Amendments to the Treaty On Fisheries Between The Governments Of Certain Pacific Island States And The Government Of The United States of America (Preamble, Articles 1, 7, and 9)

Filename: 2002-Amendments-1987-FisheriesPacificIslandsUS.EN.txt
Source: 6263 KAV xxv-xxvi

Amendments to the Treaty on Fisheries Between the Governments of Certain Pacific Island States And the government of the United States of America (Preamble, Articles 1, 3, 7, and 9)

Source: 6263 KAV xxv-xxvi

1. New Preambular Paragraph 5:

"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;"

2. New Article 1.1(b):

""Convention" means the Convention for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean."

3. Amend Article 3.2 to read in its entirety as follows:

"3.2 It shall be a condition of any license issued pursuant to this Treaty that the vessel in respect of which the license 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 license 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 or for fishing by the longline method in high seas areas of the Treaty Area."

[Editor's note: Amendment of Article 3.2 was agreed to on 30 March 1999 but was included in the 2002 "Agreed Record of Amendments Adopted by the Parties to the Treaty".]

4. Amend Article 7 as follows:

Renumber Article 7 as Article 7.1,

Add a new Article 7.2 as follows:

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

Add a new Article 7.3 as follows:

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

Add a new Article 7.4 as follows:

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

5. Amend Article 9 to read in its entirety as follows:

"9. The following procedures shall apply to the adoption and entry into force of any amendment to an Annex of this Treaty 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."

[Editors note: The amendment of Article 3.2 was done at Koror on 19990330 and is included in those amendments as well but was duplicated with other amendments done at Kiritimati on 20020324 as part of the Agreed Record of Amendments to the Treaty On Fisheries Between The Governments Of Certain Pacific Island States And The Government Of The United States of America done at Kiritimati on 20020324.]