Is there any way for the US not to discriminate against foreign tuna with its dolphin safe labeling laws? In the context of the WTO Tuna decision and possible implementation alternatives, some members of Congress seem to think this will be difficult:
The WTO decision, in contrast, would require the US, in order to avoid alleged unfairness to Mexico, to enforce requirements in other tuna fisheries outside the eastern tropical Pacific that are not needed, since Dolphins practically never associate with tuna schools in these other areas. This absurd requirement would push other tuna fishing nations to object in the WTO against the US that this regulation is more trade restrictive than is warranted. ...
... The implication of the recent WTO ruling, in contrast, is that the US should expend significant regulatory resources around the globe in an untargeted fashion, or alternatively, that imports from Mexico could utilize dolphin safe labels without having to meet the same requirements as tuna caught by US or other nations' fleets. Neither result is acceptable, and "complying" in either way simply invites further costly WTO litigation from other nations, not to mention serious disruption of the canned tuna market in the US and loss of consumer confidence in environmental laws and labels.
Will any implementation action taken by the US be challenged by another WTO member?