§1411 — Title 16 Conservation | U.S. Code

Summary

The United States must act to stop the killing of dolphins caused by tuna fishing in the eastern tropical Pacific Ocean. Congress notes that millions of dolphins have died, public concern has changed fishing methods worldwide, U.S. boats helped develop safer ways to fish, and U.S. companies pushed for dolphin-safe tuna. Other nations have agreed to work together and set yearly limits to cut dolphin deaths toward zero. Recognizing the International Dolphin Conservation Program will help keep reducing deaths and protect dolphin groups. U.S. policy is to eliminate deaths from intentionally encircling dolphins with purse seine nets; support the International Dolphin Conservation Program and its goal to end those deaths; make sure the U.S. market does not reward tuna caught with driftnets or by purse seine vessels in the eastern tropical Pacific that do not follow the Program; secure international agreements so U.S. tuna boats keep access to good fishing grounds like the South Pacific; and encourage observers on purse seine boats outside the eastern tropical Pacific when dolphins and tuna regularly mix and are encircled.

Title 16, §1411

Conservation — Source: USLM XML via OLRC

(a)The Congress finds the following:

(1)The yellowfin tuna fishery of the eastern tropical Pacific Ocean has resulted in the deaths of millions of dolphins.

(2)Significant awareness and increased concern for the health and safety of dolphin populations has encouraged a change in fishing methods worldwide.

(3)United States tuna fishing vessels have led the world in the development of fishing methods to reduce dolphin mortalities in the eastern tropical Pacific Ocean and United States tuna processing companies have voluntarily promoted the marketing of tuna that is dolphin safe.

(4)Nations harvesting yellowfin tuna in the eastern tropical Pacific Ocean have demonstrated their willingness to participate in appropriate multilateral agreements to reduce dolphin mortality progressively to a level approaching zero through the setting of annual limits, with the goal of eliminating dolphin mortality in that fishery. Recognition of the International Dolphin Conservation Program will assure that the existing trend of reduced dolphin mortality continues; that individual stocks of dolphins are adequately protected; and that the goal of eliminating all dolphin mortality continues to be a priority.

(b)It is the policy of the United States to—

(1)eliminate the marine mammal mortality resulting from the intentional encirclement of dolphins and other marine mammals in tuna purse seine fisheries;

(2)support the International Dolphin Conservation Program and efforts within the Program to reduce, with the goal of eliminating, 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 with driftnets or caught by purse seine vessels in the eastern tropical Pacific Ocean not operating in compliance with the International Dolphin Conservation Program;

(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.

Notes & Related Subsidiaries

Editorial Notes

Codification Another section 301 of Pub. L. 92–522 was renumbered section 401 and is classified to section 1421 of this title.

Amendments

1997—Subsec. (a)(4). Pub. L. 105–42, § 6(b)(1), added par. (4) and struck out former par. (4) which read as follows: “Nations harvesting yellowfin tuna in the eastern tropical Pacific Ocean have indicated their willingness to participate in appropriate multilateral agreements to reduce, and eventually eliminate, dolphin mortality in that fishery.” Subsec. (b)(2), (3). Pub. L. 105–42, § 6(b)(2), added pars. (2) and (3) and struck out former pars. (2) and (3) which read as follows: “(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;”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1997 AmendmentFor

Effective Date

of amendment by Pub. L. 105–42, see section 8 of Pub. L. 105–42, set out as a note under section 1362 of this title.

§1411 Findings and policy

Summary

Title 16, §1411

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata