FISHERIES INFORMATION NEWSLETTER #94 (JULY-SEPTEMBER 2000)

PACIFIC NATIONS ADOPT TUNA TREATY

Fishing nations from throughout the Pacific adopted an agreement on 4 September 2000 to establish an international fishery commission to ensure the long-term conservation and sustainable use of tuna and other highly migratory fish stocks in the central and western Pacific.

"The adoption of the convention was a culmination of five years of long negotiations on some very difficult issues," said Ambassador Satya Nandan of Fiji Islands, Chairman of the Multilateral High-Level Confer-ence (MHLC) on Highly Migra-tory Fish Stocks in the Western and Central Pacific. It reflects a fair balance of interests, in particular between developing Pacific countries, in whose national areas large stocks of tuna fish are found, and distant-water fishing states, which fish in the Central and Western Pacific."

The two-thirds vote required for adoption of the convention was cleared with 19 nations voting in favour; Japan and Korea in opposition; and China, France and Tonga abstaining. The 24 nations, as well as other Pacific territories and fishing entities, had been meeting at the Hawai’i Convention Center in Honolulu since 30 August in the seventh and final session of MHLC.

Japan expressed concern about the decision-making process, the northern boundary, the observer programme and dispute settlement, among other issues. Korea said there are many outstanding issues that the convention does not address.

China argued against membership status by fishing entities. Such membership has been proposed for Taiwan. Tonga said the decision-making process was unacceptable, as a body of three can veto a majority consensus.

The convention shall enter into force 30 days after the deposit of instruments of ratification, acceptance, approval or accession by three States north of 20°N latitude (i.e. the distant-water fishing nations) and seven States situated south of the 20°N latitude (i.e. the Pacific island nations in whose waters the fishing predominantly occurs).

A preparatory conference will convene within the year so that functioning of the commission can begin immediately upon the convention’s entry into force. Among key issues resolved by the delegations during the final MHLC session were the following:

Decision-making

Decisions of the commission will be made by consensus as a general rule. If consensus cannot be reached, decisions by voting on question of procedure will be taken by a majority of those present and voting.

Decisions on question of substance shall be taken by three-fourths majority of the members of the South Pacific Forum Fisheries Agency present and voting and three-fourths majority of non-members of the South Pacific Forum Fisheries Agency present and voting and provided further that in no circumstances shall a proposal be defeated by two or fewer votes in either chamber.

Taiwan/ROC

Fishing entities, such as Taiwan, whose vessels fish for highly migratory fish stocks in the convention area may, by written instrument, agree to be bound by the regime established by the convention. Any such fishing entity shall participate in the work of the commission, including decision-making on matters stated in the convention.

Participation by territories

American Samoa, French Poly-nesia, Guam, New Caledonia, Northern Mariana Islands, Tokelau, and Wallis and Futuna are entitled to be present and to speak at the meetings of the commission and its subsidiary bodies. Separate rules of procedure will be developed by the contracting parties on the extent and nature of participation by these territories.

Boundaries

The northern and western boundaries of the convention area are not fixed, but will encompass the range of the stocks within the Pacific Ocean; It is not intended to include waters in Southeast Asia that are not part of the Pacific Ocean, nor is it intended to include the waters of the South China Sea.

The southern and eastern boundaries of the convention are fixed as follows: from the south coast of Australia due south along the 141° meridian of east longitude to its intersection with the 55° parallel of south latitude; thence due east along the 55° parallel of south latitude to its intersection with the 150°meridian of east longitude; thence due south along the 150° meridian of east longitude to its intersection with the 60° parallel of south latitude; thence due east along the 60° parallel of south latitude to its intersection with the 130° meridian of west longitude; thence due north along the 130° meridian of west longitude to its intersection with the 4° parallel of south latitude; thence due west along the 4° parallel of south latitude to its intersection with the 150° meridian of west longitude; thence due north along the 150°meridian of west longitude.

(Source: Pacific Islands Fishery News, Fall 2000)