India asks WTO to weigh carve-out for poor fishing nations

Ahead of a key ministerial meeting of the World Trade Organization (WTO) next month, India has proposed a permanent carve-out for countries involved in low-income fishing to protect the livelihoods of poor fishers. In a submission to the global trade watchdog, it also said that non-collection from vessels in agreements wherein vessels of richer nations acquire access rights to fishing in poorer countries’ waters must be treated as subsidies.

The carve-out will be irrespective of any geographical limitation or the type of activity engaged by such fishers and the determination of what constitutes low-income or resource-poor or livelihood fishing and fishing-related activities should be decided by the national authorities, India argued.

The 13th ministerial conference of the WTO will be held from February 26 to 29 in the UAE where disciplines on curbing subsidies contributing to overcapacity and overfishing (OCOF) would be finalised.


In its proposal, India said that “appropriate and effective special and differential treatment (S&DT) are needed… to protect the livelihoods of poor fishermen and address food security concerns”.

On the issue of government-to-government payments for access rights that one nation acquires from another member to fish in their jurisdiction, India has said that these should be treated as subsidies.

While recognising the fact that such access arrangements can help some members generate revenues, especially in some developing countries, including poorer nations, India said that excluding subsidies arising from the further transfer of access rights to their vessels is like a “blank cheque” to distant water fishing nations that fish in other country’s exclusive economic zone (EEZ) or high seas.

EEZ is the boundary of a sea zone extending up to 200 nautical miles from the shore.

“Developed members like the EU and Turkey have such arrangements with LDCs since their own fish stocks have depleted,” said an official.

As per India, such exclusion “can easily circumvent the subsidy disciplines by entering into bilateral or circuitous agreements and avoid recovery of subsidy paid to commercial players”.

In its proposal, India called for the inclusion of “fuel subsidies, whether specific or non-specific” since they have the same harmful impact on the marine environment and ocean sustainability.

?”Fisheries subsidies negotiations in the WTO are in full swing with the NGR Chair pushing for concluding negotiations by end of January. While the Chair’s text issued on 21 December pushes ‘hybrid approach’ on overcapacity and overfishing with a very weak discipline of the so called two tier sustainability approach, India has been strongly advocating a stronger approach to prohibit subsidies for those engaged in distant water fishing,” said Mukesh Bhatnagar, expert on fisheries issues, adding that the big subsidisers find it convenient to latch on to the ‘hybrid approach’ with a weak sustainability obligation.

When dealing with the sustainability of fish stocks based on an environmental perspective, the market distortion principle will not apply, and the scope of prohibition cannot be limited to only specific fuel subsidies and leave out non-specific fuel subsidies, according to the proposal.

India has suggested that developing countries whose share of annual marine capture fish production is less than 1% (de-minimis) of the global annual marine capture fish production be excluded from disciplines on subsidies contributing to OCOF.

New Delhi also highlighted practical challenges for fishers in tropical waters operating with non-selective gears to avoid overfishing.

“As tropical waters have faster biological regeneration capacities, the same yardstick of temperate waters fisheries conservation and management measures cannot be imposed,” India argued.