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Trade Policy Note Final-rev08 - Development

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also enshrined in the Code of Conduct for Responsible Fisheries, particularly Articles<br />

6 and 11 (FAO 2004). Environmental regulations (e.g. shrimp/turtle issue) are also<br />

serious barriers for small fishermen. Voluntary eco-labeling schemes, designed to<br />

promote sustainable fisheries can also be a barrier as small scale fishermen are<br />

usually unable to organize so as to qualify.<br />

Box 21: Examples of How SPS Can Penalize the Poor<br />

From a small-scale fisheries perspective, in addition to the cost aspects, one of the main<br />

problems in adopting a HACCP plan would be the difficulty in implementing such a plan at<br />

the level of fish catch, especially for beach landing fishing units like kattumaram and canoes,<br />

for example, in India. According to EU and US standards, fish need to be stored in ice or to<br />

be kept in frozen storage as soon as they are harvested. Storage of fish in iceboxes would be<br />

difficult on board traditional fishing craft like kattumaram, which is made of lashed logs. Yet,<br />

many kattumaram using long lining and bottom set gillnets are used for catching fish for the<br />

export market. Strict implementation of HACCP plans could result in small producers which<br />

use such fishing craft being excluded from the export market.<br />

On reaching the fishing harbour or landing centre, traditional fishers are expected to handle<br />

fish for export markets without exposing them to the beach-sand as a result of the fish<br />

handling standards of import markets. Many of the fishing villages that harvest fish, shrimp<br />

and cephalopods for the export market have only the beach for la nding their catch and it<br />

would be difficult for them to comply with a HACCP plan unless they invest in iceboxes and<br />

maintain them in a hygienic manner.<br />

While tariff escalation is a significant barrier, sanitary and environmental regulations<br />

pose the greatest barrier facing the entry of small fishermen in the world market as<br />

non-tariff barriers. These can be addressed at the multilateral level through negotiated<br />

improvements in the WTO SPS Agreement relating to equivalence of standards, and<br />

rules governing the use of eco-labeling. However, action is required at the bilateral<br />

level to provide financial and technical assistance and facilities to enable poor<br />

fishermen to meet national regulations of the importing country.<br />

A number of Multilateral Environmenta l Agreements are aimed at preventing the<br />

depletion of fishery resources, particularly of migratory species. Some of these have<br />

trade provisions. It is important to ensure that the provisions of the WTO or FTAs<br />

cannot be used to frustrate the effective implementation of these MEAs.<br />

Developing countries are legislating to protect the interests of small fishermen,<br />

particularly by reducing capture of fish in EEZ waters and reserving portions of<br />

territorial waters for small fishermen. 137 Credit facilities to assist poor people to<br />

construct aquaculture facilities and export to world markets also provide strong<br />

support to poor fishermen. Measures to support the processing of fish products before<br />

export can also increase incomes and provide additional employment opportunities in<br />

this sector.<br />

137 See Mathew, Sebastian, <strong>Trade</strong> in Fisheries and Human <strong>Development</strong> in India, UNDP Asia <strong>Trade</strong><br />

Initiative on <strong>Trade</strong> and Human <strong>Development</strong>, Phase 1, technical support document (Hanoi: 2003)<br />

(available at www.undprcc.lk/Publications/Publications.asp?C=4 ).<br />

69

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