Multilateral High-Level Conference on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific
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MULTILATERAL HIGH-LEVEL CONFERENCE ON THE CONSERVATION AND MANAGEMENT OF HIGHLY MIGRATORY FISH STOCKS IN THE WESTERN AND CENTRAL PACIFIC SEVENTH SESSION Honolulu, Hawai’i 30 August – 5 September 2000 TABLE OF CONTENTS REPORT Annex 1 List of participants Annex 2 Opening remarks by the Chairman Annex 3 Statements by delegations and observers Annex 4 Information note on matters before the seventh session Annex 5 Report of the Chairman on the credentials of representatives to the seventh session of the Conference Annex 6 Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean, Proposal by the Chairman Annex 7 Final Act of the Multilateral High-Level Conference on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean Annex 8 Final Statement by the Chairman Annex 9 Statements by delegations and observers upon the adoption of the Convention Annex 10 Arrangement for the participation of fishing entities MULTILATERAL HIGH-LEVEL CONFERENCE ON THE CONSERVATION AND MANAGEMENT OF HIGHLY MIGRATORY FISH STOCKS IN THE WESTERN AND CENTRAL PACIFIC SEVENTH SESSION Honolulu, Hawai’i 30 August – 5 September 2000 REPORT 1. The seventh session of the Multilateral High-Level Conference on the conservation and management of highly migratory fish stocks in the western and central Pacific was held at Honolulu, Hawai’i from 30 August to 5 September 2000. The Conference was attended by representatives from Australia, Canada, China, Cook Islands, Federated States of Micronesia, Fiji, France, French Polynesia, Indonesia, Japan, Kiribati, Marshall Islands, Nauru, New Caledonia, New Zealand, Niue, Palau, Papua New Guinea, Philippines, Republic of Korea, Samoa, Solomon Islands, Chinese Taipei, Tonga, Tuvalu, United States of America, Vanuatu and Wallis and Futuna. Observers from Ecuador, the Food and Agriculture Organization of the United Nations (FAO), the Forum Secretariat, the South Pacific Forum Fisheries Agency (FFA), the South Pacific Regional Environment Programme (SPREP), the Inter American Tropical Tuna Commission (IATTC), the Pacific Community and the University of the South Pacific (USP) attended the Conference. The list of participants is attached as Annex 1. 2. The Conference was opened by prayers and a traditional Hawai’ian chant. 3. In his opening remarks, attached as Annex 2, the Chairman of the Conference, Ambassador Satya N. Nandan (Fiji), reminded participants that in 1997, the Conference made a commitment to conclude its work by June 2000. The Chairman noted that substantial progress had been made at the sixth session on a number of key issues, including the area of application, scientific advice, the observer programme, transhipment, boarding and inspection, compliance and enforcement, entry into force and financial arrangements. He recalled that the main outstanding issues were decision-making, participation by fishing entities and participation by territories. In addition, the Conference needed to give further consideration to the proposal for a Preparatory Conference pending entry into force of the Convention. The Chairman noted also that the seventh session had been declared as the final decision-making session of the Conference and that the working documents of the Conference would be the revised text issued by the Chairman at the end of the sixth session (MHLC/Draft Convention/Rev.1) and the revised text of the draft resolution establishing a Preparatory Conference for the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (MHLC/WP.3/Rev.2). 4. Statements were made by the representatives of Australia (on behalf of the Forum Fisheries Committee), Canada, China, Cook Islands, Federated States of Micronesia, Fiji, France, French Polynesia, Indonesia, Japan, Kiribati (on behalf of the Parties to the Nauru Agreement), Korea, Nauru, New Caledonia, Niue, Palau, Papua New Guinea, Chinese Taipei, Tuvalu, United States of America, Vanuatu and Wallis and Futuna. Statements were made by the observers from Ecuador and IATTC. Statements made by delegations and observers are attached as Annex 3. 5. The Conference granted a request for observer status by an intergovernmental organization, OLDEPESCA. 6. From 30 August to 1 September, the Conference worked in small groups and informal sessions with a view to addressing the key issues identified in the Chairman’s information note, as well as other issues identified by delegations. Among the issues discussed in this manner were decision-making, the position of fishing entities, participation by territories, the northern sub-committee (article 11, paragraph 7) and transhipment. In addition, the Conference gave consideration to lists of issues submitted by the delegations of Japan and Korea, as well as a document submitted by Canada on the question of the area of application. Following deliberations on all outstanding issues, the Chairman issued on 2 September 2000, for consideration by the Conference, a revised text of the “Draft Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean.” (MHLC/Draft Convention/Rev.2). In the light of concerns raised by some delegations, the Chairman continued to hold informal consultations on outstanding issues in relation to the revised text and, on 3 September 2000, re-issued the text of the Draft Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean.” (MHLC/Draft Convention/Rev.2*). 7. The Conference also considered, in informal meetings, the revised text of the draft resolution establishing a Preparatory Conference for the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (MHLC/WP.3/Rev.2). As a result of the discussions, the Chairman further refined his proposal and, on 1 September 2000, issued a revised document under symbol MHLC/WP.3/Rev.3. 8. In accordance with the procedures outlined by the Chairman on the first day of the session, on 4 September 2000, the Chairman made a report to the plenary on the credentials of representatives attending the seventh session of the Conference. The report of the Chairman is attached as Annex 5. The Conference accepted the credentials of all representatives. The delegation of Japan expressed its reservation with respect to the acceptance by the Conference of the credentials of the delegation of Indonesia. 9. On 4 September 2000, the Chairman informed the Conference that all efforts at reaching general agreement had been exhausted. On the same date, the Chairman formally presented to the Conference the text of the Convention for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean as well as the draft resolution establishing a Preparatory Conference for the establishment of the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean. The Convention, together with the resolution, was adopted on 4 September 2000 by a vote of 19 in favour, 2 against (Japan and Republic of Korea), with three abstentions (China, France and Tonga). 10. On the same date, the Conference also adopted the Final Act of the Conference and a resolution expressing gratitude to the Governments of Solomon Islands, Marshall Islands, Japan and United States of America for hosting the sessions of the Conference. 11. The Convention, together with the Final Act, as adopted by the Conference are attached to this report as Annexes 6 and 7. 12. The Conference decided to resume its seventh session on 5 September 2000 for a ceremony of signature of the Convention and the Final Act. 13. On 5 September 2000, the Chairman delivered a final statement, attached as Annex 8. Statements were also made by the representatives of Australia (on behalf of the Forum Fisheries Committee and on its own behalf), Canada, China, Cook Islands, Federated States of Micronesia, Japan, Kiribati, Korea, Marshall Islands, Nauru, New Caledonia, New Zealand, Niue, Palau, Papua New Guinea, Samoa, Chinese Taipei, Tuvalu, United States of America and Vanuatu. Statements were made by the observers from Ecuador and the FAO. Statements made by delegations and observers during the ceremonial session are attached as Annex 9. 14. The Convention was opened for signature on 5 September 2000. The Convention was signed by the representatives of Cook Islands, Federated States of Micronesia, Republic of the Fiji Islands, Republic of the Marshall Islands, New Zealand, Republic of Palau, Republic of the Philippines, The Independent State of Samoa, Tuvalu, United States of America and Republic of Vanuatu. 15. Representatives of the following States signed the Final Act: Australia, Canada, China, Cook Islands, Federated States of Micronesia, Republic of the Fiji Islands, France, Indonesia, Republic of Kiribati, Republic of the Marshall Islands, Republic of Nauru, New Zealand, Niue, Republic of Palau, The Independent State of Papua New Guinea, Republic of the Philippines, Republic of Korea, The Independent State of Samoa, Solomon Islands, Kingdom of Tonga, Tuvalu, United States of America and Republic of Vanuatu. The Final Act was also signed by representatives of New Caledonia and Chinese Taipei. 16. In addition, on 5 September 2000, in accordance with the decision of the Conference, the representative of Chinese Taipei and