United States – Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products (US–Tuna II (Mexico) (Recourse to Article 21.5 of the DSU by the United States / Second Recourse to Article 21.5 of the DSU by Mexico), DS381

These compliance proceedings concern a second revised measure adopted by the United States regarding the labelling of dolphin-safe tuna products (the 2016 Tuna Measure). The 2016 Tuna Measure places three types of conditions on the use of the dolphin-safe label: (i) conditions relating to the automatic disqualification of certain tuna products (eligibility criteria); (ii) conditions relating to certifications (certification requirements); and (iii) conditions relating to record keeping and segregation of dolphin-safe and non-dolphin-safe tuna (tracking and verification requirements). Regarding the eligibility criteria, tuna harvested using large-scale driftnets on the high seas and tuna products containing tuna harvested by setting on dolphins anywhere in the world are automatically disqualified for the dolphin-safe label. Regarding the certification and tracking/verification requirements, the 2016 Tuna Measure makes a distinction between the Eastern Tropical Pacific Ocean (ETP) large purse seine fishery, on the one hand, and all other fisheries, on the other hand.