REGIONAL FISHERIES POLICY IN THE PACIFIC; A case study on the Treaty between Certain Pacific Islands States and the United States on Fisheries Fiona Indu United Nations – Nippon Foundation Fellow 2012 – 2013 0 DISCLAIMER The views expressed herein are those of the author and do not necessarily reflect the views of the Government of Solomon Islands, the United Nations, the Nippon Foundation of Japan or the University of New South Wales (UNSW) i SUPERVISORS Professor Rosemary Rayfuse Dr. Francois Bailet ii ABSTRACT The delimitation of EEZ under coastal states sovereignty as subscribed by UNCLOS was crucial for the Pacific region. For the Pacific Islands states narrow-based land resources, inherently meant greater dependence on the oceanic resources. As such ocean governance regime established by UNCLOS, giving coastal states rights to control and regulate fishing operations for their economic development and food security was widely received by the Region. For Pacific states, engaging with DWFNS presents a mix of promises and challenges. However, the promises of economic prosperity are often outweighed by challenges encompassing unmet fisheries management and conservation objectives, at national and regional level, and real value-for-money for the fisheries resources being removed through access agreements. Although US had maintained strong political links and influence within the region, it was one of most problematic DWFN in early stages of tuna fisheries industry in the region. Conflicting fisheries policies, industry protection interests and non-recognition of UNCLOS were factors responsible. A deal-breaker treaty was signed in 1987 between the US and 16 Pacific Islands states. USM treaty, is comprehensive and remarkable, in that it gives one particular state access rights to enormous jurisdictional waters in all the states in Pacific region. The Treaty is important to US and Pacific Islands States broadly on two levels (1) political and (2)economic. From a political perspective (a) it is testament of US-Pacific Islands firm relations and (b) Cooperation between Pacific Islands states harmonious agreement to the Treaty. The economic denotes financial benefits from treaty - economic financial package which Pacific Islands countries receive in exchange from access fees, and for the US returns on fisheries resources. iii From another perspective, the Treaty also presents an opportunity for Pacific Islands states to make assessments on different fisheries access agreement (multilateral or bilateral) and scope in specific development objectives. From the viewpoint of the study, the dynamics of the Treaty and associated processes encapsulates the complexities and linkages between, national interests, sustainable development and regional policy. In this regards, regional fisheries issues are not isolated; but all aspects of regionalism are important considerations to understanding how a comprehensive multilateral agreement as this would pan out in the future. In analyzing this agreement, the study also briefly looks at the challenges that exist within multilateral arrangements in comparison to bilateral arrangements. An aspect that will prove to test multilateral framework is national interest. The solidarity between Pacific Islands Parties, and the strong advocator of Pacific Islands interests the PNA Group, has marked a milestone in seeking out to attain maximized benefits from fisheries access agreements operations in the region. But there also exist a weak common ground, recognized in economic development challenges. The unequal economic development status of pacific Islands states, reinforced by diverse economic dependence on fisheries revenue will become a critical factor in sustaining multilateral arrangements as the USMT. iv ACRONYMS ATA American Tuna boat Association DWFN Distant Water Fishing Nations EEZ Exclusive Economic Zone FAD Fishing Aggregating Devices FAO Food and Agricultural Organization FFA Forum Fisheries Agency PIPS Pacific Islands Party States MFMCA Magnusson Fisheries Management and Conservation Act NOAA National Oceanic and Atmospheric Administration PAE Party Allowable Effort PIFS Pacific Islands Forum Secretariat PNA Parties to the Nauru Agreement RFMO Regional Fisheries Management Organizations SPC Secretariat of the Pacific Community SPREP Secretariat of the Pacific Regional Economic Programme TAE Total Allowable Effort UNCLOS United Nations Convention of Law of the Sea USMT United States Multilateral Treaty VDS Vessel Day Scheme WCPFC Western Central Pacific Fisheries Commission WCPO Western Central Pacific Ocean v TABLE OF CONTENTS ABSTRACT…………………………………………………………………………………….iv GLOSSARY OF TERMS……………………………………………………………………...vi INTRODUCTION Profile of Regional Fisheries and its importance to the Pacific People 1.1. Biogeography and Ecological overview of fisheries in the region……………….. 1 1.2. Significance of US fishing in the Pacific……………………………………………... 8 1.3 History of the Treaty between Certain Pacific Islands Countries and the US…………………………………………………………………………..…. 15 CHAPTER ONE: Ocean Governance regime development – Fisheries Access Agreements 2.1 Fisheries Access Agreements...……………………………………………………… 21 2.2. Factors influencing the creation of the USMT 2.2.1 Developments in fisheries governance……………………………………….. 22 2.2.2 Fisheries Policies………………………………………………………………... 25 2.2.3 Tuna Industry interests……………………………………………………….... 26 2.2.4 Management and Conservation……………………………………………….. 27 2.3 Objectives of contracting parties to the USMT (US and PIPS) 2.3.1 Pacific Islands Party States objectives……………………………………….... 28 2.3.2 US Objectives………………………………………………………………..…... 31 2.4 The Original Treaty “1987”………………………………………………………….. 30 CHAPTER TWO: Renegotiating the USMT – Key issues of contention 3.1. Applicability of National Laws……………………………………………………… 42 3.2a Fishing Opportunities for US fishing vessel……………………………………….. 48 3.2 b Financial Package (VDS)……………………………………………………………... 53 3.3 Trade (Market Access)………………………………………………………………... 58 vi CHAPTER THREE: The USMT sustainability: Prospects and Challenges 4.1 Prospects 4.1 Economic, Political, Legal……………………………………………………… 62 4.2 Challenges 4.2 Economic, Political, Legal……………………………………………………… 76 CHAPTER FOUR: Regional Fisheries (Tuna) dynamics the Pacific and it impact on the Treaty negotiations 5.1. Role of Regional Fisheries Bodies/Institutions……………………………………. 91 (FFA, SPC, WCPFC, PNA) 5.2. Factors influencing Regional Fisheries dynamics; Politics, Trade and Industries (Economics), Socio-economic factors, Conservation and Management…………………………………………………………………….. 96 5.3 Regional Fisheries dynamics: impact on the USMT…………………………….. 102 Conclusion: Looking forward – Future projections 6.1. ‘Success’ or ‘Failure’? US and PIPs Treaty negotiations (pre-June 2013)………………………………... 106 6.2. Sustainability of the Treaty (post-2013) and US Fishing Endeavors in the Region…………………………………………. 107 6.3. Managing Fisheries regimes in the Region……………………………………….. 109 APPENDICES i. References ii. Treaty between the Certain Pacific Islands States and the United States on Fisheries iii. Parties to the Nauru Agreement iv. National Marine Resource Governance Statistics vii v. Regional Marine Resource Governance Statistics List of Figures Figure 1: Map of Pacific Islands Countries Figure 2: Map of the USMT Area Figure 3: Global tuna landings List of Tables Table 1: American Tuna Boat Association Agreements with Pacific Islands’ countries prior to the USMT Table 2: Years Pacific Islands declared jurisdictional powers over EEZ Table 3: Financial Payment by US Government to Pacific Islands Parties under the USMT Table 4: DWFN tuna take-off takes from WCPO and payments (2003) Table 5: Catches between Pacific Islands States – Local Fishing boats and Off-shore Boats (Inclusive of all fishing activities) Table 6: Synopsis of Bilateral and Multilateral fishing access agreements Table 7: Pacific Islands States land, EEZ and Population sizes (2008) viii ix INTRODUCTION With growing interest by distant water fishing nation’s interests in fishing opportunities looming, Pacific Islands States face the challenge of balancing the need for economic return and ensuring the sustainability of fish stocks. The US is among the most active DWFNs in the region. A land-mark multilateral Treaty on Fisheries between Certain Pacific Islands States and the US concluded in 1988 permits U.S Fishing fleeting1 to fish in EEZ2 of the contracted 16 Parties3. The treaty was important for both parties primarily because it promised to deliver economic prosperity for Pacific Islands states, and to maintain US fishing industry stay afloat. As the treaty draws to the end of its second implementation stage, this has presented an ideal opportunity for Pacific Islands states and US to renegotiate terms and conditions to continue cooperation under the arrangement. Furthermore, the discussions on this multilateral fishing access arrangement has also prompted further discussions and perspectives on how best coastal states can engage with DWFN, either through a bilateral or multilateral arrangement, with the objective to maximize the economic value of the tuna resources being exploited. Fisheries access agreements This paper seeks to highlight some of the complexities that exist in fishing access agreements, in particular multilateral agreements. It will also provide an analysis on the critical role of regional fisheries dynamics, and its influence on fishing access agreements (with specific focus on the USMT and its key issues of 1 In 2008, their