Page:United States Statutes at Large Volume 111 Part 2.djvu/51

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.'jjiHSf^,.'; PUBLIC LAW 105-42—AUG. 15, 1997 111 STAT. 1131 "SEC. 303. REGULATORY AUTHORITY OF THE SECRETARY. 16 USC 1413. " (a) REGULATIONS.— "(1) The Secretary shall issue regulations, and revise those regulations as may oe appropriate, to implement the International Dolphin Conservation Program. "(2)(A) The Secretary shall issue regulations to authorize and govern the taking of marine mammals in the eastern tropical Pacific Ocean, including any species of marine mammal designated as depleted under this Act but not listed as endanfered or threatened under the Endangered Species Act (16 I.S.C. 1531 et seq.), by vessels of the United States participating in the International Dolphin Conservation Program. "(B) Regulations issued under this section shall include provisions— "(i) requiring observers on each vessel; "(ii) requiring use of the backdown procedure or other procedures equally or more effective in avoiding mortality of, or serious injury to, marine mammals in fishing operations; "(iii) prohibiting intentional sets on stocks sind schools in accordance with the International Dolphin Conservation Program; "(iv) requiring the use of special equipment, including dolphin safety panels in nets, monitoring devices as identified by the International Dolphin Conservation Program to detect unsafe fishing conditions that may cause high incidental dolphin mortality before nets are deployed by a tuna vessel, operable rafts, speedboats with towing bridles, floodlights in operable condition, and diving masks and snorkels; "(v) ensuring that the backdown procedure during sets of purse seine net on marine mammals is completed and rolling of the net to sack up has begun no later than 30 minutes before sundown; "(vi) banning the use of explosive devices in all purse seine operations; "(vii) establishing per vessel maximum annual dolphin mortality limits, total dolphin mortality limits and per-stock per-year mortality limits in accordance with the International Dolphin Conservation Program; "(viii) preventing the making of intentional sets on dolphins after reaching either the vessel maximum annual dolphin mortality limits, total dolphin mortality limits, or per-stock per-year mortality limits; "(ix) preventing the fishing on dolphins by a vessel without an assigned vessel dolphin mortality limit; "(x) allowing for the authorization and conduct of experimental fishing operations, under such terms and conditions as the Secretary may prescribe, for the purpose of testing proposed improvements in fishing techniques and equipment that may reduce or eliminate dolphin mortality or serious injury do not require the encirclement of dolphins in the course of commercial yellowfin tuna fishing; "(xi) authorizing fishing within the area covered by the International Dolphin Conservation Program by vessels of the United States without the use of specied equipment