U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1

19–118

" SENATE ! 108TH CONGRESS

1st Session 

TREATY DOC. 

2003

108–2

AMENDMENTS TO 1987 TREATY ON FISHERIES WITH 

PACIFIC ISLAND STATES

MESSAGE

FROM

THE PRESIDENT OF THE UNITED STATES

TRANSMITTING

AMENDMENTS TO THE 1987 TREATY ON FISHERIES BETWEEN THE 

GOVERNMENTS OF CERTAIN PACIFIC ISLAND STATES AND THE 

GOVERNMENT OF THE UNITED STATES OF AMERICA, WITH ANNEXES AND AGREED STATEMENTS, DONE AT PORT MORESBY, 

APRIL 2, 1987 (THE ‘‘TREATY’’), DONE AT KOROR, PALAU, MARCH 

30, 1999, AND AT KIRITIMATI, KIRIBATI, MARCH 24, 2002. ALSO 

TRANSMITTED, RELATED AMENDMENTS TO THE TREATY ANNEXES, AND THE MEMORANDUM OF UNDERSTANDING

FEBRUARY 11, 2003.—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 


E:\Seals\Congress.#13
(III)

LETTER OF TRANSMITTAL 

THE WHITE HOUSE, February 11, 2003. 

To the Senate of the United States: 

With a view to receiving the advice and consent of the Senate to 

ratification, I transmit herewith Amendments to the 1987 Treaty 

on Fisheries Between the Governments of Certain Pacific Island 

States and the Government of the United States of America, with 

Annexes and agreed statements, done at Port Moresby, April 2, 

1987 (the ‘‘Treaty’’), done at Koror, Palau, March 30, 1999, and at 

Kiritimati, Kiribati, March 24, 2002. I also transmit, for the information of the Senate, the report of the Secretary of State with respect to these Amendments, related Amendments to the Treaty Annexes, and the Memorandum of Understanding regarding provisional application. 

The United States enjoys positive and constructive fisheries relations with the Pacific Island Parties through the implementation 

and operation of the Treaty, which is one of the cornerstones of our 

overall foreign relations with the Pacific Island Parties. This Treaty, and the good relationships it has fostered, has provided new opportunities for collaboration between the Pacific Island Parties and 

the United States on fisheries conservation and management 

issues. The relationships established as a result of the Treaty have 

also helped to safeguard U.S. commercial and security interests in 

the region. 

The Amendments to the Treaty will, among other things, allow 

U.S. longline vessels to fish in high seas portions of the Treaty 

Area; streamline the way amendments to the Treaty Annexes are 

agreed; and allow the Parties to consider the issue of capacity in 

the Treaty Area and, where appropriate, to promote consistency between the Treaty and the relevant fisheries management convention, which is likely to come into force during the duration of the 

extended operation of the Treaty. 

Existing legislation, including the Magnuson-Stevens Fishery 

Conservation and Management Act, 16 U.S.C. 1801 et seq. and the 

South Pacific Tuna Act of 1988, Public Law 100–330, provides sufficient legal authority to implement U.S. obligations under the 

Treaty. Therefore, no new legislation is necessary in order for the 

United States to ratify these Amendments. However, minor amendments to section 6 of the South Pacific Tuna Act of 1988, Public 

Law 100–330 will be necessary to take account of the Amendment 

to paragraph 2 of Article 3 ‘‘Access to the Treaty Area,’’ which 

opens the high seas of the Treaty Area to fishing by U.S. longline 

vessels. 

IV

I recommend that the Senate give favorable consideration to 

these Amendments and give its advice and consent to their ratification at an early date.

GEORGE W. BUSH. 

(V)

LETTER OF SUBMITTAL 

THE SECRETARY OF STATE, Washington, December 28, 2002. 

The PRESIDENT, The White House. 

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

to transmission to the Senate for advice and consent to ratification, 

Amendments to the 1987 Treaty on Fisheries Between the Governments of Certain Pacific Island States and the Government of the 

United States of America, with annexes, (‘‘the Treaty’’), done at 

Koror, Palau March 30, 1999 and at Kiritimati, Kiribati March 24, 

2002. The Treaty was ratified by the United States on December 

21, 1987 and it entered into force on June 15, 1988. The Amendments to the Treaty will, among other things, allow U.S. longline 

vessels to fish in high-seas portions of the Treaty Area; streamline 

the way amendments to the Treaty Annexes are agreed; and allow 

the Parties to consider the issue of fishing capacity in the Treaty 

Area and ways to promote consistency, where appropriate, between 

the Treaty and the Convention for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central 

Pacific Ocean (the ‘‘WCPFC Convention’’), done at Honolulu, Hawaii September 4, 2000. The Amendments to the Treaty Text are 

briefly described below. Related amendments to the Treaty Annexes and the Memorandum of Understanding regarding provisional application are also included for the information of the Senate. 

The United States enjoys positive and constructive fisheries relations with the Pacific Island Parties through the implementation 

and operation of the Treaty. Since it entered into force in 1988, the 

Treaty has become the cornerstone of the economic and political relationship between the United States and these Pacific Island Parties. This good relationship on fisheries issues, as well as a common desire to conserve and manage fisheries resources in the 

South Pacific, has carried over into the multilateral effort to establish a conservation and management regime in the Western and 

Central Pacific. Under the Treaty, the U.S. industry pays an annual license fee of $4 million per year—a figure which will be re- duced to $3 million under the Treaty extension, due to a decrease 

in the number of vessels to be licensed to fish in the Treaty Area. 

To date, the Treaty has provided considerable economic benefits 

to the United States. The tuna harvested by U.S. vessels under the 

Treaty contributes an estimated $250 to $400 million annually to 

the U.S. economy. Nearly all of this fish is landed at the two canneries in American Samoa, one owned by U.S. interests, which are 

the territory’s largest employers. 

VI

Associated with the Treaty is the Economic Assistance Agreement between the United States and the South Pacific Forum Fisheries Agency. Under the current terms of the Agreement, the 

United States provides $14 million per year in Economic Support 

Funds (ESF) to the Pacific Island States to be used solely for economic stability and security. The payments under the associated 

Agreement are now the only significant source of U.S. economic 

support for the stability and security of the region outside the assistance provided to the Freely Associated States. The strong economic and political relationship with the Pacific Island States 

made possible by this Agreement also helps further U.S. Foreign 

policy goals through support from the Pacific Island States in international fora.

The Agreement expires June 14, 2003. To serve U.S. interests 

and to maintain the stability of this successful regime, in conjunction with the amendments to the Treaty and Annexes, the Agreement will be amended and extended for a term of 10 years. The 

United States and the Pacific Island parties have agreed that for 

the next term of the Agreement, the annual level of economic assistance provided by the U.S. Government under the Economic Assistance Agreement associated with the Treaty would be $18 million. It is anticipated that the United States and the South Pacific 

Forum Fisheries Agency will sign the new Economic Assistance 

Agreement in early 2003. 

The amendments to the Treaty are non-controversial and are 

widely supported by U.S. domestic constituent interests. 

The first amendment, which was initially agreed to in 1999, 

modifies paragraph 2 of Article 3 ‘‘Access to the Treaty Area’’ to 

allow U.S. longline vessels to fish in high-seas portions of the area 

covered by the Treaty. The current Treaty excludes U.S. fishing 

vessels other than purse-seine vessels from operating in the Treaty 

Area, except for albacore troll vessels that may operate on the high 

seas within the Treaty Area. At the time the Treaty was negotiated 

in the late 1980s, the United States did not have a large distantwater longline fleet in the Pacific Ocean and thus no similar exception was included for these vessels. However, in recent years, a 

large U.S. longline fleet has developed and would like to fish in the 

high-seas portion of the Treaty Area. This amendment would accomplish that goal and is strongly supported by U.S. fishing interests in Hawaii and elsewhere in the region. 

The second amendment adds a new preambular paragraph that 

notes with satisfaction the successful conclusion of the WCPFC 

Convention which, once in force, will establish the legal framework 

and an organization to conserve and manage highly migratory fish 

stocks in the same region covered by the Treaty. The WCPFC Convention will provide for conservation and management of the fisheries resources in the region, thereby helping to ensure the longterm sustainability of the resource for the U.S. tuna purse-seine 

fleet. The United States actively participated in negotiation of the 

WCPFC Convention and signed it on September 9, 2000. The 

WCPFC Convention is strongly supported by the U.S. tuna industry and the environmental community. Entry into force of the 

WCPFC Convention for the United States is dependent on Senate 

advice and consent to ratification, and the Department of State is 

VII

preparing for its submission to the President for transmittal to the 

Senate. 

The third amendment adds a new paragraph in Article 1 (‘‘Definitions and Interpretation’’) defining the term ‘‘Convention’’ as referring to the WCPFC Convention. 

The fourth amendment adds three new paragraphs to Article 7 

(‘‘Review of the Treaty’’). The first two amendments (the addition 

of new paragraphs 2 and 3) pertain to linkages between the Treaty 

and the WCPFC Convention. New paragraph 2 provides that parties to the Treaty shall, where appropriate, consider the extent to 

which adjustments to the Treaty or any measures adopted pursuant to it may be necessary to promote consistency with measures 

adopted under the WCPFC Convention. New paragraph 3 provides 

that parties to the Treaty may cooperate to address matters of common concern under the Convention. The U.S. is supportive of conservation and management of the fish stocks of this region and 

pushed hard for an effective WCPFC Convention. The Convention 

will likely come into force within the term of the extended operation of the Treaty. Therefore, these amendments provide for cooperation and, where appropriate, the promotion of consistency between the operation of this Treaty and any management measures 

to be taken under the WCPFC. They do so, however, without binding the United States to the Convention or any future measures 

adopted thereunder until the United States becomes a Party to the 

WCPFC Convention. 

The third modification to Article 7 adds a new paragraph 4 providing that the parties to the Treaty shall, where appropriate, consider the issue of capacity in the Treaty Area. The issue of ‘‘overcapacity’’ of the fishing fleets in the region is important for the 

United States and the U.S. tuna industry, because ‘‘over-capacity’’ can undermine management efforts and affect the economic viability of the fishery for all participants. The inclusion of a provision 

on fishing capacity was a key goal of the United States in these negotiations. 

The fifth and final amendment to the Treaty text concerns Article 9 (‘‘Amendments to the Annexes’’). Article 9 would be amended 

in its entirety to provide for a more streamlined and efficient procedure to amend the annexes of the Treaty. Unlike the United 

States, where the Congress has authorized the Secretary of State 

to approve amendments to the Annexes on behalf of the United 

States Government (South Pacific Tuna Act of 1988, P.L. 100–330), 

nearly all of the Pacific Island Parties to the Treaty must submit 

any amendments to the Annexes to their legislative bodies for approval. This reality has resulted in substantial delays in the entry 

into force of important technical amendments to the Annexes desired by the United States and the U.S. tuna industry. The revisions to Article 9 would allow amendments to the Annexes to take 

effect more quickly. Specifically, any party may propose amendments by notifying the depositary at least 120 days before the annual meeting. Amendments will be adopted by consensus. After 

adoption, each party is to act expeditiously to accept the amendment, and parties will, to the extent possible for them, apply adopted amendments provisionally. This establishes a more streamlined 

procedure, while providing time and opportunity for the United 

VIII

States to undergo our internal procedures to develop our position 

on any proposed amendment. 

The Amendments to the Treaty text do not have final clauses detailing their entry into force. Article 8 of the Treaty, however, provides for the Parties’ consideration and adoption of amendments. 

Specifically, Article 8(e) provides: ‘‘Any amendment to this Treaty 

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.’’ Accordingly, these 

Amendments will enter into force once all the Parties to the Treaty 

have consented to be bound by them. 

Like the Treaty Amendments themselves, the related Amendments to the Treaty Annexes, which will be concluded as executive 

agreements in accordance with the Treaty and P.L. 100–330, also 

lack final clauses detailing their entry into force. Article 9 of the 

Treaty, however, provides for their entry into force upon the date 

of notification that all Parties have accepted the Annex amendments, unless the Parties agree on a different date. A copy of these 

amendments is enclosed for the information of the Senate. 

The United States and the Parties also agreed on the text of a 

non-legally binding Memorandum of Understanding (MOU) that 

will have the effect of provisionally applying from June 15, 2003 (1) 

the Amendments to the Treaty (except for the amendments to Article 9) agreed in Kiritimati, Kiribati on March 24, 2002; (2) the 

Amendments to the Annexes agreed in Kiritimati, Kiribati on 

March 24, 2002; (3) the Treaty Amendment previously agreed in 

Koror, Palau on March 30, 1999 that opens the high seas of the 

Treaty Area to U.S. longline vessels; and (4) two Amendments to 

the Annexes agreed in Koror, Palau on March 30, 1999 that close 

Papua New Guinea’s archipelagic waters and open the waters of 

the Solomon Islands to U.S. vessels, if these amendments have not 

yet been approved by all Parties by June 15, 2003. This MOU is 

an important political commitment that will allow the U.S., among 

other things, to ensure that as of June, 2003, U.S. longline vessels 

will be able to fish in the high seas portions of the Treaty Area and 

that the waters of the Solomon Islands will be open even if every 

Party has not yet approved those amendments. Both of these issues 

have long been goals for the U.S. industry. A copy of the Memorandum of Understanding, done at Kiritimati, Kiribati March 24, 

2002, is also enclosed for the information of the Senate. 

Existing legislation, including the Magnuson-Stevens Fishery 

Conservation and Management Act, 16 U.S.C. § 1801 et seq. and 

the South Pacific Tuna Act of 1988, P.L. 100–330, provides sufficient legal authority to implement U.S. obligations under the Treaty. Therefore, no new legislation is necessary in order for the 

United States to ratify these amendments to the Treaty. However, 

minor amendments to Section 6 of the South Pacific Tuna Act of 

1988, P.L. 100–330 will be necessary to take account of the Amendment to paragraph 2 of Article 3 ‘‘Access to the Treaty Area.’’

IX

The Department of Commerce joins me in supporting ratification 

of these Amendments. 

Accordingly, I recommend that the Amendments to the Treaty 

text be transmitted to the Senate as soon as possible for its early 

and favorable advice and consent to ratification. 

Respectfully submitted. 

COLIN L. POWELL. 

Enclosures: as mentioned. 

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