Multilateral Treaty on Fisheries and Related Amendments (Ratification) Act

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An Act to provide for the ratification of the Treaty and Related Amendments on Fisheries between the Governments of certain Pacific Island States and the Government of the United States of America.

The Treaty and Related Amendments on Fisheries between the Governments of certain Pacific Island States and the Government of the United States of America is ratified.

TREATY ON FISHERIES BETWEEN THE GOVERNMENTS OF CERTAIN PACIFIC ISLAND STATES AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA

THE GOVERNMENTS OF THE PACIFIC ISLAND STATES party to this Treaty and the Government of the United States of America:

ACKNOWLEDGING that in accordance with international law, coastal States have sovereign rights for the purposes of exploring and exploiting, conserving and managing the fisheries resources of their exclusive economic zones or fisheries zones;

RECOGNISING the strong dependence of the Pacific Island parties on fisheries resources and the importance of the continued abundance of those resources;

BEARING IN MIND that some species of fish are found within and beyond the jurisdiction of any of the parties and range throughout a broad region; and

DESIRING to maximize benefits flowing from the development of the fisheries resources within the exclusive economic zones or fisheries zones of the Pacific Island parties;

NOTING with satisfaction the successful conclusion of the Convention for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean.

(a) "Administrator" means that person or organisation designated by the Pacific Island parties to act as such on their behalf pursuant to this Treaty and notified to the Government of the United States;

(b) "Convention" means the Convention for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean;

(iii) engaging in any other activity which can reasonably be expected to result in the locating, catching, taking or harvesting of fish;

(iv) placing, searching for or recovering fish aggregating devices or associated electronic equipment such as radio beacons;

(v) any operations at sea directly in support of, or in preparation for any activity described in this paragraph; or

(vi) aircraft use, relating to the activities described in this paragraph except for flights in emergencies involving the health or safety of crew members or the safety of a vessel;

(d) "fishing vessel of the United States" or "vessel" means any boat, ship or other craft which is used for, equipped to be used for, or of a type normally used for commercial fishing, which is documented under the laws of the United States;

(i) waters subject to the jurisdiction of the United States in accordance with international law; and

(ii) waters closed to fishing by fishing vessels of the United States in accordance with Annex I;

(f) "operator" means any person who is in charge of, directs or controls a vessel, including the owner, charterer and master;

(g) "Pacific Island party" means a Pacific Island State party to this Treaty and "Pacific Island parties" means all such States from time to time;

(h) "Pacific Island State" means a party to the South Pacific Forum Fisheries Agency Convention, 1979;

(i) "party" means a State party to this Treaty, and "parties" means all such States, from time to time;

(k) "Treaty Area" means all waters north of 60 degrees South latitude and east of 90 degrees East longitude, subject to the fisheries jurisdiction of Pacific Island parties, and all other waters within rhumb lines connecting the following geographic co-ordinates, designated for the purposes of this Treaty, except for waters subject to the jurisdiction in accordance with international law of a State which is not a party to this Treaty:

2o35'39"S	141o00'00"E
1o01'35"N	140o48'35"E
1o01'35"N	129o30'00"E
10o00'00"N	129o30'00"E
14o00'00"N	140o00'00"E
14o00'00"N	142o00'00"E
12o30'00"N	142o00'00"E
12o30'00"N	158o00'00"E
15o00'00"N	158o00'00"E
15o00'00"N	165o00'00"E
18o00'00"N	165o00'00"E
18o00'00"N	174o00'00"E
12o00'00"N	174o00'00"E
12o00'00"N	176o00'00"E
5o00'00"N	176o00'00"E
1o00'00"N	180o00'00"
1o00'00"N	164o00'00"W
8o00'00"N	164o00'00"W
8o00'00"N	158o00'00"W
0o00'00"	150o00'00"W
6o00'00"S	150o00'00"W
6o00'00"S	146o00'00"W
12o00'00"S	146o00'00"W
26o00'00"S	157o00'00"W
26o00'00"S	174o00'00"W
40o00'00"S	174o00'00"W
40o00'00"S	171o00'00"W
46o00'00"S	171o00'00"W
55o00'00"S	180o00'00"
59o00'00"S	160o00'00"E
59o00'00"S	152o00'00"E

and north along the 152 degrees of East longitude until intersecting the Australian 200 nautical mile limit.

1.2 Nothing in this Treaty shall be deemed to affect the applicability of any provision of a Pacific Island party's law which is not identified or otherwise described in this Treaty.

2.1 The Government of the United States shall, as appropriate, co-operate with the Pacific Island parties through the provision of technical and economic support to assist the Pacific Island parties to achieve the objective of maximizing benefits from the development of their fisheries resources.

2.2 The Government of the United States shall, as appropriate, promote the maximization of benefits generated for the Pacific Island parties from the operations of fishing vessels of the United States licensed pursuant to this Treaty, including:

(a) the use of canning, transshipment, slipping and repair facilities located in the Pacific Island parties;

(b) the purchase of equipment and supplies, including fuel supplies, from suppliers located in the Pacific Island parties; and

3.1 Fishing vessels of the United States shall be permitted to engage in fishing in the Licensing Area in accordance with the terms and conditions referred to in Annex I and licences issued in accordance with the procedures set out in Annex II.

3.2 It shall be a condition of any licence issued pursuant to this Treaty that the vessel in respect of which the licence is issued is operated in accordance with the requirements of Annex I. No fishing vessel of the United States shall be used for fishing in the Licensing Area without a licence issued in accordance with Annex II or in waters closed to fishing pursuant to Annex I, except in accordance with paragraph 3 of this Article, or unless the vessel is used for fishing albacore tuna by the trolling method in high seas areas of the Treaty Area.

3.3 A Pacific Island party may permit fishing vessels of the United States to engage in fishing in waters under the jurisdiction of that party which are:

(b) except for purse seine vessels, within the Licensing Area but otherwise than in accordance with the terms and conditions referred to in Annex I,

in accordance with such terms and conditions as may be agreed from time to time with the owners of the said vessels or their representatives. In such a case, if the Pacific Island party gives notice to the Government of the United States of such arrangements, and if the Government of the United States concurs, the procedures of Articles 4 and 5.6 shall be applicable to such arrangements.

4.1 The Government of the United States shall enforce the provisions of this Treaty and licences issued thereunder. The Government of the United States shall take the necessary steps to ensure that nationals and fishing vessels of the United States refrain from fishing in the Licensing Area and in waters closed to fishing pursuant to Annex I, except as authorised in accordance with Article 3.

4.2 The Government of the United States shall, at the request of the Government of a Pacific Island party, take all reasonable measures to assist that party in the investigation of an alleged breach of this Treaty by a fishing vessel of the United States and promptly communicate all the requested information to that party.

(a) each fishing vessel of the United States licensed pursuant to this Treaty is fully insured against all risks and liabilities;

(i) any claim arising out of the activities of a fishing vessel of the United States, including a claim for the total market value of any fish taken from the Licensing Area without authorisation pursuant to this Treaty, and the prompt settlement of that claim;

(ii) the service of legal process by or on behalf of a national or the Government of a Pacific Island party in any action arising out of the activities of a fishing vessel of the United States;

(iii) the prompt and full adjudication in the United States of any claim made pursuant to this Treaty;

(iv) the prompt and full satisfaction of any final judgment or other final determination made pursuant to this Treaty; and

(v) the provision of a reasonable level of financial assurances, if, after consultation with the Government of the United States, all Pacific Island parties agree that the collection of any civil or criminal judgment or judgments or determination or determinations made pursuant to this Treaty has become a serious enforcement problem;

(c) an amount equivalent to the total value of any forfeiture, fine, penalty or other amount collected by the Government of the United States incurred as a result of any actions, judicial or otherwise, taken pursuant to this Article is paid to the Administrator as soon as possible following the date that the amount is collected.

4.4 The Government of the United States shall, at the request of the Government of a Pacific Island party, fully investigate any alleged infringement of this Treaty involving a vessel of the United States, and report as soon as practicable and in any case within two months to that Government on that investigation and on any action taken or proposed to be taken by the Government of the United States in relation to the alleged infringement.

4.5 In the event that a report provided pursuant to paragraph 4 of this Article shows that a fishing vessel of the United States:

(a) while fishing in the Licensing Area did not have a licence to fish in the Licensing Area, except in accordance with paragraph 2 of Article 3; or

(b) was involved in any incident in which an authorised officer or observer was allegedly assaulted with resultant bodily harm, physically threatened, forcefully resisted, refused boarding or subjected to physical intimidation or physical interference in the performance of his or her duties as authorised pursuant to this Treaty; or

that there was probable cause to believe that a fishing vessel of the United States:

(c) was used for fishing in waters closed to fishing pursuant to Annex I, except as authorised in accordance with paragraph 3 of Article 3;

(d) was used for fishing by any method other than the purse seine method, except in accordance with paragraph 2 of Article 3;

(e) was used for directed fishing for Southern Bluefin Tuna or for fishing for any kinds of fish other than tunas, except that other kinds of fish may be caught as an incidental by-catch;

(f) used an aircraft for fishing which was not identified on a form provided pursuant to Schedule 1 of Annex II in relation to that vessel; or

(g) was involved in an incident in which evidence which otherwise could have been used in proceedings concerning the vessel has been intentionally destroyed;

and that such vessel has not submitted to the jurisdiction of the Pacific Island party concerned, the Government of the United States shall, at the request of that party, take all necessary measures to ensure that the vessel concerned leaves the Licensing Area and waters closed to fishing pursuant to Annex I immediately and does not return except for the purpose of submitting to the jurisdiction of the party, or after action has been taken by the Government of the United States to the satisfaction of that party.

4.6 In the event that a report provided pursuant to paragraph 4 of this Article shows that a fishing vessel of the United States has been involved in a probable infringement of this Treaty, including an infringement of an applicable national law as identified in Schedule 1 of Annex I, other than an infringement of the kind described in paragraph 5 of this Article, and that the vessel has not submitted to the jurisdiction of the Pacific Island party concerned, the Government of the United States shall, at the request of that party, take all necessary measures to ensure that the vessel concerned:

(b) is penalised by the Government of the United States at such level as may be provided for like violations in United States law relating to foreign fishing vessels licensed to fish in the exclusive economic zone of the United States but not to exceed the sum of US$250,000.

4.7 Financial assurances provided pursuant to this Treaty may be drawn against by any Pacific Island party to satisfy any civil or criminal judgment or other determination in favour of a national or the Government of a Pacific Island party.

4.8 Prior to instituting any legal proceedings pursuant to this Article concerning an alleged infringement of this Treaty in waters within the jurisdiction, for any purpose, as recognised by international law, of a Pacific Island party, the Government of the United States shall notify the Government of that Pacific Island party that such proceedings shall be instituted. Such notice shall include a statement of the facts believed to show an infringement of this Treaty and the nature of the proposed proceedings, including the proposed charges and the proposed penalties to be sought. The Government of the United States shall not institute such proceedings if the Government of that Pacific Island party objects within 30 days of the effective date of such notice.

4.9 The Government of the United States shall ensure that an agent is appointed and maintained in accordance with the requirements of subparagraphs (a) and (b) of this paragraph, with authority to receive and respond to any legal process issued by a Pacific Island party in respect of an operator of any fishing vessel of the United States (identified in the form set out in Schedule 1 of Annex II) and shall notify the Administrator of the name and address of such agent, who:

(a) shall be located in Port Moresby for the purpose of receiving and responding to any legal process issued in accordance with this Article; and

(b) shall, within 21 days of notification that legal process has been issued in accordance with this Article, travel to any Pacific Island party, at no expense to that party, for the purpose of receiving and responding to that process.

5.1 It is recognised that the respective Pacific Island parties may enforce the provisions of this Treaty and licences issued thereunder, including arrangements made pursuant to Article 3.3 and licences issued thereunder, in waters under their respective jurisdictions.

5.2 The Governments of the Pacific Island parties shall promptly notify the Government of the United States of any arrest of a fishing vessel of the United States or any of its crew and of any charges filed or proceedings instituted following the arrest, in accordance with this Article.

5.3 Fishing vessels of the United States and their crews arrested for breach of this Treaty shall be promptly released upon the posting of a reasonable bond or other security. Penalties applied in accordance with this Treaty for fishing violations shall not be unreasonable in relation to the offence and shall not include imprisonment or corporal punishment.

5.4 The Government of the United States shall not apply sanctions of any kind including deductions, however effected, from any amounts which might otherwise have been paid to any Pacific Island party, and restrictions on trade with any Pacific Island party, as a result of any enforcement measure taken by a Pacific Island party in accordance with this Article.

5.5 The Governments of the parties shall adopt and inform the other parties of such provisions in their national laws as may be necessary to give effect to this Treaty.

5.6 Where legal proceedings have been instituted by the Government of the United States pursuant to Article 4, no Pacific Island party shall proceed with any legal action in respect of the same alleged infringement as long as such proceedings are maintained. Where penalties are levied or proceedings are otherwise concluded by the Government of the United States pursuant to Article 4, the Pacific Island party which has received notice of such final determination shall withdraw any legal charges or proceedings in respect of the same alleged infringement.

5.7 During any period in which a party is investigating any infringement of this Treaty involving a fishing vessel of the United States, being an infringement which is alleged to have taken place in waters within the jurisdiction, for any purpose, as recognised by international law, of a Pacific Island party, and if that Pacific Island party so notifies the other parties, any licence issued in respect of that vessel shall, for the purposes of Article 3, be deemed not to authorise fishing in the waters of that Pacific Island party.

5.8 If full payment of any amount due as a result of a final judgment or other final determination deriving from an occurrence in waters within the jurisdiction, for any purpose, of a Pacific Island party, is not made to that party within sixty (60) days, the licence for the vessel involved shall be suspended at the request of that party and that vessel shall not be authorised to fish in the Licensing Area until that amount is paid to that party.

6.1 At the request of any party, consultations shall be held with any other party within sixty (60) days of the date of receipt of the request. All other parties shall be notified of the request for consultations and any party shall be permitted to participate in such consultations.

6.2 Any dispute between the Government of the United States and the Government of one or more Pacific Island parties in relation to or arising out of this Treaty may be submitted by any such party to an arbitral tribunal for settlement by arbitration no earlier than one hundred and twenty (120) days following a request for consultations under Article 6.1. Unless the parties to the dispute agree otherwise, the Arbitration Rules of the United Nations Commission on International Trade Law as at present in force, shall be used.

6.3 The Government or Governments of the Pacific Island party or parties to the dispute shall appoint one arbitrator and the Government of the United States shall appoint one arbitrator. The third arbitrator, who shall act as presiding arbitrator of the tribunal, shall be appointed by agreement of the parties to the dispute. In the event of a failure to appoint any arbitrator within the time period provided in the Rules, the arbitrator shall be appointed by the Secretary-General of the Permanent Court of Arbitration at The Hague.

6.4 Unless the parties to the dispute agree otherwise, the place of arbitration shall be Port Moresby. The tribunal may hold meetings at such other place or places within the territory of a Pacific Island party or elsewhere within the Pacific Islands region as it may determine. An award or other decision shall be final and binding on the parties to the arbitration, and, unless the parties agree otherwise, shall be made public. The parties shall promptly carry out any award or other decision of the tribunal.

6.5 The fees and expenses of the tribunal shall be paid half by the Government or Governments of the Pacific Island party or parties to the arbitration and half by the Government of the United States, unless the parties to the arbitration agree otherwise.

7.1 The parties shall meet once each year for the purpose of reviewing the operation of this Treaty.

7.2 The parties shall, where appropriate, consider the extent to which adjustments to the provisions of the Treaty or measures adopted thereunder may be necessary to promote consistency with any measures adopted under the convention.

7.3 The parties may cooperate to address matters of common concern under the Convention.

7.4 The parties shall, where appropriate, consider the issue of capacity in the Treaty Area.

8. The following procedures shall apply to the adoption and entry into force of any amendment to this Treaty.

(b) A proposed amendment shall be notified to the depositary not less than forty five (45) days before the meeting at which the proposed amendment will be considered.

(d) The parties shall consider proposed amendments to this Treaty at the annual meeting described in Article 7, or at any other time that may be agreed by all parties.

(e) Any amendment to this Treaty shall be adopted by the approval of all the parties, and shall enter into force upon receipt by the depositary of instruments of ratification, acceptance or approval by the parties.

(f) The depositary shall promptly notify all parties of the entry into force of the amendment.

9. The following procedures may apply to the adoption and entry into force of any amendment to an Annex of this Treaty, at the request of the party proposing the amendment, in lieu of the procedure set out in Article 8, unless otherwise provided in the Annex.

(a) Any party may propose an amendment to an Annex at any time by notifying such proposal to the depositary at least 120 days before the annual meeting. The depositary shall promptly notify all parties of the proposed amendment.

(b) Any amendment to an Annex shall be adopted by consensus. For each amendment that is adopted, it is expected that each party shall act expeditiously to obtain acceptance of the amendment and to notify that acceptance to the depositary in accordance with Article 9(c). Pending the entry into force of any adopted amendment, the parties will, to the extent possible for them, apply the amendment provisionally.

(c) A party approving a proposed amendment to an Annex shall notify its acceptance to the depositary, which shall promptly notify all the parties of each acceptance. Upon receipt by the depositary of notices of acceptance from all parties, such amendment shall be incorporated in the appropriate Annex and shall have effect from that date, or from such other date as may be specified in such amendment. The depositary shall promptly notify all parties of the adoption of the amendment and its effective date.

10.1 The Administrator and each party shall notify the depositary of their current addresses for the receipt of notices given pursuant to this Treaty, and the depositary shall notify the Administrator and each of the parties of such addresses or any changes thereof. Unless otherwise specified in this Treaty, any notice given in accordance with this Treaty shall be in writing and may be served by hand or sent by telex or, where either method cannot readily be effected, by registered airmail to the address of the party or the Administrator as currently listed with the depositary.

10.2 Delivery by hand shall be effective when made. Delivery by telex shall be deemed to be effective on the business day following the day when the "answer back" appears on the sender's telex machine. Delivery by registered airmail shall be deemed to be effective twenty-one (21) days after posting.

12.1 This Treaty shall be open for signature by the Governments of all the Pacific Island States and the Government of the United States of America.

12.2 This Treaty is subject to ratification by the States referred to in paragraph 1 of this Article. The instruments of ratification shall be deposited with the depositary.

12.3 This Treaty shall remain open for accession by States referred to in paragraph 1 of this Article. The instruments of accession shall be deposited with the depositary.

12.4 This Treaty shall enter into force upon receipt by the depositary of instruments of ratification by the Government of the United States and by the Governments of ten Pacific Island States which shall include the Federated States of Micronesia, the Republic of Kiribati and Papua New Guinea.

12.5 This Treaty shall enter into force for any State ratifying or acceding after the entry into force of this Treaty on the thirtieth day after the date on which its instrument of ratification or accession is received by the depositary.

12.6 This Treaty shall cease to have effect at the expiry of one year following the receipt by the depositary of an instrument signifying withdrawal or denunciation by the United States, any of the Pacific Island States named in Article 12.4, or such number of Pacific Island States as would leave fewer than ten such States as parties.

12.7 This Treaty shall cease to have effect for a party at the expiry of the sixth month following the receipt by the depositary of an instrument signifying withdrawal or denunciation by that party, except that where this Treaty would cease to have effect under the last preceding paragraph as the result of the receipt of the said instrument, it shall cease to have effect for that party in the manner provided in the last preceding paragraph.

12.8 Any licence in force pursuant to this Treaty shall not cease to have effect as a result of this Treaty ceasing to have effect either generally or for any party, and Articles 1, 3, 4 and 5 shall be regarded as continuing in force between the United States and the Pacific Island State party in respect of such licence until such licence expires in accordance with its terms.

12.10 Paragraph 9 of this Article does not preclude a State, when signing, ratifying or acceding to this Treaty, from making declarations or statements, provided that such declarations or statements do not purport to exclude or modify the legal effect of the provisions of this Treaty in their application to that State.

(a) "applicable national law" means any provision of a law, however described, of a Pacific Island party which governs the fishing activities of foreign fishing vessels, being a law identified in Schedule 1, and which is not inconsistent with the requirements of this Treaty and shall be taken to exclude any provision which imposes a requirement which is also imposed by this Treaty;

(b) "Closed Area" means an area of a Pacific Island party as described in Schedule 2;

(c) "fishing trip" means any period commencing with the departure of the vessel from port for the purpose of beginning a fishing trip to such time as any or all of the fish on board the vessel are unloaded from the vessel, either ashore or onto another vessel except for the transfer of catch by a licensed group seiner to its licensed carrier vessel;

(e) "transshipment" means the unloading of any or all of the fish on board a licensed vessel either ashore or onto another vessel.

2. Schedule 1 may be amended from time to time by the inclusion by any Pacific Island party of any applicable national law and, for the purposes of this Treaty, except as provided in this paragraph, the amendment shall take effect from the date that the amended Schedule has been notified to the Government of the United States. For the purposes of any obligation on the United States pursuant to paragraphs 4 and 5 of Article 4, the amendment shall take effect sixty (60) days from the date that the amended Schedule has been notified to the Government of the United States. The Government of the Pacific Island party shall use its best endeavours to provide advance notice to the Government of the United States of the amendment.

3. Nothing in this Annex and its Schedules, nor acts or activities taking place thereunder, shall constitute recognition of the claims or the positions of any of the parties concerning the legal status and extent of waters and zones claimed by any party. In the claimed waters and zones, the freedoms of navigation and overflight and other uses of the sea related to such freedoms are to be exercised in accordance with international law.

4. The operator of the vessel shall comply with each of the applicable national laws, and shall be responsible for the compliance by the vessel and its crew with each of the applicable national laws, and the vessel shall be operated in accordance with those laws

5. The vessel shall not be used for directed fishing for Southern Bluefin Tuna, or for fishing for any kinds of fish other than tunas, except that other kinds of fish may be caught as an incidental by-catch.

6. The vessel shall not be used for fishing by any method, except the purse seine method.

8. Except for circumstances involving force majeure and other emergencies involving the health or safety of crew members or the safety of the vessel, no aircraft may be used in association with the fishing activities of the vessel unless it is identified in item 6 or 7 of Schedule 1 of Annex II.

9. No fish on board the vessel shall be unloaded from the vessel at sea, except in a designated area in accordance with such terms and conditions as may be agreed between the operator of the vessel and the Pacific Island party in whose zone the transshipment is to take place. Provided that, notwithstanding any such additional terms and conditions, transshipment shall only take place in accordance with the conditions set out in Schedule 4 hereof and catch shall only be transshipped to a carrier vessel duly licensed in accordance with national laws.

(a) provide 48 hours notice to the Administrator and the Pacific Island party of an intent to transship any or all of the fish on board and shall provide the name of the vessel, its international radio call sign, its position, the catch on board by species, and the time and place where such transshipment is requested to occur;

(b) only transship at the time and place authorized for transshipment by the Pacific Island parties;

11. The master and each member of the crew of the vessel from which any fish taken in the Licensing Area is transshipped shall:

(a) allow and assist any person identified as an officer of the Pacific Island party to: have full access to the vessel and any place where such fish is being transshipped and the use of facilities and equipment which the officer may determine is necessary to carry out his or her duties; have full access to the bridge, fish on board and areas which may be used to hold, process, weigh and store fish; remove samples; have full access to the vessel’s records including its log and documentation for the purpose of inspection and copying; and gather any other information required to fully monitor the activity without interfering unduly with the lawful operation of the vessel; and

(b) not assault, obstruct, resist, delay, refuse boarding to, intimidate or interfere with any such officer in the performance of his or her duties.

12. Information relating to the vessel position, catch and effort, as described in Part 1 of Schedule 4, shall be provided by telex, vessel monitoring system (VMS) transponder, electronic mail, or any other electronic reporting agreed to by the parties to the Administrator at the following times:

(a) before departure from port for the purpose of beginning a fishing trip in the Licensing Area;

(b) at least 24 hours before entry into port for the purpose of unloading fish from any trip involving fishing in the Licensing Area.

13. Information relating to the position of and catch on board the vessel, as described in Part 2 of Schedule 3, shall be provided to each Pacific Island party in the manner notified to the Government of the United States by that party as follows:

(a) at the time of entry into and of departure from waters which are, for any purpose, subject to the jurisdiction of the Pacific Island party;

14. At the end of each day that the vessel is in the Licensing Area, an entry or entries for that day shall be completed in ink in the English language on the catch report form as set out in Schedule 4, in accordance with the requirements of that form, and such forms shall be posted by registered airmail to the Administrator within fourteen (14) days following the date of the next entry into a port for the purpose of unloading its fish catch.

15. Immediately following the unloading of any fish from the vessel, a report shall be completed in the form set out in Schedule 5 and shall be posted by registered airmail to the Administrator within fourteen (14) days following the date of the completion of that unloading operation, or, in the case of unloading by transshipment, within fourteen (14) days following unloading of that transshipment at the processing site.

16. The master and each member of the crew of the vessel shall immediately comply with every instruction and direction given by an authorised and identified officer of a Pacific Island party, including to stop, to move to a specified location, and to facilitate safe boarding and inspection of the vessel, its licence, gear, equipment, records, fish and fish products. Such boarding and inspection shall be conducted as much as possible in a manner so as not to interfere unduly with the lawful operation of the vessel. The operator and each member of the crew shall facilitate and assist in any action by an authorised officer of a Pacific Island party and shall not assault, obstruct, resist, delay, refuse boarding to, intimidate or interfere with an authorised officer in the performance of his or her duties.

17. The operator shall ensure that a recent and up-to-date copy of the International Code of Signals (INTERCO) is on board and accessible at all times.

18. The international distress frequency, 2.182 MHz, and 156.8 MHz (Channel 16, VHF) shall be monitored continuously from the vessel for the purpose of facilitating communication with the fisheries management, surveillance and enforcement authorities of the parties.

19. The operator shall comply with the 1989 FAO standard specifications for the marking and identification of fishing vessels. In particular the international radio call sign of the vessel shall be painted in white on a black background, or in black on a white background, in the following manner:

(a) on the vessel’s hull or superstructure, with each letter and number being at least one metre high and having a stroke width of 16.7 centimetres, with the background extending to provide a border around the mark of not less than 16.7 centimeters;

(b) on the vessel’s deck, on the body of any helicopter and on the hull of any skiff, with each letter and number being at least 30 centimetres high, and having a stroke width of 5 centimetres wide with the background extending to provide a border around the mark of not less than 5 centimeters;

(c) on any other equipment being carried by and intended to be separated from the vessel during normal fishing operations, with each letter and number being at least 10 centimetres high and having a stroke width of 1.7 centimetres, with the background extending to provide a border around the mark of not less than 1.7 centimeters;

and at all times while the vessel is within the Licensing Area or a Closed Area, all parts of these markings shall be clear, distinct and uncovered.

20. The licence or a duly certified copy, facsimile or telex confirmation thereof shall be carried on board the vessel at all times and produced at the request of an authorised enforcement official of any of the parties. Prior to receipt of the licence, the correct citation of the licence number shall satisfy this requirement.

21. The operator and each member of the crew of the vessel shall allow and assist any person identified as an observer by the Pacific Island parties to:

(a) board the vessel for scientific, compliance, monitoring and other functions at the point and time notified by the Pacific Island parties to the Government of the United States;

(b) have full access to and the use of facilities and equipment on board the vessel which the observer may determine is necessary to carry out his or her duties; including full access to the bridge, fish on board and areas which may be used to hold, process, weigh and store fish; remove samples; have full access to the vessel's records, including its log and documentation for the purpose of inspection and copying; reasonable access to navigation equipment, charts, and radios; and gather any other information relating to fisheries in the Licensing Area; without interfering unduly with the lawful operation of the vessel;

and no operator or crew member of the vessel shall assault, obstruct, resist, delay, refuse boarding to, intimidate or interfere with an observer in the performance of his or her duties.

22. The operator shall provide the observer, while on board the vessel, at no expense to the Pacific Island parties, with food, accommodation and medical facilities of such reasonable standard as may be acceptable to the Pacific Island party whose representative is serving as the observer.

23. (a) The operators of United States vessels licensed to fish pursuant to eh agreement shall be responsible for the costs of observers on United States vessels including the full travel costs from the place notified by the Pacific Island parties to and from the vessel, salary and allowances, and full insurance coverage and the cost of training those observers.

(b) The fees for the costs of the observers shall be provided in a lump sum on an annual basis from 15 June 2003 in accordance with the following formula:

The fixed cost component of US$55,000 plus the number of vessels licensed multiplied by 5 trips multiplied by 20 percent multiplied by the cost per trip (US$4,500) equals lump sum payment. The fixed cost component shall consist of the costs to the Administrator for training and management of the Observer and Crewing Programme.

(c) The parties may, as mutually determined at the annual meeting provided for in Article 7.1 of the Treaty adjust the amount of the fees to be paid under sub-paragraph (b), it being understood that:

- the goal of the observer programme is to provide an effective observer programme for compliance by targeting 20 percent coverage, which may be reviewed from time to time;

24. Any operator of the vessel from which any fish taken in the Licensing Area is unloaded shall allow, or arrange for, and assist any person authorised for this purpose by the Pacific Island parties to have full access to any place where such fish is unloaded, to remove samples and to gather any other information relating to fisheries in the Licensing Area.

25. An observer programme shall be conducted in accordance with this Treaty and provisions that may be agreed from time to time.

26. At all times while the vessel is in a Closed Area, the fishing gear of the vessel shall be stowed in such a manner as not to be readily available for fishing. In particular, the boom shall be lowered as far as possible so that the vessel cannot be used for fishing but so that the skiff is accessible for use in emergency situations; the helicopter, if any, shall be tied down; and launches shall be secured.

27. The vessel shall be operated in such a way that the activities of traditional and locally based fishermen and fishing vessels are not disrupted or in any other way adversely affected.

28. Any information required to be recorded, or to be notified, communicated or reported pursuant to a requirement of this Treaty shall be true, complete and correct. Any change in circumstances which has the effect of rendering any such information false, incomplete or misleading shall be notified to the Administrator immediately.

29. The vessel shall have its automatic locations communicator (ALC), as approved by the Forum Fisheries Agency (FFA), operational at all times while in the Treaty Area. Data collected through the vessel’s ALC shall be transmitted in near real time both to the FFA and to the Government of the United States. While the vessel is in waters within the Treaty Area that are under the jurisdiction of the Government of the United States, viewing of the data transmitted shall be limited to the Government of the United States. All data transmitted in accordance with this provision shall be treated as confidential business information and shall be distributed only to ensure that the obligations under this Treaty are fulfilled. Technical matters including financial implications related to the implementation of this part will be a matter for discussion between the parties.

The following laws and any regulations or other instruments having the force of law which have been implemented pursuant to those laws, as amended at the time this Treaty enters into force, shall be considered as applicable national laws for the purposes of this Treaty.

Antarctic Marine Living Resources Conservation Act, 1981
Fisheries Management Act, 1991
Fisheries Administration Act, 1991
Statutory Fishing Rights Charge Act, 1991
Fisheries Legislation (Consequential Provisions) Act, 1991
Foreign Fishing Licences Levy Act, 1991
Fishing Levy Act, 1991
Fisheries Agreements (Payments) Act, 1991
Torres Strait Fisheries Act, 1984
Whale Protection Act, 1980

Exclusive Economic Zone (Foreign Fishing Craft) Regulations, 1979
Territorial Sea and Exclusive Economic Zone Act, 1977
Marine Resources Act, 1989

Titles 18 and 24 of the Code of the Federated States of Micronesia, as amended by Public Law Nos. 2-28, 2-31, 3-9, 3-10, 3-34, and 3-80

Fisheries Act (Cap. 158)
Fisheries Ordinance (Cap 158)
Marine Spaces Act, 1978
Marine Spaces (Foreign Fishing Vessels) Regulations, 1979 KIRIBATI

Fisheries Ordinance, 1979
Fisheries (Amendment) At, 1984
Marine Zones (Declaration) Act, 1983
Fisheries (Pacific Island States’ Treaty with the United States) Act 1988

Title 33, Marine Resources Act, as amended by P.L. 1989-56, P.L. 1991-43 and P.L. 1992-25 of the Marshall Islands Revised Code

Interpretation Act, 1971
Interpretation Act (Amendment) Act No. 1 1975
Interpretation Act (Amendment) Act No. 2 1975
Marine Resources Act, 1978

Antarctic Marine Living Resources Act, 1981
Continental Shelf Act, 1964
Conservation Act, 1987
Driftnet Prohibition Act, 1991
Fisheries (Foreign Fishing Craft) Regulations 2001
Fishing Industry Board Act, 1963
Fisheries Act, 1983
Fisheries Act 1996
Marine Mammals Protection Act, 1978
Marine Reserves Act, 1971
Marine Pollution Act, 1974
Territorial Sea and Exclusive Economic Zone Act, 1977

Tokelau (Territorial Sea and Exclusive Economic Zone Act), 1977
Submarine Cables and Pipelines Protection Act, 1966
Sugar Loaf Islands Marine Protected Area Act, 1991
Wildlife Act, 1953
Biosecurity Act 1993
Fisheries (Satellite Vessel Monitoring Regulations) 1993

Niue Fish Protection Ordinance 1965
Sunday Fishing Prohibition Act 1980
Territorial Sea and Exclusive Economic Zone Act, 1978

Fisheries Act (Cap 214)
Fisheries Regulations (Cap 214)
Fisheries (Torres Strait Protected Zone) Act, 1984
National Seas Act (Cap 361)
Tuna Resources Management (National Seas) Act (Cap 224)
Whaling Act (Cap 225)

Exclusive Economic Zone Act, 1977
Territorial Sea Act, 1971
Fisheries Act, 1988
Fisheries Amendment At, 1999 (No. 11)
Fisheries (Ban on Driftnet Fishing) Act, 1999 (No. 12)
Fisheries (Vessel Monitoring System) Regulations 1999
Maritime Zones Act, 1999

SOLOMON ISLANDS
Delimitation of Marine Waters Act, 1978
Fisheries Act, 1998
Fisheries Limits Act, 1977
Fisheries Regulations, 1972
Fisheries (Foreign Fishing Vessels) Regulations, 1981
Fisheries (United States of America) (Treaty) Act 1988

TUVALU
Fisheries Act (Cap 45)
Fisheries (Foreign Fishing Vessel) Regulations, 1982
Marine Zones (Declaration) Act, 1983
Foreign Fishing Vessels Licensing (US Treaty) Order 1987

VANUATU
Fisheries Act, 1982 (Cap 158)
Fisheries Regulations, 1983
Maritime Zones Act, 1981 (Cap 138)

AUSTRALIA. All waters within the seaward boundary of the Australian Fishing Zone (AFZ) west of a line connecting the point of intersection of the outer limit of the AFZ by the parallel of latitude 25o30' South with the point of intersection of the meridian of longitude 151o East by the outer limit of the AFZ and all waters south of the parallel of latitude 25o 30' South.

FEDERATED STATES OF MICRONESIA. Three nautical mile territorial sea and nine nautical mile exclusive fishery zone and on all named banks and reefs as depicted on the following charts:

DMAHTC NO 81019 (2nd. ed., Mar. 1945; revised 7/17/72. corrected through NM 3/78 of 21 June 1978).
DMAHTC NO 81023 (3rd. ed., 7 Aug. 1976).
DMAHTC NO 81002 (4th. ed., 26 Jan. 1980; corrected through NM 4/80).

FIJI. Internal waters, archipelagic waters and territorial seas of Fiji and Rotuma and its Dependencies.

KIRIBATI. Within archipelagic waters as established in accordance with Marine Zones Declaration Act 1983; within 12 nautical miles drawn from the baselines from which the territorial sea is measured; within 2 nautical miles of any anchored fish aggregating device for which notification of its location shall be given by geographical coordinates.

MARSHALL ISLANDS. 12 nautical mile territorial sea and area within two nautical miles of any anchored fish aggregating device for which notification of its location shall be given by geographical coordinates.

NAURU. The territorial waters as defined by Nauru Interpretation Act, 1971, Section 2.

NEW ZEALAND. Territorial waters; waters within 6 nautical miles of outer boundary of territorial waters; all waters to west of New Zealand main islands and south of 39o South latitude; all waters to east of New Zealand main islands south of 40o South latitude; and in respect of Tokelau: areas within 12 nautical miles of all island and reef baselines; twelve and one half nautical miles either side of a line joining Atafu and Nukunonu and Faka'ofo; and coordinates as follows:

Atafu: 8o35'10"S, 172o29'30"W
Nukunonu: 9o06'25"S, 171o52'10"W
9o11'30"S, 171o47'00"W
Faka'ofo: 9o22'30"S, 171o16'30"W

NIUE. Territorial sea and within 3 nautical miles of Beveridge Reef, Antiope Reef and Haran Reef as depicted by appropriate symbols on NZ 225F (chart showing the territorial sea and exclusive economic zone of Niue pursuant to the Niue Territorial Sea and Exclusive Economic Zone Act of 1978).

PALAU. Within 12 nautical miles of all island baselines in the Palau Islands; the area –

NOTE: Where for the purpose of this paragraph it is necessary to determine the position on the surface of the Earth of a point, line or area it shall be determined by reference to the World Geodetic System 1984, that is to say, by reference to a spheroid having its centre at the centre of the Earth and a major (equatorial) radius of 6,378,137 metres and a flattening of 1/298.2572.

PAPUA NEW GUINEA. At all times, all territorial seas, archipelagic and internal waters.

SOLOMON ISLANDS. Territorial sea; reefs, banks, sea-mounts and within 2 nautical miles of any anchored fish aggregating device within the EEZ for which notification of its location shall be given by geographical coordinates.

TONGA. All waters with depths of not more than 1,000 metres, within the area bounded by the fifteenth and twenty third and one half degrees of south latitudes and the one hundred and seventy third and the one hundred and seventy seventh degrees of west longitudes; also within a radius of twelve nautical miles from the islands of Teleki Tonga and Teleki Tokelau.

TUVALU. Territorial sea and waters within two nautical miles of all named banks, i.e. Macaw, Kosciusko, Rose, Bayonnaise and Hera, in Tuvalu EEZ, as depicted on the chart entitled "Tuvalu Fishery Limits" prepared by the United Kingdom Hydrographic Department, Taunton, January 11, 1981.

Only the Closed Areas, as described above, of Pacific Island States which are parties to this Treaty shall be applicable under the terms of this Treaty. [Footnote appeared in original text].

(1) report type (LBEG for port departure to begin fishing and LFIN for port entry for unloading)

as: LBEG (or LFIN) / RREG# / TBD / ddmmyy / TIME / CALL SIGN / PORT / SJ xxx YF yyy OTH zzz / INTENDED ACTION / ETA (OR EDA)/ ETD

(1) report type (TRANS)
(2) Regional Register number
(3) trip begin date
(4) date and time (UTC)
(5) international call sign

as: TRANS / RREG# / TBD/ ddmmyy / TIME / CALL SIGN / LA 1111 / LO 11111 / SJ xxx YF yyy OTH zzz / CARRIER NAME / DESTINATION OF CATCH

as: ZENT (or ZEXT) / RREG# / TBD / ddmmyy / TIME / CALL SIGN / LA 1111 / LO 11111 / SJ xxx YF yyy OTH zzz / INTENDED ACTION

(2) Regional Register number
(3) trip begin date
(4) date and time (UTC)
(5) international call sign

as: WEEK / RREG# / TBD / ddmmyy / TIME / CALL SIGN / LA 1111 / LO 11111 / SJ xxx YF yyy OTH zzz / INTENDED ACTION / OOB (y/n)

(a) Report of position and catch by species every day while within the Australian Fishing Zone;

(a) While in Fiji fisheries waters, daily position reporting of the name, call sign, and country of registration of the craft, and its position at that specified time; and

(a) 24 hours prior to entry into a Closed Area, send a notice to the national authority containing the following information:

(d) Immediately after refueling from a licensed tanker, and no later than 12:00 noon on the following day, report the following information:

(a) 24 hours notice of intention to enter New Zealand’s exclusive economic zone giving notice of –

notification of daily noon positions, to be received no later than noon on the following day;

a weekly report of catch taken in the New Zealand exclusive economic zone to cover the period 0001 hours on Monday to 2400 on the following Sunday and to be received by noon on the following Wednesday;

licensed craft are prohibited from transshipping within New Zealand fisheries waters, except at a port and time authorized by the Director General. 10 days notice of intention to transship will be required.

(a) Expected vessel position, date and time of entry at least 24 hours before entry into the Solomon Islands exclusive economic zone;

(b) A weekly report of catch taken and fishing days in the Solomon Islands exclusive economic zone to cover the period 0001 hours on a Monday to 2400 hours on the following Sunday and to be received by noon on the following Tuesday.

While in the Tonga exclusive economic zone, daily position report by radio or telex.

(a) Report not less than 24 hours before entry into the Tuvalu fishery limits on:

(b) While inside Tuvalu fishery limits, report vessel position and total catch on board at the following times:

(a) "Licensing Period" means the period of validity of licences issued in accordance with this Treaty.

2. The Government of the United States shall make application for a licence in respect of any fishing vessel of the United States intended by the operator to be used for purse seine fishing in the Licensing Area at any time in the Licensing Period by providing to the Administrator a complete application form as set out in Schedule 1.

3. Licences issued pursuant to this Treaty shall not take effect until the Administrator has received payment, free of any charges whatsoever, of the amounts set out in Schedule 2 for that Licensing Period in the manner described in that Schedule.

4. (a) The Administrator may suspend the good standing of a vessel on the Regional Register of Foreign Fishing Vessels where there is reasonable cause to believe that the vessel operator has violated the terms and conditions of access in Annex I including but not limited to:

(b) The Administrator shall notify the Government of the United States and the operator not less than 30 days prior to the intended date of suspension of good standing. The notice shall include a statement of the facts which give reasonable cause to believe a violation has occurred, the corrective action required, and the effective date of the suspension of good standing; provided however that the corrective action required shall be limited to making the omitted report, correcting any misreporting, or correcting vessel markings or otherwise complying with the requirements of Annex I.

(d) Upon satisfactory completion of the required corrective action, the Administrator shall immediately reinstate the good standing of the vessel.

(e) Any fishing vessel of the United States in respect of which good standing has been suspended shall not be eligible to receive a new licence upon the expiration of the current licence, until notified by the Administrator that good standing has been reinstated.

(a) where the application is not in accordance with the requirements of paragraph 2;

(b) where the owner or charterer is the subject of proceedings under the bankruptcy laws of the United States, unless reasonable financial assurances have been provided to the Administrator;

(c) where the vessel in respect of which application for a licence has been made does not have good standing on the Regional Register of Foreign Fishing Vessels, maintained by the South Pacific Forum Fisheries Agency, provided that:

(A) the commission of a serious offence against fisheries laws or regulations of a Pacific Island State and the operator has not fully complied with any civil or criminal judgment rendered with respect to such an offence;

(B) evidence existing that gives reasonable cause to believe that the operator has committed a serious offence against the fisheries laws or regulations of any Pacific Island State and that it has not been possible to bring the vessel operator to trial;

(C) the vessel operator has failed to comply with information requirements for registration as notified by the Administrator to the Government of the United States; or

(D) the failure to satisfactorily complete the required corrective action of all outstanding requests, as a result of which the good standing of a vessel has continued in suspension for a period of more than 12 months;

(ii) the Pacific Island party requesting withdrawal of good standing has first consulted the Government of the United States and has made all reasonable efforts to resolve the dispute in question before utilizing the procedures for withdrawal of good standing;

(iii) in the event of a request for withdrawal of good standing from the Regional Register of Foreign Fishing Vessels of a vessel licensed pursuant to this Treaty, the Pacific Island parties agree to take into consideration that vessel's compliance with the terms of this Treaty in determining whether to approve such a request; and

(iv) following a withdrawal of good standing the Pacific Island party involved promptly advises the Government of the United States in writing of the reason for the withdrawal and the requirements which must be fulfilled to reinstate good standing;

(d) where there has been a failure to satisfy a final judgment or other final determination for a breach of this Treaty by the owner, charterer or master of the vessel in respect of which application for a licence has been made, until such time as the final judgment or other final determination is satisfied, and subsequent change in ownership of a vessel shall not affect the application of this provision; or

(i) a violation of this Treaty, providing that the Pacific Island parties, following consultation with the Government of the United States, determine that the violation is of a serious nature; or

(ii) any violation of this Treaty on more than one occasion, providing that the Pacific Island parties, following consultation with the Government of the United States, determine that such multiple violations constitute a serious disregard of this Treaty.

6. Without prejudice to their rights under paragraph 4 of Article 4 of the Treaty, the Pacific Island parties shall consider notifying the Government of the United States of any alleged infringements of the Treaty by vessels of the United States 30 days prior to requesting an investigation under paragraph 4 of Article 4 of the Treaty. The Government of the United States shall inquire into the allegation. As appropriate, the Government of the United States, the operator concerned, the Administrator and the Pacific Island party concerned may engage in consultations with a view to settling the matter.

7. A maximum number of licences may be issued for any Licensing Period as set out in Schedule 2, and, upon request by the Government of the United States, the Pacific Island parties may agree to vary such number.

8. On receipt of an application for a licence in accordance with this Annex, the Administrator shall take the necessary steps to ensure that:

(a) a licence in the form set out in Schedule 3 in respect of the vessel identified in the application; or

(b) a statement setting out the reasons that a licence in respect of the vessel identified in the application is denied together with a refund of the amount or amounts provided with the application;

TREATY ON FISHERIES BETWEEN THE GOVERNMENTS OF CERTAIN PACIFIC ISLAND STATES AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA

Application is hereby made for a licence authorising the use of the vessel named in this application for fishing in the Licensing Area.

4. FULL NAME AND ADDRESS OF EACH PERSON WHO IS AN OPERATOR OF THE VESSEL, AND STATE WHETHER OWNER, CHARTERER, MASTER OR OTHER. IF OTHER, SPECIFY DETAILS:

5. FULL NAME AND ADDRESS OF INSURER FOR PURPOSES OF ARTICLE 4.3(a) OF THE TREATY:

7. REGISTRATION NUMBER, MAKE AND NAME AND ADDRESS OF OPERATOR OF ANY AIRCRAFT TO BE USED IN ASSOCIATION WITH FISHING ACTIVITIES:

8. STATE WHETHER OWNER OR CHARTERER IS INSOLVENT OR IN ANY BANKRUPTCY PROCEEDING UNDER THE BANKRUPTCY LAW OF THE UNITED STATES:

9. STATE WHETHER OPERATOR OR VESSEL HAS BEEN INVOLVED IN A VIOLATION OF THE TREATY. IF YES, SPECIFY DETAILS:

1. The following amounts are payable annually for a period of ten (10) years from 15 June 2003 pursuant to paragraph 3 of Annex II –

(b) costs to be paid by the industry for the observer programme set forth in Part 7 of Annex I; and

(c) sums pursuant to the related agreement between the South Pacific Forum Fisheries Agency and the Government of the United States.

2. The United States industry payment specified in paragraph 1(a) of this Schedule may be made in two separate instalments. One half of the payments shall be paid by June 15 each year with the balance to be paid by December 15th of the same year. The second instalment will be paid with interest at an agreed rate.

3. In order to increase the benefits to the Pacific Island parties under the Treaty, the United States industry will develop with the Pacific Island parties a system for revenue sharing where the ex-vessel price is at or above a mutually agreed level. Payments made under such a system will be made quarterly and will be in addition to the amount specified in paragraph 1(a).

4. During each licensing period, the administrator shall make available a maximum of 45 licences to fishing vessels of the United States for fishing in the Licensing Area. Any licences issued beyond 40 shall only be available to fishing vessels of the United States engaged in fishing activity designed to advance broader cooperation with the Pacific Island parties as envisaged under Article 2. If the Administrator does not receive applications for the maximum of 45 licences during any of the first three licensing periods under this Schedule, the Pacific Island parties reserve the right at the end of the third licensing period to review the allocation of licences beyond 40 for the remaining licensing periods.

5. Prior to the beginning of the sixth licensing period under this Schedule, the parties shall review the number of licences to be issued, the licence fees, the potential impact of any existing or pending catch or effort limitations or other measures that may substantially affect the operations of the U.S. fleet and any other issues which may be identified during the preceding Annual Consultation. During such review, the parties shall determine the number of licenses and the licence fees for the second five-year period under this Schedule Any agreed changes in the number of licences or licence fees shall be reflected in the annual industry payments.

TREATY ON FISHERIES BETWEEN THE GOVERNMENTS OF CERTAIN PACIFIC ISLAND STATES AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA

The vessel described in this licence is hereby authorised to engage in fishing in the Licensing Area for the period described in this licence, in accordance with the terms and conditions referred to in Annex I.

HELICOPTER OR OTHER AIRCRAFT WHICH MAY BE USED IN ASSOCIATION WITH THE FISHING ACTIVITIES OF THE VESSEL:

WARNING: IT IS AN OFFENCE AGAINST THE LAWS OF MANY NATIONS, INCLUDING THE UNITED STATES OF AMERICA, TO VIOLATE THE REQUIREMENTS OF ANNEX I. PENALTIES MAY INCLUDE SUBSTANTIAL FINES AND VESSEL FORFEITURE.

AGREEMENT AMONG PACIFIC ISLAND STATES CONCERNING THE IMPLEMENTATION AND ADMINISTRATION OF THE TREATY ON FISHERIES BETWEEN THE GOVERNMENTS OF CERTAIN PACIFIC ISLAND STATES AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA

BEING PARTIES to the South Pacific Forum Fisheries Agency Convention under which they have agreed to cooperate through the Forum Fisheries Committee in respect of relations with the distant water fishing nations and for other related purposes;

HAVING RATIFIED the Principal Agreement pursuant to which the Pacific Island parties shall share in certain benefits and having collectively accepted certain obligations;

AND WHEREAS the Pacific Island parties wish to agree upon the manner in which these benefits shall be distributed and these obligations discharged.

(b) "Closed Area" has the meaning described in Article 1 of the Principal Agreement;

(d) "Limited Area" has the meaning described in Article 1 of the Principal Agreement;

(e) "Pacific Island party" has the meaning described in Article 1 of the Principal Agreement;

(f) "Pacific Island State" has the meaning described in Article 1 of the Principal Agreement;

(g) "Party" means a Pacific Island State party to this Agreement, and "parties" means all such States from time to time; and

(h) "Principal Agreement" means the Treaty on Fisheries between the Governments of Certain Pacific Island States and the Government of the United States of America, done in Port Moresby on 2 April, 1987.

2.1 The Administrator shall be the Director of the South Pacific Forum Fisheries Agency appointed in accordance with the South Pacific Forum Fisheries Agency Convention.

(b) receiving information, documents and payments in accordance with the term of the Principal Agreement;

(d) performing any other function in order to satisfy any requirement of the Principal Agreement, at the request of and upon notification by any party.

2.3 The Administrator shall perform the functions described in this Article consistently with any direction given by the Forum Fisheries Committee, constituted in accordance with the South Pacific Forum Fisheries Agency Convention.

3.1 Any party which proposes to establish or amend a Closed Area or Limited Area for the purposes of the Principal Agreement shall notify the Administrator of the details of its proposal at least four calendar months prior to any annual meeting held in accordance with Article 7 of the Principal Agreement. The Administrator shall promptly notify the other parties of such proposal.

3.2 Any proposal made in accordance with this Article shall be tabled as a non-negotiable amendment to Annex 1 of the Principal Agreement at the annual meeting held in accordance with Article 7 of the Principal Agreement, and no party shall propose any amendment thereto during that meeting, except with the consent of that party.

4.1 The Administrator shall provide all information received pursuant to the Principal Agreement to parties in accordance with this Agreement, and in particular shall:

(a) provide all information relating to fishing activities in waters under the jurisdiction of any party to that party; and

(b) distribute such information, including high seas data, as may be agreed by the parties.

4.2 The Administrator shall maintain the confidentiality of all data which he received pursuant to the Principal Agreement and this Agreement, unless:

(c) he is authorized by a party to release information relating to fishing activities in waters under that party’s jurisdiction.

4.3 Each party shall ensure that the confidentiality is maintained of any information received pursuant to the Principal Agreement and this Agreement concerning fishing activity in the exclusive economic zone of any other party.

(a) a copy of each national law as defined in Annex 1 of the Principal Agreement; and

(b) a description of any area within the Licensing Area considered by its Government to be subject to its fisheries jurisdiction.

5.2 Each party shall promptly notify the Administrator of any changes made to the information provided in accordance with this Article.

The Administrator shall, upon request by any party, convene a meeting at the date and place determined by the Administrator in consultation with the parties for the purposes of the Principal Agreement or this Agreement.

(a) a budget, prior to each Licensing Period, including the direct costs of performing functions and providing services in accordance with the Principal Agreement and this Agreement; and

(b) modifications to such budget as may be required from time to time during the Licensing Period.

7.2 The Administrator shall make quarterly deductions from the accrued money received pursuant to the Principal Agreement, equal to the administrative cots incurred during the previous quarter, provided that the total deduction for the Licensing Period shall not exceed the total amount approved in accordance with paragraph 1 of this Article.

8.1 Any payment received by the Administrator pursuant to the Principal Agreement shall be deposited within one week of receipt in United States dollars in an insured or Government guaranteed bank account or accounts in the Pacific region, so the deposits will earn the highest amount of interest reasonably available.

8.2 The Administrator shall distribute any amount received pursuant to the Treaty on Fisheries between the Governments of Certain Pacific Island States and the Government of the United States of America in the manner described in Schedule 1.

9.1 The Administrator shall arrange for the auditor of the South Pacific Forum Fisheries Agency to audit any account in which amounts deposited in accordance with Article 8 are held, prior to the distribution of any amount in accordance with this Agreement.

9.2 The Administrator shall permit each party to inspect any raw data, books and accounts which related to the Administrator’s functions pursuant to this Agreement.

10.1 The following procedures shall apply to the adoption and entry into force of any amendment to this Agreement.

10.3 A proposed amendment shall be notified to the depositary not less than forty five (45) days before the meeting at which the proposed amendment will be considered.

10.4 The depositary shall promptly notify all parties and the Administrator of such proposal.

10.5 The parties shall consider proposed amendments to this Agreement at the time of the annual meeting described in Article 7 of the Principal Agreement, or at any other time that may be agreed by all parties.

10.6 Any amendment to this Agreement shall be adopted by the approval of all the parties, and shall enter into force upon receipt by the depositary of instruments of ratification, acceptance or approval by the parties.

10.7 The depositary shall promptly notify all parties and the Administrator of the entry into force of the amendment.

The provisions of Article 10 of the Principal Agreement shall apply, mutatis mutandis, to the provisions of this Agreement.

The Schedule forms an integral part of this Agreement, and, unless expressly provided otherwise, a reference to this Agreement includes a reference to the Schedule.

14.2 This Agreement is subject to ratification by Pacific Island parties. The instruments of ratification shall be deposited with the Government of Papua New Guinea.

14.3 This Agreement shall remain open for accession by any Pacific Island party. The instruments of accession shall be deposited with the Government of Papua New Guinea.

14.4 This Agreement shall enter into force upon receipt by the depositary of instruments signifying ratification by all States which are Pacific Island parties on the date that the Principal Agreement enters into force.

14.5 This Agreement shall enter into force for any acceding State on the date that an instrument signifying accession by that State is received by the depositary.

14.6 If the Principal Agreement ceases to have effect for any Pacific Island party, this Agreement shall cease to have effect for that party from such time that all distributions are made, pursuant to Article 8, which affect that party.

14.7 The Agreement shall cease to have effect if the Principal Agreement ceases to have effect, upon the distribution of all amounts held by the Administrator pursuant to Article 8.

The Administrator shall distribute any amounts received pursuant to the Principal Agreement in accordance with this Schedule.

1. From the total of the US$14 million cash payment by the United States Government pursuant to the agreement between the Government of the United States of America and FFA, and the US$4 million industry payment pursuant to Annex II, Schedule 2 of the Principal Agreement –

(a) the Administrator shall deduct administrative costs in accordance with Article 7.2;

(b) the balance remaining, after deduction of administrative costs in accordance with sub-paragraph (a), shall be distributed as follows –

(i) US$1,777,999.95 shall be paid to a fund (hereinafter referred to as the "Project Development Fund") administered by FFA in accordance with procedures agreed between the Pacific Island parties;

(ii) fifteen (15) per cent of the balance remaining after deduction of the Project Development Fund shall be distributed equally among the Pacific Island parties; and

(iii) eighty-five (85) per cent of the balance remaining after deduction of the Project Development Fund, including accrued interest thereon, shall be distributed according to the share of the volume of catches in the waters in the Licensing Area of the Principal Agreement reported by vessels fishing while licensed pursuant to the Principal Agreement.

2. All the Pacific Island parties shall have equal access to the sum of US$1,777,999.95 set aside for the Project Development Fund.

3. The Administrator shall, as soon as practicable after the beginning of each annual Licensing Period, distribute the fifteen (15) per cent shares referred to in paragraph 1(b)(ii) of all amounts received by the beginning of the Licensing Period.

4. The Administrator shall, as soon as practicable after all catch information for each annual Licensing Period is available, distribute all remaining funds for the Licensing Period in accordance with paragraph 1(b)(iii). Such payments shall be made not later than six months after the end of the Licensing Period unless all Pacific Island parties agree otherwise.

5. The Administrator shall maintain a separate fund for observer costs paid by the US industry in accordance with the formula set out in Annex I, Part 7 of the Principal Agreement and shall apply the fund in the manner directed by the Pacific Island parties at the annual consultations held pursuant to Article 7 of the Principal Agreement.

AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE SOUTH PACIFIC FORUM FISHERIES AGENCY

The Government of the United States of America and the South Pacific Forum Fisheries Agency:

DESIRING to continue and strengthen the ties of friendship, understanding and co-operation which have historically linked the United States and the peoples of the member States of the South Pacific Forum Fisheries Agency;

CONSCIOUS of the commitment of the member Governments of the South Pacific Forum Fisheries Agency to develop fully their economic resources and provide employment opportunities to meet the aspirations of their peoples;

BELIEVING that economic co-operation will benefit the peoples of the United States and the South Pacific region; and

CONVINCED of the desirability of encouraging and facilitating economic development in the South Pacific region;

The Government of the United States of America (hereinafter "the United States") and the South Pacific Forum Fisheries Agency (hereinafter "the FFA") agree to promote economic development in the South Pacific region.

The FFA agrees to maintain the economic development fund (hereinafter "the fund") from which it shall administer payments made pursuant to this Agreement to the Pacific Islands States party to the Treaty on Fisheries between the Governments of Certain Pacific Island States and the Government of the United States of America done at Port Moresby on 2nd April 1987.

3.1 The fund shall be controlled and administered by the FFA which shall take appropriate measures as set forth in Article 4.2 below, to ensure that the fund is used solely to support economic development purposes in accordance with section 531(e) of the United States Foreign Assistance Act of 1961, as amended. A financial management system shall be mutually developed and agreed upon by the parties.

3.3 The FFA shall be responsible for establishing and maintaining, in accordance with generally accepted accounting principles, an internal system of record keeping with respect to the fund, including an annual audit report which shall, upon request, be made available to the Government of the United States. The Comptroller General of the United States, or his duly authorized representative, shall be permitted to conduct such audits of the fund as necessary to ensure that the FFA is administering the fund in accordance with this Agreement.

3.4 The parties shall consult from time to time on the operation of the fund, and its effectiveness in accomplishing the purposes of this Agreement.

4.1 During the time this Agreement is in force, the Government of the United States shall make annual cash payments to the FFA for the fund – from the Agency for International Development – in an average amount of eighteen million U.S. dollars (US$18,000,000), subject to the availability of funds for this purpose.

4.2 The FFA shall, in accordance with Article 3.1 above, obtain annual assurances from the Pacific Island States party to the Treaty on Fisheries referred to in Article 2 above that any payments made under this Agreement were used solely to support economic development purposes, and not for military or paramilitary uses. Nothing in this paragraph shall be construed to confer audit rights under this Agreement other than as provided in Article 3.3 above.

5.1 This Agreement shall enter into force on June 15, 2003 and shall remain in force for a period of ten years. It may be terminated by written agreement, or by either party giving the other party one year written notice in advance.

5.2 This agreement may be amended or extended by written agreement of the parties.

5.3 Understandings designating representatives of the parties for the purposes of carrying out this Agreement and providing for its implementation will be set out in the annual grant documents and ancillary communications.

Representatives of the Governments of the Pacific Island States and the Government of the United States of America have agreed on provisions relating to observers in Annex I, Part 6 of the Treaty on Fisheries between the Governments of Certain Pacific Island States and the Government of the United States of America.

The Representatives recognise that the provision for an observer programme is necessary to implement and achieve the objectives of the Treaty.

The Representatives also acknowledge the desirability of providing appropriate administrative measures pursuant to Annex I, Part 6 of the Treaty.

(a) observer operations would be based on the placement of observers at ports of trip origin for complete trips unless otherwise agreed at the outset of the trip;

(b) the United States Government would be notified of observer placements by an Observer Coordinator nominated by the Pacific Island parties;

(c) The Pacific Island parties would use their best endeavours to ensure that a reasonable period of notice was given, which should, wherever practicable, be at least fourteen (14) days;

(d) the United States Government would use its best endeavours to ensure that the Observer Coordinator is kept informed of the expected pattern of port departures and of the planned fishing activities of departing vessels;

(e) the United States Government would facilitate the placing of observers including the provision of visas;

(f) the United States Government would notify the Observer Coordinator of any difficulties involving the discharge of the duties of observers; and

(g) that it is anticipated observers will use the same range of equipment used by United States observers; and there will be a training program in the use of equipment, but crew will also be expected to assist observers in the use of equipment.

^[∗] Editor’s note: Actually attached to the Act as passed were, and included herein are:
1. Treaty on Fisheries between the Governments of Certain Pacific Island States and the Government of the United States of America (along with its Annexes I and II);
2. Agreement among Pacific Island States concerning the Implementation and Administration of the Treaty on Fisheries between the Governments of Certain Pacific Island States and the Government of the United States of America;
3. Agreement between the Government of the United States of America and the South Pacific Forum Fisheries Agency; and
4. Agreed Statement on Observer Programme

Vanuatu Consolidated Legislation - 2006

Multilateral Treaty on Fisheries and Related Amendments (Ratification) Act