under that section with a country that is not a major purse seine tuna fishing country

(A) the total dolphin mortalities authorized by the permit for each year after 1992, including mortalities caused by research, shall not exceed the number of dolphin mortalities which occurred under the permit during the preceding year;

(B) the total dolphin mortalities occurring under the permit each year shall continue to be reduced by statistically significant amounts each year to levels approaching zero by December 31, 1999;

(C) the permit shall be subject to any additional restrictions that the Secretary considers appropriate; and

(D) the permit shall expire December 31, 1999.

(b) PERMITS REQUIRED FOR TAKING DOLPHINS FOR RESEARCH PURPOSES.-An agreement entered into under section 302 shall not supersede or be interpreted to supersede any provision of this Act under which a permit under this Act is required for activities conducted pursuant to this title.

(c) MAJOR PURSE SEINE TUNA FISHING COUNTRY DEFINED.-For purposes of this section, the term 'major purse seine tuna fishing country' means a country which on the effective date of this title has an active purse seine tuna fishing fleet of 20 or more vessels. SEC. 307.74 PROHIBITIONS.

(a) IN GENERAL.-It is unlawful

(1) for any person, after June 1, 1994, to sell, purchase, offer for sale, transport, or ship, in the United States, any tuna or tuna product that is not dolphin safe;

(2) for any person or vessel that is subject to the jurisdiction of the United States, intentionally to set a purse seine net on or to encircle any marine mammal during any tuna fishing operation after February 28, 1994, except

(A) as necessary for scientific research approved by the Inter-American Tropical Tuna Commission;

(B) in accordance with a recommendation that is approved under section 302(c)(2); or

(C) as authorized by the general permit issued to the American Tunaboat Association on December 1, 1980 (including any additional restrictions applicable under section 306(a)), notwithstanding any agreement under section 302 with a country that is not a major purse seine tuna fishing country (as that term is defined in section 306(c));

(3) for any person to import any yellowfin tuna or yellowfin tuna product or any other fish or fish product in violation of a ban on importation imposed under section 305(b) (1) or (2); (4) for any person to violate any regulation promulgated under this title;

(5) for any person to refuse to permit any duly authorized officer to board a vessel subject to that person's control for purposes of conducting any search or inspection in connection with the enforcement of this title; and

74 16 U.S.C. 1417.

provisions of any international treaty, convention, or agreement, or any statute implementing the same has been made applicable to persons subject to the provisions of this title in order to effect essential compliance with the regulatory provisions of this chapter so as to reduce to the lowest practicable level the taking of marine mammals incidental to commercial fishing operations, section 105 of this title may not apply to such persons.

(b) Not later than 1 year after April 30, 1994, the Secretary of the Interior shall, in consultation with the contracting parties, initiate a review of the effectiveness of the Agreement on the Conservation of Polar Bears, as provided for in Article IX of the Agreement, and establish a process by which future reviews shall be conducted.

(c) The Secretary of the Interior, in consultation with the Secretary of State and the Marine Mammal Commission, shall review the effectiveness of United States implementation of the Agreement on the Conservation of Polar Bears, particularly with respect to the habitat protection mandates contained in Article II. The Secretary shall report the results of this review to the Committee on Merchant Marine and Fisheries of the House of Representatives 57 and the Committee on Commerce, Science, and Transportation of the Senate not later than April 1, 1995.

(d) Not later than 6 months after April 30, 1994, the Secretary of the Interior, acting through the Secretary of State and in consultation with the Marine Mammal Commission and the State of Alaska, shall consult with the appropriate officials of the Russian Federation on the development and implementation of enhanced cooperative research and management programs for the conservation of polar bears in Alaska and Russia. The Secretary shall report the results of this consultation and provide periodic progress reports on the research and management programs to the Committee on Merchant Marine and Fisheries of the House of Representatives 57 and the Committee on Commerce, Science and Transportation of the Senate.

TITLE II-MARINE MAMMAL COMMISSION

ESTABLISHMENT OF COMMISSION

Sec. 201.58 (a) There is hereby established the Marine Mammal Commission (hereafter referred to in this title as the "Commission").

(b)(1) Effective September 1, 1982, the Commission shall be composed of three members who shall be appointed by the President, by and with the advice and consent of the Senate.59 The President shall make his selection from a list of individuals knowledgeable in the fields of marine ecology and resource management, and who

67 The House Committee on Merchant Marine and Fisheries was abolished and its jurisdiction given to the Committee on Transportation and Infrastructure, Committee on National Security, and Committee on Resources, by H. Res. 6, 104th Cong., January 4, 1995.

58 16 U.S.C. 1401.

50 Sec. 202 of Public Law 97-389 (96 Stat. 1961) amended and restated this sentence. Before Sept. 1, 1982, the appointments made by the President to the Commission were subject to the advice and consent of the Senate.

are not in a position to profit from the taking of marine mammals. Such list shall be submitted to him by the Chairman of the Council on Environmental Quality and unanimously agreed to by that Chairman, the Secretary of the Smithsonian Institution, the Director of the National Science Foundation and the Chairman of the National Academy of Sciences.60 No member of the Commission may, during his period of service on the Commission, hold any other position as an officer or employee of the United States except as a retired officer or retired civilian employee of the United States.

(2) The term of office for each member shall be three years; except that of the members initially appointed to the Commission, the term of one member shall be for one year, the term of one member shall be for two years, and the term of one member shall be for three years. No member is eligible for reappointment; except that any member appointed to fill a vacancy occurring before the expiration of the term for which his predecessor was appointed (A) shall be appointed for the remainder of such term, and (B) is eligible for reappointment for one full term. A member may serve after the expiration of this term until his successor has taken office.

(c) The President shall designate a Chairman of the Commission (hereafter referred to in this title as the "Chairman") from among its members.

(d) Members of the Commission shall each be compensated at a rate equal to the daily equivalent of the rate for GS-18 of the General Schedule under section 5332 of title 5, United States Code, for each day such member is engaged in the actual performance of duties vested in the Commission. Each member shall be reimbursed for travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for persons in Government service employed intermittently.

(e) The Commission shall have an Executive Director, who shall be appointed (without regard to the provisions of title 5, United States Code, governing appointments in the competitive service) by the Chairman with the approval of the Commission and shall be paid at a rate not in excess of the rate for GS-18 of the General Schedule under section 5332 of title 5, United States Code. The Executive Director Shall have such duties as the Chairman may assign.

DUTIES OF COMMISSION

Sec. 202.61 (a) The Commission shall

(1) undertake a review and study of the activities of the United States pursuant to existing laws and international conventions relating to marine mammals, including, but not limited to, the International Convention for the Regulation of

eo Sec. 103(a) of Public Law 98-364 (98 Stat. 441) struck out the second sentence in par. (1) and inserted in lieu thereof text to this point beginning with "The President shall make * The struck out sentence read as follows: "The President shall make his selection from a list, submitted to him by the Chairman of the Council on Environmental Quality, the Secretary of the Smithsonian Institution, the Director of the National Science Foundation, and the Chairman of the National Academy of Sciences, of individuals knowledgeable in the fields of marine ecology and resource management, and who are not in a position to profit from the taking of marine mammals.".

61 16 U.S.C. 1402.

(2) secure appropriate multilateral agreements to reduce, and eventually eliminate, the mortality referred to in paragraph (1);

(3) ensure that the market of the United States does not act as an incentive to the harvest of tuna caught in association with dolphins or with driftnets;

(4) secure appropriate multilateral agreements to ensure that United States tuna fishing vessels shall have continued access to productive tuna fishing grounds in the South Pacific Ocean and elsewhere; and

(5) encourage observer coverage on purse seine vessels fishing for tuna outside of the eastern tropical Pacific Ocean in a fishery in which the Secretary has determined that a regular and significant association occurs between marine mammals and tuna, and in which tuna is harvested through the use of purse seine nets deployed on or to encircle marine mammals.

SEC. 302. INTERNATIONAL AGREEMENTS TO ESTABLISH GLOBAL MORATORIUM TO PROHIBIT CERTAIN TUNA HARVESTING PRACTICES.

(a) IN GENERAL.-The Secretary of State, in consultation with the Secretary, may enter into international agreements which establish, in accordance with this title, a global moratorium of at least 5 years duration to prohibit harvesting tuna through the use of purse seine nets deployed on or to encircle dolphins or other marine mammals.

(b) TERMS OF AGREEMENT.-Any agreement entered into under this section shall

(1) establish a moratorium described in subsection (a) which takes effect on March 1, 1994;

(2) include an international research program and, notwithstanding the moratorium, authorize harvesting of tuna under that program;

(3) provide for reviews and reports in accordance with section 304 on results of research conducted under the research program;

(4) require each country that is a party to the agreement to take all the necessary and appropriate steps to ensure compliance with the moratorium; and

(5) encourage each country that is a party to the agreement to seek, through bilateral and multilateral negotiations, to encourage other countries that participate in fisheries to which the agreement applies to become parties to the agreement. (c) COMPLIANCE BY UNITED STATES WITH MORATORIUM.-The moratorium authorized under subsection (a) may be terminated prior to December 31, 1999, with respect to the United States for the harvesting of tuna in the eastern tropical Pacific Ocean only if

(1) the Secretary submits to the Congress in accordance with section 304(b) a recommendation that the moratorium be terminated; and

(2) the recommendation is approved by enactment of a joint resolution of approval.

16 U.S.C. 1412.

a fine, license fee, registration fee, or any other direct charge must be paid in order to secure the prompt release of the vessel and crew, the owners of the vessel shall be reimbursed by the Secretary of State in the amount certified by him as being the amount of the fine, license fee, registration fee, or any other direct charge actually paid. For purposes of this section, the term "other direct charge" means any levy, however characterized or computed (including, but not limited to, any computation based on the value of a vessel or the value of fish or other property on board a vessel), which is imposed in addition to any fine, license fee, or registration fee. 10 Any reimbursement under this section shall be made from the Fishermen's Protective Fund established pursuant to section 9. (b) The Secretary of State shall make a determination and 11 certification under subsection (a) of this section as soon as possible after he is notified pursuant to section 2(b) of the amounts of the fines, fees, and other direct charges which were paid by the owners to secure the release of their vessel and crew. The amount of reimbursement made by the Secretary State 11 to the owners of any vessel under subsection (a) of this section shall constitute a lien on the vessel which may be recovered in proceedings by libel in rem in the district court of the United States for any district within which the vessel may be. Any such lien shall terminate on the ninetieth day after the date on which the Secretary of State 11 reimburses the owners under this section unless before such ninetieth day the United States initiates action to enforce the lien.

Sec. 4.12 The provisions of this Act shall not apply with respect to a seizure made by a country at war with the United States or a seizure made in accordance with the provisions of any applicable convention or treaty, if that treaty or convention was made with advice and consent to the Senate and was in force and effect for the United States and the seizing country at the time of the seizure. 13 Sec. 5.14 (a) The Secretary of State shall

"SEC. 6. The amendment made by this Act shall apply with respect to seizures of vessels of the United States occurring on or after the date of the enactment of this Act; except that reimbursements under section 3 of the Fishermen's Protective Act of 1967 (as in effect before such date of enactment) may be made from the fund established by the amendment made by section 5 of this Act with respect to any seizure of a vessel occurring before such date of enactment and after December 31, 1970, if no reimbursement was made before such date of enactment.". Sec. 302(aX1) of Public Law 98-364 (98 Stat. 444) substituted the phrase "Secretary of State in the amount certified by him" in lieu of the phrase "Secretary of the Treasury in the amount certified to him by the Secretary of State".

10 The words to this point beginning with "For purposes of this section," were added by sec. 403(aX2) of the Magnuson Fishery Conservation and Management Act of 1976 (Public Law 94265; 90 Stat. 360). This amendment applies to seizures of vessels of the United States occurring on or after Dec. 31, 1974.

11 Sec. 302(aX2) of Public Law 98-364 (98 Stat. 444) amended subsec. (b) by inserting the words "determination and" in the first sentence, and by substituting the reference to the Secretary of State in lieu of a reference to the Secretary of the Treasury.

12 22 U.S.C. 1974.

13 Sec. 303(b) of Public Law 98-364 (98 Stat. 444) substituted the words to this point in sec. 4 beginning with "any applicable convention or treaty," in lieu of the following: "any fishery convention or treaty to which the United States is a party." Sec. 303(c) of Public Law 98-364 further stated that this amendment would apply with respect to seizures made after April 1, 1983, by foreign countries of vessels of the United States.

14 22 U.S.C. 1975. Public Law 92-569 amended and restated sec. 5. Previously, sec. 5 read as follows:

"The Secretary of State shall take such action as he may deem appropriate to make and collect claims against a foreign country for amounts expended by the United States under the provisions of this Act (including payments made pursuant to section 7) because of the seizure of

Continued