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Balancing the Scales: the Experience of the Parties to the Nauru Agreement Josie Malamahetoa Mata Molesi Tamate University of Wollongong

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Balancing the Scales: the Experience of the Parties to the Nauru Agreement Josie Malamahetoa Mata Molesi Tamate University of Wollongong University of Wollongong Research Online University of Wollongong Thesis Collection University of Wollongong Thesis Collections 2013 Balancing the scales: the experience of the Parties to the Nauru Agreement Josie Malamahetoa Mata Molesi Tamate University of Wollongong Recommended Citation Tamate, Josie Malamahetoa Mata Molesi, Balancing the scales: the experience of the Parties to the Nauru Agreement, Doctor of Philosophy thesis, Australian National Centre for Ocean Resources and Security, University of Wollongong, 2013. http://ro.uow.edu.au/theses/4078 Research Online is the open access institutional repository for the University of Wollongong. For further information contact the UOW Library: [email protected] BALANCING THE SCALES: THE EXPERIENCE OF THE PARTIES TO THE NAURU AGREEMENT This thesis is presented as part of the requirements for the award of the degree DOCTOR OF PHILOSOPHY from the University of Wollongong by JOSIE MALAMAHETOA MATA MOLESI TAMATE, BCom (Griffith University), G.Dip EcDev (Australian National University), MEcDev (Australian National University) Australian National Centre for Ocean Resources and Security December 2013 CERTIFICATION I, Josie Malamahetoa Mata Molesi Tamate, declare that this thesis, submitted in fulfilment of the requirements for the award of Doctor of Philosophy, in the Australian National Centre for Ocean Resources and Security, University of Wollongong, is wholly my own work unless otherwise referenced or acknowledged. The document has not been submitted for qualification at any other academic institution. Josie Malamahetoa Mata Molesi Tamate December 2013 i ABSTRACT This thesis discusses the experience of a group of eight Pacific Island coastal States in exercising their sovereign rights for the EEZ to take control of the tuna fishery and reduce dominance of the distant water fishing fleets. The group is established under the Nauru Agreement Concerning Cooperation in the Management of Fisheries Common Interest, with the membership including the Federated States of Micronesia, Kiribati, Marshall Islands, Nauru, Palau, Papua New Guinea, Solomon Islands and Tuvalu. Known widely as the Parties to the Nauru Agreement, the group has adopted a cooperative framework and work together to establish a number of instruments to facilitate the co-ordination and harmonisation the management of the common fish stocks within their EEZs. In doing this, the Parties to the Nauru Agreement were asserting and protecting their sovereign rights, creating economic opportunities for their people, and conserving and managing the tuna fish stock. The thesis argues that the Parties to the Nauru Agreement has taken control of their tuna fishery through the introduction of the instruments such as the minimum terms and conditions for access under the First, Second and Third Implement Arrangements of the Nauru Agreement, the Palau Arrangement for the Management of the Western Pacific Purse Seine Fishery to limit fishing effort and the establishment of the Federated States of Micronesia Arrangement for Regional Access which provide preferential treatment for the domestic and/or locally-based vessels. The thesis concludes that in order to maintain and/or strengthen the control the Parties to the Nauru Agreement have attained, the group needs to redefine its cooperative framework to cater for the different interests they have acquired. ii ACKNOWLEDGEMENTS As I begin to write my acknowledgements, I could not help but reminisce. Pursuing further studies was always an option that I kept in the back pocket and it was closed for 12 years! When I finally opened it, I am still amazed at how things progressed so fast and before I know it, I am packing my bags and heading for my new adventure. I thought I was ready but there is major difference between talking about it and actually doing it! I found myself on the road unlike any that I have travelled before. There were moments of self-doubts, tears, stress, excitement and finally discovery. Discovery was elusive at the beginning, but as my journey progresses, I began to come out of the storm and finally onto the clear blue and calm waters. I pay tribute to all who have guided, encouraged, cheered, prayed and even shed tears for me as I progressed through my PhD journey. From the bottom of my heart, Fakaue Lahi Mahaki! Firstly, I would like to sincerely thank Professor Martin Tsamenyi for his guidance, patience and confidence in me. I would like also to thank Dr MaryAnn Palma for her guidance, patience and support especially during the last few weeks of the thesis process. My special thanks to Myree Mitchell for making things easier for us students and the ANCORS team for the many encouragements along the way. I am also grateful for the editing assistance provided by Jacinda Forster; thank you! I would also like to thank the Australian Government for the funding and especially for the opportunity to pursue this study under the Australian Leadership Award Scholarship. Without such assistance, this study would not have been possible. I am also grateful for the support provided by the UOW Scholarship Office, in particular Nhan Nguyen, for his prompt responses to my last minute requests. To my ANCORS friends and colleagues - Ana, Filimon, Kamal, Nang, Jane, Lore, Karen, Andi, Carole, Shaun, Elly, Yubing, Daisy, Ferique, Guia, Brooke, Katie, Lowell, Ruth, Dudy, Anh, Arief, Zaki, and Hazmi; and my UoW Pacific friends - thank you for the laughs, shared meals, outings and for making sure I get home safe after the late nights at the office. Special thanks to Dr Joytishna Jit and Dr Naomi Biribo for their support and encouragements - you guys inspired me to push harder for the finishing line. To all my fish friends, colleagues and networks - I thank you for all the support, advise and the many fish stories shared along the way. I am especially appreciative of the kind assistance of Eddie Marahare, Len Rodwell, PNA Office staff and all who have helped me along the way to clarify my thoughts and aspects that relate to my research, and the provisions of information for my study. To the Government of Niue (Cabinet, Secretary to Government, Niue Public Service Commission), Brendon Pasisi, and James Tafatu – thank you for the ongoing support especially in facilitating my participation at various fisheries meetings as part of the Niue delegation. Without such assistance, it would have been difficult to attend the meetings and access the discussions for my research. To Uncle Harkai, Nika and family, Aunty Malua and family, and my extended family in Niue, NZ and Australia; thank you for your support and prayers! Special thanks also to Rev Matagi and Jo, and Mele Talamahina for always looking out for me. iii To my ‘Team Trekkers’; Birtha, Julie and Kim - thank you for your continual support, encouragements and for being my guinea pigs especially in reading through my initial chapters. You guys always kept me going when the going gets tough and I thank you from the bottom of my heart, especially to my two sisters Birtha and Julie. You guys are simply the best! To Ms B – thank you for the countless emails and especially in praying with/for me when the going gets tough. To my siblings and their families; Amanda and Gary, Karen, Fili and kids, Maurice, Siala and kids, Sene, Miriam and kids, Sandy and family - a big thank you for all your love, support and especially for caring for Monty when I am not there. To my parents; no words can express enough how much I value your love, support, sacrifices and prayers. Whenever I am down, your words of comfort always pick me up. Thank you also for looking after my son and keeping him safe for me. Am very blessed to have you as my parents! Thanks Mum and Dad. To my son, Morris Montena Aloha; thank you for putting up with Mummy being away all the time! I hope that I have laid the foundation for you to follow suit. Last but not the least, I give thanks to God for the blessings, guidance and the strength to carry on when the tough gets going. Thank you Lord. For their love, patience and continual support, I dedicate this work to my parents - Reverend Molesi and Tena Tamate and my son, Montena. iv TABLE OF CONTENTS CERTIFICATION ........................................................................................................... i ABSTRACT ..................................................................................................................... ii ACKNOWLEDGEMENTS ........................................................................................... iii Table of Contents ............................................................................................................ v GLOSSARY .................................................................................................................. xiii Chapter One: Introduction ............................................................................................ 1 1.1 Introduction ............................................................................................................. 1 1.2 Development of the EEZ Concept and its Significance to Pacific Island States..... 3 1.2.1 The Significance of the EEZ Concept .............................................................. 5 1.3 The Pacific Island States and the Significance of the EEZ Concept ....................... 9 1.3.1 History of Fishing in the Pacific Islands ......................................................... 14 1.3.2 Influences of EEZ Concept to Pacific Fisheries Regional Development ....... 17
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