§1416. Permits for taking dolphins

(a) Additional restrictions under general permit

Notwithstanding section 1374(h) of this title, the general permit issued to the American Tunaboat Association on December 1, 1980, shall be subject to the following additional restrictions:

(1) Total dolphin mortalities (including mortalities resulting from research) authorized by the permit shall not exceed 1,000 during the period beginning January 1, 1992, and ending December 31, 1992, and 800 during the period beginning January 1, 1993, and ending March 1, 1994.

(2) No purse seine net may be deployed under the permit on or to encircle any school of dolphins in which any eastern spinner dolphin (Stenella longirostris) or coastal spotted dolphin (Stenella attenuata) is observed prior to release of the net skiff.

(3) The permit shall expire March 1, 1994, unless no major purse seine tuna fishing country enters into an agreement with the Secretary in accordance with section 1412 of this title before that date (notwithstanding any agreement under that section with a country that is not a major purse seine tuna fishing country).

(4) If no major purse seine tuna fishing country enters into an agreement with the Secretary in accordance with section 1412 of this title before March 1, 1994, and notwithstanding any agreement under that section with a country that is not a major purse seine tuna fishing country-

(A) the total dolphin mortalities authorized by the permit for each year after 1992, including mortalities caused by research, shall not exceed the number of dolphin mortalities which occurred under the permit during the preceding year;

(B) the total dolphin mortalities occurring under the permit each year shall continue to be reduced by statistically significant amounts each year to levels approaching zero by December 31, 1999;

(C) the permit shall be subject to any additional restrictions that the Secretary considers appropriate; and

(D) the permit shall expire December 31, 1999.

(b) Permits required for taking dolphins for research purposes

An agreement entered into under section 1412 of this title shall not supersede or be interpreted to supersede any provision of this chapter under which a permit under this chapter is required for activities conducted pursuant to this subchapter.

(c) "Major purse seine tuna fishing country" defined

For purposes of this section, the term "major purse seine tuna fishing country" means a country which on October 26, 1992, has an active purse seine tuna fishing fleet of 20 or more vessels.

(Pub. L. 92–522, title III, §306, as added Pub. L. 102–523, §2(a), Oct. 26, 1992, 106 Stat. 3430 .)

Codification

Another section 306 of Pub. L. 92–522 was renumbered section 406 and is classified to section 1421e of this title.

Section Referred to in Other Sections

This section is referred to in sections 1374, 1417 of this title.