U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

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59–118

" ! SENATE 105TH CONGRESS

2d Session

TREATY DOC.

1998

105–53

TREATY WITH NIUE ON DELIMITATION

OF A MARITIME BOUNDARY

MESSAGE

FROM

THE PRESIDENT OF THE UNITED STATES

TRANSMITTING

TREATY BETWEEN THE GOVERNMENT OF THE UNITED STATES

OF AMERICA AND THE GOVERNMENT OF NIUE ON THE DELIMITATION OF A MARITIME BOUNDARY, SIGNED IN WELLINGTON

ON MAY 13, 1997

JUNE 23, 1998.—Treaty was read the first time, and together with the

accompanying papers, referred to the Committee on Foreign Relations

and ordered to be printed for the use of the Senate

(III)

LETTER OF TRANSMITTAL

THE WHITE HOUSE, June 23, 1998.

To the Senate of the United States:

I transmit herewith, for advice and consent of the Senate to ratification, the Treaty Between the Government of the United States

of America and the Government of Niue on the Delimitation of a

Maritime Boundary. The Treaty was signed in Wellington May 13,

1997. The report of the Department of State is enclosed for the information of the Senate.

The sole purpose of the Treaty is to establish a maritime boundary in the South Pacific Ocean between the United States territory

of American Samoa and Niue. The 279-mile boundary runs in a

general east-west direction, with the United States islands of

American Samoa to the north, and Niue to the south. The boundary defines the limit within which the United States and Niue may

exercise maritime jurisdiction, which includes fishery and other exclusive economic zone jurisdiction.

Niue is in free association with New Zealand. Although it is selfgoverning on internal matters, Niue conducts its foreign affairs in

conjunction with New Zealand. Niue has declared, and does manage, its exclusive economic zone. Therefore, the United States requested, and received, confirmation from New Zealand that the

Government of Niue had the requisite competence to enter into this

agreement with the United States and to undertake the obligations

contained therein.

I believe this Treaty to be fully in the interest of the United

States. It reflects the tradition of cooperation and close ties with

Niue in this region. This boundary was never disputed.

I recommend that the Senate give early and favorable consideration to this Treaty and advice and consent to ratification.

WILLIAM J. CLINTON.

(V)

LETTER OF SUBMITTAL

DEPARTMENT OF STATE, Washington, May 27, 1998.

The PRESIDENT

The White House.

THE PRESIDENT: I have the honor to submit to you, with a view

to the transmittal to the Senate for its advice and consent to ratification, the Treaty between the Government of the United States

and the Government of Niue on the Delimitation of a Maritime

Boundary. This treaty was signed at Wellington, May 13, 1997. For

the purpose of illustration only, the boundary has been drawn on

a map attached to the treaty.

The maritime boundary treaty defines the limit within which

each Party may exercise fishery and other exclusive economic zone

(EEZ) jurisdiction in an area where their claimed 200 nautical mile

zones would otherwise overlap,

On March 1, 1997, the United States enacted the Fishery Conservation and Management Act of 1976, which established a fisheries zone contiguous to the territorial sea of the United States, including the territorial sea around American Samoa. As published

in the Federal Register the United States claimed fishery zone adjacent to American Samoa as a line equally distant from American

Samoa and its neighbors. In 1983, this became the limit of the

United States exclusive economic zone.

The Government of Niue first claimed an exclusive economic zone

by Act No. 38, effective April 1, 1978. It reiterated its EEZ claim

when it enacted the Territorial Sea and Exclusive Economic Zone

act of 1996, which entered into force April 7, 1997.

In 1980, the United States concluded maritime boundary treaties

with the Cook Islands an with New Zealand (on behalf of Tokelau)

that established maritime boundaries to the east and to the north

of American Samoa, respectively. Equidistant lines formed the

bases for these boundaries. Following the exchange of instruments

of ratification, the boundary treaty with New Zealand entered into

force on September 3, 1983; the boundary treaty with the Cook Islands entered into force on September 8, 1983.

In the early 1980s, the Government of the United States and

Niue agreed, in principle, that a maritime boundary should be established based on an equidistant line calculated from all relevant

territories. No special circumstances exist in the boundary region.

The water is deep in this area, and no particular resource issue

was identified that required a deviation from an equidistant line.

Both Parties recognized, however, that new coastal geodetic positioning survey work was required for both the American Samoan
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islands and Niue in order to update existing information, and to

place all relevant coastlines on a common datum. Technical work

was conducted by both sides during the 1980s and early 1990s. Positioning of coastal areas was placed on the more accurate World

Geodetic System 1984 (‘‘WGS 84’’) and the North American Datum

1983 (‘‘NAD 83’’). For the purposes of calculating this boundary,

both datums were considered identical.

Prior to signature of the treaty, the political status of Niue was

also addressed. Niue is in free association with New Zealand. While

Niue is self-governing on internal matters, it conducts its foreign

affairs in conjunction with New Zealand. Niue has declared, and

does manage, its exclusive economic zone. Therefore, the United

States requested, and received, confirmation from New Zealand

that the Government of Niue had the competence to enter into this

agreement with the United States.

The treaty consists of seven articles. Article I states that the sole

purpose of this treaty is to establish a maritime boundary in the

South Pacific between the United States (with respect to American

Samoa) and Niue. Article II sets out the technical parameters of

the treaty stating that for the purpose of this treaty the North

American Datum 1983 (‘‘NAD 83’’) and the World Geodetic System

1984 (‘‘WGS 84’’) are considered identical. Further, the article

states that, for the purpose of illustration, a map depicting the

boundary is attached to the treaty.

Article III lists the 19 turning and terminal points defining the

maritime boundary. Article IV sets forth the agreements of the

Parties that, north of the boundary, Niue will not, and, south of the

boundary, the United States will not, ‘‘claim or exercise for any

purpose sovereignty, sovereign rights, or jurisdiction with respect

to the waters or seabed or subsoil.’’

Article V provides that the establishment of the boundary will

not affect or prejudice either side’s position with ‘‘respect to the

rules of international law relating to the law of the sea, including

those concerned with the exercise of sovereignty, sovereign rights,

or jurisdiction with respect to the waters or seabed or subsoil.’’

Article VI sets forth the agreement of the Parties that any dispute arising from the interpretation or application of the treaty will

be resolved by negotiation or other peaceful means agreed upon by

the Parties. Finally, Article VII provides that the treaty will enter

into force on the date of the exchange of instruments of ratification.

The boundary contains 19 turning and terminal points and has

a length of 279.1 nautical miles. Along its entire length, it is equally distant from the coasts of the United States (the islands of

American Samoa) and the island of Niue. In the east, the boundary

begins as the tri-junction point almost 200 miles distant from Rose

Island (U.S.), Niue, and Palmerston Atoll (Cook Islands). In the

west, the boundary terminates as the tri-junction point approximately 151 miles from an unnamed U.S. island just off the southwest point of Tutuila Island, in American Samoa, Niue, and a point

on the Tongan island of Niuatoputapu. The distance from the

boundary to the respective coastlines ranges from 199.3 nautical

miles at the U.S.-Niue-Cook Islands tri-junction point to 139.6 nautical miles, at boundary turning point 15, between the unnamed

U.S. island off Tutuila Island and two points on Niue.
VII

I recommend that the treaty between the United States of America and Niue establishing a maritime boundary between American

Samoa and Niue be transmitted to the Senate as soon as possible

for its advice and consent to ratification.

Respectfully submitted,

STROBE TALBOT.
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