January 29, 1997 CONGRESSIONAL RECORD — SENATE S789 can reshape Government so that we The World Health Organization believes that phins with purse seine nets and wanted can provide rural Americans the tools the provision of family planning to those guarantees that the tuna they consume they need to meet the challenges of our who need and want it will reduce maternal did not result in harassment, capture, global marketplace. mortality by one-fifth. and killing of dolphins; second, for the Sources at the Office of Population in the I commend Senator DASCHLE for his US Agency for International Development U.S. tuna companies, who wanted a work in the development of these bills. (AID) say the funding restrictions and delays uniform definition that would not un- The priority that he has given to agri- are adding up to millions of dollars in admin- dercut their voluntary efforts to re- culture in introducing these bills as istrative costs. The result is that fewer fam- main dolphin-safe; third, for the dol- part of his leadership package is most ily planning services are being provided, the phins, to avoid harassment, injury and welcome and most appropriate. I am health of a great number of women is jeop- deaths by encirclement; and fourth, for proud to be part of his leadership team ardized, and government funds are wasted truth in labeling. and a cosponsor of these two bills. because of unwarranted micromanagement by Congress. Our law has been a huge success. An- Both of these bills recognize that our Meanwhile, other development programs— nual dolphin deaths have declined from Nation’s family farmers and ranchers such as child survival, championed by Rep. 60,000 in 1990 to under 3,000 in 1995. Why are the economic lifeblood of rural Chris Smith (R) of New Jersey, Congress’s mess with success? America. When they do well, rural leading opponent of international family The Stevens-Breaux bill would per- America does well. planning aid—will be adversely affected be- mit more dolphins to be killed than are f cause their administrative costs are derived from AID’s overall operations budget. killed now. FAMILY PLANNING FUNDS Perhaps the most reprehensible element of The bill promotes the chasing and en- the Byzantine metering of international pop- Mr. KERRY. Mr. President, I want to circlement of dolphins, a tuna fishing ulation funds is that it is expected to in- practice that is very dangerous to dol- make available to all my colleagues crease abortions in the world’s poorest coun- and their staff an article by Wernor tries, though its principal architects, Con- phins. It does so by gutting the mean- Fornos, president of the Population In- gressman Smith and House Appropriations ing of dolphin safe, the label which stitute, which articulates the impor- chairman Bob Livingston (R) of Louisiana, must appear on all tuna sold in the tance of a vote that Congress will cast purport to be abortion opponents. United States. The ‘‘dolphin safe’’ label in February. This vote will affect the It doesn’t take a rocket scientist to figure has worked: it doesn’t need to be up- lives of thousands of families world- out that reducing family planning funds is a dated, as the bill’s sponsors claim. sure-fire way to increase abortions. A 35 per- wide. This vote will determine whether cent reduction of population spending last A number of arguments have been previously appropriated fiscal year 1997 year was estimated to have caused 1.6 mil- made in support of the Stevens-Breaux funds for international family planning lion additional abortions, and a nine-month bill which I would like refute at this will be released only 5 months after the moratorium plus metering may lead to an time. fiscal year for which they were pro- even greater number. 1. ENVIRONMENTAL SUPPORT vided has begun, or 9 months after it If both the US Senate and House of Rep- has begun. Releasing these funds in resentatives concur with Mr. Clinton’s find- Bill supporters claim that it is sup- ings that the strange disbursement schedule ported by the environmental commu- March as opposed to July is critical— for international population funds is det- international family planning pro- nity. In fact, only a few environmental rimental to our family planning efforts over- groups support the Stevens-Breaux bill, grams have sustained massive cuts seas, the money can be released starting as over the past year and a half. These re- early as March 1, rather than July 1. while over 85 environmental, consumer, ductions have been punitive and un- Though it still will be squeezed out at the animal protection, labor, and trade precedented. They are, quite literally, rate of 8 percent a month, at least the funds groups oppose the Stevens-Breaux bill. threatening the health of women and would be delayed five months rather than I ask unanimous consent to insert a children. nine. Neither the federal budget nor the na- list of these groups in the RECORD at tional deficit will be increased by the earlier I ask my colleagues to consider this the conclusion of my remarks. The fact release date. Congress has already agreed to is that the vast majority of environ- article when they cast their vote in spend the $385 million on family planning February. I ask unanimous consent programs overseas. The question is when. mental organizations in this country that the full text of the article be In a world where the population is climb- and around the world oppose the Ste- printed in the RECORD. ing toward 5.9 billion and increasing by near- vens-Breaux bill. There being no objection, the article ly 90 million annually, with 95 percent of the 2. EMBARGO ON TUNA was ordered to be printed in the growth in the poorest countries, playing a legislative shell game with human lives is The bill’s supporters say that it is RECORD, as follows: unworthy of a country that prides itself on unreasonable for the United States to [From the Christian Science Monitor, Jan. its humanitarianism. Members of this Con- continue to impose a unilateral embar- 22, 1997] gress should take the opportunity to at least go on other fishing nations that wish NEEDED: FAMILY PLANNING FUNDS partially erase the shame perpetrated by the to sell tuna in our country. I agree. It (By Werner Fornos) strident congressional henchmen of the is time to lift the embargo. That is antichoice movement in the last Congress. By Feb. 1, President Clinton is expected to why Senator BIDEN and I, and a number f present to the new Congress a finding that of our colleagues, introduced legisla- the current method of dispensing inter- TUNA-DOLPHIN BILL tion in the last session of Congress national population assistance is harmful that would lift the country by country and counterproductive to US program ef- Mrs. BOXER. Mr. President, last forts, and unquestionably it is. week, Senators STEVENS and BREAUX embargo against tuna that is caught by In an outrageous attempt to watch United introduced a bill S. 39, that would sig- dolphin safe methods. Our bill would States family planning efforts overseas die a nificantly weaken protections for dol- give all tuna fishermen the oppor- slow death, Congress last year approved $385 phins in the eastern tropical Pacific tunity to export to the U.S. market as million for these vital humanitarian pro- Ocean by rewriting—gutting—the ‘‘dol- long as they use dolphin safe practices. grams in 1997. Congress further specified that In other words, we would open the U.S. the money could not be dispensed until July phin safe’’ tuna labeling law that Sen- ator BIDEN and I wrote and urged into market and comply with international of this year, and even then at a rate of no trade agreements without gutting U.S. more than 8 percent a month. law in 1990. Since the 1997 fiscal year began on Oct. 1, Today, the $1 billion U.S. canned dolphin protection laws. 1996, and ends on Sept. 30, 1997, it is obvious tuna market is a dolphin safe market. We have offered repeatedly over the that the legislation was calculated to under- Consumers know that the dolphin safe past year to sit down and negotiate a mine US efforts to assist developing coun- label means that dolphins were not compromise with the administration. tries with their family planning needs. The chased, harassed, captured, or killed. We have stated repeatedly that we measure is an especially cruel hoax consider- Our definition of dolphin safe became agree it is appropriate to lift the em- ing that some 500 million women need and want to regulate their fertility but lack ac- law for all the right reasons. Those rea- bargo. We want to reach a compromise cess to contraceptives. sons are still valid today: that is in the best interest of the Moreover, 585,000 women die annually from First, for the consumers, who were American consumer, dolphins, and our causes related to pregnancy and childbirth. opposed to the encirclement of dol- U.S. tuna processing industry. S790 CONGRESSIONAL RECORD — SENATE January 29, 1997 3. SCIENCE principles are so vague and largely hor- ance, Committee for Humane Legislation, Supporters of the Stevens-Breaux bill tatory that they cannot possibly be Community Nutrition Institute. believe that we should return to chas- read as imposing legal obligations. Defenders of Wildlife, Dolphin Project ing and setting nets on dolphins be- If there were any doubt that the Interlock International, Dolphin Connection, California; Dolphin Freedom Foundation, cause bycatch of other marine species United States did not intend to be Dolphin Defenders, Florida; Dolphin Data is minimized. I believe that in order to bound by this declaration, we need Base, Dolphin Alliance, Inc.; Doris Day Ani- sustain our renewable marine re- only turn to the statement issued by mal League, Earth Island Institute, sources, we need to take a comprehen- the United States representative to the EarthTrust, Education and Action for Ani- sive ecosystem approach. I also recog- meeting in Panama. mals, Endangered Species Project, Inc.; Eu- nize that management of a single spe- The U.S. Administration supports this ini- ropean Network for Dolphins, Federation for cies does not always produce benefits tiative which is an important step on the Industrial Retention and Renewal, for the entire ecosystem. The bycatch road to a permanent, binding instrument Fondation Brigitte Bardot, France; Friends of the Earth, Friends of Animals, Friends for of juvenile tuna and other marine spe- . . . The initiative . . . is contingent upon changes in U.S. legislation . . . The U.S. Ad- the Protection of Marine Life, Friends of the cies including endangered turtles, is an Dolphins, California; Fund for Animals, issue of concern that must be ad- ministration needs to work with our Con- gress on this . . . We do not want to mislead Fundacion Fauna Argentina, Hoosier Envi- dressed. However, the bycatch argu- anyone here as to what the final outcome of ronmental Council, Humane Society of Can- ments used by supporters of this bill that process might be. ada, Humane Society of the Midlands, Hu- mane Society International, Humane Soci- are not based on solid science. We need It is clear that the administration more research before we can establish ety of the United States. was not binding the United States to In Defense of Animals, Institute for Agri- that bycatch is a problem. anything, other than to work with the culture and Trade Policy, Interhemispheric 4. OBSERVERS ON BOATS Congress to enact this legislation. Resource Center, International Brotherhood Under the scheme supported by this That is the commitment of the Unit- of Teamsters, International Dolphin Project, bill, tuna fishing boats would continue ed States. It is nothing more. If we International Wildlife Coalition, Inter- to have only one observer on each. Cur- don’t pass the Stevens-Breaux bill, no national Union of Electronic Workers, Irish rently, that one observer only has to binding agreement will have been bro- Whale and Dolphin Society, Lifeforce Foun- dation, Maine Green Party, Marine Mammal observe whether or not a purse seine ken, no international treaty obligation net was used on dolphins. If a net was Fund, Massachusetts Audubon Society, Mid- will have been violated. west Center for Labor Research, National deployed, the tuna caught on that fish- In summary, the arguments made by Consumers League, National Family Farm ing trip cannot be labeled ‘‘dolphin the supporters of the Stevens-Breaux Coalition, Oil Chemical and Atomic Workers safe’’. Under the scheme in the Ste- legislation—arguments of fact as well International, Pacific Orca Society, Canada; vens-Breaux bill, an observer would as arguments of law—are People for the Ethical Treatment of Ani- have to see whether there are any dead unsupportable. The bill is not needed mals, Performing Animal Welfare Society, dolphins in the nets that are used to for any convincing scientific or envi- Progressive Animal Welfare Society. Public Citizen’s Global Trade Watch, Pure catch tuna. These nets are huge—11⁄2 ronmental purpose, and is not needed Food Campaign, Reearth, Reseau-Cetaces, miles long. How can we expect one sin- to meet any binding obligation of the France; San Diego Animal Advocates, Sierra gle observer to know whether or not a United States. Club, Society for Animal Protective Legisla- dolphin died in a mile-and-a-half long I remain committed to blocking this tion, South Carolina Association for Marine net? This observer scheme would be un- legislation in its current form. I also Mammal Protection, South Carolina Hu- workable and unenforceable. It also ig- remain committed to reaching a com- mane Society of Columbia, The Free Corky nores all injuries to dolphin during the promise solution. Project, UNITE, Vier Pfoten, Austria and chase and encirclement process which We have stated repeatedly that we Germany; Whale Tales Press, Whale Rescue can lead to eventual death. Team, Whale and Dolphin Welfare Commit- agree it is appropriate to lift the em- tee of Ireland, Whale and Dolphin Society of 5. INTERNATIONAL OBLIGATION bargo. We want to reach a compromise Canada, Working Group for the Protection of During the last session, the Panama that is in the best interest of the Marine Mammals, Switzerland; Zoocheck, Declaration was repeatedly referred to American consumer, dolphins, and our Canada. as a tuna-dolphin treaty, and it was U.S. tuna processing industry. THE COUSTEAU SOCIETY, suggested that unless the Senate I ask unanimous consent that the fol- Chesapeake, VA, July 12, 1996. passed the Stevens-Breaux bill, the lowing material be printed in the Hon. BARBARA BOXER, United States was somehow reneging RECORD immediately following my U.S. Senate, on a binding international agreement. statement: First a letter to Senator Washington, DC. DEAR SENATOR BOXER: Thank you for your This is simply untrue. It is a com- BOXER from internationally renowned letter about the Panama Declaration. Here pletely inaccurate characterization of marine scientist Jacques-Yves at The Cousteau Society/Equipe Cousteau, the issue. Cousteau opposing the Stevens-Breaux my staff has been following the heated dis- Mr. President, there is no tuna-dol- proposed change of the definition of cussions among environmental organizations phin treaty. dolphin safe; second, a set of opinion about the Declaration and pertinent legisla- No treaty was signed by the United pieces and a letter to the editor from tion in the United States. States or any other nation on the sub- Time magazine, the Washington Post, We agree with the proponents of the Pan- ject of tuna fishing and the killing of ama Declaration that it is time to move and the Journal of Commerce, and away from trade sanctions and toward en- dolphins in the eastern tropical Pa- third, the list of bill opponents referred gaging all tuna-fishing nations in a commit- cific. to earlier. ment to techniques that are truly dolphin- No treaty was submitted to the Sen- There being no objection, the mate- safe. At the same time, we cannot accept a ate for ratification, as required by the rial was ordered to be printed in the compromise that approves of catching tuna Case-Zablocki Act. RECORD, as follows: by chasing and encircling dolphins. We have faith that the nations involved can find a No treaty was referred to the Senate OPPONENTS OF THE STEVENS-BREAUX BILL Foreign Relations Committee. better solution. Action for Animals, California; Americans Our best wishes to you in your work. None of these things happened be- for Democratic Action, American Society for cause there is no treaty. Sincerely, the Prevention of Cruelty to Animals, Amer- JACQUES-YVES COUSTEAU. The agreement that the Stevens- ican Oceans Campaign, American Humane Breaux bill relates to is neither a trea- Association, Animal Protection Institute, [From the Monitor, Mar. 4, 1996] ty nor an international agreement. The Ark Trust, Australians for Animals, CHICKEN OF THE SEA?—A ‘‘DOLPHIN-SAFE’’ so-called Panama Declaration is only a Bellerive Foundation, Italy & Switzerland; TUNA FLAP MAKES THE U.S. SQUIRM political statement—an agreement to Born Free Foundation, Brigantine New Jer- (By Eugene Linden) agree in the future on a binding inter- sey Marine Mammal Stranding Center, BREACH, UK; Cetacea Defense, Chicago Ani- Call it the flipper flip-flop. A squabble over national agreement. mals Rights Coalition, Clean Water Action, attempt to amend the Marine Mammal Pro- The declaration sets forth a series of Coalition for No Whales in Captivity, Coali- tection Act is forging some strange alliances principles which will ultimately be tion Against the United States Exporting even as it opens up a bitter rift in the envi- contained in this yet-to-be-drafted Dolphins, Florida; Coalition for Humane ronmental movement. In the end, it may be international agreement. But these Legislation, Colorado Plateau Ecology Alli- business interests—once the villains in the January 29, 1997 CONGRESSIONAL RECORD — SENATE S791 piece but now terrified of a boycott by dol- [From the Washington Post, July 23, 1996] been collected or penalties assessed. . . . In phin-loving consumers—that decide the mat- ‘‘DOLPHIN-SAFE’’ CLAIM IS IN DANGER 1994, during four trips IATTC observers re- ter. (By Colman McCarthy) ported that they were prohibited by the ves- sel captain from carrying out their duties, At issue are amendments to the 1972 act, On the label of every can of tuna sold in an offense for which . . . a penalty of $50,000 which forbade imports of tuna caught using the United States is the phrase ‘‘dolphin each for the captain and vessel owners [is nets to encircle dolphins that for unex- safe.’’ This means that tuna were not caught recommended]. In no case was the penalty plained reasons swim together with tuna in by intentionally setting encircling nets on collected.’’ parts of the Pacific. Before the act, this dolphins. In the Eastern Pacific Ocean, fleets Congress and U.S. courts are powerless to method suffocated as many as 500,000 of the locate the deeper-swimming tuna by track- regulate Mexican and other Latin fleets in marine mammals each year. After 1972, ing dolphins. international waters. They do have power— American fishermen drastically reduced The story of how ‘‘dolphin safe’’ came to be and are exerting it through legislation—to their dolphin kill, but in the 1980s the num- imprinted on labels is proof that environ- ban the import and sale of dolphin-unsafe ber of dolphins killed by foreign boats rose mentally harmful practices can be turned tuna. Legislation offered by Sen. Barbara dramatically. around when enough well-organized citizens Boxer (D-Calif.) does not lower dolphin pro- demand it. Credit is shared by school- Then in 1989, environmental activist Sam tection standards. Stevens-Breaux support- children, their parents and teachers who LaBudde galvanized public opinion by releas- ers argue that if U.S. laws aren’t modified, threatened to boycott tuna because dolphins Mexico will drop its economic anchor in ing dramatic videos of drowning dolphins. In were also killed in the catch, and by such 1990, StarKist, the world’s largest tuna can- countries that lack dolphin-safe require- groups as the Humane Society of the United ments. ner, responding to consumer sentiment, an- States, which has been toiling on this ma- nounced that it would buy only tuna caught This argument drowns in a deep sea of rine issue for more than 20 years. facts. The United Nations Food and Agri- by other methods. That same year, Legislatively, the Dolphin Consumer Infor- LaBudde’s group, Earth Island Institute, suc- culture Organization reports that 90 percent mation Act was passed in 1990. Then came of the world’s consumers of tuna live in the cessfully sued the Bush Administration to the International Dolphin Conservation Act, bar tuna imports from Mexico and other United States, Canada and Europe, which which bans the import and sale of tuna impose dolphin-safe requirements. Mexico, Latin American countries that failed to pro- caught in nets that encircle dolphins. Both like the U.S. tuna fleet before it, had better tect dolphins. European nations followed laws represent years of work by progressive face economic reality, even as it may find suit, which extended the embargo to an esti- politicians to ensure that dolphins are near- the environmental kind unpalatable. mated 80% of the canned-tuna consumer ly as safe as they were before tuna fleets It comes down to language on labels. The market. took to the high seas in 1959 with deadly public wants the factual words ‘‘dolphin Mexico promptly filed an international mile-long purse seine nets. Over three dec- safe’’ on the cans. It doesn’t want dolphin trade complaint. But it also took steps to re- ades, more than 7 million died in the nets. deadly. duce dolphin deaths, and by 1995 the number Under the laws, dolphin mortality has been of dolphins killed by tuna fishermen annu- reduced by 96 percent. [From the Journal of Commerce, Jan. 2, 1997] In politics, success in one thing, defending ally had dropped below 5,000 worldwide— DOLPHINS, TUNA AND TRADE demonstrating, Mexicans assert, that fishing it another. The integrity of the legislation, as well as (By Rodger Schlickeisen) boats can encircle dolphins without killing the safety of dolphins, is at serious risk. The A Dec. 16 editorial endorsed the Stevens- the animals. The U.S. and a coalition of problem is not with the domestic tuna fleet. Breaux bill as the best approach for continu- green groups met with Latin nations in Pan- California-based, it amounts to only a half- ing the decline in dolphin mortalities and ama last October to hammer out new guide- dozen boats and with the owner eschewing implementing the Panama Agreement for an lines for environmentally sound tuna fishing. settings nets on dolphins. It is the fleets of enforceable fishery management policy in Their declaration permits encirclement so a few foreign nations—Mexico mainly, which the eastern Pacific Ocean. As members of long as onboard observers certify that no has nearly 40 factory boats in the eastern Pa- Congress long involved with this issue, we dolphin drowned during the netting oper- cific—that want to market dolphin-unsafe take exception to this statement of support. ation, and its provisions became the basis for tuna in the United States. Despite popular sentiment behind the cur- a bill introduced by Alaska Senator Ted Ste- Mexico’s fishers and their lobbyists in rent ‘‘dolphin safe’’ label—which means what vens that would, among other things, lift the Washington are taking comfort in legisla- it says—the Stevens-Breaux bill would allow U.S. embargo. California Senator Barbara tion offered by Sens. Ted Stevens (R–Alaska) tuna caught using deadly netting and encir- Boxer, a Democrat, has introduced a compet- and John Breaux (D–La.). Their bill, which clement techniques to be sold as ‘‘dolphin ing bill that would also lift the sanctions on recently was approved by a Republican con- safe’’ as long as no one saw any dolphins die. the Latin nations but maintain them on in- trolled committee, would redefine ‘‘dolphin Supporters of the Stevens-Breaux bill argue dividual vessels that catch tuna by encircle- safe’’ to something like ‘‘Well, pretty safe.’’ that because an international observer will ment of dolphins. Dolphins would be fair game for nets, along be on each tuna boat in the eastern Pacific Proving once again that politics makes with the practice of helicopters and speed- Ocean, dolphin mortality will be easily mon- strange bedfellows, the Clinton Administra- boats chasing the traumatized creatures into itored and controlled. That argument just tion has sided with Stevens—a leader of Re- them. doesn’t hold water. One observer cannot pos- publican efforts to roll back environmental To ward off troublesome school kids who sibly monitor the entire catch of a 100-foot regulations—as have the Environmental De- like dolphins and might take to boycotting vessel or investigate the contents of a mile- fense Fund, the World Wildlife Federation again, the Stevens-Breaux bill requires the long purse seine net, particularly when the and the Center for Marine Conservation. fishers to ‘‘back down’’—release dolphins deadly dolphin chase is being carried out by They argue that unless the Latin nations are from the nets while still tightening them speedboats traveling ahead of the mother given credit for their efforts, they will sim- around tuna. If no dolphins were ‘‘observed’’ ship with no observers on board. ply resume their bad old ways. Meanwhile, dead in the nets, the dolphin-safe claim Another assertion by the bill’s pro- Earth Island Institute, the Sierra Club, the could be made. ponents—that unless we weaken our laws Humane Society and Friends of the Earth ve- Now the waters murk up. Even if an inde- substantially, international fishing oper- hemently oppose the Stevens bill and sup- pendent-minded observer can be found and be ations will soon abandon the U.S. market port Boxer’s charging that the delegation in given the run of the factory boat by the and its dolphin-safe fishing techniques in Panama sold out the dolphins to free trade. Mexican captain, how precisely can one per- favor of the lucrative and permissive Asian son monitor a mile’s worth of nets in a wav- and Latin American markets—also lacks any Proponents of the Boxer bill say com- ing sea? What about when they are sleeping credibility. The fact is that the U.S. market plicated enforcement procedures and the po- or down below eating? What if the captain remains the world’s largest, accounting for tential for corruption under the Stevens bill who isn’t likely to be a dues-paying member more than 60 percent of global tuna sales. will mean that dolphin deaths will rise of the Humane Society, disputes the observ- And the European Community, the second- again. Proponents of the Stevens bill argue er’s count of dead dolphins? Whose word is to largest market, has dolphin-safe tuna prac- that the alternatives to encircling dolphins be believed? tices that practically mirror the Boxer- have proved destructive to both tuna popu- And then there is the effectiveness of en- Biden bill. Together, the United States and lations and other species, such as sea turtles forcement. Jeffrey Pike of the Dolphin Safe European Community dominate the world’s and sharks. All that leaves Anthony Fair Trade Campaign, a group opposed to tuna market. O’Reilly, chairman of H.J. Heinz Co., which Stevens-Breaux, testified before Congress on Ultimately, the victim of this extreme ef- owns StarKist, loath to make any change the lack of enforcement powers by the Inter- fort to gut dolphin protection laws would be that might be misinterpreted by dolphin-lov- American Tropical Tuna Commission, a reg- not only the dolphins, but also American ing consumers. ‘‘I believe the definition ulatory group. When observers have cited the consumers. By changing the definition of should not be changed in the absence of con- deaths of dolphins, ‘‘the reports are not ‘‘dolphin safe,’’ as the Stevens-Breaux bill sensus of scientists and public opinion,’’ he acted on’’ by the commission. ‘‘To date, de- proposes, even tuna caught by killing hun- says. And he’s the one who has to move the spite the fact that hundreds of violations dreds or thousands of dolphins could conceiv- goods. have been reported, no monetary fines have ably receive this label. S792 CONGRESSIONAL RECORD — SENATE January 29, 1997 There is a better way: The Boxer-Biden The assumptions of bill proponents are purse seine fishing nets. Our efforts to International Dolphin Protection and based on misleading industry information. require that each nation wishing to ex- Consumer Information Act of 1995. This bill For example, although they say 10 million port tuna to the United States docu- maintains every word of the current dolphin- dolphins exist in the eastern tropical Pacific, ment that it possessed a dolphin pro- safe definition, while continuing the existing the tuna mostly follow two imperilled popu- ban on selling all other types of tuna. Our lations—spotted and spinner dolphins—which tection program and a dolphin mortal- bill also makes the necessary changes in cur- represent only a tiny fraction of the claimed ity rate comparable to ours largely rent law to incorporate the Panama Agree- millions. Although these two populations failed, resulting in unilateral embar- ment (a broad management plan for the east- were recently listed as ‘‘depleted’’ under the goes against noncomplying nations. ern Pacific Ocean recently signed by the Marine Mammal Protection Act, the admin- The senseless slaughter of dolphin United States and 11 other countries). istration proposal would allow setting nets justifiably outraged many Americans. Most significantly, our bill provides an im- on them. portant incentive for foreign and domestic Literally tens of thousands of letters, Bill proponents claim that dolphin-safe telegrams, and phone calls poured into tuna fishermen to fish in a dolphin-safe man- fishing methods cause by-catch of other ma- ner: access to the U.S. market. Under our rine life such as sea turtles and sharks. They tuna companies’ offices and Capitol bill, the ban on all tuna imports from coun- also claim that ‘‘new’’ techniques have been Hill. The message heard was loud and tries that don’t exclusively follow dolphin- developed that make netting dolphins safer. clear: Don’t allow this needless mas- safe practices will be amended to allow fish- Marine biologist and tuna boat owner John sacre to continue. ermen who use these methods to sell that Hall scoffs at those claims. He says the Then, in 1990, something remarkable tuna in the vast $1 billion U.S. market. This method of releasing dolphins from nets was happened. American tuna companies, important modification will reward those developed by U.S. fishermen three decades environmentalists, and consumers who have altered their fishing methods and ago and their recent adoption by some for- encourage the rest to follow suit. came together and revolutionized an eign fishermen has brought about no measur- entire industry. That April, Starkist, able protection for spotted and spinner dol- [From the Journal of Commerce, Aug. 2, phins. Moreover, the United Nations’ Food and shortly after that Chicken of the 1996] and Agriculture Organization states that Sea, and Bumblebee—which combined DOLPHINS, TUNA AND TRADE this fishery’s by-catch under the present dol- sold more than 80 percent of the tuna (By Rodger Schlickeisen) phin-safe definition is among the lowest in in America—announced voluntary pur- The debate over tuna-dolphin legislation, the world. chasing bans against all tuna caught in which reached the floor of the House of Rep- Furthermore, ‘‘observed’’ dolphin deaths association with dolphins. resentatives this week, has become as tan- under the new definition would not account On the heels of this campaign, then- gled as an old fishing net. But it unravels to for all deaths, according to Albert Myrick, Congresswoman BOXER and I wrote and one basic reality: The Clinton administra- who has coordinated U.S. research on dol- tion and a few environmental groups are phin stress. Current data strongly suggest shepherded into law the Dolphin Pro- pushing legislation that would weaken the that dolphins experience physiological dam- tection Consumer Information Act—a ‘‘dolphin-safe’’ program and allow the age and death after release from nets. landmark statute that set one very slaughter of thousands of dolphins annually. We lack viable means of ensuring that dol- simple, uniform standard: No tuna While this harmful legislation passed the phins will not be killed when fishing nets are caught by purse seine net fishing, or by House this week, there is still time to stop it set on them. This year Mexican fishermen a boat capable of purse seine net fish- when a companion bill reaches the Senate are known to have thrown observers off their ing, can be labeled as dolphin-safe. floor after the August congressional recess. boats. Many involved in the fishery are un- Thanks to the efforts of millions of school- Our labeling law immediately trans- convinced that the present observer system formed the decades-long controversy. children and a coalition of conservation can handle the intensive monitoring that en- groups, since 1990 U.S. law has provided la- forcement of the new definition would re- Dolphin mortalities caused by both bels on cans to let consumers know whether quire. American and foreign tuna boats plum- tuna was caught by dolphin-safe methods. A grass-roots coalition of more than 80 en- meted from more than 52,000 in 1990, to Tuna in the eastern tropical Pacific tend vironmental, consumer and animal welfare just under 3,000 in 1995. A tremendous to school beneath dolphins, so historically groups oppose weakening the present dol- fishermen set nets on the dolphins to catch decrease. phin-safe standard. the tuna below, killing at least 7 million dol- Millions of consumers now purchase U.S. tuna canneries, which six years ago phins since the 1950s. Dolphin mortality has tuna with a clear conscience, knowing went dolphin-safe in the face of unprece- dropped dramatically, however, since the that the deadly purse seine net method dented public pressure, also are concerned. U.S. embargo of dolphin-unsafe tuna im- They rightly fear that they not only could was not used. ports. lose their hard-won competitive advantage Simply put, the Dolphin Protection After its string of environmental victories over foreign dolphin-unsafe canneries, but Consumer Information Act remains a against a hostile Congress, why would the also again face boycotts over the misleading remarkable success story. It does not administration seek to weaken such a popu- new label. lar environmental program and hand oppo- mandate anything. It does not require Ironically, if the president would abandon nents an opportunity to regain ground on the thousands of bureaucrats. It merely re- his attempt to change the definition of dol- environment? Considering that the majority quires accurate, truthful labeling. phin-safe, improvements could be made. of environmental organizations support the From the nutritional information All agree that the present practice of em- current dolphin-safe standard, why would a printed on boxes of cereal, to salt con- bargoing all tuna from a country like Mexico few support regression to a discredited meth- for the behavior of a few bad fishermen is tent listings on low-sodium crackers, od of fishing? counterproductive. honesty in labeling is a well-estab- The answer is that Flipper has become en- lished principle of law. tangled in deadly trade politics. Latin Amer- We could allow the dolphin-safe tuna from ican countries are pressuring the administra- Mexican fishermen to gain access imme- This does not necessarily mean that tion to lift the embargo, which Mexico has diately to the U.S. market. all types of a given product must con- challenged successfully before the World This politically smart move also would be form to the requirements of a particu- Trade Organization. They not only want to the right one. lar labeling law. All milk is not re- settle this longstanding dispute, but help f quired to contain 2 percent milkfat, for boost the Mexican economy before the No- example. But, if a dairy company wish- vember election, in which Nafta will be an KEEP THE CURRENT DOLPHIN- es to label its product as 2 percent issue. Some want to appease Mexico’s de- SAFE LABEL milkfat, it must meet that standard. In mands because they fear foreign tuna boat Mr. BIDEN. Mr. President, today I operators otherwise will abandon any safe- essence that is the concept underlying guards. join with my longtime colleague in this the current dolphin safe standard. Mexican lobbyists have convinced the ad- endeavor, Senator BOXER, to restate Unfortunately, legislation (S. 39) in- ministration that only changing the defini- our continuing opposition to legisla- troduced recently by Senator STEVENS tion of dolphin-safe can ensure them access tion changing the current dolphin-safe and Senator BREAUX changes the cri- to the U.S. market, despite the fact that standard. As usual, she has explained teria for the current label, thereby roughly a dozen Mexican tuna boats already the issue much better than I could, so eliminating the protection and honesty fish dolphin-safe. The bill promoted by the my remarks will be brief. now provided. While the proposed no- administration would change the current definition to allow a dolphin-safe label on Throughout the 1960’s, 1970’s, and mortalities requirement sounds good tuna caught by encircling, harassing and 1980’s, hundreds of thousands of dol- on its face, it is for all practical pur- chasing dolphins—as long as no ‘‘observed’’ phins were senselessly killed every poses unworkable and unenforceable. dolphin deaths occurred. year because of the use of gigantic One observer, equipped with a pair of