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Dolphin Interactions with the Eastern Tropical Pacific Tuna Purse Seine Fishery (Tuna/Dolphin Program)

On December 17, 2003, the U.S. Department of State published a notice in the Federal Register (68 FR 70332) seeking applications and nominations for the Scientific Advisory Subcommittee of the General Advisory Committee to the Inter-American Tropical Tuna Commission. This subcommittee provides public input and advice to the United States Section to IATTC, and this advice is used in formulating policy and positions for meetings of the IATTC and its subsidiary bodies. Nominations must be submitted to the Department of State by February 17, 2004. For instructions about nomination procedures and more information related to the subcommittee, please see Federal Register notice (68 FR 70332)

On June 26, 2003, the Assistant Administrator for Fisheries, NOAA Fisheries, renewed the affirmative finding for the Republic of Ecuador under the Marine Mammal Protection Act. This renewal allows the continued importation into the United States of yellowfin tuna and yellowfin tuna products harvested in the eastern tropical Pacific Ocean by Ecuadorian purse seine vessels with greater than 400 short tons (362.8 mt) carrying capacity. The affirmative finding renewal was based on a review of documentary evidence submitted by the Republic of Ecuador and obtained from the Inter-American Tropical Tuna Commission and Department of State. This finding remains in effect through March 31, 2004. Affirmative finding requirements and instructions for applying for an affirmative finding may be found at 50 CFR 216.24 (f).

On January 22, 2003, the United States District Court for the Northern District of California issued an order (HTML, PDF) that stayed the implementation of the final finding. This order was issued in relation to a suit filed against the Secretary of Commerce on December 31, 2002, in an effort to repeal NOAA Fisheries’ decision.

On December 31, 2002, the National Marine Fisheries Service (NOAA Fisheries), on behalf of the Secretary of Commerce, made a finding (html, PDF), based on the results of required research, information obtained under the International Dolphin Conservation Program (IDCP), and any other relevant information, that the intentional deployment on or encirclement of dolphins with purse seine nets is not having a “significant adverse impact” on any depleted dolphin stock in the ETP. This finding changed the definition of dolphin-safe to be that in which dolphins can be encircled or chased, but no dolphins can be killed or seriously injured in the set in which the tuna was harvested, as applied to tuna harvested in the ETP by purse seine vessels with carrying capacity greater than 400 short tons and sold in the United States.

NOAA Fisheries' determination was based largely on a recently completed suite of research projects mandated under section 304(a)(3) of the Marine Mammal Protection Act, as amended by the International Dolphin Conservation Program Act. NOAA Fisheries conducted the research to determine, if despite the low levels of mortality, the intentional chase and encirclement of dolphins by the tuna industry is having a "significant adverse impact" on any of the depleted dolphin stocks. The research results, including those of a two-month long chase-recapture experiment on dolphins in the ETP, and other relevant information were considered by the Secretary for the final dolphin-safe determination. To view the scientific research results and more in-depth information about the finding, click here.
Press Release
Final Decision
Expert Panel Opinions
Science Report

MMC Comments html pdf
IATTC Comments pdf

Background
In the late 1950s, fishermen discovered that yellowfin tuna in the eastern tropical Pacific Ocean (ETP) aggregated beneath schools of dolphin stocks. Since that discovery, the predominant tuna fishing method in the ETP has been to encircle schools of dolphins with a fishing net to capture the tuna concentrated below. Hundreds of thousands of dolphins died in the early years of this fishery. However, since 1998, there have been approximately 2000 dolphins killed in this fishery each year - down from 133,000 in 1986. This is almost a 99% reduction in dolphin mortality due to international cooperation and the efforts of fishermen employing dolphin saving fishing techniques.
 

Although dolphin mortality has declined dramatically in recent years, there are three dolphin stocks currently listed as depleted: northeastern offshore spotted dolphin, coastal spotted dolphin, and eastern spinner dolphins


For quick information about the interactions between the tuna purse seine fishery and dolphins in the ETP, visit these fact sheets:

For more in-depth information about interactions between the tuna purse seine fishery and dolphins in the ETP, visit these links:

For additional information about the NOAA FisheriesTuna/Dolphin Program, visit the NOAA Fisheries Southwest Region and NOAA Fisheries Southwest Fisheries Science Center's web sites.

Photo Credit: NMFS file photo

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