Page:United States Statutes at Large Volume 111 Part 2.djvu/44

 Ill STAT. 1124 PUBLIC LAW 105-42 —AUG. 15, 1997 obligations of membership in the Inter-American Tropical Tuna Commission, including all financial obligations; and that nation's vessels under the International Dolphin Conservation Program do not exceed the limits determined for 1997, or for any year thereafter, consistent with the objective of progressively reducing dolphin mortality to a level approaching zero through the setting of annual limits and the goal of eliminating dolphin mortality, and requirements of the International Dolphin Conservation Program;"; (2) by redesignating subparagraphs (C), (D), and (E) as subparagraphs (D), (E), and (F), respectively; (3) by inserting after subparagraph (B) the following: "(C) shall not accept such documentary evidence if— "(i) the government of the harvesting nation does not provide directly or authorize the Inter-American Tropical Tuna Commission to release complete and accurate information to the Secretary in a timely manner— "(I) to allow determination of compliance with the International Dolphin Conservation Program; and "(II) for the purposes of tracking and verifying complieuice with the minimum requirements established by the Secretary in regulations promulgated under subsection (f) of the Dolphin Protection Consumer Information Act (16 U.S.C. 1385(f)); or "(ii) after taking into consideration such information, findings of the Inter-American Tropical Txma Commission, and any other relevant information, including information that a nation is consistently failing to take enforcement actions on violations which diminish the effectiveness of the International Dolphin Conservation Program, the Secretary, in consultation with the Secretary of State, finds that the harvesting nation is not in compliance with the International Dolphin Conservation Program."; and (4) by striking "subparagraph (E)" in the matter after subparagraph (F), as redesignated by paragraph (2) of this subsection, and inserting "subparagraph (F)". (c) CERTAIN INCIDENTAL TAKINGS. — Section 101 (16 U.S.C. 1371) is further amended by adding at the end the following new subsection: "(e) ACT NOT TO APPLY TO INCIDENTAL TAKINGS BY UNITED STATES CITIZENS EMPLOYED ON FOREIGN VESSELS OUTSIDE THE UNITED STATES EEZ. —The provisions of this Act shall not apply to a citizen of the United States who incidentally takes euiy marine mammal during fishing operations outside the United States exclusive economic zone (as denned in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802)) when employed on a foreign fishing vessel of a harvesting nation which is in compliance wim the International Dolphin Conservation Program. ".
 * (iii) the total dolphin mortality limits, and perstock per-year dolphin mortality limits permitted for

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