Secretariat
World Trade Organization
Centre William Rappard
Rue de Lausanne 154
CH - 1211 Geneva 21
Switzerland


Dear Secretary:

     The Society for Marine Mammalogy is an international
scientific organization whose membership conduct research on
marine mammals around the world.  The Society's membership
currently includes approximately 1,400 marine science
professionals and students living and working in North America,
South America, Europe, the South Pacific, Australia, New Zealand, 
Africa, Asia, and elsewhere.

     The Committee of Scientific Advisors to the Board of
Governors of the Society has identified a potential concern for
world trade agreements, such as the General Agreement on Tariffs
and Trade (GATT),  to adversely affect the conservation of marine
mammals, other marine species, and marine ecosystems worldwide.  
Although world trade issues and marine mammals may seem
unrelated, this is in fact not the case.  Marine mammals are a
significant component of ocean ecosystems.  They live in coastal
and offshore waters where many human activities occur. They may
be adversely affected by these activities,  as in the case of
polluted waters or lost habitat, or they may be directly affected
by incidental catches in commercial fishing operations or
collisions with ships.

     A GATT dispute panel convened to rule on Mexico's challenges
to the United States' Marine Mammal Protection Act examined
questions related to the conservation of dolphins involved in the
Eastern Tropical Pacific commercial tuna fisheries, and to
determine whether the provisions of U.S. law were "necessary to
protect dolphin life ad health".   Article XX of the GATT
provides general exceptions from GATT rules for certain kinds of
measures, including measures "necessary to protect human, animal
or plant life of health" (XX(b)) and measures "relating to the
conservation of exhaustible natural resources" (XX(g)), provided
that the measures are neither arbitrary or unjustifiably
discriminatory among States where the same conditions prevail,
and do not represent a disguised restriction on trade.  However,
the report of the Mexico tuna-MMPA panel found that Articles
XX(b) and XX(g) do not permit the use of trade measures to
protect resources outside the exclusive jurisdiction of the State
taking the measure (i.e., the United States of America).  While
we understand that this panel report has not been adopted, it is
generally understood to represent the position of almost all GATT
parties. Our Committee of Scientific Advisors notes that such
decisions are contrary to the basic principle of living resource
conservation: that methods of harvesting or producing a product
that have significant detrimental effects on the environment or
the wildlife species involved should be mitigated or avoided
altogether.  Decisions like that of the Mexico tuna-MMPA panel
could have grave implications for conservation of marine mammal
populations and should be made in consultation with recognized
scientific experts that are knowledgeable in the specific
technical areas under consideration. 

     The Society for Marine Mammalogy believes that the
conservation of marine species and marine ecosystems need not
impede economic prosperity.  However, neither should free trade
activities disadvantage marine species and their habitats. 
Sustainable trade is achievable if scientific advice based on
biological, social, and economic considerations is an integral
part of the development of trade policies and renewable resource
use.  In this way, free trade and the conservation of marine
species can complement each other and achieve economic growth and
ecological stability.

     For this reason, the Society for Marine Mammalogy would like
to encourage member governments of the World Trade Organization
and the Secretariat of the World Trade Organization to seek
expert scientific advice when considering policies and issues in
which free trade may adversely affect marine mammal species,
populations, or marine ecosystems.  The advise and information
from individuals and organizations with direct research
experience on marine mammals and their environment will allow the
World Trade Organization to develop policies that will facilitate
international trade AND be based on reliable scientific
information and sound conservation policy.

     The Society has in its membership many internationally
recognized scientists with expertise on marine mammals, complex
marine environments, and the management of marine species.  In
the future, we would be pleased to provide the World Trade
Organization, or members of its dispute panels, with the names of
scientific experts who would be able to provide information about
marine mammals and marine environments in areas relevant to
specific international trade concerns.


                              Sincerely yours,



                              Jeanette A. Thomas, Ph.D.
                              President