________________________________________

THE MARINE MAMMAL COMMISSION COMPENDIUM

MULTILATERAL / FISHERIES
Volume(s) 1-3; pages 1331-1349


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Amendments to the Treaty on Fisheries Between the Governments of Certain Pacific Island States and the Government of the United States of America, Waigani, 1992


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Done at Waigani 14 May 1992

Not in force


Primary source citation: Copy of text provided by the U.S. Department of State


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OFFICE OF THE SECRETARY DEPARTMENT OF FOREIGN AFFAIRS POST OFFICE WARDS STRIP WAIGANI PAPUA NEW GUINEA

12th October 1992

Ambassador David Colsen Deputy Assistant Secretary for Ocean Affairs Bureau of Oceans and International Environmental Affairs Department of State Washington DC 20520 USA

Ref: 270-24-3

Dear Ambassador Colsen

RE:

TREATY ON FISHERIES BETWEEN THE GOVERNMENTS OF CERTAIN PACIFIC ISLAND STATES AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA, ARTICLE 9.

It is hereby proposed that the following Annexes and Schedules to the Treaty on Fisheries Between the Governments of Certain Pacific Island States and the Government of the United States of America be deleted and replaced with the draft Annexes and Schedules accompanying this note.

The Annexes and Schedules to be amended in the manner aforesaid are -

Annex I Schedule 1 Schedule 2 Schedule 4 Schedule 5 Schedule 6

Annex II Schedule 2

As you know, the procedure requires each party to notify the depositary of its acceptance of the proposed amendments. As depositary, I would appreciate receiving your response to this communication at your earliest convenience.

Yours sincerely,

GABRIEL DUSAVA Secretary for Foreign Affairs

ANNEX I

PART 1 INTRODUCTORY

1.

In this Annex:

(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;

(d)

‘Limited Area’ means an area described in Schedule 3;

(e)

‘the vessel’ means the vessel in respect of which a licence is issued; and

(f)

‘transhipment’ 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 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.

PART 2 COMPLIANCE WITH APPLICABLE NATIONAL LAWS

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.

PART 3 PROHIBITIONS

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.

7.

The vessel shall not be used for fishing in any Closed Area.

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.

The vessel shall not be used for fishing in any Limited Area except in accordance with the requirements set out in Schedule 3, which are applicable to that Limited Area.

10.

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 Pacific Island Party in whose zone the transhipment is to take place. Provided that, notwithstanding any such additional terms and conditions, transhipment shall only take place in accordance with the conditions set out in Schedule 4 hereof and catch shall only be transhipped to a carrier vessel duly licensed in accordance with national laws.

PART 4 TRANSHIPMENT

11.

The operator of a vessel shall:

(a)

provide 48 hours notice to the Administrator and the Pacific Island Party of an intent to tranship 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 transhipment is requested to occur;

(b)

only tranship at the time and place authorised for transhipment by the Pacific Island parties;

(c)

submit full reports on the transhipment in the form set out in Schedule 6.

12.

The master and each member of the crew of the vessel from which any fish taken in the Licensing Area is transhipped 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 transhipped 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 photocopying; 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.

PART 5 REPORTING

13.

Information relating to the position of and catch on board the vessel, as described in Part 1 of Schedule 4, shall be provided by telex 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)

each Wednesday while within the Licensing Area or a Closed Area; and

(c)

before entry into port for the purpose of unloading fish from any trip involving fishing in the Licensing Area.

14.

Information relating to the position of and catch on board the vessel, as described in Part 2 of Schedule 4, shall be provided to each Pacific Island party in the manner notified to the Government of the United Sates 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;

(b)

each Wednesday while within the waters of that party;

(c)

at least 24 hours prior to the estimated time of entry into any port of that party; and

(d)

as otherwise set out in Part 3 of Schedule 4.

15.

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 5, 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.

16.

Immediately following the unloading of any fish from the vessel, a report shall be completed in the form set out in Schedule 6 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 transhipment, within fourteen (14) days following unloading of that transhipment at the processing site.

PART 6 ENFORCEMENT

17.

The master and each member of the crew of the vessel shall immediately comply with every instruction and direction given by an authorized 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, facilities, 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 authorized officer of a Pacific Island party and shall not assault, obstruct, resist, delay, refuse boarding to, intimidate or interfere with an authorized officer in the performance of his or her duties.

18.

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.

19.

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.

20.

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 centimetres;

(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 centimetres; and

(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 centimetres;

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.

21.

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 authorized enforcement official of any of the parties. Prior to receipt of the licence, the correct citation of the licence number shall satisfy this requirement.

PART 7 OBSERVERS

22.

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 logs 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;

(c)

disembark at the point and time notified by the Pacific Island parties to the Government of the United States; and

(d)

carry out all duties safely,

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.

23.

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.

24.

(a)

The operators of United States vessels licensed to fish pursuant to the 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 to the Administrator. In the first licensing period of the extended Treaty, the lump sum shall be based on the following formula:

The number of licensed U.S. vessels multiplied by the average annual number of trips per vessel for the latest licensing period for which information is available multiplied by 20 percent multiplied by the cost per trip (US$4,000) equals lump sum payment. In addition in the first two years, an additional payment of US$15,000 per year for training shall be made to the Administrator.

(c)

For subsequent licensing periods, the Parties may, as mutually determined at the annual meeting provided for in Article 7 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;

-

any unused sums are carried forward to the next licensing period, with the annual fee to be reduced accordingly;

-

the factor of inflation shall be taken into account;

-

the costs of training may be reviewed.

25.

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 authorized 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.

26.

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

PART 8 MISCELLANEOUS REQUIREMENTS

27.

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.

28.

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.

29.

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.

30.

It is understood that a region-wide vessel tracking system applicable to all vessels licensed to fish in the Treaty Area may be established. U.S. vessels with a licence to fish under the Treaty shall participate in such a system and shall install and operate a transponder of a type and in such a manner as may be agreed by the Parties. It is understood that data derived through the system shall be treated as confidential business information and that the terms and conditions for access to that information shall be a matter of discussions between the Parties.

SCHEDULE 1 APPLICABLE NATIONAL LAWS

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.

Australia 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

Cook Islands Cook Islands Commercial Fishing Regulations, 1951 Exclusive Economic Zone (Foreign Fishing Craft) Regulations, 1979 Fisheries Protection Act, 1976 Fishing Ordinance, 1950 Territorial Sea and Exclusive Economic Zone Act, 1977

Federated States of Micronesia 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

Fiji Fisheries Act, 1942 Fisheries Ordinance (Cap 135) Fisheries Regulations (Cap 135) Marine Spaces Act, 1978 Marine Spaces (Foreign Fishing Vessels) Regulations, 1979

Kiribati Fisheries Ordinance, 1979 Fisheries (Amendment) Act, 1984 Marine Zones (Declaration) Act, 1983

Marshall Islands Title 33, Marine Resources Act, as amended by P.L. 1989-56, P.L. 1991-143 and P.L. 1992-25 of the Marshall Islands revised Code.

Nauru Interpretation Act, 1971 Marine Resources Act, 1978

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

Niue Cook Islands Commercial Fishing Regulations 1951 Niue Fish Protection Act 1965 Sunday Fishing Prohibition Act 1980 Territorial Sea and Exclusive Economic Zone Act 1977

Palau Palau National Code, Title 27

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

Solomon Islands Delimitation of Marine Waters Act, 1978 Fisheries Act, 1972 Fisheries Limits Act, 1977 Fisheries Regulations, 1972 Fisheries (Foreign Fishing Vessels) Regulations, 1981

Tonga Fisheries Protection Act, 1973 Fisheries Regulation Act, 1923 Whaling Industry (Amendment) Act, 1979 Fisheries Act, 1989

Tuvalu Fisheries Act (Cap 45) Fisheries (Foreign Fishing Vessel) (Amendment) Regulations, 1982 Marine Zones (Declaration) Act, 1983

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

Western Samoa Exclusive Economic Zone Act, 1977 Territorial Sea Act, 1971 Fisheries Act, 1988

SCHEDULE 2 CLOSED AREAS

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 25°30° south with the point of intersection of the meridian of longitude 151° East by the outer limit of the AFZ and all waters south of the parallel of latitude 25°30° South.

Cook Islands Territorial Sea

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:

VERSION(8), COLUMNS(2), DIMENSION(TM), COLWIDTHS(E1,E1), KEEP(OFF), ABOVE(63500), BELOW(63500), HGUTTER(14097), VGUTTER(14097),

DMAHTC NO 81019

(2nd. ed., Mar. 1945; revised 7\17\72. Corrected through NM 3\78 of June 21, 1978).

DMAHTC NO 81023

(3rd. ed., Aug. 7, 1976).

DMAHTC NO 81002

(4th. ed., Jan. 26, 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 the Marine Zones Declaration Act 1983; within 12 nautical miles drawn from the baselines from which the territorial seas 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 39° South latitude; all waters to east of New Zealand main islands south of 40° 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:

VERSION(8), COLUMNS(3), DIMENSION(TM), COLWIDTHS(E1,E1,E1), KEEP(OFF), ABOVE(63500), BELOW(63500), HGUTTER(14097), VGUTTER(14097),

Atafu:

3°35°10°S, 172°29°30°W

Nukunonu:

9°06°25°S, 171°52°10°W

9°11°30°S, 171°47°00°W

Faka'ofo:

9°22°30°S, 171°16°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 -

a)

commencing at the north-easternmost intersection of the outer limit of the 12 nautical mile territorial sea of Palau by the arc of a circle having a radius of 50 nautical miles and its centre at Latitude 07°16°34° North, Longitude 134°28°25° East, being at about the centre of the reef entrance to Malakal Pass;

b)

running thence generally south-easterly, southerly, south-westerly, westerly, north-westerly, northerly and north-easterly along that are to its intersection by the outer limit of the 12 nautical mile territorial sea; and

c)

thence generally northerly, north-easterly, easterly, south-easterly and southerly along that outer limit to the point of commencement.

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 In addition to its territorial sea and internal waters, within the area bounded by the following parallels and meridians - from latitude 0°30° South to latitude 3°30° South, and from longitude 149° East to longitude 153° East.

Solomon Islands All waters within the fishery limits of the Solomon Islands (including internal waters, territorial sea and archipelagic waters) except that part of the fishery limits east and north of the following lines: commencing at a point 161° East, 4°20° South, then extending due south along 161° to a point 6°30° South, then by a line extending due east to a point 165° East, then by a line due south to a point 8° South, then by a line due east to a point 169°55° East.

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. Macau, Kosciusko, Rose, Bayonnaise and Hera, in Tuvalu EEZ, as depicted on the chart entitled ‘Tuvalu Fishery Limits’ prepared by the United Kindgom Hydrographic Department, Taunton, January 11, 1981.

Vanuatu Archipelagic waters and the territorial sea, and internal waters.

Western Samoa 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.

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.

SCHEDULE 4 REPORTING DETAILS

PART 1 LICENSING AREA REPORTS TO THE ADMINISTRATOR

(a)

Port departure and entry into port for unloading

(1)

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

(2)

Regional Register number

(3)

Trip begin date

(4)

date and time (GMT)

(5)

international call sign

(6)

port name

(7)

catch on board by species (in short tons)

(8)

intended action

as:

LBEG (or LFIN) / RREG# / TBD / ddmmyy / TIME / CALL SIGN / PORT / SJ xxx YF yyy OTH zzz / INTENDED ACTION
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(b)

Weekly reports

(1)

report type (WEEK)

(2)

Regional Register number

(3)

Trip begin date

(4)

date and time (GMT)

(5)

international call sign

(6)

position (to one minute of arc)

(7)

catch on board by weight by species

(8)

intended action

as:

WEEK / RREG# / TBD / ddmmyy / TIME / CALL SIGN / LA 1111 / LO 11111 / SJ xxx YF yyy OTH zzz / INTENDED ACTION
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(c)

Transhipment reports

(1)

report type (TRANS)

(2)

Regional Register number

(3)

Trip begin date

(4)

date and time (GMT)

(5)

international call sign

(6)

position (to one minute of arc)

(7)

catch transferred by weight by species

(8)

name of carrier/Freezer

(9)

destination of catch

as:

TRANS/ RREG# / TBD / ddmmyy / TIME / CALL SIGN / LA 1111 / LO 11111 / SJ xxx YF yyy OTH zzz / CARRIER NAME / DESTINATION OF CATCH
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PART 2 REPORTS TO NATIONAL AUTHORITIES

(a)

Zone Entry and Exit

(1)

report type (ZENT for entry and ZEXT for exit)

(2)

Regional Register number

(3)

Trip begin date

(4)

date and time (GMT)

(5)

international call sign

(6)

position (to one minute of arc)

(7)

catch on board by weight by species

(8)

intended action

as:

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

Weekly Reports

(1)

report type (WEEK)

(2)

Regional Register number

(3)

Trip begin date

(4)

date and time (GMT)

(5)

international call sign

(6)

position (to one minute of arc)

(7)

catch on board by weight by species

(8)

intended action

as:

WEEK / RREG# / TBD / ddmmyy / TIME / CALL SIGN / LA 1111 / LO 11111 / SJ xxx YF yyy OTH zzz / INTENDED ACTION
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(c)

Port Entry Reports

(1)

report type (PENT)

(2)

Regional Register number

(3)

Trip begin date

(4)

date and time (GMT)

(5)

international call sign

(6)

position (to one minute of arc)

(7)

catch on board by weight by species

(8)

estimated time of entry into port (GMT)

(9)

port name

(10)

intended action

as:

PENT / RREG# / TBD / ddmmyy / TIME / CALL SIGN / LA 1111 / LO 11111 / SJ xxx YF yyy OTH zzz / ETA/ PORT NAME / INTENDED ACTION
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(d)

Transhipment reports

(1)

report type (TRANS)

(2)

Regional Register number

(3)

Trip begin date

(4)

date and time (GMT)

(5)

international call sign

(6)

position (to one minute of arc)

(7)

catch transferred by weight by species

(8)

name of carrier/Freezer

(9)

destination of catch

as:

TRANS / RREG# / TBD / ddmmyy / TIME / CALL SIGN / LA 1111 / LO 11111 / SJ xxx YF yyy OTH zzz / CARRIER NAME / DESTINATION OF CATCH
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PART 3 OTHER NATIONAL REPORTING REQUIREMENTS

1.

Australia

(a)

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

(b)

24 hours of intention to enter the Australian Fishing Zone; and

2.

Fiji

(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

(b)

While in Fiji fisheries waters, weekly report of catch by species.

3.

Kiribati

While in the Kiribati exclusive economic zone, report on entry into or exit from Closed Areas.

4.

New Zealand

(a)

24 hours notice of intention to enter New Zealand's exclusive economic zone giving notice of - name and call sign of craft; position of point of entry; species, quantity and condition of catch on board.

(b)

While in the New Zealand exclusive economic zone; 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 transhipping within New Zealand fisheries waters, except at a port and time authorised by the Director General. 10 days notice of intention to tranship will be required.

(c)

24 hours notice of intention to exit New Zealand's exclusive economic zone giving notice of - position at point of exit; species, quantity and condition of catch on board.

5.

Solomon Islands

Report on:

(a)

Expected vessel position, date and time of entry at least 24 hours before entry in to the Solomon Islands Fishery Limits;

(b)

Entry to or exit from Solomon Islands Limited Area together with the catch on board by weight and volume; and

(c)

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.

6.

Tonga

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

7.

Tuvalu

(a)

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

(i)

the name, call sign and country of registration of the vessel;

(ii)

the license number;

(iii)

position on entry; and

(iv)

catch by species.

SCHEDULE 5 PURSE SEINE VESSEL CATCH REPORT FORM

SCHEDULE 6 PURSE SEINE UNLOADING AND TRANSHIPMENT LOGSHEET

SCHEDULE 6 PURSE SEINE TRANSHIPMENT AND OTHER UNLOADING LOGSHEET

TRIP NO: TRIP COMMENCEMENT DATE:

VESSEL NAME: RADIO CALL SIGN:

(1) PORT:

[OR POSITION: LAT LONG ]

(2) DATES

(a) AT UNLOADING POINT

ARRIVAL: DEPARTURE:

(b) AT UNLOADING

COMMENCEMENT: COMPLETION:

(3)PARTIAL OR COMPLETE UNLOADING

(4)UNLOADING TO: [(separate form to be completed for each transhipment/unloading recipient)]

(5) (a)CARRIER VESSEL NAME:

and RADIO CALL SIGN OR REGIONAL REGISTER NO:

or

(b)NAME AND ADDRESS OF COMPANY ACCEPTING FISH:

(6)[DESTINATION OF FISH] (FISH TO BE PROCESSED AT) (separate form to be completed for each processing destination)

(7)QUANTITY UNLOADED [Enter quantity by size class in short tons]

Quantity Quantity [Tranship Accepted Rejected Estimates]

Yellowfin

Skipjack

Bigeye

Marlin

Unit (eg tons)

(9)SIGNATURES

VESSEL MASTER RECEIVING AGENT

NB:

An attachment to this form should include a signed copy of the size breakdown of catch as provided by the cannery.

ANNEX II

1.

For the purposes of this Annex:

(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:

(i)

failing to report entry into and exit from Zones;

(ii)

failing to report while in a Zone;

(iii)

misreporting position and catch on board; or

(iv)

improperly marking the vessel and gear.

(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.

(c)

If the corrective action is taken within 30 days, the Administrator shall not suspend good standing.

(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.

5.

Subject to paragraph 6, a licence may be denied:

(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:

(i)

good standing is withdrawn only as a result of:

(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; or

(C)

the vessel operator has failed to comply with the annual registration and information requirements for registration as notified by the Administrator to the Government of the United States;

(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

(e)

where an operator has committed, or the vessel has been used for:

(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;

is promptly provided to the Government of the United States.

SCHEDULE 2 PAYMENTS AND REVIEW

1.

The following amounts are payable annually for a period of ten (10) years pursuant to paragraph 3 of Annex II -

(a)

an annual industry payment of US$4 million, which shall cover -

(i)

licence fees for up to 55 vessels as set forth in paragraph 2 below; and

(ii)

technical assistance;

(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.

During each licensing period, the Administrator shall make available a maximum of 55 licences to fishing vessels of the United States for fishing in the Licensing Area. Any licences issued beyond 50 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 55 licences during any of the first three licensing periods, the Pacific Island parties reserve the right at the end of the third licensing period to review the allocation of licences beyond 50 for the remaining licensing periods.

3.

Prior to the beginning of the sixth licensing period, the Parties shall review the number of licences to be issued, the licence fees and any other issues which may be identified during the preceding Annual Consultations. During such review, the Parties shall determine the number of licences and the licence fees for the second five-year period. Any agreed changes in the number of licences or licence fees shall be reflected in the annual industry payment.