Exchange Of Notes Regarding Access To The Australian Fishing Zone Constituting An Agreement In Relation To The Treaty On Fisheries Between The Government Of Certain Pacific Island States And The Government Of The United States of America

Filename: 1987-AustraliaUnitedStatesFisheriesAccess-1987-FisheriesPacificIslandsUS.EN.txt

Exchange Of Notes Constituting An Agreement Between The Government Of Australia And The Government Of The United States Of America On Access To The Australian Fishing Zone

Source: http://www.info.dfat.gov.au/info/treaties/treaties.nsf/AllDocIDs/C12F87C...

[Note from the Embassy of the United States of America, Port Moresby, to the Australian High Commission, Port Moresby]

Note I

Note No. 1

The Embassy of the United States of America presents its compliments to the Australian High Commission and has the honour to refer 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 2 April 1987.

In connection with the conclusion of the treaty, the Embassy has the honour to propose the following agreement between the Governments of Australia and the United States of America.

The Government of the United States accepts that the waters under the jurisdiction of Australia surrounding Christmas Island and Cocos/Keeling Islands will not be open initially to fishing by United States vessels pursuant to the Treaty.

However, the Government of Australia, noting the concern of the Government of the United States that only a small portion of the total area of waters under Australian jurisdiction is at present open to fishing by United States vessels under the Treaty and in concert with the spirit of the Treaty, shall make its best effort, consistent with prudent management practices and following consultation with local communities and fisheries experts, to open in a timely manner all or parts of the waters surrounding Christmas Island and Cocos/Keeling Islands to fishing by United States vessels pursuant to the treaty.

The Government of Australia agrees to advise the Government of the United States, as soon as possible after the signature of the Treaty, of the results of the Australian effort to open all or parts of the waters surrounding Christmas Island and Cocos/Keeling Islands to fishing in accordance with the Treaty, so that Schedule 2 of Annex I of the Treaty may, if appropriate, be amended accordingly no later than the first annual Consultative Meeting pursuant to Article 7 of the Treaty.

The Embassy has the honour to propose that, if the foregoing is acceptable to the Government of Australia, this note and High Commission's confirmation reply shall together constitute an agreement between the two Governments which shall enter force on the date of the reply.

The Embassy of the United States of America avails itself of this opportunity to renew to the Australian High Commission the assurances of its highest consideration.

Embassy of the United States of America

PORT MORESBY

2 April 1987

[Note from the Australian High Commission, Port Moresby, to the Embassy of the United States of America, Port Moresby]

Note II

Note No: 90/87

The Australian High Commission presents its compliments to the Embassy of the United States of America and has the honour to refer to the note of the Embassy numbered 1 of 2 April 1987 which reads as follows:

[Here follows text as printed under I.]

The High Commission has the honour to inform the Embassy that the foregoing is acceptable to the Government of Australia and to confirm that the Embassy's note of 2 April 1987, together with this reply, shall constitute an agreement between the Government of Australia and the Government of the United States of America which shall enter into force on the date of this note.

The Australian High Commission avails itself of this opportunity to renew to the Embassy of the United States of America the assurances of its highest consideration.

PORT MORESBY

2 April 1987