DOCSLIB.ORG

Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products United States – Measures Concerning the Importation, First Written Submission of Mexico Marketing and Sale of Tuna and Tuna Products (WT/DS381) 8 April 2014 UNITED STATES – MEASURES CONCERNING THE IMPORTATION, MARKETING AND SALE OF TUNA AND TUNA PRODUCTS RECOURSE TO ARTICLE 21.5 OF THE DSU BY MEXICO (WT/DS381) First Written Submission of the United Mexican States 8 April 2014 United States – Measures Concerning the Importation, First Written Submission of Mexico Marketing and Sale of Tuna and Tuna Products (WT/DS381) 8 April 2014 TABLE OF CONTENTS TABLE OF CONTENTS ................................................................................................................. i CASES CITED IN THIS SUBMISSION ........................................................................................v TABLE OF ACRONYMS USED IN THIS SUBMISSION ........................................................ vii LIST OF EXHIBITS ...................................................................................................................... ix I. INTRODUCTION ...............................................................................................................1 A. Background of Proceeding .......................................................................................2 B. “Measure taken to comply” for the Purposes of the Article 21.5 Proceeding................................................................................................................3 II. THE AMENDED TUNA MEASURE .................................................................................5 A. The Dolphin Protection Consumer Information Act ...............................................5 1. The Definition and Scope of the Dolphin-Safe Certification ......................8 a. Certification of “Dolphin-Safe” under the Statute for Tuna Products Made with Tuna from the ETP ..........................8 b. Certification of “Dolphin-Safe” under the Statute for Tuna Products Containing Tuna Caught Outside the ETP...........................................................................................12 c. Certification of “Dolphin-Safe” under the Statute for Tuna Products Containing Tuna Caught with Driftnets on the High Seas .............................................................12 2. Requirements for Independent Observers ..................................................15 3. Requirements for Documentation ..............................................................15 4. Relation of the DPCIA to the Regulations .................................................15 B. U.S. Code of Federal Regulations, Title 50, Part 216, Subpart H .........................16 1. Certification of “Dolphin-Safe” .................................................................16 2. Separation of Dolphin-Safe from Non-Dolphin-Safe Tuna .......................17 3. Independent Observers ...............................................................................18 i United States – Measures Concerning the Importation, First Written Submission of Mexico Marketing and Sale of Tuna and Tuna Products (WT/DS381) 8 April 2014 a. Observer Requirements for Mexican Large Purse Seine Vessels .................................................................................18 (1) AIDCP Requirements for Observers .................................20 (2) Implementation in Mexican Law .......................................22 b. Lack of Observer Requirements for Tuna Products Not Containing ETP Tuna .............................................................22 4. Monitoring, Verification, Tracking and Audit Requirements .............................................................................................24 a. Documentation Requirements for U.S. Tuna Products Containing Tuna Sourced from U.S. Vessels Fishing in the ETP ............................................................24 b. Documentation Requirements for Tuna Sourced from Mexican Large Purse Seine Vessels .....................................25 (1) Requirements for ETP Tuna Products ...............................25 (a) AIDCP Tracking Requirements .............................26 (b) Implementation in Mexican Law ...........................30 c. Documentation Requirements for Tuna Products Made from Non-ETP Tuna ............................................................32 C. The Hogarth Ruling ...............................................................................................32 D. The 2013 Final Rule...............................................................................................32 III. BACKGROUND INFORMATION ON THE GLOBAL TUNA INDUSTRY, ALTERNATIVE FISHING METHODS, AND STATUS OF DOLPHIN POPULATIONS IN the ETP ..........................................................................33 A. Fishers Set Nets on Dolphins Outside the ETP, and Other Fishing Methods Kill and Seriously Injure Dolphins .........................................................34 1. Overview ....................................................................................................35 2. Fishers Intentionally Set Purse Seine Nets on Marine Mammals outside the ETP .........................................................................38 3. Gillnet Fishing Kills and Injures Dolphins ................................................42 4. Longline Fishing Kills and Injures Dolphins .............................................44 ii United States – Measures Concerning the Importation, First Written Submission of Mexico Marketing and Sale of Tuna and Tuna Products (WT/DS381) 8 April 2014 5. Trawl Fishing Kills and Injures Dolphins ..................................................53 B. Tracking Procedures for Dolphin-Safe Tuna .........................................................54 1. Tuna Processing and Tracking by the Mexican Industry ...........................54 2. Tuna Processing Elsewhere .......................................................................58 a. Brokering of Tuna Breaks the Chain of Custody ...........................58 b. Absence of Tracking Measures Outside the ETP ..........................60 (1) Lack of Requirements for non-ETP Vessels ......................60 (2) Lack of Requirements for non-ETP Tuna Processors ..........................................................................62 C. Status of Dolphin Populations in the ETP .............................................................63 IV. LEGAL ARGUMENT .......................................................................................................65 A. The Panel Must Rule on all of Mexico’s Violation Claims ...................................65 B. The Amended Tuna Measure is Inconsistent with Article 2.1 of the TBT Agreement .....................................................................................................66 1. Technical Regulation .................................................................................67 a. The Amended Tuna Measure Applies to an Identifiable Product or Group of Products .....................................67 b. The Amended Tuna Measure Lays Down One or More Characteristics of the Product ..............................................68 c. Compliance with the Product Characteristics Required by the Amended Tuna Measure is Mandatory ......................................................................................69 2. Like Products .............................................................................................71 3. Treatment no Less Favourable ...................................................................71 a. The Amended Tuna Measure Modifies Competitive Opportunities to the Detriment of Imports .....................................72 (1) Design and Structure of the Amended Tuna Measure ..............................................................................72 (2) The Features of the Relevant Market .................................72 iii United States – Measures Concerning the Importation, First Written Submission of Mexico Marketing and Sale of Tuna and Tuna Products (WT/DS381) 8 April 2014 (3) The Denial of Competitive Opportunities for Mexican Tuna Products .....................................................74 b. The Detrimental Impact Reflects Discrimination against Imports ...............................................................................75 (1) The Relevant Regulatory Distinction .................................75 (2) The Differences in Labelling Conditions and Requirements are Not Legitimate ......................................76 (a) Applicable Law ......................................................76 (b) Findings of the Appellate Body in the Original Proceedings ........................................77 (c) The Amended Tuna Measure .................................78 4. Conclusions on Mexico’s Article 2.1 Claim ..............................................96 C. The Amended Tuna Measure is Inconsistent with Article I:1 of the GATT 1994 ............................................................................................................96 1. Like Products .............................................................................................97 2. Advantage, Favour or Privilege on a Product Originating in Other WTO Members ................................................................................97 3. Accorded Immediately and Unconditionally To the Like Product Originating in the Territories of All Other Members ....................................................................................................98
Load more

Recommended publications
  • Economics of Food Labeling
    Economics of Food Labeling. By Elise Golan, Fred Kuchler, and Lorraine Mitchell with contributions from Cathy Greene and Amber Jessup. Economic Research Service, U.S. Department of Agriculture. Agricultural Economic Report No. 793. Abstract Federal intervention in food labeling is often proposed with the aim of achieving a social goal such as improving human health and safety, mitigating environmental hazards, averting international trade disputes, or supporting domestic agricultural and food manufacturing industries. Economic theory suggests, however, that mandatory food-labeling requirements are best suited to alleviating problems of asymmetric information and are rarely effective in redressing environmental or other spillovers associated with food production and consumption. Theory also suggests that the appropriate role for government in labeling depends on the type of information involved and the level and distribution of the costs and benefits of providing that information. This report traces the economic theory behind food labeling and presents three case studies in which the government has intervened in labeling and two examples in which government intervention has been proposed. Keywords: labeling, information policy, Nutrition Labeling and Education Act, dolphin-safe tuna, national organic standards, country-of-origin labels, biotech food labeling Acknowledgments We wish to thank Lorna Aldrich, Pauline Ippolito, Clark Nardinelli, Donna Roberts, and Laurian Unnevehr for their comments on earlier drafts of this paper. We appreciate the guidance provided by Nicole Ballenger, Mary Bohman, Margriet Caswell, Steve Crutchfield, Carol Jones, Kitty Smith, and John Snyder. We thank Tom McDonald for providing his editorial expertise. Elise Golan and Fred Kuchler are economists in the Food and Rural Economics Division, ERS.
    [Show full text]
  • Working Group to Promote and Publicize the Aidcp Dolphin Safe Tuna Certification System the Agreement on the International Dolph
    INTERNATIONAL DOLPHIN CONSERVATION PROGRAM WORKING GROUP TO PROMOTE AND PUBLICIZE THE AIDCP DOLPHIN SAFE TUNA CERTIFICATION SYSTEM At the request of the Working Group, the Secretariat completed this draft-final version, reflecting the final comments received at the 30th Meeting of the Parties in October 2014 THE AGREEMENT ON THE INTERNATIONAL DOLPHIN CONSERVATION PROGRAM (AIDCP) AND THE AIDCP DOLPHIN SAFE LABEL: LEADERSHIP THROUGH RESPONSIBLE FISHING PRACTICES WHAT IS THE AIDCP? The Agreement for the International Dolphin Conservation Program (AIDCP) is a multilateral agreement for the protection of dolphins in the tuna fisheries in the eastern Pacific Ocean (EPO). Adopted in 1998, the Agreement was the culmination of years of work to address concerns regarding dolphin mortality in the purse-seine fisheries for tunas in the EPO. The objectives of the AIDCP are: 1. To progressively reduce incidental dolphin mortalities in the tuna purse-seine fishery in the Agreement Area to levels approaching zero, through the setting of annual limits; 2. With the goal of eliminating dolphin mortality in this fishery, to seek ecologically sound means of capturing large yellowfin tunas not in association with dolphins; and 3. To ensure the long-term sustainability of the tuna stocks in the Agreement Area, as well as that of the marine resources related to this fishery, taking into consideration the interrelationship among species in the ecosystem, with special emphasis on, inter alia, avoiding, reducing and minimizing bycatch and discards of juvenile tunas and non-target species. The AIDCP represents the culmination of years of work and cooperation among governments, scientists and fishermen, who worked tirelessly to develop the gear, procedures and technical knowledge utilized in today’s fishery.
    [Show full text]
  • Educational Module on the AIDCP
    INTERNATIONAL DOLPHIN CONSERVATION PROGRAM WORKING GROUP TO PROMOTE AND PUBLICIZE THE AIDCP DOLPHIN SAFE TUNA CERTIFICATION SYSTEM At the request of the Working Group, the Secretariat completed this draft-final version, reflecting the final comments received at the 30th Meeting of the Parties in October 2014 THE AGREEMENT ON THE INTERNATIONAL DOLPHIN CONSERVATION PROGRAM (AIDCP) AND THE AIDCP DOLPHIN SAFE LABEL: LEADERSHIP THROUGH RESPONSIBLE FISHING PRACTICES WHAT IS THE AIDCP? The Agreement for the International Dolphin Conservation Program (AIDCP) is a multilateral agreement for the protection of dolphins in the tuna fisheries in the eastern Pacific Ocean (EPO). Adopted in 1998, the Agreement was the culmination of years of work to address concerns regarding dolphin mortality in the purse-seine fisheries for tunas in the EPO. The objectives of the AIDCP are: 1. To progressively reduce incidental dolphin mortalities in the tuna purse-seine fishery in the Agreement Area to levels approaching zero, through the setting of annual limits; 2. With the goal of eliminating dolphin mortality in this fishery, to seek ecologically sound means of capturing large yellowfin tunas not in association with dolphins; and 3. To ensure the long-term sustainability of the tuna stocks in the Agreement Area, as well as that of the marine resources related to this fishery, taking into consideration the interrelationship among species in the ecosystem, with special emphasis on, inter alia, avoiding, reducing and minimizing bycatch and discards of juvenile tunas and non-target species. The AIDCP represents the culmination of years of work and cooperation among governments, scientists and fishermen, who worked tirelessly to develop the gear, procedures and technical knowledge utilized in today’s fishery.
    [Show full text]
  • Miller-And-Bush-2014-Authority-Without-Credibilty 1.Pdf
    Journal of Cleaner Production xxx (2014) 1e9 Contents lists available at ScienceDirect Journal of Cleaner Production journal homepage: www.elsevier.com/locate/jclepro Authority without credibility? Competition and conflict between ecolabels in tuna fisheries Alice M.M. Miller*, Simon R. Bush Environmental Policy Group, Wageningen University, Hollandseweg 1, Wageningen, Netherlands article info abstract Article history: Certification is widely seen as an innovative strategy for dealing with environmental problems in supply Received 29 July 2013 chains. As the number of labels available in the fisheries sector has increased, each with its own framing Received in revised form of sustainability, questions are being asked about their credibility. In tuna fisheries, contrasting ap- 14 February 2014 proaches have led to conflict over, among other things, the credibility of competing labels. This paper Accepted 19 February 2014 investigates one such conflict between the Dolphin Safe and the Marine Stewardship Council certification Available online xxx schemes in the West and Central Pacific. It looks at how key practices like scientific rigour, inclusiveness, transparency/openness, impartiality/independence and impact contribute to label credibility and ex- Keywords: fi fl Authority plains the importance of authority in understanding how certi cation schemes maintain in uence Credibility within global production networks. The results demonstrate that despite substantially different levels of Tuna credibility within these networks, the application of an environmental standard is more connected to the Marine Stewardship Council authority of the standard setter than the credibility of the label. The paper concludes that understanding Dolphin safe the more nuanced role of authority, both with and without credibility, offers new insights into the wider Ecolabelling dynamics that shape environmental regulation in global production networks.
    [Show full text]
  • Statement: “We Are Troubled by the Recent Misguided Decision from the World Trade Organization (WTO) Against Dolphin-Safe Tuna Labels
    Statement: “We are troubled by the recent misguided decision from the World Trade Organization (WTO) against dolphin-safe tuna labels. We urge your administration to make clear to our trading partners that the U.S. intends to maintain the strong dolphin-safe standards, and not to water them down.” Fact: The WTO did not rule against dolphin-safe labels. The WTO ruled that the current U.S. dolphin safe labeling scheme is misleading and deceiving U.S. consumers since 98% of the tuna in the U.S. market is caught in fisheries where there are thousands of dolphins killed and injured every year and, yet, it can be labeled dolphin safe. Statement: “Beginning in the 1950s, tuna fishing fleets began to profit from this association by tracking down and chasing dolphin herds, and then encircling them with purse seine nets, in order to capture the tuna underneath. The result was an enormous increase in dolphin deaths.” Fact: True and False. There was an enormous increase in dolphin deaths through the 1950's, '60's and '70's, primarily at the hands of the U.S. fleet. Beginning in the late 1980's fishermen began to develop and implement technologies and techniques to reduce these mortalities. In the 1990's, through the multilateral agreements and programs put in place, mortalities were dramatically reduced by 99% to levels approaching zero. This problem was fixed by the time Congress passed the law to change the definition of dolphin safe in 1997, which was blocked by Earth Island Institute (EII) in the courts. Statement: “We authorized U.S.
    [Show full text]
  • Legal Analysis of the WTO Decision on the U.S. Dolphin Safe Tuna Label
    The Future of Seafood Labeling Under the World Trade Organization: Lessons from the Dolphin- Safe Tuna Dispute © Jeff Muir/ Courtesy of ISSF Kathleen A. Mullen-Ley MAS MBC Capstone Research Project June, 2013 Table of Contents Introduction: Domestic Marine Conservation Measures and the World Trade 3 Organization Chapter 1: Ecological Background and Policy and Legal History 5 1.1 The development of the purse-seine tuna fishery and its impacts on 5 dolphins 1.2 The development of domestic and international dolphin conservation 7 measures 1.3 The legal battle begins 8 Chapter 2: The WTO Dispute Settlement Process and Current Status of US – Measures 11 Concerning the Importation, Marketing, and Sale of Tuna and Tuna Products 2.1 The WTO dispute settlement process 11 2.2 United States – Measures Concerning the Importation, Marketing, and Sale 12 of Tuna and Tuna Products 2.3 Summary of the Panel and Appellate Body rulings and recommendations 13 2.4 Proposed remedies 16 Chapter 3: Implications of the Ruling on Seafood Labeling Initiatives 20 3.1 Background on ecolabeling schemes 20 3.2 The WTO’s position on environmental labeling under the TBT Agreement 21 3.3 Comparative analysis of ecolabeling governance structures 23 3.4 Discussion and recommendations 25 Conclusion: The Future of Seafood Ecolabeling under the World Trade Organization 27 References: 29 1 Acronyms AIDCP Agreement on the International Dolphin Conservation Program DPCIA Dolphin Protection Consumer Information Act DSB Dispute Settlement Body DSU Dispute Settlement Understanding
    [Show full text]
  • Innovative Incentive-Based Tools in Reform of Highly Migratory
    Innovative Incentive-Based Tools in Reform of Highly Migratory Fisheries at Project Development and Regional Scales 2 Innovative Incentive-Based Tools in Reform of Highly Migratory Fisheries at Project Development and Regional Scales Prepared by Brad Gentner, President Gentner Consulting Group, LLC Technical Editor Vishwanie Maharaj, Lead Economics Oceans, World Wildlife Fund-US DECEMBER, 2018 WORLD WILDLIFE FUND, INC., WASHINGTON, DC 2018 ACKNOWLEDGEMENTS This report was prepared for the World Wildlife Fund, Inc. (WWF-US) under a grant from the World Bank’s Ocean Partnerships for Sustainable Fisheries and Biodiversity Conservation-Models for Innovation and Reform (OPP). This paper was prepared under the technical direction of Vishwanie Maharaj, Oceans, WWF-US. Additional contributors include Richard Barnes (University of Hull) representatives of the OPP projects (Bay of Bengal, Eastern Pacific, Caribbean and Western Central Pacific) and members of the multidisciplinary Global Think Tank (GloTT) under OPP. This report serves as a technical reference for the seminal publication arising out of GloTT deliberations on the lessons learned from developing OPP projects and insights from existing innovative incentive programs applied to highly migratory fisheries with a high seas component. iii Table of Contents ABBREVIATIONS. v Introduction . .. 1 ICM: A Response to the Common Pool Fishery Problem. .2 Push Versus Pull Incentives . 3 Market-Based Incentives. .6 RBM and the First Best . 7 Global Experience with Incentive-Compatible Management . 11 Atlantic Ocean. .11 Market/Financial-Based Tools. 23 Caribbean Pilot Projects. .24 CCSBT . 34 Bluefin Quota System in Australia. 34 Market/Financial-Based Tools. 41 Eastern Pacific Ocean. .42 Capacity Trading System. 43 Dolphin Mortality Limits.
    [Show full text]
  • Subchapter C—Marine Mammals
    SUBCHAPTER C—MARINE MAMMALS PART 216—REGULATIONS GOV- 216.34 Issuance criteria. 216.35 Permit restrictions. ERNING THE TAKING AND IM- 216.36 Permit conditions. PORTING OF MARINE MAM- 216.37 Marine mammal parts. MALS 216.38 Reporting. 216.39 Permit amendments. Subpart A—Introduction 216.40 Penalties and permit sanctions. 216.41 Permits for scientific research and Sec. enhancement. 216.1 Purpose of regulations. 216.42 Photography. [Reserved] 216.2 Scope of regulations. 216.43 Public display. [Reserved] 216.3 Definitions. 216.44 Applicability/transition. 216.4 Other laws and regulations. 216.45 General Authorization for Level B 216.5 Payment of penalty. harassment for scientific research. 216.6 Forfeiture and return of seized prop- 216.46 U.S. citizens on foreign flag vessels erty. operating under the International Dol- 216.7 Holding and bonding. phin Conservation Program. 216.8 Enforcement officers. 216.47 Access to marine mammal tissue, analyses, and data. Subpart B—Prohibitions 216.48–216.49 [Reserved] 216.11 Prohibited taking. Subpart E—Designated Ports 216.12 Prohibited importation. 216.13 Prohibited uses, possession, transpor- 216.50 Importation at designated ports. tation, sales, and permits. 216.14 Marine mammals taken before the Subpart F—Pribilof Islands, Taking for MMPA. Subsistence Purposes 216.15 Depleted species. 216.16 Prohibitions under the General Au- 216.71 Allowable take of fur seals. thorization for Level B harassment for 216.72 Restrictions on subsistence use of fur scientific research. seals. 216.17 General prohibitions. 216.73 Disposition of fur seal parts. 216.18 Approaching humpback whales in 216.74 Cooperation between fur seal subsist- Alaska.
    [Show full text]
  • TUNA WARS Powers Around the Fish We Love to Conserve Tuna Wars Steven Adolf
    Steven Adolf TUNA WARS Powers Around the Fish We Love to Conserve Tuna Wars Steven Adolf Tuna Wars Powers Around the Fish We Love to Conserve Steven Adolf Amsterdam, The Netherlands Translated by Anna Asbury and Suzanne Heukensfeldt Jansen This publication has been made possible with financial support from the Dutch Foundation for Literature and as well as a financial contribution of the WWF Netherlands (Wereld Natuur Fonds-Nederland). ISBN 978-3-030-20640-6 ISBN 978-3-030-20641-3 (eBook) https://doi.org/10.1007/978-3-030-20641-3 # Springer Nature Switzerland AG 2009, 2019 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors, and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made.
    [Show full text]
  • Tuna: Fish and Fisheries, Markets and Sustainability
    Tuna: fish and fisheries, markets and sustainability Marie Lecomte, Julien Rochette, Renaud Lapeyre, Yann Laurans (IDDRI) September 2017 1 Context of the report This report has been prepared in the context of the project “Diagnosis of the tuna industry in the Indian Ocean”, co-funded by the Institute for Sustainable Development and International Relations (IDDRI) and the French government in the framework of the programme “Investissements d’avenir”, managed by ANR (the French National Research Agency) under the reference ANR-10-LABX-01. It has been elaborated through a review of the scientific and grey literature, as well as interviews with numerous experts and stakeholders at the global, regional and national level. The authors would like to thank all those who kindly contributed to the preparation of this report by providing information and insights. Special thanks go to the Steering Committee members of this project who contributed significantly with their guidance: Selim Azzi (WWF France), Pascal Bach (IRD), Norbert Billet (IRD), Thomas Binet (Vertigo Lab), Jacques Bruhlet (Eurothon), Christian Chaboud (IRD), François Chartier (Greenpeace France), Pierre Commere (Association des entreprises de produits alimentaires élaborés), Sylvain Cuperlier (Thai Union Europe), Elisabeth Druel (Client Earth), Margaux Favet (MSC), Marc Ghiglia (Union des armateurs à la pêche), Michel Goujon (Orthongel), Patrice Guillotreau (Université de Nantes), François Henry (AFD), Edina Ifticene (WWF France), Joséphine Labat (WWF France), Edouard Le Bart (MSC), Francisco Leotte (MW Brands), Frederic Le Manach (Bloom Association), Yvon Riva (Union des armateurs à la pêche), Thomas Roche (Ministère chargé de l’écologie), Cécile Schneider (Conservation International), Pauline Soudier (WWF France), Yvan Yvergniaux (Smart Fish).
    [Show full text]
  • Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products
    United States – Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products: Recourse to Article 21.5 of the DSU by Mexico (DS381) Comments of the United States of America on Responses of Mexico to the Questions Posed by the Panel September 26, 2014 TABLE OF ACRONYMS Acronym Full Name AIDCP Agreement on the International Dolphin Conservation Program CCSBT Commission for the Conservation of Southern Bluefin Tuna C.F.R. Code of Federal Regulations DML Dolphin Mortality Limit DPCIA Dolphin Protection Consumer Information Act DSB Dispute Settlement Body Understanding on Rules and Procedures Governing the Settlement of DSU Disputes GATT 1994 General Agreement on Tariffs and Trade 1994 EPO Eastern Pacific Ocean ETP Eastern Tropical Pacific Ocean EEZ Exclusive Economic Zone FAD Fish Aggregating Device FCO or Form 370 NOAA Fisheries Certificate of Origin IATTC Inter-American Tropical Tuna Commission ICCAT International Commission for the Conservation of Atlantic Tunas IDCP International Dolphin Conservation Program IOTC Indian Ocean Tuna Commission MT Metric Ton NMFS National Marine Fisheries Service NOAA National Oceanic and Atmospheric Administration United States – Measures Concerning the Importation, U.S. Comments on Responses to Questions Marketing and Sale of Tuna and Tuna Products: September 26, 2014 Recourse to DSU Article 21.5 by Mexico (DS381) Page ii PIROP Pacific Islands Regional Observer Program PBR Potential Biological Removal RFMO Regional Fishery Management Organization SPC Secretariat of the Pacific Community SPS Sanitary and Phytosanitary Agreement on the Application of Sanitary and Phytosanitary SPS Agreement Measures TRP Take Reduction Plan TBT Agreement Agreement on Technical Barriers to Trade TTF Tuna Tracking Form U.S.C.
    [Show full text]
  • The Tuna-Dolphin Controversy by Michael D
    The Tuna-Dolphin Controversy by Michael D. Scott Reprinted with permission from: Whalewatcher 1996 A purse seiner that has made a "set" around an aggregation of marine animals photo courtesy of Michael D. Scott After more than 25 years, the tuna-dolphin issue in the eastern Pacific Ocean (EPO) remains as contentious as ever. The problem of high mortalities of the 1960s and 1970s has largely been replaced by issues about the recovery of dolphin populations, protection of marine biodiversity, international relations, consumer fraud, and free trade. At the center of these controversies have been two research and management agencies. The National Marine Fisheries Service (NMFS) conducted the pioneering research on dolphin biology, population status, and mortality reduction, instituted an observer program to monitor the U.S. fleet, and has been responsible for U.S. management of the dolphin populations in the EPO. The Inter-American Tropical Tuna Commission (IATTC) has been active in the research on tunas and their international management since 1950. In 1978, the IATTC's Tuna-Dolphin Program was organized to conduct research on dolphins, to reduce dolphin mortality through gear research, fishermen training, and net inspections, to place observers on vessels of the international fleet, and to make recommendations for dolphin conservation. Currently, the IATTC observers accompany all U.S. and non-U.S. purse seiners capable of fishing for dolphin-associated tuna, with the exception of half of the trips made by Mexican vessels, which are monitored by a Mexican national program. In the last 10 years, the decline in dolphin mortality has been particularly dramatic (Figures 1 and 2).
    [Show full text]