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(Paragraph 19)

(Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

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Page 1: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

(Paragraph 19)

Page 2: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

“There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible fisheries. This is evidenced by recent focus on issues such a

s withdrawal of subsidies, strengthening of use rights, substitution of grants with loans, and costrecovery programmes . . . .”

Committee on Fisheries Supporting Small Scale FisheriesMarch 2005

Page 3: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

“The move to responsible fisheries will in many cases have significant impacts on small-scale fishers. As a result, targeted assistance for small-scale fisheries may be necessary to ease the impacts of this transition.”

Committee on Fisheries Supporting Small Scale FisheriesMarch 2005

Page 4: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

“For example, while subsidies . . . which may lead to over-exploitation should be guarded against, incentives and subsidies should be considered where appropriate but their use requires careful justification and specification of the period over which they are to be used.”

Committee on Fisheries Supporting Small Scale FisheriesMarch 2005

Page 5: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

“Subsidies might be appropriate if they enhance or diversify livelihoods without leading to increased fishing capacity or trade distortions, or are used to facilitate a structural change to assist with the move towards responsible fishing.”

Committee on Fisheries Supporting Small Scale FisheriesMarch 2005

Page 6: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

Promoting Development and Sustainabilityin Fishery Subsidies Disciplines:

An Informal Dialogue on Select Technical IssuesGeneva -- 30 June 2005

Division of Technology, Industry and Economics - Division Technologie, Industrie et Economie - División de tecnologia, industria y economia

Artisanal Fishing:Promoting Poverty Reduction and DevelopmentThrough New WTO Rules on Fisheries Subsidies

Working Draft -- June 2005David K. Schorr

Page 7: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible
Page 8: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

Promoting Development and Sustainabilityin Fishery Subsidies Disciplines:

An Informal Dialogue on Select Technical IssuesGeneva -- 30 June 2005

Division of Technology, Industry and Economics - Division Technologie, Industrie et Economie - División de tecnologia, industria y economia

Artisanal Fishing:Promoting Poverty Reduction and DevelopmentThrough New WTO Rules on Fisheries Subsidies

Working Draft -- June 2005David K. Schorr

Page 9: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

Artisanal Fishing is Important!!

Page 10: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

Artisanal Fishing is Important!!

– Human Importance. . . tens of millions of fishers

. . . tens of millions more working on shore

. . . scores of millions dependent for food

Page 11: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

Artisanal Fishing is Important!!

– Economic Importance. . . 50% of world catch for human consumption

. . . 90% of all fishing jobs

Page 12: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

Artisanal Fishing is Important!!

– Environmental Importance. . . global scale

. . . often dominate near-shore fisheries

. . . sensitive coastal habitats

Page 13: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

Sustainable Development

Page 14: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

Sustainable Development

Page 15: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

Sustainable Development

Poverty & underdevelopment . . .

Page 16: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

Sustainable Development

Poverty & underdevelopment . . .

. . . with room to grow

Page 17: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

Sustainable Development

Poverty & underdevelopment . . .

. . . with room to grow??

Page 18: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

Sustainable Development

Bottom line:

Poverty reduction and development are critical . . .

. . . but strategies (including whether to “grow”) are varied and not always clear.

Page 19: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

Sustainable Development

Page 20: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

Sustainable Development

??

Page 21: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

The “Sustainability Challenge”

• Competition with industrial fleets (domestic and foreign

. . . Small is not always beautiful . . .

Page 22: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

The “Sustainability Challenge”

– Exogenous factors. . . competition with industrial fleets (domestic &

foreign)

. . . degradation of coastal zones (land use)

Page 23: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

The “Sustainability Challenge”

– Endogenous factors. . . population growth

. . . expanding capacity (especially motorization)

. . . in context of inadequate management

. . . shift from subsistence to commerce, including export

Page 24: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

The “Sustainability Challenge”

→ The challenge is real:. . . Experts refer to it

. . . IGOs are concerned with it

. . . Governments are increasingly acknowledging it. . . Including via increased formal management

Page 25: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

The Role of Subsidies

Page 26: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

The Role of Subsidies

- Many artisanal fisheries are subsidized. . . Extent of subsidization is unclear. . . but experts, IGOs, & gov’ts frequently refer to it

(still, no doubt the scale is a small fraction of subsidies to industrial fleets)

Page 27: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

The Role of Subsidies

- Subsidies to artisanal fisheries are varied:

• Vessel / gear modernization (including motorization)• Landing and processing infrastructure (port facilities,

refrigeration,roads/transport)• Export• Fuel• Other inputs (e.g., ice)• Training• Capital (cheap money)

Page 28: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

The Role of Subsidies

- Subsidies are often necessary. . . Positive and important role clear in some cases

. . . Many governments contemplate more subsidies to artisanal fisheries in the future

Page 29: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

The Role of Subsidies

- BUT can also clearly be harmful. . . case studies & reports document harms

. . . IGOs acknowledge the problem

(e.g., overcapacity, IUU)

Page 30: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

The Role of Subsidies

Bottom line . . .

. . the need for balance

Page 31: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

The discussion in the WTO

Page 32: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

The discussion in the WTO

– AF a special case from the beginning

Page 33: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

The discussion in the WTO

– AF a special case from the beginning– Discussion so far has been non-technical

Page 34: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

The discussion in the WTO

– AF a special case from the beginning– Discussion so far has been non-technical– Basic themes

1) “not the focus”

Page 35: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

The discussion in the WTO

– AF a special case from the beginning– Discussion so far has been non-technical– Basic themes

1) “not the focus”. . . shld be excluded from new rules (some say)

. . . shld be given special treatment (others say)

Page 36: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

The discussion in the WTO

– AF a special case from the beginning– Discussion so far has been non-technical– Basic themes

1) “not the focus”. . . shld be excluded from new rules (some say)

. . . shld be given special treatment (others say)

. . . because:- needed and important

- not harmful

Page 37: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

The discussion in the WTO

“not harmful” = ??

Page 38: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

The discussion in the WTO

“not harmful” = ??

1. Will not cause overfishing

2. Will not cause trade distortions

Page 39: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

The discussion in the WTO

“not harmful” = ??

1. Will not cause overfishing

2. Will not cause trade distortions

(see above)

Page 40: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

The discussion in the WTO

“not harmful” = ??

1. Will not cause overfishing

2. Will not cause trade distortions

(see above)

“trade distortion”

“production distortion”

Page 41: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

The discussion in the WTO

“trade distortion”. . . how the pie is divided

-----

“production distortion”. . . shrinks the pie

Page 42: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

The discussion in the WTO

– AF a special case from the beginning– Discussion so far has been non-technical– Basic themes

1) “not the focus”

2) “what’s the definition?”

Page 43: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

The discussion in the WTO

“. . . small-scale fisheries that employed labour intensive harvesting, processing and distribution technologies to exploit marine and inland fishery resources. Such fisheries typically targeted local rather than export markets.”

-----

“small-scale fisheries which are local in nature”

-----

“small-scale coastal fisheries”

Page 44: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

RECAP

1. Artisanal fisheries are important

2. Sustainability is a problem

3. Careful subsidies policies are needed

4. The issue is heating up in WTO, but with more questions than answers so far

Page 45: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

RECAP

1. Artisanal fisheries are important

2. Sustainability is a problem

3. Careful subsidies policies are needed

4. The issue is heating up in WTO, but more questions than answers so far

NOW WHAT?NOW WHAT?

Page 46: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

The Definition Debate

Page 47: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

The Definition Debate

– There is no single definition that is both universal and precise

Page 48: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

The Definition Debate

– There is no single definition that is both universal and precise

– The term is used alongside “small scale” and “traditional”

. . . Sometimes synonyms, sometimes not

Page 49: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

The Definition Debate

– There is no single definition that is both universal and precise

– The term is used alongside “small scale” and “traditional”

– But there are some frequently recurring elements . . .

Page 50: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

Category Definitional Elements Typical Examples

Physical Attributes Vessel type Canoe, dory

Vessel size Short (e.g., < 10m); light

Vessel motor Unmotorized or small engine

Pattern of Fishing Fishing gear/technique Manual or small nets; passive; low tech

Location of land base Rural

Location of fishery In-shore

Target type Multi-species

Social Structure Of fishery Traditional (clan or community)

Of fishing enterprise Family crew, owner on board

Economic Condition

Market orientation Direct consumption or local market

Income level Subsistence or very poor

Table 1 — Elements of a Definition of “Artisanal Fishing”

Page 51: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

Category Definitional Elements Typical Examples

Physical Attributes Vessel type Canoe, dory . . . or a trawler . . .

Vessel size Short (e.g., < 10m); light . . . or big . . .

Vessel motor Unmotorized or small engine …or powerful …

Pattern of Fishing Fishing gear/technique Manual or small nets; passive; low tech . . . or using GSP, winches, sonor . . .

Location of land base Rural . . . or city-based . . .

Location of fishery In-shore . . . or off-shore . . .

Target type Multi-species . . . or single species . . .

Social Structure Of fishery Traditional (clan or community) . . . or corporate . . .

Of fishing enterprise Family crew, owner on board . . .

Economic Condition

Market orientation Direct consumption or local market . . .

Income level Subsistence or very poor . . .

Table 1 — Elements of a Definition of “Artisanal Fishing”

Page 52: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

Category Definitional Elements Typical Examples

Physical Attributes Vessel type Canoe, dory . . . or a trawler . . .

Vessel size Short (e.g., < 10m); light . . . or big . . .

Vessel motor Unmotorized or small engine …or powerful …

Pattern of Fishing Fishing gear/technique Manual or small nets; passive; low tech . . . or using GSP, winches, sonor . . .

Location of land base Rural . . . or city-based . . .

Location of fishery In-shore . . . or off-shore . . .

Target type Multi-species . . . or single species . . .

Social Structure Of fishery Traditional (clan or community) . . . or corporate . . .

Of fishing enterprise Family crew, owner on board . . .

Economic Condition

Market orientation Direct consumption or local market . . .

Income level Subsistence or very poor . . .

Table 1 — Elements of a Definition of “Artisanal Fishing”

““Industrial A

rtisanal F

ishing”??

Industrial A

rtisanal F

ishing”??

Page 53: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

The Definition Debate

– There is no single definition that is both universal and precise

– The term is used alongside “small scale” and “traditional”

– But there are some frequently recurring elements . . . applied in contradictory ways

Page 54: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

The Definition Debate

– There is no single definition that is both universal and precise

– The term is used alongside “small scale” and “traditional”

– But there are some frequently recurring elements . . . applied in contradictory ways

– And . . . It’s not clear whether developed country fisheries are included

Page 55: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

The Definition Debate

Bottom line:

WTO needs its own definition

. . . tailored to its needs

. . . while avoiding loopholes

Page 56: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

The Definition Debate

Bottom line:

WTO needs its own definition

. . . tailored to its needs

. . . while avoiding loopholes

BUT HOW?BUT HOW?

Page 57: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

Why Subsidize AF?

Page 58: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

Why Subsidize AF?

(i.e., for reasons related to artisanal nature per se . . .)

Page 59: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

Why Subsidize AF?

– Three basic motives?• Poverty reduction• Development• Cultural preservation

Page 60: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

Why Subsidize AF?

– Three basic motives?• Poverty reduction

“the removal or prevention of extreme deprivation, or (in positive terms) the granting of assistance to meet basic human needs”

Page 61: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

Why Subsidize AF?

– Three basic motives?• Poverty reduction• Development

“socio-economic transformation of a community or productive sector through technological improvements, increased education, and multiplication of personal and economic options”

Page 62: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

Why Subsidize AF?

– Three basic motives?• Poverty reduction• Development

“socio-economic transformation of a community or productive sector through technological improvements, increased education, and multiplication of personal and economic options”

. . . Difficult to separate from poverty reduction?

Page 63: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

Why Subsidize AF?

– Three basic motives?• Poverty reduction• Development

= changing patterns of fishing . . .

» . . . expanding (?)» . . . increasing efficiency (?)

Page 64: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

Why Subsidize AF?

– Three basic motives?• Poverty reduction• Development

= changing patterns of fishing . . .

» . . . expanding (?)» . . . increasing efficiency (?)

inevitable sustainability concerns

Page 65: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

Why Subsidize AF?

– Three basic motives?• Poverty reduction• Development• Cultural preservation

“the maintenance of particular cultures, lifestyles, and communities in the face of market pressures that would otherwise injure or even doom them.

Page 66: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

Why Subsidize AF?

Are these correct?

Are they helpful?

Page 67: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

– A narrow definition could focus on poverty reduction and development

• Emphasize poverty and/or subsistence economic patterns;• Emphasize very small vessels and/or vessels with small or

no engines;• Emphasize low technology and high labor-intensitivity;• Emphasize fishing very close to shore

– BUT . . .• Export?• Developed countries?

Practical Implications

Page 68: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

Practical Implications

– A narrow definition could focus on poverty reduction and development

• Emphasize poverty and/or subsistence economic patterns;• Emphasize very small vessels and/or vessels with small or

no engines;• Emphasize low technology and high labor-intensitivity;• Emphasize fishing very close to shore

– BUT . . .• Export?• Developed countries?

Page 69: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

Practical Implications

Nevertheless . . . the sustainability problem remains real . . .

Page 70: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

Practical Implications

Nevertheless . . . the sustainability problem remains real . . .

must go beyond definition

Rules to prevent unsustainable production distortions are needed

Page 71: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

Practical Implications

Nevertheless . . . the sustainability problem remains real . . .

must go beyond definition

Rules to prevent unsustainable production distortions are needed

BUT HOW?BUT HOW?

Page 72: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

Striking the Balance

Page 73: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

Striking the Balance

– Distinguish classes of subsidies (to allow rules to concentrate on most dangerous)

– Impose substantive conditions (fisheries context)

– Impose procedural conditions(common WTO devices)

Page 74: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

Striking the Balance

Distinguish classes of subsidies

→ Table 2

Page 75: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

Poverty alleviation Community/social development

Cultural conservation

Risk of Production Distortion

Risk of Trade

Distortion

Risk of Production Distortion

Risk of Trade

Distortion

Risk of Production Distortion

Risk of Trade

Distortion

Vessel / gear modernization

-- -- High Med Med Med

Land-based infrastructure

Low Low Med Med Low Med

Export Med Low High High Med High

Fuel Low Low High Med Med Med

Other inputs Low Low High Med Low Med

Training Low Low Med Low Low Low

Capital Med Low Med Med Low Med

Table 2: Possible Risks of Distortion to Production or Trade

Page 76: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

Striking the Balance

Substantive conditions related to fisheries management context

. . . e.g., “patently at risk”

Page 77: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

Striking the Balance

Substantive conditions related to fisheries management context

. . . e.g., “patently at risk”

→ the thin green line

Page 78: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

Striking the Balance

Substantive conditions related to fisheries management context

. . . e.g., “patently at risk”

Special problems for AF?Special problems for AF?

Page 79: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

Striking the Balance

“Patently at risk” is about facts:

- fish facts / fleet facts (physical)

- legal facts / institutional facts (juridical)

Page 80: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

Striking the Balance

“Patently at risk” looks to facts:

- fish facts / fleet facts (physical)

- legal facts / institutional facts (juridical)

Special problems for AF?Special problems for AF?

Page 81: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

Striking the Balance

“Patently at risk” looks to facts:

- fish facts / fleet facts (physical)

- legal facts / institutional facts (juridical)

Special problems for AF?Special problems for AF?

Data limitsData limits (don’t know “what’s out there”)(don’t know “what’s out there”)

Page 82: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

Striking the Balance

“Patently at risk” looks to facts:

- fish facts / fleet facts (physical)

- legal facts / institutional facts (juridical)

Special problems for AF?Special problems for AF?

Data limitsData limits (don’t know “what’s out there”)(don’t know “what’s out there”)

Informal managementInformal management(social, not juridical, organization)(social, not juridical, organization)

Page 83: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

Striking the Balance

. . . Basic problem is sequencing . . .

“right” environmental answer is . . . data and effective management

first

but . . . may not be realistic . . .

Page 84: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

Striking the Balance

. . . e.g., for “high risk” subsidies, require:

- parallel investments in management

or

- phase in management context requirements

But beware extremes: should subsidies be allowed in any fishery with zero data or management?

Balanced sequencing?Balanced sequencing?

Page 85: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

Striking the Balance

. . . e.g., for “high risk” subsidies, require:

- parallel investments in management

or

- phase in management context requirements

But beware extremes: should subsidies be allowed in any fishery with zero data or management?

Balanced sequencing?Balanced sequencing?

Page 86: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

Striking the Balance

Procedural conditions: • Notification requirements• Distribution of the burdens of proof• Adjustment of types of remedies available

Page 87: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

Bottom Bottom Line

1.Narrowly define “AF”, based on clear goals (poverty & development?)

2.Recognize continuing need for sustainability criteria

3.Limit criteria to “high risk” subsidies

4.Impose substantive conditions, considering sequencing

5.Make good use of standard procedural tools to strike a good balance

Page 88: (Paragraph 19). “There are moves towards greater ‘market discipline’ in the [small scale] sector as a way of contributing towards a transition to responsible

Promoting Development and Sustainabilityin Fishery Subsidies Disciplines:

An Informal Dialogue on Select Technical IssuesGeneva -- 30 June 2005

Division of Technology, Industry and Economics - Division Technologie, Industrie et Economie - División de tecnologia, industria y economia

Artisanal Fishing:Promoting Poverty Reduction and DevelopmentThrough New WTO Rules on Fisheries Subsidies

Working Draft -- June 2005David K. Schorr