U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

79–118 

" ! SENATE 115TH CONGRESS

2d Session 

TREATY DOC. 

2018

115–3 

AMENDMENTS TO THE TREATY ON FISHERIES BETWEEN THE GOVERNMENTS OF CERTAIN PACIFIC 

ISLAND STATES AND THE GOVERNMENT OF THE 

UNITED STATES OF AMERICA 

MESSAGE 

FROM

THE PRESIDENT OF THE UNITED STATES 

TRANSMITTING

AMENDMENTS TO THE TREATY ON FISHERIES BETWEEN THE 

GOVERNMENTS OF CERTAIN PACIFIC ISLAND STATES AND THE 

GOVERNMENT OF THE UNITED STATES OF AMERICA 

AUGUST 28, 2018.—Treaty was read the first time, and together with 

the accompanying papers, referred to the Committee on Foreign Relations and order to be printed for the use of the Senate 


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

LETTER OF TRANSMITTAL 

THE WHITE HOUSE, August 28, 2018. 

To the Senate of the United States: 

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

ratification, I transmit herewith the 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 Port 

Moresby April 2, 1987, as amended (the ‘‘Treaty’’), done at Nadi, 

Fiji, December 3, 2016. I also transmit, for the information of the 

Senate, the amendments to the Annexes to the Treaty and report 

of the Department of State with respect to the Treaty and a Memorandum of Understanding reflecting the parties’ intent to provisionally apply certain amendments. 

The objective of the Treaty is to provide United States purse 

seine vessels with fishing access to waters under the jurisdiction of 

16 Pacific Island parties, and to provide a platform for broader cooperation between the parties. The Amendments update the Treaty’s terms and conditions to promote more effective cooperation between parties and United States private-sector stakeholders. The 

Senate gave its advice and consent to prior amendments to the 

Treaty in 2003, but those amendments never entered into force. 

The Amendments my Administration is now submitting include 

some of those prior amendments. 

The Treaty and its Amendments serve United States diplomatic 

and economic interests by promoting positive relations with the Pacific Island parties and allowing for the continued operation of the 

United States-flagged fishing fleet in the region. The Amendments 

are supported by both Pacific Island parties and United States industry stakeholders. 

The recommended changes to the Treaty’s implementing legislation, the South Pacific Tuna Act of 1988, to reflect the Amendments to the Treaty and its Annexes, will be submitted separately 

to the Congress. 

I recommend that the Senate give early and favorable consideration to the Amendments to this Treaty, and give its advice and 

consent to ratification. 

DONALD J. TRUMP. 

(V)

LETTER OF SUBMITTAL 

DEPARTMENT OF STATE, 

Washington, July 26, 2017. 

The PRESIDENT, 

The White House. 

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

to its 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, as amended (the ‘‘Treaty’’), done 

at Nadi on December 3, 2016. The Treaty was ratified by the 

United States on December 21, 1987, and entered into force on 

June 15, 1988. It was later amended May 14, 1992. Further 

amendments were submitted to the President on December 28, 

2002, and transmitted to the Senate on February 11, 2003, but 

those amendments never entered into force. 

The Treaty has been a cornerstone of our relations with the Pacific Island region for approximately three decades, and is often referred to domestically as the South Pacific Tuna Treaty. It provides 

fishing access for U.S. purse seine vessels to the exclusive economic 

zones (EEZs) of 16 Pacific Island parties (PIPs), and promotes 

broader cooperation between the parties and relevant stakeholders. 

The United States and the PIPs had been renegotiating the Treaty and its Annexes since 2009 to update the text and extend the 

terms of fishing access for U.S. vessels. In June 2016, after the 

U.S. notified that it planned to withdraw from the Treaty, the parties agreed in principle on a revised ‘‘business model’’ under the 

Treaty. The Annexes include the terms and conditions for a more 

viable framework for U.S. industry fishing access through 2022. 

The parties formally adopted the agreed amendments to the Treaty 

and its Annexes on December 3, 2016, in Nadi, Fiji. 

The agreement reached to amend the Treaty is consistent with 

the Administration’s foreign policy objectives to ensure the United 

States engages in international negotiations to support commercial, 

as well as diplomatic interests. The Treaty supports significant economic activity; according to previous estimates, the value of tuna 

caught by vessels operating under the Treaty could approach $500 

million annually. It is especially important to the economy of American Samoa, which is heavily dependent on the operation of fishing 

vessels and an associated tuna cannery. 

An overview of the Treaty Amendments, including a detailed article-by-article analysis, is enclosed with this report. Also included, 

for the information of the Senate, are the amendments to the Annexes to the Treaty, which do not require advice and consent, and 

a Memorandum of Understanding stating the parties’ intent to imVerDate Sep 11 2014 06:43 Aug 29, 2018 Jkt 079118 PO 00000 Frm 00005 Fmt 7633 Sfmt 7633 E:\HR\OC\TD003.XXX TD003
VI

plement certain amendments provisionally as of January 1, 2017. 

The Memorandum of Understanding has allowed U.S. fishing vessels to continue operating in the region without interruption. Recommended amendments to the South Pacific Tuna Act of 1988, the 

implementing legislation for the Treaty, will be submitted separately to Congress. 

The relevant U.S. fishing industry supports the Amendments. 

The Treaty Amendments are also strongly supported by the Government of American Samoa. The U.S. Department of Commerce 

and the U.S. Coast Guard join the Department of State in recommending that the proposed Agreement be transmitted to the Senate as soon as possible for its advice and consent to ratification. 

Respectfully submitted, 

REX W. TILLERSON. 

Enclosures: As stated. 

VII


Insert offset folio 7 here TD3.001

Amendments to the 1987 Treaty on Fisheries between the Governments of Certain Pacific Island 

States and the Government of the United States 

Overview 

The Treaty on Fisheries between the Governments of Certain Pacific Island States and 

the Government of the United States of America, done at Port Moresby April2, 1987, as 

amended (the "Treaty"), provides fishing access for U.S. purse seine vessels to the exclusive 

economic zones (EEZs) of 16 Pacific Island parties (PIPs), and promotes broader cooperation 

between the parties and relevant stakeholders. The United States and the PIPs began 

renegotiating the Treaty and its Annexes in 2009, and formally adopted the agreed amendments 

to the Treaty and its Annexes December 3, 2016, in Nadi, Fiji. The amendments update the 

Treaty's terms and conditions to promote more effective cooperation bel\veen parties, modernize 

its provisions, and better reflect how tuna fisheries are managed in the region. The Amendments 

to the Treaty's Annexes include a revised and extended framework for U.S. fishing access 

through 2022. They also establish more flexible procedures for commercial cooperation bel\Veen 

U.S. industry and the PIPs. 

The following is an article-by-article description of the Treaty and the amendments 

adopted on December 3, 2016. The Senate provided advice and consent in 2003 to certain 

an1endments that never entered into force, and which are also included in this record of 

amendments for completeness. Changes to the Annexes of the Treaty do not require advice and 

consent, and were accepted by the United States pursuant to authority granted in 22 U.S. C.§ 

973q, but are included in this document for the information of the Senate. 

The Preamble includes shared principles underlying the Treaty. The parties inserted text 

in the Preamble to note the conclusion of the Convention for the Conservation and Management 

of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean. The amendments to 

the preamble were originally agreed in 2002 and the Senate provided advice and consent to them 

in 2003, but they never entered into force. 

Article 1, Definitions and Interpretation, explains key terms used in the Treaty. The 

amendments add definitions for "Closed Areas," the "Convention" (the parties originally agreed 

to include the definition of the Convention in 2002, and the Senate provided advice and consent 

to that change in 2003) and the "FF A" The amendments add a new subarticle to clarify that 

nothing in this Treaty provides recognition concerning the legal status and extent of waters and 

zones claimed by parties, and that the freedoms of navigation and overflight and other uses of the 

sea related to such freedoms are to be exercised in accordance with international law. Another 

important amendment to this article is the deletion of the definition of the "Treaty Area," and 

redefmition of"Licensing Area" to mean all waters tmder the jurisdiction of the Pacific Island 

parties except for internal waters, territorial seas, archipelagic waters, and any closed area. The 

deletion of the Treaty Area definition and changes to the Licensing Area mean the Treaty no 

longer applies to any portion of the high seas, which will eliminate one previous source of 

tension under the Treaty. The amendments also renumber the subarticles of Article 1 to reflect 

the addition or removal of text. 
VIII


Insert offset folio 8 here TD3.002

The amendments add a new Article 2 to establish the objective of the Treaty, which is to 

provide fishing access for U.S. purse seine vessels to the waters under the jurisdiction of the 

Pacific Island parties, and to provide a platform for fisheries cooperation between the parties. 

The parties renumbered subsequent articles to reflect the insertion of a new Article 2. 

The old Article 2, now renumbered as Article 3, on Broader Cooperation was amended to 

make changes to the preexisting subarticles, including to the objectives of the cooperation the 

parties will undertake, as appropriate. The second subarticle (amended as old Article 2.2, now 

Article 3.2) was expanded to clarify that one way the United States shall promote maximization 

of the benefits generated from operations of U.S. fishing vessels is to land and transship catch by 

vessels operating under the Treaty in the jurisdiction of the Pacific Island parties. Two new 

subarticles (Articles 3.3 and 3.4) stipulate the Government of the United States shall provide 

technical assistance, training, and capacity building opportunities, with the objective of assisting 

the Pacific Island parties to assess and manage their fisheries resources. In addition, the 

government shall facilitate the implementation of private sector activities or partnerships, which 

are designed to support commercially viable investment opportunities for the development of 

fisheries related businesses in the Pacific Island parties. The final new subarticle (Article 3.5) 

recognizes the importance of increasing the mutual benefits from deeper economic relations 

between the United States and Pacific Island parties. 

The parties made a conforming edit to the title of the old Article 3, now renumbered as 

Article 4. It previously read "Access to the Treaty Area" and now reads "Access under the 

Treaty." The amendments include substantial changes to the old Article 3/new Article 4. The 

first subarticle was simplified to say vessels shall be permitted to engage in fishing in the 

Licensing Area in accordance with the terms of this Treaty; references were removed to Annex I 

and Annex II in accordance with the change in the content of those Annexes (the amendments to 

the old Article 3.1 are reflected in the now Article 4.1). The old Article 3.2 (now Article 4.2) 

was similarly streamlined to stipulate that no fishing vessel of the United States shall be used for 

fishing in any Closed Area, or in the Licensing Area except in accordance with a license issued 

by the Administrator. The text of the old Article 3.3 was deleted. The new Articles 4.3, 4.4, 4.5, 

and 4.6 relate to vessel compliance with the applicable national laws of each Pacific Island party, 

as conditions of fishing access to their waters, the procedures for notifying and publishing such 

national laws, and the steps to address any disputes arising from the application of national laws. 

The new Articles 4.7, 4.8, 4.9, and 4.10 relate to the application of regional terms and conditions 

to fishing vessels of the United States operating in waters under the jurisdiction of the Pacific 

Island parties, the process for notifying such conditions, and the fact that regional terms and 

conditions do not prejudice the applicability of national laws by Pacific Island parties. The new 

Article 4.11 is an important addition, and will help establish a more sustainable long-term 

foundation for the Treaty. It clarifies that U.S. fishing vessels can be licensed to fish in the 

waters of Pacific Island parties even if the specific access provisions of Annex II are no longer in 

force, subject to vessels and a Pacific Island parties party or parties reaching agreement on access 

and following procedures consistent with the Annexes. This provision will help ensure that 

U.S. fishing vessels will still have opportunities to obtain fishing access even if the U.S. 

government and Pacific Island parties are unable to conclude new multilateral access terms in 

future rounds of negotiation. The new Article 4.12 states that nothing in this Treaty shall 

prejudice the rights, jurisdiction, and duties of parties under international law. 

2 
IX


Insert offset folio 9 here TD3.003

The old Article 4, on Flag State Responsibility, is now renumbered as Article 5. The 

parties made minor conforming edits to the old Articles 4.1 and 4.5 (now Articles 5.1 and 5.5) to 

reflect changes to definitions, the content of Annex I, and cross-referenced articles. Conforming 

edits were also made to the old Article 4.6 (now Article 5.6), along with removal of the 

maximum penalty the United States can apply for infringement of the Treaty. The parties made 

a minor conforming edit to the old Article 4.9 (now Article 5.9). 

The amendments include select changes to the old Article 5, now renumbered as 

Article 6, on Compliance Powers. The parties made a conforming edit to the cross-reference in 

the old Article 5.1 (now Article 6.1 ). The old Article 5.2 (now Article 6.2) was amended to 

require the government of a Pacific Island party to promptly notify the U.S. government of any 

detention of a U.S. fishing vessel for more than 48 hours. The amendments include slight 

changes to the old Article 5.3 (now Article 6.3) on the penalties applied for a breach of the 

Treaty. The old Article 5.5 was deleted because the issue of national laws is now covered in 

Article 4. Conforming edits were made to the cross-references in the old Article 5.6 (now 

Article 6.5) and old Article 5.7 (now Article 6.6), and the old Article 5.8 was renumbered as the 

new Article 6.7. 

The old Article 6, now renumbered as Article 7, pertains to Consultations and Dispute 

Settlement. The parties made a minor conforming edit to the cross-reference in the old 

Article 6.2 (now Article 7.2). The amendments include a minor change to the language in the 

old Article 6.4 (now Article 7.4) around the place of arbitration chosen by parties to a dispute. 

The parties fixed a typo in the old Article 6.5 (now Article 7.5). 

The parties amended old Article 7, now renumbered as Article 8, on Review of the 

Treaty. Article 7.1 (now Article 8.1) as amended maintains the presumption that parties will 

meet once each year for the purpose of reviewing the operation of the Treaty, but now provides 

additional flexibility and allows the parties to agree to not meet if an annual consultation is 

unnecessary. The new Articles 8.2 and 8.3 stipulate that the parties shall consider any 

adjustments necessary to maintain consistency with measures adopted under the Convention for 

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

Pacific Ocean, and encourages cooperation to address matters of common concern under the 

Convention. The amendments to what are now Articles 8.2 and 8.3 were originally agreed in 

2002, and the Senate provided advice and consent to them in 2003, but they never entered into 

force. 

The old Article 8, Amendment of the Treaty, was renumbered as the new Article 9. The 

only other minor amendments to the Article are a typographical edit to old Article 8(b) (now 

Article 9 (b)) and a revised cross-reference in old Article 8 (d) (now Article 9(d)). 

The old Article 9, Amendment of Annexes, was renumbered as the new Article 10. The 

amendments to the old Article 9(a) (now Article lO(a)) clarifies the process and timing for 

proposing amendments of annexes. The amendments include a new Article 1 O(b) stipulating that 

an amendment to an annex shall be adopted by consensus, and that parties shall act expeditiously 

to accept amendments and notifY the depositary accordingly, while applying the amendments 

provisionally to the extent possible. The old Article 9(b) was renumbered as the new 

3 
X


Insert offset folio 10 here TD3.004

Article 1 0( c). The amendments to the old Article 9 were originally agreed to in 2002 and the 

Senate provided advice and consent to them in 2003, but they never entered into force. 

The parties amended the text of the old Article 10, now renumbered as Article 11, on 

Notification. The amendments to the old Articles 10.1 and 10.2 (now Articles 11.1 and 11.2) 

include minor adjustments regarding how to notify the Administrator, as opposed to the 

Depositary, of the addresses and contacts for the receipt of Treaty matters. The parties also 

amended the text of both subarticles to reflect alternative modes of communication, given the 

change in technology since the Treaty was originally negotiated. 

The parties renumbered the old Article 11, Depositary, as Article 12. 

The old Article 12, Final Clauses, was renumbered as Article 13. The parties deleted the 

previous Article 12.6, and amended the old Article 12.7 (now Article 13.6). The changes greatly 

simplify and clarify the process for a party to withdraw from the Treaty. Under the amended 

process, the Treaty shall cease to have effect for a party at the expiry of the sixth month 

following the receipt by the depositary of an instrument signifying withdrawal or denunciation 

by that party. The remaining subarticles of Article 13 were renumbered accordingly. 

4 
XI


Insert offset folio 11 here TD3.005

AGREED RECORD OF AMENDMENTS TO THE TREATY ON 

FISHERIES BETWEEN THE GOVERNMENTS OF CERTAIN 

PACIFIC ISLAND STATES AND THE GOVERNMENT OF THE 

UNITED STATES-QF AMERICA 

THIS CONSTITUTES THE AGREED RECORD OF AMENDMENTS 

ADOPTEDBYTHEPARTIESTOTHETREATY 

Done at Nadi, Fiji, this Saturday, December 3, 2016, in two originals. 

One original of this Record shall be deposited with tbe Government of 

Papua New Guinea, as depositary for tbe Treaty. The second original 

shall be provided to the Government of the United States of America. 
XII


Insert offset folio 12 here TD3.006

Amendments to Treaty on Fisheries between the Governments of 

Certain Pacific Island States and the Government of the United States 

of America 

1. Add to Preamble a new fifth para_graph to read as follows: 

"NOTING with satisfaction the successfitl conclusion of the Convention for 

the Conservation and Management of Highly Migratory Fish Stocks in the 

Western and Central Pacific Ocean." 

2. Add a new Article 1.1 (b) to read as follows: 

""Closed Area" means any area within the jurisdiction of a Pacific Island 

party that is closed to vessels pursuant to that party's national laws, and is 

listed as a Closed Area in the FFA central holdings on the FFA website;" 

3. Add a new Article 1.1 (c) to read as follows: 

""Convention " means the Convention for the Conservation and 

Management of Highly Migratory Fish Stocks in the Western and Central 

Pacific Ocean;" 

4. Renumber the old Articles l.l(b) and l.l(c) as Articles l.l(e) and 

l.l(f), respectively. 

5. Add a new Article 1.1 (d) to read as follows: 

""FFA" means the Pacific Islands Forum Fisheries Agency established by 

the South Pacific Forum Fisheries Agency Convention 1979;" 

6. Renumber the old Article 1.1 (d) as Article 1.1 (g). 

7. Amend the new Article l.l(f)(iii) to add at the end of this subarticle "for any purpose". 

8. Am~d tho MW Artido 1.1 (f)(W).T." fullo""' . _n X 

1f lfo~:~;;J J·~ 
XIII


Insert offset folio 13 here TD3.007

"use of any other vessel, vehicle, aircraft or hovercraft, for any activity 

described in subparagraphs (i) to (v) except for emergencies involving the 

health or safety of the crew or the safety of a vessel; " 

9. Amend the new Article l.l(g) to read as follows: 

""fishing vessel of the United States" or "vessel" means any boat, ship or 

other craft which is used for, equipped to be used for, or of a type normally 

used for commercial purse seine fishing for tuna, which is documented 

under the laws of the United States; " 

lO.Renumber the old Article l.l(e) as the new Article l.l(h), and 

amend the text to read as follows: 

""Licensing Area" means all waters under the jurisdiction of the Pacific 

Island parties except for internal waters, territorial seas, archipelagic 

waters and any Closed Area; " 

ll.Renumber the old Articles 1.1 (f), (g), (h), (i) as the new Articles 

l.l ( i), G), (k), (1), respectively. · 

12.Delete the old Article l.l(k) defmition of"Treaty Area". 

13.Renumber the old Article 1.10) as the new Article l.l(m), and 

amend the text to read as follows: 

""this Treaty" means this Treaty, its Annexes and their Schedules." 

14.Add a new Article 1.3 to read as follows: 

"Nothing in this Treaty, nor acts or activities taking place thereunder, shall 

constitute recognition of the claims or the positions of any of the parties 

concerning the legal status and extent of waters and zones claimed by any 

party. In the claimed waters and zones, the freedoms of navigation and 

overflight and other uses of the sea related to such freedoms are to be ~ 

exercised in accordance with international law. " ~ 

151w~~;':?i?~ fi \{ 
XIV


Insert offset folio 14 here TD3.008

"The objective of the Treaty is to provide for fishing access by vessels of the 

United States to the waters under the jurisdiction of the Pacific Island 

parties and to provide a platform for fisheries cooperation between the 

parties." 

16. Renumber old Article 2 as new Article 3. 

17. Amend the new Article 3 to read as follows: 

"BROADER COOPERATION 

3.1 The Government of the United States shall cooperate with the Pacific 

Island parties to assist the Pacific Island parties to achieve the objective of 

maximizing benefits to the Pacific Island parties from the development of 

their fisheries resources and the operation of fishing vessels of the United 

States that are licensed pursuant to the Treaty. 

3.2 The Government of the United States shall promote the maximization of 

the benefits generated for the Pacific Island parties from the operations of 

fishing vessels of the United States that are licensed pursuant to this Treaty, 

including, as appropriate, through: 

(a) the use of canning, loining, slipping and repair facilities located in 

the Pacific Island parties; 

(b) the purchase of equipment and supplies, including fuel supplies, 

from suppliers located in the Pacific Island parties; 

(c) the employment of nationals of the Pacific Island parties on board 

vessels operating under the Treaty; and 

(d) landing and transhipment of catch by vessels operating under the 

Treaty in the jurisdiction of Pacific Island parties. 

3.3 The Government of the United States shall provide technical assistance, 

training and capacity building opportunities, as appropriate, with the 

objective of assisting the Pacific Island parties to assess and manage their 

fzsheries resources. 

3.4 The Gov.ernmen.t of the United States shall, where appropriate, facilitate~· 

the implementation of private sector activities or partnerships, which are 

designed to support commercially viable investment opportunities for the \ ;:Jif!; 

development of fisheries related businesses in the Pacific Island parties. S1 ~ 

~ ; ~ ~ ~~ ~ ~lj ·~ ~( &?-'· 
XV


Insert offset folio 15 here TD3.009

3.5 The Government of the United States and the Pacific Island parties 

recognise the importance of increasing the mutual benefits from deeper 

economic relations. " 

18. Renumber old Article 3 as new. Article 4. 

19. Amend the new Article 4 to read as follows: 

"ACCESS UNDER THE TREATY 

4.1 Fishing vessels of the United States shall be permitted to engage in 

fishing in the Licensing Area in accordance with the terms of this Treaty. 

4.2 No fishing vessel of the United States shall be used for fishing in any 

Closed Area; or in the Licensing Area except in accordance with a licence 

issued by the Administrator. 

4.3 Vessels licensed under this Treaty shall comply with the applicable 

national laws of each Pacific Island party, as conditions of fishing access to 

the waters under the jurisdiction of that party. Applicable national laws of 

the parties, as well as any amendments thereto, shall be notified pursuant to 

subparagraph 4. 4 of this Article and shall take effect for vessels licensed 

under the Treaty not less than 60 days after the United States receives 

notification from the Administrator or as specified in that law, whichever is 

later. 

4.4 Upon enactment or promulgation of a new or amended law, the Pacific 

Island party shall promptly notify and send a copy of such law to the 

Administrator. Upon receipt of a copy of a new or amended law, the 

Administrator shall promptly notify and circulate the new or amended law to 

all parties. 

4.5 The Administrator shall include all new or amended laws notified 

pursuant to subparagraph 4.4 of this Article in the FFA central holdings on 

the FFA website. The Administrator shall maintain the FFA central holding 

of all laws and Closed Areas in effect, and all new or amended laws, on the 

FFA ~bti" w:;lb':;;p if rl: ' . 
XVI


Insert offset folio 16 here TD3.010

4. 6 Notwithstanding Article 7, any disputes arising from the application of a 

Pacific Island party's national laws under this Treaty shall be addressed 

through consultations with the party or parties concerned. Such 

consultations do not prevent the Pacific Island party from enforcing an 

applicable law within its jurisdiction. 

4. 7 Regional terms and conditions as agreed by the Pacific Island parties 

shall apply to the operation of fishing vessel$ of the United States within 

waters under the jurisdiction of the Pacific Island parties. Such regional 

terms and conditions shall be attached as conditions of the licence by the 

Administrator. Unless notified by the Administrator in accordance with 

Article 4.IO, these regional terms and conditions shall continue to apply 

without modification or amendment for subsequent licensing periods. 

4.8 Notwithstanding Article 4. 7,jor the purposes of ensuring effective 

management of the operation of fishing vessels of the United States within 

waters under the jurisdiction of Pacific Island parties, the regional terms 

and conditions that shall apply at all times to the operation of vessels 

licensed UJ"Ider the Treaty are, unless the parties agree otherwise: 

(a) Automatic Location Communicator on at all times; 

(b) Reporting, including reporting on entry and exit into waters u.nder the 

jurisdiction of the Pacific Island parties, unloading, transhipment and 

port entry and departure; 

(c) Maintenance and submission of catch and effort logsheets for the 

whole trip; 

(d) Provision of unloading and out-turn information; and 

(e) Requirements relating to observers. 

4.9 Articles 4. 7 and 4.8 do not prejudice the applicability of national laws by 

Pacific Island parties pursuant to Article 4.3. 

4.10 Any new or amended regional term and condition shall be notified to 

the United States not less than 180 days in advance of the start of the 

licensing period in which it is to apply. Upon receipt of the terms and 

conditions and prior to the start of the licensing period, the United States 

Administrator, 

and the Administrator 

consult 

shall, 

regarding 

at the 

how 

request 

any term 

of either 

or condition 

the United 

is 

States 

to be 

or the ~ 

'\"-

implemented with respect to vessels licensed W1der the Treaty. The regional \ 

terms and conditions attached to the licence shall remain in effectfor the 

dwaHo":;;~~~;:J(i'?; j£1: 
XVII


Insert offset folio 17 here TD3.011

4.11 Not.vithstanding subparagraph 4.2 of this Article, fishing opportunities 

for vessels licensed under this Treaty where the relevant terms of Annex II 

are no longer in force, or in areas other than the Licensing Area, shall be 

determined by agreement bet.veen the owners of the vessels in question and 

the relevant Pacific Island party or parties in accordance with the licensing 

and notification procedures as set out in the Annexes, and such additional 

terms as may be agreed. 

4.12 Nothing in this Treaty shall prejudice the rights, jurisdiction and duties 

of parties under international law. 

20. Renumber the old Article 4 as new Article 5. 

2l.Amend the new Article 5.1 to read as follows: 

"The Government of the United States shall enforce the provisions of this 

Treaty and licences issued thereunder. The Government of the United States 

shall take the necessary steps to ensure that nationals and fishing vessels of 

the United States refrain from fishing in any Closed Area, and in the 

Licensing Area, except in accordance ·with Article 4. " 

22. Amend the new Article 5.5 to read as follows: 

"In the event that a report provided pursuant to paragraph 4 of this Article 

shows that a fishing vessel of the United States: 

(a) whilefz.shing in the Licensing Area did not have a licence to 

fish in the Licensing Area; or 

(b) was invol:ved in any incident in which an authorized officer or 

observer was allegedly assaulted with resultant bodily harm, physically 

threatened, forcefully res1sted, refused boarding or subjected to physical 

intimidation or physical interference in the performance of his or her duties 

as authorized pursuant to this Treaty; or 

that there was probable cause to believe that a fishing vessel of the United 

States:(c} 

authonzed in 

was 

accordance 

used for fishing 

with paragraph 

in waters 

11 

closed 

of Article 

to fishing, 

4; 

except as ~ 

(d) was used for fz.shing by any method other than the ~~eine 

m"Mdm;;LW'\~~- ~J !fz~ 
XVIII


Insert offset folio 18 here TD3.012

(e) was used for directedfishingfor Southern Bluefin Tuna or for 

fishingfor any kinds offish other than tunas, except that other kinds offish 

may be caught as an incidental by-catch; 

(j) used an aircraft for fishing which was not identified on a form 

provided pursuant to paragraph 2 of Annex I in relation to that vessel; or 

(g) was involved in an incident in which evidence which otherwise 

could have been used in proceedings concerning the vessel has been 

intentionally destroyed; 

and that such vessel has not submitted to the jurisdiction of the Pacific 

Island party concerned, the Government of the United States shall, at the 

request of that party, take all necessary measures to ensure that the vessel 

concerned leaves the Licensing Area and aey Closed Area immediately and 

does not return except for the purpose of submitting to the jurisdiction of the 

party, or after action has been taken by the Government of the United States 

to the satisfaction of that party." 

23. Amend the new Article 5.6 to read as follows: 

"In the event that a report provided pursuant to paragraph 4 of this Article 

shows that a fishing vessel of the United States has been involved ilfl a 

probable infringement of this Treaty, including an infringement of an 

applicable national law, other than an infringement of the kind described in 

paragraph 5 of this Article, and that the vessel has not submitted to the 

jurisdiction of the Pacific Island party concerned, the Government of the 

United States shall, at the request of that party, take all necessary measures 

to ensure that the vessel concerned: 

(a) submits to the jurisdiction of that party; or 

(b) is penalized by the Government of the United States at such 

level as may be provided for like violations in United States law relating to 

foreign fishing vessels licensed to fiSh in the exclusive economic zone of the 

United States. " 

24. Amend the new Article 5.9 by deleting the phrase "(identified in 

the fonn set out in Schedule l of Annex II)". 

25. Renumber the old Article 5 as the new Article 6. ~ 

26.Amond the oow Artkl• 6.1 ~0 ,~,"follow" r !1 ~~ 

A OJ~ *I~. 
XIX


Insert offset folio 19 here TD3.013

"It is recognized that the respective Pacific Island parties may enforce the 

provisions of this Treaty and licences issued thereunder, including 

arrangements made pursuant to Article 4.11 and licences issued thereunder, 

in waters under their respective jurisdiction. " 

27. Amend the new Article 6.2 to read as follows: 

"The Government of a Pacific Island party shall promptly notifY the 

Government of the United States of any arrest of a fishing vessel of the 

United States or any of its crew, or any detention of a fishing vessel of the 

United States for more than 48 hours, and of any charges filed or 

proceedings instituted following the arrest or detention, in accordance with 

this Article. " 

28. Amend as the new Article 6.3 by deleting the phrase "shall not be 

unreasonable in relation to the offence and". 

29. Delete the new Article 6.5 (old Article 5.5). 

30. Renumber the old Article 5.6 as new Article 6.5 and delete the 

two references to "Article 4" and replace with "Article 5". 

3l.Renuinber the old Article 5. 7 as new Article 6.6 and delete the 

reference to "Article 3" and replace with "Article 4". 

32.Renumber the old Article 5.8 as new Article 6.7. 

33. Renumber the old Article 6 as the new Article 7. 

34.Amend the reference in new Article 7.2 to delete "Article 6.1" and 

replace with "Article 7.1". 

35.Amend the new Article 7.4 to delete "Unless the parties to the 

dispute agree otherwise" and replace with "If both parties to the ~ 

d"vut< 'Wre" ~ * $> /~ 

/f ·~~-J j\ l. 

p~v .. ~ ~-~ 111 rJf# ~~$s &'. ' 
XX


Insert offset folio 20 here TD3.014

36.Amend the new Article 7.5 to add an "s" to the second reference to 

the word "Government". 

37.Renumber the old Article 7 as the new Article 8. 

38.Amend the new Article 8.1 to read as follows: 

"8.1 The parties shall meet once each year:, unless otherwise agreed, for the 

purpose of reviewing the operation of this Treaty." 

39.Add anew Article 8.2 to read as follows: 

"The parties shall, where appropriate, consider the extent to which 

adjustments to the provisions of the Treaty or measures adopted thereunder 

may be necessary to promote consistency with any measures adopted under 

the Convention. " 

40. Add a new Article 8.3 to read as follows: 

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

the Convention. " 

4l.Renumber the old Article 8 as the new Article 9. 

42.Amend the reference in new Article 9(b) to delete "forty five" and 

replace with "forty-five". 

43.Amend the reference in new Article 9(d) to delete "Article T and 

replace with "Article 8". 

44.Renumber the old Article 9 as the new Article 10, and amend the 

text to read as follows: 

"1 0. The following procedures shall apply to the adoption and entry into 'b 

force of any amendment to an Annex of this Treaty tmless 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 

~ ~Yf S' ctf~ 2£ •/U .,,.,w '')/ ~ "<>":Be&~ /frY JHV ~.....--1 ~/JI&. 
XXI


Insert offset folio 21 here TD3.015

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 10(c). Pending the 

entry into force of any adopted amendment, the parties will, to the extent 

possible for them, apply the amendment prgvisionally. 

(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. " 

45.Renumber the old Article 10 as the new Article 11, and amend the 

text to read as follows: 

"11.1 Each party shall notifY the Administrator of their current addresses 

for the receipt of notices given pursuant to this Treaty, and the . 

Administrator shall notify the depositary and each of the parties of such 

addresses or any changes thereof The Administrator shall maintain a list of 

the relevant contacts for all parties. Unless otherwise specified in this 

Treaty, any notice given in accordance with this Treaty shall be in writing 

and may be served by hand or sent through other means of communication 

to the address of the Administrator or the party as currently listed with the 

depositary. 

11.2 Delivery by hand shall be effective when made. Delivery by other 

means of communication shall be deemed to be effective when the mode of 

communication confirms receipt. " 

46. Renumber the old Article 11 as the new Article 12. 

47. Renumber the old Article 12 as the new Article 13. ~ 

48. Delete the new Article 13.6 (old Article 12.6). ~ 1 

~ 

\) 

~1 /P 

At "~~)~J~v 
XXII


Insert offset folio 22 here TD3.016

49. Renumber the old Article 12.7 as the new Article 13.6, and amend 

the text to read as follows: 

"This Treaty shall cease to have effect for a party at the expiry of the si;r:th 

month following the receipt by the depositary of an instn1ment signifying 

withdrawal or denunciation by that party. " 

50. Renumber old Article 12.8 as new Article 13.7 and amend the text 

"Articles 1, 3, 4 and 5" to read "Articles 1, 4, 5, and 6". 

51. Renumber old Article 12.9 as new Article 13.8. 

52. Renumber old Article 12. J 0 as new Article 13.9. 

Amendments to the Annexes of the Treaty on Fisheries between the 

Governments of Certain Pacific Island States and the Government of 

the United States of America 

1. Amend Annex I and its Schedules to read as follows: 

"ANNEX! 

1. For the purposes of this Anne:Y:: 

"Licensing Period" means the period of validity of licences issued in 

accordance with this Treaty. 

2. The Government of the United States shall make application for a licence 

in respect of any fishing vessel of the United States to be used for purse seine 

fishing in the Licensing Area at any time in the Licensing Period in the · 

manner set out in Annex II. The Government of the United States shall 

provide the Administrator a complete application in the form advised by the 

Administrator. 

3.(a) The Administrator may suspend the good standing of a vessel on the 

FFA Vessel Register maintained by the Pacific Islands Forum Fisheries 

Ag'"'Y com""""' with i~ rnl" wd pmoM•m. ~ <' . 

~~~~~-f? 
XXIII


Insert offset folio 23 here TD3.017

(b) Where a vessel may have its good standing on the FFA Vessel Register 

suspended or withdrawn, the Administrator shall provide to the 

Government of the United States a duplicate of any notice it provides to a 

vessel operator under the FFA Vessel Register procedures. The vessel 

subject to suspension shall have 14 days to fix the problem, if possible, 

before the suspension of good standing takes effect pursuant to the notice 

contained herein. . 

4. Subject to paragraph 5, a licence may be denied: 

(a) where the application is not in accordance with the requirements of 

paragraph 2; 

(b) where the owner or charterer is the subject of proceedings under the 

bankruptcy laws of the United States, unless reasonable financial 

assurances have been provided to the Administrator; 

(c) where the vessel in respect of which application for a licence has been 

made does not have good standing on the FFA Vessel Register maintained 

by the Pacifw Islands Forum Fisheries Agency, provided that: 

(i} good standing is withdrawn or suspended in accordance with the 

rules and procedures of the FFA Vessel Register; 

(ii) the Pacific Island party requesting withdrawal of good standing has 

first consulted the Government of the United States and has .roode all 

reasonable efforts to resolve the dispute in question before utilising the 

procedures for withdrawal of good standing; 

(iii) in the event of a request for withdrawal of good standing of a vessel 

licensed pursuant to this Treaty, the Pacific Island parties agree to take into 

consideration that vessel's compliance with the terms of this Treaty in 

determining whether to approve such a request; and 

(iv) following a suspension or withdrawal of good standing, the 

Administrator promptly advises the Government of the United States in 

writing of the reason for the suspension or withdrcnval and the requirements 

which must be fulfilled to reinstate good standing. 

5. Without prejudice to their rights under paragraph 4 of Article 5 of the 

Treaty, the Pacific Island parties shall consider notifying the Government of 

the United States of any alleged infringements of the Treaty by vessels of the 

United States 30 days prior to requesting an investigation under paragraph 

4 

inquire 

of Article 

into 

5 

the 

of 

allegation; 

the Treaty. 

As 

The 

appropriate, 

Government 

the 

of 

Government 

the United States 

of the 

shall 

United 

~ 

! 

States, the operator concerned, the Administrator and the Pacific Island rt . ~ 

~ ~vl-w J 1~ :,/ 

4Y ~ )2 . Jrf ~~ ~.~If 
XXIV


Insert offset folio 24 here TD3.018

party concerned may engage in consultations with a view to settling the 

matter. 

6. On receipt of an application for a licence in accordance with this 

Annex, the Administrator shall take the necessary steps to ensure that: 

(a) a licence in the form determined b.y the Administrator in respect of the 

vessel identified in the application; or 

(b) a statement setting out the reasons that a licence in respect of the 

vessel identified in the application is denied together with a refund of the 

amount or amounts provided with the application; 

is promptly provided to the Government of the United States. " 

2. Amend Annex II and its Schedules to read as follows: 

"ANNEX II -Access and Fees 

I. The parties to the Treaty on Fisheries between the Governments of 

Certain Pacific Island States and the Government of the United States 

("the Treaty") hereby establish the terms for the level of access to be 

afforded U.S. vessels under the Treaty and the associated leve{offees to 

be paid by U.S. vessel owners. 

2. This Annex shall cover si..: Licensing Periods, beginning with the 

Licensing Period that begins on 1 January 2017. 

3. Notwithstanding paragraph 2, the licensing and notification procedures 

in this Annex, including on Additional Days, shall continue to apply 

beyond six Licensing Periods. 

4. The following amounts are payable annually -

a. industry payments as provided for in this Annex; 

b. costs to be paid by the industry for the observer programme as 

agreed; and 

c. sums 

Government 

pw•suant 

of 

to 

the 

the 

United 

related 

States. 

agreement between the FF A and the ~ 

~ rt 

A3 ll~ ;(.~ l ~~# 
XXV


Insert offset folio 25 here TD3.019

ELIGIBLE U.S. VESSELS 

5. The US. Government shall determine the US. vessels that are eligible 

for licence applications, and shall submit applications to the 

Administrator for such vessels. 

6. The Administrator shall not issue a licence to a US. vessel for which the 

US. Government has not submitted an application, and for which 

payment has not been received pursuant to the terms of this Annex. 

UP FRONT DAYS 

7. For each of the Licensing Periods, the following number of days shall be 

offered to US. vessel owners: 

(a) In the Exclusive Economic Zones (EEZs) of the Parties to the Nauru 

Agreement (PNA) and the EEZs of other Pacific Island parties or their 

territories where the Purse Seine Vessel Day Scheme (VDS) is being 

applied, with the exception of the Republic of Kiribati: 

2017-3,200 days 

2018-3,200 days 

2019-2, 720 days 

2020-2, 720 days 

2021-2,240 days 

2022-2,240 dayl 

(b) 300 days in the EEZ of the Republic of Kiribati for the Licensing 

Periods 2017 to 2020; 

(c) 350 days in the EEZ of the Cook Islands for the Licensing Periods 

2017 to 2022: 

(d) 600 days in the EEZs of Fiji, Niue, Samoa, Tonga and Vanuatu. 

1 

Marshall 

Pacific 

As of 

Island 

June 

Islands, 

2016, 

Parties 

NaW'U, 

the 

that 

VDS 

Palau, 

become 

participants 

Papua 

a Party 

New 

are 

to 

the 

Guinea, 

the 

PNA 

Palau 

Solomon 

members 

Arrangement 

Islands, 

(Federated 

in 

and 

any 

States 

Tuvalu) 

future 

ofMicronesia, 

licensing 

and Tokelau. 

period 

Kiribati, 

Other 

may also 

~ 

·cipate in this pool of fishing days. r:::. days for 2021 and 2022 are indicative only, subject to negotiation, including in respect of price. ~ 

~ ~~";~ir~~ 
XXVI


Insert offset folio 26 here TD3.020

PRICE AND PAYMENT FOR UPFRONT DAYS 

8. The prices to be paid by the US. vessel owners for the upfront days 

referred to in paragraphs 7 (a) and (b) shall be: 

(a) $12,500 per day for years I and 2; 

(b) $13,000 per day for years 3 and 4; and 

(c) Years 5 and 6- to be negotiated. 

9. The price for the days specified in paragraph 7 (c) for Cook Islands shall 

be $9,533 per day for the licensing periods 2017-2020 and for licensing 

periods 2021 and 2022 to be negotiated. 

10. The annual payment due from the US. vessels for fishing days referred to 

in paragraph 7(d) shall be: 

(a) An upfront payment of$250,000; 

{b) An additional payment of$6,000 for any fishing days that include 

catching, taking, or harvesting fish; and 

(c) No payment for fishing days that only consist of searching for fish or 

deploying FADs. 

11. The price for the exploratory days referred to in paragraph 7 (d) shall 

apply for at least the first two licensing periods: 2017-2018. Any of the 

terms contained in paragraphs 7(d) and 10 may be negotiated for 

licensing periods 2019-2022 at the request of any of the parties reforred 

to in paragraph 7(d) or the Government of the United States. Such 

negotiation may include a change in the nature of the days; as well as the 

associated additional payment, including by tonne caught. 

12.Jf the parties do not change the terms or none of the parties referred to in 

paragraph 7(d) or the Government of the United States seek to modify the 

terms of any of the Licensing Periods 2019 to 2022, they shall remain as 

stated in paragraph 10. 

13. Consistent with Annex I, the US. Government shall notify the 

submitted 

Administrator 

for the 

of US. 

subsequent 

vessels 

licensing 

for which 

period, 

applications 

in accordance 

are expected 

with 

to 

the 

be ~ 

, 

following procedures: 

~ 

. 

~ . 

~ 15 

~~v 

~ J-)Tj'~ ~JJJI. ~ ~~~@ /v ~ , 
XXVII


Insert offset folio 27 here TD3.021

(a) The U.S. Government shall provide to the Administrator, by 1 July, an 

initial list of those U.S. vessels for which licence applications are 

expected to be submitted under the Treaty, the number of days from 

each pool identified in paragraphs 7 (a), (b) and (c) to be assigned to 

each U.S. vessel owner, and the corresponding financial commitment 

for which each U.S. vessel owner shall be responsible, based on the 

price per fishing day established pursuant to paragraphs 8 and 9. The 

list shall include the following infom:zation: name of the U.S. vessel 

owner; name of the U.S. vessels and IRCS; number of days assigned 

and relevant pool; total number of days; total payment required. 

(b)Any U.S. vessel owner may choose not to purchase from the days made 

available under paragraph 7. Such U.S. vessel owner shall still be 

provided with a Treaty licence by the Administrator, provided that it 

enters into one or more bilateral or multilateral agreements with 

Pacific Island parties for access to fish under the Treaty in accordance 

with paragraphs 23 and 24. 

(c) If the total number of fishing days purchased by U.S. vessel owners is 

less than those made available under paragraph 7, the Pacific Island 

parties may make unassigned days available to other fishing partners 

after 1 July. 

(d) The days specified in paragraph 7 shall be reserved each year for the 

U.S. purse seine fleet. 

14. The U.S. Government shall notify the Administrator and the PNA Office 

10 working days in advance of any change to the information notified 

pursuant to paragraph 13 (a), in respect of days covered by paragraphs 

7(a) and (b). The U.S. Government shall notify the Administrator and the 

Cook Islands 10 working days in advance of any change to the 

information notified pursuant to paragraph 13 (a), in respect of days 

covered by paragraph 7(c). Such changes may include any acfjustment to 

the number of upfront days assigned to each U.S. vessel owner as long as 

the total number of upfront days as reflected in the submission from the 

U.S. Government, pursuant to paragraph 13, does not change. Financial 

responsibility for any payments in respect of all days remains with the 

U.S. vessel owner that originally purchased them as reflected in the 

'"bmfr,i=fi"m~ G2;ttop=w;; .!? 

. 16(1~ ;ft ~~ f 
XXVIII


Insert offset folio 28 here TD3.022

15. The payment agreed for up front days due from each U.S. vessel owner 

shall be paid to the Administrator as follows: 

(a) at least 50% by 15 December of the year preceding the relevant 

Licensing Period; and 

(b) the balance, plus interest at the mutually agreed rate, by 31 May of 

the relevant Licensing Period. 

16. Until full payment is made by a U.S. vessel owner for the days assigned 

to a specific vessel in the list submitted under paragraph 13(a), that U.S. 

vessel owner is restricted to using only 50% of their assigned days. 

17. The Administrator shall not issue a licence for a U.S. vessel where the 

relevant vessel owner has not made the payment pursuant to paragraph 

15(a). 

18. The Administrator shall suspend the licence for a U.S. vessel where the 

relevant vessel owner fails to pay the remaining balance pursuant to 

paragraph 15(b). 

19. Upon non-issuance or suspension of the licence, the Pacific Island 

parties shall determine how to manage any unused days that had been 

assigned to the relevant vessel owner, including whether to make those 

days available for sale to others. 

20. The failure of any U.S. vessel owner to pay for fishing access under this 

Agreement shall not affect the access terms, rights or liabilities of other 

licensed vessel owners that are in good standing under this Agreement. 

2 J_ The agreed level of up front days and fees for each one-year Licensing 

Period shall run from January 1 of one year through December 31 of 

that year. 

ADDITIONAL DAYS 

22.Subject to paragraph 6, any eligible U.S. vessel owner, whether or not 

they have purchased days from those made available under paragraph 7, 

may purchase additional days offered by a Pacific Island party or group 

of Pacific Island parties. ~ 

~ .wl. ~~ ~--:r~~ 
XXIX


Insert offset folio 29 here TD3.023

23.Agreements between the Pacific Island party or Pacific Island parties 

and the owners of eligible U.S. vessels for additional fishing access 

provided pursuant to paragraph 22 shall be in accordance with the 

template provided in Schedule 2; be governed by the terms of the Treaty; 

and must not contravene or otherwise undermine the terms of the Treaty. 

The U.S. Government shall ensure that U.S. vessel owners notifY such 

agreements to the U.S. Government prior to implementation. The U.S. 

Government shall notifY the relevant US vessel owners, within 5 days of 

receipt, of any objections to implementation of any such agreement under 

the terms of the Treaty, and any necessary corrective action before the 

agreement is implemented. 

24. Where the U.S. vessel does not already have a licence, the Pacific Island 

party or Pacific Island parties providing additional fishing access 

pursuant to paragraph 23 shall notifY the Administrator and U.S. 

Government promptly upon payment for those additional days. 

25.Paragraph 23 does not preclude U.S. vessel owners and a Pacific Island 

party or parties from entering into separate commercial arrangements, 

not governed by the Treaty, related to issues not covered by paragraph 

23. 

26. The Administrator shall not issue a licence, or where appropriate shall 

suspend the licence, for a vessel for which additional days have been 

assigned and appropriately notified, if the relevant Pacific Is land party 

or Pacific Island parties provide notification that the vessel owner has 

failed to make a payment that is due. 

OTHER MATTERS 

27. Without prejudice to Pacific Island parties' positions on any capacity 

management measure or other measures taken by Pacific Island parties 

to manage overall fishing capacity in their waters, Pacific Island parties 

acknowledge that the number of licence applications forwarded by the 

United States to the Administrator annually shall allow for no more than 

is 

40 

included 

vessels operating 

only for the 

under 

purpose 

the Treaty 

of providing 

a. t a. ny given 

the United 

time. 

States 

This provision 

with 

~ 

regulatory authority to manage its fleet and shall not be used for other 

purposes such as to establish limits in respect of the Western and Central ·. 

Pacific Fisheries Commission. ~ J&;l ll ~ }!!& 

A£ ~ .l . J/1, \1 0/ , c{@ 

/V 'f 1 I~ f.lt/ "'{ ~~ ~ 
XXX


Insert offset folio 30 here TD3.024

28.Regional terms and conditions as agreed by the Pacific Island parties 

shall apply to the operation of fishing vessels of the United States within 

waters under the jurisdiction of the Pacific Island parties, in accordance 

with the Treaty. 

AMENDMENT 

29. This Anne.1: may be amended in writing by the parties, either 

intersessionally or at a meeting of the parties. The depositary shall 

promptly notify the Administrator and all the parties of the amendments 

to the Annex and their effective date. 

Schedule 1-Application of PNA Purse Seine Vessel Day Scheme (VDS) 

1. US. vessels licensed under the Treaty are to operate in accordance with 

the Vessel Day Scheme (VDS) as adopted and applied by the Parties to the 

Palau Arrangement when operating in the EEZs of Federated States of 

Micronesia, Kiribati, Marshall Islands, Nauru, Palau, Papua New Guinea, 

Solomon Islands, Tokelau or Tuvalu, including the payments outlined by the 

PNA Office. 

2. Fishing days in the waters of other Pacific Island parties are to be 

monitored in accordance with the PNA rules (under the Palau Arrangement) 

of the VDS, unless as otherwise agreed. 

3. Pursuant to paragraph 2 of this Schedule, the VDS length adjustment 

factors shall not apply to vesselsfishingwithin the EEZ of Cook Islands. 

4. The United States Government and the Parties to the Palau Arrangement 

shall cooperate to ensure the effective implementation of the VDS for fishing 

under the Treaty, including through improved communication, consultation 

and training activities. · · 

5. Changes or amendments to the VDS adopted by the Parties to the Palau 

Arrangement 

less than 180 

are 

days 

to 

in 

be 

advance 

notified 

of 

to 

the 

the 

date 

Government 

on which 

of 

they 

the 

become 

United States 

applzcable 

not ~ 

for the US. fleet. 

6. The Parties shall make every effort to process non :fishing day claims in a 

timely manner, and for that purpose may consult bilaterally, with the PNA ' • 

Offi",~'Adm;n~~ ~~ ~~~ ~ 
XXXI


Insert offset folio 31 here TD3.025

7. U.S. vessel owners shall, where required, make use of industry Fisheries 

Information Management System (iFIMS) to lodge non-fishing day claims, 

and the PNA Office may, where requested by a Pacific Island Party, process 

non-fzshing day claims by U.S. vessels. 

8. The Parties shall undertake their best efforts to improve the management 

of non-fishing day applications and to resolve any related disputes. 

9.The United States Government shall be granted access to information on 

U.S. vessels operating in PNA waters through the PNA Fisheries 

Information Management System (FIMS) to monitor days expended by U.S. 

vessels under the VDS. " 

Schedule 2 - Template for Notification of Agreement for Additional Days 

on a Bilateral, Subregional or Multilateral Basis 

(Pacific Island party or parties) and (vessel owner or owners) have agreed 

to authorize the use of(# o(fishing days) by (name of vessel(,s-)) in waters 

under their jurisdiction from (date) to (date). ' 

The vessel(s) 'operations shall be governed by the terms of the Treaty when 

operating according to this agreement. In the event of any conflict between 

the terms of this agreement and the Treaty, the terms of the Treaty shall 

prevail. 

Signature Signature 

Pacific Island party Vessel owner(s) '' 
XXXII


Insert offset folio 32 here TD3.026

MEMORANDUM OF UNDERSTANDING 

BETWEEN THE 

GOVERNMENTS OF CERTAIN PACIFIC ISLAND STATES 

AND THE 

GOVERNMENT OF THE UNITED STATES OF AMERICA 
XXXIII


Insert offset folio 33 here TD3.027

.MEMORANDUM OF UNDERSTAt'IDING BETWEEN 

THE GOVERNMENTS OF CERTAIN PACIFIC ISLAND STATES AND THE 

GOVERNMENT OF THE UNITED STATES OF AMERICA 

The Parties, desiring to amend the Treaty on Fisheries between the Governments of 

Certain Pacific Island States and the Government of the United States of America (the 

"Treaty''), together with its Annexes and their Schedules, intend from 1 January 2017 to 

apply provisionally any of the following amendments which are not in force by that date: 

(1) the attached amendments to the Treaty on Fisheries Between the 

Governments of Certain Pacific Island States and the Government of the United 

States of America; 

(2) the attached amendments to the Annexes to the Treaty on Fisheries 

Between the Governments of Certain Pacific Island States and the Government of 

the United States of America, together with their Schedules; 

as agreed to at Nadi, Fiji on 3 December 2016 1 

until such time as those amendments enter into force. 

SIGNATURES 

For the Government of Australia 

Date: 

1 Sections 1 and ll of Attachment 1 contain the amendments to the Treary that the parties intend to apply 

pursuant to paragraph I of this MOU. Section Ill of Attachment 1 contains the amendments to the Annexes 

and their Scbedules that the parties intend to apply pursuant to paragraph 2 of this MOU. Section IV of 

Attachment I is included for informational purposes and describes amendments that are not intended to be 

provisionally applied. for in'fonnation and to facilitate implementation only, Attachment II sets out the 

"Working" text of the Treaty. in its entirety, to guide the Parties until all amendments enter into force. 
XXXIV


Insert offset folio 34 here TD3.028

Fo<ivo=tof 

Cook Islands 

Date: ~ ( l't_f I(., 

Federated States of Micronesia 

For the Government of the 

Republic ofFiji 

Date: 

~tofili< Republic of Kiribati: 

Date: ~/trJ./fC... 

~ .... , ... Republic of the Marshall Islands 

Date: ~- \'d--\\eo 
XXXV


Insert offset folio 35 here TD3.029

For the Government of New Zealand 

Date: 

Date: ~ 'tee U)({o 

For the Government of the 

Re ublic ofPala\,--

Date:~ ~R_b/{7 

~ntof"" Independ~~~~te of Papua New Guinea 

Date: O.J" ~(_ '7.._0 / {, 
XXXVI


Insert offset folio 36 here TD3.030

For the Government of Samoa 

For the Government of Solomon Islands 

Date: 

)!/~· For the Government of the 

Kingdom of Tonga 

Date: D.$~ :hl"'.b/b 

For th/otv:::ent 

~-of Tuvalu 

Date: '5 /;;;. )z.o / fo 

For the Government of the 

Republic ofV anuatu 

Date: ~ 1.2-/2o/6 
XXXVII


Insert offset folio 37 here TD3.031

ATTACHMENT I 

SECTION I 

AMENDMENTS TO THE TREATY INITIALLY AGREED IN 2002 

THAT TFIE PARTIES INTEND TO CONTINUE TO PROVISIONALLY 

APPLY1 

1. Add to Preamble a new fifth paragraph to read as follows: 

''NOTING with satisfaction the successful conclusion of the Convention for the 

Conservation and Management ofHighly Migratory Fish Stocks in the. Western and 

Central Pacific Ocean." 

2. Add anew Article l.l(c) to read as follows: 

"(c) "Convention" means the Convention for the Conservation and Management 

of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean;" 

3. Renumber the old Article 7 as Article 8. 

4. Add a new Article 8.2 to read as follows: 

"The parties shall, where appropriate, consider the extent to which adjustments to 

the provisions of the Treaty or measures adopted thereunder may be necessary to 

promote consistency with any measures adopted under the Convention." 

5. Add a new Article 8.3 to read as follows: 

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

Convention." 

SECTIONll 

AMEND.MENTS TO THE TREATY INITIALLY AGREED IN 2016 THAT THE 

PARTIES INTEND TO PROVISIONALLY APPLY 

1. Amend Article 1 as follows: 

1 In 2002, the Panies also agreed to an amendment to add a new Article 7.4 to read as follows: 'The panies 

shall, where appropriate, oonsider the issue of capacity in the Treaty Area.' That amendment was included 

in the 2002 MOU between the Panies declaring their intent to provisionally apply ceJtain amendments but 

never entered into force. As a result of the negotiations of the 2016 amendments, the Panies no longer seek 

to amend the Treaty to add this te1>.t and thus no longer intend to provisionally apply that 2002 amendment. 
XXXVIII


Insert offset folio 38 here TD3.032

Add a new Article l.l(b) to read as follows: 

""Closed Area'' means any area within the jurisdiction of a Pacific Island party that 

is closed to vessels pursuant to that party's national laws, and is listed.as a Closed 

Area in the FF A central holdings on the FF A website;" 

Renumber the old Articles Ll(b) and l.l(c) as Articles U(e) and l.l(f), respectively. 

Add a new Article 1.1 (d) to read as follows: 

""FFA" means the Pacific Islands Forum Fisheries Agency established by the 

South Pacific Forum Fisheries Agency Convention1979;" 

Renumber the old Alticle 1.1 (d) as Article 1.1 (g). 

Amend the new Article l.l(f)(iii) to add at the end of this sub-article "for any purpose". 

Amend the new Article l.l(:f)(vi) to read as follows: 

"use of any other vessel, vehicle, aircraft or hovercraft, for any activity described in 

subparagraphs (i) to (v) except for emergencies involving the health or safety of the 

crew or the safety of a vessel;" 

Amend the new Article l.l(g) to read as follows: 

""fishing vessel of the United States" or "vessel" means any boat, ship or other craft 

which is used for, equipped to be used for, or of a type normally used for 

commercial purse seine fishing for tuna, which is documented under the laws of the 

United States;" 

Renumber the old Article l.l(e) as the new Article l.l(h), and amend the text to read as 

follows: 

'"'Licensing Area" means all waters under the jurisdiction of the Pacific Island 

parties except for internal waters, territorial seas, archipelagic waters and any 

Closed Area;" · 

Renumber the old Articles l.l(f), (g), {h), (i) as the new Articles l.l(i), G), (k), (l), 

respectively. 

Delete the old Article l.l(k) de:finltion of"Treaty Area"; 

Renumber the old Article l.lG) as the new Article 1.1(m), and amend the text to read as 

follows: 

""this Treaty" means this Treaty, its Annexes and their Schedules." 
XXXIX


Insert offset folio 39 here TD3.033

Add a new Article 1.3 to read as follows: 

"Nothing in this Treaty, nor acts or activities taking place thereunder, shall 

constitute recognition of the claims or the positions of any of the parties concerning 

the legal status and extent of waters and zones claimed by any party. In the claimed 

waters and zones, the freedoms of navigation and overflight and other uses of the 

sea related to such freedoms are to be exercised in accordance with international 

law." 

j 

2. Add a new Article 2 entitled "Objective" to read as follows: 

"The objective of the Treaty is to provide for fishing access by vessels of the United 

States to the waters under the jurisdiction of the Pacific Island parties and to provide 

a platfonn for fisheries cooperation between the parties." 

3. Renun1ber o1d Articles 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 as Articles 3, 4, 5, 6, 7, 8, 

9, 10, 11, 12, and 13, respectively. 

4. Amend new Article 3 to read as follows: 

"BROADER COOPERATION 

3.1 The Government of the United States shall cooperate with the Pacific Island 

parties to assist the Pacific Island parties to achieve the objective of maximizing 

benefits to the Pacific Island parties from the development of their fisheries 

resources and the operation of fishing vessels of the United States that are licensed 

pursuant to the Treaty. 

3.2 The Government of the United States shall promote the maximization of the 

benefits generated for the Pacific Island parties from the operations of fishing 

vessels of the United States that are licensed pursuant to this Treaty, including, as 

appropriate, through; 

(a) the use of canning, loining, slipping and repair facilities located in the Pacific 

Island parties; 

(b) the purchase of equipment and supplies, including fuel supplies, from suppliers 

located in the Pacific Island parties; 

(c) the employment of nationals of the Pacific Island parties on board vessels 

operating under the Treaty; and 

(d) landing and transhipment of catch by vessels operating under the Treaty in the 

jmisdiction of Pacific Island parties. 
XL


Insert offset folio 40 here TD3.034

3.3 The Government of the United States shall provide technical assistance, training 

and capacity building opportunities, as appropriate, with the objective of assisting 

the Pacific Island parties to assess and manage their fisheries resources. 

3.4 The Govemment of the United States shall, where appropriate, facilitate the 

implementation of private-sector activities or partnerships, which are designed to 

support commercially viable investment opportunities for the development of 

fisheries related businesses in the Pacific Island parties. 

3 .5 The Government of the United States and the Pacific Island parties recognise the 

importance of increasing the mutual benefits from deeper economic relations." 

5. Amend the new Article 4 to read as follows: 

"ACCESS UNDER THE TREATY 

4.1 Fishing vessels of the United States shall be permitted to engage in fishing in the 

Licensing Area in accordance with the terms of this Treaty. 

4.2 No fishing vessel of the United States shall be used for fishing in any Closed Area; 

or in the Licensing Area except in accordance with a licence issued by the 

Administrator. 

4.3 Vessels licensed under this Treaty shall comply with the applicable national laws of 

each Pacific Island party, as conditions of fishing access to the waters under the 

jurisdiction of that party. Applicable national laws of the parties, as well as any 

amendments thereto, shall be notified pursuant to subparagraph 4.4 of this Article and 

shall take effect for vessels licensed under the Treaty not less than 60 days after the 

United States receives notification from the Administrator or as specified in that law, 

whichever is later. 

4.4 :Upon enactment or promulgation of a new or amended Iaw, the Pacific Island party 

shall promptly notify and send a copy of such law to the Administrator. Upon receipt of 

a copy of a new or amended law, the Administrator shall promptly notify and circulate 

the new or amended law to all parties. 

4.5 The Adtninistrator shall include all new or amended laws notified pursuant to 

subparagraph 4.4 of this Article in the FFA central holdings on the FFA website. The 

Administrator shall maintain the FF A central holding of all laws and Closed Areas in 

effect, and all new or amended laws, on the FF A website, which shall be available to all 

parties. 

4.6 Notwithstanding Article 7, any disputes arising from the application of a Pacific 

Island party's national laws under this Treaty shall be addressed through consultations 

with the party or parties concerned. Such consultations do not prevent the Pacific Island 

party from enforcing an applicable law within its jurisdiction. 
XLI


Insert offset folio 41 here TD3.035

4. 7 Regional terms and conditions as agreed by the Pacific Island parties shall apply to 

the operation of fishing vessels of the United States within waters under the jurisdiction 

of the Pacific Island parties. Such regional tetms and conditions shall be attached as 

conditions of the licence by the Administrator. Unless notified by the Administrator in 

accordance with Article 4.10 these regional terms and conditions shall continue to apply 

without modification or amendment for subsequent licensing periods. 

4.8 Notwithstanding Article 4.7, for the purposes of ensuring effective management of 

the operation of fishing vessels of the United States within waters under the jurisdiction 

of Pacific Island parties, the regional te1ms and conditions that shall apply at all times to 

the operation of vessels licensed under the Treaty are, unless the parties agree otherwise: 

(a) Automatic Location Communicator on at all times; 

(b) Reporting, including reporting on entry and exit into waters under the 

jurisdiction of the Pacific Island parties, unloading, transhipment and port eutry 

and departure; 

(c) Maintenance and sublnission of catch and effort logsheets for the whole trip; 

{d) Provision of unloading and out-tum information; and" 

(e) Requirements relating to observers. 

4.9 Articles 4.7 and 4.8 do not prejudice the applicability of national laws by Pacific 

Island parties pursuant to Article 4.3. 

4.10 Any new or amended regional tenn and condition shall be notified to the United 

States not 1ess than 180 days in advance of the start of the licensing period in which it is 

to apply. Upon receipt of the terms and conditions and prior to the start of the licensing 

period, the United States and the Administrator shall, at the request of either the United 

States or the Administrator, consult regarding how any term or condition is to be 

implemented with respect to vessels licensed under the Treaty. The regional te1ms and 

conditions attached to the licence shall remain in effect for the duration of the licensing 

period without modification or amendment 

4.11 Notwithstanding subpara.,"Tllph 4.2 of this Article, fishing opportunities for vessels 

licensed under this Treaty where the relevant tenns of Annex ll are no longer in force, 

or in areas other than the Licensing Area, shall be determined by agreement between the 

owners of the vessels in question and the relevant Pacific Island party or parties in 

accordance with the licensing and notification procedures as set out in the Annexes, and 

such additional terms as may be agreed. 

4.12 Nothing in this Treaty shall prejudice the rights, jurisdiction and duties of parties 

under international law." 

6. Amend the new Article 5 as follows: 

Amend the new Article 5.1 to read as follows: 
XLII


Insert offset folio 42 here TD3.036

"The Government of the United States shall enforce the provisions of this Treaty 

and licences issued thereunder. The Government of the United States shall take the 

necessary steps to ensure that nationals and fishing vessels of the United States 

refrain from fishing in any Closed Area, and in the Licensing Area, except in 

accordance with Article 4." 

Amend the new Article 5.5 to read as follows: 

"In the event that a report provided pursuant to paragraph 4 of this Article shows 

that a fishing vessel of the United States: 

(a) while fishing in the Licensing Area did not have a licence to fish in the 

Licensing Area; or 

(b) was involved in any incident in which an authorized officer or observer 

was allegedly assaulted with resultant bodily harm, physically threatened, 

forcefully resisted, refused boarding or subjected to physical intimidation or 

physical interference in the performance of his or her duties as authorized pursuant 

to this Treaty; or 

that there was probable cause to believe that a fishing vessel of the United States: 

(c) was used for fishing in waters closed to fishing, except as authorized in 

accordance with paragraph 11 of Article 4; 

(d) was used for fishing by any method other than the purse seine method 

within the Licensing Area; 

(e) was used for directed fishing for Southern Bluefin Tuna or for fishing for 

any kinds of fish other than tunas, except that other kinds of fish may be caught as 

an incidental by-catch; 

(f) used an aircraft for fishing which was not identified on a form provided 

pursuant to paragraph 2 of Annex I in relation to that vessel; or 

(g) was involved in an incident in which evidence which otherwise could have 

been used in proceedings concerning the vessel has been intentionally destroyed; 

and that such vessel has not submitted to the jurisdiction of the Pacific lsland party 

concerned, the Government of the United States shall, at the request of that party, 

take all necessary measures to ensure that the vessel concerned leaves the Licensing 

Area and any Closed Area immediately and does not return except for the purpose 

of submitting to the jurisdiction of the party, or after action has been taken by the 

Government of the United States to the satisfaction of that party." 

Amend the new Article 5 .6 to read as follows: 
XLIII


Insert offset folio 43 here TD3.037

"In the event that a report provided pursuant to paragraph 4 of this Article shows 

that a fishing vessel of the United States has been involved in a probable 

infringement of tb:is Treaty, including an infringement of an applicable national 

law, other than an infringement of the kind described in paragraph 5 of this Article, 

and that the vessel has not submitted to the jurisdiction of the Pacific Island party 

concerned, the Government of the United States shall, at the request of that party, 

take all necessary measures to ensure that the vessel concemed: 

(a) submits to the jurisdiction of that party; or 

(b) is penalized by the Government of the United States at such level as may be 

provided for like violations in United States law relating to foreign fishing vessels 

licensed to fish in the exclusive economic zone of the United States." 

Amend the new Article 5. 9 by deleting the phrase "(identified in the form set out in 

Schedule 1 of Annex ll)". 

7. Amend the new Article 6 as follows: 

Amend the new Article 6. 1 to read as follmvs: 

"It is recognized that the respective Pacific Island parties may enforce the 

provisions of tb:is Treaty and licences issued thereunder, including arrangements 

made pursuant to Article 4.11 and licences issued thereunder, in waters under their 

respective jurisdiction." 

Amend the new Article 6.2 to read as follows: 

"The Govemment of a Pacific Island party shall promptly notify the Govemment of 

the United States of any arrest of a fishing vessel of the United States or any of its 

crew, or any detention of a fishing vessel of the United States for more than 48 

hours, and of any charges filed or proceedings instituted following the atTest or 

detention, in accordance with this Article." 

Amend the new Article 6.3 by deleting the phrase "shall not be unreasonable in relation 

to the offence and". 

Delete the new Article 6.5 (old Article 5.5). 

Renumber the old Article 5.6 as new Article 6.5 and delete the two references to "Article 

4" and replace with "Article 5". 

Renumber the old Article 5.7 as new Article 6.6 and delete the reference to "Article 3" 

and replace with "Article 4". 

Renumber the old Article 5. 8 as new Article 6. 7, 
XLIV


Insert offset folio 44 here TD3.038

8. Amend the new Article 7 as follows: 

Amend the reference in new Article 7.2 to delete "Article 6.1" and replace with "Article 

7.F'. 

Amend the new Article 7.5 to add an "s" to the second reference to fue word 

"Government". 

9. Amend the new Article 8.1 to read as follows: 

"8.1 The parties shall meet once each year, unless otherwise agreed, for the purpose 

of reviewing the. operation of this Treaty." 

1 0. Amend the new Article 9 as follows: 

A.mend the reference in new Article 9(b) to delete "forty five" and replace with "fortyfive". 

Amend the reference in new Article 9(d) to delete "Article 7" ;md replace with "Article 

8". 

11. Amend the new Article 11 to read as follows: 

"11.1 Each parry shall notif'y fue Administrator of their current addresses for the 

receipt of notices given pursuant to this Treaty, and the Administrator shall notify 

the depositaJ.-y and each of the parties of such addresses or any changes fuereof. 

The Administrator shall maintain a list of the relevant contacts for all parties. 

Unless otherwise specified in this Treaty, any notice given in accordance with this 

Treaty shall be in writing and may be served by hand or sent through other means 

of communication to the address of the Administrator or the party as currently listed 

with the depositaJ.-y. 

11.2 Delivery by hand shall be effective when made. Delivery by other means of 

connnunication shall be deemed to be effective when the mode of communication 

confirms receipt.'' 

SECTIONID 

AMENDMENTS TO THE ANNEXES OF THE TREATY 

L Amend Annex I and its Schedules to read as follows: 
XLV


Insert offset folio 45 here TD3.039

"ANNEX I 

l. For the purposes of this Annex; 

"Licensing Period" means the period of validity of licences issued in accordance with 

tllis Treaty. 

2. The Government of the United States shall make application for a licence in respect 

of any fishing vessel of the United States to be used for purse seine fishing in the 

Licensing Area at any time in the Licensing Period in the manner set out in Annex ll. 

The Government of the United States shall provide the Administrator a complete 

application in the fotm advised by the Administrator. 

3.(a) The Administrator may suspend the good standing of a vessel on the FFA 

Vessel Register maintained by the Pacific Islands Forum Fisheries Agency consistent 

with its rules and procedures. 

(b) Where a vessel may have its good standing on the FFA Vessel Register 

suspended or withdrawn. the Administrator shall provide to the Government of the 

United States a duplicate of any notice it provides to a vessel operator under the FF A 

Vessel Register procedures. The vessel subject to suspension shall have 14 days to fix 

the problem, if possible, before the suspension of good standing takes effect pursuant to 

the notice contained herein. 

4. Subject to paragraph 5, a licence may be denied: 

(a) where the application is not in accordance with the requirements of paragraph 2; 

(b) where the owner or charterer is the subject of proceedings under the bankruptcy 

laws of the United States, unless !'easonable financial assurances have been provided to 

the Administrator; 

(c) where the vessel in respect of which application for a licence has been made 

does not have good standing on the FF A Vessel Register maintained by the Pacific 

Islands Forum Fisheries Agency, provided that: 

(i) good standing is withdrawn or suspended in accordance with the rules and 

procedures of the FF A V essei Register; 

(ii) the Pacific Island party requesting withdrawal of good standing bas first 

consulted the Government of the United States and has made all reasonable efforts to 

resolve the dispute in question before utilising the procedures for withdrawal of good 

standing; 

(iii) in the event of a request for withdrawal of good standing of a vessel licensed 

pursuant to this Treaty, the Pacific Island parties agree to take into consideration that 

vessel's compliance with the terms of thls Treaty in determining whether to approve 

such a request; and 

(iv) following a suspension or withdrawal of good standing, the Administrator 

promptly advises the Government of the United States in writing of the reason for the 
XLVI


Insert offset folio 46 here TD3.040

suspension or withdrawal and the requirements which must be fulfilled to reinstate 

good standing. 

5. Without prejudice to their rights under paragraph 4 of Article 5 of the Treaty, 

the Pacific Island parties shall consider notifYing the Government of the United States 

of any alleged infringements of the Treaty by vessels of the United States 30 days prior 

to requesting an investigation linder paragraph 4 of Article 5 of the Treaty. The 

Government of the United States shall inquire into the allegation. As appropriate, the 

Government of the United States, the operator concerned, the Administrator and the 

Pacific Island party concerned may enBage in consultations with a view to settling the 

matter. 

6. On receipt of an application for a licence in accordance with this Annex, the 

Administrator shall take the necessary steps to ensure that: 

(a) a licence in the form determined by the Administrator in respect of the vessel 

identified in the application; or 

(b) a statement setting out the reasons that a licence in respect of the vessel 

identified in the application is denied together with a refund of the amount or amounts 

provided with the application; 

is promptly provided to the Government of the United States." 

2. Amend Annex 11 and its Schedules to read as follows: 

"ANNEX ll -ACCESS AND FEES 

1. The parties to the Treaty on Fisheries between the Governments of Certain Pacific 

Island States and the Government of the United States ("the Treaty") hereby establish 

the terms for the level of access to be afforded U.S. vessels under the Treaty and the 

associated level offees to be paid by U.S. vessel owners: 

2. This Annex shall cover six Licensing Periods, beginning with the Licensing Period 

that begins on 1 January 2017. 

3. Notwithstanding paragraph 2, the licensing and notification procedure$ in this Annex, 

including on Additional Days, shall continue to apply beyond six Licensing Pe1iods. 

4. The following amounts are payable annually ~ 

a. industry payments as provided for in this Annex; 
XLVII


Insert offset folio 47 here TD3.041

b. costs to be paid by the industry for the observer programme as agreed; and 

c. sums pursuant to the related agreement between the FF A and the Government 

of the United States. 

ELIGIBLE U.S. VESSELS 

5. The U.S. Government shall determine the U.S. vessels that are eligible for licence 

applications, and shall submit applications to the Administrator for such vessels. 

6. The Administrator shall not issue a licence to a U.S. vessel for which the U.S. 

Government has not submitted an application, and for which payment has not been 

received pursuant to the tenns of this Annex. 

UPFRONT DAYS 

7. For each of the Licensing Periods, the fol1owing number of days shall be offered to 

U.S. vessel owners: 

(a) In the Exclusive Economic Zones (EEZs) of the Parties to the Nauru Agreement 

(PNA) and the EEZs of other Pacific Island parties or their territories where the 

Purse Seine Vessel Day Scheme (VDS) is being applied1

, with the exception of the 

Republic ofKiribati: 

2017-3,200 days 

2018-3,200 days 

2019-2,720 days 

2020-2,720 days 

2021 - 2,240 days 

2022 - 2,240 days2 

(b) 300 days in the EEZ of the Republic or'Kin'bati for the Licensing Periods 20 17 to 

2020; 

(c) 350 days in the EEZ of the Cook Islands for the Licensing Periods 2017 to 2022; 

(d) 600 days in the EEZs ofFiji, Niue, Samoa, Tonga and Vanuatu. 

1 As of June 2016, the VDS participants are the PNA members (Federated States of Micronesia, Kiribati, 

Marshal! Islands, Nauru, Palau, Papua New Guinea, Solomon Islands, and Tuvalu) and Tokelau. Other 

Pacific Island parties that become a Pa.rty to the Palau Arrangement In any future licensing period may 

·also partldpate in this pool of fishing days. 2 The days for 2021 and 202.2 are Indicative only, subject to negotiation, including in respect of price. 
XLVIII


Insert offset folio 48 here TD3.042

PRICE AND PAYMENT FOR UPFRONT DAYS 

8. The prices to be paid by the U.S. vessel owners for the up:front days refe1Ted to in 

paragraphs 7 (a) and (b) shall be: 

(a) $12,500 per day for years 1 and 2; 

(b) $13,000 per day for years 3 and 4; and 

(c) Years 5 and 6 - to be negotiated. 

9. The price for the days specified in paragraph 7{ c) for Cook Islands shall be $9,533 

per day for the licensing periods 2017-2020 and for licensing periods 2021 and 2022 

to be negotiated. 

10. The annual payment due from the U.S. vessels for fishing days referred to in 

paragraph 7(d) shall be: 

(a) An up :front payment of $250,000; 

(b) An additional payment of$6,000 for any fishing days that include catching, 

taking, or harvesting fish; and 

(c) No payment for fishing days that only consist of searching for fish or deploying 

FADs. 

11. The price for the exploratory days referred to in paragraph 7( d) shall apply for at least 

the first two licensing periods: 2017-2018. Any of the terms contained in paragraphs 

7(d) and lO may be negotiated for licensing periods 2019-2022 at the request of any 

of the parties referred to in paragraph 7( d) or the Government of the United States. 

Such negotiation may include a change in the nature of the days, as well as the 

associated additional payment, including by tonne caught. 

12. If the parties do not change the terms or none of the parties referred to in paragraph 

7(d) or the Govemment of the United States seek to modifY the tem1s of any of the 

Licensing Periods 2019 to 2022, they shall remain as stated in paragraph 1 0. 

13. Consistent with Annex I, the U.S. Government shall notify the Administrator of U.S. 

vessels for which applications are expected to be submitted for the subsequent 

licensing period, in accordance with the following procedures: 

(a) The U.S. Government shall provide to the Administrator, by l July, an initial list 

of those U.S. vessels for which licence applications are expected to be submitted 

under the Treaty, the number of days :from each pool identified in paragraphs 7 (a), 

(b) and (c) to be assigned to each US. vessel owner, and the corresponding 

financial commitment for which each U.S. vessel owner shall be responsible, 
XLIX


Insert offset folio 49 here TD3.043

based on the price per fishing day established pursuant to paragraphs 8 and 9. The 

list shill include the following information: name of the U.S. vessel owner; name 

of the U.S. vessels and IRCS; number of days assigned and relevantpool; total 

number of days; total payment required. 

(b) Any U.S. vessel owner may choose not to purchase from the days made available 

under paragraph 7. Such U.S. vessel owner shall still be provided with a Treaty 

licence by the Administrator, provided that it enters into one or more bilateral or 

multilateral agreements with Pacific Island parties for access to fish under the 

Treaty in accordance with paragraphs 23 and 24. 

(c) If the total number of fishing d?.ys purchased by U.S. vessel owners is less than 

those made available under paragraph 7, ·the Pacific Island parties may make 

unaSsigned days available to other fishing partners after 1 July. 

(d) The days specified in par?.graph 7 shall be reserved each year for the U.S. purse 

seine fleet. 

14. The U.S. Government shall notify the Administrator and the PNA Office 10 working 

days in advance of any change to the information notified pursuant to paragraph 

13(a), in respect of days covered by paragraphs 7(a) and (b). The U.S. Government 

shall notify the Administrator and the Cook Islands 10 working days in advance of 

any change to the information notified pursuant to paragraph 13(a), in respect of days 

covered by paragraph 7(c). Such changes may include any adjustment to the number 

of upfront days assigned to each U.S. vessel owner as long as the total number of· 

upfront days as reflect~d in the submission from the U.S. Government, pursuant to 

paragraph 13, does not change. Financial responsibility for any payments in respect 

of all days remains with the U.S. vessel owner that originally purchased them as 

reflected in the submission from the U.S. Government pursuant to paragraph 13. 

15. The payment agreed for up:front days due from each U.S. vessel owner shall be paid 

to the Administrator as follows: 

(a) at least 50% by 15 December of the year preceding the relevant Licensing Period; 

and 

(b) the balance, plus interest at the mutually agreed rate, by 31 May of the relevant 

Licensing Period. 

16. Until full payment is made by a U.S. vessel owner for the days assigned to a specific 

vessel in the list submitted under paragraph l3(a), that U.S. vessel owner is restricted 

to using only 50% of their assigned days. 

17. The Administrator shall not issue a licence for a U.S. vessel where the relevant vessel 

owner has not made the payment pursuant to paragraph 15( a). 

18. The Administrator shall suspend the licence for aU .S. vessel where the relevant 

vessel owner fails to pay the remaining balance pursuant to paragraph 15(b ). 
L


Insert offset folio 50 here TD3.044

19. Upon non-issuance or suspension of the licence, the Pacific Island parties shall 

determine how to manage any unused days that had been assigned to the relevant 

vessel owner, including whether to make those days available for sale to others. 

20. The failure of any U.S. vessel owner to pay for fishing access under this Agreement 

shall not affect the access terms, rights or liabilities of other licensed vessel o\\'Uers 

that are in. good standing under this Agreement. 

21. The agreed level ofupfront days and fees for each one-year Licensing Period shall 

run from January 1 of one year through December 31 of that year. 

ADDITIONAL DAYS 

22. Subject to paragraph 6, any eligible U.S. vessel owner, whether or not they have 

purchased days from those made available under paragraph 7, may purchase 

additional days offered by a Pacific island party or group of Pacific island parties. 

23. Agreements between the Pacific Island party or Pacific Island parties and the owners 

of eligible U.S. vessels for additional fishing access provided pursuant to paragraph 

22 shall be in accordance with the template provided in Schedule 2; be governed by 

the terms of the Treaty; and must not contravene or otherwise undermine the terms of 

the Treaty. The U.S. Government shall ensure that U.S. vessel owners notify such 

agr:eements to the U.S. Government prior to implementation. The U.S. Government 

shall notify the relevant U.S. vessel owners, within 5 days of receipt, of any 

objections to implementation of any such agreement under the terms .of the Treaty, 

and any necessary corrective action before the agreement is implemented. 

24. Where the U.S. vessel does not already have a licence, the Pacific Island party or 

Pacific Island parties providing additional fishing access pursuant to paragraph 23 

shall notify ¢e Administrator and U.S. Government promptly upon payment for those 

additional days. 

25. Paragraph 23 does not preclude U.S. vessel owners and a Pacific Island party or 

parties from entering into separate commercial arrangements, not governed by the 

Treaty, related to issues not covered by paragraph 23. 

26. The Administrator shall not issue a licence, or where appropriate shall suspend the 

licence, for a vessel for which additional days have been assigned and appropriately 

notified, iftbe relevant Pacific Island party or Pacific Island parties provide 

notification that the vessel owner has failed to make a payment that is due. 

OTHER lVIATTERS 

27. Without prejudice to Pacific Island parties' positions on any capacity management 

measure or other measures taken by Pacific Island parties to manage overall fishing 

capacity in their waters, Pacific Island parties acknowledge that the number of licence 

applications forwarded by the United States to the Administrator annually shall allow 

for no more than 4D vessels operating under the Treaty at any given time. This 
LI


Insert offset folio 51 here TD3.045

provision is included only for the purpose of providing the United States with 

regulatory authority to manage its fleet and shall not be used for other purposes such 

.as to establish limits in respect of the Western and Central Pacific Fishe1ies 

Commission. 

28. Regional terms and conditions as agreed by the Pacific Island parties shall apply to 

the operation of fishing vessels of the United States within waters under the 

jurisdiction of the Pacific Island parties, in accordance with the Treaty. 

AMENDMENT 

29. This Annex may be amended in writing by the parties, either intersessionally or at a 

meeting of the parties. The depositary shall promptly notify the Admlnistrator and all 

the parties of the amendments to the Annex and their effective date. 

Schedule 1 - Application of PNA Purse Seine Vessel Day Scheme (VDS) 

L US. vessels licensed under the Treaty are to operate in accordance with the Vessel 

Day Scheme (VDS) as adopted and applied by the Parties to the Palau Arrangement wben 

operating in the EEZs of Federated States ofMicronesia, Kiribati, Marshall Islands, 

Nauru, Palau, Papua New Guinea, Solomon Islands, Tokelau or Tuvalu, including the 

payments outlined by the PNA Office. 

2. Fishing days in the waters of other Pacific Island parties are to be monitored in 

accordance with the PNA rules (under the Palau Arrangement) of the VDS, unless as 

otherwise agreed. 

3. Pursuant to paragraph 2 of this Schedule, the VDS length adjustment factors shall not 

apply to vessels fishing within tl;le EEZ of Cook Islands. 

4. The United States Government and the Parties to the Palau Arrangement shall 

cooperate to ensure the effective implementation of the VDS for fishing under the Treaty, 

including through improved communication, consultation and training activities. 

5. Changes or amendments to the VDS adopted by the Parties to the Palau Arrangement 

.are to be notified to the Government of the United States not less than 180 days in 

advance oftlle date on which they become applicable for the U.S. fleet. 

6. The Parties shall make every effo1t to process non-fishing day claims in a timely 

manner, and for that purpose may consult bilaterally, with the PNA Office, or with the 

Administrator. 

7. U.S. vessel owners shall, where required, make use of industry Fisheries Information 

Management System (iFIMS) to lodge non-fishing day claims, and the PNA Office may, 

where requested by a Pacific Island party, process non-fishing day claims by U.S. 

vessels. 
LII


Insert offset folio 52 here TD3.046

8. The Parties shall undertake their best efforts to improve the management of nonfishing day applications and to resolve any related dispute~. 

9.The United States Government shall be granted access to information on U.S. vessels 

operating in PNA waters through the PNA Fisheries Information Management System 

(FWS) to monitor days expended by U.S. vessels under the VDS. 

Schedule 2-Template for Notification of Agreement £or Additional Days on a 

Bilateral, Subregional or Multilateral Basis 

(Pacific Island patty or parties) and (vessel owner or owners) have agreed to authorize the 

use of(# of fishing days) by {name of vessel( s)) in waters under their jurisdiction from 

(date) to (date). 

The vessel( s)' operations shall be governed by the terms of the Treaty when operating 

according to this agreement. In the event of any conflict between the terms of this 

agreement and the Treaty, the terms of the Treacy shall prevail. 

Signature Signature 

Pacific Island party Vessel owner(s)" 
LIII


Insert offset folio 53 here TD3.047

SECTION IV 

AMENDMENTS TO THE TREATY THAT THE PARTIES DO NOT INTEND TO 

PROVISIONALLY APPLY 

1. Amend the new Article 7.4 to delete "Unless the parties to the dispute agree 

otherwise" and replace with "If both parties to !he dispute agree". 

2. Amend the new Article 10 to read as follows: 

"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 1 0( c). Pending !he 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." 

3. Delete the new Article 13.6. 

4. Renumber the old Article 12.7 as the new Article 13.6, and amend the text to read as 

follows: 

"13.6 This Treaty shall cease to have effect for a party at the expiry of the sixth 

month following the receipt by the depositary of an instrument signifying withdrawal 

or denunciation by that party." 

5. Renumber old Article 12.8 as new Article 13.7 and amend the text "Articles 1,3, 4 

.and 5" to read "Articles 1, 4, 5, and 6". 

6. Renumber old Article 12.9 as new Article 13.8. 

7. Renumber old Article 12..10 as new Article 13.9. 
LIV


Insert offset folio 54 here TD3.048

ATTACHMENT ll 

TREATY ON FISHERIES 

TREA TV ON FISHERIES 

BETWEEN THE GOVERNMENTS OF CERTAIN 

PACIFIC ISLAND STATES AND THE GOVERNMENT 

OF THE UNITED STATES OF AMERICA 

"Working'' Treaty 
LV


Insert offset folio 55 here TD3.049

TABLE OF CONTENTS 

Preamble 

Article 1 -Definitions and Interpretation 

Article 2 - Objective 

Article 3 -Broader Cooperation 

Article 4-Access under the Treaty 

Article 5 -Flag State Responsibility 

Article 6 -Compliance Powers 

Article 7 - Consultations and Dispute Settlement 

Article 8-Review of the Treaty 

Article 9- Amendment of the Treaty 

Article 10-Amendment of Armexes 

Article 11 -Notification 

Article 12 -Depositary 

Article 13-Final Clat1ses 

Annexes 

Annex I 

Annex ll -Access and Fees 
LVI


Insert offset folio 56 here TD3.050

TREATY ON FISHERIES BETWEEN 

THE GOVERNMENTS OF CERTAIN PACIFIC ISLAND 

STATES AND THE GOVERNMENT OF THE 

UNITED STATES OF AMERICA 

The Governments of the Pacific Island States party to this Treaty and the Government of the 

United States of America. 

ACKNOWLEDGING that in accordance with international law, coastal States have sovereign 

rights for the purposes of exploring and exploiting, conserving and managing the fisheries 

resources of their exclusive economic zones or fisheries zones; 

RECOGNJZING the strong dependence of ilie Pacific Island parties on fisheries resources 

and the importance of the continued abundance of those resources; 

BEARING IN MIND that some species of fish are found within and beyond the jurisdiction of 

any of the parties and range throughout a broad region; 

DESIRING to maximize benefits flowing from the development of the fisheries resources 

within the exclusive economic zones or fisheries zones of the Pacific Island parties; and 

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. 

HAVE AGREED AS FOLLOWS: 

l.l Jn this Treaty: 

ARTICLE 1 

DEFINITIONS AND INTERPRETATION 

(a) "Administrator" means that person or organization designated by the Pacific Island 

parties to act as such on their behalf pursuant to this Treaty and notified to the Government of 

the United States; 

(b) "Closed Area" means any area within the jurisdiction of a Pacific Island party that is 

closed to vessels pursuant to that party's national laws, and is listed as a Closed Area in the 

FF A central holdings on the FF A website; 

(c) "Convention'' means the Convention for the Conservation and Management of Highly 

Migratory Fish Stocks in the Western and Central Pacific Ocean; 

(d) "FFA" means the Pacific Islands Forum Fisheries Agency established by the South 

Pacific Forum Fisheries Agency Convention 1979; 

(e) "final judgment" means a judgment from which no appeal proceedings have been 
LVII


Insert offset folio 57 here TD3.051

initiated within sixty days; 

(f) "fishing" means: 

(i) searching for, catching, taking or harvesting fish; 

(ii) attempting to search for, catch, take or harvest fish; 

(iii) engaging in any other activity which can reasonably be expected to result in the 

locating, catching, taking or harvesting of fish for any purpose; 

(iv) placing, searching for or recovering fish aggregating devices or associated elecn·onic 

equipment such as radio beacons; 

(v) any operations at sea directly in support of, or in preparation for any activity described 

in this paragraph; or 

(vi) use of any other vessel, vehicle, aircraft or hovercraft, for any activity descn'bed in 

subparagraphs (i) to (v) except for emergencies involving the health or safety of the crew or the 

safety of a vessel; 

(g) "fishing vessel of the United States" or "vessel" means any boat, ship or other craft 

which is used for, equipped to be used for, or of a type normally used for commercial purse 

seioe fishing for tuna, which is documented under the laws of the United States; 

(h) "Licensing Area" means all waters under the jurisdiction of the Pacific Island parties 

except for internal waters, tenitorial seas, archipelagic waters and any Closed Area; 

(i) "operator" means any person who is in charge of, directs or controls a vessel, including 

the owner, charterer and master; 

G) "Pacific Island party" means a Pacific Island State party to this Treaty and "Pacific 

Island parties" means all such States from time to tune; 

(k) "Pacific Island State" means a party to the South Pacific Forum Fisheries Agency 

Convention, 1979; 

(I) "party" means a State party to this Treaty, and ''parties" means all such States, from 

time to time; 

(m) "this Treaty" means this Treaty, its Annexes and their Schedules. 

1.2 Nothing in this Treaty shall be deemed to affect tbe applicability of any provision of a 

Pacific Island party's law which is not identified or ot:herwise described in this Treaty. 

1.3. Nothing in this Treaty, nor acts or activities taking place thereunder, shall constitute 

recognition of the claims or the positions of atiy of the parties concerning the legal status and 

extent of waters and zones claimed by any party. In the claimed waters and zones, the 

freedoms of navigation and overflight and other uses of the sea related to such freedoms are to 

be exercised in accordance witll international law. 
LVIII


Insert offset folio 58 here TD3.052

ARTICLE2 

OBJECTIVE 

2. The objective of the Treaty is to provide for fishing access by vessels of the United States to 

the waters under the jurisdiction of the Pacific Island parties and to provide a platform for 

fisheries cooperation between the parties. 

ARTICLE3 

BROADER COOPERATION 

3.1 The Government of the United States shall cooperate with the Pacific Island parties to 

assist the Pacific Island parties to achieve the objective of maximizing benefits to the Pacific 

Island parties from the development of their fisheries resources and the operation of fishing 

vessels of the United States thai are licensed pursuant to the Treaty. 

3.2 The Government of the United States shall promote the maximization of the benefits 

generated for the Pacific Island parties from the operations of fishing vessels of the United 

States that are licensed pursuant to this Treaty, including, as appropriate, through: 

(a) the use of canning, Joining, slipping and repair facilities located in the Pacific Island parties; 

(b) the purchase of equipment and supplies, including fuel supplies, from suppliers located in 

the Pacific Island parties; 

(c) the employment of nationals of the Pacific Island parties on board vessels operating under 

the Treaty; and 

(d) landing and transhipment of catch by vessels operating under the Treaty in the jurisdiction 

of Pacific Island parties. 

3 .3 The Government of the United States shall provide technical assistance, training and 

capacity building opportunities, as appropriate, with the objective of assisting the Pacific 

Island parties to assess and manage their fisheries resources. 

3.4 The Government of the United States shall, where appropriate, facilitate the 

implementation of private sector activities or partnerships; which are designed to support 

commercially viable investment opportunities for the development of fisheries related 

businesses in the Pacific Island parties. 

3.5 The Government of the United ·states and the Pacific Island parties recognise the 

importance of increasing the mutual benefits from deeper economic relations. 
LIX


Insert offset folio 59 here TD3.053

ARTICLE4 

ACCESS UNDER THE TREATY 

4.1 Fishing vessels of the United States shall be permitted to engage in fishing in the Licensing 

Area in accordance with the terms of this Treaty. 

4.2 No fishing vessel of the United States shall be used for fishing in any Closed Area; or in the 

Licensing Area except in accordance with a licence issued by the Administrator. 

4.3 Vessels llcensed under this Treaty shall comply with the applicable national laws of each 

Pacific Island party, as conditions of fishing access to the waters under the jurisdiction of that 

party. Applicable national laws of the parties, as well as any amendments thereto, shall be 

notified pursuant to subparagraph 4.4 of this Article and shall take effect for vessels licensed 

under the Treaty not less than 60 days after the United States receives notification from the 

Administrator or as specified in that law, whichever is later. 

4.4 Upon enactment or promulgation of a new or amended law, the Pacific Island party shall 

promptly notifY and send a copy of s:uch Jaw to the Administrator. Upon receipt of a copy of a 

new or amended law, the Administrator shall promptly notify and circulate the new or amended 

law to all parties. 

4.5 The Administrator shall include all new or amended laws notified pursuant to subparagraph 

4.4 of this Article in the FFA central holdings on the FF A website. The Administrator shall 

maintain the FF A central holding of all laws and Closed Areas in effect, and all new or amended 

laws, on the FF A website, which shall be available to all parties. 

4.6 Notwithstanding Article 7, auy disputes arising from the application of a Pacific Island 

party's national laws under this Treaty shall be addressed through consultations with the party or 

parties concerned. Such consultations do not prevent the Pacific Island party from enforcmg an 

applicable law within its jurisdiction. 

4. 7 Regional terms and .conditions as agreed by the Pacific Island parties shall apply to the 

operation of fishing vessels of the United States within waters under the jurisdiction of the 

Pacific Island parties. Such regional terms and conditions shall be attached as conditions of the 

licence by the Administrator. Unless notified by the Administrator in accordance with Article 

4.10, these regional terms and conditions shall continue to apply without modification or 

amendment for subsequent licensing periods. 

4.8 Notwithstanding Article 4.7, for the purposes of ensuring effective management of the 

operation of fishing vessels of the United States within waters under the jurisdiction of Pacific 

Island parties, the regional terms and conditions that shall apply at all times to the operation of 

vessels licensed under the Treaty are, unless the parties agree otherwise: 

(a) Automatic Location Communicator on at all times; 

(b) Reporting, including reporting on entry and exit into waters under the jurisdiction of the 

·Pacific Island parties, unloading, transhipment and port entry and departure; 

(c) Maintenance and submission of catch and effort logsheets for the whole trip; 

(d) Provision of unloading and out-rum information; and 

(e) Requirements relating to observers. 
LX


Insert offset folio 60 here TD3.054

4.9 . .\nicles 4.7 and 4.8 do not prejudice the applicability of national laws by Pacific Island 

parties pursuant to Article 4.3. 

4.10 Any new or amended regional term and condition shall be notified to the United States not 

less than 1.80 days in advance of the start of the licensing period in which it is to apply. Upon 

receipt of the terms and conditions and prior to the sta1t of the licensing period, the United States 

and the Administrator shall, at the request of either the United States or the Administrator, 

consult regarding how any term or c.ondition is to be implemented with respect to vessels 

licensed under the Treaty. The regional terms and conditions attached to the licence shall 

remain in effect for the dtJiation of the licensing period without modification or amendment. 

4.1 1 Notwithstanding subparagraph 4.2 of this Article, fishing opportunities for vessels licensed 

under this Treaty where the relevant tenns of Annex TI are no longer in force, or in areas other 

than the Licensing Area, shall be determined by agreement between the owners of the vessels in 

question and the relevant Pacific Island party or parties in accordance with the licensing and 

notification procedures as set out in the Annexes, and such additional terms as may be agreed. 

4.12 Nothing in this Treaty shall prejudice the rights, jurisdiction and duties of parties under 

international law. 

ARTICLES 

FLAG STATE RESPONSIBILITY 

5.1 The Government of the United States shall enforce the provisions of this Treaty and 

licences issued thereunder. The Govemment ofthe United States sball take the necessary step.s 

to ensure that nationals and fishing vessels of the United States refrain from fishing in any 

Closed Area, and in the Licensing Area, except in accordance with Article 4. 

5.2 The Government of the United States shall, at the request of the Government of a 

Pacific Island party, take all reasonable meastJies to assist that party in the investigation of an 

alleged breach of this Treaty by a fishing vessel of the United States and promptly 

communicate all the requested information to that party. 
LXI


Insert offset folio 61 here TD3.055

53 The Government of the United States shall ensure that 

(a) each fishing vessel of the United States licensed pursuant to this Treaty is fully 

insured against all risks and liabilities; 

(b) all measures are taken to facilitate: 

(i) any claim arising out of the activities of a fishing vessel of the United States, 

including a claim for the total market value of any fish taken from the Licensing Area without 

authorization pursuant to this Treaty, and the prompt settlement of that claim; 

(ii) the service of legal process by or on behalf of a national or the Government of a 

Pacific Island party in any action arising out of the activities of a fishing vessel of the United 

States; 

(iii) the prompt and full adjudicatio.n in the United States of any claim made pursuant to 

this Treaty; 

(iv) the prompt and full satisfaction of any final judgment or other final detennination 

made pursuant to this Treaty; and 

(v) the provision of a reasonable level of financial assurances, if, after consultation with 

the Government of the United States, all Pacific Island parties agree that the collection of any 

civil or criminal judgment or judgments or determination or determinations made pursuant to 

this Treaty has become a serious enforcement problem; 

(c) an amount equivalent to the total value of any forfeiture, fme, penalty or other amount 

collected by the Government of the United States incurred as a result of any actions, judicial or 

otherwise, taken pursuant to this Article is paid to the Administrator as soon as possible 

following the date that the amount is collected. 

5.4 The Government of the United States shall, at the request of the Government of a 

Pacific Island party, fully investigate any alleged infringement of this Treaty involving a vessel 

of the United States, and report as soon 11.5 practicable and in any case within two months to 

that Government on that investigation and on any action taken or proposed to be taken by the 

Government of the United States in relation tp the alleged infringement. 

5.5 In the event that a report provided pursuant to paragraph 4 of this A.rticle shows that a 

fishing vessel of the United States: 

(a) while fishing in the Licensing Area did not have a licence to fish in the Licensing 

Area; or 

(b) was involved in any incident in which an authorized officer or observer was allegedly 

assaulted with resultant bodily harm, physically threatened, forcefully resisted, refused 

boarding or subjected to physical intimidation or physical interference in the performance of 

his or her duties as authorized pursuant to this Treaty; or 

that there was probable cause to believe that a fishing vessel of the United States: 

(c) was used for fishing in waters closed to :fishic<g, except as authorized in accordance 

with paragraph ll of Article 4; 

(d) was used for fishing by any method other than the purse seine method within the 

Licensing Area; 

(e) was used for directed fishing for Southern Bluefin Tuna or for fishing for any kinds of 
LXII


Insert offset folio 62 here TD3.056

fish other than tunas, except that other kinds of fish may be caught as an incidental by-catch; 

(f) used an aircraft for fishing which was not identified on a form provided pursuant to 

paragraph 2 of Annex 1 in relation to that vessel; or 

(g) was involved in an incident in which evidence which otherwise could have been used 

in proceedings concerning the vessel has been intentionally destroyed; 

and that such vessel has not submitted to the jurisdiction of the Pacific Island party concerned, 

the Government of the United States shall, at the request of that party, take all necessary 

measures to ensure that the vessel concerned leaves the Licensing Area and any Closed Area 

immediately and does not return except for the purpose of submitting to the jurisdiction of the 

party, or after action has been taken by the Government of the United States to the satisfaction 

of that party. 

5.6 In the event that a report provided pursuant to paragraph 4 of this Article shows that a 

fishing vessel of the United States has been involved in a probable infringement of this Treaty, 

including an infringement of an applicable national law, other than an infringement of the kind 

described in paragraph 5 of this Article, and that the vessel has not submitted to the jurisdiction 

of the Pacific Island party concerned, the Government of the United States shall, at the request 

of that party, take all necessary measures to ensure that the vessel concerned: 

(a) submits to the jurisdiction of that party; or 

(b) is penalized by the Government of the United States at such level as may be provided for 

like violations in United States law relating to foreign fishing vessels licensed to fish in the 

exclusive economic zone of the United States. 

5.7 Financial assurances provided pursuant to this Treaty may be drawn against by any 

Pacific Island party to satisfY any civil or criminal judgment or other determination in favour of 

a national or the Government of a Pacific Island party. 

5.8 Prior to instituting any legal proceedings pursuant to this Article concerning an alleged 

infringement of this Treaty in waters within the jurisdiction, for any purpose, as recognized by 

international law, of a Pacific Island party, the Government of the United States shall notifY 

the Government of that Pacific bland party that such proceedings shall be instituted. Such 

notice shall include a statement of the facts believed to show an infringement of this Treaty 

and the natore of the proposed proceedings, including the proposed charges and the proposed 

penalties to be sought. The Government of the United States shall not institute such 

proceedings if the Government of that Pacific Island party objects within 30 days of the 

effective date of such notice. 

5.9 The Government of the United States shall ensure that an agent is appointed and 

maintained in accordance with the requirements of subparagraphs (a) and (b) of this paragraph, 
LXIII


Insert offset folio 63 here TD3.057

with authority to receive and respond to any legal process issued by a Pacific Island party in 

respect of an operator of any fishing vessel of the United States and shall notifY the 

Administrator of the name and address of such agent, who: 

(a) shall be 1ocated in Port Moresby for the purpose of receiving and responding to any 

legal process issued in accordance with this Article; and 

(b) shall, within 21 days of notification that legal process has been issued in accordance 

with this Article, travel to any Pacific Island party, at no expense to that party, for the purpose 

of receiving and responding to that process. 

ARTICLE6 

COMPLIANCE POWERS 

6.1 It is recognized that the respective Pacific Island parties may enforce the provisions of this 

Treaty and licences issued thereunder, including arrangements made pursuant to Article 4.11 

and licences issued thereunder, in waters under their respective jurisdiction. 

6.2 The Government of a Pacific Island party shall promptly notifY the Government of the 

United States of any arrest of a fishing vessel of the United States or any of its crew, or any 

detention of a fishing vessel of the United States for more than 48 hours, and of any charges 

filed ot proceedings instituted following the arrest or detention, in accordance with this Article. 

6.3 Fishing vessels of the United States and their crews arrested for breach of this Treaty shaH 

be promptly released upon the posting of a reasonable bond or other security. Penalties 

applied in accordance with this Treaty for fishing violations shall not include imprison..'!lent or 

corporal punishment. 

6.4 The Governrnent of the United States shall not apply sanctions of any kind including 

deductions, however effected, from any amounts which might otherwise have been paid to any 

Pacific Island party, .and restrictions on trade with any Pacific Island party, as a result of any 

enforcement measure taken by a Pacific Island party in accordance with this Article. 

6.5 Where legal proceedings have been instituted by the Govermnent of the United States 

pursuant to Article 5, no Pacific fsland party shall proceed with any legal action in respect of 

the same alleged infringement as long as such proceedings are maintained. Where penalties are 

levied or proceedings are othenvise concluded by the Government of the United States 

pursuant to Article 5, the Pacific Island party which has received notice of such final 

determination shall withdraw any legal charges or proceedings in respect of the same alleged 

infringement. 

6.6 During any period in which a party is investigating any infringement of this Treaty 

involving a fishing vessel of the United States, being an infringement which is alleged to have 

taken place in waters within the jurisdiction, for any purpose, as recognized by international 

law, of a Pacific Island party, and if that Pacific Jsiand party so notifies the other parties, any 

licence issued in respect of that vessel shall, for the purposes of Article 4, be deemed not to 

authorise fishing in the waters of that Pacific Island party. 

6.7 If full payment of any amount due as a result of a final judgment or other final 

determination deriving from an occurrence in waters within the jurisdiction, for any purpose, of 
LXIV


Insert offset folio 64 here TD3.058

a Pacific Island party, is not made to that party within sixty ( 60) days, the licence for the vessel 

involved shall be suspended at the request of that party and that vessel shall not be authorized 

tO fish in the Licensing Area until that amount is paid to that party. 

ARTICLE 7 

CONSULTATIONS AND DISPUTE SETTLEMENT 

7.1 At the request of any party, consultations shall be held with any other party within sixty 

(60) days of the date of receipt of the request All other parties shall be notified of the 

request for consultations and any party shall be permitted to participate in such consultations. 

7.2 Any dispute between the Goverrnnent of the United States and tile Goverrnnent of one or 

more Pacific Island pa..'iies in relation to or arising out of this Treaty may be submitted by 

any such pirrty to an arbitral tribunal for settlement by arbitration no earlier than one hundred 

and twenty (120) days following a request for consultations under .Article 7.L Unless the 

parties to the dispute agree otherwise, the Arbitration Rules of the United Nations 

Commission on International Trade Law as at present in force shall be used. 

7.3 The Government or Govem.-nents of the Pacific Island party or parties to the dispute shall 

appoint one arbitrator and the Goverrnnent of the United States shall appoint one arbitrator. 

The third arbitrator, who shall act as presiding arbitrator of the tribunal, shall be appointee! by 

agreement of the parties to the dispute. In the event of a failure to appoint any arbitrator 

within the time period provided in the Rules, the arbitrator shall be appobted by the 

Secretary General of the Permanent Court of Arbitration at The Hague. 

7.4 Unless the parties to the dispute a,.,<>ree otherwise, the place of arbitration shall be Port 

Moresby. The tribunal raay hold meetings at such otiler place or places within the territory 

of a Pacific Island party or elsewhere within the Pacific Islands region as it may determine. 

An award or other decision shall be final and binding on tile parties to the arbitration, nnd, 

unless the parties agree otherwise, shall be made public. Tile parties shall promptly carry out 

any award or other decision of the tribunal. t 

7.5 The fees and expenses of the tribunal shall be paid half by the Government or 

Governments of the Pacific Island party or parties to the arbitration and half by the 

Government of the United Stares, urJess the parties to the arbitration agree otherwise. 

ARTICLE 8 

REVIEW OF THE TRF.A TY 

8.1 The parties shall meet once each year, unless orherwise agreed, for the purpose of 

reviewing the operation of this Treaty. 

8.2 The parties shall, where appropriate, consider the extent to which adjustments to the 

provisions of the Treaty or measures adopted tilereunder may be necessary to promote 

consistency with any measures adopted under the Convention. 

1 !n 2016, there is an amendment agreed by the parties to this paragraph, however it does NOT 

provisionz!iy apply until it has been ratified by all parties. 
LXV


Insert offset folio 65 here TD3.059

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

ARTICLE 9 

AMENDMENT OF THE TREATY 

9. The following procedures shall apply to the adoption and entry into force of any amenchnent 

to this Treaty. 

(a) Any party may propose amendments to this Treaty. 

(b) A proposed amendment shall be notified to the depositary not le.ss than forty-five ( 45) days 

before the meetings at which the proposed amendment will be considered. 

(c) The depositary shall promptly notify all parties of such proposal. 

(d) The parties shall consider proposed amendments to this Treaty at the annual meeting 

describe\! in Article 8, or at any other time that may be agreed by all parties. 

(e) Any amr.ndment 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. 

(f) The depositary shall promptly notifY all parties of the entry into force of the amendment. 

ARTICLE 10 

AMENDMENT OF ANNEXES 

10. The following procedures shail apply to the adoption and entry into force of any 

amendment to an Annex of this Treaty, at the request of t.!:te party proposing the amendment, in 

lieu of the procedure set out in Artic.le 9, unless otherwise provided in the Annex? 

{a) Any party may propose amendment to an Annex of this Treaty at any time by notifying 

such proposal to tbe depositary, which shall promptly notify all parties of the proposed 

amendment. 

(b) 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 2ppropriate A.nnex 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. 

ARTICLE 11 

NOTIFICATION 

ll.l Each party shall notify the Administrator of their current addresses for the receipt of 

notices ·given pursuant to this Treaty, and the Administrator shall notify the depositary and 

each of the parties of such addresses or any changes thereof. The Administrator shall 

maintain a list of the relevant contacts for all parties. Unless otherwise specified in this 

Treaty, any notice given in accordance with this Treaty shall be in writing and may be served 

2 In 2002, therE was an amendment agreed by the parties to this Article, however it does NOT 

provisionally apply until it h2s been ratified by all parties. 
LXVI


Insert offset folio 66 here TD3.060

by hand or sent through other weans of communicatJOn to the address of the Administrator or 

the party as currently listed with the depositary. 

l L2 Delivery by hand shall be effective when made. Delivery by other means of 

communication shall be deemed to be effective when the mode of communication confirms 

receipt. 

ARTICLE 12 

DEPOSITARY . 

12. The depositary for the Treaty shall be the Government of Papua New Guinea. 

ARTICLE 13 

FINAL CLAUSES 

13 .1 This Treaty shall be open for signature by the Governments of all the Pacific Island 

States and the Government of the United States of Ac'llerica. 

13.2 This Treaty is subject to ratification by the States referred to in paragraph l of this 

Article. The mstruments of ratification shall be deposited with the depositary. 

!3.3 This Treaty shall remain open for accession by States referred to in paragraph 1 of this 

Article. The instruments of accession shall be deposited with the depositary. 

l3 .4 Tnis I reaty shall enter into force l.o'])On receipt by the depositary of instruments of 

ratification by the Government of the United States and by the Governments of ten Pacific 

Island States which shall include the Federated State; of Micronesia, the Republic of Kiribati 

and Papua New Guinea. 

13.5 This Treaty shall enter into force for any State ratifying or acceding after the entry into 

force of this Treaty on the thirtieth day after the date on which its instrument of ratification or 

accession is received by the depositary. 

13.6 This Treaty sbaU cease to have effect at the expiry of one year following the receipt by 

the depositary of an instrument signifYing withdrawal or denunciation by the United States, 

any of the Pacific Island States named in Article 13 .4, or such number of Pacific Islands 

States as would leave fewer than ten such States as parties.1 

13.7 This Treaty shall cease to have effect for a party at the expiry of the six1h month 

following the receipt by the depositary of an instrument signifYing withdrawal or 

denunciation by that party, except that where this Treaty would cease :o have effect under the 

last preceding paragraph as the result of the receipt of the said instrument, it shall cease to 

have effect for that party in the manner provided in the last preceding paragraph." 

3 In 201&, there was an amendment agreed by the partie< to this paragraph, however it does NOT 

provisionally <lpply until it has been ratified by aU p<1rties. 4 In 2016, there was an amendment agreed by the parties to this paragraph, however it does NOT 

provisionally apply untii it has been ratified by all parries. 
LXVII


Insert offset folio 67 here TD3.061

13.8 Arly licence in force pursuant to this Treaty shall not cease to have effect as a result of 

this Treaty ceasing to have effect either generally or for any party, and Article 1, 4, 5 and 6 

shall be regarded as continuing in force between the United States and the Pacific Island State 

party in respect of such licence until such licence expires in accordance with its terms. 

l3.9No reservations may be made to this Treaty. 

13.10 Paragraph 9 of this Article does not preclude a State, when signing, ratifYing or 

acceding to this Treaty, from making declarations or statements, provided that such 

declarations or statements do not purport to exclude or modifY the legal effect of the 

provisions of this Treaty in their application to that State. 

DONE at Port Moresby on the second day of Aprill987. 
LXVIII


Insert offset folio 68 here TD3.062

ANNEX I 

l. For the purposes of this Allnex: 

"Licensing Period" means the period of validity of licences issued in accordance with this 

Treaty. 

2. The Government of the United States shall make application for a licence in respect of any 

fishing vessel of the United States to be used for purse seine fishing in the Licensing Area at any 

time in the Licensing Period in the manner set out in Annex II. The Government of the 

United States shall provide the Administrator a complete application in the fonn advised by 

the Administrator. 

3.(a) The Administrator may suspend the good standing rif a vessel on the FFA Vessel 

Register maintained by the Pacific Islands Fomm Fisheries Agency consistent with its rules and 

procedures. 

(b) Where a vessel may have its good standing on the FFA Vessel Register suspended or 

withdrawn, the Administrator shall provide to the Government of the United States a duplicate of 

any notice it provides to a vessel operator under the FF A V esse! Register procedures. The. vessel 

subject to suspension shall have 14 days to fix the problem, if possible, before the suspension of 

good standing takes effect pursuant to the notice contained herein. 

4. Subject to paragraph 5, a licence may be denied: 

(a) where the application is not in accordance with the requirements nf paragraph 2; 

(b) where the owner or charterer is the subject of proceedings under the bankruptcy laws of 

the United States, unless reasonable financial assurances have been provided to the 

Administrator; 

(c) where the vessel in respect of which application for a licence has been made does not 

have good standing on the FFA Vessel Register maintained by the Pacific Islands Fomm 

Fisheries Agency, provided that: 

(i) good standing is withdrawn or suspended in accordance with tbe rules and procedures 

of tbe FF A Vessel Register; 

{ii) the Pacific Island party requesting withdrawal of good standing has first consulted rhe 

Government of the United States and has made all reasonable efforts to resolve the dispute in 

question before utilising the procedures for withdrawal of good standing; 

(iii) in the event of a request for withdrawal of good standing of a vessel licensed pursuant to 

this Treaty, the Pacific Island parties agree to mke into consideration that vessel's compliance 

with the tenns of this Treaty in detennining whether to approve such a request; and 

(iv) following a suspension or withdrawal of good standing, the Administrator promptly 

advises the Government of the United States in writing of the reason for the suspension or 

withdrawal and the requirements which must be fulfilled to reinstate good standing. 
LXIX


Insert offset folio 69 here TD3.063

5. Without prejudice to their rights under paragraph 4 of Article 5 of the Treaty, the Pacific 

Island parties shall consider notifYing the Government of the United States of any alleged 

infringements of the Treaty by vessels of the United States 30 days prior to requesting an 

investigation under paragraph 4 of Article 5 of the Treaty. The Government of the United States 

shall inquire into the allegation. As appropriate, the Government of the United States, the 

operator concerned, the Administrator and the Pacific Island party concerned may engage in 

consultations with a view to settling the matter. 

6. On receipt of an application for a licence in accordance with this Annex, the 

Administrator shall take the necessary steps to ensure that: 

(a) a licence in the form determined by the Administrator in respect of the vessel identified 

in the application; or 

(b) a statement setting out the reasons that a licence in respect of the vessel identified in the 

application is denied together with a refund of the amount or amounts provided with the 

application; 

is promptly provided to the Government of the United States. 

ANNEX II 

ACCESS AND FEES 

l. The parties to the Treaty on Fisheries bet1¥een Governments of Certain Pacific Island States 

and the Government of the United States (''the Treaty") hereby establish the terms for the 

level of access to be afforded U.S. vessels under the Treaty and the associated level of fees to 

be paid by U.S. vessel owners. 

2. This Annex shall cover six Licensing Periods, beginning with the Licensing Period that 

begins on 1January2017. 

3. Notwithstanding paragraph 2, the licensing and notification procedures in this Annex, 

including on Additional Days, shall continue to apply beyond six Licensing Periods. 

4. The following amounts are payable annuallya. industry payments as provided for in this Annex; 

b. costs to be paid by the industry for the observer programme as agreed; and 

c. sums pursuant to the related agreement bet-ween the FF A and the Government of the 

United States. 

ELIGIBLE U.S. VESSELS 

5. The U.S. Government shall determine the U.S. vessels that are eligible for licence 

appllcations, and shall submit applications to the Administrator for such vessels. 

6. The Administrator shall not issue a licence to a U.S. vessel for which the U.S. Government 

has not submitted an application, and for which payment has not been received pursuant to 

the terms of this Annex. 

UPFRONT DAYS 

7. For each of the Licensing Periods, the foilowingnumber of days shall be offered to U.S. 

vessel owners: 
LXX


Insert offset folio 70 here TD3.064

(a) In the Exclusive Economic Zones (EEZs) of the Parties to the Nauru Agreement (1>NA) 

and the EEZs of other Pacific island parties or their territories where the Purse Seine 

Vessel Day Scheme (VDS) is being applied1

, with the exception of the Republic of 

Kiribati: 

2017 3,200 days 

2018 ·- 3,200 days 

2019--2,720 days 

2020-2,720 days 

2021 - 2,240 days 

2022- 2,240 days2 

(b) 300 days in the EEZ of the Republic of Kiribati for the Licensing Periods 2017 to 2020; 

(c) 350 days in the EEZ of the Cook Islands for the Licensing Periods 2017 to 2022; 

(d) (500 days in the EEZs ofFiji, Niue, Samoa, Tonga and Vanuatu. 

PRICE AND PAYMENT FOR UPFRONT DAYS 

8. The prices to be paid by the U.S. vessel owners for the upfront days referred to in paragraphs 

7 (a) and (b) shall be: 

(a) $12,500 per day for years 1 and 2; 

(b) $13,000 per day for years 3 and 4; and 

(c) Years 5 and 6-to be negotiated. 

9. The price for the days specified in paragraph 7(c) for Cook Islands shall be $9,533 per day 

for the licensing periods /.017-2020 and for licensing periods 2021 and 2022 to be negotiated. 

10. The annual payment due from the U.S. vessels for fishing days referred to in paragraph 7(d) 

shall be: 

(a) An upfront payment of $250,000; 

(b) An additional payment of $6,000 for any fishing days that include catching, taking, or 

harvesting fish; and 

(c) No payment for fishing days that only consist of searching for fish or deploying FADs. 

11. The price for the exploratory days referred to in paragraph 7( d) shall apply for at least the 

first two licensing periods: 2017-2018. Any of the terms contained in paragraphs 7(d) and 

l 0 may be negotiated for licensing periods 2019-2022 at the request of any of the parties 

referred to in paragraph 7(d) or the Government of the United States. Such negotiation may 

include a change in the nature of the days, as well as the associated additional payment, 

including by tonne caught. 

1 As of June 2016, the VDS participants are the PNA members (Federated States of Micronesia, Kiribati, 

Marshall Islands, Nauru, Palau, Papua New Guinea, Solomon Islands, and Tuvalu) and Tokelau. Other 

Pacific Island parties that become a Party to the Palau Arrangement in any future licensing period may 

also participate in this pool of fishing days. 

'The days for 2021 and 2022 are indicative only, subject to negotiation, including in respect of price. 
LXXI


Insert offset folio 71 here TD3.065

12. If the parties do not change the terms or none of the parties referred to in paragraph 7( d) or 

the Government of the United States seek to modify the terms of any of the Licensing Periods 

2019 to2022, they shall remain as stated in paragraph 10. 

13. Consistent with Annex 1, the U.S. Government shall notify the Administrator of U.S. vessels 

for which applications are expected to be submitted for the subsequent licensing period, in 

accordance with the following procedures: 

{a) The U.S. Government shall provide to the Administrator, by I July, an initial list 

of those U.S. vessels for which licence applications are expected to be submitted 

under the Treaty, the number of days from each pool identified in paragraphs 7 

(a), (b) and (c) to be assigned to each U.S. vessel owner, and the corresponding 

financial commitment for which each US. vessel owner shall be responsible, 

based on the price per fishing day established pursuant to paragraphs 8 and 9. The 

list shall include the following information: name of the U.S. vessel owner; name 

of the U.S. vessels and IRCS; number of days assigned and relevant pool; total 

number of days; total payment required. 

(b) Any U.S. vessel owner may choose not to purchase from the days made available 

under paragraph 7. Such U.S. vessel owner shan still be provided with a Treaty 

licence by the Administrator, provided that it enters into one or more bilateral or 

multilateral agreements with Pacific Island parties for access to fish under the 

Treaty in accordance with paragraphs 23 and 24. 

(c) If the total number of fishing days purchased by U.S. vessel owners is less than 

those made available under paragraph 7, the Pacific Island parties may make 

unassigned days available to other fishing partners after 1 July. 

(d) The days specified in paragraph 7 shall be reserved each year for the U.S. purse 

seine fleet. 

14. The U.S. Government shall notify the Administrator and the PNA Office 10 working days in 

advance of any change to the information notified pursuant to paragraph 13(a), in respect of 

days covered by paragraphs 7(a) and {b). The U.S. Government shall notify the 

Administrator and the Cook Islands 10 working days in advance of any change to the 

infort!)ation notified pursuant to paragraph l3(a), in respect of days covered by paragraph 

7(c). Such changes may include any adjustment to the number of upfront days assigned to 

each U.S. vessel owner as long as the total number of upfront days as reflected in the 

submission from the U.S. Government, pursuant to paragraph 13, does not change. Financial 

responsibility for any payments in respect of all days remains with the U.S. vessel OW11er that 

originally purchased them as reflected in the submission from the U.S. Government pursuant 

to paragraph 13. 

15. The payment agreed for upfront days due from each U.S. vessel o\vner shall be paid to the 

Administrator as follows: 

(a) at least 50% by 15 December of the year preceding the relevant Licensing Period; and 

(b) the balance, plus interest at the mutually agreed rate, by 31 May of the relevant Licensing 

Period. 
LXXII


Insert offset folio 72 here TD3.066

16. Until full payment is made by a U.S. vessel owner for the days assigned to a specific vessel in 

the list submitted under paragraph l3(a), that U.S. vessel owner is restricted to using only 

50% of their assigned days. 

17. The Administrator shall not issue a licence for a U.S. vessel wl1ere the relevant vessel owner 

has not made the payment pursuant to paragraph 15(a). 

18. The Administrator shall suspend the licence for a U.S. vessel where the relevant vessel owner 

fails to pay the remaining balance pursuant to paragraph 15(b). 

19. Upon non-issuance or suspension of the licence, the Pacific Island parties shall detennine 

how to manage any unused days that had been assigned to the relevant vessel owner, 

including whether to make those days available for sale to others. 

20. The failure of any U.S. vessel owner to pay for fishing access under this Agreement shall not 

affect the access terms, rights or liabilities of other licensed vessel owners that are in good 

standing under this Agreement. 

2 L The agreed level of upfront days and fees for each one-year Licensing Period shall run from 

January 1 of one year through December 31 of that year. 

ADDITIONAL DAYS 

22. Subject to paragraph 6, any eligible U.S. vessel owner, whether or not they have purchased 

days from those made available under paragraph 7, may purchase additional days offered by a 

Pacific island party or group of Pacific island parties. 

23. Agreements between the Pacific Island party or Pacific Island parties and the owners of 

eligible U.S. vessels for additional fishing access provided pursuant to paragraph 22 shall be 

in accordance with the template provided in Schedule 2; be governed by the terms of the 

Treaty; and must not contravene or otherwise undermine the tenns of the Treaty. The U.S. 

Government shall ensure that U.S. vessel owners notifY such agreements to the U.S. 

Government prior to implementation. The U.S. Government shall notifY the relevant U.S. 

vessel OV.'Jlers, within 5 days of receipt, of any objections to implementation of any such 

agreement under the terms of the Treaty, and any necessary corrective action before the 

agreement is implemented. 

24. Where the U.S. vessel does not already have a licence, the Pacific 1sland party or Pacific 

Island parties providing additional fishing access pursuant to paragraph 23 shall notifY the 

Administrator and U.S. Government promptly upon payment for those additional days. 

25. Paragraph 23 does not preclude U.S. vessel owners and a Pacific Island party or parties from 

entering into separate commercial arrangements, not governed by the Treaty, related to issues 

not covered by paragraph 23. 

26. The Administrator shall not issue a licence, or where appropriate shall suspend the licence, 

for a vessel for which additional days have been assigned and appropriately notified, if the 

relevant Pacific Island party or Pacific Island parties provide notification that the vessel 

owner has failed to make a payment that is due. 
LXXIII


Insert offset folio 73 here TD3.067

OTHER MATTERS 

27. Without prejudice to Pacific Island parties' positions on any capacity management measure 

or other measures taken by Pacific Island parties to manage overall fishing capacity in their 

waters, Pacific Island parties acknowledge that the number of licence applications forwarded 

by the United States to the Administrator annually shall allow for no more than 40 vessels 

operating under the Treaty at any given time. This provision is included only for the purpose 

of providing the United States with regulatory authority to manage its fleet and shall not be 

used for other purposes such as to establish limits in respect of the Western and Central 

Pacific Fisheries Commission. 

28. Regional te1ms and conditions as agreed by the Pacific Island parties shall apply to the 

operation of fishing vessels of the United States within waters under the jurisdiction of the 

Pacific Island parties, in accordance with the Treaty. 

AMENDMENT 

29. This Annex may be amended in writing by the parties, either intersessionally or at a meeting 

of the parties. The depositary shall promptly notify the Administrator and all the parties of the 

amendments to the ~"'-nnex and their effective date. 

Schedule 1 -Application of PNA Purse Seine Vessel Day Scheme (VDS) 

J. U.S. vessels licensed under the Treaty are to operate in accordance with the Vessel Day 

Scheme (VDS) as adopted and applied by the Parties to the Palau Arrangement when operating in 

the EEZs of Federated States of Micronesia, Kiribati, Marshall Islands, Nauru, Palau, Papua New 

Guinea, Solomon lslands, Tokelau or Tuvalu, including the payments outlined by the PNA 

Office. 

2. Fishing days in the waters of other Pacific Island parties are to be monitored in accordance 

with the PNA rules (under the Palau Arrangement) ofthe VDS, unless as otherwise agreed. 

3. Pursuant to paragraph 2 of this Schedule, the VDS length adjustment factors shall not apply to 

vessels fishing v.~thin the EEZ of Cook Islands. 

4. The United States Government and the Parties to the Palau Arrangement shall cooperate to 

ensure the effective implementation of the VDS for fishing under the Treaty, including through 

improved communication, consultation and training activities. 

5. Changes or amendments to the VDS adopted by the Parties to the Palau Arrangement are to be 

notified to the Government of the United State; not less than 180 days in advance of the date on 

which they become applicable for the U.S. fleet. 

6. The Parties shaH make every effort to process non-fishing day claims in a timely manner, and 

for that purpose may consult bilaterally, with the PNA Office, or with the Administrator. 

7. U.S. vessel owners shall, where required, make use of industry Fisheries Infonnation 

Management System (iFI.MS) to lodge non-fishing day claims, and the l'NA Office may, where 

requested by a Pacific Island party, process non-fishing day claims by U.S. vessels. 
LXXIV


Insert offset folio 74 here TD3.068

8. The Parties shall undertake their best efforts to improve the management of non-fishing day 

applications and to resolve any related disputes. 

9.The United States Government shall be granted access to information on U.S. vessels operating 

in PNA waters through the PNA Fisheries Information Management System (FIMS) to monitor 

days expended by U ,S. vessels under the VDS." 

Schedule 2-Template for Notification of Agreement for Additional Days on a Bilateral, 

Subregional or Multilateral Basis 

(Pacific Island party or parties) and (vessel owner or own~ have agreed to authorize the use of 

(#of fishing days) by (name ofvessel(s)) in waters under their jurisdiction from (date) to (date). 

The vessel(s)' operations shall be governed by the terms of the Treaty when operating according 

to this agreement. In the event of any conflict between the tem1s of this agreement and the Treaty, 

the terms of the Treaty shall prevail. 

Signature Signature 

Pacific Island pnrty V esse! owner( s)" 
(1) 


Insert offset folio 75 here TD3.069

AMENDED TREATY 

FINAL DRAFT_3 December 2016 

TREATY ON FISHERIES 

TREATY ON FISHERIES 

BETWEEN THE GOVERNMENTS OF CERTAIN 

PACIFIC ISLAND STATES AND THE GOVERNMENT 

OF THE UNITED STATES OF AMERICA 

Page 1 of23 
2 


Insert offset folio 76 here TD3.070

Table of Contents 

AMENDED TREATY 

FINAL DRAFT_3 December 2016 

TREATY ON FISHERIES BETWEEN THE GOVERNMENTS OF CERTAIN PACIFIC 

ISLAND STATES AND THE GOVERNMENT OF THE UNITED STATES OF 

AMERICA ......................................................................... Error! Bookmark not defined. 

ARTICLE 1 ................................................................................................................... 3 

DEFINITIONS AND INTERPRETATION ................................................................ 3 

ARTICLE 2 ................................................................................................................... 5 

OBJECTIVE ............................................................................................................. 5 

ARTICLE 3 ................................................................................................................... 5 

BROADER COOPERATION .................................................................................... 5 

ARTICLE 4 ................................................................................................................... 5 

ACCESS UNDER THE TREATY ............................................................................. 5 

ARTICLE 5 ................................................................................................................... 7 

FLAG STATE RESPONSIBILITY ............................................................................ 7 

ARTICLE 6 ................................................................................................................. 10 

COMPLIANCE POWERS ....................................................................................... IO 

ARTICLE 7 ................................................................................................................. 11 

CONSULTATIONS AND DISPUTE SETTLEMENT ............................................. II 

ARTICLE 8 ................................................................................................................. II 

REVIEW OF THE TREATY ................................................................................... II 

ARTICLE 9 ................................................................................................................. 12 

AMENDMENT OF THE TREATY ......................................................................... 12 

ARTICLE 10 ............................................................................................................... 12 

AMENDMENT OF ANNEXES ............................................................................... 12 

ARTICLE 11 ............................................................................................................... 13 

NOTIFICATION ..................................................................................................... 13 

ARTICLE 12 ............................................................................................................... 13 

DEPOSITARY ......................................................................................................... 13 

ARTICLE 13 ............................................................................................................... 13 

FINAl" CLAUSES ................................................................................................... 13 

ANNEX I ......................................................................................................................... IS 

ANNEX II ....................................................................................................................... 17 

Schedule I Application of PNA Purse Seine Vessel Day Scheme (VDS) ............... 22 

Schedule 2- Template for Notification of Agreement for Additional Days on a 

Bilateral. Subregional or Multilateral Basis ........................................ 23 

Page 2 of23 
3 


Insert offset folio 77 here TD3.071

AMENDED TREATY 

FINAL DRAFT_3 December 2016 

TREATY ON FISHERIES BETWEEN 

THE GOVERNMENTS OF CERTAIN PACIFIC ISLAND 

STATES AND THE GOVERNMENT OF THE 

UNITED STATES OF AMERICA 

The Governments of the Pacific Island States party to this Treaty and the Government 

of the United States of America. 

ACKNOWLEDGING that in accordance with international law. coastal States have 

sovereign rights for the purposes of exploring and exploiting. conserving and 

managing the fisheries resources of their exclusive economic zones or fisheries zones; 

RECOGNIZING the strong dependence of the Pacific Island parties on fisheries 

resources and the importance of the continued abundance of those resources; 

BEARING IN MIND that some species of fish are found within and beyond the 

jurisdiction of any ofthe parties and range throughout a broad region; 

DESIRING to maximize benefits flowing from the development of the fisheries 

resources within the exclusive economic zones or fisheries zones of the Pacitlc Island 

parties; and 

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. 

HAVE AGREED AS FOLLOWS: 

ARTICLE 1 

DEFINITIONS AND INTERPRETATION 

l. I In this Treaty: 

(a) "Administrator" means that person or organization designated by the 

Pacific Island parties to act as such on their behalf pursuant to this Treaty 

and notified to the Government of the United States; 

(b) "Closed Area" means any area within the jurisdiction of a Pacific Island 

party that is closed to vessels pursuant to that party's national laws, and is 

listed as a Closed Area in the FF A central holdings on the FF A website; 

(c) "Convention'' means the Convention for the Conservation and Management 

of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean; 

(d) "FFA'' means the Pacific Islands Forum Fisheries Agency established by the 

South Pacific Forum Fisheries Agency Convention 1979; 

(e) "final judgment" means a judgment from which no appeal proceedings 

have been initiated within sixty days; 

Page 3 of23 
4 


Insert offset folio 78 here TD3.072

AMENDED TREATY 

FINAL DRAFT_3 December 2016 

(f) "fishing" means: 

(i) searching for, catching. taking or harvesting fish; 

(ii) attempting to search for, catch, take or harvest fish; 

(iii) engaging in any other activity which can reasonably be expected to 

result in the locating, catching. taking or harvesting of fish for any 

purpose; 

(iv) placing, searching for or recovering fish aggregating devices or 

associated electronic equipment such as radio beacons; 

(v) any operations at sea directly in support of. or in preparation for any 

activity described in this paragraph; or 

(vi) use of any other vessel, vehicle, aircraft or hovercraft, for any 

activity described in subparagraphs (i) to (v) except for emergencies 

involving the health or safety of the erew or the safety of a vessel; 

(g) "fishing vessel of the United States" or "vessel" means any boat, ship or 

other craft which is used for, equipped to be used for, or of a type 

normally used for commercial purse seine fishing for tuna, which is 

documented under the laws of the United States; 

(h) "Licensing Area" means all waters under the jurisdiction of the Pacific 

Island parties except for intemal waters. territorial seas. archipelagic 

waters and any Closed Area. 

(i) ''operator" means any person who is in charge of, directs or controls a 

vessel, including the owner, charterer and master; 

G) "Pacific Island party'' means a Pacific Island State party to this Treaty and 

"Pacific Island parties" means all such States from time to time; 

(k) "Pacific Island State'' means a party to the South Pacific Forum Fisheries 

Agency Convention. 1979; 

(I) "party" means a State party to this Treaty. and "parties" means all such 

States. from time to time; 

(m) "this Treaty'' means this Treaty, its Annexes and their Schedules. 

1.2 Nothing in this Treaty shall be deemed to affect the applicability of any provision 

of a Pacific Island party's law which is not identified or otherwise described in this Treaty. 

I .3 Nothing in this Treaty, nor acts or activities taking place thereunder, shall 

constitute recognition of the claims or the positions of any of the parties concerning the 

legal status and extent of waters and zones claimed by any party. In the claimed waters and 

zones. the freedoms of navigation and overflight and other uses of the sea related to such 

freedoms are to be exercised in accordance with international law. 

Page 4 of23 
5 


Insert offset folio 79 here TD3.073

ARTICLE 2 

OBJECTIVE 

AMENDED TREATY 

FINAl DRAFT_3 December 2016 

2. The objective of the Treaty is to provide for fishing access by vessels of the 

United States to the waters under the jurisdiction of the Pacific Island parties and to 

provide a platform for fisheries cooperation between the parties. 

ARTICLE3 

BROADER COOPERATION 

3.1 The Government of the United States shall cooperate with the Pacific Island 

parties to assist the Pacific Island parties to achieve the objective of maximizing benefits to 

the Pacific Island parties from the development of their fisheries resources and the 

operation of fishing vessels of the United States that are licensed pursuant to the Treaty. 

3.2 The Government of the United States shall promote the maximization of the 

benefits generated ft)r the Pacific Island parties from the operations of fishing vessels of the 

United States that are licensed pursuant to this Treaty. including, as appropriate, through: 

(a) the use of canning, Joining. slipping and repair facilities located in the 

Pacific Island parties; 

(b) the purchase of equipment and supplies, including fuel supplies. from 

suppliers located in the Pacific Island parties; 

(c) the employment of nationals of the Pacific Island parties on board vessels 

operating under the Treaty; and 

(d) landing and transhipment of catch by vessels operating under the Treaty in 

the jurisdiction of Pacific Island parties. 

3.3 The Government of the United States shall provide technical assistance, training 

and capacity building opportunities, as appropriate, with the objective of assisting the 

Pacific Island parties to assess and manage their fisheries resources. 

3.4 The Government of the United States shall, where appropriate, facilitate the 

implementation of private sector activities or partnerships, which are designed to support 

commercially viable investment opportunities for the development of fisheries related 

businesses in the Pacific Island parties. 

3.5 The Government of the United States and the Pacific Island parties recognise the 

importance of increasing the mutual benefits from deeper economic relations. 

ARTICLE4 

ACCESS UNDER THE TREATY 

4.1 Fishing vessels of the United States shall be permitted to engage in fishing in the 

Licensing Area in accordance with the terms of this Treaty. 

Page 5 of23 
6 


Insert offset folio 80 here TD3.074

AMENDED TREATY 

FINAL DRAFT_3 December 2016 

4.2 No fishing vessel of the United States shall be used for fishing in any Closed Area; 

or in the Licensing Area except in accordance with a licence issued by the Administrator. 

4.3 Vessels licensed under this Treaty shall comply with the applicable national laws 

of each Pacific Island party. as conditions of fishing access to the waters under the 

jurisdiction of that party. Applicable national laws of the parties, as well as any 

amendments thereto, shall be notified pursuant to subparagraph 4.4 of this Article and shall 

take effect for vessels licensed under the Treaty not less than 60 days after the United 

States receives notification from the Administrator or as specified in that law, whichever is 

later. 

4.4 Upon enactment or promulgation of a new or amended law, the Pacific Island 

party shall promptly notify and send a copy of such law to the Administrator. Upon receipt 

of a copy of a new or amended law, the Administrator shall promptly notifY and circulate 

the new or amended law to all parties. 

4.5 The Administrator shall include all new or amended laws notified pursuant to 

subparagraph 4.4 of this Article in the FF A centra! holdings on the FF A website. The 

Administrator shall maintain the FFA central holding of all laws and Closed Areas in 

effect, and all new or amended laws, on the FF A website, which shall be available to all 

parties. 

4.6 Notwithstanding Article 7, any disputes arising from the application of a Pacific 

Island party's national laws under this Treaty shall be addressed through consultations with 

the party or parties concerned. Such consultations do not prevent the Pacific Island party 

from enforcing an applicable law within its jurisdiction. 

4.7 Regional terms and conditions as agreed by the Pacific Island parties shall apply 

to the operation of fishing vessels of the United States within waters under the jurisdiction 

of the Pacific Island parties. Such regional tenns and conditions shall be attached as 

conditions of the licence by the Administrator. Unless notified by the Administrator in 

accordance with Article 4.1 0, these regional terms and conditions shall continue to apply 

without modification or amendment for subsequent licensing periods. 

4.8 Notwithstanding Article 4.7, for the purposes of ensuring effective management of 

the operation of fishing vessels of the United States within waters under the jurisdiction of 

Pacific Island parties, the regional terms and conditions that shall apply at all times to the 

operation of vessels licensed under the Treaty are. unless the parties agree otherwise: 

(a) Automatic Location Communicator on at all times; 

(b) Reporting, including reporting on entry and exit into waters under the 

jurisdiction of the Pacific Island parties, unloading, transhipment and port 

entry and departure; 

(c) Maintenance and submission of catch and effort logsheets for the whole 

trip; 

(d) Provision of unloading and out-tum information; and 

Page 6 of23 
7 


Insert offset folio 81 here TD3.075

(e) Requirements relating to observers. 

AMENDED TREATY 

FINAL DRAFT_3 December 2016 

4.9 Articles 4.7 and 4.8 do not prejudice the applicability of national laws by Pacific 

Island parties pursuant to Article 4.3. 

4.10 Any new or amended regional tenn and condition shall be notified to the United 

States not less than 180 days in advance of the start of the licensing period in which it is to 

apply. Upon receipt of the terms and conditions and prior to the start of the licensing 

period. the United States and the Administrator shall, at the request of either the United 

States or the Administrator, consult regarding how any tenn or condition is to be 

implemented with respect to vessels licensed under the Treaty. The regional tenns and 

conditions attached to the licence shall remain in effect for the duration of the licensing 

period without modification or amendment. 

4.11 Notwithstanding subparagraph 4.2 of this Article, fishing opportunities for vessels 

licensed under this Treaty where the relevant tenns of Annex II are no longer in force, or in 

areas other than the Licensing Area. shall be determined by agreement between the owners 

of the vessels in question and the relevant Pacific Island party or parties in accordance with 

the licensing and notification procedures as set out in the Annexes. and such additional 

tenns as may be agreed. 

4.12 Nothing in this Treaty shall prejudice the rights. jurisdiction and duties of parties 

under international law. 

ARTICLE 5 

FLAG STATE RESPONSIBILITY 

5.1 The Government of the United States shall enforce the provisions of this Treaty 

and licences issued thereunder. The Government of the United States shall take the 

necessary steps to ensure that nationals and fishing vessels of the United States refrain from 

fishing in any Closed Area. and in the Licensing Area, except in accordance with Article 4. 

5.2 The Government of the United States shall, at the request of the Government of a 

Pacific Island party, take all reasonable measures to assist that party in the investigation of 

an alleged breach of this Treaty by a fishing vessel of the United States and promptly 

communicate all the requested information to that party. 

5.3 The Government of the United States shall ensure that: 

(a) each fishing vessel of the United States licensed pursuant to this Treaty is 

fully insured against all risks and liabilities 

(b) all measures are taken to facilitate: 

(i) any claim arising out of the activities of a fishing vessel of the 

United States, including a claim for the total market value of any 

fish taken from the Licensing Area without authorization pursuant 

to this Treaty, and the prompt settlement of that claim; 

Page 7 of23 
8 


Insert offset folio 82 here TD3.076

AMENDED TREATY 

FINAL DRAFT_3 December 2016 

(ii) the service of legal process by or on behalf of a national or the 

Government of a Pacific Island party in any action arising out of the 

activities of a fishing vessel of the United States; 

(iii) the prompt and full adjudication in the United States of any claim 

made pursuant to this Treaty; 

(iv) the prompt and full satisfaction of any final judgment or other final 

determination made pursuant to this Treaty; and 

(v) the provision of a reasonable level of linancia! assurances, if, after 

consultation with the Government of the United States, all Pacific 

Island parties agree that the collection of any civil or criminal 

judgment or judgments or detennination or determinations made 

pursuant to this Treaty has become a serious enforcement problem; 

(c) an amount equivalent to the total value of any forfeiture, fine, penalty or 

other amount collected by the Government of the United States incurred as 

a result of any actions, judicial or otherwise, taken pursuant to this Article 

is paid to the Administrator as soon as possible following the date that the 

amount is collected. 

5.4 The Government of the United States shall, at the request of the Government of a 

Pacific Island party, fully investigate any alleged infringement of this Treaty involving a 

vessel of the United States, and report as soon as practicable and in any case within two 

months to that Government on that investigation and on any action taken or proposed to be 

taken by the Government of the United States in relation to the alleged infringement. 

5.5 In the event that a report provided pursuant to paragraph 4 of this Article shows 

that a fishing vessel of the United States: 

(a) while fishing in the Licensing Area did not have a licence to fish in the 

Licensing Area; or 

(b) was involved in any incident in which an authorized officer or observer 

was allegedly assaulted with resultant bodily harm, physically threatened, 

forcefully resisted, refused boarding or subjected to physical intimidation 

or physical interference in the perfom1ance of his or her duties as 

authorized pursuant to this Treaty; or 

that there was probable cause to believe that a fishing vessel of the United States: 

(c) was used for fishing in waters closed to fishing, except as authorized in 

accordance with paragraph 11 of Article 4; 

(d) was used for fishing by any method other than the purse seine method 

within the Licensing Area; 

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AMENDED TREATY 

FINAL DRAFT_3 December 2016 

(e) was used for fishing by any method other than the purse seine method 

within the Licensing Area; 

(f) used an aircraft for fishing which was not identified on a fom1 provided 

pursuant to paragraph 2 of Annex I in relation to that vessel; or 

(g) was involved in an incident in which evidence which otherwise could have 

been used in proceedings concerning the vessel has been intentionally 

destroyed; 

and that such vessel has not submitted to the jurisdiction of the Pacific Island party 

concerned, the Government of the United States shall, at the request of that party. take all 

necessary measures to ensure that the vessel concerned leaves the Licensing Area and any 

Closed Area immediately and does not return except for the purpose of submitting to the 

jurisdiction of the party, or after action has been taken by the Government of the United 

States to the satisfaction of that party. 

5.6 In the event that a report provided pursuant to paragraph 4 of this Article shows 

that a fishing vessel of the United States has been involved in a probable infringement of 

this Treaty, including an infringement of an applicable national law, other than an 

infringement of the kind described in paragraph 5 of this Article, and that the vessel has 

not submitted to the jurisdiction of the Pacific Island party concerned. the Government of 

the United States shall, at the request of that party, take all necessary measures to ensure 

that the vessel concerned: 

(a) submits to the jurisdiction of that party; or 

(b) is penalized by the Government of the United States at such level as may 

be provided for like violations in United States law relating to foreign 

fishing vessels licensed to fish in the exclusive economic zone of the 

United States 

5.7 Financial assurances provided pursuant to this Treaty may be drawn against by 

any Pacific Island party to satisfy any civil or criminal judgment or other determination in 

favour of a national or the Government of a Pacific Island party. 

5.8 Prior to instituting any legal proceedings pursuant to this Article concerning an 

alleged infringement of this Treaty in waters within the jurisdiction, for any purpose, as 

recognized by international law, of a Pacific Island party, the Government of the United 

States shall notify the Government of that Pacific Island party that such proceedings shall 

be instituted. Such notice shall include a statement of the facts believed to show an 

infringement of this Treaty and the nature of the proposed proceedings, including the 

proposed charges and the proposed penalties to be sought. The Government of the United 

States shall not institute such proceedings if the Government of that Pacific Island party 

objects within 30 days of the effective date of such notice. 

5.9 The Government of the United States shall ensure that an agent is appointed and 

maintained in accordance with the requirements of subparagraphs (a) and (b) of this 

paragraph, with authority to receive and respond to any legal process issued by a Pacific 

Island party in respect of an operator of any fishing vessel of the United States and shall 

notify the Administrator of the name and address of such agent, who: 

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AMENDED TREATY 

FINAL DRAFT_3 December 2016 

(a) shall be located in Port Moresby for the purpose of receiving and 

responding to any legal process issued in accordance with this Article; and 

(b) shall, within 21 days of notification that legal process has been issued in 

accordance with this Article, travel to any Pacific Island party, at no 

expense to that party, for the purpose of receiving and responding to that 

process. 

ARTICLE6 

COMPLIANCE POWERS 

6.1 It is recognized that the respective Pacific Island parties may enforce the 

provisions of this Treaty and licences issued thereunder, including arrangements made 

pursuant to Article 4.11 and licences issued thereunder, in waters under their respective 

jurisdiction. 

6.2 The Government of a Pacific Island party shall promptly notify the Government of 

the United States of any arrest of a fishing vessel of the United States or any of its crew, or 

any detention of a fishing vessel of the United States for more than 48 hours, and of any 

charges filed or proceedings instituted following the arrest or detention, in accordance with 

this Article. 

6.3 Fishing vessels of the United States and their crews arrested for breach of this 

Treaty shall be promptly released upon the posting of a reasonable bond or other security. 

Penalties applied in accordance with this Treaty for fishing violations shall not include 

imprisonment or corporal punishment. 

6.4 The Government of the United States shall not apply sanctions of any kind 

including deductions, however effected, from any amounts which might otherwise have 

been paid to any Pacific Island party, and restrictions on trade with any Pacific Island 

party, as a result of any enforcement measure taken by a Pacific Island party in accordance 

with this Article. 

6.5 Where legal proceedings have been instituted by the Government of the United 

States pursuant to Article 5, no Pacific Island party shall proceed with any legal action in 

respect of the same alleged infringement as long as such proceedings are maintained. 

Where penalties are levied or proceedings are otherwise concluded by the Government of 

the United States pursuant to Article 5, the Pacific Island party which has received notice 

of such final determination shall withdraw any legal charges or proceedings in respect of 

the same alleged infringement. 

6.6 During any period in which a party is investigating any infringement of this Treaty 

involving a fishing vessel of the United States, being an infringement which is alleged to 

have taken place in waters within the jurisdiction, for any purpose, as recognized by 

international law, of a Pacific Island party, and if that Pacific Island party so notifies the 

other parties, any licence issued in respect of that vessel shall, for the purposes of Article 4, 

be deemed not to authorise fishing in the waters of that Pacific Island party. 

6.7 If full payment of any amount due as a result of a final judgment or other final 

determination deriving from an occurrence in waters within the jurisdiction, for any 

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AMENDED TREATY 

FINAL DRAFT_3 December 2016 

purpose, of a Pacific Island party, is not made to that party within sixty (60) days, the 

licence for the vessel involved shall be suspended at the request of that party and that 

vessel shall not be authorized to fish in the Licensing Area until that amount is paid to that 

party. 

ARTICLE 7 

CONSULTATIONS AND DISPUTE SETTLEMENT 

7.1 At the request of any party. consultations shall be held with any other party within 

sixty (60) days of the date of receipt of the request. All other parties shall be notified of the 

request for consultations and any party shall be permitted to participate in such 

consultations. 

7.2 Any dispute between the Government of the United States and the Government of 

one or more Pacific Island parties in relation to or arising out of this Treaty may be 

submitted by any such party to an arbitral tribunal for settlement by arbitration no earlier 

than one hundred and twenty (120) days following a request for consultations under Article 

7. I. Unless the parties to the dispute agree otherwise, the Arbitration Rules of the United 

Nations Commission on International Trade Law as at present in force shall be used. 

7.3 The Government or Governments of the Pacific Island party or parties to the 

dispute shall appoint one arbitrator and the Government of the United States shall appoint 

one arbitrator. The third arbitrator, who shall act as presiding arbitrator of the tribunal, 

shall be appointed by agreement of the parties to the dispute. In the event of a failure to 

appoint any arbitrator within the time period provided in the Rules, the arbitrator shall be 

appointed by the Secretary General of the Permanent Court of Arbitration at The Hague. 

7.4 If both parties to the dispute agree, the place of arbitration shall be Port Moresby. 

The tribunal may hold meetings at such other place or places within the territory of a 

Pacific Island party or elsewhere within the Pacific Islands region as it may determine. An 

award or other decision shall be final and binding on the parties to the arbitration, and. 

unless the parties agree otherwise, shall be made public. The parties shall promptly carry 

out any award or other decision of the tribunal. 

7.5 The fees and expenses of the tribunal shall be paid half by the Government or 

Governments of the Pacific Island party or parties to the arbitration and half by the 

Government of the United States, unless the parties to the arbitration agree otherwise. 

ARTICLE 8 

REVIEW OF THE TREATY 

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AMENDED TREATY 

FINAL DRAFT_3 December 2016 

8.1 The parties shall meet once each year, unless otherwise agreed, for the purpose of 

reviewing the operation of this Treaty. 

8.2 The parties shall, where appropriate. consider the extent to which adjustments to 

the provisions of the Treaty or measures adopted thereunder may be necessary to promote 

consistency with any measures adopted under the Convention. 

8.3 The parties may cooperate to address matters of common concern under the 

Convention. 

ARTICLE 9 

AMENDMENT OF THE TREATY 

9. The following procedures shall apply to the adoption and entry into force of any 

amendment to this Treaty. 

(a) Any party may propose amendments to this Treaty. 

(b) A proposed amendment shall be notified to the depositary not less than 

forty-five (45) days before the meetings at which the proposed amendment 

will be considered. 

(c) The depositary shall promptly notifY all parties of such proposal. 

(d) The parties shall consider proposed amendments to this Treaty at the 

annual meeting described in Article 8, or at any other time that may be 

agreed by all parties. 

(e) 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. 

(I) The depositary shall promptly notify all parties of the entry into force of 

the amendment. 

ARTICLE 10 

AMENDMENT OF ANNEXES 

10. 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 

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AMENDED TREATY 

FINAL DRAFT_3 December 2016 

acceptance to the depositary in accordance with Article l 0( 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. 

ARTICLE 11 

NOTIFICATION 

11.1 Each party shall notify the Administrator of their current addresses for the receipt 

of notices given pursuant to this Treaty, and the Administrator shall notify the depositary 

and each of the parties of such addresses or any changes thereof. The Administrator shall 

maintain a list of the relevant contacts for all parties. Unless otherwise specified in this 

Treaty, any notice given in accordance with this Treaty shall be in writing and may be 

served by hand or sent through other means of communication to the address of the 

Administrator or the party as currently listed with the depositary. 

11.2 Delivery by hand shall be effective when made. Delivery by other means of 

communication shall be deemed to be effective when the mode of communication confirms 

receipt. 

ARTICLE 12 

DEPOSITARY 

12. The depositary for the Treaty shall be the Government of Papua New Guinea. 

ARTICLE 13 

FINAL CLAUSES 

13.1 This Treaty shall be open for signature by the Governments of all the Pacific 

Island States and the Government of the United States of America. 

13.2 This Treaty is subject to ratification by the States referred to in paragraph 1 of this 

Article. The instruments of ratification shall be deposited with the depositary. 

13.3 This Treaty shall remain open for accession by States referred to in paragraph I of 

this Article. The instruments of accession shall be deposited with the depositary. 

13.4 This Treaty shall enter into force upon receipt by the depositary of instruments of 

ratification by the Government of the United States and by the Governments often Pacific 

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AMENDED TREATY 

FINAl DRAFT_3 December 2016 

Island States which shall include the Federated States of Micronesia, the Republic of 

Kiribati and Papua New Guinea. 

13.5 This Treaty shall enter into force for any State ratifying or acceding after the entry 

into force of this Treaty on the thirtieth day after the date on which its instrument of 

ratification or accession is received by the depositary. 

13.6 This Treaty shall cease to have etTcct tor a party at the expiry of the sixth month 

following the receipt by the depositary of an instrument signifying withdrawal or 

denunciation by that party. 

13.7 Any licence in force pursuant to this Treaty shall not cease to have effect as a 

result of this Treaty ceasing to have effect either generally or for any party, and Article 1, 

4, 5 and 6 shall be regarded as continuing in force between the United States and the 

Pacific Island State party in respect of such licence until such licence expires in accordance 

with its terms. 

13.8 No reservations may be made to this Treaty. 

13.9 Paragraph 8 of this Article does not preclude a State, when signing, ratifying or 

acceding to this Treaty, from making declarations or statements. provided that such 

declarations or statements do not purport to exclude or modify the legal effect of the 

provisions of this Treaty in their application to that State. 

DONE at Port Moresby on the second day of April 1987. 

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ANNEX I 

I. For the purposes of this Annex: 

AMENDED TREATY 

FINAL DRAFT_3 December 2016 

"Licensing Period" means the period of validity of licences issued in accordance with this 

Treaty. 

2. The Government of the United States shall make application for a licence in respect 

of any fishing vessel of the United States to be used for purse seine fishing in the Licensing 

Area at any time in the Licensing Period in the manner set out in Annex ll. The 

Government of the United States shall provide the Administrator a complete application in 

the form advised by the Administrator. 

3. (a) The Administrator may suspend the good standing of a vessel on the FFA 

Vessel Register maintained by the Pacific Islands Forum Fisheries Agency consistent 

with its rules and procedures. 

(b) Where a vessel may have its good standing on the FFA Vessel Register 

suspended or withdrawn, the Administrator shall provide to the Government of the 

United States a duplicate of any notice it provides to a vessel operator under the FFA 

Vessel Register procedures. The vessel subject to suspension shall have 14 days to 

fix 

the problem, if possible, before the suspension of good standing takes effect pursuant 

to the notice contained herein. 

4. Subject to paragraph 5, a licence may be denied: 

(a) where the application is not in accordance with the requirements of paragraph 

2: 

(b) where the owner or charterer is the subject of proceedings under the bankruptcy 

laws of the United States, unless reasonable financial assurances have been 

provided to the Administrator; 

(c) where the vessel in respect of which application for a licence has been made 

does not have good standing on the FFA Vessel Register maintained by the 

Pacific Islands Forum Fisheries Agency, provided that: 

(i) good standing is withdrawn or suspended in accordance with the rules 

and procedures of the FFA Vessel Register; 

(ii) the Pacific Island party requesting withdrawal of good standing has first 

consulted the Government of the United States and has made all 

reasonahle efforts to resolve the dispute in question before utilising the 

procedures for withdrawal of good standing: 

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AMENDED TREATY 

FINAL DRAFT _3 December 2016 

(iii) in the event of a request for withdrawal of good standing of a vessel 

licensed pursuant to this Treaty, the Pacific Island parties agree to take 

into consideration that vessel's com pi iance with the terms of this Treaty 

in determining whether to approve such a request; and 

(iv) following a suspension or withdrawal of good standing, the 

Administrator promptly advises the Government of the United States in 

writing of the reason for the suspension or withdrawal and the 

requirements which must be fulfilled to reinstate good standing. 

5. Without prejudice to their rights under paragraph 4 of Article 5 of the Treaty. the 

Pacific Island parties shall consider notifying the Government of the United States of any 

alleged infringements of the Treaty by vessels of the United States 30 days prior to 

requesting an investigation under paragraph 4 of Article 5 of the Treaty. The Government 

of the United States shall inquire into the allegation. As appropriate, the Government of 

the United States, the operator concerned, the Administrator and the Pacific Island party 

concerned may engage in consultations with a view to settling the matter. 

6. On receipt of an application for a licence in accordance with this Annex. the 

Administrator shall take the necessary steps to ensure that: 

(a) a licence in the form determined by the Administrator in respect of the vessel 

identified in the application; or 

(b) a statement setting out the reasons that a licence in respect of the vessel 

identified in the application is denied together with a refund of the amount or 

amounts provided with the application; is promptly provided to the 

Government of the United States. 

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ANNEX II 

ACCESS AND FEES 

AMENDED TREATY 

FINAL DRAFT_3 December 2016 

1. The parties to the Treaty on Fisheries between the Governments of Certain Pacific 

Island States and the Government of the United States ("the Treaty") hereby establish the 

terms for the level of access to be afforded U.S. vessels under the Treaty and the associated 

level of fees to be paid by U.S. vessel owners. 

2. This Annex shall cover six Licensing Periods. beginning with the Licensing Period 

that begins on I January 2017. 

3. Notwithstanding paragraph 2, the licensing and notification procedures in this Annex, 

including on Additional Days. shall continue to apply beyond six Licensing Periods. 

4. The following amounts are payable annually -

(a) industry payments as provided for in this Annex; 

(b) costs to be paid by the industry for the observer programme as agreed; and 

(c) sums pursuant to the related agreement between the FFA and the Government 

of the United States. 

ELIGIBLE U.S. VESSELS 

5. The U.S. Government shall determine the U.S. vessels that are eligible for licence 

applications. and shall submit applications to the Administrator for such vessels. 

6. The Administrator shall not issue a licence to a U.S. vessel for which the U.S. 

Government has not submitted an application, and for which payment has not been 

received pursuant to the terms of this Annex. 

UP FRONT DAYS 

7. For each of the Licensing Periods, the following number of days shall be offered to 

U.S. vessel owners: 

(a) In the Exclusive Economic Zones (EEZs) of the Parties to the Nauru 

Agreement (PNA) and the EEZs of other Pacific Island parties or their 

territories where the Purse Seine Vessel Day Scheme (VDS) is being applied1

, 

with the exception of the Republic of Kiribati: 

2017 3,200 days 

2018 - 3,200 days 

2019 2,720 days 

1 As of June 2016, the VDS participants are the PNA members (Federated States of Micronesia. Kiribati. 

Marshall Islands, Nauru, Palau. Papua New Guinea. Solomon Islands. and Tuvalu) and Tokelau. Other 

Pacific Island parties that become a Party to the Palau Arrangement in any future licensing period may also 

participate in this pool of fishing days. 

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2020 2, 720 days 

2021 - 2,240 days 

2022 - 2,240 days2 

AMENDED TREATY 

FINAl DRAFT_3 December 2016 

(b) 300 days in the EEZ of the Republic of Kiribati for the Licensing Periods 2017 

to 2020; 

(c) 350 days in the EEZ of the Cook Islands for the Licensing Periods 2017 to 

2022; 

(d) 600 days in the EEZs of Fiji, Niue, Samoa. Tonga and Vanuatu. 

PRJCE AND PAYMENT FOR UP FRONT DAYS 

8. The prices to be paid by the U.S. vessel owners for the upfront days referred to in 

paragraphs 7 (a) and (b) shall be: 

(a) $12.500 per day for years l and 2; 

(b) $13,000 per day for years 3 and 4; and 

(c) Years 5 and 6 -to be negotiated. 

9. The price for the days specified in paragraph 7(c) for Cook Islands shall be $9,533 

per day for the licensing periods 2017-2020 and for licensing periods 2021 and 2022 to be 

negotiated. 

I 0. The annual payment due from the U.S. vessels for fishing days referred to in 

paragraph 7(d) shall be: 

(a) An upfront payment of$250,000; 

(b) An additional payment of $6,000 for any fishing days that include catching, 

taking, or harvesting fish; and 

(c) No payment for fishing days that only consist of searching for fish or deploying 

FADs. 

11. The price for the exploratory days referred to in paragraph 7(d) shall apply tor at least 

the first two licensing periods: 2017 2018. Any of the terms contained in paragraphs 7( d) 

and 10 may be negotiated for licensing periods 2019-2022 at the request of any of the 

parties referred to in paragraph 7( d) or the Government of the United States. Such 

negotiation may include a change in the nature of the days, as well as the associated 

additional payment, including by tonne caught. 

12. If the parties do not change the terms or none of the parties referred to in paragraph 

7(d) or the Government of the United States seek to modify the terms of any of the 

Licensing Periods 2019 to 2022, they shall remain as stated in paragraph I 0. 

2 The days f(Jr 202! and 2022 are indicative only, subject to negotiation. including in respect of price. 

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AMENDED TREATY 

FINAL DRAFT_3 December 2016 

13. Consistent with Annex I. the U.S. Government shall notify the Administrator of U.S. 

vessels for which applications are expected to be submitted for the subsequent licensing 

period, in accordance with the following procedures: 

(a) The U.S. Government shall provide to the Administrator, by l July, an initial 

list of those U.S. vessels for which licence applications arc expected to be 

submitted under the Treaty, the number of days from each pool identified in 

paragraphs 7 (a), (b) and (c) to be assigned to each U.S. vessel owner, and the 

corresponding financial commitment for which each U.S. vessel owner shall be 

responsible, based on the price per fishing day established pursuant to 

paragraphs 8 and 9. The list shall include the following information: name of 

the U.S. vessel owner: name of the U.S. vessels and IRCS; number of days 

assigned and relevant pool; total number of days: total payment required. 

(b) Any U.S. vessel owner may choose not to purchase from the days made 

available under paragraph 7. Such U.S. vessel owner shall still be provided 

with a Treaty licence by the Administrator, provided that it enters into one or 

more bilateral or multilateral agreements with Pacific Island parties for access 

to fish under the Treaty in accordance with paragraphs 23 and 24. 

(c) If the total numher of fishing days purchased by U.S. vessel owners is less than 

those made available under paragraph 7, the Pacific Island parties may make 

unassigned days available to other fishing partners after 1 July. 

(d) The days specified in paragraph 7 shall be reserved each year for the U.S. purse 

seine fleet. 

14. The U.S. Government shall notify the Administrator and the PNA Office 10 working 

days in advance of any change to the information notified pursuant to paragraph 13(a), in 

respect of days covered by paragraphs 7(a) and (b). The U.S. Government shall notify the 

Administrator and the Cook Islands l 0 working days in advance of any change to the 

information notified pursuant to paragraph 13(a), in respect of days covered by paragraph 

7( c). Such changes may include any adjustment to the number of up front days assigned to 

each U.S. vessel owner as long as the total number of upfront days as reflected in the 

submission from the U.S. Government, pursuant to paragraph 13, does not change. 

Financial responsibility for any payments in respect of all days remains with the U.S. 

vessel owner that originally purchased them as reflected in the submission trom the U.S. 

Government pursuant to paragraph 13. 

15. The payment agreed for upfront days due from each U.S. vessel owner shall be paid 

to the Administrator as follows: 

(a) at least 50% by 15 December of the year preceding the relevant Licensing 

Period; and 

(b) the balance, plus interest at the mutually agreed rate, by 31 May of the relevant 

Licensing Period. 

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AMENDED TREATY 

FINAL DRAFT_3 December 2016 

16. Until full payment is made by a U.S. vessel owner for the days assigned to a specific 

vessel in the list submitted under paragraph 13(a), that U.S. vessel owner is restricted to 

using only 50% of their assigned days. 

17. The Administrator shall not issue a licence for a U.S. vessel where the relevant vessel 

owner has not made the payment pursuant to paragraph l5(a). 

18. The Administrator shall suspend the licence for a U.S. vessel where the relevant 

vessel owner fails to pay the remaining balance pursuant to paragraph l5(b). 

19. Upon non-issuance or suspension of the licence, the Pacific Island parties shall 

determine how to manage any unused days that had been assigned to the relevant vessel 

owner, including whether to make those days available lor sale to others. 

20. The failure of any U.S. vessel owner to pay tor fishing access under this Agreement 

shall not affect the access terms, rights or liabilities of other licensed vessel owners that are 

in good standing under this Agreement. 

21. The agreed level of upfront days and fees for each one-year Licensing Period shall 

run from January 1 of one year through December 31 of that year. 

ADDITIONAL DAYS 

22. Subject to paragraph 6, any eligible U.S. vessel owner, whether or not they have 

purchased days from those made available under paragraph 7, may purchase additional 

days offered by a Pacific Island party or group of Pacific Island parties. 

23. Agreements between the Pacific Island party or Pacific Island parties and the owners 

of eligible U.S. vessels for additional fishing access provided pursuant to paragraph 22 

shall be in accordance with the template provided in Schedule 2; be governed by the terms 

of the Treaty; and must not contravene or otherwise undermine the terms of the Treaty. The 

U.S. Government shall ensure that U.S. vessel owners notify such agreements to the U.S. 

Government prior to implementation. The U.S. Government shall notify the relevant U.S. 

vessel owners, within 5 days of receipt, of any objections to implementation of any such 

agreement under the tenns of the Treaty, and any necessary corrective action before the 

agreement is implemented. 

24. Where the U.S. vessel does not already have a licence, the Pacific Island party or 

Pacific Island parties providing additional fishing access pursuant to paragraph 23 shall 

notify the Administrator and U.S. Government promptly upon payment for those additional 

days. 

25. Paragraph 23 does not preclude U.S. vessel owners and a Pacific Island party or 

parties from entering into separate commercial arrangements, not governed by the Treaty. 

related to issues not covered by paragraph 23. 

26. The Administrator shall not issue a licence, or where appropriate shall suspend the 

licence, for a vessel for which additional days have been assigned and appropriately 

notified. if the relevant Pacific Island party or Pacific Island parties provide notification 

that the vessel owner has failed to make a payment that is due. 

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OTHER MATTERS 

AMENDED TREATY 

FINAL DRAFT_3 December 2016 

27. Without prejudice to Pacific Island parties' positions on any capacity management 

measure or other measures taken by Pacific Island parties to manage overall fishing 

capacity in their waters, Pacific Island parties acknowledge that the number of licence 

applications forwarded by the United States to the Administrator annually shall allow for 

no more than 40 vessels operating under the Treaty at any given time. This provision is 

included only for the purpose of providing the United States with regulatory authority to 

manage its fleet and shall not be used for other purposes such as to establish limits in 

respect of the Western and Central Pacific Fisheries Commission. 

28. Regional terms and conditions as agreed by the Pacific Island parties shall apply to 

the operation of fishing vessels of the United States within waters under the jurisdiction of 

the Pacific Island parties, in accordance with the Treaty. 

AMENDMENT 

29. This Annex may be amended in writing by the parties, either intcrsessionally or at a 

meeting of the parties. The depositary shall promptly notify the Administrator and all the 

parties of the amendments to the Annex and their effective date. 

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AMENDED TREATY 

FINAL DRAFT_3 December 2016 

Schedule 1 -Application of PNA Purse Seine Vessel Day Scheme (VDS) 

1. U.S. vessels licensed under the Treaty are to operate in accordance with the Vessel 

Day Scheme (VDS) as adopted and applied by the Parties to the Palau Arrangement when 

operating in the EEZs of Federated States of Micronesia, Kiribati. Marshall Islands. Nauru, 

Palau. Papua New Guinea, Solomon Islands. Tokelau or Tuvalu. including the payments 

outlined by the PNA Office. 

2. Fishing days in the waters of other Pacific Island parties are to be monitored in 

accordance with the PNA rules (under the Palau Arrangement) of the VDS, unless as 

otherwise agreed. 

3. Pursuant to paragraph 2 of this Schedule, the YDS length adjustment factors shall not 

apply to vessels fishing within the EEZ of Cook Islands. 

4. The United States Government and the Parties to the Palau Arrangement shall 

cooperate to ensure the effective implementation of the VDS for fishing under the Treaty, 

including through improved communication, consultation and training activities. 

5. Changes or amendments to the VDS adopted by the Parties to the Palau Arrangement 

are to be notified to the Government of the United States not less than 180 days in advance 

of the date on which they become applicable for the U.S. fleet. 

6. The Parties shall make every effort to process non-fishing day claims in a timely 

manner. and for that purpose may consult bilaterally. with the PNA Office, or with the 

Administrator. 

7. U.S. vessel owners shall, where required, make usc of industry Fisheries Information 

Management System (iFJMS) to lodge non-fishing day claims, and the PNA Office may, 

where requested by a Pacific Island party. process non-fishing day claims by U.S. vessels. 

8. The Parties shall undertake their best efforts to improve the management of nonfishing day applications and to resolve any related disputes. 

9. The United States Government shall be granted access to inforrnation on U.S. vessels 

operating in PNA waters through the PNA Fisheries lnforrnation Management System 

(FIMS) to monitor days expended by U.S. vessels under the VDS. 

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Insert offset folio 97 here TD3.091

AMENDED TREATY 

FINAl DRAFT_3 December 2016 

Schedule 2 -Template for Notification of Agreement for Additional Days 

on a Bilateral, Subregional or Multilateral Basis 

(Pacific Island party or parties) and (vessel owner or owners) have agreed to authorize the 

use of(# of fishing days) by (name of vessel(s)) in waters under their jurisdiction from 

(date) to (date). 

The vessel(s)' operations shall be governed by the tenns of the Treaty when operating 

according to this agreement. In the event of any conflict between the tenns of this 

agreement and the Treaty. the terms of the Treaty shall prevail. 

Signature Signature 

Pacific Island party Vessel owner(s)'' 

0 

Page 23 of23