Document ID: chunk:federal_register_of_legislation:C2024C00591:schedule:1:p1
Version: federal_register_of_legislation:C2024C00591
Segment Type: schedule
Provision Reference: sch 1 (pt 1/26)
Character Range: 461163–464129

Schedule 1—Treaty on fisheries between the Governments of certain Pacific Island States and the United States of America
Section 4

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;
RECOGNISING 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 of the parties and range throughout a broad region; and
DESIRING to maximise benefits flowing from the development of the fisheries resources within the exclusive economic zones or fisheries zones of the Pacific Island parties;
HAVE AGREED AS FOLLOWS:

ARTICLE 1

DEFINITIONS AND INTERPRETATION
1.1 In this Treaty:
      (a) "Administrator" means that person or organisation 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) "final judgment" means a judgment from which no appeal proceedings have been initiated within sixty days;
      (c) "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;
            (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) aircraft use, relating to the activities described in this paragraph except for flights in emergencies involving the health or safety of crew members or the safety of a vessel;
      (d) "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 fishing, which is documented under the laws of the United States;
      (e) "Licensing Area" means all waters in the Treaty Area except for:
            (i) waters subject to the jurisdiction of the United States in accordance with international law; and
            (ii) waters closed to fishing by fishing vessels of the United States in accordance with Annex I;
      (f) "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