Mexico and Venezuela Reject Dolphin-Safe Provisions

by Mark J. Palmer
International Marine Mammal Project

SAN DIEGO - Only six weeks after President Clinton signed legislation to abandon US embargoes against dolphin-deadly tuna, Mexico and Venezuela aggressively reneged on pledges to develop a meaningful international agreement to protect dolphins.

Anti-embargo forces argued that the US should depend on multilateral action to obtain binding international dolphin protection agreements rather than rely on unilateral trade sanctions. Unfortunately, Mexico and Venezuela's rejection of the US State Department draft agreement has too strict, has knocked negotiators back to square one.

Part of the problem was that the original US draft agreement was weak and vague. Had the draft pushed for a rigorous protection plan, compromise might still have resulted in a strong dolphin protection agreement.

While the draft proposed reducing dolphin deaths in the fishery and reducing bycatch of non-target species like sharks and billfish, the text did not indicate any mechanism to accomplish these goals. The text referred only superficially to enforcement provisions (fines and other sanctions against boat captains who harm dolphins) recommended by the International Review Panel of the Inter-American Tropical Tuna Commission (IATTC).

At the October 1997 IATTC negotiating meeting in San Diego, fishery agency delegates from Mexico and Venezuela were unwilling to accept even this watered-down US draft. Despite their pledge in the 1995 "Panama Declaration" to reduce dolphin kills during tuna fishing operations, Mexico and Venezuela argued for maintaining a steady level of dolphin mortality - in perpetuity. They further rejected all specific language surrounding bycatch reduction and penalties for violations by boat captains.

A major bone of contention between the US and Mexican delegations was the issue of dolphin mortality limits (DMLs). DMLs define how many dolphins can be killed during tuna fishing. Mexico insisted on nation-by-nation limits while the US favored DMLs for individual vessels. A tentative compromise requires individual DMLs, but allows the owners of vessels that kill too many dolphins to obtain unused DMLs from other boat owners. Earth Island and other environmental groups strongly oppose the plan. Swapping DMLs is reminiscent of the trade in "pollution credits" that allows wealthy industries to purchase "right" to pollute the air. Permitting a trade in DMLs does nothing but legitimize a trade in dolphin deaths.

No consensus was reached during the four-day IATTC meeting. The next meeting of the fishing nations is scheduled for February 1998 in Cancun, Mexico. In the meantime, negotiations are proceeding by mail.

The performance of the Mexican and Venezuelan delegations was a disappointing surprise to those few environmental organizations (primarily Greenpeace and the Center for Marine Conservation) who backed the effort to overturn US dolphin-safe laws. Earth Island hopes these organizations now will join us in lobbying for a strong international agreement to protect dolphin with effective enforcement and bycatch provisions.

Thanks to the efforts of EII and the 85 member-organizations of the Dolphin Safe/Fair Trade Campaign, the US legislation was compelled to disallow tuna imports from these fishing nations until an international dolphin protection agreement is completed and set in motion.

Mexico, Venezuela and other nations should be encouraged to adopt dolphin-safe fishing methods that eliminate the use of encircling purse-seine nets on schools of dolphins to catch the tuna that swim beneath. No country should be allowed to stonewall international accords in the name of "free trade" and sell tuna, stained by the blood of dolphins, on international markets.

What You Can Do: President Bill Clinton pledged to replace the US dolphin-deadly tuna embargo with a binding international agreement to protect dolphins. Hold him to his word. Write The White House, 1600 Pennsylvania Ave., Washington, DC 20500 and urge him to require Mexico and Venezuela to reduce dolphin deaths and abandon the use of purse-seine nets. If you are a member of Greenpeace or the Center for Marine Conservation, urge these groups to join EII in supporting international agreements that truly protect dolphins and other marine species.