A F : rtisAnAl ishing P P romoting overty r c d - eduction And ommunity eveloP t n wto r ment hrough ew ules on F s isheries ubsidies An Issue and Options Paper Artisanal Fishing: Promoting Poverty Reduction and Community Development Through New WTO Rules on Fisheries Subsidies An Issue and Options Paper Prepared by David K.Schorr Commissioned by The United Nations Environment Programme (UNEP), Economics and Trade Branch (ETB) Geneva, November 2005 Disclaimer The designations employed and the presentati on of the material in this study do not imply the expression of any opinion whatsoever on the part of the United Nations Environment Programme concerning the legal status of any country, territory or area of its authorities, concerning the delimination of its frontiers or boundaries. The views expressed do not necessarily represent the decision or the stated policy of the United Nations Environment Programme, nor does the citing of trade names or commercial processes constitute endorsement. Moreover, the views and interpretations reflected in this publication are those of the authors and do not necessarily reflect the views or position of the United Nations Environment Programme. (additional box not necessary) - ii - Acknowledgements This project was initiated by the Economics and Trade Branch (ETB), Division of Technology, Industry and Economics (DTIE) of the United Nations Environment Programme (UNEP). Hussein Abaza is the Chief of the Branch. UNEP would like to thank David Schorr, the lead author of this paper, for this thorough research and analysis. It is the aim of this paper to stimulate discussion on the treatment of artisanal fishing within efforts to clarify and improve WTO rules in a manner that contributes to sustainable development and the economic, social, and environmental health of the world’s fisheries. The study has benefited from comments and suggestions received through a number of review rounds. Special thanks go to Vice Yu, Darlan Fonseca-Marti, and Sebastian Mathew for their comments and contributions. A draft version of this paper was circulated to all governments and reviewed and discussed at an informal workshop sponsored by UNEP in Geneva in June 2005. This workshop was attended by more than 50 participants from 19 governments and a broad range of intergovernmental and non- governmental organization. UNEP would like to thank all participants for their review. Integration of the comments received and final peer review were completed in time for the 6. Ministerial Conference in Hong-Kong in December 2005. Any later country submissions are thus not analysed in detail in this study. UNEP particularly thanks the New Zealand Government, whose generous support made the production of this paper and its review process possible. Anja von Moltke, Economic Affairs Officer at UNEP, was responsible for managing the project, coordinating the peer review, organizing the workshop and editing the report. She was supported by Elizabeth Havice and Véronique Marx. Administrative assistance was provided by Rahila Mughal and Désirée Leon. - iii - United Nations Environment Programme The United Nations Environment Programme (UNEP) is the overall coordinating environmental organization of the United Nations system. Its mission is to provide leadership and encourage partnerships in caring for the environment by inspiring, informing and enabling nations and people to improve their quality of life without compromising that of future generations. In accordance with its mandate, UNEP works to observe, monitor and assess the state of the global environment, improve the scientific understanding of how environmental change occurs, and in turn, how such change can be managed by action-oriented national policies and international agreements. UNEP’s capacity building work thus centers on helping countries strengthen environmental management in diverse areas that include freshwater and land resource management, the conservation and sustainable use of biodiversity, marine and coastal ecosystem management, and cleaner industrial production and eco-efficiency, among many others. Division of Technology, Industry and Economics The mission of the Division of Technology, Industry and Economics (DTIE) is to encourage decision makers in government, local authorities and industry to develop and adopt policies, strategies and practices that are cleaner and safer, make efficient use of natural resources, ensure environmentally sound management of chemicals, and reduce pollution and risks for humans and the environment. In addition, it seeks to enable implementation of conventions and international agreements and encourage the internalization of environmental costs. The Division, with its Director and Division Office in Paris, consists of one centre and five branches located in Paris, Geneva and Osaka. Economics and Trade Branch The Economics and Trade Branch (ETB) is one of the five branches of DTIE. Its mission is to enhance the capacities of countries, especially of developing countries and countries with economies in transition, to integrate environmental considerations into development planning and macroeconomic policies, including trade policies. In the field of environmental economics, ETB aims to promote the internalization of environmental costs and enhance the use of economic instruments to contribute to sustainable development and poverty reduction, including in the specific context of the WTO For more information regarding UNEP’s work on fisheries subsidies, please see http://www.unep.ch/etb or contact Anja von Moltke, Economic Affairs Officer, ETB at tel: 41-22- 917 81 37, or email [email protected] - iv - Table of Contents Acknowledgements................................................................................................................iii United Nations Environment Programme...............................................................................iv Abbreviations.........................................................................................................................vi Introduction............................................................................................................................1 Part I — Context.....................................................................................................................2 The Sustainable Development Challenge.............................................................................2 The Discussion of “Artisanal Fishing” in the WTO So Far..................................................5 Relationship to the S&DT Debate.....................................................................................10 Part II — The Definitional Debate........................................................................................12 The Definitional Debate in Perspective..............................................................................12 Obstacles to a Universal Definition of “Artisanal Fishing”................................................15 Part III — Underlying Objectives and Practices....................................................................18 Why Subsidize Artisanal Fishing?.....................................................................................18 What Kinds of Subsidies Are Involved?............................................................................21 Part IV — Practical Implications for WTO Rules..................................................................22 The Definitional Question, Revisited.................................................................................22 Other Elements of a WTO Approach.................................................................................23 Conclusions and General Recommendations.........................................................................27 References.............................................................................................................................29 Appendix A............................................................................................................................32 References to Artisanal Fishing in WTO Submissions............................................................32 Appendix B............................................................................................................................48 A Few Examples of Existing Usages and Definitions.............................................................48 - v - Abbreviations ADB Asian Development Bank ASCM WTO Agreement on Subsidies and Countervailing Measures DFWs Distant Water Fleets EEZ Exclusive Economic Zone FAO United Nations Food and Agriculture Organization FAO SOFIA FAO State of World Fisheries and Aquaculture S&DT Special and Differential Treatment SFLP Sustainable Fisheries Livelihood Programme UNEP United Nations Environment Programme UNEP-ETB UNEP Economics and Trade Branch WSSD World Summit on Sustainable Development (Johannesburg 2001) WTO World Trade Organization - vi - Introduction Since the earliest days of dialogue over fisheries subsidies at the WTO, it has been clear that “artisanal fishing” presents a special case. Although never precisely defined, the term has been repeatedly used to identify a set of interests and people likely to need particular treatment under new WTO fishing subsidy disciplines. There are good and fundamental reasons for this. In the midst of a global fisheries crisis caused mainly by large, high-tech, industrial fleets, “artisanal fishing” refers broadly to small, underdeveloped, and often severely impoverished fishing communities whose immediate survival depends on their ability to continue benefiting from local fisheries that in many cases are centuries old. These communities are highly significant in human, economic, and environmental terms. The artisanal fishing sector—regardless of any technical debate over its precise definition1— provides direct employment to tens of millions of people, and indirect employment to tens of millions more (many of them women involved in fish processing). Artisanal fishing comprises 90% of all fishing jobs worldwide, approximately 45% of the world’s fisheries, and nearly a quarter of the world catch.2 They provide critical income and edible protein to hundreds of millions across the globe. Moreover, artisanal fishers operate in some of the biologically richest and most sensitive waters on earth, often in tropical coastal zones where interactions with coral reefs and land-based ecosystems introduce complex interdependencies. The special concern of WTO delegations for artisanal fishing communities reflects a broadly shared desire to ensure that small, vulnerable, and underdeveloped communities are not inadvertently harmed by new WTO rules that aim to eliminate unsustainable trade and production distortions in the fisheries sector. Subsidies to support such communities are in some crucial respects different in character from those granted to well-developed and globally competitive industries. The urge to protect “artisanal fishing”—and, in essence, to provide certain derogations from new fisheries subsidies disciplines for artisanal fishing—thus has a relatively clear basis. Less well understood, however, is how this urge can or should be translated into practice within new WTO fisheries subsidies rules. As a contribution to the ongoing international dialogue, this paper aims to elucidate some of the technical and political issues underlying that question. In particular, this paper seeks to provide an analytic framework to facilitate discussion of two basic practical questions: • What should be the scope of any special rules for subsidies to artisanal fisheries? In particular, what should be the definition of "artisanal fishing" within the ASCM? 1 A preliminary definition of “artisanal fishing”: Part II of this paper is devoted to a discussion of the difficulties attending any attempt to define “artisanal fishing” precisely. Suggestions for narrowing such a definition in the WTO context are offered in ¶¶ 4.2-4.5. Elsewhere throughout this paper, the term is used in a general non-technical manner to refer to fishing having some or all of the following characteristics: small-scale; local (usually “in-shore”), relatively poor, non-industrial, and “low-tech”. 2 UNEP 2004a, p. 2; FAO 1998, Part D, § 1.1.1; U.N. Atlas of the Oceans (“Key features of small scale and artisanal fisheries”). - 1 - • What limits or disciplines should apply to subsidies to artisanal fisheries under new WTO rules? Are there substantive conditions that should be applied? Or procedural conditions? Rather than proposing definitive answers to these questions, this paper provides an analytic framework, and perhaps a few provocative words, in the hope of aiding discussion among governments and other stakeholders. The paper does, however, take as its fundamental orientation the need to find an approach that maximizes incentives for truly sustainable development. 3 Accordingly, this paper is structured as follows: Part I comments on the context in which this discussion is taking place, looking at both the overall challenges facing the artisanal fishing sector and the discussion of “artisanal fishing” in the WTO so far. Part II then turns to the definitional debate that is preoccupying some delegations and stakeholders, exploring the difficulty of finding a ready-made definition of “artisanal fishing” from the usage of the term outside the WTO context. In an effort to move the definitional debate forward, and to inform other elements of the artisanal fishing discussion, Part III attempts to tease apart the “why” and “how” of subsidies to artisanal fisheries, reviewing basic policy objectives and the likely nature of subsidies to artisanal fisheries. Part IV then addresses in a general fashion some of the practical issues surrounding new WTO rules on subsidies to artisanal fisheries, offering a few specific suggestions regarding both definitional and other issues. The final part of the paper closes with several general conclusions and recommendations. Part I — Context The Sustainable Development Challenge 1.2. It is hard to imagine a human activity in which the twin imperatives of human development and environmental sustainability are more urgently united than in the case of artisanal fishing. The artisanal fishing sector includes some of the poorest and most underdeveloped communities on earth, and it is little wonder that the development policies of many governments and intergovernmental organizations are focused on the artisanal fishing sector. 4 1.3. Moreover, as in so many situations where underdevelopment is a predominant problem, the issue of artisanal fishing also raises significant questions of international equity. While it is generally accepted that 75% of the world’s commercial fisheries are either fished to the limits of their natural carrying capacity, or beyond,5 and that aggregate global fishing 3 More particularly, this paper takes as its frame of reference UNEP’s institutional mission, the mandate of ¶¶ 28 & 31 of the WTO Doha Declaration, and the call for the elimination of harmful fishing subsidies issued by the 2001 World Summit On Sustainable Development in Johannesburg, (WSSD Plan of Implementation, ¶ 31(f)). 4 See, e.g., Asian Development Bank 1997, p. 35 (The ADB’s intervention in the artisanal fishing sector “provides great opportunity for addressing the crosscutting concerns of poverty reduction and environmental protection.”) 5 FAO SOFIA 2004, p. 32. - 2 -