§1413. Research programs

(a) In general

An agreement entered into under section 1412 of this title shall-

(1) establish an international research program to develop methods of fishing for large yellowfin tuna-

(A) without setting nets on dolphins or other marine mammals; or

(B) by setting nets on dolphins or other marine mammals with zero set-caused mortality;

(2) require that proposals for research under the program be reviewed and authorized by a competent regional organization;

(3) require that research under the program be conducted by dedicated vessels that-

(A) are authorized to conduct that research by a competent regional organization; and

(B) have on board in accordance with section 1415(a)(2) of this title an observer who is responsible to, and supervised by, a competent regional organization.

(b) Limitations on dolphin mortality

For the eastern tropical Pacific Ocean, an agreement entered into under section 1412 of this title shall require that-

(1) the total number of research sets on dolphins conducted pursuant to this section during the period beginning March 1, 1994, and ending December 31, 1999, shall not exceed 400 annually, and that the total annual dolphin mortality shall not exceed 1,000;

(2) the Inter-American Tropical Tuna Commission shall establish a panel to review and report on the compliance of the international yellowfin tuna fishery fleet with the limits established in paragraph (1) and make recommendations as appropriate; and

(3) the Inter-American Tropical Tuna Commission shall establish an Advisory Board of technical specialists from the international communities of scientists, government agencies, environmental groups, and the fishing industry, to assist that commission in efforts to coordinate, facilitate, and guide research.

(c) Funding

(1) In general

An agreement entered into under section 1412 of this title shall establish fair and equitable mechanisms for funding research conducted pursuant to this section.

(2) Proceeds of research harvests

An agreement entered into under section 1412 of this title shall provide that the proceeds of any tuna harvested for the purpose of research conducted pursuant to this section should, to the extent possible, be used for funding research conducted pursuant to this section.

(3) Limitation on use of United States funding

Funding provided by the United States for research shall be used only for the purpose of developing methods of fishing for large yellowfin tuna that do not involve intentionally encircling dolphins or other marine mammals.

(d) Review of research proposals

The Marine Mammal Commission established under section 1401 of this title shall-

(1) review all research proposals submitted to the Inter-American Tropical Tuna Commission; and

(2) recommend an appropriate response to each of those proposals, to the United States Commissioners on the Inter-American Tropical Tuna Commission.

(Pub. L. 92–522, title III, §303, as added Pub. L. 102–523, §2(a), Oct. 26, 1992, 106 Stat. 3426 .)

Codification

Another section 303 of Pub. L. 92–522 was renumbered section 403 and is classified to section 1421b of this title.

Section Referred to in Other Sections

This section is referred to in sections 1414, 1418 of this title.