Page:United States Statutes at Large Volume 111 Part 2.djvu/46

 Ill STAT. 1126 PUBLIC LAW 105-42 —AUG. 15, 1997 "(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 particulgir 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 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 tima 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); "(ii) the product is accompanied by a written statement executed by— "(I) the Secretary or the Secretary designee; "(II) a representative of the Inter-American Tropical Tuna Commission; or

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