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Tuna & Dolphin Issue
The MMPA reduced the number of dolphins killed by control
the U.S. vessels. However, by 1986, only 34 of the 103 purse-seiner
ships using dolphin sets were registered in the United States.
The remaining 69 consisted of foreign vessels: with 43 from
Mexico, 15 from Venezuela, 4 from Vanatu, 2 from Spain and
one from the Cayman Islands, Costa Rica, El Salvador, and
Panama did not participated The US Commerce Department estimated
the kill rates for these ships were two to four times higher
(100,000 per year) than U.S. kill rates. Critical Factors
Market Review Trade Barriers Tariff Barriers Non-Tariff Barriers
Use of Food Additives Trade and Environment Tuna & Dolphin
Issue
Therefore, the US Congress issued the Direct Embargo Provision
into the Marine Mammal Protection Act. The goal of this provision
was to decrease foreign kills by prohibiting the importation
of yellowfin tuna from nations that did not have regulatory
programs and mortality rates comparable to the United States.
The yellowfin tuna harvested with purse seines in the eastern
tropical Pacific Ocean to be exported to the United States,
shall require that the government of the exporting nation
provide documentary evidence that
1) the government of the harvesting nations has adopted a
regulatory program governing the incidental taking of marine
mammals in the course of such harvesting that is comparable
to that of the United States: and
2) the average rate of that incidental taking by the vessels
is comparable to the average rate of incidental taking of
marine mammals by the United States vessels in the course
of such harvesting.
Moreover, The US Congress issued the Dolphin Protection
Consumer Information Act (DPCIA), stated that producers, importers,
exporters, distributors, or sellers of tuna products could
only include a dolphin safe label if the tuna were harvested
in a manner that was not harmful to dolphin. Therefore, tuna
caught by purse seine vessels in the ETP or tuna taken on
the high seas by drift net fishing could not be labeled as
dolphin safe.
Finally, The United States banned imports of tuna product
that did not take the steps to reduce the number of Eastern
Pacific Tropical dolphins killed each year due to tuna fishing.
The ruling was in part due to the discriminatory manner in
which the United States implemented the measure and in part
due to the GATT resistance to cases where the process of production
is a major factor. Furthermore, the panel found that the U.S.
labeling of "Dolphin Free" tuna did not conform to GATT standards.
This is of course affect many countries including Mexico and
the EC who claims that they have lost a large percentage of
trade due to the tuna bans. While Mexico claims that it has
lost hundreds of millions of dollars in exports, the EC asserts
that its tuna exports to the United States have decreased
its revenue by 4 million European Currency Units.
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