep the current definition of "dolphin safe" as prohibiting setting of purse seines to encircle dolphins -- thus a "dolphin-safe" determination would apply to a vessel's entire trip;

2) S. 1420/H.R. 2823 include IATTC members as well as nations that have initiated steps to become IATTC members, while S. 1460/H.R. 2856 require that nations be IATTC members;

3) S. 1460/H.R. 2856 require that per-stock per-year dolphin mortalities not exceed 1994 levels, while S. 1420/H.R. 2823 set no similar requirement;

4) S. 1420/H.R. 2823 would permit incidental taking of dolphin species designated as depleted under the MMPA but not listed as threatened or endangered under the Endangered Species Act, which S. 1460/H.R. 2856 would not;

5) S. 1460/H.R. 2856 authorize appropriations to the National Marine Fisheries Service for research, while S. 1420/H.R. 2823 do not; and

6) S. 1460/H.R. 2856 specifically require research on bycatch in dolphin- safe fishing methods, while S. 1420/H.R. 2823 do not.

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LEGISLATION

H.R. 408 (Gilchrest et al.)/S. 39 (Stevens et al.) Amends the Marine Mammal Protection Act of 1972 to support International Dolphin Conservation Program in the eastern tropical Pacific Ocean. H.R. 408 was introduced Jan. 9, 1997; referred to House Committee on Resources. S. 39 was introduced Jan. 21, 1997; referred to Senate Committee on Commerce, Science, and Transportation.

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CONGRESSIONAL HEARINGS, REPORTS, AND DOCUMENTS

Hearings

U.S. Congress. House. Committee on Resources. Subcommittee on Fisheries, Wildlife, and Oceans. Tuna/Dolphin Issues. Hearings, June 22, 1995, and Feb. 29, 1996. 104th Congress, 1st and 2nd sessions, U.S. Govt. Print. Off., Washington, 1996. 456 p. "Serial No. 104-58"

U.S. Congress. Senate. Committee on Commerce, Science, and Transportation. Subcommittee on Oceans and Fisheries. S. 1420, International Dolphin Conservation Program Act. Hearing, April 30, 1996. 104th Congress, 2nd session, U.S. Govt. Print. Off., Washington, 1996. 281 p. "S. Hrg. 104-630"

Reports

U.S. Congress. House. Committee on Resources. International Dolphin Conservation Program Act; report together with dissenting and additional dissenting views to accompany H.R. 2823. 104th Congress, 2nd session, U.S. Govt. Print. Off., Washington, 1996. 66 p. (H.Rept. 104-665, Part 1)

U.S. Congress. House. Committee on Ways and Means. International Dolphin Conservation Program Act; report to accompany H.R. 2823. 104th Congress, 2nd session, U.S. Govt. Print. Off., Washington, 1996. 12 p. (H.Rept. 104-665, Part 2)

U.S. Congress. Senate. Committee on Commerce, Science, and Transportation. International Dolphin Conservation Program Act; report on S. 1420. 104th Congress, 2nd session, U.S. Govt. Print. Off., Washington, 1996. 73 p. (S.Rept. 104-373)

Documents

Biden, Joseph R., Jr. Keep the Current Dolphin-Safe Label. Remarks in the Senate. Congressional record [daily ed.] v. 143, Jan. 29, 1997: S792-S793.

Boxer, Barbara. The International Dolphin Protection and Consumer Information Act. Remarks in the Senate. Congressional record [daily ed.] v. 141, Dec. 7, 1995: S18240- S18244.

-----. Tuna-Dolphin Bill. Remarks in the Senate. Congressional record [daily ed.] v. 143, Jan. 29, 1997: S789-S792.

International Dolphin Conservation Program Act. Debate and vote in the House. Congressional Record [daily ed.] v. 142, July 31, 1996: H9424-H9450.

----- In Extensions of Remarks of Cardiss Collins. Congressional Record [daily ed.] v. 142, August 1, 1996: E1447.

----- In Extensions of Remarks of Fortney Pete Stark. Congressional Record [daily ed.] v. 142, August 1, 1996: E1452.

Stevens, Ted. The International Dolphin Conservation Program Act. Remarks in the Senate. Congressional record [daily ed.] v. 141, Nov. 17, 1995: S17339-S17344.

-----. The International Dolphin Conservation Program Act. Remarks in the Senate. Congressional record [daily ed.] v. 143, Jan. 21, 1997: S396-S403.

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FOR ADDITIONAL READING

An Analysis of the Declaration of Panama. The Humane Society of the United States, Washington, 1995(?), 7 p.

Carpenter, Betsy. What Price Dolphin? Scientists are Reckoning the True Cost of Sparing an Endearing Mammal. U.S. News & World Report, v. 116, no. 23 (June 13, 1994): 71-73.

Hall, Martin A. On Bycatches. Reviews in Fish Biology and Fisheries, v. 6 (1966): 319-352.

Hurwitz, Diana. Fishing for Compromises through NAFTA and Environmental Dispute-Settlement: The Tuna-Dolphin Controversy. Natural Resources Journal, v. 35 (summer 1995): 501-540.

Joseph, James. The Tuna-Dolphin Controversy in the Eastern Pacific Ocean: Biological, Economic, and Political Impacts. Ocean Development and International Law, v. 25 (1994): 1-30.

Myrick, Albert C., Jr., and Peter C. Perkins. Adrenocortical color darkness and correlates as indicators of continuous acute premortem stress in chased and purse-seine captured male dolphins. Pathophysiology, v. 2 (1995): 191-204.

Selling Dolphins Down the River. HSUS News, Winter 1996: 5-6.

The Tuna-Dolphin Issue. Annual Report to Congress, 1995. Marine Mammal Commission, Washington, p. 99-109.

U.S. National Research Council. Committee on Reducing Porpoise Mortality from Tuna Fishing. Dolphins and the Tuna Industry. Board on Biology, Board on Environmental Studies and Toxicology, Commission on Life Sciences. Washington, DC: National Academy Press, 1992. 176 p.

Warren, Brad. The Downside of Dolphin-Safe. Audubon, November-December 1993: 20,22.

-----The Tuna-Dolphin Solution: A Model for Other Fisheries. National Fisherman, July 1994: 14, 25.

Wirth, Timothy E. Take the Final Step to Protect Dolphins. The Christian Science Monitor, Feb. 2, 1996: 19.

Young, Nina. Doing What's Best for Dolphins -- and the Oceans. Marine Conservation News, Spring 1996: 10-11.

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