§1412 — Title 16 Conservation | U.S. Code

Summary

The Secretary of State, working with the Secretary, must get a binding international agreement to create an International Dolphin Conservation Program. The program must limit dolphin deaths in the purse seine fishery for yellowfin tuna in the eastern tropical Pacific Ocean so total deaths each year do not go over 5,000, and must work to reduce deaths toward zero by setting yearly limits. It must set per-stock, per-year limits through calendar year 2000 at between 0.2 percent and 0.1 percent of the minimum population estimate as calculated, revised, or approved by the Secretary, and starting in calendar year 2001 at a level less than or equal to 0.1 percent of that minimum population estimate. If a limit is broken, dolphin sets must stop for that fishing year (for the overall limit) or sets on the affected stocks and any mixed schools must stop (for the per-stock limits). The agreement must fund scientific reviews in 1998 and 2000 to check progress and make recommendations. It must also set a maximum yearly dolphin death limit per vessel that fits the overall limits and offer incentives to captains to keep reducing dolphin deaths with the goal of ending them.

Title 16, §1412

Conservation — Source: USLM XML via OLRC

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.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 1412, Pub. L. 92–522, title III, § 302, as added Pub. L. 102–523, § 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, § 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.

Statutory Notes and Related Subsidiaries

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For

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of section, see section 8 of Pub. L. 105–42, set out as an

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of 1997 Amendment note under section 1362 of this title.

§1412 International Dolphin Conservation Program

Summary

Title 16, §1412

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Citations & Metadata