What is behind the "Dolphin Safe" tuna label?

Since 1959, tuna fishermen in the Eastern Tropical Pacific have taken advantage of the tuna-dolphin association: they encircle groups of dolphins and capture tuna found below them. This technique caused a great deal of concern in the 1970s due to the high dolphin death rate associated with it.

In 1979, the Inter-American Tropical Tuna Commission (IATTC) set up a system to raise awareness of the problem among fishermen in order to develop methods to avoid dolphin deaths associated with the tuna fishery. In 1990, the United States introduced the "Dolphin Safe" label to mark tuna that had been caught without following and capturing dolphins. These initiatives have had the effect of lowering dolphin mortality associated to the tuna fishery by 98% in the Eastern Tropical Pacific since 1990.

Between 1988 and 1994, the United States also imposed embargoes on different tuna-fishing countries that still used the encircling technique, such as Mexico and certain Central American countries. These embargoes were declared to be contrary to the General Agreement on Trade and Tariffs (GATT). As well, the alternative techniques used by the American fleet since 1992 to avoid encircling dolphins were shown to have very negative impacts on various marine species including juvenile tuna, sharks and marine turtles. As a result of international agreements, the United States was forced to lift embargoes and change the definition of "Dolphin Safe" if no dolphins were killed or seriously wounded while fishing for tuna.

Two court decisions in 2001 forced the United States to modify this agreement: lifting of the embargoes will be possible, however "Dolphin Safe" labelling remains as it was. This means that all countries that respect the rules of the International Dolphin Protection Program would be able to export tuna to the United States. However, this tuna can not be labelled "Dolphin Safe" unless it was caught without encircling dolphins.

According to the National Marine Fisheries Service (NMFS), opening the American market to these tuna exporting countries is one of the key elements in ensuring their cooperation in the International Dolphin Protection Program. Easing of the conditions for “Dolphin Safe” labelling are another element of this process.

The definition of “Dolphin Safe” remained controversial in 2003. On December 21, 2002, the NMFS submitted a report demonstrating that dolphin encircling techniques used in fishing for tuna did not harm dolphin populations. The Bush administration therefore decided that the easing of “Dolphin Safe” labelling conditions could go forward. According to the new definition, tuna can be labelled “Dolphin Safe” even if dolphins were encircled when it was caught if onboard observers certify that no dolphins were killed or seriously injured.

Following this decision, environmental groups once again began legal proceedings against the American government. It should be noted that one month earlier, the invironmental group Earth Island Institute had denounced another NMFS report, this one unpublished, in which the conclusions were quite different. This report concluded that encircling techniques had negative effects on the recovery of dolphin populations due to stress on the animals and the death of numerous young dolphins caught in nets. In April of 2003, a judge demanded that the original definition of “Dolphin Safe” be upheld until results of the proceedings be determined.

The definition of “Dolphin Safe” labelling is still not unanimous, even within environmental groups. To be continued…

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Additional information regarding the tuna/dolphin programme can be found on the NOAA Fisheries website.