Earth Island Institute’s International Marine Mammal Project (IMMP) has recently received inquiries about the status of Dolphin Safe tuna fishing and a lawsuit alleging that US companies are not abiding by Dolphin Safe tuna fishing practices.
Earth Island has been involved with efforts to protect dolphins for more than three decades and continues to work assiduously for full implementation of strong laws, regulations and policies to ensure that dolphins are protected from indiscriminate fishing operations.
Q. What Does the Dolphin Safe Label Mean?
A. In the United States, the Dolphin Safe label law was enacted in 1990 to address the killing of dolphins associated with the fishing practice of intentionally chasing and purse-seine netting dolphins in order to catch tuna that swim below them.
The predominant area where dolphins have been killed by tuna fishing is in the Eastern Tropical Pacific Ocean (ETP). The reason for this is that the ETP is the area where, for reasons not fully understood, dolphins and yellowfin tuna are often inextricably bonded in mixed schools.
Prior to the US Dolphin Safe law, the international fleet of tuna purse-seiners killed more 100,000 dolphins per year, and this fishing practice endangered the survival of several species of dolphins.
The US Dolphin Safe law permits use of a Dolphin Safe tuna label ONLY for tuna caught without any intentional encirclement of dolphins, and, with later amendments, without any dolphin mortality. It is the strongest Dolphin Safe label law in the world.
The International Marine Mammal Project also asks participating companies to ban shark finning onboard tuna vessels and to release any sharks that are caught by accident in nets.
Q. Are US Tuna Companies Adhering to and Abiding by the Dolphin Safe Label Requirements?
A. Earth Island monitors tuna companies worldwide, and it is very clear that US tuna companies are not purchasing, processing, or selling tuna caught by intentional chase or capture or killing of dolphins.
In addition to global monitoring by Earth Island staff, who inspects vessels, storage units and canneries, tuna fishing operations are also governed by regulations and onboard monitoring established by Regional Fisheries Management Organizations (RFMOs), including the Western & Central Pacific Tuna Commission and the International Commission for the Conservation of Atlantic Tuna. Furthermore, the US National Marine Fisheries Service has detailed regulations with which fishing companies must comply in order to ensure fishing methods that prevent harm to dolphins. US tuna companies are fully abiding by the requirements set forth in Dolphin Safe tuna fishing standards.
Q. What about Tuna Companies Outside of the US?
A. After US establishment of the Dolphin Safe tuna label law, the vast majority of tuna companies around the world agreed to adhere to the same no dolphin encirclement policy. Earth Island currently tracks more than 700 tuna companies worldwide that are in compliance with the Dolphin Safe policy and standards, covering more than 95% of the worldwide canned tuna market.
Unfortunately, some tuna companies in Mexico, Venezuela, and Colombia continue to use the fishing practice of intentional chase and capture of dolphins. None of the tuna products from intentional chase and capture of dolphins are purchased, processed, or sold by any of the US tuna brands.
Most of the world’s largest tuna processing operations are in countries such as Thailand and the Philippines, which prohibit canneries to process tuna not caught in accordance with Dolphin Safe fishing practices.
A small amount of dolphin unsafe tuna does come into the US markets from Mexican tuna companies, with no Dolphin Safe label, from brands such as Dolores, and TUNY, for sale in small grocery stores or discount markets.
Q. How Is the Dolphin Safe Law Enforced?
A. US tuna vessels no longer use the fishing practice of intentional chase and capture of dolphins. All purse seine vessels in the Eastern Tropical Pacific area where the intentional chase and capture fishing practice occurs, have on board observers to monitor the fishing practices being used.
US tuna companies have also ceased purchase of all tuna products from any vessels and companies that still use the intentional chase and capture of dolphins fishing method. The US National Marine Fisheries Service has strict regulations for vessel compliance with Dolphin Safe tuna laws.
By law, no tuna caught by the intentional chase and capture of dolphins is allowed to be sold in the US with a Dolphin Safe label. Additionally, all tuna imported into the US must have documentation of its area of catch, the fishing practices used, and the compliance with laws, including those on dolphin protection. Further, Earth Island Institute regularly monitors tuna canneries in order to verify that they are only purchasing, processing and selling tuna products that are sourced from tuna fishing fleets that employ Dolphin Safe practices. This ensures that the canneries are fully compliant with Dolphin Safe laws and policies.
Q. Is the Dolphin Safe Tuna Label Helping Dolphins?
A. Absolutely. The Dolphin Safe label has had a huge positive impact in the protection of dolphins.
Dolphin mortality in the Eastern Tropical Pacific has been reduced by more than 95% since enactment of Dolphin Safe label laws, preventing the killing of more than 90,000 dolphins per year.
Tuna caught by the relatively few remaining vessels that use destructive fishing practices have lost most markets around the world for their tuna products.
Those who undermine the Dolphin Safe label or claim that it is just a hoax are largely led by the Mexican tuna industry and others who continue to kill thousands of dolphins annually. Buying tuna without a Dolphin Safe label is a good way to guarantee that dolphins were killed in the process of catching that tuna.
Q. What About a Recent Lawsuit Against US Tuna Companies Regarding Dolphin Safe Tuna?
A. A class-action lawsuit was initiated by individuals against the 3 largest US tuna companies.
US Tuna companies are strong supporters of the Dolphin Safe tuna label laws and have indicated that they will fully defend their compliance with Dolphin Safe standards. They believe that allegations in the lawsuit will be proved false.
The US National Marine Fisheries Service continues to support implementation of the US Dolphin Safe Tuna label laws, as well as dolphin protection through the Marine Mammal Protection Act.
Many national environmental organizations strongly supported enactment of the Dolphin Safe tuna label laws, including Earth Island Institute, Humane Society of the US, Defenders of Wildlife, Greenpeace US, and many others. Support for the Dolphin Safe tuna label laws in the US Congress, the environmental community, and the scientific community remains very strong.
Q. What about the World Trade Organization Challenge to the Dolphin Safe Tuna Label?
A. The Mexican Government’s challenge of the Dolphin Safe tuna label at the World Trade Organization (WTO) failed by a final ruling in December, 2018.
After ten years of litigation, the WTO ruled that US Dolphin Safe tuna label law was a legitimate conservation measure. Futhermore, the WTO acknowledged that the US policy of disallowing tuna caught by any setting of nets on dolphins and identified as ‘dolphin safe’ was not a discriminatory trade measure against Mexico.
The WTO ruling validated the positions of the US government and Earth Island Institute that the strong US Dolphin Safe law is important for the protection of dolphins.
Earth Island worked closely with the US Office of the Trade Representative (USTR) to successfully defend the Dolphin Safe label and standards before the WTO, and USTR in turn depended on the extensive research conducted by scientists of the US National Marine Fisheries Service and their work to show that Dolphin Safe tuna fishing is the best protection for dolphins.
For further information on Dolphin Safe tuna and Earth Island’s role in protecting dolphins from tuna nets, go to www.DolphinSafe.org.
Have a question? Email it to immp.eii@earthisland.org.