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The President of the United States 1 115TH CONGRESS " ! TREATY DOC. 2d Session SENATE 115–3 AMENDMENTS TO THE TREATY ON FISHERIES BE- TWEEN 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 Rela- tions and order to be printed for the use of the Senate U.S. GOVERNMENT PUBLISHING OFFICE 79–118 WASHINGTON : 2018 VerDate Sep 11 2014 06:43 Aug 29, 2018 Jkt 079118 PO 00000 Frm 00001 Fmt 4012 Sfmt 4012 E:\HR\OC\TD003.XXX TD003 E:\Seals\Congress.#13 VerDate Sep 11 2014 06:43 Aug 29, 2018 Jkt 079118 PO 00000 Frm 00002 Fmt 4012 Sfmt 4012 E:\HR\OC\TD003.XXX TD003 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 Memo- randum of Understanding reflecting the parties’ intent to provision- ally 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 co- operation between the parties. The Amendments update the Trea- ty’s terms and conditions to promote more effective cooperation be- tween 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 Pa- cific 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 in- dustry stakeholders. The recommended changes to the Treaty’s implementing legisla- tion, the South Pacific Tuna Act of 1988, to reflect the Amend- ments to the Treaty and its Annexes, will be submitted separately to the Congress. I recommend that the Senate give early and favorable consider- ation to the Amendments to this Treaty, and give its advice and consent to ratification. DONALD J. TRUMP. (III) VerDate Sep 11 2014 06:43 Aug 29, 2018 Jkt 079118 PO 00000 Frm 00003 Fmt 5904 Sfmt 6602 E:\HR\OC\TD003.XXX TD003 VerDate Sep 11 2014 06:43 Aug 29, 2018 Jkt 079118 PO 00000 Frm 00004 Fmt 5904 Sfmt 6602 E:\HR\OC\TD003.XXX TD003 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 ratifica- tion, 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 Pa- cific Island region for approximately three decades, and is often re- ferred 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 Trea- ty 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 par- ties 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 eco- nomic 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 Amer- ican 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 ar- ticle-by-article analysis, is enclosed with this report. Also included, for the information of the Senate, are the amendments to the An- nexes to the Treaty, which do not require advice and consent, and a Memorandum of Understanding stating the parties’ intent to im- (V) VerDate 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 ves- sels to continue operating in the region without interruption. Rec- ommended amendments to the South Pacific Tuna Act of 1988, the implementing legislation for the Treaty, will be submitted sepa- rately to Congress. The relevant U.S. fishing industry supports the Amendments. The Treaty Amendments are also strongly supported by the Gov- ernment of American Samoa. The U.S. Department of Commerce and the U.S. Coast Guard join the Department of State in recom- mending that the proposed Agreement be transmitted to the Sen- ate as soon as possible for its advice and consent to ratification. Respectfully submitted, REX W. TILLERSON. Enclosures: As stated. VerDate Sep 11 2014 06:43 Aug 29, 2018 Jkt 079118 PO 00000 Frm 00006 Fmt 7633 Sfmt 7633 E:\HR\OC\TD003.XXX TD003 VII 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 "FFA" 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.
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