
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC1412]

 
                         TITLE 16--CONSERVATION
 
                  CHAPTER 31--MARINE MAMMAL PROTECTION
 
        SUBCHAPTER IV--INTERNATIONAL DOLPHIN CONSERVATION PROGRAM
 
Sec. 1412. International Dolphin Conservation Program

    The Secretary of State, in consultation with the Secretary, shall 
seek to secure a binding international agreement to establish an 
International Dolphin Conservation Program that requires--
        (1) that the total annual dolphin mortality in the purse seine 
    fishery for yellowfin tuna in the eastern tropical Pacific Ocean 
    shall not exceed 5,000 animals with a commitment and objective to 
    progressively reduce dolphin mortality to a level approaching zero 
    through the setting of annual limits;
        (2) the establishment of a per-stock per-year dolphin mortality 
    limit, to be in effect through calendar year 2000, at a level 
    between 0.2 percent and 0.1 percent of the minimum population 
    estimate, as calculated, revised, or approved by the Secretary;
        (3) the establishment of a per-stock per-year dolphin mortality 
    limit, beginning with the calendar year 2001, at a level less than 
    or equal to 0.1 percent of the minimum population estimate as 
    calculated, revised, or approved by the Secretary;
        (4) that if a dolphin mortality limit is exceeded under--
            (A) paragraph (1), all sets on dolphins shall cease for the 
        applicable fishing year; and
            (B) paragraph (2) or (3), all sets on the stocks covered 
        under paragraph (2) or (3) and any mixed schools that contain 
        any of those stocks shall cease for the applicable fishing year;

        (5) a scientific review and assessment to be conducted in 
    calendar year 1998 to--
            (A) assess progress in meeting the objectives set for 
        calendar year 2000 under paragraph (2); and
            (B) as appropriate, consider recommendations for meeting 
        these objectives;

        (6) a scientific review and assessment to be conducted in 
    calendar year 2000--
            (A) to review the stocks covered under paragraph (3); and
            (B) as appropriate to consider recommendations to further 
        the objectives set under that paragraph;

        (7) the establishment of a per vessel maximum annual dolphin 
    mortality limit consistent with the established per-year mortality 
    limits, as determined under paragraphs (1) through (3); and
        (8) the provision of a system of incentives to vessel captains 
    to continue to reduce dolphin mortality, with the goal of 
    eliminating dolphin mortality.

(Pub. L. 92-522, title III, Sec. 302, as added Pub. L. 105-42, 
Sec. 6(c), Aug. 15, 1997, 111 Stat. 1130.)


                            Prior Provisions

    A prior section 1412, Pub. L. 92-522, title III, Sec. 302, as added 
Pub. L. 102-523, Sec. 2(a), Oct. 26, 1992, 106 Stat. 3426, related to 
international agreements to establish global moratorium to prohibit 
certain tuna harvesting practices prior to repeal by Pub. L. 105-42, 
Sec. 6(c), Aug. 15, 1997, 111 Stat. 1130.
    A prior section 302 of Pub. L. 92-522 was renumbered section 402 and 
is classified to section 1421a of this title.


                             Effective Date

    For effective date of section, see section 8 of Pub. L. 105-42, set 
out as an Effective Date of 1997 Amendment note under section 1362 of 
this title.
