WORLD TRADE  
ORGANIZATION  TN/RL/W/203 
6 March 2006 
 
 (06-0978) 
Negotiating Group on Rules Original:   English 
  
 
SMALL SCALE, ARTISANAL FISHERIES 
 
Submission by India
1 
 
 
 The following communication, dated 3 March 2006 is being circulated at the request of the 
Delegation of India. 
_______________ 
 
 Introduction
 
 
1. Paragraph 282 of the Doha Ministerial Declaration provides the mandate for negotiations in 
the area of fisheries subsidies, which inter-alia  provides that in the context of Rules negotiations, 
participants shall also aim to clarify and improve WTO disciplines on fisheries subsidies, taking 
into account the importance of this  sector to developing countries.   
 2. The Negotiating Group on Rules (NGR) has been making progress through Members’ 
contributions on different aspects of any new disciplines relating to fisheries subsidies.  On the overall 
framework for any future discip lines, India shares Brazil’s views
3 that inland fisheries should be 
excluded from the purview of such disciplines.  
 
3. The Declaration4 adopted at the recently concluded Hong Kong Ministerial Conference 
reaffirms the Doha mandate and provides further guidance for negotiations in its Annex D, which 
specifically emphasizes that appropriate and effectiv e special and differential treatment for developing 
and least-developed Members should be an integral pa rt of the fisheries subsidies negotiations, taking 
into account the importance of this sector to develo pment priorities, poverty reduction, and livelihood 
and food security concerns.  
 
                                                      
1 This is without prejudice to India' s position on these issues. It is al so without prejudice to additional 
views or any future submissions by India on this or other aspects of S & DT for fisheries subsidies in any new 
disciplines. 
2 “In the light of experience and of the increasing application of these instruments by members, we 
agree to negotiations aimed at clarifying and improving disciplines under the Agreements on Implementation of 
Article VI of the GATT 1994 and on Subsidies and Countervailing Measures, while preserving the basic 
concepts, principles and effectiveness of these Agreements  and their instruments and objectives, and taking into 
account the needs of developing and least-developed pa rticipants. In the initial phase of the negotiations, 
participants will indicate the provisions, including disciplines on trade distorting practices, that they seek to 
clarify and improve in the subsequent phase. In the cont ext of these negotiations, participants shall also aim to 
clarify and improve WTO disciplines on fisheries subsidies, taking into accoun t the importance of this sector to 
developing countries . We note that fisheries subsidies are also referred to in paragraph 31.” 
[WT/MIN(01)/DEC/1, 20 November 2001] 
3 Brazil, TN/RL/GEN/79 
4 WT/MIN(05)/DEC , 22 December 2005 TN/RL/W/203 
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  I. SCOPE OF THE PAPER 
4. This submission by India is intended to hi ghlight the importance and need for Special and 
Differential Treatment (S&DT) in any new disciplines relating to fisheries subsidies, with specific focus on small-scale, artisanal fisheries.  The treat ment of small scale, artisanal fishing has been 
addressed in several Members’ submissions
5 before the NGR.  India has considerable interest in these 
discussions and has actively participated in them.  The scope of this submission does not cover the 
entire gamut of S&DT for developing countries, but is limited to the issue of small scale, artisanal 
fisheries and its possible treatment in any new disci plines.  This submission is without prejudice to 
any additional views and submissions that India may present to the NGR on this and other related 
issues.     
 
Fisheries sector:  Its importance to Developing Countries  
 
5. The debate on fisheries subsidies is critical  to many developing countries in general and 
especially those for whom fisheri es constitutes the main source of livelihood, employment, means of 
poverty alleviation, food security and also source of  export earnings.  It has been estimated that 
developing countries are responsible  for about half of world produc tion of fish, accounting for 49% of 
fish exports by value and 55% by volume6.  
 
Fisheries sector:  An important sector of Indian economy  
 6. The geographic base of Indian marine fish eries include 8118 km. coastline, 2.02 million sq. 
km. of Exclusive Economic Zone (EEZ) including 0. 5 million sq. km. of continental shelf and 3937 
fishing villages.  Fisheries is one of the important  sectors in the socio-economic development of the 
country.  Sandy and rocky terrain, brackish-water wetlands make marine and estuarine fisheries an 
important source, and often the only source, of liv elihood for poor coastal fishing community.  In 
general, the fishing communities have traditionally been engaged in fishing activities for many 
generations.  Fish is an important source of anim al protein in India, especially among the coastal 
population.  Fisheries is thus an important source of employment, income and food and livelihood security of the large coastal population
7.  Given the importance of this sector to its economy and 
growth, the Indian Government formulated  a Comprehensive Marine Fisheries Policy8 in November 
2004, which advocates protection, consideration and encouragement of subsistence level fishermen 
and technology transfer to the small-scale sector.  Some basic facts9 on this sector that would 
highlight its importance for India can be summarized as follows:   
• More than 14.4 million people engaged in fish ing and fishing related activities, for their 
livelihood, a majority of whom live in 3937 co astal villages, besides fishermen hamlets along 
major river basins and reservoirs in the country.  
• Most of them are resource poor and engage main ly in subsistence level fishing or sell their 
catch for consumption in local community. 
• The fisheries sector contributes approximately Rs.270 billion to national income which is 
around 1.1 % of the total GDP.  
                                                     
 
5 TN/RL/W/77 (US); TN/RL/GEN/56 & 79 (Braz il); TN/RL/GEN/92 (Korea), TN/RL/GEN/57/Rev.2 
(Antigua & Barbuda, Barbados, Dominican Republic, Fi ji, Grenada, Guyana, Jamaica, Papua New Guinea, St 
Kitts and Nevis, St Lucia, Solomon Islands &Trinidad and Tobago)   
6 FAO, State of the World Fish eries and Aquaculture (2004). 
7 Planning Commission, Tenth Five Year Plan (2002-2007), Chapter 5:2 
8 Comprehensive Marine Fisheries Policy 2004, http://dahd.nic.in/fishpolicy.htm  
9 Source: Planning Commission, Tenth Five Year Plan (2002-2007); Department of Animal Husbandry 
and Dairying, Government of India, and the FAO.  TN/RL/W/203 
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  • India is the fourth largest fish producer in the world with production during the year 2003-04 
of 6.39 million tones; a majority of India’s fish production (around 80-90 %) is used for 
domestic consumption. 
 
Need for addressing the development dimension  
 
7. India has been engaging in the negotiations on  fisheries subsidies in NGR with considerable 
interest, and it notes with satisfaction that several  other countries, both de veloped and developing, 
have emphasized the significance of the S&DT issue.  Among many other topics, Members’ submissions, inter-alia  by the EC, US, New Zealand, Brazil,  Korea, Japan, Chile, Chinese Taipei, a 
group of developing countries (Antigua & Bar buda, Barbados, Dominican Republic, Fiji, Grenada, 
Guyana, Jamaica, Papua New Guinea, St Kitts and Nevis, St Lucia, Solomon Islands &Trinidad and 
Tobago) have addressed the issue of special a nd differential treatment (S&DT) for developing 
countries in any new disciplines relating to fisheries subsidies. 
 
 
8. The principle of special and differential treatment  (S&DT) is rooted in the basic tenets of the 
WTO/GATT architecture.  Addressing the needs and inte rests of developing countries is the central to 
the Doha Work Programme.  Members have reitera ted this commitment at the recently concluded 
Hong Kong Ministerial Conference.  Any improved di sciplines relating to fisheries subsidies should 
take fully into account the importance of S&DT for developing countries.  What is important is to 
give practical application to the development dimens ion in any such new disciplines.  Fisheries sector 
is one of the important sectors in the socio- ec onomic development of many  developing countries.  
The fisheries sector impacts not only the livelihood secu rity of the large coastal population, but also 
country’s overall food security and employment.  The SCM Agreement recognizes that ‘subsidies 
may play an important role in the economic deve lopment of developing country members’.  Given 
this reality, any disciplines under the ASCM would n eed in-built safeguards to adequately protect the 
interests of the developing countries and provide  them adequate policy space for addressing these 
development priorities.  
 
9. Fisheries subsidy disciplines are premised on enhancing the ambit of ASCM from one that has as its primary concern ‘trade distortions’ to one that seeks to address problems of over-fishing and 
overcapacity.  India, therefore, believes that S&DT under any future disciplines on fisheries subsidies 
would need to have several components to provi de adequate policy space to developing countries, 
which should be in addition to those in Article 27 of the SCM Agreement.  Some developing country 
Members have presented their ideas on this important  aspect and India is willing to work with them 
and other Members to ensure that effective S&DT is integrated in any new disciplines relating to 
fisheries subsidies.     
Towards a definition for small scale, artisanal fisheries
 
 
10. The development dimension of small scale, ar tisanal fishing has been  recognized by several 
inter-governmental agencies and WTO Members.  A group of developing countries has made a case 
for exemption of measures undertaken by their governments to assist artisanal fisheries sector10.  The 
recent submissions by Brazil11 and Korea12 have shared their ideas on the special treatment of this 
category.  United States have noted that subsidies to artisanal fisheries is not  the intended focus of the 
new WTO fisheries disciplines13.  
                                                      
10 TN/RL/W/136/TN/RL/GEN/57/Rev.2(Antigua & Barbuda, Barbados, Dominican Republic, Fiji, 
Grenada, Guyana, Jamaica, Papua New Guinea, St Kitts and Nevis, St Lucia, Solomon Islands &Trinidad and 
Tobago) 
11 TN/RL/GEN/79 
12 TN/RL/GEN/92 
13 United States, TN/RL/W/77, 19 March 2003. TN/RL/W/203 
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11. Several international organizations su ch as the FAO, UNEP, World Bank and Asian 
Development Bank, have discussed the elements of a definition for small scale, artisanal, traditional 
fisheries, based on certain characteristics.  A recent note14 by the WTO’s Secretariat puts together a 
number of such definitions, as well as those that can  be inferred from the laws & regulations of some 
WTO Members.  It is interesting to note that wo rds such as artisanal, traditional, small scale are 
sometime used interchangeably and in an overlapping manner in several of the definitions discussed.  
It has been recognized and emphasized by most inter-governmental organizations working on this 
area that because of the varying socio-economic conditions in different countries, it may not be 
possible to arrive at a universal definition for ‘arti sanal and/or small-scale fisheries’.  Therefore, while 
developing a common definition would seem to be a difficult task, it might perhaps be useful to have 
a common understanding on some general characteristics  applying to such category.  
 12. Based on the broad elements that have been a dvanced by international organizations such as 
FAO, the World Bank, Asian Development Bank a nd ICCAT and Members’ submissions thus far, 
India believes that the common characteristics fo r developing an understanding of small-scale, 
artisanal fisheries may be based on a recognition of the following:   
• They are traditional fisheries involving fishing households or small groups of fishworkers. 
• The fishing vessel could vary from gleaning or a one-man canoe to up to 20 m, including 
trawlers, seiners or long-liners .  
• They use relatively small fishing vessels, whic h may be non-motorized or use small out board 
engines (say up to 10 bhp). 
• The fishing is confined to close to the shoreline.  
• Use of fishing gear such as beach siene and gill nets, hook and line, and traps. 
• Use of labour-intensive technologies 
• Artisanal fisheries can be both subsistence or commercial, providing for local consumption or 
export as well.  
 
Concluding Remarks
 
 
13. In the light of the above, and given the de velopment priorities, food security and livelihood 
concerns of developing countries, India believes th at special treatment for small scale, artisanal 
fisheries in any new disciplines is essential.  Features listed in para 12 above, including socio-
economic and technical, have also been suggested by others in identifying the characteristics of small-
scale, artisanal fisheries.  These  characteristics however may differ from country to country and 
region to region.  Hence the elements need to be defined in an inclusive manner, in order to account 
for such differences.  Each country should however have transparent and adequate justifications on 
the basis of their development priorities, live lihood and food security related concerns, while 
designing subsidies for small scale, artisanal fish workers.   14. India recognizes and shares the objective of the importance of management of fishery resources towards sustainable fisheries.  Both the central and state governments have undertaken 
resource management measures, including closed seas on fishing, regulation of mesh size, earmarking 
areas for fishing vessels.  India is signatory to UNCLO S.  India has also adopted various provisions of 
the FAO Code of Conduct for Responsible Fisheries – though the Code is voluntary, and Government 
policies and programmes are broadly in tune with the provision of the Code.  India is a member of the 
Indian Ocean Tuna Commission and is actively participating in all the major programmes aimed at conservation and management of Tunas in the Indian Ocean Region  
 
                                                     
 
14 TN/RL/W/197 Note by the WTO Secretariat  TN/RL/W/203 
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  15. India is willing to engage ac tively on this subject as on range of other issues impinging upon 
the nature and structure of any new disciplines in fisheries sector, special and differential treatment 
for developing countries, in accordance with th e Doha mandate as elaborated in Hong Kong 
Ministerial Declaration.   
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