Page:United States Statutes at Large Volume 111 Part 2.djvu/43

 PUBLIC LAW 105-42—AUG. 15, 1997 111 STAT. 1123 (4) 12 signatory nations to the Declaration of Panama, including the United States, agreed under that Declaration to require that the total annual dolphin mortality in the purse seine fishery for yellowfin tuna in the eastern tropical Pacific Ocean not exceed 5,000 animals, with the objective of progressively reducing dolphin mortality to a level approaching zero through the setting of annual limits and with the goal of eliminating dolphin mortality. SEC. 3. DEFINITIONS. Section 3 (16 U.S.C. 1362) is amended by adding at the end the following new paragraphs: "(28) The term 'International Dolphin Conservation Program' means the international program established by the agreement signed in LaJoUa, California, in June, 1992, as formalized, modified, and enhanced in accordance with the Declaration of Panama. "(29) The term 'Declaration of Panama' means the declaration signed in Panama City, Republic of Panama, on October 4, 1995.". SEC. 4. AMENDMENTS TO TITLE I. (a) EXCEPTIONS TO MORATORIUM. —Section 101(a)(2) (16 U.S.C. 1371(a)(2)) is amended— (1) by inserting after the first sentence "Such authorizations may be granted under title III with respect to purse seine fishing for yellowfin t\ina in the eastern tropical Pacific Ocean, subject to regulations prescribed under that title by the Secretary without regard to section 103."; and (2) by striking the semicolon in the second sentence and Eili that follows through "practicable". (b) DOCUMENTATION REQUIRED.—Section 101(a)(2) (16 U.S.C. 1371(a)(2)) is further amended— (1) by striking subparagraph (B) and inserting the following: "(B) in the case of yellowfin tuna harvested with purse seine nets in the eastern tropical Pacific Ocean, and products therefrom, to be exported to the United States, shall require that the government of the exporting nation provide documentarv evidence that— "(i)(I) the tuna or products therefrom were not banned from importation under this paragraph before the effective date of section 4 of the International Dolphin Conservation Program Act- or "(II) the tuna or products therefrom were harvested after the effective date of section 4 of the International Dolphin Conservation Program Act by vessels of a nation which peirticipates in the International Dolphin Conservation Program, and such harvesting nation is either a member of the Inter- American Tropical Tuna Commission or has initiated (and within 6 months thereafter completed) all steps required of applicant nations, in accordance with article V, parag]"aph 3 of the Convention establishing the Inter-American Tropical Tuna Commission, to become a member of that organization; "(ii) such nation is meeting the obligations of the International Dolphin Conservation Program and the

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