§1413 Regulatory authority of Secretary

Summary

The Secretary must write and update rules to carry out the International Dolphin Conservation Program. The rules will let and control how U.S. boats may take marine mammals in the eastern tropical Pacific Ocean while fishing for tuna. The rules must require an observer on each vessel, use a “backdown” maneuver or an equally safe method to avoid killing or badly injuring dolphins, ban intentional sets on dolphin schools, set per-vessel, total, and per-stock yearly dolphin death limits, and stop fishing on dolphins if those limits are reached. Boats must have certain safety gear and devices (for example, dolphin-safety panels, monitors, rafts, tow boats, lights, masks/snorkels), may not use explosives, must finish backdown and start rolling nets no later than 30 minutes before sundown, and may test new fishing methods under controlled conditions that do not require encircling dolphins. The Secretary can adjust gear and practice rules so long as they fit the International Dolphin Conservation Program, and may allow fishing without special gear only if an observer is aboard and dolphins are not intentionally encircled. When the best science shows that fishing is or likely will seriously harm a marine mammal stock, the Secretary must tell the Inter-American Tropical Tuna Commission what actions are needed and issue emergency rules to reduce the harm. The Secretary must consult the Secretary of State, the Marine Mammal Commission, and U.S. IATTC Commissioners before acting. Emergency rules must be published, last for the fishing year (unless ended sooner), and can be extended if the problem continues. Within 120 days of the Secretary’s notice, the U.S. Commissioners must call a special IATTC meeting and report back on what was done, whether it worked, and what more is needed.