9. Dolphin Protection Consumer Information Act Title IX of Public Law 101-627 [Fishery Conservation Amendments of 1990; H.R. 2061] 104 Stat. 4436 at 4465, approved November 28, 1990 AN ACT To authorize appropriations to carry out the Magnuson Fishery Conservation and Management Act through fiscal year 1993, and for other purposes. SEC. 901.1 (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 the effect of harvesting of the tuna on dolphins. (c) DEFINITIONS.-For 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 South 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 of less than 3 days. 116 U.S.C. 1835. (d) LABELING STANDARD-1 is a violation of section 5 of the Federal Trade Commission As for any producer, importer, exporter, distributor, or seller of any tuma prodam that is exported from or offered for sale in the Cited States to include on the label of that product the term Dughan Safe or any other term or symbol that falsely claims or suggests that the tuna contained in the product was harvested using a method of fishing that is not harmful to dolphins if the procas contains (A) tuna harvested on the high seas by a vessel engaged in driftnet fishing, or (B) tuna harvested in the eastern tropical Pacific Ocean by a vessel using parse see pets which do not meet the requirements for being considered dolphin safe under paragraph 2. (2) For purposes of paragraph (13), a tuna product that contains tuna harvested in the eastern tropical Pacific Ocean by a fishing vessel using purse seine nets is dolphin safe if— (A) the vessel is of a type and size that the Secretary has determined is not capable of deploying its purse seine nets on or to encircle dolphin; or (B) if the product is accompanied by a written statement executed by the captain of the vessel which harvested the tuna certifying 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 dolphin; (ii) the product is accompanied by a written statement executed by (I) the Secretary or the Secretary's designee, or (II) a representative of the Inter-American Tropical Tuna Commission, which states that there was an approved observer on board the vessel during the entire trip and that purse seine nets were not intentionally deployed during the trip on or to encircle dolphin; and (iii) the statements referred to in clauses (i) and (ii) are endorsed in writing by each exporter, importer, and processor of the product. (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 section not later than 6 months after the date of the enactment of this Act, including regulations establishing procedures and requirements for ensuring that tuna products are labeled in accordance with subsection (d). (g) 2 TREATMENT OF FISH CAUGHT WITH DRIFTNETS.— (h) NEGOTIATIONS.-The Secretary of State shall immediately seek, through negotiations and discussions with appropriate foreign governments, to reduce and, as soon as possible, eliminate the ded sec. 101(aX2) of the Marine Mammal Protection Act of 1972. practice of harvesting tuna through the use of purse seine nets intentionally deployed to encircle dolphins. (i) EFFECTIVE DATE.-Subsections (d) and (e) shall take effect 6 months after the date of the enactment of this Act. 10. Negotiation of International Agreements for the Partial text of Public Law 101–162 [Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1990; H.R 2991], 103 Stat. 988 at 1037, approved November 21, 1989 AN ACT Making appropriations for the Departments of Commerce, Justice, and State, the Judiciary, and related agencies for the fiscal year ending September 30. 1990, and for other purposes. Be it enacted by the Senate and House of Representatives of the. United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Departments of Commerce, Justice, and State, the Judiciary, and related agencies for the fiscal year: ending September 30, 1990, and for other purposes, namely: SEC. 609.1 (a) The Secretary of State, in consultation with the Secretary of Commerce, shall, with respect to those species of sea turtles the conservation of which is the subject of regulations pro- ! mulgated by the Secretary of Commerce on June 29, 1987 (1) initiate negotiations as soon as possible for the development of bilateral or multilateral agreements with other nations for the protection and conservation of such species of sea turtles; (2) initiate negotiations as soon as possible with all foreign governments which are engaged in, or which have persons or companies engaged in, commercial fishing operations which, as determined by the Secretary of Commerce, may affect adversely such species of sea turtles, for the purpose of entering into bilateral and multilateral treaties with such countries to protect such species of sea turtles; (3) encourage such other agreements to promote the purposes of this section with other nations for the protection of specific ocean and land regions which are of special significance to the health and stability of such species of sea turtles; (4) initiate the amendment of any existing international treaty for the protection and conservation of such species of sea turtles to which the United States is a party in order to make such treaty consistent with the purposes and policies of this section; and (5) provide to the Congress by not later than one year after the date of enactment of this section 116 U.S.C. 1537 note. s (A) a list of each nation which conducts commercial shrimp fishing operations within the geographic range of distribution of such sea turtles; (B) a list of each nation which conducts commercial shrimp fishing operations which may affect adversely such species of sea turtles; and (C) a full report on (i) the results of his efforts under this section; and (ii) the status of measures taken by each nation listed pursuant to paragraph (A) or (B) to protect and conserve such sea turtles. (b)(1) IN GENERAL.-The importation of shrimp or products from hrimp which have been harvested with commercial fishing techology which may affect adversely such species of sea turtles shall e prohibited not later than May 1, 1991, except as provided in aragraph (2). (2)2 CERTIFICATION PROCEDURE.-The ban on importation of hrimp or products from shrimp pursuant to paragraph (1) shall ot apply if the President shall determine and certify to the Conress not later than May 1, 1991, and annually thereafter that (A) the government of the harvesting nation has provided documentary evidence of the adoption of a regulatory program governing the incidental taking of such sea turtles in the course of such harvesting that is comparable to that of the United States; and (B) the average rate of that incidental taking by the vessels of the harvesting nation is comparable to the average rate of incidental taking of sea turtles by United States vessels in the course of such harvesting; or (C) the particular fishing environment of the harvesting nation does not pose a threat of the incidental taking of such sea turtles in the course of such harvesting. 2 Authority to issue this determination is delegated to the Department of State (Presidential memorandum of December 19, 1990; 56 FR. 357) As provided in Department of State Public Nodies $100 of April 29, 1905 (60 F R. 24962)"On April 28, 1995, the Department of State certified, prenant to section 609 of Public Law 101-162, that 9 countries with commercial shrimp fresh fisheries in the Gulf of Mexico, Caribbean and Western Atlantic Ocean (Belize, Brasil, Pidhandda Boyana, Bandurne, Mexico, Nica ragua, Panama, and Venezuela) have adopted pripremne bi radile the Huskental expture of spa turtles in such fisheries comparable to the progenie in altor be the United State. The Depart ment certified that the fishing environment in her odtok sridelig #isode 1ṭse and (uatemala) does not pose a threat of the incidental taking of the button its Ed just Buddie Law 101 162. The Department was unable to issue rififisahaja de mpîti di ka duluaus. Trinidad and Tobago, and French Guiana and, as #thet, skeringeteg kin pantries were prohib ited effective May 1, 1995 pursuant to Piklik won the |