In the eastern tropical Pacific
Ocean (ETP) west of Mexico and Central America, large yellowfin
tuna swim with several species of dolphins. This ecological
association of tuna and dolphins is not clearly understood,
but it has had two important consequences:
(1) it has helped create a successful tuna fishery, and
(2) it has resulted in the deaths of many dolphins incidentally
caught by tuna fishermen. Click
here for more information on the tuna-dolphin issue.
The Issue
In one type of fishing method, fishermen intentionally
capture both tuna and dolphins in a large purse
seine, and then use various procedures to release the
dolphins from the net. In the mid-1960s widespread awareness
of the degree of dolphin mortality in the ETP tuna fishery
occurred. Dolphin mortality has since decreased from almost
13 dolphins per set to an average of 0.1 dolphins per set
over the last 20 years. Although this decline in dolphin
mortality has been dramatic, ETP dolphin stocks are not recovering
at the expected rate. Several hypotheses have been offered
to explain this, including indirect effects such as ecosystem
or environmental changes, and direct effects of repeated
chasing and encirclement (internal injuries, stress, and
hypothermia). Evaluating these hypotheses and estimating
the impact of the fishery are the focus of ongoing research
(ETP
Cetacean Assessment).
Current Management Actions
A 2004 decision by the U.S. District Court set aside the final
finding made by NMFS that the fishery had no adverse
impact on dolphin stocks in the ETP. The court ordered
that the "dolphin-safe" labeling standard for
yellowfin tuna harvested by large purse seine vessels in
the ETP would be governed by the Dolphin
Protection Consumer Information Act. A federal appeal
failed in 2007, and "dolphin-safe" in the United
States continues to pertain to tunacaught on a trip in
which (1) the purse seine was never intentionally deployed
on or to encircle dolphins, and (2) no dolphins were killed
or seriously injured during the sets in which the tunawere
caught. The Department of Commerce is reviewing the court’s
most recent decision and considering next steps.
Regulatory Background
- 1972: The Marine
Mammal Protection Act (MMPA) resulted in greatly
reducing annual dolphin bycatch by U.S. vessels participating
in the tuna purse seine fishery in the ETP.
- 1990: The Dolphin
Protection Consumer Information Act mandates included
establishment of a federal tracking program (Tuna
Tracking and Verification Program) and creation of
a federal dolphin-safe logo (Dolphin-Safe
Certification).
- 1993: The ETP fishing countries agreed to increased
observer coverage, skipper review panels, and a schedule
of decreasing dolphin quotas (the La
Jolla Agreement).
- 1995: The Declaration
of Panama carried these ideas further, proposing
that observers be placed on every boat over 400 tons
and proposing strict per-stock dolphin mortality limits.
It called for the U.S. to change its definition of dolphin-safe
to include tuna caught by setting on dolphins as long
as no dolphins were observed killed or seriously injured
on that set. Before changing the label, however, the
U.S. undertook studies under the International
Dolphin Conservation Program Act (IDCPA) to determine
whether chasing and encircling dolphins was having a
significant adverse impact on depleted dolphin populations.
- 1999: The Agreement
on the International Dolphin Conservation Program (AIDCP)
came into effect.
- 2002: NMFS issued a final
finding that the fishery had no adverse impact, and
thus that the definition of dolphin-safe would be changed.
Several environmental groups filed suit in the U.S. District
Court challenging the final finding and seeking to enjoin
any change to the dolphin-safe labeling standard.
More Information
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