Consider the Facts: * Under S.39 and H.R.408, Chasing, Harassing, Netting, and Injuring Dolphins is Redefined as "dolphin safe". FACT: The setting of tuna purse seine nets around schools of dolphins is a violent, calamitous practice causing serious trauma, disruption, injury and death to dolphins. Some dolphins schools are chased and captured as often as three times in a single day. More than 3 million dolphins will be netted every year if this technique is endorsed. Claiming this fishing is "dolphin safe" constitutes consumer fraud and is opposed by more than 85 environmental, trade, labor, and consumer organizations. It is also opposed by US tuna companies, because they realize that the American public will not stand for this deception. * Under S.39 and H.R.408, Monitoring "Dolphin-safe" Tuna will be Impossible. FACT: Supporters of S.39 and H.R.408 would allow tuna to be labeled "dolphin safe" as long as no dolphins are observed killed outright. If dolphins are killed, but the dead dolphins are not observed killed because of rough seas, poor visibility, darkness, observer error, or cheating, then the tuna would still be labeled "dolphin safe." If dolphins are injured and die later, the tuna is still "dolphin-safe". If the observer is intimidated or bribed to report no dolphin deaths, the tuna is "dolphin-safe". This proposed change is unenforceable and an invitation to cheating and massive mis-labeling. * Under S.39 and H.R.408, the US Would Cede Authority for Dolphin Protection to the toothless Inter-American Tropical Tuna Commission (IATTC). FACT: The IATTC is an industry-dominated fishing agency that lacks any enforcement power. The US pays more than 90% of the operating expenses, but only accounts for less than 5% of the fishing effort. Mexican, Colombian, and Venezuelan vessels dominate the fishery, yet none of these countries pay any IATTC dues (Mexico quit the IATTC in 1978). * S.39 and H.R.408 Proponents Claim that this Legislation is Good for Dolphin Protection FACT: S.39 and H.R.408 are opposed by Earth Island Institute, Captain Jacques Cousteau, Sierra Club, the Humane Society of the US, American SPCA, Fund for Animals, Defenders of Wildlife, Friends of the Earth, Public Citizen, and more than 80 other groups. The five environmental organizations supporting this legislation have decided to favor trade with Mexico over dolphin protections. All are previously on record in opposition to the fishing technique they now support. The major U.S. tuna processors -- StarKist, Bumble Bee, and Chicken of the Sea -- continue to support a policy of no encirclement of dolphins, as have major tuna processors in the United Kingdom, Germany, and Canada. S.39 and H.R.408 would flood the U.S. market with cheap dolphin-lethal tuna, undercutting the conservation actions of these major U.S. companies. The Clinton Administration claims that the bill helps dolphins. In reality, it is simply another bailout for Mexico, and a sellout of our environmental laws in the name of free trade.

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