TN/RL/W/274/Rev.3  
 
18 May 2018  
(18-2979) Page: 1/14 
Negotiating Group on Rules    
 
FISHERIES SUBSIDIES  
WORKING DOCUMENTS ON : SCOPE; PROHIBITED SUBSIDIES  RELATING TO 
IUU FISHING, OVERFISHED STOCKS, OVERCAPACITY , CAPACITY -ENHANCING 
SUBSIDIES, AND OVERF ISHING; NOTIFICATION S AND TRANSPARENCY;  
AND SPECIAL AND DIFF ERENTIAL TREATMENT  
COMMUNICATION FROM T HE CHAIR  
Revision* 
The attached working documents have emerged from the i ntensive work in the Negotiating Group 
on Rules, based on the proposals contained in document RD/TN/RL/29/Rev.3. These working 
documents relate to scope, the proposed prohibitions on fisheries subsidies relating to IUU fishing, 
overfished stocks, overcapac ity, capacity -enhancing subsidies, and overfishing, and to provisions 
on notifications and transparency, and special and differential treatment, which are being 
considered in the Group.  
These working documents are the result of a collective effort by deleg ations, and represent an 
effort to develop working texts that could present with some degree of clarity the numerous 
issues, approaches, and views before the Group in these areas. Their purpose is to facilitate 
further work of the Group, and they can be ex pected to continue to evolve. They are of course 
entirely without prejudice to the position of any delegation.  
These documents cover only some of the many issues before the Group. For all remaining areas 
reflected in document RD/TN/RL/29/Rev.3 the Group wi ll need to continue its efforts, with a view 
to developing similar working texts and otherwise advancing its work.   
_______________  
 
  
                                               
* This Rev.3 is circulated exclusively to incorporate the new working document on scope. No changes 
have been made to the other texts as circulated in the Rev.2 version of this document.  TN/RL/W/274/Rev.3  
 
- 2 - 
 
  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 n ot apply to:  
- [subsidies for aquaculture ],  
- [fuel [subsidies] [de -taxation schemes] ],  
- [subsidies for inland fisheries ],  
- [subsidies for recreational fishing],  
- Subsidies for [n atural ] 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 affected area, the affected fishery,] 
[and/or the  affected fleet to its pre -disaster state2], 
- [Subsidies for safety, research and development, and sustainability of stocks,  [promoting 
sustainable fisheries]  the acquisition and installation of equipment for vessel 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 s ustainable use and conservation (such as devices for vessel monitoring 
systems); and for increasing resilience or reducing v ulnerability to climate change ],  
- [Subsidies for the installation of equipment for safety or for control and enforcement 
purposes,  and equipment fitted for the purpose of reducing env ironmentally harmful 
emissions ], 
- [Subsidies directly resulting from agreements between WTO Members in which one party 
grants access to its exclusive economic 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 [, 
sovereignty] 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 terr itoriality or delimitation of maritime jurisdiction of Members. The positions taken by 
Members in dispute settlement proceedings involving these provisions are without prejudice to the 
positions taken by them in proceedings in other fora regarding territor iality or delimitation of 
maritime jurisdiction. [Any alleged [unsubsidized] IUU fishing activity involving disputes 
concerning territoriality, sovereignty or maritime jurisdiction shall be excluded from the scope of 
this instrument and shall not constitut e IUU fishing under this instrument.] ] 
                                               
[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 disciplines for IUU fishing.]  TN/RL/W/274/Rev.3  
 
- 3 - 
 
  2.6 [Any list of IUU fishing vessels, fish -stock assessment report or any technical report issued by 
a regional fisheries management organization 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 parties 
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 organ ization 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 applied 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.3  
 
- 4 - 
 
  ARTICLE 3: PROHIBITE D SUBSIDIES  
No Member shall grant or maintain any of the following 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 activities]:  
Illegal, Unreported and Unregulated (IUU) fishing  
3.1 Subsidies [provided to] [granted to] a fishing [vessel, [regardless of the flag of the vessel 
involved,] or operato r] 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 Memb er [in 
accordance with its law.] [in accordance with its domestic laws, regulations and administrative 
procedures.]  
b) a subsidizing 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 subsidiz ing 
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 -discriminatio n, 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], that 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] [including those 
organizations [or arrangements] of which Members are not Party], provided that the 
subsidizing Member promptly [investi gates and] [verifies] [determines], [in accordance with its 
law] [in accordance with its domestic laws, regulations and administrative procedures], that 
the [vessel/operator] concerned has been listed [based on positive evidence] in accordance 
with the rul es 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 nat ional 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 Agreement, Regional Fisheries Management Organizations shall be recognized 
by the FAO before XX -XX-201X, and in corporated as Annex 1 of this Agreement.]  TN/RL/W/274/Rev.3  
 
- 5 - 
 
  [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 verific ation mechanisms to enable Members that are not a party 
to those organizations [or arrangements] to engage in the listing process 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.]]]  
  TN/RL/W/274/Rev.3  
 
- 6 - 
 
  OVERFISHED DISCIPLIN E (TO REPLACE 3.6 -3.9) 
3.6. Subsidies for fishing [and fishing related activities] [outside the territorial sea] [of] / [that 
negatively affect] [targeted] fish stocks that are in an overfished con dition.  
[The negative effect of such subsidies shall be determined] [by the subsidizing Member] based on 
the [best] scientific evidence [available to] [recognized by] [that Member.] [This determination 
shall take into account the implementation of manageme nt measures designed to rebuild the 
concerned stocks, adapted as necessary to the particular situation of the fisheries in question.]]   
[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 u nassessed 
stock is overfished.]  
[B ALT1:   it is recognized as such by the Member in whose [national jurisdiction] [EEZ] the 
fishing is taking place or by a Regional Fisheries Management Organization [or 
Arrangement] based on [best] scientific evidence avai lable 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 t he [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 
national 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 the stock to rebuild to a level that produces maximum sustainable yield or 
[alternative] reference points based on the [best] scientific ev idence available [to the 
Member within its jurisdiction or to the relevant RFMO [or Arrangement]], [as recognized by 
the national jurisdiction where the fishing is taking place or by the relevant fisheries 
management organization [or  arrangement.]]  
[The de termination by an RFMO [or Arrangement], shall be made after examination of the 
objections, if any, of the Member concerned].  
In the cases of straddling and highly migratory fish stocks, shared among Members, the evaluation 
related to the fish stocks in t he fishery for which the subsidy is provided shall be made pursuant 
cooperation of the Members involved.]  
3.X [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. ] 
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.]  TN/RL/W/274/Rev.3  
 
- 7 - 
 
  C ALT 2 [In the absence of scientific evidence to make such a determination due to a lack of 
capacity, this paragraph does not apply until the Member acquires the ca pacity to conduct stock 
assessments.]  
3.7. [ 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 RF MO [or Arrangement].]  
3.7. 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 right 
established by a RFMO [or Arran gement] and which negatively affect targeted fish stocks that are 
in an overfished condition].  
3.8. [Illustrative list of subsidies that do not negatively affect targeted fish stocks that are in an 
overfished condition:  
(a) subsidies that improve fishery m anagement systems and [thus] promote sustainable 
fisheries including subsidies for research and development activities;  
(b) subsidies that improve hygiene, health, safety and working conditions for fishers;  
(c) subsidies aiming at improving the concerned M ember'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]  
 
 
  TN/RL/W/274/Rev.3  
 
- 8 - 
 
  [Overcapacity] [Capacity enhancing subsidies]6 and Overfishing [to replace 3.10 -3.15 of 
the room document]  
[3.11 Subsidies : 
i. [that increase [or allow to be maintain ed] 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];]   
ii. [that sup port 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 on -
board the fishing vessel ] that increases [or maintains] the ability of [a fishing vessel][or a 
fishing fleet of vessels] to find fish ;] 
iii. [that support the [construction, ] [acquisition ] [modernization, renovation, modification, 
repair, upgrading] [renewal,] of [existi ng] fishing vessels; ] 
iv. [that support the importation or transfer of fishing vessels] [including through the creation 
of joint ventures with partners of those countries ;] 
v.  [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. ]  
vi. for [operational costs to fishing vessels and fishing related activities ] [, including] licence 
fees or similar charges, fuel, ice, ba it, personnel, income support, price support, social 
charges, insurance, and at -sea support; or operating losses of such vessels or activities . 
vii. [that e nhanc e the capacity of large scale industrial fishing activities outside of the 
subsidizing Member's maritime jurisdiction .] 
3.12 [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] .]  
3.12 ALT [Subsidies [to vessels or operators fishing] [ in connection with fishing or fishing  related 
activities ] in areas beyond the national jurisdiction of the subsidizing Me mber;]  [and which 
negatively affect targeted fish stocks that are in an overfished condition.]  
3.13 [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. ] 
  
                                               
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.3  
 
- 9 - 
 
  Article 6: Notification and [ Transparency ] [Surveillan ce] 
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 X 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 an d 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 
fishing vessel];  
f) [catch data [by species] in the fishery for which the subsid y 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 t o] 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 paragraph 6.1, in particular [aquaculture 
and] [fuel subsidies].]  
6.2 ALT [Notwithstandin g [Article 2.3] / [chapeau of Article 3] of this instrument, Members shall 
notify the information referred to in Article 6.1 with respect to non -specific subsidies 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. ] 
  TN/RL/W/274/Rev.3  
 
- 10 - 
 
  6.4 [Each Member shall provide to the SCM Committee, within [one year ] of the date of entry into 
force of this Agreement , a notification describing how it has implemented the prohibitions set out 
in Article  XX. Each Member shall periodically update its notifica tion in accordance with guidance to 
be established by the SCM Committee.]  
6.5 [Each [subsidizing]  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 I UU fishing .]  
 
6.6 [In order to enable the effective surveillance of subsidies elimination established in 
Article  3.1.1 the SCM Committee shall , upon receipt, circulate  communications from:  
 
a. RFMOs  [7] 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 jur isdiction of 
the Member making the determination. ] 
 
 
  
                                               
7 [For the p urpose of this Agreement, Regional Fisheries Management Organizations shall be recognized 
by the FAO before XX -XX-201X, and incorporated as Annex 1 of this Agreement. ] TN/RL/W/274/Rev.3  
 
- 11 - 
 
  SPECIAL AND DIFFEREN TIAL TREATMENT  
TRANSITIONAL ARRANGEMENTS  
 
[No Member sha ll be obliged to apply Article 3  of this Agreement before the expiry of a period of 
one year after entry i nto force of this Agreement. [The Parties may grant or maintain subsidies set 
out in [Article 1.18] during a transitional period of [X] years following the entry into force of this 
Agreement, provided that the vessel benefitting from the subsidy does not t arget fish stocks that 
are in an overfished condition.9] [Existing subsidy programmes which  are inconsistent with 
Articles  1.2-1.4 shall be b rought into conformity by 2020. ] 
 
[Developed Members shall not be obliged to apply Article 3 of this Agreement befo re the expiry of 
a period of [x] year[s] after entry into force of this Agreement. ]  [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 Agreement. ] [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 provide d for LDCs .] 
 
[A Member may grant or maintain subsidies set out in Article 3.11 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 t hat are in an overfished condition.]  
 
SPECIAL AND DIFFERENTIAL TREATMENT  
 
LDCs  
 
5.1 [Prohibitions other than those outlined in Articles 3.1, [3.5] and 3.6 above shall not apply to 
LDCs Members.]  
 
Unreported and Unregulated Fishing  
 
5.2 [With respect to Article 3.1, in order to establish measures against unreported and 
unregulated fishing, after the period stipulated in Article 7.1,  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 illegal 
fishing ] [to enable them to establish reporting mechanism and regulations through implementing 
Article 5.12] . [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 .]] 
 
5.2bis [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 related 
to unreported and unregulated aspects of such small scale, artisanal and/or subsistence fishing 
under Article 1.1.  
 
For developing Members and LDCs making such  declaration as set out in Article 2.1, if it receives 
the notification from a relevant 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 1.3, the developing Member or LDC concerned shall 
endeavor to implement Article 1.1.]  
 
5.2ter [The prohibition under Art. 3.1 in respect of unreported and unregulated fishing shall not 
apply to developing countries includ ing LDC s for fishing activities:  
 
a. In waters under the jurisdiction, including in the EEZ, of the subsidizing Member; and  
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 Agreement.]  
                                               
8 [Capacity -enhancing subsidies].  
9 As recognised as overfished by the national authorit ies of the Party or by the relevant Regional 
Fisheries Management Organisation or Arrangement. In the absence of sufficient data to make such a 
determination, the stock shall be presumed to be in an overfished condition.  TN/RL/W/274/Rev.3  
 
- 12 - 
 
  Overfished  Stocks Prohibitions  
 
[This prohibition 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 pe riod of [X] years, after entry into force of this Agreement, 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  
 
5.3 [Nothing in Article [3.10], [3.12] and [3.13] shall prevent a developing country Member 
from maintaining or granting subsidies to the following activities conducted in accordance with the 
principle of protection and preser vation of fisheries resources defined under Article 61 and 62 of 
the United Nations Conference 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:  
 
[Notwithstanding the provisions of Article s [X] regarding overfishing, overcapacity, and capacity 
enhancing subsidies, developing countries and LDCs shall be allowed to provide subsidies for;]  
[Except for the prohib ited subsidies related to IUU Fishing, developing and least developed 
countries’ members  shall be allowed to grant or maintain fisheries subsidies to  their:] 
 
 [subsistence fishing10;] 
 [artisanal fisheries11 activities;]  
 [Fishing activities related exclusively to artisanal and small scale fisheries12 or the subsistence 
and livelihood of the fishermen and their families;]  
 [small -scale fisheries activities13;] 
 [Fishing activities, which exclusively exploit fish stocks within t he economic exclusive zone 
(EEZ) 14of the Member granting the subsidy; ] [fishing and fishing activity within their own 
EEZ15;] 
 [Fishing or fishing related activities provided that the purpose is to exploit underexploited 
resources in the member's own Econom ic Exclusive Zone; and  
 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)]  
 
5.4 [Developing and least developed countries may grant or maintain subsidies referred to 
under Articles 3.11 and 3.13 if the following conditions are met:  
 
 the vessel benefitting from the subsidy does not target fish stocks that are in an overfished 
conditio n ; and  
 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, conserva tion and management measures 
                                               
10 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 sold or exchanged for other 
goods or services.  
11 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 operated by 
individual fishermen or family members for the purpose of subsistence or local trade  
12 For the purpose of this Agreement " artisanal and small scale fisheries " shall be defined in accordance 
with national laws and regulations and the intern ational 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).  
13 For the purposes of this 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, concern ing authorized fishing vessel, April 2016. ]] 
14 For the purpose of this Agreements "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 UNCLOS, similar principles on the exclusive economic zone adopted in domestic legislation may apply . 
15 [Noting the rights, jurisdiction, and duties of coastal states among others, found under UNCLOS 
Part V.] TN/RL/W/274/Rev.3  
 
- 13 - 
 
  of competent RFMO(s)/A(s), and generally accepted standards for the conservation and 
management of fisheries resources; and  
 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 
Agreement.]  
 
5.5 [Fisheries subsidies which are not covered a s subsidies to artisanal fisheries act ivities, shall 
be contingent on the following : 
 
 the member has a fishery management plan in place that is effectively monitored and 
adequately enforced;  
 the fisheries do not adversely affect resources governed by the f isheries management plan;  
 the fishing activities will not adversely affect fishery resources of other members or the 
resources governed by relevant regional fisheries management organizations (RFMOs); and  
 the member has control mechanism on fisheries subsi dies to avoid overfishing and 
overcapacity.]  
 
5.6 In order to bring any subsidy programs into conformity with the obligations provided in this 
provision, developing and least -developed country Members, that at [the time of entry into 
force/adoption] of thi s instrument, have not completed; or, need to update  the information related 
to the status of the fish stocks in 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 forc e, subject to comply 
with the transparency section provided below in paragraph 3.4.]  
 
5.7 [Developing countries ranking 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 4.2 .] 
 
5.8 In the case of developing country Members, [paragraph 3.11] shall only apply to [their large 
scale industrial fishing and] fishing activity outside of their own EEZ16. 
5.9 Prohibitions for capacity enhancin g/overcapacity subsidies shall not apply to small and 
vulnerable economies.17 
Technical Assistance and Capacity Building  
 
5.10 [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 are 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:  
 
 address institutional and financial difficulties faced by LDCs and developing countries [with 
constraints to implement this Agreement] [countries in the implementation of this 
Agree ment];  
 establish  reporting mechanisms and regulations to prevent unreported and unregulated 
fishing;  
 to allow them to participate fully in any RFMO adjacent to their exclusive economic zone or 
archipelagic waters;  
 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 and 5.9 of this instrument;  
 conduct  stock assessments;  
 conduct mo nitoring, control and surveillance of fish stocks; and  
 research and development ]]    
                                               
16 [Noting the rights, jurisdiction, and duti es of coastal states among others, found under UNCLOS 
Part V. 
17 [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 per cent.]  TN/RL/W/274/Rev.3  
 
- 14 - 
 
  5.10Bis [Developed country Members shall endeavour to provide targeted technical assistance and 
capacity building for conducting stock assessment to developing country and  LDC Members.]  
 
5.10Ter [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 Paragraph [XX (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 Paragraph 
[XX (prohibition of subsidies in overfished areas)] until effective implementation capacity h as been 
acquired.]  
 
5.11 [Members 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 sche me could include bilateral and regional cooperation as 
well as technical assistance from relevant international organizations.  
 
5.12 The provision of technical cooperation and capacity building under this instrument will be 
notified by providing Members a nd reviewed in the SCM Committee. The WTO shall cooperate with 
FAO and UNCTAD in the provision of technical assistance under this Article.  
 
5.13 In order to bring any subsidy programs into conformity with the obligations provided in 
Article 3.6 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 in 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 Article 6.7]  
 
5.14 [The operationalization of disciplines on fisheries subsidies should not impede the ability 
developing countries and LDC s to develop and diversify their fisheries sector.]  
 
Transparency  
 
Notification requirements shall not be burdensome on developing countries with capacity 
constraints, especially LDCs.]   
 
[The notification requirements referred to under Article 4.1 shall not apply to LDC Members.]  
 
 
__________