WTO Negotiations on Fisheries Subsidies: What’s the state of play?

The document analyzes the state of play in WTO negotiations to discipline fisheries subsidies, focusing on three substantive pillars: prohibiting subsidies to illegal, unreported, and unregulated (IUU) fishing; prohibiting subsidies to overfished stocks; and addressing subsidies that contribute to overcapacity and overfishing (OFOC). It examines the draft consolidated text's approach to scope, definitions, and the contentious role of special and differential treatment (SDT) for developing countries and least-developed countries (LDCs). The brief also outlines unresolved institutional issues regarding transparency, legal form, and dispute settlement mechanisms.

• The draft consolidated text limits the scope of the proposed disciplines to wild marine capture fishing and fishing-related activities 'at sea,' explicitly excluding aquaculture and inland water fishing.
• There is a general consensus toward a complete prohibition of subsidies to IUU fishing, with the draft text suggesting that such a prohibition be triggered by determinations made by coastal Members, flag state Members, or Regional Fisheries Management Organisations or Arrangements (RFMO/A).
• Regarding overfished stocks, the draft text proposes banning subsidies only when a stock is not recovering or continues to decline, unless the Member can prove it has measures in place to ensure the stock recovers.
• For overcapacity and overfishing (OFOC), the draft text focuses on prohibiting subsidies that reduce capital and operational costs in situations where fishing capacity or effort exceeds sustainable levels as defined by a coastal Member or RFMO/A.
• The draft text includes supplementary prohibitions for fishing in areas beyond national jurisdiction (ABNJ), specifically targeting subsidies contingent upon or tied to fishing in ABNJ, and subsidies for vessels flying a flag other than that of the subsidizing Member.
• Members are divided on whether to implement quantitative restrictions, such as a 'cap-based approach' to limit the total amount of subsidies, with various tiered proposals based on a Member's share of global marine captures.
• Special and Differential Treatment (SDT) remains highly controversial; the draft text proposes exempting LDCs from commitments on overcapacity and overfishing, and providing carve-outs for developing countries fishing within their territorial seas.
• There is ongoing debate regarding the standard of review for dispute settlement, with options ranging from automatic recognition of national/RFMO determinations to a procedural review or a review limited to the scientific basis of an assessment.

APA

Tipping, A., & Irschlinger, T. (2020). WTO Negotiations on Fisheries Subsidies: What’s the state of play? International Institute for Sustainable Development. https://www.iisd.org/system/files/2020-08/wto-negotiations-fisheries-state-play_0.pdf

Chicago

Tipping, Alice, and Tristan Irschlinger. WTO Negotiations on Fisheries Subsidies: What’s the state of play? International Institute for Sustainable Development, 2020. https://www.iisd.org/system/files/2020-08/wto-negotiations-fisheries-state-play_0.pdf.

Wikipedia

{{cite report |last1=Tipping |first1=Alice |last2=Irschlinger |first2=Tristan |title=WTO Negotiations on Fisheries Subsidies: What’s the state of play? |publisher=International Institute for Sustainable Development |date=July 2020 |url=https://www.iisd.org/system/files/2020-08/wto-negotiations-fisheries-state-play_0.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{tipping2020wto, author = {Tipping, Alice and Irschlinger, Tristan}, title = {{WTO Negotiations on Fisheries Subsidies: What’s the state of play?}}, institution = {International Institute for Sustainable Development}, year = {2020}, month = jul, url = {https://www.iisd.org/system/files/2020-08/wto-negotiations-fisheries-state-play_0.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }