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

The document provides an overview of the May 11, 2021, draft consolidated text for a WTO agreement to discipline fisheries subsidies. It outlines three substantive pillars: prohibitions on subsidies for illegal, unreported, and unregulated (IUU) fishing; subsidies for overfished stocks; and subsidies contributing to overcapacity and overfishing (OFOC). The brief highlights the 'hybrid' approach for OFOC, which prohibits specific subsidy types unless management measures are in place to maintain biologically sustainable levels. It also details proposed special and differential treatment (SDT) for developing countries and least developed countries (LDCs), including potential exemptions based on GNI per capita or share of global marine capture. Finally, it addresses institutional issues such as transparency, notification requirements, and the role of a potential new Committee to oversee implementation.

• The draft agreement proposes a prohibition on subsidies to vessels and potentially operators found to engage in IUU fishing, triggered by determinations from coastal states, flag states, or Regional Fisheries Management Organisations or Arrangements (RFMO/A).
• For overfished stocks, the draft suggests a general prohibition on subsidies, with an exception for those specifically implemented to support a stock's recovery to a biologically sustainable level.
• The proposed rules on overcapacity and overfishing (OFOC) use a 'hybrid' approach, prohibiting a list of specific subsidies—such as those for vessel construction, fuel, and operating losses—unless the Member can demonstrate that measures are implemented to maintain stocks at a biologically sustainable level.
• The draft includes supplementary prohibitions for fishing in areas beyond national jurisdiction (ABNJ), specifically targeting subsidies contingent upon or tied to fishing in ABNJ and all subsidies for high seas fishing outside RFMO/A competence.
• Special and Differential Treatment (SDT) for developing countries is highly contested, with two alternative proposals for exemptions from the main OFOC prohibition: one based on permanent exemptions for LDCs and specific GNI/capture criteria, and another based on time-limited exemptions for small-scale fishing and domestic EEZ activities.
• The draft proposes new transparency and notification requirements, including mandatory reporting on the type of fishing activity and catch data for subsidized fisheries, and making the use of sustainability-related flexibilities conditional on these notifications.
• To resolve potential conflicts over maritime boundaries, the draft specifies that the instrument and its legal proceedings will not affect questions of territoriality or delimitation of maritime jurisdiction, and panels will not entertain claims requiring them to address contested jurisdiction.

APA

Tipping, A., & Irschlinger, T. (2021). WTO Negotiations on Fisheries Subsidies Update: What’s the state of play? International Institute for Sustainable Development. https://www.iisd.org/system/files/2021-06/wto-negotiations-fisheries-subsidies-update-state-play.pdf

Chicago

Tipping, Alice, and Tristan Irschlinger. WTO Negotiations on Fisheries Subsidies Update: What’s the state of play? International Institute for Sustainable Development, 2021. https://www.iisd.org/system/files/2021-06/wto-negotiations-fisheries-subsidies-update-state-play.pdf.

Wikipedia

{{cite report |last1=Tipping |first1=Alice |last2=Irschlinger |first2=Tristan |title=WTO Negotiations on Fisheries Subsidies Update: What’s the state of play? |publisher=International Institute for Sustainable Development |date=June 2021 |url=https://www.iisd.org/system/files/2021-06/wto-negotiations-fisheries-subsidies-update-state-play.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{tipping2021wto, author = {Tipping, Alice and Irschlinger, Tristan}, title = {{WTO Negotiations on Fisheries Subsidies Update: What’s the state of play?}}, institution = {International Institute for Sustainable Development}, year = {2021}, month = jun, url = {https://www.iisd.org/system/files/2021-06/wto-negotiations-fisheries-subsidies-update-state-play.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }