WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOWT/CTE/W/87
16 July 1998
(98-2822)
Committee on Trade and Environment Original:  English/
anglais/
inglés
COMMUNICATION FROM THE SECRETARIAT OF THE INTERNATIONAL
COMMISSION FOR THE CONSERVATION OF ATLANTIC TUNAS
The attached background paper1 has been received from the Secretariat of the International
Commission for the Conservation of Atlantic Tunas (ICCAT).  It is being circulated to Members ofthe CTE in preparation for the Information Session with Secretariats of Multilateral Environmental
Agreements on 23 July 1998.
Comité du commerce et de l'environnement
COMMUNICATION DU SECRÉTARIAT DE LA COMMISSION INTERNATIONALE
POUR LA CONSERVATION DES THONIDES DE L'ATLANTIQUE
La note d'information ci-jointe1 a été reçue du Secrétariat de la Commission internationale
pour la conservation des thonides de l'Atlantique.  Elle est distribuée aux membres du Comité du
commerce et de l'environnement en vue de la séance d'information avec les Secrétariats des Accordsenvironnementaux multilatéraux qui aura lieu le 23 juillet 1998.
Comité de Comercio y Medio Ambiente
COMUNICACIÓN DE LA SECRETARÍA DE LA COMISIÓN INTERNACIONAL PARA
LA CONSERVACIÓN DEL ATÚN ATLÁNTICO
La Secretaría de la Comision Internacional para la Conservación del Atún Atlántico ha
enviado el documento de base adjunto1, que se distribuye a los miembros del CCMA como parte de
los preparativos para la reunión de información con las Secretarías de Acuerdos Multilaterales sobre
el Medio Ambiente, que se celebrará el 23 de julio de 1998.
                                                     
1 English only/En anglais seulement/En inglés solamenteWT/CTE/W/87
Page 2
STOCK MANAGEMENT MEASURES TAKEN BY THE INTERNATIONAL COMMISSION
FOR THE CONSERVATION OF ATLANTIC TUNAS (ICCAT)
IN RELATION TO TRADE MEASURES
Note by the Secretariat of the International Commission
for the Conservation of Atlantic Tunas
Summary
As a Regional Agency responsible for the conservation of tuna and tuna-like resources in the
Atlantic and its adjacent seas, the International Commission for the Conservation of Atlantic Tunas(ICCAT), currently comprised of 25 Contracting Parties, has adopted various regulatory measures
for the species under its purview.  According to the Convention, Commission decisions are taken by
its Contracting Parties and such agreements are generally reached by concensus.  In recent years,
due to the high market prices paid, Atlantic bluefin tuna (Thunnus thynnus) has been fished well
beyond the level of sustainable yield.  The Commission has adopted regulatory measures specific tothis species since 1975. In order to enforce the im plementation of its regulations by non-contracting
parties, which are under no obligation to enforce the recommendations by the Commission, ICCAT
has taken several courses of action. These include:  (1) frequent communication with parties fishing
in a manner which undermines the effectiveness of the regulatory measures;  (2) the establishment of
the Bluefin Tuna Statistical Document Program (BSD);  (3) the adoption of an Action Plan to Ensurethe Effectiveness of the Conservation Program for Atlantic Bluefin Tuna;  and (4) the implementation
of trade restrictive measures further to the Action Plan.
To ensure the effectiveness of the ICCAT bluefin tuna conservation program, the Commission
has recommended ICCAT Contracting Parties to take non-discriminatory trade restrictive measures,consistent with their international obligations, on bluefin tuna products in any form from those non-
contracting parties whose vessels have been fishing for Atlantic bluefin tuna in a manner which
diminishes the effectiveness of the relevant ICCAT conservation recommendations.
I. MANAGEMENT MEASURES ADOPTED BY THE COMMISSION
The International Commission for the Conservation of Atlantic Tunas (ICCAT) is an
intergovernmental organization, currently comprised of 25 Contracting Parties, which was establishedby an international Convention signed in 1966 with the mandate of conservation of tuna and tuna-like
fish stocks in the Atlantic Ocean and its adjacent seas.  ICCAT initiated its activities in 1969 and its
Headquarters are located in Madrid, Spain.  The Commission collects statistics from all tuna fisheries,
conducts stock assessments and, on a scientific basis, adopts appropriate management measures for
various stocks of tunas.
Since 1972, the Commission has recommended numerous regulatory measures for various tuna
species.  In recent years, bluefin tuna ( Thunnus thynnus  ) and swordfish ( Xiphias gladius ) have drawn
considerable attention to international fisheries, mainly due to the high prices for these fish on
international markets.  In particular, the high price paid for bluefin tuna on the Japanese “Sashimi”(raw fish) market triggered increasing fishing efforts fo r this species.  As a result, bluefin tuna stocks
have been found to be below the leve l of maximum sustainable yield (MSY).
The Commission adopted regulatory measures (minimum size and catch limits) for the entire
Atlantic
2 for the first time in November 1975.3  As the depletion of the western Atlantic stock became
                                                     
2The Atlantic Ocean includes all the adjacent seas, such as the Mediterranean Sea .
3According to the Convention, the Commission recommendations for regulatory measures enter into
force, generally six months after they have been tran smitted to the Contracting Parties. Since the CommissionWT/CTE/W/87
Page 3
apparent, the Commission recommended at its 1981 meet ing that fishing for western Atlantic bluefin
tuna be prohibited, except for a minor quantity for scientific monitoring purposes.  This allowance
was shared by three bluefin tuna fishing countries (Canada, Japan and U.S.A.) and has been well
monitored.
For the eastern Atlantic stock, except for the minimum size and capping of the catches
recommended in 1975, no significant measures were taken until much later.  In 1993, a
recommendation was adopted which prohibits bluefin fishing by large pelagic longline fishing vessels
(over 24 meters in length) during June and July (the bluefin spawning season) in the Mediterranean.
In 1996, a recommendation was adopted to prohibit purse seine fishing in August in the
Mediterranean Sea to protect small fish.  The catch reduction for the eastern stock was recommended,
for the first time, in 1994 by the Commission and entered into effect in 1995.
II. PROBLEMS CAUSED BY NON-CONTRACTING PARTIES’ CATCHES
As more regulatory measures are adopted by the Commission, the problems of fishing by
non-contracting parties, entities and fishing entities in contravention to such measures, have become
more obvious.  The regulatory measures recommended by the Commission are binding on itsContracting Parties (currently 25 members), but they are not binding on non-contracting parties,
entities and fishing entities.  Consequently, many non-ICCAT members continued or have started
fishing for bluefin tuna, ignoring ICCAT regulations.  Even more serious is that some fishing vessels
previously registered under ICCAT Contracting Parties have changed flags to a third country (flag of
convenience) and have continued unregulated fishing.  The catches taken by vessels flying flags ofconvenience are not reported and thus the scientific studies are becoming progressively inaccurate and
more difficult to carry out. In addition, the increase of such fishing operations by non-members that
do not comply with ICCAT’s regulatory measures have discouraged the fishermen of Contracting
Parties to implement the regulations.
The following table shows the magnitude of such unreported catches (estimated by the
Commission and possibly still under-estimated) and hence demonstrates the problems which the
Commission is currently facing.
Table.  Atlantic Bluefin Tuna Catches
1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996
Contracting Parties MT 9927 11613 16407 13133 14531 14325 17111 18200 24763 24920 24077
% 43.5 56.2 60.1 52.8 58.2 51.9 60.9 59.0  53.0 59.5 56.2
Non-Members* MT 12718 8797 10168 10948 9887 11442 9580 10377  13882 10408 10183
% 55.7 42.6 37.3 44.0 39.6 41.5 34.1 33.6 29.7 24.9 23.8
Unreported MT 183 259 705 793 532 1826 1415 2280 8049 6554 8545
catches % 0.8 1.3 2.6 3.2 2.1 6.6 5.0 7.4 17.2 15.6 20.0
TOTAL MT 22828 20669 27280 24874 24950 27593 28106 30857 46694 41882 42805
*Non-members are for that particular year. Some countries b ecame ICCAT members during this period.
NOTE:  The unreported catches in the above table may still be under-estimated and most of them represent catches taken in
contravention to the ICCAT regulatory measures.
                                                                                                                                                                    
holds its annual meeting in November, the recommendations adopted do not enter into effect until the middle of
the following year.WT/CTE/W/87
Page 4
III. MEASURES TAKEN BY THE COMMISSION CONCERNING
NON-CONTRACTING PARTIES’ CATCHES
In an attempt to solve the problem of catches by non-contracting parties which have been
undermining the effectiveness of ICCAT’s stock management program, the Commission has adopted
a number of measures in recent years.
A. REQUESTING THE COLLABORATION OF THESE NON -CONTRACTING PARTIES , ENTITIES AND
FISHING ENTITIES
The first step the Commission took was to communicate with non-contracting parties, entities
and fishing entities to request their collaboration.  Since the early 1990's, the Commission has
transmitted official communications to non-memb ers fishing bluefin tuna. In 1995, a special
diplomatic demarche was made.  Unfortunately, most of these efforts did not produce any positiveresults.
In 1994, the Commission adopted a “Resolution on Coordination with non-Contracting
Parties”.  The Resolution urged non-contracting part ies known to be fishing in the ICCAT Convention
area for species under ICCAT competence to become  Contracting Parties or “Cooperating Parties”,
and again requested their observance of ICCAT’s conservation measures.
Since 1996, the Commission has transmitted official communication to some non-members,
specifically pointing out that their fishing vessels have been fishing in a manner which seriously
undermines ICCAT’s conservation efforts.
B. B
LUEFIN TUNA STATISTICAL DOCUMENT PROGRAM
Noting the increasing inaccuracy of bluefin tuna statistics and the increase in unreported
catches by non-members and fleets flying flags of convenience, the Commission adopted
recommendations to enforce its Bluefin Tuna Statis tical Document Program (BTSDP) for frozen fish
in 1992 (which entered into force in 1993) and for fr esh bluefin tuna in 1993 (which entered into force
in 1994).  The Program requested all Contracting Parties to require that all bluefin tuna, when
imported into the territory of a Contracting Party or at the first entry into a regional economic
organization, be accompanied by an ICCAT Bluefin Tuna Statistical Document which is defined by
the Commission (including the name of the country issuing the document, the name of the exporter
and importer, the area of the harvest, etc.).  Later, more details were added but, in principle, all bluefin
tuna products (not only from the Atlantic), must be accompanied by a Statistical Document validatedby a government official.  The Program is equally applied for products from Contracting Parties and
from non-contracting parties, entities or fishing entities.
The seals and signatures used for validation of the Statistical Documents are registered with
the Commission, and only those products accompanied by Documents containing registered seals and
signatures are accepted for import.  The catch quantities reported on these Documents are assembled
by the importing countries and the Commission uses such information to estimate unreported catches.
In addition, the Statistical Documents identify the countries fishing bluefin tuna, the amounts caught
(although these are minimum estimates), and the fishing areas.  It should, however, be noted that this
Program has been successful only because most of the bluefin products end up on the Japanesemarket, and the Japanese Fisheries Agency has successfully introduced this Program with the full
collaboration of its Ministries of Finance (Customs) and Industry and Trade.
C. A
CTION PLAN AND OTHER RELATED MEASURES
After taking the above steps (A and B), it became evident that many countries still fishing
bluefin tuna in the Atlantic (particularly in th e Mediterranean) were not complying with the ICCATWT/CTE/W/87
Page 5
regulatory measures.  Consequently, in 1994, the Commission adopted an “Action Plan to Ensure the
Effectiveness of the Conservation Program for Atlantic Bluefin Tuna”.  This issue was disputed at
length before its final adoption (text attached as Appendix 1).  The Action Plan establishes steps
whereby the Commission first has to identify those non-contracting parties whose vessels have been
fishing for Atlantic bluefin tuna in a manner which diminishes the effectiveness of the relevantconservation recommendations of the Commission on Atlantic bluefin tuna, based on the catch data
compiled by the Commission, the trade information obtained through national statistics and the
Bluefin Statistical Document Program, and other relevant information obtained in ports and at the
fishing grounds.
As a second step, the Commission notifies those countries of their infractions and requests
their cooperation with the Commission in implementing the conservation program.  If, despite theseefforts, the Commission recognizes that those identified and requested to collaborate have not
rectified their fishing activities, as a third step, the Commission will recommend that the Contracting
Parties take non-discriminatory, trade restrictive measures, consistent with their international
obligations, on bluefin tuna products in any form, from the Parties identified as such.
In addition to this Action Plan, the Commission adopted a “Resolution on Vessel Sighting” in
1994, which requests its Contracting Parties to collect, through their enforcement and surveillance
operations in the Convention area, information on the sighting of fishing vessels engaged in illegal
fishing activities.
IV. CONSERVATION MEASURES RELATED TO TRADE
Since the Action Plan and other related measures have been put into effect, the Commission
has studied the fishing activities of various non-contracting parties, entities or fishing entities every
year.  In 1995, the Commission identified several countries which caught more bluefin tuna than they
were allowed and decided to transmit a letter of warning.  Among these, vessels flying the flags ofBelize, Honduras and Panama were particularly noted as fishing during the closed season in closed
areas, and catching bluefin tuna without any quota.  These facts were duly transmitted to the above
three countries and they were requested to comply with the ICCAT regulations, with the possible
consequent measures the Commission might have to take in the case these activities were not
rectified.
In 1996, the Commission noted that the vessels flying those countries’ flags were still fishing
in a manner which diminished the effectiveness of the relevant conservation measures and no action
had been taken to rectify these fishing practices.  Thus, in accordance with the provisions of the
Action Plan adopted in 1994 and transmitted to these countries in 1995, the Commission adopted a
“Resolution Regarding Belize and Honduras Pursuant to the 1994 Bluefin Tuna Action Plan
Resolution” (attached as Appendix 2) and another “Regarding Panama Pursuant to the 1994 Bluefin
Tuna Action Plan Resolution”.  (These two Resolutions are basically the same, except as concerns the
date the trade restrictive action becomes effective).  According to the Resolution, the Contracting
Parties shall take appropriate measures, consistent with provisions of the Action Plan, to the effect
that the import of Atlantic bluefin tuna and its products in any form from Belize, Honduras and
Panama be prohibited.  This came into force on August 4, 1997 for Belize and Honduras and onJanuary 1, 1998 for Panama.
According to the above Resolutions, the Commission will lift the import prohibitions on these
parties when it has ascertained that the fishing pr actices detrimental to ICCAT’s conservation efforts
have been duly rectified.WT/CTE/W/87
Page 6
V. CONCLUSIONS
It was a long process for the Commission to take these steps. Involved were numerous legal
studies, biological analyses and tedious efforts to urge those countries to respect the conservation
measures adopted by the Commission.  When the trade restrictive measures were adopted, it was only
after all other efforts at conservation were exhausted.  It should also be noted that most of thosevessels were fishing without any vessel name, identification, or flag, in the middle of the closed
fishing area and season, that their catches had been exported to Contracting Parties that were strictly
observing the regulations, and that those flag countries had failed to respond to ICCAT’s requests and
inquiries about their fishing activities.  Thus, the Commission was left with no other choice but to
implement its regulatory measures through trade restrictive measures.
It should also be noted that in order to ensure the effectiveness of the ICCAT bluefin tuna
conservation program, the Commission has recommended ICCAT Contracting Parties to take non-
discriminatory trade restrictive measures, consistent with their international obligations, on bluefin
tuna products in any form from those non-Contracting Parties whose vessels have been fishing for
Atlantic bluefin tuna in a manner which dimini shes the effectiveness of the relevant ICCAT
conservation recommendations.WT/CTE/W/87
Page 7
APPENDIX 1
RESOLUTION ON AN
ACTION PLAN TO ENSURE THE EFFECTIVENESS
OF THE CONSERVATION PROGRAM FOR ATLANTIC BLUEFIN TUNA
The following Resolution was adopted by the Commission at its Ninth Special Meeting (Madrid,November-December, 1994).  It was officially transmission to the Contracting Parties on January 23,1995.
RECOGNIZING that the goal of ICCAT is to maintain populations of tuna and tuna-like
fishes in the Atlantic at levels which will permit harvesting maximum sustainable yield;
BEING AWARE that the link between trade and environment is being addressed in other
international fora;
RECALLING that the 1992 Recommendation Concerning the ICCAT Bluefin Tuna Statistical
Document Program, which requires that all bluefi n tuna, when imported into the territory of a
Contracting Party or at the first entry into a Regional Economic Organization, be accompanied by anICCAT Bluefin Tuna Statistical Document;
CONSIDERING the continuing need for action to ensure the effectiveness of the ICCAT
conservation program for Atlantic bluefin tuna;
RECOGNIZING that a significant number of vessels registered to nations which are not
Contracting Parties to ICCAT are catching Atlantic bluefin tuna;
BEING AWARE of the strenuous efforts by Contracting Parties to ensure enforcement of
ICCAT's conservation and management measures and to encourage non-Contracting Parties to abideby these measures;
NOTING that the ICCAT's ability to manage Atlant ic bluefin tuna on a sustainable basis is
diminished by harvesting contrary to ICCAT r ecommendations and recognizing the need to take
further strenuous measures to ensure the effectiveness of the ICCAT bluefin tuna conservationprogram;
THE INTERNATIONAL COMMISSION
FOR THE CONSERVATION OF ATLANTIC TUNAS (ICCAT)
RESOLVES THAT:
a. The Infractions Committee shall review, during the 1994 meeting and annually thereafter, the
implementation by each Contracting Party of accepted Commission Recommendations. The
Commission shall decide, by the end of 1994 and annually thereafter, any necessary new measures to
be taken to ensure compliance by Contracting Parties.
b. The Permanent Working Group for the Improvement of ICCAT Statistics and Conservation
Measures shall identify, during the 1994 meeting and annually thereafter, those non-Contracting
Parties whose vessels have been fishing for Atlantic bluefin tuna in a manner which diminishes the
effectiveness of the relevant conservation reco mmendations of the Commission on Atlantic bluefinWT/CTE/W/87
Page 8
tuna, based on the catch data compiled by the Commission, the trade information obtained through
national statistics and the Bluefin Tuna Statistical Document Program, and other relevant information
obtained in ports and at the fishing grounds.
c. The Commission shall request those Parties identified in paragraph (b) to rectify their fishing
activities so as not to diminish the effectiveness of the ICCAT bluefin tuna conservation program and
to advise the Commission of actions taken in that regard.
d. The Contracting Parties shall jointly and individually request that non-Contracting Parties
fishing Atlantic bluefin tuna in the Convention Area cooperate fully with the Commission in
implementing the ICCAT bluefin tuna conservation program.
e. The Permanent Working Group for the Improvement ICCAT Statistics and Conservation
Measures shall review, by the end of 1995 and annually thereafter, the actions taken by those Parties
identified and requested in paragraphs (b), (c), and (d), and identify the Parties which have not
rectified their fishing activities.
f. To ensure the effectiveness of the ICCAT bluefin tuna conservation program, the
Commission will recommend the Contracting Parties to take non-discriminatory trade restrictive
measures, consistent with their international obligations, on bluefin tuna products in any form, from
the Parties identified in paragraph (e).WT/CTE/W/87
Page 9
APPENDIX 2
RESOLUTION REGARDING BELIZE AND HONDURAS PURSUANT
TO THE 1994 BLUEFIN TUNA ACTION PLAN RESOLUTION
The following Recommendation was adopted by the Co mmission at its Tenth Special Meeting (San
Sebastian, November 1996).  It entered into force on August 4, 1997.
THE INTERNATIONAL COMMISSION
FOR THE CONSERVATION OF ATLANTIC TUNAS (ICCAT)
RECOGNIZING the authority and responsibility of ICCAT to manage populations of bluefin tuna
in the Atlantic Ocean and its adjacent seas, at the international level;
NOTING the need for all non-Contracting Parties fishing for bluefin tuna in the Atlantic Ocean
and its adjacent seas to join ICCAT or cooperate with ICCAT's conservation and management
measures;
RECALLING the Commission's past actions over many years to encourage Belize and Honduras
to cooperate with ICCAT conservation and mana gement measures for Atlantic bluefin tuna;
CONSIDERING the sighting of vessels of Belize and Honduras in the Mediterranean Sea during
the closed season when the bluefin tuna are spawning;
TAKING INTO ACCOUNT the import data compiled from the ICCAT Bluefin Tuna Statistical
Documents that must accompany bluefin tuna imports, and further taking into account that such data
reveal significant exports of Atlantic bluefin tuna by Belize and Honduras;
EXPRESSING CONCERN with regard to the over-fished status of bluefin tuna in the Atlantic
Ocean;
RECALLING the Commission's Action Plan, adopted in 1994, to ensure the effectiveness of the
conservation measures for Atlantic bluefin tuna;
RECOGNIZING that effective management of bluefin tuna stocks cannot be achieved by
Contracting Parties of ICCAT whose fishermen are fo rced to reduce their catches of Atlantic bluefin
tuna unless all non-Contracting Parties cooperate with ICCAT in connection with its conservation and
management measures;
CALLING ATTENTION to the 1995 decision by the Commission identifying Belize and
Honduras as countries whose vessels have been fishing for Atlantic bluefin tuna in a manner which
diminishes the effectiveness of the ICCAT bluefin tuna conservation measures, and recognizing that
the decision was based on catch, trade and vessel sightings data;
CAREFULLY REVIEWING information regarding the efforts by the Commission to get the
collaboration of Belize and Honduras over the past year, including recognition of the fact that therehas been no response from Belize to the ICCAT requests, and limited response, but no action, from
Honduras; andWT/CTE/W/87
Page 10
NOTING that this Recommendation does not prejudice the rights and obligations of Contracting
Parties based on other international agreements;
Therefore,
THE INTERNATIONAL COMMISSION FOR THE CONSERVATION
OF ATLANTIC TUNAS (ICCAT) RECOMMENDS THAT:
a. Contracting Parties take appropriate measures, consistent with provisions of the "Resolution by
ICCAT Concerning an Action Plan to Ensure Effect iveness of the Conservation Program for Atlantic
Bluefin Tuna" , to the effect that the import of Atlantic bluefin tuna and its products in any form from
Belize and Honduras be prohibited, effective from the time this Recommendation enters into force.
b. The Commission again request that Belize and Honduras cooperate with ICCAT by fishing in a
manner and extent consistent with ICCAT conserva tion and management measures and by providing
catch statistics to ICCAT in accordance with ICCAT procedures.
c. The Commission continue to encourage partic ipation by Belize and Honduras in all ICCAT
meetings.
d. Contracting Parties lift the import prohibition on either of the two countries referred to in
paragraph (a) above, upon the decision of the Commission and receipt of notification from the ICCAT
Executive Secretary that fishing practices of that country have been brought into consistency withICCAT measures.
__________