Page:United States Statutes at Large Volume 111 Part 2.djvu/53

 PUBLIC LAW 105-42—AUG. 15, 1997 111 STAT. 1133 "(5) Within 120 days after the Secretary notifies the United States Commissioners to the Inter-American Tropical T\ma Commission of the Secretary determination under paragraph (1)(A), the United States Commissioners shall call for a special meeting of the Commission to address the actions necessary to reduce incidental mortsJity and serious injury and mitigate the adverse impact which resulted in the determination. The Commissioners shall report the results of the special meeting in writing to the Secretary and to the Secretary of State. In their report, the Commissioners shall— "(A) include a description of the actions taken by the harvesting nations or under the International Dolphin Conservation Program to reduce the incidental mortality and serious injury and measures to mitigate the adverse impact on the marine mammal species or stock; "(B) indicate whether, in their judgment, the actions taken address the problem adequately; and "(C) if they indicate that the actions taken do not address the problem adequately, include recommendations of such additional action to be taken as may be necessary. <«EC. 304. RESEARCH. "(a) REQUIRED RESEARCH. — "(1) IN GENERAL.— The Secretary shall, in consultation with the Marine Mammal Commission and the Inter-American Tropical Tuna Commission, conduct a study of the effect of intentional encirclement (including chase) on dolphins and dolphin stocks incidentally tgiken in the course of purse seine fishing for yellowfin tuna in the eastern tropical Pacific Ocean. The study, which shall commence on October 1, 1997, shall consist of abundance surveys as described in paragraph (2) and stress studies as described in paragraph (3), and shall address the question of whether such encirclement is having a significant adverse impact on any depleted dolphin stock in the eastern tropical Pacific Ocean. "(2) POPULATION ABUNDANCE SURVEYS.—The abundance surveys under this subsection shall survey the abundance of such depleted stocks and shall be conducted during each of the calendar years 1998, 1999, and 2000. "(3) STRESS STUDIES.— The stress studies under this subsection shall include— "(A) a review of relevant stress-related research and a 3-year series of necropsy samples from dolphins obtained by commercial vessels; "(B) a 1-year review of relevant historical demographic and biological data related to dolphins and dolphin stocks referred to in paragraph (1); and "(C) an experiment involving the repeated chasing and capturing of dolphins by means of intentional encirclement. "(4) REPORT.— No later than 90 days after publishing the finding under subsection (g)(2) of the Dolphin Protection Consumer Information Act, the Secretary shall complete and submit a report containing the results of the research described in this subsection to the United States Senate Committee on Commerce, Science, and Transportation and the United States House of Representatives Committees on Resources and on Notification. Reports. 16 USC 1414a.

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