Ratification of Amendments to the US Treaty
Ratification of Amendments to the Treaty on Fisheries between the Governments of Certain Pacific Island States and the Government of the United States of America (US Treaty).
Fact Sheet
Australia is a party to the US Treaty which allows US fishing vessels access to the fishing resources in the exclusive economic zone (EEZ) of those Pacific Countries, which are party to the Treaty in exchange for an annual fee. The US Treaty was signed by the United States of America and members of the Forum Fisheries Agency (including Australia) in April 1987. It came into force on 15 June 1988 for a five-year period until 14 June 1993. The agreement has been reviewed several times and extended for ten years ending on 14 June 2003. Amendments to the treaty have been negotiated, to extend the treaty for another ten years and include some changes of the treaty arrangements.
Australia intends to take binding treaty action to ratify these amendments subject to the public consultation process.
If these amendments proceed, changes will also need to be made to the Agreement among Pacific Island States concerning the Implementation and Administration of the Treaty on Fisheries between the Governments of Certain Pacific Island States and the Government of the United States of America (the Implementing Agreement) to reflect the increase in the access payment. The Implementing Agreement distributes the payments made under the US Treaty to the Pacific Island parties.
Background
The US Treaty was negotiated over five years between the Forum Fisheries Agency (FFA), the United States of America and representatives of the US tuna industry. The FFA is a regional organisation established for the purpose of managing the tuna resources in the EEZs of its member countries. The FFA promotes regional solidarity and consensus decision-making, this cooperation is crucial when countries are sharing fish stocks. There are seventeen members of the FFA - Australia, Cook Islands, Federated States of Micronesia, Fiji, Marshall Islands, Kiribati, Nauru, New Zealand, Niue, Palau, Papua New Guinea, Samoa, Solomon Islands, Tonga, Tokelau, Tuvalu and Vanuatu. Australia is a committed member of this organisation.
The US Treaty allows US fishing vessels to access the fishing resources in the EEZs of certain Pacific Island parties. The US tuna fishing industry and the US Government pay substantial fees for these access rights. The annual fees have increased after each extension of the original treaty. Originally, US$12 million was paid per year; this increased to US$18 million and the new amendments propose a fee of US$21 million per year. There have also been changes to the number of licenses available. Originally 50 vessels were allowed in the treaty area but this will be reduced to 45 for the period 2003-13.
Fisheries Issues and Impact in Australia
Although Australia has been strongly involved in the negotiation of the US Treaty, we have limited exposure to the treaty arrangements. The US Treaty does allow the US purse seine fleet access to a small area of Australia's EEZ, however, the US fleet has not been active in Australian waters for many years. Australia has excluded some areas from US licences and the Australian waters seem to be generally unattractive to the US fleet due to the distance from US home ports and canneries.
Regional Engagement
As the US fleet does not fish in the Australian EEZ, the value to Australia in being a party to the US Treaty is related to the engagement it allows Australia to have in the Pacific region. The US Treaty is important to US /Pacific relations. The access agreement provides a significant source of income for Pacific Island Parties that contributes to their economic wellbeing and also to regional stability. It increases the ability of these countries to manage and monitor fish stocks, which migrate through the Pacific region. It is in Australia’s interest to ensure that suitable management arrangements are established. Ratification of the new amendments will allow Australia to remain active in this management regime.
The Proposed Amendments
The negotiations to revise and extend the US treaty concluded on 24 March 2002. The key changes to the treaty proposed by the amendments are:
- The extension of the treaty for another ten years, from 2003 – 2013
- An increase of the annual fee to US$21 million
- A decrease in the available licences to 45 vessels
- Recognition of US long line fishing on the high seas of the Treaty Area
- The requirement that US vessels operate FFA approved vessel monitoring systems (VMS) at all times
while in the Treaty Area - Implementation of flexible provisions to amend the Annexes to the Treaty. The annexes include lists such as applicable national laws, reporting and payment details, and opened and closed areas for fishing
- Recognition of the relationship between the US Treaty and the Convention for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific to promote consistency
- The opening of part of the Solomon Islands’ EEZ
- The closing of Papua New Guinea’s archipelagic waters, and
- As well as changes to the observer program and reporting standards.
Public Consultation Process
Australia wishes to undertake binding Treaty Action by ratifying the amendments to the US Treaty. Australia’s participation in the negotiation of the treaty amendments has involved a significant consultative process with state and territory governments, industry and NGOs. To date, the Australian community has supported the arrangements made under the US Treaty.
Revised US Treaty - Please note that no certified copy of the amendments is available yet from the depository. However, this copy has been provided by the Forum Fisheries Agency (FFA) and reflects the agreed changes to the text of the Treaty.