July 31, 1997

THE TUNA/DOLPHIN COMPROMISE IN CONGRESS

THE TUNA/DOLPHIN COMPROMISE IN CONGRESS

Earth Island Institute and the Dolphin Safe/Fair Trade Campaign have worked successfully for more than two years to block passage of legislation that we labeled "the Dolphin Death Act." Yesterday, the Senate approved, and today the House confirmed, legislation which retains the current strong definition of "dolphin safe" tuna for a minimum of 20 months, rather than immediately weakening the definition as proposed by the original Dolphin Death Act.

Thanks to the work of Senators Barbara Boxer (D-CA), Joseph Biden (D-DE), and Robert Smith (R-NH), and with appreciation for the work done by Representatives George Miller (D-CA), Richard Gephardt (D-MO), and others, many of the worst aspects of the bill were blocked.

The compromise legislation will:

(1) Lift the 5-year-old U.S. embargo on tuna imports from countries that continue to kill dolphins during fishing operations. However, these nations must first be certified by the U.S. State Department as having joined a binding international program and having domestic legislation in place to enforce international dolphin protection efforts; and

(2) Preserve the current strong definition of "dolphin safe" tuna, providing a means for American consumers to choose tuna caught by methods that do not harm dolphins. "Dolphin deadly" tuna, which will not be labeled, is likely to begin appearing on U.S. supermarket shelves within six months. By March 31, 1999, and again by Dec. 31, 2002, the Secretary of Commerce will make a finding, based on scientific research, on whether the practice of netting dolphins causes "significant adverse impacts" to depleted dolphin populations. If significant adverse impacts are confirmed, the current definition of "dolphin safe" tuna (supported by Earth Island Institute) will remain in effect. If no significant adverse impacts are detected, a new weaker definition for "dolphin safe" tuna will go into effect allowing the encirclement of dolphins with the deadly nets, but tuna canners and environmental groups will have the option of developing new labels with "dolphin safe" standards stronger than the weakened government label. Scientists are concerned that the short time for these findings will be too limited to confirm "significant adverse impacts" on dolphins.

Congressional efforts to pass legislation were seriously hampered by the unwillingness of the Mexican government and their highly-paid Washington lobbyists to accept ANY negotiations towards a compromise. Senator Barbara Boxer and her allies heroically blocked passage of the original "Dolphin Death Act," in order to bring the Mexican government and the Clinton Administration to the bargaining table.

More than 85 environmental, trade, animal welfare, and labor organizations of the Dolphin Safe/Fair Trade Campaign actively opposed the legislation, including Earth Island Institute, Humane Society of the U.S., Sierra Club, Friends of the Earth, Defenders of Wildlife, American SPCA, Fund for Animals, Society for Animal Protective Legislation, Earthtrust, the late oceanographer Jacques Cousteau, and Ralph Nader's Citizen Trade Campaign.

Despite the dramatic reduction in observed dolphin deaths in the fishery, dolphin populations in the Eastern Tropical Pacific have failed to recover -- several depleted populations appear to be still declining. Scientists suspect that the technique of chasing, harassing, injuring, and netting dolphins causes severe stress and interferes with the dolphins recovery. Many dolphins die but are never observed. This concern is detailed in studies conducted by the National Marine Fisheries Service on lethal physiological stress levels in netted dolphins. It is unarguable that the use of purse seine nets deliberately targeted on dolphins causes serious widespread injury and death to dolphins.

Earth Island Institute Executive Director David Phillips stated that: "The true "dolphin-safe" definition is safe for the moment, but there are great forces out to foist a fraudulent label on unsuspecting consumers.

"Now, it is up to American consumers to buy ONLY truly 'dolphin safe' tuna," Phillips added.

Earth Island Institute began the tuna boycott in 1988 with the belief that American consumers would refuse to buy tuna stained by the blood of dolphins. We still believe that, and we will work to ensure that tuna companies around the world continue to only sell tuna caught without any chasing, netting, or capturing of dolphins. We will also strongly oppose any erosion in the current strong definition of the "dolphin safe" tuna label.

Thanks to efforts of Senator Boxer, Representative George Miller, their allies in Congress, and the American public who care deeply about these marvelous marine mammals, dolphins still have a fighting chance.

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