./.WORLD TRADE
ORGANIZATIONWT/CTE/W/152
29 June 2000
(00-2698)
Committee on Trade and Environment Original:  English
CONSERVATION MEASURES TAKEN BY THE INTERNATIONAL COMMISSION
FOR THE CONSERVATION OF ATLANTIC TUNAS (ICCAT)
Communication from the ICCAT Secretariat
This background paper is circulated to Members of the CTE in preparation for the MEA
Information Session on 5 July 2000.
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I. INTRODUCTION
1. In 2000, the ICCAT Secretariat contributed to the preparation of the WTO Secretariat's
informal matrix on trade measures pursuant to selected MEAs.  The ICCAT Secretariat also presented
an information document on ICCAT membership, ov erall organization, objectives and conservation
and management measures to the meeting of the Committee on Trade and Environment
on 23-24 July 1998 (WT/CTE/W/87).
2. As mentioned in WT/CTE/W/87, the Commission has recommended numerous regulatory
measures for various tuna species since 1972.  In recent years, bluefin tuna ( Thunnus thynnus ) and
swordfish ( Xiphias gladius ) have drawn considerable attention in international fisheries, and there has
been increasing fishing efforts on these species.  As a result, both bluefin tuna and swordfish stocks
have been found to be below the le vel of maximum sustainable yield.
3. As more regulatory measures are adopted by the Commission, the problems of fishing by
non-contracting parties, entities and fishing entities in contravention of such measures have become
more obvious.  The regulatory measures recommended by the Commission are binding on its
Contracting Parties, but they are not binding on non-contracting parties, entities and fishing entities.
Consequently, many of these continue or have started to fish for bluefin tuna, ignoring ICCATregulations.  Hence it has become necessary to take further measures in order to combat this problem.
II. MEASURES TAKEN BY THE COMMISSION CONCERNING CATCHES OF
NON-CONTRACTING PARTIES, ENTITIES AND FISHING ENTITIES.
4. In an attempt to solve the problems of catches by non-contracting parties, entities and fishing
entities, which have been undermining the effectiveness of ICCAT's stock management program, theCommission has adopted a number of measures in recent years, including the following:
• Requesting the collaboration of these non-contracting parties, entities and fishing
entities.  Unfortunately, most of our efforts in this regard have not produced any
positive results.
• Bluefin Tuna Statistical Document Program (BTSDP).  This programme applies
equally to products from Contracting Parties and from non-contracting parties,
entities or fishing entities.WT/CTE/W/152
Page 2
• Action Plan and other related measures.  After taking the above steps, it became
evident that many countries fishing for bluefin tuna in the Atlantic, and particularly inthe Mediterranean Sea, were not comply ing with ICCAT regulatory measures.
Consequently, in 1994, the Commission adopted an " Action Plan to Ensure the
Effectiveness of the Conservation Program for Atlantic Bluefin Tuna ".  This Action
Plan has a provision whereby the Commission may recommend that ICCATContracting Parties take non-discriminatory trade restrictive measures, consistent
with their international obligations, on bluefi n tuna products in any form from parties
whose fishing activities have been identified as having fished for Atlantic bluefin
tuna in a manner which diminishes the effectiveness of the ICCAT conservation
measures.
5. At its meeting in 1999, the Commission adopted further regulatory measures, which became
effective 15 June 2000.  Of these, the following four measures are of particular interest to the CTE:
Recommendation by ICCAT to Establish a Rebuild ing Program for North Atlantic Swordfish ,
which inter alia restricts the Total Allowable Catch of this species in the north Atlantic and
provides that all Contracting Parties, non-contracting parties, entities and fishing entities shall
take the necessary measures to prohibit the taking and landing of swordfish weighing lessthan 25kg (live weight).  This measure applies to the entire Atlantic Ocean.
Resolution by ICCAT Calling for Further Actions against Illegal, Unregulated and
Unreported Fishing Activities by Large-Scale Longline Vessels in the Convention Area and
Other Areas.  In accordance with this Resolution, Contracting Parties, cooperating
non-contracting parties, entities or fishing entities shall ensure that large-scale tuna longline
vessels under their registry do not carry out illegal, unregulated and unreported fishing
activities in the Convention Area and other areas (e.g., by means of denying such vessels a
licence to fish) .
Resolution by ICCAT Concerning the Need for New Approaches to Deter Activities that
Diminish the Effectiveness of ICCAT Conservation and Management Measures,  urges all
Contracting Parties to consider becoming pa rty to the Agreement for the Implementation of
the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982
relating to the Conservation and Management of  Straddling Fish Stocks and Highly Migratory
Fish Stocks and to the Agreement to Promot e Compliance with International Conservation
and Management Measures by Fishing Vessels on the High Seas .
Resolution by ICCAT Endorsing the International Plan of Action for the Management of
Fishing Capacity  through which ICCAT endorses the International Plan of Action for the
Management of Fishing Capacity, adopted in 1999 by the Food and Agriculture Organization
of the United Nations (FAO).
III. CONCLUSION
6. The adoption and implementation of these conservation measures has been, and continues to
be, a long and difficult process .  The regulatory measures are based on scientific analyses, taking into
account the many delicate legal issues involved .  ICCAT is attempting to encourage the voluntary
cooperation of non-contracting parties, entities or fishing entities, and recourse to trade measures is
only considered after all other possible means have been attempted .  The Commission, however, will
continue to combat the undermining of the effectiveness of its regulatory measures in order to ensure
the continuous conservation of the stocks under its mandate .
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