WORLD TRADE  
ORGANIZATION  TN/RL/GEN/141 
6 June 2006 
 (06-2675) 
Negotiating Group on Rules Original:   English 
  
 
FISHERIES SUBSIDIES 
EXHAUSTIVE LIST OF NON-PROHIBITED FISHERIES SUBSIDIES 
 
Paper from New Zealand
 
 
 
 The following communication, dated 1 June 2006, is being circulated at the request of the 
Delegation of New Zealand.  
_______________ 
 
 
New Zealand submits the attached paper as a contribution to the fisheries subsidies 
negotiations in accordance with the request from the Chair of the Rules Negotiating Group that 
delegations elaborate their proposals for prohibited and non-prohibited subsidies.  This contribution 
builds on previous submissions, in particular New Zealand’s paper of March 2006 proposing a 
framework for disciplines (TN/RL/GEN/100).  The present paper is intended to be read as an 
elaboration of that paper’s proposed Annex VIII of the Agreement on Subsidies and Countervailing 
Measures (ASCM), which is the exhaustive lis t of non-prohibited fisheries subsidies. 
 
Members will note that this elaboration of the earlier proposal includes additional categories 
of non-prohibited subsidies (e.g. vessel and crew sa fety).  Members will also note that New Zealand 
has drawn on language from other proposals in or der to elaborate its categories of proposed non-
prohibited subsidies.  New Zealand would like to make three comments in relation to the text: 
 
1. Notwithstanding the fact that New Zealand has so far not proposed a specific clause to that 
effect, we remain interested in exploring othe r Members’ proposals directed at preventing the 
circumvention of new fisheries subsidy disciplin es.  In New Zealand’s view, exemptions from 
the prohibition should not result in overall increases to fishing capacity or effort. 
2. For the sake of clarity, New Zealand has no in tention to cover general infrastructure under its 
prohibition (as per Article 1 of the ASCM).  Although, to date, there has been a lack of 
engagement on fisheries infrastructure subsidi es (originally raised in TN/RL/GEN/70), this 
paper suggests a way forward on this question by  identifying those subsidies that should be 
non-prohibited, but remain actionable and subj ect to enhanced transparency provisions. 
3. Responding to concerns expressed by devel oping countries, New Zealand proposes to treat 
subsidies to artisanal fishing as non-prohi bited.  With regard to access payments, 
New Zealand has sought to clarify that the ne w disciplines would focus only on the subsidy 
provided by fishing nations to their long dist ance fishing fleets to access the fishing resources 
of developing countries.  Such subsidies woul d not be prohibited, but would be subject to 
particular Article 25 bis transparency provisi ons.  These may include an obligation to notify 
the text of any agreement, the amount of any fixed and variable paym ents, total allowable 
catches, and the proportion of costs recovered fro m industry.  New Zealand is also aware that TN/RL/GEN/141 
Page 2  
 
  appropriate Special and Differential Treatment provisions will need to be developed, in 
addition to the exemptions provided in Annex VIII. 
New Zealand looks forward to discussing this pr oposal with other interested delegations, and 
would expect to further refine and expand on this proposal in light of this debate.  TN/RL/GEN/141 
 Page 3 
 
 
  ANNEX VIII 
Exhaustive List of Non-Prohibited Fisheries Subsidies  
 
1. Provided that they are notified in accord ance with Article 25, nothing in Article 3 bis shall 
prevent the adoption of:  
 (a) subsidies to aquaculture
1 activities, provided that there are no capture fisheries 
involved;   
  (b) subsidies for vessel decommissioning programmes, provided that: 
 
  (i) the vessels subject to such programmes are scrapped or otherwise 
permanently and effectively prevented fr om being used for fishing anywhere 
in the world; 
 
  (ii) the fish harvesting rights associ ated with such vessels are permanently 
revoked and may not be reassigned; 
   (iii) the owners of such vessels are required to relinquish any claim associated 
with such vessels that could qualify su ch owners for any present or future 
harvesting rights in any fishery; and 
 
  (iv) there are in place fisheries management control measures designed to prevent 
over-fishing in the targeted fishery, such as limited entry systems, catch 
quotas, limits on fishing effort or allocation of exclusive quotas to vessels, individuals and/or groups. 
 
 (c) subsidies for research to inform fish eries management decision makers, including 
data collection, surveys, data analys is, and stock monitoring, sampling and 
assessment; 
  (d) subsidies for fisheries stock enhanc ement, marine conservation, and marine 
protection, including marine environment restoration, hatcheries for breeding, 
artificial reefs and by-catch mitigation devices; 
  (e) subsidies for access to the fisher ies resources of developing countries; 
 
 (f) subsidies to the construction and maintenance of infrastructure for: 
   (i) fishing communities, such as the provision of housing, transport 
infrastructure, water and sanitary waste systems; 
   (ii) wharves and port facilities for vessel moorage, loading, un loading, cleaning, 
sanitation and repair; and 
   (iii) transport infrastructure, water and sanitary waste systems serving processing 
facilities for fisheries products. 
 
                                                     
 
1 Aquaculture is the farming of aquatic organisms, involving intervention in the rearing process to 
enhance production. TN/RL/GEN/141 
Page 4  
 
   (g) subsidies for unemployment relief, early retirement, worker retraining or re-
education, and alternative employment assistance for fishermen; 
  (h) subsidies for the replacement of fishin g capacity following a natural disaster where 
fleet capacity has been reduced, provided that capacity is not restored beyond its pre-
disaster state; 
  (i) subsidies to artisanal fishing
2; and 
  (j) subsidies aimed solely at improving vessel and crew safety
3, provided that:  
 
  (i) there is no increase to the volume of  fish hold or engine power of a vessel 
subject to such programmes; and 
   (ii) the improvement is undertaken to  comply with international or domestic 
standards. 
 2. Governmental activity directly associated w ith the creation and implementation of fisheries 
management systems
4, and the enforcement of fisheries mana gement rules shall not be treated as 
fisheries subsidies. 
__________ 
 
                                                      
2 Artisanal fishing is a traditional fishing activity related to the subsistence of fishermen and their 
families.  Artisanal fishing is performed on an in-s hore basis with non-automated gear-retrieval devices.  
3 Programmes or activities aimed primarily at vessel m odernisation or repair do not fall within this sub-
paragraph.  The construction of vessels is not permitted under this sub-paragraph. 
4 This comprises the establishment and administration of management systems (including allocating 
and monitoring fishing licences, permits, quota, vess el numbers and catch return s); adjusting management 
settings within an existing management system; and developing amendments or additions to the existing 
management system.