Page:United States Statutes at Large Volume 111 Part 2.djvu/49

 PUBLIC LAW 105-42 —AUG. 15, 1997 111 STAT. 1129 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 Federal Register, Register and shall become effective upon a subsequent date deter- publication. mined 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) 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. "(2) 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 tima were caught on a trip commencing— "(A) before the effective date of the initial finding by the Secretary under subsection (g)(1); "(B) 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 deplojment 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), where such finding is that the intentional deployment on or encirclement of dolphins is having a significant adverse impact on any such depleted stock.". SEC. 6. AMENDMENTS TO TITLE UI. (a) CHANGE OF TITLE HEADING. — The heading of title III is amended to read as follows: " TITLE III—INTERNATIONAL DOLPHIN CONSERVATION PROGRAM". (b) ADDITIONAL FINDINGS. —Section 301 (16 U.S.C. 1411) is amended— (1) by striking paragraph (4) of subsection (a) and inserting the following: "(4) Nations harvesting yellowfin tima in the eastern tropical Pacific Ocean have demonstrated their willingness to participate in appropriate multilateral agreements to reduce dolphin mortality progressively to a level approaching zero through the setting of annual limits, with the goal of eliminating dolphin mortality in that fishery. Recognition of the International Dolphin Conservation Program will assure that the existing trend of reduced dolphin mortality continues; that individual stocks of dolphins are adequately protected; and that the goal of eliminating all dolphin mortality continues to be a priority."; and (2) by striding paragraphs (2) and (3) of subsection (b) and inserting the following:

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