India proposes limited scope of WTO panel on fisheries subsidies

New Delhi: India has proposed that the jurisdiction of a World Trade Organization (WTO) dispute panel on fisheries subsidies be limited, a move aimed at preserving the sovereign rights of countries to explore, exploit, conserve and manage the fisheries resources within 200 nautical miles of their sea zones.

In the ongoing negotiations to finalise disciplines to eliminate subsidies for illegal, unreported and unregulated (IUU) fishing, and prohibit certain forms of fisheries subsidies that contribute to overcapacity and overfishing, India has proposed “standard of review” provisions which limit the scope of dispute settlement panels so that they don’t interfere with the decisions of countries’ fisheries management authorities.

“A WTO panel shall not review claims regarding a coastal member's determination made in respect of IUU fishing, overfished stocks, and overfishing and overcapacity in respect of fishing and fishing-related activities conducted by its own fishing vessels in its territorial sea and exclusive economic zone,” said India.

The proposal is meant to protect the sovereignty of members in their Exclusive Economic Zone (EEZ), which is the boundary of the sea zone extending up to 200 nautical miles from the shore.

“India has suggested that the coastal members’ determination of stock assessment and listings of IUU fishing should not fall in the purview of the panel or be open to challenge,” said an official.

The official said it is crucial for countries to secure the capacities they have in EEZs.

“Members aired mixed views on the issue,” said a Geneva-based official.

While some members prefer to completely defer to national and regional fisheries management authorities for such determinations, others are open to a level of scrutiny in order to effectively enforce a WTO ban on prohibited subsidies.

As per the first official, Australia and the European Union said that scientific risk assessment similar to the Sanitary and Phytosanitary Agreement can be replicated in the fisheries pact to put in place measures if human, animal or plant life needs to be protected.

WTO members are trying to thrash out an agreement on fisheries subsidies by the next ministerial conference, which is scheduled to be held towards the end of this year.