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WTO Sides With Mexico In Tuna Battle With U.S.ff

21 July 2011 United States

Source: Wall Street Journal

The World Trade Organization has sided with Mexico in a two-decade long trade battle with the U.S. over whether Mexico’s tuna fish is “dolphin safe,” Mexican officials said Tuesday.

The U.S. can appeal the decision, taken this month, but the ruling means Mexico is likely to win the appeal by September, Mexico’s National Aquaculture and Fishing Commission said.

The ruling, which had not been made public until Tuesday, brings Mexico one step closer to being able to export yellowfin tuna again after the U.S. essentially barred imports in 1991.

Since 1991, Mexico’s tuna exports to the U.S. have been limited because the U.S. Commerce Department won’t label Mexican tuna as dolphin-safe. But Mexico maintains that although its tuna-catching practices and regulations aren’t as strict as those in the U.S., they do meet international standards.

Nkenge Harmon, a spokeswoman for the U.S. Trade Representative’s office, confirmed that the WTO dispute panel had ruled on the case, but that the report remained confidential.

“The United States will continue to vigorously pursue the objectives of the dolphin-safe labeling provisions,” said Ms. Harmon, adding that the labeling restrictions protect dolphins and provide transparency to consumers.

Both the U.S. and Mexico require onboard inspectors on their tuna vessels during fishing trips and are members of the Inter-American Tropical Tuna Commission, which helps enforce international dolphin-protection standards. But unlike in the U.S., Mexican fleets catch tuna by locating and encircling dolphins, with which yellow-fin tuna often swim. The practice can lead to dolphin deaths.

Environmentalists in Mexico have said large U.S. tuna companies like StarKist and Bumble Bee won’t buy tuna that was caught in association with dolphins, which means that even if Mexico can use the “dolphin-safe” label, the country’s tuna won’t make much headway in the U.S. market.

“It’s more of a political and a trade issue than it is an environmental issue,” said Alejandro Olivera, coordinator of the Oceans Campaign for Greenpeace Mexico. Mr. Olivera said information regarding diminishing populations of tuna in the Pacific has led Greenpeace Mexico to become concerned about the overfishing of tuna rather than that of dolphins.