A constructive critique of the World Trade Organization draft agreement on harmful fisheries subsidies

November 2021 could see members of the World Trade Organization (WTO) reach an agreement to prohibit harmful fisheries subsidies, culminating over 20 years of negotiation and discussion. This commentary highlights strengths and places where the current draft text can be improved to ensure the agreement truly contributes to sustainable and equitable fisheries. Overall, conditionalities and exemptions are better streamlined and defined, time periods to enter into compliance are allowed yet reasonably short, types of subsidies to be particularly avoided are clearly noted, and appropriate emphasis is placed on reducing impacts from distant-water and transboundary fishing fleets. Key places for improvement relate to unspecific language on supporting fisher incomes, the uniform handling of illegal, unreported, and unregulated fisheries (IUU), and transparency in distant water fisheries, issues partly stemming from historical definitions that are useful for some fisheries but may not capture the complexity of others. Capacity-enhancing subsidies should be avoided, and it is important to avoid further negative impacts on marginalized fisher populations. Given the importance of reaching an agreement without further delay, we urge members to proactively and inclusively formalize their fishing definitions and practices to prevent inequitable outcomes for vulnerable fishers during the implementation stage of a new agreement. A WTO agreement to prohibit harmful fisheries subsidies is an opportunity to catalyze the design and funding of improved and cooperative national and international fisheries policy and management strategies, to the benefit of fishers, global seafood production, and indeed all who hold relationships with our oceans.

Automated summary

The potential agreement within the WTO in November 2021 to prohibit harmful fisheries subsidies marks the culmination of over 20 years of negotiation, with strengths and areas for improvement identified in the current draft text. Key areas for improvement include specific provisions to support fisher incomes, uniform handling of IUU fisheries, and transparency in distant water fisheries. Avoiding capacity-enhancing subsidies and preventing further negative impacts on marginalized fisher populations are crucial considerations.