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U.S. Code as of:
01/19/04
Section 1411. Findings and policy
(a) Findings
The Congress finds the following:
(1) The yellowfin tuna fishery of the eastern tropical Pacific
Ocean has resulted in the deaths of millions of dolphins.
(2) Significant awareness and increased concern for the health
and safety of dolphin populations has encouraged a change in
fishing methods worldwide.
(3) United States tuna fishing vessels have led the world in
the development of fishing methods to reduce dolphin mortalities
in the eastern tropical Pacific Ocean and United States tuna
processing companies have voluntarily promoted the marketing of
tuna that is dolphin safe.
(4) Nations harvesting yellowfin tuna 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.
(b) Policy
It is the policy of the United States to -
(1) eliminate the marine mammal mortality resulting from the
intentional encirclement of dolphins and other marine mammals in
tuna purse seine fisheries;
(2) support the International Dolphin Conservation Program and
efforts within the Program to reduce, with the goal of
eliminating, the mortality referred to in paragraph (1);
(3) ensure that the market of the United States does not act as
an incentive to the harvest of tuna caught with driftnets or
caught by purse seine vessels in the eastern tropical Pacific
Ocean not operating in compliance with the International Dolphin
Conservation Program;
(4) secure appropriate multilateral agreements to ensure that
United States tuna fishing vessels shall have continued access to
productive tuna fishing grounds in the South Pacific Ocean and
elsewhere; and
(5) encourage observer coverage on purse seine vessels fishing
for tuna outside of the eastern tropical Pacific Ocean in a
fishery in which the Secretary has determined that a regular and
significant association occurs between marine mammals and tuna,
and in which tuna is harvested through the use of purse seine
nets deployed on or to encircle marine mammals.
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