16 Usc 1531

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-CITE16 USC Sec. 1385

01/07/2011

-EXPCITETITLE 16 - CONSERVATION
CHAPTER 31 - MARINE MAMMAL PROTECTION
SUBCHAPTER II - CONSERVATION AND PROTECTION OF MARINE MAMMALS
-HEADSec. 1385. Dolphin protection
-STATUTE(a) Short title
This section may be cited as the "Dolphin Protection Consumer
Information Act".
(b) Findings
The Congress finds that (1) dolphins and other marine mammals are frequently killed in
the course of tuna fishing operations in the eastern tropical
Pacific Ocean and high seas driftnet fishing in other parts of
the world;
(2) it is the policy of the United States to support a
worldwide ban on high seas driftnet fishing, in part because of
the harmful effects that such driftnets have on marine mammals,
including dolphins; and
(3) consumers would like to know if the tuna they purchase is
falsely labeled as to the effect of the harvesting of the tuna on

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dolphins.
(c) Definitions
For purposes of this section (1) the terms "driftnet" and "driftnet fishing" have the
meanings given those terms in section 4003 of the Driftnet Impact
Monitoring, Assessment, and Control Act of 1987 (16 U.S.C. 1822
note);
(2) the term "eastern tropical Pacific Ocean" means the area of
the Pacific Ocean bounded by 40 degrees north latitude, 40
degrees south latitude, 160 degrees west longitude, and the
western coastlines of North, Central, and South America;
(3) the term "label" means a display of written, printed, or
graphic matter on or affixed to the immediate container of any
article;
(4) the term "Secretary" means the Secretary of Commerce; and
(5) the term "tuna product" means a food item which contains
tuna and which has been processed for retail sale, except
perishable sandwiches, salads, or other products with a shelf
life of less than 3 days.
(d) Labeling standard
(1) It is a violation of section 45 of title 15 for any producer,
importer, exporter, distributor, or seller of any tuna product that
is exported from or offered for sale in the United States to
include on the label of that product the term "dolphin safe" or any
other term or symbol that falsely claims or suggests that the tuna
contained in the product were harvested using a method of fishing
that is not harmful to dolphins if the product contains tuna

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harvested (A) on the high seas by a vessel engaged in driftnet fishing;
(B) outside the eastern tropical Pacific Ocean by a vessel
using purse seine nets (i) in a fishery in which the Secretary has determined that a
regular and significant association occurs between dolphins and
tuna (similar to the association between dolphins and tuna in
the eastern tropical Pacific Ocean), unless such product is
accompanied by a written statement, executed by the captain of
the vessel and an observer participating in a national or
international program acceptable to the Secretary, certifying
that no purse seine net was intentionally deployed on or used
to encircle dolphins during the particular voyage on which the
tuna were caught and no dolphins were killed or seriously
injured in the sets in which the tuna were caught; or
(ii) in any other fishery (other than a fishery described in
subparagraph (D)) unless the product is accompanied by a
written statement executed by the captain of the vessel
certifying that no purse seine net was intentionally deployed
on or used to encircle dolphins during the particular voyage on
which the tuna was harvested;
(C) in the eastern tropical Pacific Ocean by a vessel using a
purse seine net unless the tuna meet the requirements for being
considered dolphin safe under paragraph (2); or
(D) by a vessel in a fishery other than one described in
subparagraph (A), (B), or (C) that is identified by the Secretary
as having a regular and significant mortality or serious injury

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of dolphins, unless such product is accompanied by a written
statement executed by the captain of the vessel and an observer
participating in a national or international program acceptable
to the Secretary that no dolphins were killed or seriously
injured in the sets or other gear deployments in which the tuna
were caught, provided that the Secretary determines that such an
observer statement is necessary.
(2) For purposes of paragraph (1)(C), a tuna product that
contains tuna harvested in the eastern tropical Pacific Ocean by a
vessel using purse seine nets is dolphin safe if (A) the vessel is of a type and size that the Secretary has
determined, consistent with the International Dolphin
Conservation Program, is not capable of deploying its purse seine
nets on or to encircle dolphins; or
(B)(i) the product is accompanied by a written statement
executed by the captain providing the certification required
under subsection (h) of this section;
(ii) the product is accompanied by a written statement executed
by (I) the Secretary or the Secretary's designee;
(II) a representative of the Inter-American Tropical Tuna
Commission; or
(III) an authorized representative of a participating nation
whose national program meets the requirements of the
International Dolphin Conservation Program,
which states that there was an observer approved by the

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International Dolphin Conservation Program on board the vessel
during the entire trip and that such observer provided the
certification required under subsection (h) of this section; and
(iii) the statements referred to in clauses (i) and (ii) are
endorsed in writing by each exporter, importer, and processor of
the product; and
(C) the written statements and endorsements referred to in
subparagraph (B) comply with regulations promulgated by the
Secretary which provide for the verification of tuna products as
dolphin safe.
(3)(A) The Secretary of Commerce shall develop an official mark
that may be used to label tuna products as dolphin safe in
accordance with this Act.(!1)
(B) A tuna product that bears the dolphin safe mark developed
under subparagraph (A) shall not bear any other label or mark that
refers to dolphins, porpoises, or marine mammals.
(C) It is a violation of section 45 of title 15 to label a tuna
product with any label or mark that refers to dolphins, porpoises,
or marine mammals other than the mark developed under subparagraph
(A) unless (i) no dolphins were killed or seriously injured in the sets or
other gear deployments in which the tuna were caught;
(ii) the label is supported by a tracking and verification
program which is comparable in effectiveness to the program
established under subsection (f) of this section; and
(iii) the label complies with all applicable labeling,
marketing, and advertising laws and regulations of the Federal

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Trade Commission, including any guidelines for environmental
labeling.
(D) If the Secretary determines that the use of a label referred
to in subparagraph (C) is substantially undermining the
conservation goals of the International Dolphin Conservation
Program, the Secretary shall report that determination to the
United States Senate Committee on Commerce, Science, and
Transportation and the United States House of Representatives
Committees on Resources and on Commerce, along with recommendations
to correct such problems.
(E) It is a violation of section 45 of title 15 willingly and
knowingly to use a label referred to in subparagraph (C) in a
campaign or effort to mislead or deceive consumers about the level
of protection afforded dolphins under the International Dolphin
Conservation Program.
(e) Enforcement
Any person who knowingly and willfully makes a statement or
endorsement described in subsection (d)(2)(B) of this section that
is false is liable for a civil penalty of not to exceed $100,000
assessed in an action brought in any appropriate district court of
the United States on behalf of the Secretary.
(f) Regulations
The Secretary, in consultation with the Secretary of the
Treasury, shall issue regulations to implement this Act,(!1)
including regulations to establish a domestic tracking and
verification program that provides for the effective tracking of
tuna labeled under subsection (d) of this section. In the

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development of these regulations, the Secretary shall establish
appropriate procedures for ensuring the confidentiality of
proprietary information the submission of which is voluntary or
mandatory. The regulations shall address each of the following
items:
(1) The use of weight calculation for purposes of tracking tuna
caught, landed, processed, and exported.
(2) Additional measures to enhance current observer coverage,
including the establishment of criteria for training, and for
improving monitoring and reporting capabilities and procedures.
(3) The designation of well location, procedures for sealing
holds, procedures for monitoring and certifying both above and
below deck, or through equally effective methods, the tracking
and verification of tuna labeled under subsection (d) of this
section.
(4) The reporting, receipt, and database storage of radio and
facsimile transmittals from fishing vessels containing
information related to the tracking and verification of tuna, and
the definition of set.
(5) The shore-based verification and tracking throughout the
fishing, transshipment, and canning process by means of InterAmerican Tropical Tuna Commission trip records or otherwise.
(6) The use of periodic audits and spot checks for caught,
landed, and processed tuna products labeled in accordance with
subsection (d) of this section.
(7) The provision of timely access to data required under this
subsection by the Secretary from harvesting nations to undertake

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the actions required in paragraph (6) of this paragraph.(!2)

The Secretary may make such adjustments as may be appropriate to
the regulations promulgated under this subsection to implement an
international tracking and verification program that meets or
exceeds the minimum requirements established by the Secretary under
this subsection.
(g) Secretarial findings
(1) Between March 1, 1999, and March 31, 1999, the Secretary
shall, on the basis of the research conducted before March 1, 1999,
under section 1414a(a) of this title, information obtained under
the International Dolphin Conservation Program, and any other
relevant information, make an initial finding regarding whether the
intentional deployment on or encirclement of dolphins with purse
seine nets is having a significant adverse impact on any depleted
dolphin stock in the eastern tropical Pacific Ocean. The initial
finding shall be published immediately in the Federal Register and
shall become effective upon a subsequent date determined by the
Secretary.
(2) Between July 1, 2001, and December 31, 2002, the Secretary
shall, on the basis of the completed study conducted under section
1414a(a) of this title, information obtained under the
International Dolphin Conservation Program, and any other relevant
information, make a finding regarding whether the intentional
deployment on or encirclement of dolphins with purse seine nets is
having a significant adverse impact on any depleted dolphin stock
in the eastern tropical Pacific Ocean. The finding shall be

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published immediately in the Federal Register and shall become
effective upon a subsequent date determined by the Secretary.
(h) Certification by captain and observer
(1) Unless otherwise required by paragraph (2), the certification
by the captain under subsection (d)(2)(B)(i) of this section and
the certification provided by the observer as specified in
subsection (d)(2)(B)(ii) of this section shall be that no dolphins
were killed or seriously injured during the sets in which the tuna
were caught.
(2) The certification by the captain under subsection
(d)(2)(B)(i) of this section and the certification provided by the
observer as specified under subsection (d)(2)(B)(ii) of this
section shall be that no tuna were caught on the trip in which such
tuna were harvested using a purse seine net intentionally deployed
on or to encircle dolphins, and that no dolphins were killed or
seriously injured during the sets in which the tuna were caught, if
the tuna were caught on a trip commencing (A) before the effective date of the initial finding by the
Secretary under subsection (g)(1) of this section;
(B) after the effective date of such initial finding and before
the effective date of the finding of the Secretary under
subsection (g)(2) of this section, where the initial finding is
that the intentional deployment on or encirclement of dolphins is
having a significant adverse impact on any depleted dolphin
stock; or
(C) after the effective date of the finding under subsection
(g)(2) of this section, where such finding is that the

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intentional deployment on or encirclement of dolphins is having a
significant adverse impact on any such depleted stock.
-SOURCE(Pub. L. 101-627, title IX, Sec. 901, Nov. 28, 1990, 104 Stat.
4465; Pub. L. 105-42, Sec. 5, Aug. 15, 1997, 111 Stat. 1125.)
-CODCODIFICATION
Section was not enacted as part of the Marine Mammal Protection
Act of 1972 which comprises this chapter.
-MISC1AMENDMENTS
1997 - Subsec. (d). Pub. L. 105-42, Sec. 5(a), amended heading
and text of subsec. (d) generally. Prior to amendment, text read as
follows:
"(1) It is a violation of section 45 of title 15 for any
producer, importer, exporter, distributor, or seller of any tuna
product that is exported from or offered for sale in the United
States to include on the label of that product the term 'Dolphin
Safe' or any other term or symbol that falsely claims or suggests
that the tuna contained in the product was harvested using a method
of fishing that is not harmful to dolphins if the product contains "(A) tuna harvested on the high seas by a vessel engaged in
driftnet fishing; or
"(B) tuna harvested in the eastern tropical Pacific Ocean by a
vessel using purse seine nets which do not meet the requirements
for being considered dolphin safe under paragraph (2).
"(2) For purposes of paragraph (1)(B), a tuna product that

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contains tuna harvested in the eastern tropical Pacific Ocean by a
fishing vessel using purse seine nets is dolphin safe if "(A) the vessel is of a type and size that the Secretary has
determined is not capable of deploying its purse seine nets on or
to encircle dolphin; or
"(B)(i) the product is accompanied by a written statement
executed by the captain of the vessel which harvested the tuna
certifying that no tuna were caught on the trip in which such
tuna were harvested using a purse seine net intentionally
deployed on or to encircle dolphin;
"(ii) the product is accompanied by a written statement
executed by "(I) the Secretary or the Secretary's designee, or
"(II) a representative of the Inter-American Tropical Tuna
Commission,
which states that there was an approved observer on board the
vessel during the entire trip and that purse seine nets were not
intentionally deployed during the trip on or to encircle dolphin;
and
"(iii) the statements referred to in clauses (i) and (ii) are
endorsed in writing by each exporter, importer, and processor of
the product."
Subsec. (f). Pub. L. 105-42, Sec. 5(b), amended heading and text
of subsec. (f) generally. Prior to amendment, text read as follows:
"The Secretary, in consultation with the Secretary of the Treasury,
shall issue regulations to implement this section not later than 6
months after November 28, 1990, including regulations establishing

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procedures and requirements for ensuring that tuna products are
labeled in accordance with subsection (d) of this section."
Subsec. (g). Pub. L. 105-42, Sec. 5(c), added subsec. (g) and
struck out former subsec. (g), which had amended section 1371 of
this title.
Subsecs. (h), (i). Pub. L. 105-42, Sec. 5(c), added subsec. (h)
and struck out former subsecs. (h) and (i) which read as follows:
"(h) Negotiations. - The Secretary of State shall immediately
seek, through negotiations and discussions with appropriate foreign
governments, to reduce and, as soon as possible, eliminate the
practice of harvesting tuna through the use of purse seine nets
intentionally deployed to encircle dolphins.
"(i) Effective Date. - Subsections (d) and (e) of this section
shall take effect 6 months after November 28, 1990."
-CHANGECHANGE OF NAME
Committee on Commerce of House of Representatives changed to
Committee on Energy and Commerce of House of Representatives, and
jurisdiction over matters relating to securities and exchanges and
insurance generally transferred to Committee on Financial Services
of House of Representatives by House Resolution No. 5, One Hundred
Seventh Congress, Jan. 3, 2001.
-MISC2EFFECTIVE DATE OF 1997 AMENDMENT
For 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

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title.
-FOOTNOTE(!1) So in original. Probably should be "this section".
(!2) So in original. Probably should be "this subsection".

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