MARINE MAMMAL COMMISSION - Annual Report for 1998 



The amendments authorize the following appropria- 

 tions to carry out the research program: $4 million in 

 fiscal year 1998, $3 million in fiscal year 1999, $4 

 million in fiscal year 2000, and $1 million in fiscal 

 year 2001. An additional $3 million is authorized for 

 each of these four fiscal years to carry out research 

 related to the eastern tropical Pacific tuna fishery. 

 Presumably, such appropriations could be used for the 

 abundance surveys and stress studies or to conduct 

 other research to further the goals of the International 

 Dolphin Conservation Program, as discussed below. 



Before the amendments take effect, two things 

 must occur — (1) the Secretary of State must certify 

 that a binding resolution of the Inter-American Tropi- 

 cal Tuna Commission (or some other legally binding 

 international instrument) establishing the International 

 Dolphin Conservation Program has been adopted and 

 is in force and (2) the Secretary of Commerce must 

 certify that sufficient funding is available to complete 

 the first year of the abundance surveys and the stress 

 studies and that the studies have begun. 



The amendments also direct the National Marine 

 Fisheries Service to engage in other research to 

 further the goals of the International Dolphin Conser- 

 vation Program. The Service, in consultation with the 

 Marine Mammal Commission and with the coopera- 

 tion of the nations participating in the International 

 Dolphin Conservation Program and the Inter-Ameri- 

 can Tropical Tuna Commission, is to conduct such 

 research, which may include projects to (1) devise 

 cost-effective fishing methods and gear designed to 

 reduce or eliminate incidental mortality and serious 

 injury of dolphins; (2) develop cost-effective methods 

 for catching mature yellowfin tuna that do not require 

 setting on dolphins; (3) carry out assessments of 

 dolphin stocks taken in the eastern tropical Pacific 

 tuna fishery; and (4) determine the extent to which the 

 incidental taking of non-target species, including 

 juvenile tuna, occurs in the eastern tropical Pacific 

 tuna fishery and assess the impact of such taking. 



Although it will remain subject to the dolphin-safe 

 labeling requirements, all tuna caught in the eastern 

 tropical Pacific after the effective date of the amend- 

 ments may be imported into the United States, provid- 

 ed it was caught in accordance with the requirements 

 of the International Dolphin Conservation Program. 



The amendments further require that the total dolphin 

 mortality limits and the per-stock limits for nations 

 importing tuna to the United States progressively 

 decline from 1997 levels. Once the amendments 

 become effective, the zero quota and stock-specific 

 restrictions that have prevented U.S. fishermen from 

 setting on dolphins will be lifted. They will be able 

 to apply for a permit allowing them to take dolphins 

 in accordance with the provisions of the International 

 Dolphin Conservation Program. Unlike the multi- 

 year, general permits issued to the American Tunaboat 

 Association in the past, individual vessels will be 

 required to obtain annual permits. 



As of the end of 1998 most provisions of the 

 International Dolphin Conservation Program Act were 

 not yet in effect. On 27 July 1998 the Director of the 

 National Marine Fisheries Service, on behalf of the 

 Secretary of Commerce, certified that sufficient 

 funding was available to complete the first year of the 

 study on the effects of chase and encirclement on 

 dolphins. However, although the parties to the 

 Declaration of Panama signed the required binding 

 international agreement, the Agreement on the Inter- 

 national Dolphin Conservation Program, on 21 May 

 1998, it does not enter into force until it has been 

 ratified by four parties. At the end of 1998 only the 

 United States and Panama had ratified the agreement. 



Implementation of the 1997 Amendments 



As noted above, the International Dolphin Conser- 

 vation Program Act requires the National Marine 

 Fisheries Service to consult with the Marine Mammal 

 Commission regarding implementation of mandated 

 research into the effects of chase and encirclement on 

 dolphins. Other research in fiirtherance of the goals 

 of tlie International Dolphin Conservation Program 

 required under the Act is also to be conducted in 

 consultation with the Commission. In addition, the 

 Service is required to consult with the Commission in 

 developing regulations to implement the new provi- 

 sions governing the taking of marine mammals 

 incidental to the eastern tropical Pacific mna fishery. 



The Commission established the groundwork for 

 these consultations in a 9 September 1997 letter to the 

 National Marine Fisheries Service in which it solicited 

 the Service's ideas on how best to structure the 



118 



