140 wto document wtctew160rev2 25 april 2003 141 for

Info icon This preview shows pages 35–37. Sign up to view the full content.

View Full Document Right Arrow Icon
140 WTO document WT/CTE/W/160/Rev.2, 25 April 2003. 141 For further information see EPA online information. Available at: http://www.epa.gov/pesticides/ regulating/tolerances.htm.
Image of page 35

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
WT/TPR/S/126 Trade Policy Review Page 67 Environmental and Scientific Affairs (OES), part of the U.S. Department of State 142 ; and the National Oceanic and Atmospheric Administration (NOA), part of the U.S. Department of Commerce. The latter enforces both the Marine Mammal Protection Act (MMPA), to protect marine mammals, including whales, dolphins, seals, and sea lions, and the Endangered Species Act (ESA), which protects all six species of sea turtles in the U.S. 143 5. In 1991, under the MMPA, an import ban was placed on tuna from countries failing to protect dolphins when fishing in the eastern tropical Pacific Ocean. The ban was initially challenged in the GATT in 1991, but the panel report was not adopted. Since 1997, pursuant to the signing of the Agreement on the International Dolphin Conservation Program (AIDCP), the United States has removed its ban on imports of tuna from countries that have the "Dolphin-safe" certification. To obtain such certification, countries must: be a member of the AIDCP; provide evidence that the limits permitted on dolphin mortality have not been exceeded; and be a member, or applying for membership, of the Inter-American Tropical Tuna Commission (IATTC). 144 The Dolphin-safe certification and labelling requirements have been identified as a non-tariff barrier, and raised as a specific trade concern by Brazil, Egypt, Mexico, and Thailand. 6. The import ban in May 2002 applied to Belize, Bolivia, Colombia, El Salvador, Guatemala, Honduras, Nicaragua, Panama, Spain, Vanuatu, and Venezuela, although some of these countries are in the process of completing the requirements for lifting the ban. 145 7. On 21 January 2003, the NOAA announced that the tuna purse-seine industry practice of encircling dolphins to catch tuna has no significantly adverse impact on dolphin populations in the Eastern Tropical Pacific Ocean (ETP). This allowed tuna fishing under Dolphin-safe certification even if dolphins are encircled or chased, as long as no dolphins are injured in the fishing process. 146 The IATTC must nevertheless place inspectors on every boat and no tuna from catches in which a dolphin is killed qualifies for the label. 8. Since 1989, importation of shrimp is prohibited unless harvested in a way considered by the United States not to pose a danger to sea turtles, unless the shrimp was harvested by aquaculture or in cold waters. The corresponding legislation, Section 609 of Public Law 101-162, referring to the Protection of Sea Turtles in Shrimp Trawl Fishing Operations, enacted in 1998, had been the subject of a WTO panel; the Appellate Body found in 1998 that Section 609 was provisionally justified under Article XX(g) of GATT 1994, but was applied in a discriminatory manner.
Image of page 36
Image of page 37
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern