The US wants to settle with Mexico on the question of which international organisation will handle the tuna label dispute. (Photo: Stock File)

Proceedings resumed in 'Dolphin Safe' dispute

UNITED STATES
Friday, November 06, 2009, 23:50 (GMT + 9)

The US government seeks to initiate formal negotiations with Mexico in the dispute around the “Dolphin Safe” labelling in effect for canned tuna entering the American market. The objective is to determine what international body must arbitrate the proceedings resumed by Mexico.

The order to initiate consultations is in response to Mexico’s refusal to transfer the dispute from the competency of the World Trade Organization (WTO) to the North American Free Trade Agreement (NAFTA), explained the United States Trade Representative (USTR).

For this reason, the Mexican Government resumed its petition with the WTO requesting that members be selected for appointment to an arbitration panel.

“In resuming its current proceedings in the WTO, Mexico continues to disregard its obligation to the United States to have recourse solely under the NAFTA for this dispute,” said Debbie Mesloh, USTR spokesperson.

The US does not admit use of the ‘Dolphin Safe’ label for tuna caught by vessels using purse seine nets; the government claims the gear captures dolphins.

In 2007, a US ruling banned imports of Mexican tuna under the “Dolphin Safe” label.

Mexico filed a complaint before the WTO, arguing that the US legislation creates “unnecessary obstacles” to its trade practices.

Last March, the United States looked to block the establishment of an arbitration panel, but the WTO proceeded to authorise the move a month later.

“We are enforcing the right that the United States, Canada and Mexico negotiated in the NAFTA,” Mesloh was quoted as saying in Reuters.

“This is an important right that has not previously been invoked by a NAFTA party, and defending our right under this clause preserves and strengthens the NAFTA dispute settlement regime,” the spokeswoman continued.

According to the the Inter-American Tropical Tuna Commission (IATTC), since the previous decade, Mexico has reduced - within an international programme of tuna fishing and dolphin conservation – the accidental deaths of those mammals to “biologically insignificant levels.”

Under the programme, the tuna fishers rescue dolphins that are accidentally caught by freeing them from their nets and returning them to the sea before internationally assigned observers.

Last year, 92 per cent of the net casts for tuna associated with dolphins did not kill nor wound the cetaceans.

In addition, the total mortality of dolphins fell from 132,000 in 1986 to about 1,200 in 2008, indicated the IATTC.

According to IATTC statistics, Mexican vessels landed 108,687 tonnes of tuna between 1 January and 27 September.

The Ecuadorian fishing fleet landed 123,546 tonnes in the same period; the Panamanian fleet, 50,282 tonnes and the Venezuelan fleet, 39,558 tonnes, among others.

Related articles:

- US restrictions reduce tuna industry profits
- US seeks to shift tuna dispute to NAFTA forum

By Analia Murias
editorial@fis.com
www.fis.com  

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