________________________________________

THE MARINE MAMMAL COMMISSION COMPENDIUM

BILATERAL / PAPUA NEW GUINEA
Volume(s) 1-3; pages 3401-3403


_________________________________________________

======================================

Agreement Between the Government of the United States of America and the Government of Papua New Guinea Concerning Fishing by United States Vessels in Papua New Guinea's Archipelagic Waters Pursuant to the Treaty on Fisheries Between the United States and Certain Pacific Island States, Waigani and Port Moresby, 1987


________________________________


Done at Waigani and Port Moresby 4 and 5 March 1987 and 25 March 1987


Entered into force 25 March 1987


Primary source citation: TIAS 11290


_________________________________________

WAIGANI

4th March, 1987. Note No. 120/87

The Department of Foreign Affairs presents its compliments to the Embassy of the United States of America and has the honour to refer to fishing within Papua New Guinea's archipelagic waters pursuant to the Treaty on Fisheries between the Governments of Certain Pacific Island States and of the United States of America.

The Department wishes to confirm the Government of Papua New Guinea's intention to apply the following principles on a bilateral basis to fishing by US vessels inside Papua New Guinea's archipelagic waters, so long as both Papua New Guinea and the United States are parties to the aforementioned agreement:

1. All fishing conducted in the archipelagic waters shall be subject to an international fisheries agreement.

2. Appropriate embassies in Port Moresby or other points of contact as approved by the government shall be the points of contact for purposes of fishing within the archipelagic waters.

3. All fees are to be paid to the Government of Papua New Guinea. In the case of US vessels all matters relating to fees should be handled through procedures set forth in the Treaty on Fisheries Between the Governments of Certain Pacific Island States and the United States of America.

4. United States fishing vessels will give 24 hours advance notice of all entries and exits into and from the archipelagic waters. No fishing is permitted within the territorial waters when a fishing vessel is in transit.

5. All entries and exits to and from the archipelagic waters shall be conducted through the normal channels of navigation unless in pursuit of fish or for reasons of distress, etcetra.

6. Entry into all internal waters is prohibited unless prior approval is given by the Government of Papua New Guinea or as a result of an emergency or distress, etcetra.

7. All US fishing vessels are to stay clear from and not to interfere with other vessels and installations within the archipelagic waters.

8. All forms of scientific research unless approved in writing by the Government of Papua New Guinea are strictly prohibited.

9. US fishing vessel operators shall be responsible for any damage resulting from operations of their fishing vessels.

10. Shore-based facilities should be established in Papua New Guinea to the extent this is practical and economically feasible.

11. Refuelling and victuals should be obtained from Papua New Guinea as far as practical and economically feasible.

12. Marine mammals are not to be hunted but if caught all details of their catch must be reported.

The Department of Foreign Affairs has the honour to propose that if the foregoing is acceptable to the Government of the United States of America, this Note and the Embassy's reply to this effect shall together constitute an agreement on the principles to be applied to fishing vessels of the United States of America in Papua New Guinea's archipelagic waters, which shall enter into force on the date of the Embassy's Note.

The Department of Foreign Affairs avails itself of this opportunity to renew to the Embassy of the United States of America the assurances of its highest consideration.

WAIGANI

5 March 1987. Note No. 124/87

The Department of Foreign Affairs presents its compliments to the Embassy of the United States of America and has the honour to refer to its Note No. 120/ 87 of 4th March 1987 regarding fishing within Papua New Guinea's archipelagic waters pursuant to the Treaty on Fisheries between the Government of certain Pacific Island States and of the United States of America.

The Department wishes to advise the Embassy of the United States that an omission has been made inadvertently in paragraph relating to principle number four (4) in its earlier Note which reads:

‘United States fishing vessels will give 24 hours advance notice of all entries and exits into and from the archipelagic waters. No fishing is permitted within the territorial waters when a fishing vessel is in transit’.

The Department therefore wishes to further advise and also confirm that this principle should correctly read as follows:

‘United States fishing vessels will give 24 hours advance notice of all entries and exits into and from the territorial waters in transit to and from the archipelagic waters. No fishing is permitted within the territorial waters when a fishing vessel is in transit’.

The Department of Foreign Affairs has the honour to propose that if the foregoing revision is acceptable to the Government of the United States of America its earlier Note and this Note together with the Embassy's reply to this effect shall together constitute an Agreement on the principles to be applied to fishing vessels of the United States of America in Papua New Guinea's archipelagic waters which shall enter into force on the date of the Embassy's Note.

The Department of Foreign Affairs avails itself of this opportunity to renew to the Embassy of the United States of America the assurances of its highest consideration.

Embassy of the United States of America Port Moresby

March 25, 1987.

No. 35

The Embassy of the United States of America presents its compliments to the Department of Foreign Affairs of the Independent State of Papua New Guinea and has the honor to refer to Department Note No. 120/87 dated March 4, 1987, and Department Note No. 124/87 dated March 5, 1987, which read as follows:

[For text of Papua New Guinea's notes, see pages 3401-3402.]

The Government of the United States agrees that the principles set forth in Department Note No. 120/87 and Department Note No. 124/87 should together apply to fishing by United States vessels in Papua New Guinea's archipelagic waters pursuant to the Treaty on Fisheries between the Governments of Certain Pacific Island States and of the United States of America.

The Embassy of the United States of America avails itself of this opportunity to renew to the Department of Foreign Affairs the assurances of its highest consideration.