Chapter III — Marine Mammal/Fisheries Interactions 



caught in compliance with the agreement by nations 

 that are members of the Inter-American Tropical Tuna 

 Commission or that have initiated steps to become 

 members, and (3) redefining the term dolphin-safe to 

 include any tuna caught in the eastern tropical Pacific 

 by a purse seine vessel in a set in which no dolphin 

 mortality was observed. 



The signatories to the Declaration of Panama 

 specified several provisions that would be included in 

 the binding international instrument once the requisite 

 changes to U.S. law had been enacted. These includ- 

 ed commitments to (1) adopt conservation and man- 

 agement measures that ensure the long-term sustain- 

 ability of tuna stocks and other living marine resourc- 

 es in the eastern tropical Pacific, (2) assess the catch 

 and bycatch of juvenile yellowfin tuna and other living 

 marine resources of the eastern tropical Pacific and 

 adopt measures to reduce or eliminate such bycatch, 

 (3) implement the international agreement through 

 enactment of domestic legislation and/or adoption of 

 regulations, (4) enhance existing mechanisms for 

 reviewing compliance with the international program, 

 (5) establish annual stock-specific quotas on dolphin 

 mortality based on minimum population estimates, (6) 

 limit overall dolphin mortality to no more than 5,000 

 per year, (7) establish a system that provides incen- 

 tives to vessel captains to continue to reduce dolphin 

 mortality, and (8) establish or strengthen national 

 scientific advisory committees to advise their respec- 

 tive governments on research needs. 



As provided for in the Declaration of Panama, 

 until the year 2001, an annual quota for each stock 

 would be set at between 0.1 and 0.2 percent of the 

 minimum population estimate for the stock. Begin- 

 ning in the year 2001, the annual per-stock quota 

 would be set at 0.1 percent of the stock's minimum 

 population estimate. If the annual quota for any stock 

 were exceeded, all sets on that stock and any mixed 

 schools containing individuals from that stock would 

 cease for the remainder of the year. In addition, 

 should the annual mortality for the eastern spinner or 

 the northeastern offshore spotted dolphin exceed 0.1 

 percent of the minimum population estimate, the 

 governments would conduct a scientific review to 

 consider whether further action to reduce mortality 

 was needed. 



The International Dolphin Conservation 

 Program Act 



Efforts to amend U.S. law as called for by the 

 Declaration of Panama culminated in enactment of the 

 International Dolphin Conservation Program Act on 

 15 August 1997. The new law made several changes 

 to the U.S. tuna-dolphin program. Amendments to 

 section 304 of the Marine Mammal Protection Act 

 direct the Secretary of Commerce, in consultation 

 with the Marine Mammal Commission and the Inter- 

 American Tropical Tuna Commission, to conduct a 

 study of the effects of chase and encirclement on 

 dolphins and dolphin stocks taken in the course of 

 purse seine fishing for yellowfin mna in the eastern 

 tropical Pacific. The amendments direct that the study 

 commence on 1 October 1997 and consist of abun- 

 dance surveys and stress studies designed to determine 

 whether chase and encirclement are having a "signifi- 

 cant adverse impact on any depleted dolphin stock in 

 the eastern tropical Pacific Ocean." Specifically, the 

 amendments require the National Marine Fisheries 

 Service to survey the abundance of depleted dolphin 

 stocks (northeastern offshore spotted dolphins and 

 eastern spinner dolphins) during calendar years 1998, 

 1999, and 2000. The stress studies are to include (1) 

 a review of relevant stress-related research and a 

 three-year series of necropsy samples from dolphins 

 obtained by commercial vessels, (2) a one-year review 

 of relevant historical demographic and biological data 

 related to dolphins and dolphin stocks, and (3) an 

 experiment involving the repeated chasing and captur- 

 ing of dolphins by means of intentional encirclement. 



The Service is to make an initial finding in March 

 1999, based on the preliminary results of the research 

 program and any other relevant information, as to 

 whether the intentional encirclement of dolphins is 

 having a significant adverse effect on any depleted 

 dolphin stock. A final finding is to be made between 

 1 July 2001 and 31 December 2002 and a report of 

 that finding submitted to Congress. Unless the 

 Service determines that chase and encirclement are 

 having a significant adverse effect on a depleted 

 dolphin stock, the definition of dolphin-safe tuna will 

 be changed to include all tuna harvested in sets in 

 which no dolphin mortality was observed. 



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