COMMUNICATION ON FISHERIES SUBSIDIES

COMMUNICATION FROM INDIA

The following communication, dated 11 July 2024, is being circulated at the request of the delegation of India.

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1.1.  The SDG 14.6 has mandated the prohibition of certain forms of fisheries subsidies which contribute to overcapacity and overfishing (OCOF), recognizing the appropriate and effective special and differential treatment (SDT) for developing and least developed countries (LDCs) as an integral part of the mandate. We members, in turn, have made tireless and constructive efforts towards achieving the said mandate.

1.2.  In light of the above, taking note of the current text (_TN/RL/W/279), we remain concerned that the current draft text has not achieved both objectives in the OCOF discipline and SDT.

1.3.  With regard to the disciplines on OCOF as contained in Additional Provisions, our concern is twofold: (i) the two-tiered demonstration requirement and (ii) the dilution of disciplines on distant water fishing (DWF) nations present significant loopholes that may perpetuate unsustainable fishing operations, particularly by large-scale industrial fishing nations that have historically subsidized their fisheries sector leading to its current industrial prowess. In addition, the current hybrid approach does not advance the objective of sustainability. We urge the membership to consider the affirmative determination approach, as outlined in the overfished pillar. It is essential to carefully review these aspects of the current draft text to ensure that it effectively aligns with the sustainability goals of the OCOF pillar without unfairly burdening developing countries and LDCs.

1.4.  On the subject of levelling the playing field for developing countries and LDCs through the implementation of strong and effective SDT provisions, we must bear in mind that sustainability cuts across environmental, social, and economic dimensions. The loss of one dimension will impair the others.

1.5.  Our concerns, therefore, are mainly on 3 (three) issues: (i) stringent conditionalities and notification obligations for SDT towards small-scale and artisanal fishers, which require immediate attention to avoid the dilution of their SDT entitlement: (ii) the disregard of the sovereign rights of coastal states as outlined under the UNCLOS by not carving out the EEZ from the disciplines, and (iii) the need to provide a longer transition period in waters managed by RFMO/As for developing country Members to effectively adjust to the OCOF subsidy disciplines without jeopardizing their socio-economic development.

1.6.  Furthermore, we reiterate the three horizontal issues that need to be addressed in order for the comprehensive disciplines on fisheries subsidies to achieve their sustainability objective: (i) the inclusion of non-specific fuel subsidies within the scope of the comprehensive disciplines, (ii) treating the onward transfer of rights under government-to-government access arrangements to operators and vessels as a subsidy under the comprehensive disciplines, and (iii) excluding from the scope of Article 4 of the AFS multi-species fishing and related activities within the EEZ of coastal states by fishermen using non-selective fishing gear.

1.7.  On the process, it is regrettable that while members are unable to have an open and constructive dialogue post-MC13, at the same time, there is a motion to adopt the text prematurely, despite the fact that many outstanding issues remain unresolved. Such actions carry the risk of perpetuating the on-going imbalances in the development of the fishing sector - especially as the concerns of developing members have not been adequately addressed. To this end, further consultations are required - with the objective of identifying practical and long-lasting solutions that will guarantee that all members are well equipped to achieve the SDGs in all of its three pillars in a holistic and balanced manner.

1.8.  We remain open to finding the appropriate landing zones. Further, we will remain engaged and constructive towards a final and meaningful outcome before the MC14.

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