Reflections on the WTO Negotiations on Prohibiting IUU Fishing Subsidies

This policy brief analyzes the ongoing WTO negotiations to prohibit subsidies for illegal, unreported and unregulated (IUU) fishing. It highlights the need for a common definition of IUU fishing based on FAO standards and discusses the debate over which authorities (such as flag, coastal, or port states and RFMOs) should be empowered to make IUU determinations. The author emphasizes that for the prohibition to be effective and enforceable, the WTO must establish clear procedural conditions for these determinations to ensure fairness and transparency without the WTO itself becoming a fisheries management organization.

• There is a growing consensus among WTO Members to include a definition of IUU fishing in the agreement, with the 2018 Working Document referencing the description in Paragraph 3 of the FAO's International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing. This description defines IUU fishing as activity that contravenes national laws, RFMO rules, or other international law; is not reported or is misreported; or is not captured by conservation measures and is inconsistent with state responsibilities under international law.
• Negotiators are divided on which entities should be authorized to determine if a vessel or operator is engaged in IUU fishing. Five primary options have been discussed: the flag state, the subsidizing WTO Member, the coastal state, Regional Fisheries Management Organizations (RFMOs) or arrangements, and the FAO (though the FAO option appears to have been dropped). A more recent proposal suggests including port states as a source for these determinations.

APA

Van Damme, I. (2020). Reflections on the WTO Negotiations on Prohibiting IUU Fishing Subsidies. International Institute for Sustainable Development. https://www.iisd.org/system/files/publications/wto-negotiations-prohibiting-fishing-subsidies.pdf

Chicago

Van Damme, Isabelle. Reflections on the WTO Negotiations on Prohibiting IUU Fishing Subsidies. International Institute for Sustainable Development, 2020. https://www.iisd.org/system/files/publications/wto-negotiations-prohibiting-fishing-subsidies.pdf.

Wikipedia

{{cite report |last1=Van Damme |first1=Isabelle |title=Reflections on the WTO Negotiations on Prohibiting IUU Fishing Subsidies |publisher=International Institute for Sustainable Development |date=February 2020 |url=https://www.iisd.org/system/files/publications/wto-negotiations-prohibiting-fishing-subsidies.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{vandamme2020reflections, author = {Van Damme, Isabelle}, title = {{Reflections on the WTO Negotiations on Prohibiting IUU Fishing Subsidies}}, institution = {International Institute for Sustainable Development}, year = {2020}, month = feb, url = {https://www.iisd.org/system/files/publications/wto-negotiations-prohibiting-fishing-subsidies.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }