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
Source: http://www.austlii.edu.au/au/other/dfat/treaties/1988/43.html, downloaded 20061227
THE GOVERNMENTS OF THE PARTIES TO THIS AGREEMENT:
BEING PARTIES to the South Pacific Forum Fisheries Agency Convention under which they have agreed to co-operate through the Forum Fisheries Committee in respect of relations with 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 have 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;
HAVE AGREED AS FOLLOWS:
Article 1
Interpretation
In this Agreement:
(a) "Administrator" means the Administrator established in accordance with
(i) Article 2 of this Agreement; and
(ii) Article 1 of the Principal Agreement;
(b) "Closed Area" has the meaning described in Article 1 of the Principal Agreement;
(c) "Licensing 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 Government of certain Pacific Island States and the Government of the United States of America, done in Port Moresby on 2 April, 1987.
Article 2
Administrator
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.
2.2 The Administrator shall be responsible to the parties for:
(a) performing the functions required by the Principal Agreement;
(b) receiving information, documents and payments in accordance with the terms of the Principal Agreement;
(c) convening meetings of the parties;
(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.
Article 3
Co-operation in Annex renegotiations
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.
Article 4
Provision of information by the Administrator
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 receives pursuant to the Principal Agreement and this Agreement, unless:
(a) this Agreement provides otherwise;
(b) the parties agree otherwise; or
(c) he is authorised 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.
Article 5
Provision of information to the Administrator
5.1 Each party shall provide to the Administrator, as early as practicable:
(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.
Article 6
Meetings
6. 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.
Article 7
Administrative costs
7.1 The Administrator shall submit to the parties for their approval:
(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 moneys received pursuant to the Principal Agreement, equal to the administrative costs incurred during the previous quarter, provided that the total deductions for the Licensing Period shall not exceed the total amount approved in accordance with paragraph 1 of this Article.
Article 8
Distribution of payments
8.1 Any payments 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 amounts 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.
Article 9
Auditing of accounts
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 relate to the Administrator's functions pursuant to this Agreement.
Article 10
Amendment of this Agreement
10.1 The following procedures shall apply to the adoption and entry into force of any amendment to this Agreement.
10.2 Any party may propose amendments 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.
Article 11
Notification
11.1 The provisions of Article 10 of the Principal Agreement shall apply, mutatis mutandis, to the provisions of this Agreement.
Article 12
Status of Schedule
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.
Article 13
Depositary
The depositary for this Agreement shall be the Government of Papua New Guinea.
Article 14
Final clauses
14.1 This Agreement shall be open for signature by all parties.
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.
DONE at Port Moresby on the second day of April, 1987.
[Signatures not reproduced here.]
SCHEDULE 1
DISTRIBUTION OF PAYMENTS
The Administrator shall distribute any amounts received pursuant to the Treaty on Fisheries between the Governments of Certain Pacific Island States and the Government of the United States of America, after deducting administrative costs in accordance with Article 7.2, in accordance with this Schedule.
(a) From US$9 million of the United States Government cash grant and all industry cash payments, and interest accruing on funds from these two sources:
(i) fifteen (15) per cent shall be distributed equally among the Pacific Island parties;
(ii) eighty-five (85) per cent shall be distributed according to the shares of the volumes of catches in waters in the Licensing Area of the Treaty reported by vessels fishing while licensed pursuant to the Treaty.
(b) Pacific Island parties shall have access to equal amounts from the US$1 million cash grant from the United States Government for economic development projects.
(c) Pacific Island parties shall have equal opportunities for access to the US$250,000 value of technical assistance to be provided upon request by a Pacific Island party, from the United States tuna industry.
(d) 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 (a) (i) of all amounts received by the beginning of the Licensing Period.
(e) The Administrator shall, as soon as practicable after the end of each Licensing Period, distribute fifty (50) per cent of the remaining funds accrued at that date according to the distribution of the reported volume of catch as set out in paragraph (a)(ii).
(f) 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 so that the total distribution of funds for the Licensing Period accords with paragraph (a). Such payments shall be made not later than six months after the end of the Licensing Period unless all Pacific Island parties agree otherwise.
