16 U.S. Code § 1385 - Dolphin protection
For additional prohibitions relating to this section
 See References in Text note below.
 So in original. Probably should be “this subsection”.
This section, referred to in subsecs. (d)(3)(A) and (e), was in the original “this Act”, and was translated as referring to the Dolphin Protection Consumer Information Act, which is classified to this section, to reflect the probable intent of Congress.
Section was not enacted as part of the Marine Mammal Protection Act of 1972 which comprises this chapter.
2015—Subsec. (e). Pub. L. 114–81 amended subsec. (e) generally. Prior to amendment, text read as follows:“Any person who knowingly and willfully makes a statement or endorsement described in subsection (d)(2)(B) that is false is liable for a civil penalty of not to exceed $100,000 assessed in an action brought in any appropriate district court of the United States on behalf of the Secretary.”
1997—Subsec. (d). Pub. L. 105–42, § 5(a), amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows:
“(1) It is a violation of section 45 of title 15 for any producer, importer, exporter, distributor, or seller of any tuna product that is exported from or offered for sale in the United States to include on the label of that product the term ‘Dolphin Safe’ or any other term or symbol that falsely claims or suggests that the tuna contained in the product was harvested using a method of fishing that is not harmful to dolphins if the product contains—
“(A) tuna harvested on the high seas by a vessel engaged in driftnet fishing; or
“(B) tuna harvested in the eastern tropical Pacific Ocean by a vessel using purse seine nets which do not meet the requirements for being considered dolphin safe under paragraph (2).
“(2) For purposes of paragraph (1)(B), a tuna product that contains tuna harvested in the eastern tropical Pacific Ocean by a fishing vessel using purse seine nets is dolphin safe if—
“(A) the vessel is of a type and size that the Secretary has determined is not capable of deploying its purse seine nets on or to encircle dolphin; or
“(B)(i) the product is accompanied by a written statement executed by the captain of the vessel which harvested the tuna certifying that no tuna were caught on the trip in which such tuna were harvested using a purse seine net intentionally deployed on or to encircle dolphin;
“(ii) the product is accompanied by a written statement executed by—
“(I) the Secretary or the Secretary’s designee, or
“(II) a representative of the Inter-American Tropical Tuna Commission,
which states that there was an approved observer on board the vessel during the entire trip and that purse seine nets were not intentionally deployed during the trip on or to encircle dolphin; and
“(iii) the statements referred to in clauses (i) and (ii) are endorsed in writing by each exporter, importer, and processor of the product.”
Subsec. (f). Pub. L. 105–42, § 5(b), amended heading and text of subsec. (f) generally. Prior to amendment, text read as follows: “The Secretary, in consultation with the Secretary of the Treasury, shall issue regulations to implement this section not later than 6 months after November 28, 1990, including regulations establishing procedures and requirements for ensuring that tuna products are labeled in accordance with subsection (d) of this section.”
Subsecs. (h), (i). Pub. L. 105–42, § 5(c), added subsec. (h) and struck out former subsecs. (h) and (i) which read as follows:
“(h) Negotiations.—The Secretary of State shall immediately seek, through negotiations and discussions with appropriate foreign governments, to reduce and, as soon as possible, eliminate the practice of harvesting tuna through the use of purse seine nets intentionally deployed to encircle dolphins.
“(i) Effective Date.—Subsections (d) and (e) of this section shall take effect 6 months after November 28, 1990.”
Committee on Commerce of House of Representatives changed to Committee on Energy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and exchanges and insurance generally transferred to Committee on Financial Services of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001.
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