16 U.S.C. § 1385 — Dolphin protection
submitted 36 years ago by Pub. L. 101-627 to r/title-16-CONSERVATION · 1,920 words · no verdicts yet
This section sets rules for labeling tuna as “dolphin safe.” It defines the relevant terms, requires tracking and certifications, and directs the Secretary to issue regulations and make findings about dolphin stocks.
(a) Short title. This section may be called the “Dolphin Protection Consumer Information Act.”
(b) Findings. Congress finds that:
(1) Tuna fishing in the eastern tropical Pacific Ocean, and high-seas driftnet fishing elsewhere, often kills dolphins and other marine mammals.
(2) The United States* supports a worldwide ban on high-seas driftnet fishing partly because driftnets harm marine mammals, including dolphins.
(3) Consumers want to know whether tuna they buy is falsely labeled about how harvesting it affected dolphins.
(c) Definitions. For this section:
(1) “Driftnet” and “driftnet fishing” have the meanings given in section 4003 of the Driftnet Impact Monitoring, Assessment, and Control Act of 1987. This section does not define those terms.
(2) “Eastern tropical Pacific Ocean” means the Pacific Ocean area bounded by 40 degrees north latitude, 40 degrees south latitude, 160 degrees west longitude, and the western coasts of North, Central, and South America.
(3) “Label” means written, printed, or graphic material displayed on or attached to an article’s immediate container.
(4) “Secretary” means the Secretary of Commerce.
(5) “Tuna product” means a food item containing tuna that has been processed for retail sale. It does not include a perishable sandwich, salad, or other product with a shelf life of less than 3 days.
(d) Labeling standard.
(1) A producer, importer, exporter, distributor, or seller violates section 45 of title 15 by putting “dolphin safe,” or another term or symbol falsely claiming or suggesting that the tuna was caught by a dolphin-safe fishing method, on a tuna product exported from or offered for sale in the United States if the tuna was harvested:
(A) on the high seas by a driftnet-fishing vessel;
(B) outside the eastern tropical Pacific Ocean by a vessel using purse seine nets—
(i) in a fishery* where the Secretary has found a regular and significant dolphin-tuna association like the one in the eastern tropical Pacific, unless the product has a written statement signed by the vessel captain and an observer in a Secretary-approved national or international program certifying that, on that trip, no purse seine was intentionally deployed on or used to encircle dolphins and no dolphins were killed or seriously injured in the sets where the tuna were caught; or
(ii) in another fishery, except one described in subparagraph (D), unless the product has a written statement signed by the captain certifying that, on that trip, no purse seine was intentionally deployed on or used to encircle dolphins;
(C) in the eastern tropical Pacific Ocean by a purse-seine vessel, unless paragraph (2) says the tuna is dolphin safe; or
(D) by a vessel in another fishery that the Secretary identifies as having regular and significant dolphin mortality or serious injury, unless the product has a written statement signed by the captain and an observer in a Secretary-approved national or international program certifying that no dolphins were killed or seriously injured in the sets or other gear deployments where the tuna were caught. This observer statement is required only if the Secretary determines it is necessary.
(2) For paragraph (1)(C), tuna caught in the eastern tropical Pacific by purse seine is dolphin safe if:
(A) the Secretary has determined, consistently with the International Dolphin Conservation Program*, that the vessel’s type and size cannot deploy its purse seine on or encircle dolphins; or
(B) all of the following are true:
(i) The product has a captain’s written statement containing the certification required by subsection (h).
(ii) The product has a written statement from the Secretary or designee, a representative of the Inter-American Tropical Tuna Commission, or an authorized representative of a participating nation whose program meets the International Dolphin Conservation* Program. The statement must say that an approved observer was aboard for the entire trip and gave the subsection (h) certification.
(iii) Every exporter, importer, and processor has endorsed both statements in writing; and
(C) the statements and endorsements comply with the Secretary’s verification regulations.
(3) (A) The Secretary of Commerce must create an official mark that may be used for dolphin-safe tuna under this section.
(B) A product bearing that mark may not bear another label or mark referring to dolphins, porpoises, or marine mammals.
(C) A person* violates section 45 of title 15 by using another dolphin-, porpoise-, or marine-mammal-related label or mark unless:
(i) no dolphins were killed or seriously injured in the sets or other gear deployments where the tuna were caught;
(ii) a tracking and verification program supports the label and is comparably effective to the subsection (f) program; and
(iii) the label follows all applicable Federal Trade Commission labeling, marketing, and advertising laws and regulations, including environmental-labeling guidelines.
(D) If the Secretary finds that such a label substantially undermines the International Dolphin Conservation Program’s conservation goals, the Secretary must report the finding and recommendations to correct the problem to the Senate Committee on Commerce, Science, and Transportation and the House Committees on Resources and on Commerce.
(E) A person violates section 45 of title 15 by knowingly and willingly using such a label in a campaign or effort to mislead or deceive consumers about the protection the International Dolphin Conservation Program gives dolphins.
(e) Additional prohibitions and enforcement. Additional prohibitions and enforcement rules are in section 1826g of this title.
(f) Regulations. The Secretary, consulting the Secretary of the Treasury, must issue regulations implementing this section, including a domestic tracking and verification program that effectively tracks tuna labeled under subsection (d). The regulations must protect confidential proprietary information, whether its submission is voluntary or required, and must address:
(1) Weight calculations for tracking tuna when it is caught, landed, processed, and exported.
(2) More observer coverage, including training criteria and better monitoring, reporting, and procedures.
(3) Well-location designation, hold-sealing procedures, and monitoring and certification above and below deck, or equally effective methods, for tracking and verifying labeled tuna.
(4) Reporting, receiving, and storing in a database radio and facsimile messages from fishing vessels about tracking and verification, and defining “set.” This section does not otherwise define “set.”
(5) Shore-based verification and tracking through fishing, transshipment, and canning, using Inter-American Tropical Tuna Commission trip records or other means.
(6) Periodic audits and spot checks of caught, landed, and processed tuna products labeled under subsection (d).
(7) Timely access from harvesting nations to data the Secretary needs to perform the actions in paragraph (6).
The Secretary may appropriately adjust these regulations for an international tracking and verification program that meets or exceeds the minimum requirements established under this subsection.
(g) Secretarial findings.
(1) Between March 1 and March 31, 1999, the Secretary must use pre-March 1, 1999 research under section 1414a(a), International Dolphin Conservation Program information, and other relevant information to make an initial finding about whether intentionally deploying purse seines on dolphins or encircling dolphins is significantly harming a depleted* dolphin stock* in the eastern tropical Pacific. The Secretary must immediately publish the finding in the Federal Register. It takes effect on a later date the Secretary determines.
(2) Between July 1, 2001, and December 31, 2002, the Secretary must use the completed section 1414a(a) study, International Dolphin Conservation Program information, and other relevant information to make the same type of finding. The Secretary must immediately publish it in the Federal Register, and it takes effect on a later date the Secretary determines.
(h) Captain and observer certification.
(1) Unless paragraph (2) applies, the captain’s certification under subsection (d)(2)(B)(i) and the observer’s certification under subsection (d)(2)(B)(ii) must say that no dolphins were killed or seriously injured during the sets where the tuna were caught.
(2) The certifications must instead say both that no tuna on the trip was caught using a purse seine intentionally deployed on or used to encircle dolphins and that no dolphins were killed or seriously injured during the relevant sets if the trip began:
(A) before the initial finding under subsection (g)(1) took effect;
(B) after that initial finding took effect but before the subsection (g)(2) finding took effect, when the initial finding said the conduct significantly harmed a depleted stock; or
(C) after the subsection (g)(2) finding took effect, when that finding said the conduct significantly harmed such a stock.
This section may be cited as the “Dolphin Protection Consumer Information Act”.
The Congress finds that—
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;
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
consumers would like to know if the tuna they purchase is falsely labeled as to the effect of the harvesting of the tuna on dolphins.
For purposes of this section—
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);
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;
the term “label” means a display of written, printed, or graphic matter on or affixed to the immediate container of any article;
the term “Secretary” means the Secretary of Commerce; and
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.
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 harvested—
on the high seas by a vessel engaged in driftnet fishing;
outside the eastern tropical Pacific Ocean by a vessel using purse seine nets—
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
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;
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
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 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.
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—
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
the product is accompanied by a written statement executed by the captain providing the certification required under subsection (h);
the product is accompanied by a written statement executed by—
the Secretary or the Secretary’s designee;
a representative of the Inter-American Tropical Tuna Commission; or
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 International Dolphin Conservation Program on board the vessel during the entire trip and that such observer provided the certification required under subsection (h); and
the statements referred to in clauses (i) and (ii) are endorsed in writing by each exporter, importer, and processor of the product; and
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.
The Secretary of Commerce shall develop an official mark that may be used to label tuna products as dolphin safe in accordance with this section.1
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.
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—
no dolphins were killed or seriously injured in the sets or other gear deployments in which the tuna were caught;
the label is supported by a tracking and verification program which is comparable in effectiveness to the program established under subsection (f); and
the label complies with all applicable labeling, marketing, and advertising laws and regulations of the Federal Trade Commission, including any guidelines for environmental labeling.
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.
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.
For additional prohibitions relating to this section 1 and enforcement of this section,1 see section 1826g of this title.
The Secretary, in consultation with the Secretary of the Treasury, shall issue regulations to implement this section,1 including regulations to establish a domestic tracking and verification program that provides for the effective tracking of tuna labeled under subsection (d). In the 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:
The use of weight calculation for purposes of tracking tuna caught, landed, processed, and exported.
Additional measures to enhance current observer coverage, including the establishment of criteria for training, and for improving monitoring and reporting capabilities and procedures.
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).
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.
The shore-based verification and tracking throughout the fishing, transshipment, and canning process by means of Inter-American Tropical Tuna Commission trip records or otherwise.
The use of periodic audits and spot checks for caught, landed, and processed tuna products labeled in accordance with subsection (d).
The provision of timely access to data required under this subsection by the Secretary from harvesting nations to undertake 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.
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.
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 published immediately in the Federal Register and shall become effective upon a subsequent date determined by the Secretary.
Unless otherwise required by paragraph (2), the certification by the captain under subsection (d)(2)(B)(i) and the certification provided by the observer as specified in subsection (d)(2)(B)(ii) shall be that no dolphins were killed or seriously injured during the sets in which the tuna were caught.
The certification by the captain under subsection (d)(2)(B)(i) and the certification provided by the observer as specified under subsection (d)(2)(B)(ii) 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—
before the effective date of the initial finding by the Secretary under subsection (g)(1);
after the effective date of such initial finding and before the effective date of the finding of the Secretary under subsection (g)(2), 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
after the effective date of the finding under subsection (g)(2), where such finding is that the intentional deployment on or encirclement of dolphins is having a significant adverse impact on any such depleted stock.
Source credit: (Pub. L. 101–627, title IX, § 901, Nov. 28, 1990, 104 Stat. 4465; Pub. L. 105–42, § 5, Aug. 15, 1997, 111 Stat. 1125; Pub. L. 114–81, title I, § 109, Nov. 5, 2015, 129 Stat. 659.)
- 1990Enacted · Pub. L. 101-627 · 104 Stat. 4465
- 1997Amended · Pub. L. 105-42 · 111 Stat. 1125
- 2015Amended · Pub. L. 114-81 · 129 Stat. 659
A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-627 on 1990-11-28.
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