TN/RL/W/274/Rev.6  
 
14 November 2018  
(18-7173) Page: 1/21 
Negotiating Group on Rules   
 
FISHERIES SUBSIDIES  
WORKING DOCUMENT   
COMMUNICATION FROM T HE CHAIR  
Revision  
The attached working document has emerged from the intensive work in the Negotiating Group on 
Rules, based on the proposals contained in document RD/TN/RL/29/Rev.3. This revision now 
includes elements contained in that document that were not included in TN/RL/W/274/Rev.5 and 
incorporates as well technical and other agreed changes. This revision thus represents a unified 
version of the Negotiating Group's working documents on fisher ies subsidies produced to date.  
This working document is the result of a collective effort by delegations, and represents an effort to 
develop a working text that could present with some degree of clarity the numerous issues, 
approaches, and views before t he Group. Its purpose is to facilitate further work of the Group. It is 
of course entirely without prejudice to the position of any delegation, or the right of any delegation 
to propose further changes.  
 
 
_______________  
 
  TN/RL/W/274/Rev.6  
 
- 2 - 
 
  PREAMBLE  
 
[The Ministerial Confe rence,] [Members hereby;]  
 
[Recalling the mandate contained in the 2001 Doha Declaration, where Ministers agreed to clarify 
and improve WTO rules that apply to fisheries subsidies,  
 
[Recalling the Hong Kong Ministerial Declaration of 2005 that appropriat e and effective special and 
differential treatment for developing and least -developed Members should be an integral part of the 
fisheries subsidies negotiations, taking into account the importance of this sector to development 
priorities, poverty reduction , and livelihood and food security concerns,]  
 
Acknowledging the importance of the sector to development priorities, poverty reduction, livelihood, 
sustainable development of fisheries capacity throughout the value chain, and food security concerns 
of deve loping countries  
 
Reaffirming our commitment under the 2030 Development Agenda to prohibit, by 2020, certain 
forms of fisheries subsidies which contribute to overcapacity and overfishing, eliminate subsidies 
that contribute to illegal, unreported and unre gulated fishing and refrain from introducing new such 
subsidies, recognizing that appropriate and effective special and differential treatment for developing 
and least developed countries should be an integral part of the WTO fisheries subsidies negotiatio n.]  
 
[Considering a growing consensus within the international community has been emerging on the 
need to act to prevent the harmful impacts of certain fisheries subsidies on sustainability of marine 
resources. That understanding was reflected in Paragraph 173 of the outcome document of the 
United Nations Conference on Sustainable Development, 'The future we want' and in the recent 
multilateral mandate of the 2030 Agenda for Sustainable Development of the United Nations, in 
which Heads of State and  Government agreed on the Sustainable Development Goals (SDGs)  14.6;]  
 
[Acknowledging the commitments established under the 2030 Agenda for Sustainable Development 
and notably UN Sustainable Development Goal 14 on the conservation and sustainable use of oc eans, 
seas and marine resources for sustainable development,  
 
Acknowledging UN Sustainable Development Goal 14 target 6 which sets out that the signatories of 
the 2030 Agenda for Sustainable Development should, by 2020 prohibit certain forms of fisheries 
subsidies which contribute to overcapacity and overfishing, eliminate subsidies that contribute to 
illegal, unreported and unregulated fishing and refrain from introducing new such subsidies,  
 
Acknowledging UN Sustainable Development Goal 14 target 4 which  sets out that the signatories of 
the 2030 Agenda for Sustainable Development should, by 2020 effectively regulate harvesting and 
end overfishing, illegal, unreported and unregulated fishing and destructive fishing practices and 
implement science -based man agement plans, in order to restore fish stocks in the shortest time 
feasible, at least to levels that can produce maximum sustainable yield as determined by their 
biological characteristics,]  
 
[Recognizing the urgent need to eliminate illegal, unreported a nd unregulated fishing and prohibit 
certain forms of subsidies that contribute to overfishing and overcapacity;  
 
Acknowledging that appropriate and effective special and differential treatment for developing and 
least-developed country Members should be a n integral part of the World Trade Organization 
fisheries subsidies negotiation;]  
 
[Recognizing that appropriate and effective special and differential treatment for developing and 
least developed countries should be an integral part of the World Trade Org anization fisheries 
subsidies negotiation,]  
 
[Recalling, that the Food and Agricultural Organization (FAO) has developed relevant international 
plans of actions to address Illegal, Unreported and Unregulated (IUU) fishing, and overcapacity, as 
well as tec hnical guidelines for responsible fisheries;  
 TN/RL/W/274/Rev.6  
 
- 3 - 
 
  Fulfilling the fisheries subsidies' goals will be the most relevant WTO contribution to trade and 
environment, representing at the same time an important contribution to food security and 
development;]  
 
[Recog nizing that overcapacity contributes to overfishing and constitutes a serious threat to the 
conservation and sustainable exploitation of living marine resources,  
 
Recognizing that the share of overfished stocks increased from 10% in 1974 to over 31% in 20 13 
and that this share should be decreased],  
 
[The Members agree as follows:] [agree to establish effective disciplines on fisheries subsidies as 
follows:]  
 
[Members,  
 
Noting the harmful effect of illegal, unreported and unregulated (IUU) fishing on world  fishery;  
 
Acknowledging the goal of UN Sustainable Development Goal 17 target 10 to promote a universal, 
rules-based, open, non -discriminatory and equitable multilateral trading system under the World 
Trade Organization, including through the conclusion of negotiations under its Doha Development 
Agenda and, in particular, Goal 14 target 6 to eliminate subsidies that contribute to IUU fishing 
by 2020;  
 
Recalling the mandate from the WTO Doha and Hong Kong Ministerial Declarations, and in particular 
the Hon g Kong Ministerial mandate that "appropriate and effective special and differential treatment 
for developing and least -developed Members should be an integral part of the fisheries subsidies 
negotiations, taking into account the importance of this sector t o development priorities, poverty 
reduction, and livelihood and food security concerns";  
 
Recognizing the efforts made by the United Nations Food and Agricultural Organization (FAO) in 
combating IUU fishing, including the International Plan of Action to Pr event, Deter and Eliminate 
Illegal, Unreported and Unregulated Fishing (IPOA -IUU);]  
  TN/RL/W/274/Rev.6  
 
- 4 - 
 
  ARTICLE 1: DEFINITIO NS 
For the purpose of this [instrument],  
"[fishing] vessel" means any vessel, ship or other type of boat used for, equipped to be used for, or 
intend ed to be used for [commercial] fishing or fishing related activities [at sea] [and/or the 
definition for fishing vessel as applied in a Member's national laws];  
 
"fishing" means [any activity, other than scientific research conducted by a scientific resear ch vessel, 
that involves the catching, taking, or harvesting of [commercial living marine resources including] 
fish[, molluscs [and] crustaceans] [and aquatic plants]; or any attempt to do so; or any activity that 
can reasonably be expected to result in th e catching, taking, or harvesting of fish [and any operations 
at sea in support of it].] [ searching for, attracting, locating, catching, taking [or harvesting] 
[commercial living marine resources including] fish[, molluscs [and] crustaceans]  [and aquatic 
plants] or any activity which can reasonably be expected to result in the attracting, locating, 
catching, taking [or harvesting of] fish [ and shall be confined to wild marine [capture ] [fishing] ]];  
 
 ["fishing [related] activities" means any operation in support of, or in preparation for, fishing , 
including the landing, packaging, processing [ of fish at sea] , transhipping or transporting of fish 
[that have not been previously landed at port], as well as the provisioning of personnel, fuel, gear 
and [other supplies ] [at sea  [except research activities] ] [for the purpose of fishing] ;] 
 
["operator" includes any person or enterprise involved in the operation, management or ownership 
of a [fishing] vessel; ] ["operator" means any person or enterprise  that owns or controls the operation 
or [management] of a [fishing] vessel];  
 
"Illegal, unreported and unregulated fishing (IUU)" [has the same meaning as]  [shall be interpreted 
in accordance with the definition s et out in] paragraph 3 of the International Plan of Action to 
Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing of the UN Food and 
Agricultural Organization (FAO) [2001] [, a s well as any modifications to, or replacements of, this 
instrument,] [ shall be defined in accordance with Annex I  of this instrument [and as implemented 
under national laws and regulations ]. National and RFMO IUU lists, established in accordance with 
due process mechanisms, may be taken into account];  
 
"overfishe d stock" [is where [the biomass of] a fish stock is at such a low level that mortality from 
fishing needs to be [restricted ] [adjusted]  to allow the stock to rebuild to a level that produces 
maximum sustainable yield or alternative reference points based o n the [best] scientific evidence 
available] [to the Member within its jurisdiction or to the relevant RFMO  [within its convention area] 
[by the RFMO in consultation with the Member]] . In the cases of straddling and highly migratory fish 
stocks, shared amon g Members, the evaluation related to the fish stocks in the fishery for which the 
subsidy is provided shall be made pursuant cooperation [and agreement] of the Members involved];  
 
[As] [Fish stocks that are] [in an overfished condition are those] recognize d as [such] overfished by 
the [national authorities of the Member] [national jurisdiction where the fishing is taking place] or 
by a relevant Regional Fisheries Management Organization [or Arrangement] [within its convention 
area] [and in consultation with  the Member] [based on best scientific evidence available to them;] 
[shall also be considered overfished]; ] 
 
["subsistence fishing" means fishing activities undertaken by an individual household for 
consumption by the members of that household and kin of t he fishers as opposed to fishing activities 
undertaken for commercial purposes. Nevertheless, part of the fish caught can be sold or exchanged 
for other goods or services;]  
 
["artisanal fisheries" shall be defined as those which operate within its territor ial waters and mostly 
close to shore, use vessels which utilize primarily manual gear, and operated by individual fishermen 
or family members [for the purpose of subsistence or local trade ];] 
["small -scale fisheries" activities shall be defined as fishing activities which us e vessels that are 
below [24 meters ] in length  [and/or [x] tonnage,] [provided the said limit is codified either in toto 
or in essence in the national laws or regulations of a Member at the time of adoption of this 
instrument]. [ The size  limitation refers to Harmonized definition in Conservation Management 
Measures (CMM) IOTC, concerning authorized fishing vessel, April 2016 ];] TN/RL/W/274/Rev.6  
 
- 5 - 
 
  ["small -scale [and] artisanal] [fishers"] [fisheries"] ["[semi-industrial, commercial, or ] subsistence 
fishing"]  [should be interpreted and applied] [shall be  defined] [in accordance with  the [existing]  
laws and  [/or] regulations] [of a Member at the time of adoption of this instrument] ] [of the Member 
concerned] [ and the international agreements] [to which the Memb ers are party.] [entered into by 
the coastal State,] [taking into account the "Voluntary Guidelines for Securing Sustainable Small -
Scale Fisheries in the Context of Food Security and Poverty Eradication" of the FAO (the SSF 
Guidelines)]  
 
["large -scale industrial fishing" means fishing that is not semi -industrial, small -scale commercial, 
artisanal, or subsistence fishing [, in accordance with national laws and regulations] ;]  
["inland fisheries" refers to fisheries carried out in freshwater or estuaries of a Member [as defined 
by the national laws and regulations] [and whose target species are those that spend all of their life -
cycle therein] [or marine lagoons located inside the territory of a Member and/or connected to the 
points into sea];]  
["aquacultu re" means the farming of aquatic organisms, including fish, molluscs [and] crustaceans, 
[and aquatic plants] [as defined by the national laws and regulations] [provided that no capture 
fisheries are used to feed raised fish];]  
["exclusive economic zone (EE Z)" [is] [shall be] defined [by principles] [according to principles] 
[found in Part V of the United Nations Convention on the Law of the Sea. Where any Member is not 
party to UNCLOS, similar principles on the exclusive economic zone adopted in domestic le gislation 
may apply;]]  
  TN/RL/W/274/Rev.6  
 
- 6 - 
 
  ARTICLE 2: SCOPE  
2.1 [The instrument provides specific provisions regarding fisheries subsidies [and it is an integral 
part of the Agreement on Subsidies and Countervailing Measures (SCM Agreement) ].] 
 
2.2 This instrument applies [ exclusively] to subsidies within the meaning of Article 1.1 of the SCM 
Agreement [that are specific within the meaning of Article 2 of that Agreement], to [vessels  [, 
operators ] [, fishing or fishing [related] activities] [at sea] ] and shall be [confined][ applicable] to 
subsidies to [wild marine [capture] [fishing [or fishing [related] activities [at sea] ][1]][fisheries]. 
[Notwithstanding the scope of subsidies under Article 1.1 and Article 1.2 of the SCM Agreement, this 
instrument also covers other nature of subsidies or incentives benefiting fishing activities.]  
 
2.3 [For the purpose of this instrument, a subsidy shall be attributable to the Member granting it, 
regardless of  the flag of the vessel involved  [benefitting from the subsidy] [or  the application  of 
rules of origin to the fish involved.] ] 
 
2.4 This instrument shall not apply to:  
(a)  [subsidies for aquaculture ],  
(b)  [fuel [subsidies] [de -taxation schemes] ],  
(c)  [subsidies for inland fisheries ],  
(d)  [subsidies for recreational fishing],  
(e)  Subsidies for [natural] disaster relief [,provided that the subsidies are directly related 
to the effects of that disaster, are limited to the affected geographic area, are time -
limited, and in the case of reconstruction subsidies, only restore the affect ed area, the 
affected fishery,] [and/or the affected fleet to its pre -disaster state2], 
(f) [Subsidies for safety, research and development, and sustainability of stocks,  
[promoting sustainable fisheries]  the acquisition and installation of equipment for v essel 
and crew safety, [including for their sanitary compliance]  the adoption of techniques or 
technology aimed at reducing the environmental impact of wild marine capture (such 
as by catch reduction or turtle excluder devices) or for improving compliance with 
fisheries management regimes aimed at sustainable use and conservation (such as 
devices for vessel monitoring systems); and for increasing resilience or reducing 
vulnerability to climate change ], 
(g) [Subsidies for the installation of equipment for sa fety or for control and enforcement 
purposes, and equipment fitted for the purpose of reducing env ironmentally harmful 
emissions ], 
(h) [Subsidies  directly  resulting from agreements between WTO Members in which one 
party grants  access to its exclusive econo mic zone to fishing vessels of another party ]. 
2.5 [This instrument shall not [affect the claims ][apply to matters] concerning disputed waters [or 
zones ] of a Member]  [[have] [be interpreted as having] legal implications regarding territoriality [, 
sovereig nty] or delimit ation of maritime jurisdictions.]] [Nothing in the reports of panels or the 
Appellate Body in dispute settlement proceedings involving the interpretation and application of the 
disciplines set out in Article 3  of this instrument shall have any legal or prejudicial implications 
regarding territoriality or delimitation of maritime jurisdiction of Members. The positions taken by 
Members in dispute settlement proceedings involving these provisions are without preju dice to the 
positions taken by them in proceedings in other fora regarding territoriality or delimitation of 
maritime jurisdiction. [Any alleged [unsubsidized] IUU fishing activity involving disputes concerning 
                                                
[1 For fishing related activities, if an operator owns more than one vessel, the provisions of this instrument 
will apply only to the vessel that has benefited from the subsidy. ] 
2 [This provision shall not apply  to Article 3.2.]  TN/RL/W/274/Rev.6  
 
- 7 - 
 
  territoriality, sovereignty or maritime juris diction shall be excluded from the scope of this instrument 
and shall not constitute IUU fishing under this instrument.] ] 
2.6 [Any list of IUU fishing vessels, fish -stock assessment report or any technical report issued by a 
regional fisheries management o rganization shall only have effects for the purposes of the present 
instrument and its clauses and shall have no legal implications over territorial disputes or delimitation 
of maritime jurisdictions, or be interpreted as a change in the position of the pa rties involved in such 
disputes with regard to sovereignty or maritime jurisdiction, and cannot be invoked as recognition 
of such o rganizations on disputed areas. ] 
2.7 [Except as otherwise provided in this instrument, a Member does not thereby become bound  by 
measures or decisions of, or recognize, any regional fisheries management organiza tion of which it 
is not a Party. ] 
2.8 [Except for disciplines  regarding IUU fishing, [and as otherwise provided in this instrument] in 
waters under national jurisdiction [in the EEZ] of a Member, disciplines of this instrument shall not 
be construed or applied in a manner that would prevent  Members from applying measures to ensure 
small -scale [and] artisanal fishers [fishers which are not conducting large -scale industrial fishing] to 
acces s [or that would prevent small -scale [and] artisanal fishers from accessing] marine resources 
and markets, provided that their fisheries have a fisheries management3 system, adapted as 
necessary to their particular situation, in the light of their respective capacities .] 
2.9 [Nothing in this instrument shall be construed or applied in a manner which will affect the rights 
of landlocked country Members under public international law.]  
2.10 [Nothing in this instrument shall be construed or ap plied in a manner which will affect the rights 
of any Member when it is not part of some international treaties mentioned in this instrument.]  
  
                                                
3 Fisheries management shall be defined and implemented in accordance to national legislation, taking 
into account the FAO Code of Conduct for Responsible Fisheries.  TN/RL/W/274/Rev.6  
 
- 8 - 
 
  ARTICLE 3: PROHIBITE D SUBSIDIES  
3.1  No Member shall grant or maintain any of the subsidies set out in paragraphs 2, 3, 4, 7 and  8 
within the meaning of Article 1.1 of the SCM  Agreement [that are specific within the meaning of 
Article 2 of that Agreement]  [to vessels, operators], [fishing or fishing activities].  
Illegal, Unreported and Unregulated (IUU) fis hing 
3.2  Subsidies [provided to] [granted to] a fishing [vessel, [regardless of the flag of the vessel 
involved,] or operator] engaged in IUU fishing,  
[ALT1:  including those]  
[ALT2:  [as] [while]]  
[identified by,] determined by, or listed in an IUU fishing  list4 of:  
(a) a Member in respect of vessels flying its flag [in accordance with its law] [in accordance 
with its domestic laws, regulations and administrative procedures]. [When the flag 
Member and the subsidizing Member are not the same, the fishing vessel concerned 
shall be notified to the subsidizing Member, and [the determination shall be] verified by 
the subsidizing Member [in accordance with its law.] [in accordance with its domestic 
laws, regulations and administrative procedures.]  
(b) a subsidi zing Member [in accordance with its domestic laws, regulations and 
administrative procedures].  
(c) a Member in respect of foreign -flagged vessels found fishing in waters under its 
jurisdiction. In this case, a subsidizing Member shall, upon request by that  Member [or 
on its own initiative,] [recognize] [take into account, as appropriate] this determination 
provided that the subsidizing Member promptly [verifies] [the determination] 
[determines], [in accordance with its law] [in  accordance with its domestic laws, 
regulations and administrative procedures], [and] that the [relevant] international law 
and principles of non -discrimination, due process, [including a procedure for appeal or 
review,] and transparency were respected in making that determination.  
ALT: a Member in respect of foreign -flagged vessels fishing in its waters, provided that 
the subsidizing Member promptly [verifies] [determines], [in accordance with its law] 
[in accordance with its domestic laws, regulations and administrative procedures], t hat 
the Member followed fair, transparent, and non -discriminatory procedures and acted in 
conformity with [international law] in making its determination [based on positive 
evidence].  
(d) a Regional Fisheries Management Organization [or Arrangement] [inclu ding those 
organizations [or arrangements] of which Members are not Party], provided that the 
subsidizing Member promptly [investigates and] [verifies] [determines], [in accordance 
with its law] [in accordance with its domestic laws, regulations and admini strative 
procedures], that the [vessel/operator] concerned has been listed [based on positive 
evidence] in accordance with the rules and procedures of that organization [or 
arrangement] [including a procedure for appeal or review] and in conformity with 
international law applicable to the subsidizing Member and those organizations [or 
arrangements] are in conformity with [FAO IPOA -IUU,] principles of non -discrimination, 
openness to all WTO Members, due process and transparency. [Provided, however, that 
in the case of fishing in waters under the national jurisdiction of a subsidizing Member, 
such determinations shall be made by the national authority of the subsidizing 
Member.]5 
                                                
4 For the purposes of paragraphs (a) and (b), each Member maintains the right to determine what 
constitutes such [identification,] determination, or listing of IUU fishing [based on paragraph 3 of IPOA -IUU].  
5 [For the purpose of this instrument, Regional Fisheries Management Organizations sh all be recognized 
by the FAO before XX -XX-201X, and incorporated as Annex X  of this instrument .]. TN/RL/W/274/Rev.6  
 
- 9 - 
 
  [ALT: a Regional Fisheries Management Organization [or Arrangement] in accordance  
with the rules and procedures of that organization [or arrangement] and in conformity 
with international law.] [including verification mechanisms to enable Members that are 
not a party to those organizations [or arrangements] to engage in the listing proc ess 
under the rules of procedure] [;  and, if the subsidizing Member is not a party to a 
Regional Fisheries Management Organization [or Arrangement], provided that [it 
promptly verifies that] that organization [or arrangement] is in conformity with [FAO 
IPOA-IUU,] principles of non -discrimination, openness to all WTO Members, due process 
and transparency.]  
(e) [the FAO [subject to its recognition by the SCM committee.]]  
 
 
Overfished Discipline (to replace 3.6 -3.9) 
3.3 Subsidies for fishing [and fishing relat ed activities] [outside the territorial sea] [of] / [that 
negatively affect] [targeted] fish stocks that are in an overfished condition.  
3.3.1 [The negative effect of such subsidies shall be determined] [by the subsidizing Member] 
based on the [best] scien tific evidence [available to] [recognized by] [that Member.] [This 
determination shall take into account the implementation of management measures designed 
to rebuild the concerned stocks, adapted as necessary to the particular situation of the 
fisheries i n question.]]   
3.3.2 [A fish stock is overfished if  
[A it has not been assessed or has been assessed to be in an overfished condition.]  
[Members shall exercise due restraint when granting subsidies to vessels or operators that 
target unassessed stocks. Any  Member can challenge a subsidy granted to vessels or operators 
that target unassessed stocks if it provides positive evidence that an unassessed stock is 
overfished.]  
[B ALT1:  it is recognized as such by the Member in whose [national jurisdiction] [EEZ] t he 
fishing is taking place or by a Regional Fisheries Management Organization [or Arrangement] 
based on [best] scientific evidence available to [and recognized by] them.]  
[B ALT2: the stock is at such a low level that mortality from fishing needs to be [restricted] 
to allow the stock to rebuild to a level that produces maximum sustainable yield or 
[alternative] reference points based on the [best] scientific evidence [available]. Fish stocks 
that are recognized as overfished by the national jurisdiction where the fishing is taking place 
or by a relevant fisheries management organization [or arrangement] shall also be considered 
overfished.]  
[B ALT2 bis: the stock is at such a low level that mortality from fishing needs to be [restricted] 
to allow the stock  to rebuild to a level that produces maximum sustainable yield or 
[alternative] reference points based on the [best] scientific evidence [available] and with no 
effective management plan in place. Fish stocks that are recognized as overfished by the 
nation al jurisdiction where the fishing is taking place or by a relevant fisheries management 
organization [or arrangement] shall be considered overfished.]  
[B ALT3: the stock is at such a low level that mortality from fishing needs to be [restricted] 
to allow t he stock to rebuild to a level that produces maximum sustainable yield or 
[alternative] reference points based on the [best] scientific evidence available [to the Member 
within its jurisdiction or to the relevant RFMO [or Arrangement]], [as recognized by t he 
national jurisdiction where the fishing is taking place or by the relevant fisheries management 
organization [or  arrangement.]]  
[The determination by an RFMO [or Arrangement], shall be made after examination of the 
objections, if any, of the Member conc erned].  TN/RL/W/274/Rev.6  
 
- 10 - 
 
  [In the cases of straddling and highly migratory fish stocks, shared among Members, the 
evaluation related to the fish stocks in the fishery for which the subsidy is provided shall be 
made pursuant cooperation of the Members involved.]  
C ALT 1 [In  the absence of sufficient data to make such a determination, the stock shall be 
presumed to be in an overfished condition.]  
C ALT 2 [In the absence of scientific evidence to make such a determination due to a lack of 
capacity, this paragraph does not appl y until the Member acquires the capacity to conduct 
stock assessments.]  
3.4.  [Subsidies [to vessels or operators fishing] [in connection with fishing and fishing related 
activities]  in areas beyond national jurisdictions which are not aimed to fulfill a q uota or a right 
established by a RFMO [or Arrangement].]  
3.4  ALT [Subsidies [to vessels or operators fishing] [in connection with fishing and fishing related 
activities]  in areas beyond national jurisdictions which are not aimed to fulfill a quota or a ri ght 
established by a RFMO [or Arrangement] and which negatively affect targeted fish stocks that are 
in an overfished condition].  
3.5  [Notwithstanding the provisions of Article 3.x , above, nothing in this instrument shall be 
construed to prohibit subsidie s to fishing vessels, fishing or fishing activity in respect of fish stocks 
that are not overfished, provided that other fish stocks in an overfished condition situated in the 
same [geographical area/jurisdiction] are not targeted. ] 
3.6.  [Illustrative lis t of subsidies that do not negatively affect targeted fish stocks that are in an 
overfished condition:  
(a) subsidies that improve fishery management systems and [thus] promote sustainable 
fisheries including subsidies for research and development activitie s; 
(b) subsidies that improve hygiene, health, safety and working conditions for fishers;  
(c) subsidies aiming at improving the concerned Member's capacity to fight against IUU 
fishing;  
(d) subsidies for [permanent] cessation of fishing activities provided  that the fishers [or 
fishing vessels] concerned effectively cease all fishing activities within a reasonable 
timeframe after receiving the subsidy concerned.]  
(e) [subsidy programmes of Members aimed to fulfill a quota or a right established by a 
RFMO]  
[Overcapacity] [Capacity enhancing subsidies]6 and Overfishing [to replace 3.10 -3.15 of 
the room document]  
3.7  Subsidies : 
(a)  [that increase [or allow to be maintained] the [marine fishing capacity] of [a fishing 
vessel] [or a fishing fleet of vessels][the total marine fishing capacity of the whole 
fishing fleet of vessels of a Member] [including fleet renewal programmes];]  
(b) [that support the acquisition of [machines and ] equipment for fishing vessels [(including 
fishing gear and engine, fish -processing machinery, fish -finding technology, 
[refrigerators,] [or] machine for sorting or cleaning fish) ] [or any other equipment 
                                                
6 [Disciplines related to  overcapacity shall be limited  to areas beyond national jurisdiction and shall not 
cover subsidy programs of Members aimed to fulfill  a quota or a right established by a RFMO. ] TN/RL/W/274/Rev.6  
 
- 11 - 
 
  on-board the fishing vessel ] that increases [or maintains] the ability of [a fishing 
vessel][or a fishing fleet of vessels] to find fish ;] 
(c) [that support the [construction, ] [acquisition ] [modernization, renovation, modification, 
repair, upgrading] [renewal ,] of [existing] fishing vessels; ] 
(d) [that support the importation or transfer of fishing vessels] [including through the 
creation of joint ventures with partners of those countries ;] 
(e) [within the meaning of Art. 1.1 of the SCM Agreement, for provision or use of fuel or 
schemes which can reasonably be expected to result in the provision or use of fuel, 
which benefit the fisheries sector. ] 
(f) for [operational costs to fishing vessels and fishing related activities ] [, including] 
licence fees or  similar charges, fuel, ice, bait, personnel, income support, price support, 
social charges, insurance, and at -sea support; or operating losses of such vessels or 
activities . 
(g) [that e nhanc e the capacity of large scale industrial fishing activities outsi de of the 
subsidizing Member's maritime jurisdiction .] 
3.8  [Subsidies [to vessels or operators fishing ] [in connection with fishing and fishing related 
activities ] in areas beyond national jurisdictions which are not aimed to fulfill a quota or a right 
established by a RFMO ] [and which negatively affect targeted fish stocks that are in an overfished 
condition] .]  
3.8  ALT [Subsidies [to vessels or operators fishing] [ in connection with fishing or fishing  related 
activities ] in areas beyond the national jur isdiction of the subsidizing Member;]  [and which 
negatively affect targeted fish stocks that are in an overfished condition.]  
3.9  [Notwithstanding the provisions of Article 3.x , above, nothing in this instrument shall be 
construed to prohibit subsidies to  fishing vessels, fishing or fishing activity in respect of fish stocks 
that are not overfished, provided that other fish stocks in an overfished condition situated in the 
same [geographical area/jurisdiction] are not targeted. ] 
 
[Prohibited Subsidies – Other Provisions]  
3.10  [A Member shall not provide subsidies to fishing and related activities in waters and areas 
that are claimed by more than one Member at the time of this Decision, unless the Members involved 
have agreed inter se  to do so through a j oint notification to the WTO. For purposes of this provision, 
the Members shall cease from providing subsidies not later than [2020].]  
 
Note regarding placement and titling of Article 3.10: Placement and titling of this provision are for 
ease of understand ing and are without prejudice to the proper placement and titling, the position of 
any Member, or the outcome.  
  TN/RL/W/274/Rev.6  
 
- 12 - 
 
  [ARTICLE 4: STANDSTI LL 
In relation to subsidies that are not prohibited by Article 3, each Member shall refrain from 
introducing new, or exten ding or enhancing existing, subsidies within the meaning of Article 1.1 of 
the SCM Agreement, to the extent they are specific within the mea ning of Article 2 of the 
SCM Agreement, that contribute to overfishing or overcapacity.]  
  TN/RL/W/274/Rev.6  
 
- 13 - 
 
  ARTICLE 5: SPECIAL AND DIFFERENTIAL TREATME NT 
Transitional Arrangements  
5.1 [No Member shall be obliged to apply Article 3 of this instrument before the expiry of a period 
of one year after entry into force of this instrument. [A Member  may grant or maintain subsidies set 
out in [Article 3.77] during a transitional period of [X] years following the entry into force of this 
instrument, provided that the vessel benefitting from the subsidy does not target fish stocks that 
are in an overfis hed condition.8] [Existing subsidy programmes which are inconsistent with Article 3  
shall be brought into conformity by 2020.]  
 
5.2 [Developed Members shall not be obliged to apply Article 3 of this instrument before the expiry 
of a period of [x] year[s] a fter entry into force of this instrument.] [Developing countries are entitled 
to a [further] delay of [x] years, and LDCs are entitled to a [further]  [x] years [ a] delay of [x]years, 
after entry into force of this instrument .] [In the case of LDCs having graduated from LDC status 
before the entry into force or during the transition period, these Members are entitled to utilise the 
remaining period of delay provided for LDCs.]  
 
5.3 [A Member may grant or maintain subsidies set out in Article 3.7 during a tr ansitional period of 
[X] years following the entry into force of this instrument, provided that the vessel benefitting from 
the subsidy does not target fish stocks that are in an overfished condition.]  
Special and Differential Treatment  
LDCs 
 
5.4 [Prohibitions other than those outlined in Articles 3.2 and 3.3  above shall not apply to LDC 
Members.]  
 
Unreported and Unregulated Fishing  
 
5.5 [With respect to Article 3.2, in order to establish measures against unreported and 
unregulated fishing, after t he period stipulated in Article 5.2, developing countries [except for their] 
[not engaged in] large scale industrial distant -water fishing are entitled to apply [x] additional years 
[year]  and LDCs [x] additional years of transition period, [except for ill egal fishing] [to enable them 
to establish reporting mechanism and regulations through implementing Article 5.15]. [ In the case 
of LDCs having graduated from LDC status before the entry into force or during the transition period, 
these Members are entitled  to utilise the remaining period of delay provided for LDCs.] ] 
 
5.5bis  [Developing Members and LDCs declaring difficulties on small scale, artisanal and/or 
subsistence fishing shall have [X] years of transition period in implementing the disciplines relat ed 
to unreported and unregulated aspects of such small scale, artisanal and/or subsistence fishing 
under Article 3.2.  
 
5.5bis.1 For developing Members and LDCs making such declaration as set out in  
Article 5.5 bis, if it receives the notification from a rel evant flag Member or RFMO that its vessel is 
engaged in unreported or unregulated fishing, and if the unreported or unregulated fishing activity 
concerned has been determined in accordance with Article 3.2, the developing Member or LDC 
concerned shall ende avor to implement Article 3.2.]  
 
5.5ter [The prohibition under Article  3.2 in respect of unreported and unregulated fishing shall not 
apply to developing countries including LDCs for fishing activities:  
(a) In waters under the jurisdiction, including in th e EEZ, of the  subsidizing Member; and  
 
                                                
7 [Capacity -enhancing subsidies].  
8 As recognised as overfished by the national authorities of a Member or by the relevant Regional Fisheries 
Management Organisation or Arrangement. In the absence of sufficient d ata to make such a determination, the 
stock shall be presumed to be in an overfished condition.  TN/RL/W/274/Rev.6  
 
- 14 - 
 
  (b) In areas beyond the EEZ of such Member, for a transitional period of [X] years from the 
date of entry into force of the instrument .] 
 
Overfished Stocks Prohibitions  
 
5.6 [Article 3.3  shall not app ly to fishing occurring within [ their territorial waters ] [the EEZ] of 
developing countries and LDCs . [In respect of fishing activities in high seas beyond the EEZ, such 
Members shall be entitled to a period of [X] years, after entry into force of this instrument , to 
withdraw any subsidy for fish stocks that have been identified, based on positive evidence, as being 
in an overfished condition by an RFMO of which such developing country is a Member. ]] 
 
Overfishing and Overcapacity  
 
5.7 [Nothing in Article 3.7 shall preven t a developing country Member from maintaining or 
granting subsidies to the following activities conducted in accordance with the principle of protection 
and preservation of fisheries resources defined under Article 61 and 62 of the United Nations 
Conferen ce on the Law of the Sea Treaty (UNCLOS):] [or where any Member is not party to UNCLOS, 
similar principles on protection and preservation of fisheries resources adopted in domestic 
legislation may apply: ] 
 
5.8 [Notwithstanding the provisions of Article 3.7 regarding overfishing, overcapacity, and 
capacity enhancing subsidies, developing countries and LDCs shall be allowed to provide subsidies 
for;] [Except for the prohibited subsidies related to IUU Fishing, developing and least developed 
countries’ members  shall be allowed to grant or maintain fisheries subsidies  to their:]  
 
(a) [subsistence fishing9;] 
 
(b) [artisanal fisheries10 activities;]  
 
(c) [Fishing activities related exclusively to artisanal and small scale fisheries11 or the 
subsistence and livelihoo d of the fishermen and their families;]  
 
(d) [small -scale fisheries activities12;] 
 
(e) [Fishing activities, which exclusively exploit fish stocks within th e economic exclusive 
zone (EEZ)13 of the Member granting the subsidy; ] [fishing and fishing activity within 
their own EEZ14;] 
 
(f) [Fishing or fishing related activities provided that the purpose is to exploit 
underexploited resources in the member's own Economic Exclusive Zone; and  
(g) Fishing or fishing related activities provided that the purpose is to exploit rights held by 
the member in high seas fishing quotas or any other rights established by a 
RFMO(s)/A(s)]  
 
                                                
9 The term "subsistence fishing"  refers to fishing activities undertaken by an individual household for 
consumption by the members of that household and kin of the fishers as opposed to fishing activities undertaken 
for commercial purposes. Nevertheless, part of the fish caught can be so ld or exchanged for other goods or 
services.  
10 For the purposes of this discipline, artisanal fisheries  shall be defined as those which operate within its 
territorial waters and mostly close to shore , use vessels which utilize primarily manual gear,  and op erated by 
individual fishermen or family members for the purpose of subsistence or local trade  
11 For the purpose of this instrument " artisanal and small scale fisheries " shall be defined in accordance 
with national laws and regulations and the internationa l agreements entered into by the coastal State, taking 
into account the "Voluntary Guidelines for Securing Sustainable Small -Scale Fisheries in the Context of Food 
Security and Poverty Eradication" of the FAO (The SSF Guidelines).  
12 For the purposes of thi s discipline , small-scale fisheries  activities shall be defined as  fishing activities 
which using vessels that are below [24 meters in length.  The size limitation  refers  to Harmonized definition in 
Conservation Management Measures (CMM) IOTC, concerning au thorized fishing vessel, April 2016. ] 
13 For the purpose of this instrument  "exclusive economic zone (EEZ)" shall be defined according to 
principles found in Part V of the United Nations Convention on the Law of the Sea. Where any Member is not 
party to UNC LOS, similar principles on the exclusive economic zone adopted in domestic legislation may apply . 
14 [Noting the rights, jurisdiction, and duties of coastal states among others, found under UNCLOS Part  V.] TN/RL/W/274/Rev.6  
 
- 15 - 
 
  5.9 [Developing and least developed countries may grant or maintain subsidies referred to under 
Article 3.7 if the following conditions are me t:  
  
(a) the vessel benefitting from the subsidy does not target fish stocks that are in an 
overfished condition; and  
 
(b) the targeted stocks are managed on the basis of the best available science at the 
disposal of the concerned Member, consistent with the conservation and cooperation 
obligations under  the relevant international law , as reflected in UNCLOS, conservation 
and management measures of competent RFMO(s)/A(s), and generally accepted 
standards for the conservation and management of fisheries res ources; and  
 
(c) the subsidizing Member has a management plan for the fleet segment it intends to 
subsidize.]  
 
[The flexibility  set out above  shall be reviewed in view of the objectives set out in UN 
Sustainable Development Goal 14.4 and 14.6 at the end of  the 10th year following the entry 
into force of this instrument .] 
 
5.10 [Fisheries subsidies which are not covered as subsidies to artisanal fisheries act ivities, shall 
be contingent on the following : 
 
(a) the member has a fishery management plan in place  that is effectively monitored and 
adequately enforced;  
 
(b) the fisheries do not adversely affect resources governed by the fisheries management 
plan; 
 
(c) the fishing activities will not adversely affect fishery resources of other members or 
the resources governed by relevant regional fisheries management organizations 
(RFMOs); and  
 
(d) the member has control mechanism on fisheries subsidies to avoid overfishing and 
overcapacity.]  
 
5.11 In order to bring any subsidy programs into conformity with t he obligations provided in this 
provision, developing and least -developed country Members, that at [the time of entry into 
force/adoption] of this instrument, have not completed; or, need to update  the information related 
to the status of the fish stocks i n the fishery for which the subsidy is provided, shall be granted with 
a period of time of [X] and [Y] years, respectively, after entry into force, subject to comply with the 
transparency section provided below in Article 6.X.  
 
5.12 [Developing countries r anking among the world's [X] biggest in terms of marine capture 
production as determined by the FAO shall endeavour to refrain from making use of the flexibilities 
set out in Article 5.9 .] 
 
5.13 In the case of developing country Members, [Article 3.7] shall only apply to [their large scale 
industrial fishing and] fishing activity outside of their own EEZ.15 
5.14 Prohibitions for capacity enhancing/overcapacity subsidies shall not apply to small and 
vulnerable economies.16 
                                                
15 [Noting the rights, jurisdiction, and duties of coastal states among others, found under UNCLOS Part  V.] 
16 [For the purpose of this paragraph a small and vulnerable economy shall be defined as a Member whose 
share of global total of wild marine capture for years 2013 to 2015 is not more than XX percent.]  TN/RL/W/274/Rev.6  
 
- 16 - 
 
  Technical Assistance and Capacity  Building  
 
5.15 [Upon request of a developing country or LDC Member] [and with reference to guidance 
provided by the UN Fish Stocks Agreement,] [Developed countries], [and developing countries in a 
position to do so] shall provide, [and relevant agencies a re invited to provide,] targeted technical 
assistance and capacity building [assistance] [on mutually agreed terms and conditions] to 
developing countries, in particular LDCs and small, vulnerable economies (SVEs) to:  
 
(a) address institutional and financi al difficulties faced by LDCs and developing countries 
[with constraints to implement this instrument ] [countries in the implementation of this 
instrument ]; 
 
(b) establish  reporting mechanisms and regulations to prevent unreported and unregulated 
fishing;  
 
(c) to allow them to participate fully in any RFMO adjacent to their exclusive economic zone 
or archipelagic waters;  
 
(d) to develop the capacity to initiate, implement, and enforce compliance with a fishery 
management plan in keeping with the FAO Code of  Conduct on Responsible Fisheries 
and adequate to provide the showing required by Articles 5.8 (d) and 5.8 (f) and (g)  of 
this instrument;  
 
(e) conduct  stock assessments;  
 
(f) conduct monitoring, control and surveillance of fish stocks; and  
 
(g) research a nd development]]  
 
5.15bis [Developed country Members shall endeavour to provide targeted technical assistance 
and capacity building for conducting stock assessment to developing country and LDC Members.]  
 
5.15ter [Technical and financial assistance and support for capacity building shall be provided 
to help developing and least -developed country Members acquire the necessary infrastructure and 
technical capacity for the conduct of effective stock assessments within their jurisdictions. The extent 
and the timing of implementation of Article 3.3  (prohibition of subsidies in overfished stocks)  shall 
be related to the implementation capacities of developing and least -developed country Members. 
Where a developing or least -developed country Member continues to lack the necessary capacity, it 
will not be required to comply with the provisions of Article 3.3  (prohibition of subsidies in overfished 
areas) until effective implementation capacity has been acquired.]  
 
5.16 [Membe rs agree to implement an effective scheme of cooperation to help developing and 
least-developed country Members to acquire capacity building in the form of technical assistance in 
order to fulfill their commitments. This scheme could include bilateral and regional cooperation as 
well as technical assistance from relevant international organizations. ]  
5.17 The provision of technical cooperation and capacity building under this instrument will be 
notified by providing Members and reviewed in the SCM Committe e. The WTO shall cooperate with 
FAO and UNCTAD in the provision of technical assistance under this Article.  
 
5.18 [The operationalization of disciplines on fisheries subsidies should not impede the ability 
developing countries and LDCs to develop and diver sify their fisheries sector.]  
 
Transparency  
 
5.19 [Notification requirements shall not be burdensome on developing countries with capacity 
constraints, especially LDCs.]  
 
5.20 [The notification requirements referred to under Article 6  shall not apply to LDC Members.]  
  TN/RL/W/274/Rev.6  
 
- 17 - 
 
  ARTICLE 6: NOTIFICAT ION AND [ TRANSPARENCY ] [SURVEILLANCE]  
6.1  Each Member shall provide the following information [as part of] [in addition to] its regular 
notifications [of fisheries subsidies] under Article 25.3 of the SCM Agreement  [to the extent that a 
Member is providing subsidies prohibited under Article 3  of this  instrument] : 
(a) [programme name , legal basis, and granting authority for the programme;]  
(b) [level and type] [amount and nature] of support provided ; 
(c) [type or kind  of marine fishing activity that the programme  supports];  
(d) [vessels and operators fishing in areas beyond national jurisdiction, for which the 
subsidy is granted];  
(e) [name of the recipient and, where known, name and identification number of the fishin g 
vessel];  
(f) [catch data [by species] in the fishery for which the subsidy is provided];  
(g) [status of the fish stocks in the fishery for which the subsidy is provided (i.e.,  overfished, 
fully fished, or underfished)];  
(h) [fleet capacity in the fishery for which the subsidy is provided];  
(i) [conservation and management measures in place for the [relevant] fish stock [for 
which the subsidy is provided]] [as well as any relevant fishing capacity management 
plans]; and  
(j) [total [imports and ] exports [per species ] [for which the subsidy is provided] ]. 
[Each Member shall [endeavor to] provide the information set out in subparagraphs [(c)][(d)][(f)] 
through (j) [to the extent possible][where available] [where relevant, and to the  extent 
practicable].]  
6.2  [Each Member [shall][may] also provide , [to the extent possible,] information in relation to 
other subsidies that the Member provides to [[persons engaged in] fishing [or fishing -related 
activities]] [the fisheries sector] that are not covered by Article 6.1 , in particular [aquaculture and] 
[fuel subsidies].]  
6.2  ALT [Notwithstanding [Article 2.2] / [Article 3.1] of this instrument, Members shall notify the 
information referred to in Article 6.1 with respect to non -specific subs idies for the provision or use 
of fuel or for schemes that can reasonably be expected to result in the provision or use of fuel, which 
benefit the fisheries sector.]  
6.3  [Nothing in this notification provision requires the provision of confidential information, 
including confidential business [and/or scientific] information. ] 
6.4  [Each Member shall provide to the SCM Committee, within [one year] of the date of entry into 
force of this instrument , a notification describing how it has implemented the prohibitions set out in 
Article  3. Each Member shall periodically update its notification in accordance with guidance to be 
established by the SCM Committee.]  
6.5  [Each [subsid izing] Member shall notify the SCM Committee on an [annual basis] of any list 
of vessels [and operators] that it has [identified] [determined] as having engaged in IUU fishing.]  
 
6.6  [In order to enable the effective surveillance of subsidies elimination  established in Article  3.2 
the SCM Committee shall, upon receipt, circulate communications from:  
 TN/RL/W/274/Rev.6  
 
- 18 - 
 
  (a) RFMOs  [17] informing a determination finding that a vessel or operator has engaged in 
IUU fishing activities in waters covered by such organization, and;  
(b) Members informing a determination finding that a vessel of a third country flag state 
has engaged in IUU fishing activities within waters under the national jurisdiction of the 
Member making the determination. ] 
6.X [Place -holder]  
 
 
  
                                                
17 [For the purpose of this instrument , Regional Fisherie s Management Organizations shall be recognized 
by the FAO before XX -XX-201X, and incorporated as Annex X  of this instrument .]  
 TN/RL/W/274/Rev.6  
 
- 19 - 
 
  ARTICLE 7 [TRANSI TIONAL PROVISIONS ] 
[No Member shall extend the scope of [any such programme] [ a programme inconsistent with this 
instrument ], nor shall such a programme be renewed upon its expiry] . 
ARTICLE  8 [INSTITUTIONAL ARRANG EMENTS ][18] 
8.1  [The SCM Committee [shall]  hold a [dedicated] [biennial] [review] [special session to evaluate 
the] of [Members'] [progress in the] [implementation of] [this instrument], [the agreed disciplines 
and make recommendations for their future improvements. ], [the nature and extent of Mem bers' 
subsidy programmes, and the related fish stock status, production and trade]. [This review shall be 
supported by a WTO Secretariat report based on Members' notifications complemented by relevant 
information provided by Members to the Secretariat and information from other international 
organizations.]  
8.2  [The Committee shall review the operation of this instrument  after three years, and 
periodically thereafter.]  
8.3  [The flexibility set out in Article 5.9  shall be reviewed in view of the objectives set out in 
UN Sustainable Development Goal 14 [target 4 and] target 6 at the end of the tenth year following 
the entry into force of this instrument .] 
[8.4  The Committee shall encourage and facilitate ad hoc con sultations or negotiations among 
Members on specific fisheries subsidies programs . The Committee shall develop a procedure to 
monitor the implementation of Article 3.2 , in particular with the objective of achieving consistency 
among Members in applying the  IUU prohibition.]  
 
[8.5  The Committee shall maintain close contact with the relevant international organizations in 
the field of fisheries management, especially with the Food and Agricul ture Organization of the 
United  Nations (FAO), and relevant Regiona l Fisheries Management Organizations  or Arrangements , 
with the objective of securing the best available scientific and technical advice for the administration 
of this i nstrument [and in order to ensure that unnecessary du plication of effort is avoided].]  
 
[8.6  In order to avoid unnecessary duplication, the Committee may decide to use the information 
generated by the procedures, particularly for notification, which are in operation in the relevant 
international organizations  [in consultation with those Memb ers having the information to be used] .] 
 
[8.7  The Committee may invite experts from the relevant [national , regional and] international 
organizations [including research and academic institutions] to examine specific matters with respect 
to a particular guidelines, recommendations or de cision. [The opinion of these experts is for 
reference only and not to be used as a legal document in a dispute settlement process .]] 
[8.8  For the purpose of this instrument , the Understanding on Rules and Procedures Gover ning the 
Settlement of Disputes shall not apply to any measure or situation having relevance to any [issue 
of] [dispute or claim involving]  territoriality, sovereignty or maritime jurisdiction  [if so decided by 
the Dispute Settlement Body or by a Ministeri al Conference by consensus] . 
 
8.8.1 Whenever any Member claims that there is a dispute under this instrument having any 
relevance to territoriality, sovereignty or maritime jurisdiction, the dispute proceeding 
concerned shall be automatically terminated immediately, [if so decided by the Dispute 
Settlement Body by consensus] [ unless the DSB decides by consensus o therwise ]. 
                                                
[18 The "claim/s" or "dispute/s"  involving territoriality, maritime jurisdiction, sovereignty and related 
issues over a specific fishing are a referred to under Article 2 and Article 8 of this instrument refers to the 
outstanding disputes or claims between and among WTO Members filed in and within the jurisdiction of either of 
the following: (a) the International Tribunal for the Law  of the sea; (b) the Inte rnational Court of Justice; (c)  and 
arbitral tribunal constituted in accordance with Annex VII I of UNCLOS; or (d) a special arbitral tribunal constituted 
in accordance with Annex VIII of UNCLOS" .] TN/RL/W/274/Rev.6  
 
- 20 - 
 
  8.8.2 [If so decided by a Ministerial Conference by consensus,] Articles 8.8 and 8.8.1 shall  be 
an integral part of the Understanding on Rules and Procedures Governing the Settlement 
of Disputes [.] [and] [ T][t]his instrument shall not enter into force unless Articles 8.8 
and 8.8.1 are incorporated into Appendix 2 Special or Additional Rules and Procedures 
Contained in the Covered Agreements of the Understanding on Rules and Procedures 
Governing the Settlement of Disputes .  
 
8.9  In order to [combat ][address subsidies that contribute to]  IUU fishing, the WTO is encouraged 
to increase its cooperation with the FAO and RFMOs  [and other arrangements] .]  
[8.10  WTO Members are encouraged to consider establishing [hotline] [open direc t communication] 
and cooperation agreements to prevent and deal with IUU fishing based on the principles of the 
UNCLOS 1982.]  
 
  TN/RL/W/274/Rev.6  
 
- 21 - 
 
  [ANNEX I  
A. Illegal fishing refers to activities:  
i. conducted by national or foreign vessels in waters under the jurisdiction of a S tate, 
without the permission of that State, or in contravention of its laws and regulations;  
ii. conducted by vessels flying the flag of States that are parties to a relevant regional 
fisheries management organization but operate in contravention of the co nservation 
and management measures adopted by that organization and by which the States are 
bound, or relevant provisions of the applicable international law; or  
iii. in violation of national laws or international obligations, including those undertaken b y 
cooperating States to a relevant regional fisheries management organization.  
B. Unreported fishing refers to fishing activities:  
i. which have not been reported, or have been misreported, to the relevant national 
authority, in contravention of national laws and regulations; or  
ii. undertaken in the area of competence of a relevant regional fisheries management 
organization which have not been reported or have been misreported, in contravention 
of the reporting procedures of that organization.  
C. Unregulated fishing refers to fishing activities:  
i. in the area of application of a relevant regional fisheries management organization that 
are conducted by vessels without nationality, or by those flying the flag of a State not 
party to that organization, or by a fishing entity, in a manner that is not consistent with 
or contravenes the conservation and management measures of that organizatio n; or  
ii. in areas or for fish stocks in relation to which there are no applicable conservation or 
management measures and where such fishing activities are conducted in a manner 
inconsistent with State responsibilities for the conservation of living mari ne resources 
under international law.  
D. Notwithstanding paragraph C, certain unregulated fishing may take place in a manner which 
is not in violation of applicable international law.]  
 
 
ANNEX X LIST OF RFMO S 
Place-holder  
 
 
__________