49–115

109TH CONGRESS EXEC. REPT.

1st Session " ! SENATE 109–8

CONVENTION ON THE CONSERVATION AND MANAGEMENT OF THE HIGHLY MIGRATORY FISH STOCKS IN

THE WESTERN AND CENTRAL PACIFIC OCEAN (TREATY

DOC. 109–1)

NOVEMBER 16, 2005.—Ordered to be printed

Mr. LUGAR, from the Committee on Foreign Relations,

submitted the following

REPORT

[To accompany Treaty Doc. 109–1]

The Committee on Foreign Relations, to which was referred the

Convention on the Conservation and Management of the Highly

Migratory Fish Stocks in the Western and Central Pacific Ocean,

with Annexes (Treaty Doc 109–1) (the ‘‘WCPF Convention’’), which

was adopted at Honolulu, Hawaii on September 5, 2000, by the

Multilateral High Level Conference on the Highly Migratory Fish

Stocks in the Western and Central Pacific Ocean and signed by the

United States on that date, having considered the same, reports favorably thereon and recommends that the Senate give its advice

and consent to ratification thereof, as set forth in this report and

accompanying resolution of advice and consent.

CONTENTS

Page

I. Purpose ........................................................................................................... 1

II. Background .................................................................................................... 2

III. Summary of Key Provisions of the Agreement ............................................ 2

IV. Implementing Legislation ............................................................................. 5

V. Committee Action .......................................................................................... 5

VI. Committee Recommendation and Comments .............................................. 5

VII. Text of Resolution of Advice and Consent to Ratification .......................... 6

I. PURPOSE

The WCPF Convention sets forth legal obligations and establishes the cooperative mechanisms necessary for the long-term conservation and sustainable use of highly migratory fish stocks (such

as tuna and swordfish) that range across the high seas of the westVerDate 11-MAY-2000 19:11 Nov 16, 2005 Jkt 000000 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 WCPF.TXT SFORELA1 PsN: SFORELA1
2

ern and central Pacific Ocean as well as through waters under the

fishery jurisdiction of numerous coastal nations. The Convention

creates a regional fisheries management organization for the western and central Pacific Ocean, the last major area with extensive

fishing for highly migratory species that lacks such an organization.

II. BACKGROUND

The fisheries for tuna in the western and central Pacific are the

largest and most valuable in the world. Discussions leading to the

development of the WCPF Convention began in December 1994, at

the Multilateral High Level Conference on the Conservation and

Management of the Highly Migratory Fish Stocks in the Western

and Central Pacific Ocean in Honiara, Solomon Islands, in response to increasing interest in managing a sustainable harvest of

fish stocks that migrate through coastal waters and high seas

where many nations fish competitively. The WCPF Convention was

adopted on September 5, 2000, in Honolulu, Hawaii, and the

United States signed the Convention on that date. Of 25 entities

eligible to sign the Convention, 22 have done so (all but Japan, the

Republic of Korea, and the United Kingdom). In addition, at least

17 nations have ratified or acceded to the Convention, and Taiwan

has completed requirements to participate in the Convention as a

‘‘fishing entity.’’ The WCPF Convention entered into force on June

19, 2004, six months after deposit of the thirteenth instrument of

ratification.

The WCPF Convention seeks to balance the interests of coastal

nations in protecting fishery resources off their shores, and those

of distant water fishing nations. As both the coastal nation with

the largest Exclusive Economic Zone (EEZ) in the Convention area

(relative to Hawaii, American Samoa, Guam, and the Northern

Mariana Islands), and a major distant-water fishing nation, the

United States played a key role in shaping the negotiations.

III. SUMMARY OF KEY PROVISIONS OF THE AGREEMENT

A detailed article-by-article discussion of the WCPF Convention

may be found in the Letter of Submittal from the Secretary of

State to the President, which is reprinted in full in Treaty Document 109–2. A summary of the key provisions of the Convention

is set forth below.

Article 1 of the Convention defines the term ‘‘highly migratory

fish stocks’’ to include all fish stocks of the species listed in Annex

I of the 1982 U.N. Convention on the Law of the Sea and occurring

in the Convention area, as well as any other fish species as determined by the Commission established under the Convention.

Article 3(1) defines the Convention area to include all waters of

the Pacific Ocean north and west of specified lines delineating the

southern and eastern limits. In the east, the Convention Area

slightly overlaps waters subject to regulation by the Inter-American Tropical Tuna Commission (IATTC). The southern limits of

the Convention area follow the northern limits of the Convention

on the Conservation of Antarctic Marine Living Resources

(CCAMLR), while the northern limit of the Convention area is selfVerDate 11-MAY-2000 19:11 Nov 16, 2005 Jkt 000000 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 WCPF.TXT SFORELA1 PsN: SFORELA1
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defining. Intractable disputes over maritime boundaries in the

South China Sea and elsewhere complicated efforts to denote the

western limit of the Convention area. Therefore, in this regard, the

Convention provides only that the conservation and management

measures will be applied throughout the range of the stocks, or to

specific areas within the WCPF Convention area as determined by

the Commission. Article 3(2) confirms that nothing in the Convention will constitute recognition of the claims or positions of any

members of the Commission with regard to maritime boundary disputes. The Convention area covers waters under U.S. jurisdiction

around the State of Hawaii and the U.S. Pacific territories. However, measures adopted under the Convention will not affect U.S.

law with respect to foreign fishing activities within the U.S. EEZ.

Article 5 contains the general principles and measures for conservation and management of the fish stocks covered by the Convention. It provides that conservation and management measures

adopted by members of the Commission are to be based on the best

scientific information available and designed to maintain or restore

stocks at levels capable of producing maximum sustainable yield,

as qualified by relevant environmental and economic factors, and

are to apply the precautionary approach. Provisions are also included related to assessing the impact of fishing, other human activities and environmental factors on target stocks; adopting measures to minimize waste, discards, and catch by lost or abandoned

gear; protecting biodiversity in the marine environment; taking

measures to prevent or eliminate over-fishing; and collecting and

sharing data concerning fishing activities. Under Article 7, these

principles and measures are also to be applied by coastal states in

areas under their national jurisdiction within the Convention area.

Article 9 of the Convention provides for establishment of the

Commission and deals with a number of organizational issues, including meetings, election of officers, the Commission’s legal capacity, privileges and immunities of the Commission and its officers,

and adoption of Commission rules of procedure. Article 9(2) permits

Taiwan to participate in the work of the Commission as a ‘‘fishing

entity’’ whose vessels fish for highly migratory stocks in the Convention area. Annex I sets forth the procedures under which a fishing entity must give its consent to be bound by the regime established by the Convention.

Article 10 outlines the functions of the Commission in monitoring

and managing fish stocks, including the determination of total allowable catches, criteria for allocating harvest, and the adoption of

measures relating to quantity of species caught and size of fish

taken.

Article 11 establishes supporting bodies for the Commission, including a Scientific Committee and a Technical and Compliance

Committee. It also establishes a special Northern Committee that

will recommend conservation and management measures for the

Commission area north of the 20 °N parallel; it will be composed

of members of the Commission located in or fishing in that area.

Commission rules of procedure, adopted following the Convention’s

entry into force, clarify that the Commission is not to adopt measures specific to northern area species without a recommendation by

the Northern Committee. Articles 12 and 14 lay out the functions

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of the Scientific Committee and the Technical and Compliance

Committee, respectively. The purpose of the Scientific Committee is

to ensure that the Commission obtains the best scientific information available. The Technical and Compliance Committee is to provide the Commission with information and technical advice on the

implementation of, and compliance with, conservation and management measures; monitor and review compliance with such measures; and review the implementation of monitoring, control, surveillance and enforcement measures adopted by the Commission

and make recommendations.

Article 15 provides for the establishment of a permanent Secretariat, with an Executive Director as the chief administrative officer, and sets forth its functions.

Article 18 requires the Commission budget to be adopted by consensus, with assessed contributions for Commission members. The

assessed fee is to be based on several criteria, including an ‘‘equal

basic fee,’’ a fee based upon national wealth, and a variable fee

based upon total catch taken in the Convention area.

Article 20 outlines how the Commission will make its decisions.

It is designed to ensure that distant-water fishing nations will not

be bound by measures to which they do not agree, while also ensuring that failure to reach a consensus will not prevent the adoption

of necessary measures for the conservation and management of fish

stocks. Differing majorities are required for different decisions. For

example, consensus is required for key issues such as allocation of

total allowable catch and adoption of the budget and the formula

for contributions. Decisions on other matters are to be made by a

three-fourths majority, after efforts to achieve consensus have been

exhausted. The three-fourths majority must include three-fourths

of Commission members that are also members of the Pacific

Forum Fisheries Agency (comprised of the island states of the western and central Pacific) and three-fourths of the other members of

the Commission, provided that no measure is to be defeated by two

or fewer votes of either group.

Article 23 sets forth the duty of Commission members to promptly implement the provisions of the Convention and the measures

agreed to under the Convention, and to provide certain information

to the Commission. It also requires each member, to the greatest

extent possible, to take measures to ensure that its nationals, and

the fishing vessels owned or controlled by them, comply with the

Convention’s provisions. Article 24 contains a similar requirement

for Commission members with respect to fishing vessels flying their

flag.

Articles 25 through 27 address matters pertaining to compliance

and enforcement. Members of the Commission are required to implement the provisions of the WCPF Convention and conservation

and management measures adopted pursuant to it. Each member

of the Commission is to fully and promptly investigate alleged violations by vessels flying its flag, and to take expeditious action to

punish offenders. Sanctions are to be adequate in severity to discourage further violations and to deprive the offenders of the benefits of their illegal activities. When a member of the Commission

has established, in accordance with its laws, that a fishing vessel

flying its flag has committed a serious violation, that member shall

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ensure that the vessel in question ceases all fishing activities until

any resulting sanctions imposed by the flag State have been complied with. Article 26 provides that the Commission establish procedures for the boarding and inspection of fishing vessels on the

high seas of the WCPF Convention area. Article 27 sets forth the

right and duty of port States to take measures, in accordance with

international law, to promote the effectiveness of conservation and

management measures.

Article 28 calls upon the Commission to develop a regional observer program to collect verified catch data, other scientific data

and information on fishing activities in the WCPF Convention area

and to monitor the implementation of conservation and management measures adopted by the Commission. The confidentiality of

the catch data is to be protected. The program is to be coordinated

by the Secretariat and is to consist of independent and impartial

observers authorized by the Secretariat.

Article 43 provides for participation in the work of the WCPF

Convention by territories located in the Convention area, including

the right to be present and to speak at the meetings of the Commission and its subsidiary bodies, subject to the appropriate authorization of the party having responsibility for their respective

international affairs. In response to a question from the committee,

the executive branch has confirmed its intention to authorize such

participation by the U.S. Pacific island areas of American Samoa,

Guam, and the Northern Mariana Islands.

IV. IMPLEMENTING LEGISLATION

Legislation will be needed to implement this Convention. The executive branch has indicated that it will soon provide proposed legislation to the appropriate congressional committees.

V. COMMITTEE ACTION

The Committee on Foreign Relations held a public hearing on the

WCPF Convention on September 29, 2005, at which it heard testimony from a representative of the Department of State. (A hearing

print of this session will be forthcoming.) On October 25, 2005, the

committee considered the Convention and ordered it favorably reported by voice vote, with the recommendation that the Senate give

its advice and consent to its ratification.

VI. COMMITTEE RECOMMENDATION AND COMMENTS

The Committee on Foreign Relations believes that the proposed

Convention is in the interest of the United States and urges the

Senate to act promptly to give advice and consent to its ratification.

The committee believes the Convention is of direct and important

interest to United States fishing concerns, as well as U.S. conservation organizations, U.S. consumers, and those who reside in Hawaii

and the U.S. Pacific Island areas of Guam, American Samoa, and

the Northern Mariana Islands, all of whom have an important

stake in the health of the oceans and the fisheries resources protected by the Convention.

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VII. TEXT OF RESOLUTION OF ADVICE AND CONSENT TO

RATIFICATION

Resolved (two-thirds of the Senators present concurring therein),

The Senate advises and consents to the ratification of the Convention on the Conservation and Management of the Highly Migratory Fish Stocks in the Western and Central Pacific Ocean, with

Annexes, adopted at Honolulu on September 5, 2000, by the Multilateral High Level Conference on the Highly Migratory Fish Stocks

in the Western and Central Pacific Ocean, and signed by the

United States on that date (Treaty Doc. 109–1).

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