§1413 Regulatory Authority of Secretary

Summary

The Secretary must write and update rules to run the International Dolphin Conservation Program. The rules must let and control how U.S. boats may take marine mammals in the eastern tropical Pacific, including species that are depleted but not listed under the Endangered Species Act. Rules must require an observer on each vessel, use of the backdown maneuver or something just as good to avoid killing or badly injuring animals, and bar intentional sets on dolphin stocks or schools. Boats must carry special gear (like dolphin safety panels, monitoring devices to spot unsafe conditions before nets go out, rafts, speedboats with towing bridles, working floodlights, and masks/snorkels). The backdown and net rolling must start so that rolling to sack up begins no later than 30 minutes before sundown. Explosive devices in purse seine fishing are banned. The Secretary must set per-vessel annual dolphin mortality limits, total limits, and per-stock per-year limits under the program and stop intentional sets when limits are reached. Boats without an assigned dolphin mortality limit may not fish on dolphins. The rules may allow experimental fishing to test safer methods and may let a vessel fish without special gear if it takes an observer and does not intentionally encircle dolphins. Other necessary limits can be added, and gear or practice rules may be adjusted if they still match the program. When making rules, the Secretary must talk with the Secretary of State, the Marine Mammal Commission, and the U.S. Commissioners to the Inter-American Tropical Tuna Commission. If the best scientific information (including research under section 1414a and data from the program) shows incidental dolphin deaths or serious injuries are having or likely to have a significant bad effect on a stock or species, the Secretary must notify the Commission with recommendations and issue emergency rules to reduce the harm, after consulting the same groups. Emergency rules must be published with an explanation, last for the fishing year, can be ended early if reasons stop, and can be extended if the problem continues. Within 120 days of the Secretary’s notice, the U.S. Commissioners must call a special Commission meeting and report in writing what was done, whether it fixes the problem, and any extra steps needed.