Link to text of agreement
Status of agreement

Objectives

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, in particular, to regulate the fisheries of United States' vessels within and beyond the national jurisdiction of Pacific Island State parties.

Scope

 - Material

All fishing activities in the Treaty Area.

 - Geographic

The Treaty Area is, broadly speaking, the South Pacific, including the waters of State party jurisdiction; a more precise definition in terms of longitude and latitude is given in Article 1.1(k).

Organizational structure

Inter-governmental consultations may be held at the request of a party with any other party. [Article 6.1] (The Forum Fisheries Agency also plays an important supporting role).

The Treaty on Fisheries between the Governments of Certain Pacific Island States and the Government of the United States of America is a unique instrument in international fisheries law, being the only multilateral agreement between a distant-water fishing nation, on the one hand, and a group of coastal States, on the other hand, concerning access to the latter’s fisheries zones. Thus, although multilateral in form, the agreement is in many respects bilateral in nature. The main purpose of the Treaty is to enable vessels from the United States uninterrupted fisheries access in the waters of the Pacific Island countries in return for certain benefits paid to those countries.

The Treaty, which was adopted in April 1987, entered into force on 15 June 1988 and, although the Treaty itself is not limited in time, the operational provisions of the original Treaty were only designed to last five years. Consequently, the Treaty has been subject to two extensions, both of ten years, in 1993 and 2003. The current agreement will expire on 14 June 2013.

Objectives and scope 

Other than expressing the objective of maximizing the benefits flowing from the development of the fisheries resources within the waters of the Pacific Island parties, the Treaty does not explicitly set out its objectives. The primary purpose of the Treaty, however, is to regulate the fisheries of United States' vessels within and beyond the national jurisdiction of Pacific Island State parties in a uniform manner.

The Treaty applies widely to all fishing activities in the Treaty Area, which includes:

(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.

The Treaty applies to a wide area (totalling approximately 10 million square miles) in the South Pacific (the “Treaty Area”), which is defined in detail in the Treaty, and fishing by US vessels under the Treaty may be licensed with this area, subject to two exclusions: (i)  waters subject to the jurisdiction of the United States; and (ii) certain closed areas specified in an Annex to the Treaty (the inner area known as the “Licensing Area”).

Participation

Participation in the Treaty is open to all Pacific island countries, as well as the United States.

Organizational structure

The main decision-making mechanism of the Treaty is the annual meeting of the parties, which are held with the purpose of reviewing the operation of the Treaty. In recent years, these have been supplemented by informal consultations between the parties, also on an annual basis. The Treaty also provides for the Pacific Island parties to designate a person or organization to act as an "Administrator" on their behalf, which in practice is undertaken by the Forum Fisheries Agency (FFA). (The precise role of the FFA in the administration of the Treaty is set out in a separate agreement, and covers matters such as cooperation in negotiations, the provision of information and the distribution of payments: 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).

Main provisions and functions

The principal function of the agreement is to enable access for a limited number of US fishing vessels to fish in the “Licensing Area”, subject to certain conditions, in return for which the US Government provides funding for fisheries development projects and the vessel owners pay licence fees. The agreement sets out in detail the conditions applicable to such fishing, including limitations on the areas in which fishing may take place; compliance with applicable national laws (where these contain requirements not covered by the Treaty); reporting requirements; the use of observers (supplemented also by a further agreement - the Agreed Statement on Observer Program); and the boarding and inspection of US fishing vessels by authorised officers of the Pacific Island countries.

Although the Treaty recognizes the right of the Pacific Island parties to enforce the provisions of the Treaty and of any licence issued under it, considerable emphasis is placed on flag State responsibility. Thus, the United States is to ensure that its fishing vessels only fish in accordance with the provisions of the Treaty and the terms of their licences; and is to investigate and follow-up any suspected infringements, including, where necessary, instituting legal proceedings.

In practice, the agreement currently provides access for approximately 40-50 US purse-seine vessels in return for which $21 million is paid annually to the Pacific Island countries, $3 million in the form of fishing vessel licence fees and $18 million from the US Government. In its own estimations, the Treaty is considered to be of significant economic benefit to the United States, with the value of fish at landing estimated to be between $100 and $150 annually and the total value to the economy, after processing, distribution, etc., being somewhere between $250 to $400 million annually.

 - Internet sources

FFA website

 - Additional treaty references

1988 ATS 42; NZTS 1988 No. 32; TIAS 11100; ILM 26 p. 1053

Internet Guide to International Fisheries Law
Created by Christopher Hedley
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