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Tuna-Dolphin GATT Case (I and II)
The General Agreement on Tariffs and Trade (GATT) Tuna-Dolphin I and Tuna-Dolphin II disputes, were two cases involving United States embargoes on yellowfin tuna and yellowfin tuna products imported from Mexico and other countries, that use purse seine fishing methods which have resulted in a high number of dolphin kills.
== History of Tuna-Dolphin I Case ==
The history of "purse seine" net fishing for yellowfin tuna has been the preferred fishing technology of choice for many parts of the world over the last three decades. This type of fishing involves the use of two boats, the primary fishing vessel, and the "seine skiff" motorboat. Once the school of fish is located, the seine skiff goes out and encircles the school and deploys a net around the perimeter to capture the fish and returns to the main fishing vessel to complete the circle at the end of the net. Once this happens the net is reeled in with cables and the entire contents are gathered into the fishing vessel for processing. The problem with this type of fishing is the indirect catch and killing of many dolphins. This is due to the tendency of these dolphins to swim above schools of yellowfin tuna which occurs in the ETP Eastern Tropical Pacific Ocean. In fact this tends to be the way that many fishermen will locate schools of tuna, by simply observing the dolphins on the surface. So, the issue becomes that in the ETP many fishermen are intentionally encircling these dolphins in order to get to the tuna below resulting in mass casualties and drowning of dolphins. There are methods however which can reduce this bycatch of dolphins and reduce the mortality rate for these animals. Dolphin casualties in the ETP Ocean have led to the initial ban on tuna imports from Mexico which have been harvested using this controversial purse sein fishing technique. According to NOAA, since the 1950s there have been approximately 6 million incidental dolphin kills.〔(【引用サイトリンク】url=http://swfsc.noaa.gov/textblock.aspx?Division=PRD&ParentMenuId=228&id=1408 )〕
The controversy and initial ban of (Dolphin Tuna I case) on United States tuna imports from Mexico was based on the "taking" prohibition in the "MMPA" Marine Mammal Protection Act of 1972. The MMPA of 1972 requires a general prohibition on "taking" and importation into the United States of marine mammals including (harassment, hunting, killing, capture, or any attempts thereof) unless explicitly authorized. The goal of this Act being that reducing incidental kill and injury rates of marine mammals by commercial fishermen. The provisions in the MMPA are applicable to tuna caught in the ETP off the coast of North, Central and South America. Specifically these rules apply to the taking of marine mammals incidental to the harvest of yellowfin tuna as well as the importation of said yellowfin tuna harvested in the ETP. This rule is enforced by the NMFS National Marine Fisheries Service, while the importation is enforced by the United States Custom Service.〔(【引用サイトリンク】url=http://www.worldtradelaw.net/reports/gattpanels/tunadolphinI.pdf )〕
As clearly stated in Section 101(a)(2) of the MMPA "The Secretary of Treasury shall ban the importation of commercial fish or fish products which have been caught with commercial fishing technology which results in the incidental kill or serious injury of ocean mammals in excess of United States standards". According to Section 101(a)(2)(B), the importation of yellowtail tuna harvested using purse seine nets in the ETP is prohibited unless the government of the importing country can show that it has a program comparable to the average rate of taking in United States for reducing marine mammal bycatch. It is on the burden of the country requesting a finding and they must show through documentary evidence that taking rates are comparable. Under Section 101(a)(2)(B) of MMPA there are special prerequisites for determining average incidental taking rates as comparable to those subjected of the United States commercial fleets. The average incidental taking rate (meaning dolphins killed as purse sein nets are deployed) for any country's tuna fleet may not exceed 1.25 the average taking rate of US vessels in the same period. Furthermore, species of Eastern Spinner Dolphins and coastal spotted dolphins for one year may not exceed 15% and 2% for these species comparable to US fleets.〔
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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