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38 Ocean & Coastal L. Memo 1 (1992)

handle is hein.journals/ocoaslme38 and id is 1 raw text is: Ocean and Coastal Law Memo Issue 38 March 1992 Recent Developments in Ocean and Coastal Law, 1991 International Developments I. GATT Ruling The panel on General Agree- ment on Tariffs and Trade (GATT) ruled against the U.S. on the United States' first trade embargo enforced under the Marine Mammal Protection Act (MMPA) and the Pelly Amend- ment. The embargo was imposed on Mexican and Venezuelan tuna under the MMPA and the Pelly Amendment because both coun- tries exceeded U.S. limits on incidental take of dolphins during tuna operations. The Secretary of Commerce was forced to impose sanctions. See Earth Island Insti- tute v. Mosbacher, 929 F.2d 1449 (9th Cir. 1991), reported in this memo. Under the Pelly Amend- ment, fish product embargoes may be placed on nations engaging in activities that diminish the effectiveness of international conservation agreements. The GATT panel, serving as an international body since 1948, articulates agreed rules for inter- national trade that reduce trade barriers and promote internation- al relations. The GATT panel held that the U.S. embargo acted as a quantitative restriction on importation and violated GATT. The dispute process is still underway and the implications of the GATT ruling are unclear. If the ruling is adopted by GATT members, GATT requires the offending country to announce a schedule to comply with the ruling or, if compliance is impos- sible, compensate the country for the violation. The U.S. Congress has expressed reluctance to amend the MMPA to comply with the ruling. There is also discussion of possibly amending GATT. For an excellent article examining GATT consistency with U.S. fishing laws, see McDorman, The GATT Con- sistency of U.S. Fish Import Embargoes to Stop Driftnet Fishing and Save Whales, Dol- phins, and Turtles, 24 Geo. Wash. J. Int'l L. & Econ. 477-525 (1991). II. High Seas Driftnets A. The WelUington Convention In developments concerning high seas driftnets, the U.S. Senate ratified the Convention for Prohibition of Fishing with Long Driftnets in the South Pacific, commonly known as the Welling- ton Convention. See Convention, opened for signature Nov. 29, 1989, 29 I.L.M. 1449. The Wellington Convention prohibits driftnet fishing in the South Pacific Ocean and further bans transshipments of driftnet catches in waters within the South Pacific. By becoming a party to the Con- vention, the U.S. will prohibit driftnet fishing in all areas of the U.S. Exclusive Economic Zone (EEZ) within the Convention Area and forbid U.S. nationals from fishing with driftnets in the vicinity. The obligation will apply to the U.S. EEZ around Ameri- can Samoa and certain unincorpo- rated U.S. islands. Distributed by: Oregon State University Extension * Sea Grant Program Corvallis OR

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