Andrew Richards Western and Central Pacific Fisheries Commission First Meeting of Ministers Responsible for Fisheries 2

1. Andrew Richards Western and Central Pacific Fisheries Commission First Meeting of Ministers Responsible for Fisheries 2-5 June 2009 Brussels, Belgium

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3. The 2007 catch of tuna from the Western and Central Pacific Ocean (WCPO), a record 2,396,815mt, represented 85 per cent of the total estimated Pacific Ocean catch of 2,800,740mt, and 55 per cent of the provisional estimate of the total global tuna catch. This catch was taken by a diverse range of operations, including by small-scale, artisanal fishing operations that are largely confined to exclusive economic zones (EEZs) of Pacific Island countries and the Philippines and Indonesia, as well as large-scale, industrial longline, purse-seine, and live-bait pole-and-line operations both within waters under national jurisdiction and in international waters. The 2007 catch of tuna from the Western and Central Pacific Ocean (WCPO), a record 2,396,815mt, represented 85 per cent of the total estimated Pacific Ocean catch of 2,800,740mt, and 55 per cent of the provisional estimate of the total global tuna catch. This catch was taken by a diverse range of operations, including by small-scale, artisanal fishing operations that are largely confined to exclusive economic zones (EEZs) of Pacific Island countries and the Philippines and Indonesia, as well as large-scale, industrial longline, purse-seine, and live-bait pole-and-line operations both within waters under national jurisdiction and in international waters.

4. The conservation and management arrangements for the resources supporting these fisheries have evolved rapidly since the conclusion of the Conference on the Law of the Sea in the early 1980s. This paper briefly summarises the history of conservation and management arrangements for these resources in the Pacific Islands region, and describes the support provided to coastal States in this region by regional institutions. The conservation and management arrangements for the resources supporting these fisheries have evolved rapidly since the conclusion of the Conference on the Law of the Sea in the early 1980s. This paper briefly summarises the history of conservation and management arrangements for these resources in the Pacific Islands region, and describes the support provided to coastal States in this region by regional institutions.

5. Pacific Island States� early efforts in fisheries conservation and management were associated with the concluding sessions of the Conference on the Law of the Sea in the middle and late-1970s and early 1980s, the provisions within the resulting Convention for the creation of the EEZ regime, and the economic opportunities that flowed from that through the inclusion of large areas of tuna-rich waters under the 200-mile jurisdictions of coastal States. Cook Islands, Fiji, Federated States of Micronesia, Kiribati, Marshall Islands, Nauru, Niue, Palau, Papua New Guinea, Samoa, Solomon Islands, Tokelau, Tonga, Tuvalu, and Vanuatu (ACP members in bold text). The engagement of the Pacific Island-region territories of the USA (American Samoa, Commonwealth of Northern Marianas and Guam) and France (French Polynesia, New Caledonia, and Wallis and Futuna) has, until relatively recently, been more associated with their respective metropolitan ties. Prior to the mid 1970s, all the tuna harvested in the WCPO region were taken by distant water fishing nations (DWFNs) in high seas areas. When the Pacific Island States began establishing EEZs in the mid-1970s, it was necessary for the coastal States to negotiate fisheries access arrangements with the DWFNs, and then administer those arrangements. However, administering large, complex fisheries operating over extensive areas of ocean with the fleets based in foreign ports presented significant challenges for small, inadequately resourced national fisheries administrations with limited capacity to monitor, assess and undertake surveillance and enforcement activities in association with these fisheries. In support of these endeavours, Pacific Island States were able to call on two regional institutions, the Secretariat of the Pacific Community (SPC) and the Pacific Islands Forum Fisheries Agency (FFA). The latter was specifically established by the Pacific Island States to support their efforts to achieve optimal benefits from the region�s tuna resource, which for some of them is the only renewable natural resource on which to base their economic development. Principally Japan, Korea, Chinese Taipei and the United States. Pacific Island States� early efforts in fisheries conservation and management were associated with the concluding sessions of the Conference on the Law of the Sea in the middle and late-1970s and early 1980s, the provisions within the resulting Convention for the creation of the EEZ regime, and the economic opportunities that flowed from that through the inclusion of large areas of tuna-rich waters under the 200-mile jurisdictions of coastal States. Cook Islands, Fiji, Federated States of Micronesia, Kiribati, Marshall Islands, Nauru, Niue, Palau, Papua New Guinea, Samoa, Solomon Islands, Tokelau, Tonga, Tuvalu, and Vanuatu (ACP members in bold text). The engagement of the Pacific Island-region territories of the USA (American Samoa, Commonwealth of Northern Marianas and Guam) and France (French Polynesia, New Caledonia, and Wallis and Futuna) has, until relatively recently, been more associated with their respective metropolitan ties. Prior to the mid 1970s, all the tuna harvested in the WCPO region were taken by distant water fishing nations (DWFNs) in high seas areas. When the Pacific Island States began establishing EEZs in the mid-1970s, it was necessary for the coastal States to negotiate fisheries access arrangements with the DWFNs, and then administer those arrangements. However, administering large, complex fisheries operating over extensive areas of ocean with the fleets based in foreign ports presented significant challenges for small, inadequately resourced national fisheries administrations with limited capacity to monitor, assess and undertake surveillance and enforcement activities in association with these fisheries. In support of these endeavours, Pacific Island States were able to call on two regional institutions, the Secretariat of the Pacific Community (SPC) and the Pacific Islands Forum Fisheries Agency (FFA). The latter was specifically established by the Pacific Island States to support their efforts to achieve optimal benefits from the region�s tuna resource, which for some of them is the only renewable natural resource on which to base their economic development. Principally Japan, Korea, Chinese Taipei and the United States.

6. Members: 14 independent Pacific Island States (all ACP members), Australia, France, New Zealand, the USA and associated territories in the Pacific region. Established in 1947; Noumea, New Caledonia. To deliver priority work programmes on natural and social resources, education, public health, etc. to Pacific Island people. Regional fisheries advisory service � Oceanic Fisheries Programme (http://www.spc.int/oceanfish). SPC-OFP is WCPFC�s science service provider and data manager. The SPC was established in 1947 as a multinational organization with its headquarters at Noumea, New Caledonia. The objectives of the SPC are: to provide a common forum within which the Island peoples and their governments can express themselves on issues, problems, needs and ideas common to the region, with a view to maintaining the opportunity for all Islands to be heard, viewed, considered and assisted on equal terms with one another; to be a vehicle for the development and implementation of the concept of regionalism; to assist in meeting the basic needs of the peoples of the region; to foster and develop means to facilitate the flow of indigenous products, technical know-how and people amongst the islands; to serve as a catalyst for development of regional resources that are beyond the capability of individual Island governments to develop; to serve as an aid-organising machine for Islands which are otherwise unable to reach aid sources outside the Islands or outside the region itself; to act as a centre for collection and dissemination of information on the needs of the region and also as a depository for such information; and to undertake such other appropriate activities as may be determined. The SPC has supported a regional fisheries advisory service since the mid-1950s. Early work focused on coastal fisheries development and extension-related activities. In the late 1960s and early 1970s, as Pacific Island States started to host live-bait pole-and-line tuna fishing operations, the SPC began to develop a capacity in tuna fisheries data collection and stock assessment. To support this, the SPC established a Tuna and Billfish Assessment Programme (now known as the Oceanic Fisheries Programme (OFP)). The OFP is an integrated programme of tuna and associated marine resource fishery data collection, synthesis, analysis, resource assessment and scientific research on behalf of its members (www.spc.int/oceanfish). The OFP is also contracted by the Western and Central Pacific Fisheries Commission (WCPFC) as its science service provider and data manager. The SPC was established in 1947 as a multinational organization with its headquarters at Noumea, New Caledonia. The objectives of the SPC are: to provide a common forum within which the Island peoples and their governments can express themselves on issues, problems, needs and ideas common to the region, with a view to maintaining the opportunity for all Islands to be heard, viewed, considered and assisted on equal terms with one another; to be a vehicle for the development and implementation of the concept of regionalism; to assist in meeting the basic needs of the peoples of the region; to foster and develop means to facilitate the flow of indigenous products, technical know-how and people amongst the islands; to serve as a catalyst for development of regional resources that are beyond the capability of individual Island governments to develop; to serve as an aid-organising machine for Islands which are otherwise unable to reach aid sources outside the Islands or outside the region itself; to act as a centre for collection and dissemination of information on the needs of the region and also as a depository for such information; and to undertake such other appropriate activities as may be determined. The SPC has supported a regional fisheries advisory service since the mid-1950s. Early work focused on coastal fisheries development and extension-related activities. In the late 1960s and early 1970s, as Pacific Island States started to host live-bait pole-and-line tuna fishing operations, the SPC began to develop a capacity in tuna fisheries data collection and stock assessment. To support this, the SPC established a Tuna and Billfish Assessment Programme (now known as the Oceanic Fisheries Programme (OFP)). The OFP is an integrated programme of tuna and associated marine resource fishery data collection, synthesis, analysis, resource assessment and scientific research on behalf of its members (www.spc.int/oceanfish). The OFP is also contracted by the Western and Central Pacific Fisheries Commission (WCPFC) as its science service provider and data manager.

7. Members: 14 independent Pacific Island States (all ACP members), Australia, New Zealand and Tokelau. Established in 1979; Honiara, Solomon Islands. Consists of the Forum Fisheries Committee (a policy making body) and the FFA Secretariat (www.ffa.int). To enable Members to manage, conserve and use the tuna resources through enhancing national capacity and strengthening regional solidarity. FFA has become internationally renowned for supporting regional cooperation and solidarity on fisheries matters from multilateral fisheries agreements to international negotiations. The FFA was established by the FFA Convention in 1979, with its headquarters located at Honiara, Solomon Islands. The Convention had been negotiated over four years commencing in 1976. The FFA consists of the Forum Fisheries Committee (the policy making body composed of fisheries ministers or their representatives) and a Secretariat, or the Agency (www.ffa.int). The functions of the Forum Fisheries Committee are to provide: policy and administrative guidance and direction for the Agency; a forum for Parties to consult together on matters of common concern in the field of fisheries; and other functions as may be necessary to give effect to the FFA Convention, including to promote intra-regional coordination and cooperation in a number of fields such as: harmonisation of policies with respect to fisheries management; relations with distant water fishing countries; surveillance and enforcement; onshore fish processing; marketing; and access to the EEZs of other Parties. The responsibilities of the FFA Secretariat include to: collect, analyse, evaluate and disseminate to Parties relevant statistical and biological information with respect to the living marine resources of the region and in particular, the highly migratory species; collect and disseminate to Parties relevant information concerning management procedures, legislation and agreements adopted by other countries both within and beyond the region; collect and disseminate to Parties relevant information on prices, shipping, processing and marketing of fish and fish products; provide, on request, to any Party technical advice and information, assistance in the development of fisheries policies and negotiations, and assistance in the issue of licences, the collection of fees or in matters pertaining to surveillance and enforcement; seek to establish working arrangements with relevant regional and international organisations; and undertake such other functions as the Committee may decide. Since its establishment, the FFA has become internationally renowned for supporting regional cooperation and solidarity on a broad range of fisheries matters. These range from multilateral fisheries partnership agreements in the region to international negotiations in the United Nations, such as throughout the Fish Stocks Conference, as well as during negotiation of the Compliance Agreement and the development of the Code of Conduct for Responsible Fisheries under the auspices of the UN Food and Agriculture Organization (FAO). The FFA was established by the FFA Convention in 1979, with its headquarters located at Honiara, Solomon Islands. The Convention had been negotiated over four years commencing in 1976. The FFA consists of the Forum Fisheries Committee (the policy making body composed of fisheries ministers or their representatives) and a Secretariat, or the Agency (www.ffa.int). The functions of the Forum Fisheries Committee are to provide: policy and administrative guidance and direction for the Agency; a forum for Parties to consult together on matters of common concern in the field of fisheries; and other functions as may be necessary to give effect to the FFA Convention, including to promote intra-regional coordination and cooperation in a number of fields such as: harmonisation of policies with respect to fisheries management; relations with distant water fishing countries; surveillance and enforcement; onshore fish processing; marketing; and access to the EEZs of other Parties. The responsibilities of the FFA Secretariat include to: collect, analyse, evaluate and disseminate to Parties relevant statistical and biological information with respect to the living marine resources of the region and in particular, the highly migratory species; collect and disseminate to Parties relevant information concerning management procedures, legislation and agreements adopted by other countries both within and beyond the region; collect and disseminate to Parties relevant information on prices, shipping, processing and marketing of fish and fish products; provide, on request, to any Party technical advice and information, assistance in the development of fisheries policies and negotiations, and assistance in the issue of licences, the collection of fees or in matters pertaining to surveillance and enforcement; seek to establish working arrangements with relevant regional and international organisations; and undertake such other functions as the Committee may decide. Since its establishment, the FFA has become internationally renowned for supporting regional cooperation and solidarity on a broad range of fisheries matters. These range from multilateral fisheries partnership agreements in the region to international negotiations in the United Nations, such as throughout the Fish Stocks Conference, as well as during negotiation of the Compliance Agreement and the development of the Code of Conduct for Responsible Fisheries under the auspices of the UN Food and Agriculture Organization (FAO).

8. In 1980, soon after the establishment of the FFA, a group of eight FFA-member States whose contiguous EEZs hosted almost 75 per cent of tuna fishing operations in the Pacific Islands region of the WCPO at that time, decided to establish a sub-regional group to advance their common interests in developing the economic potential of tuna fisheries in their region. This concept was further developed and treaty text establishing the PNA was adopted in 1982. In 1980, soon after the establishment of the FFA, a group of eight FFA-member States whose contiguous EEZs hosted almost 75 per cent of tuna fishing operations in the Pacific Islands region of the WCPO at that time, decided to establish a sub-regional group to advance their common interests in developing the economic potential of tuna fisheries in their region. This concept was further developed and treaty text establishing the PNA was adopted in 1982.

9. Working effectively as a small group of like-minded States, the PNA developed and implemented several important tools, many of which were eventually adopted by the full FFA membership, and the principles for some of which were eventually incorporated into subsequent global fisheries arrangements. The FFA Secretariat also serves as the Secretariat to the PNA. Working effectively as a small group of like-minded States, the PNA developed and implemented several important tools, many of which were eventually adopted by the full FFA membership, and the principles for some of which were eventually incorporated into subsequent global fisheries arrangements. The FFA Secretariat also serves as the Secretariat to the PNA.

10. Nauru Agreement: a subregional agreement on terms and conditions for tuna purse seine fishing licenses in the region, adopted at Nauru in 1982. PNA EEZs consisted of almost 75% of tuna fishing operations in early 1980s � rich fishing grounds: Three subsidiary arrangements implementing the Nauru Agreement (1982, 1990, and 2008); The Palau Arrangement (1992); and The FSM Arrangement (1994). The PNA produced several umbrella arrangements concerning the terms and conditions for fisheries access: i) three subsidiary arrangements implementing the Nauru Agreement, ii) the Palau Arrangement, and iii) the Federated States of Micronesia Arrangement. The PNA produced several umbrella arrangements concerning the terms and conditions for fisheries access: i) three subsidiary arrangements implementing the Nauru Agreement, ii) the Palau Arrangement, and iii) the Federated States of Micronesia Arrangement.

11. The Regional Register of foreign fishing vessels � adopted by FFA and become operational in 1988. Applied the concept of �good standing� to be eligible for licensing Harmonized minimum terms and conditions of access for foreign fishing vessels. Includes vessel identification, catch and position reporting, transhipment reporting, daily catch and effort reporting, the deployment of observers, appointment of local representatives or agents, and requirements for foreign fishing vessels in transit. In 2009, the RREG, now known as the FFA Vessel Register, remains an important tool for encouraging compliance by bilateral and multilateral fisheries partners licensed to fish in the EEZs of FFA members. Also, to obtain good standing, a vessel must be fitted with a functioning Mobile Transceiver Unit reporting to the FFA Vessel Monitoring System (FFA VMS). Harmonized Minimum Terms and Conditions of Access for Foreign Fishing Vessels (MTCs) The MTCs are another significant component of the PNA�s First Implementing Arrangement that was also eventually taken up by the broader FFA membership. The original MTCs consisted of rules which the FFA member States agreed to require of foreign fishing vessels as a condition of their bilateral licensing arrangements with DWFNs. These conditions stipulate uniform requirements for vessel identification, catch and position reporting, transhipment reporting requirements, daily catch and effort reporting, the deployment of observers, appointment of local representatives or agents, and requirements for foreign fishing vessels in transit. In 2009, the RREG, now known as the FFA Vessel Register, remains an important tool for encouraging compliance by bilateral and multilateral fisheries partners licensed to fish in the EEZs of FFA members. Also, to obtain good standing, a vessel must be fitted with a functioning Mobile Transceiver Unit reporting to the FFA Vessel Monitoring System (FFA VMS). Harmonized Minimum Terms and Conditions of Access for Foreign Fishing Vessels (MTCs) The MTCs are another significant component of the PNA�s First Implementing Arrangement that was also eventually taken up by the broader FFA membership. The original MTCs consisted of rules which the FFA member States agreed to require of foreign fishing vessels as a condition of their bilateral licensing arrangements with DWFNs. These conditions stipulate uniform requirements for vessel identification, catch and position reporting, transhipment reporting requirements, daily catch and effort reporting, the deployment of observers, appointment of local representatives or agents, and requirements for foreign fishing vessels in transit.

12. Prohibition of transhipment at sea. High seas catch reporting and maintenance of log books. Recording catch and effort on a daily basis. Placement of observers upon request by a licensing Party. Request for an electronic position and data transfer device to be installed on the vessel. A Second Arrangement Implementing the Nauru Agreement Setting Forth Additional Terms and Conditions of Access to the Fisheries Zones of the Parties The 1990 Implementing Arrangement included prohibition of transhipment at sea, high seas catch reporting and maintenance of log books, recording catch and effort on a daily basis, and placement of observers upon request by a licensing Party. This arrangement also requested an appropriate electronic position and data transfer device be installed on the vessel. A Second Arrangement Implementing the Nauru Agreement Setting Forth Additional Terms and Conditions of Access to the Fisheries Zones of the Parties The 1990 Implementing Arrangement included prohibition of transhipment at sea, high seas catch reporting and maintenance of log books, recording catch and effort on a daily basis, and placement of observers upon request by a licensing Party. This arrangement also requested an appropriate electronic position and data transfer device be installed on the vessel.

13. Catch retention of bigeye, skipjack and yellowfin tuna. No deployment of fish aggregating devices (FADs) during the third quarter of each year. Closure of fishing in the two high seas pockets as a condition of a bilateral licence. 100% observer coverage for foreign purse seine vessels and operation of a satellite-based vessel monitoring system (VMS). A Third Arrangement Implementing the Nauru Agreement Setting Fourth Additional Terms and Conditions of Access to the Fisheries Zones of the Parties In May 2008 the PNA adopted a Third Implementing Arrangement relating to the implementation of conservation and management measures within their EEZs including catch retention of bigeye, skipjack and yellowfin tuna; no deployment of fish aggregating devices during the third quarter of each year; closure of fishing in the two high seas pockets as a condition of a bilateral licence; 100 per cent observer coverage for foreign purse seine vessels and operation of a satellite-based vessel monitoring system. A Third Arrangement Implementing the Nauru Agreement Setting Fourth Additional Terms and Conditions of Access to the Fisheries Zones of the Parties In May 2008 the PNA adopted a Third Implementing Arrangement relating to the implementation of conservation and management measures within their EEZs including catch retention of bigeye, skipjack and yellowfin tuna; no deployment of fish aggregating devices during the third quarter of each year; closure of fishing in the two high seas pockets as a condition of a bilateral licence; 100 per cent observer coverage for foreign purse seine vessels and operation of a satellite-based vessel monitoring system.

14. The Palau Arrangement for the Management of the Western Pacific Purse Seine Fishery and the Vessel Day Scheme (VDS) The 1992 Palau Arrangement established a cap on the number of purse seiners (205 vessels) that PNA members could, as a whole, license to operate within their EEZs. The majority of licences were allocated by the PNA to the traditional DWFN partners, along with an allocation reserved for domestic vessels and foreign, locally-based vessels of the Parties. In the early 2000s, the PNA commenced a review of the Palau Arrangement with the objective of establishing additional measures that would increase the potential for leveraging improved economic benefits from the purse seine fishery within their EEZs. This review led to the adoption of the VDS, which came into effect in January 2007. The decision to establish the VDS abolished the cap on vessel numbers and established a Total Allowable Effort (TAE), in fishing days, for purse seine operations within the EEZ of each PNA member. PNA members may trade days among themselves though a specific trading framework has not yet been developed. This allows PNA members to take advantage of migration of the fishery through the region in response to environmental and other influences. One of the key principles underlying the VDS is that by limiting the number of days available to fish in the region, competition among the purse seine fleets, and vessels, will increase, and so a premium on access will be leveraged. The Palau Arrangement for the Management of the Western Pacific Purse Seine Fishery and the Vessel Day Scheme (VDS) The 1992 Palau Arrangement established a cap on the number of purse seiners (205 vessels) that PNA members could, as a whole, license to operate within their EEZs. The majority of licences were allocated by the PNA to the traditional DWFN partners, along with an allocation reserved for domestic vessels and foreign, locally-based vessels of the Parties. In the early 2000s, the PNA commenced a review of the Palau Arrangement with the objective of establishing additional measures that would increase the potential for leveraging improved economic benefits from the purse seine fishery within their EEZs. This review led to the adoption of the VDS, which came into effect in January 2007. The decision to establish the VDS abolished the cap on vessel numbers and established a Total Allowable Effort (TAE), in fishing days, for purse seine operations within the EEZ of each PNA member. PNA members may trade days among themselves though a specific trading framework has not yet been developed. This allows PNA members to take advantage of migration of the fishery through the region in response to environmental and other influences. One of the key principles underlying the VDS is that by limiting the number of days available to fish in the region, competition among the purse seine fleets, and vessels, will increase, and so a premium on access will be leveraged.

15. A mechanism for domestic vessels of the PNA to access the fishing resources of other parties. Objectives Provide access for domestic vessels to Parties� waters on terms no less favourable than those granted to DWFNs; Secure maximum sustainable economic benefits from tuna resources; Promote greater participation by nationals of Parties in fisheries and assist in development of national fisheries industries. Federated States of Micronesia (FSM) Arrangement for Regional Fisheries Access The FSM Arrangement (1994) provides for preferential access to qualifying fishing vessels to the EEZs of PNA members. The FSM Arrangement is intended to promote the domestic development of tuna fisheries in the Pacific Islands region by providing investors with preferential terms of fisheries access compared to foreign-based fishing fleets. Federated States of Micronesia (FSM) Arrangement for Regional Fisheries Access The FSM Arrangement (1994) provides for preferential access to qualifying fishing vessels to the EEZs of PNA members. The FSM Arrangement is intended to promote the domestic development of tuna fisheries in the Pacific Islands region by providing investors with preferential terms of fisheries access compared to foreign-based fishing fleets.

16. Harmonization of fisheries access among members; Strengthening individual and joint negotiating positions; Reduced capacity for DWFNs to play one coastal State off against a neighbouring State; Collaborative efforts to promote Island-based domestic tuna industries; and Improved data collections for economic and biological assessments. In summary, the benefits from the establishment of the PNA included: harmonization of fisheries access arrangements among the coastal States involved; sharing of logistical and operational information to strengthen individual and joint negotiating positions; reduced capacity for DWFNs to play one coastal State off against a neighbouring State; mutually supportive collaborative efforts to promote the development of Pacific Island-based domestic tuna industries; and improved data from fisheries operations to support economic and biological assessments of fishing operations and the dynamics of the fishery. In summary, the benefits from the establishment of the PNA included: harmonization of fisheries access arrangements among the coastal States involved; sharing of logistical and operational information to strengthen individual and joint negotiating positions; reduced capacity for DWFNs to play one coastal State off against a neighbouring State; mutually supportive collaborative efforts to promote the development of Pacific Island-based domestic tuna industries; and improved data from fisheries operations to support economic and biological assessments of fishing operations and the dynamics of the fishery.

17. Co-operation on Fisheries Surveillance and Law Enforcement (The Niue Treaty) The FFA member States have also adopted a regional approach to fisheries enforcement and surveillance through the Treaty on Cooperation in Surveillance and Fisheries Law Enforcement in the South Pacific Region. The Niue Treaty provides a framework for the FFA member States to negotiate bilateral or subregional agreements that would allow their vessels to undertake fisheries surveillance and enforcement activities in the EEZs of other Parties. In addition, during the last 25 years, Australia has provided Pacific Island (States) countries with ocean-going patrol vessels, and the personnel and technical assistance to help maintain them. Although these vessels are reported to only average 57 sea days per year, due to limited funds available to beneficiary governments to support more extensive sea time, these vessels have contributed to an increased capacity by Pacific Island (States) countries to undertake monitoring and enforcement activity within their EEZs. Bilateral Law Enforcement Agreements (Bilateral Ship Rider Agreements) In the last few years, several Pacific Island States have entered into bilateral ship rider agreements with the USA, which have similar provisions to the Niue Treaty and extend to the operation of US Coast Guard and naval assets in the Pacific Islands region. Palau became the first country in the Pacific to sign a permanent ship rider agreement with the United States in April 2008. This bilateral agreement authorises the Island State�s law enforcement officers to board US Coast Guard ships during operations against maritime transnational crime and illegal fishing within the Palau EEZ. Co-operation on Fisheries Surveillance and Law Enforcement (The Niue Treaty) The FFA member States have also adopted a regional approach to fisheries enforcement and surveillance through the Treaty on Cooperation in Surveillance and Fisheries Law Enforcement in the South Pacific Region. The Niue Treaty provides a framework for the FFA member States to negotiate bilateral or subregional agreements that would allow their vessels to undertake fisheries surveillance and enforcement activities in the EEZs of other Parties. In addition, during the last 25 years, Australia has provided Pacific Island (States) countries with ocean-going patrol vessels, and the personnel and technical assistance to help maintain them. Although these vessels are reported to only average 57 sea days per year, due to limited funds available to beneficiary governments to support more extensive sea time, these vessels have contributed to an increased capacity by Pacific Island (States) countries to undertake monitoring and enforcement activity within their EEZs. Bilateral Law Enforcement Agreements (Bilateral Ship Rider Agreements) In the last few years, several Pacific Island States have entered into bilateral ship rider agreements with the USA, which have similar provisions to the Niue Treaty and extend to the operation of US Coast Guard and naval assets in the Pacific Islands region. Palau became the first country in the Pacific to sign a permanent ship rider agreement with the United States in April 2008. This bilateral agreement authorises the Island State�s law enforcement officers to board US Coast Guard ships during operations against maritime transnational crime and illegal fishing within the Palau EEZ.

18. The US Treaty enables US purse seine fishing vessels to fish in the waters of the 16 Pacific Island Parties . The US Treaty first started in 1987, with the last renewal in 2003 and to run for 10 years until 2013. U.S. fishing industry paid almost $3 million to the FFA member States for the right to harvest tuna in the South Pacific, in addition to the U.S. Government�s contribution of $18 million annually under the Treaty. The multilateral Treaty on Fisheries between the Government of Certain Pacific Island States and the Government of the United States (the Treaty on Fisheries) One of the most significant regional fisheries developments in the mid-1980s was the negotiation of a multilateral treaty between Pacific Island States and the USA regarding fisheries access. This treaty ended a protracted dispute between the Pacific Island States and the USA concerning jurisdiction over tuna. The Treaty incorporated the MTCs under which US-flag purse seine vessels would operate in the EEZs of FFA member States. The Treaty on Fisheries is now in its 21st year of operation and negotiations concerning the arrangements that will be put in place at the conclusion of the current Treaty term in 2013 will commence in late 2009. The multilateral Treaty on Fisheries between the Government of Certain Pacific Island States and the Government of the United States (the Treaty on Fisheries) One of the most significant regional fisheries developments in the mid-1980s was the negotiation of a multilateral treaty between Pacific Island States and the USA regarding fisheries access. This treaty ended a protracted dispute between the Pacific Island States and the USA concerning jurisdiction over tuna. The Treaty incorporated the MTCs under which US-flag purse seine vessels would operate in the EEZs of FFA member States. The Treaty on Fisheries is now in its 21st year of operation and negotiations concerning the arrangements that will be put in place at the conclusion of the current Treaty term in 2013 will commence in late 2009.

19. Collaboration between SPC and FFA: SPC-OFP provides the data assimilation and stock appraisal information and advice; FFA provides complementary market, economic, policy and management advice. Significant gaps in fisheries management in the high seas and East Asia/West Pacific States region. Article III(2) of the FFA Convention: ��require the establishment of additional international machinery to provide for co-operation between all coastal States in the region and all States involved in the harvesting of such resources.� Although the SPC has a broader membership that includes metropolitan countries and their Pacific territories, all Pacific Island States are members of both the SPC and FFA. The delineation of responsibilities between the two organizations in relation to tuna has always been well understood and supported. The SPC, through the OFP, provides data assimilation and stock appraisal information and advice while the FFA Secretariat provides complementary market, economic, policy and fisheries management advice. Both organisations coordinate their activities closely through joint participation in regional meetings involving their members, as well as through more formal annual consultations between the Secretariats under the framework of an MOU. Such consultations generally review the work programme for the two organisations and identify key areas where cooperation could be enhanced. The SPC and the FFA also conduct regular joint workshops or other capacity building initiatives for representatives from Pacific Island States in areas such as the harmonisation of fisheries law and policy, access negotiations, national fisheries development projects, joint ventures, enforcement and surveillance, and the training of fisheries observers. Through the 1980s and 1990s, the effectiveness of the FFA group in conserving and managing the regional tuna resource was limited because significant gaps existed in the management of fisheries in the high seas and East Asia/West Pacific States region, particularly Indonesia and Philippines. The tuna stocks found within the EEZs of FFA members extend their distribution far beyond the Pacific Islands region to the high seas and East Asia. Thus, the lack of an organisation that included members from the major DWFNs that operated in the region and Indonesia and Philippines constrained efforts to effectively manage the region�s tuna stocks. Although the broad objective of the FFA Convention is concerned with cooperation and harmonisation of FFA collaborative arrangements for conservation and optimal utilisation of regional tuna stocks within the FFA region, it also recognises, at Article III(2), that: Without prejudice to paragraph (1) of this Article the Parties recognise that effective co-operation for the conservation and optimum utilisation of the highly migratory species of the region will require the establishment of additional international machinery to provide for co-operation between all coastal States in the region and all States involved in the harvesting of such resources. Although the SPC has a broader membership that includes metropolitan countries and their Pacific territories, all Pacific Island States are members of both the SPC and FFA. The delineation of responsibilities between the two organizations in relation to tuna has always been well understood and supported. The SPC, through the OFP, provides data assimilation and stock appraisal information and advice while the FFA Secretariat provides complementary market, economic, policy and fisheries management advice. Both organisations coordinate their activities closely through joint participation in regional meetings involving their members, as well as through more formal annual consultations between the Secretariats under the framework of an MOU. Such consultations generally review the work programme for the two organisations and identify key areas where cooperation could be enhanced. The SPC and the FFA also conduct regular joint workshops or other capacity building initiatives for representatives from Pacific Island States in areas such as the harmonisation of fisheries law and policy, access negotiations, national fisheries development projects, joint ventures, enforcement and surveillance, and the training of fisheries observers. Through the 1980s and 1990s, the effectiveness of the FFA group in conserving and managing the regional tuna resource was limited because significant gaps existed in the management of fisheries in the high seas and East Asia/West Pacific States region, particularly Indonesia and Philippines. The tuna stocks found within the EEZs of FFA members extend their distribution far beyond the Pacific Islands region to the high seas and East Asia. Thus, the lack of an organisation that included members from the major DWFNs that operated in the region and Indonesia and Philippines constrained efforts to effectively manage the region�s tuna stocks. Although the broad objective of the FFA Convention is concerned with cooperation and harmonisation of FFA collaborative arrangements for conservation and optimal utilisation of regional tuna stocks within the FFA region, it also recognises, at Article III(2), that: Without prejudice to paragraph (1) of this Article the Parties recognise that effective co-operation for the conservation and optimum utilisation of the highly migratory species of the region will require the establishment of additional international machinery to provide for co-operation between all coastal States in the region and all States involved in the harvesting of such resources.

20. During the 1980s, distant water fishing partners, notably Japan and the USA, had made numerous approaches to Pacific Island States to discuss potential collaborative arrangements for the conservation and management of WCPO tuna. These had been resisted because the Pacific Island States were of the view that small island developing States such as themselves, had not been well served by the arrangements that were in place in tuna RFMOs established in other oceans at the time. As a result, they were not inclined to use these existing arrangements as a model for the WCPO as was being promoted by their distant water partners. Following the Rio Earth Summit in 1992, and the commitment at that Summit to convene an international conference to address concerns associated with management and conservation of high seas fish stocks, FFA member countries invited their distant water fishing partners to a Multilateral High-Level Conference (MHLC) at Honiara, Solomon Islands in 1994 to discuss options for promoting cooperation on the conservation and management of WCPO tuna stocks. This resulted in the FFA establishing a strategic planning group to consider future management arrangement options and to prepare FFA members for the possible development of a broad multilateral arrangement to manage WCPO tuna stocks. Following the 1994 conference at Honiara, the Pacific Island States stalled further discussion on potential collaborative arrangements pending the outcomes of the conference called for at Rio � the UN Conference on Conservation and Management Arrangements for Straddling Fish Stocks and Highly Migratory Fish Stocks (1992-1995). The UN Convention for the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks subsequently provided a framework for discussing conservation and management arrangements for WCPO tuna stocks with distant water fishing partners that was generally acceptable to Pacific Island States. Subsequently, a second MHLC was held at Majuro, Republic of Marshall Islands in June 1997. The conference resulted in the �Majuro Declaration� which declared a commitment to establish a mechanism for the conservation and management of highly migratory fish stocks in the WCPO. The declaration outlined a timeframe for the establishment of the �mechanism� and specific issues to be addressed during the implementation process. A further five MHLCs were held between 1998 and 2000 culminating in the adoption of the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean. Simultaneously, the participants in the MHLC adopted a 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 (PrepCon). The task of the PrepCon was to lay the groundwork for the establishment of the Commission and to ensure that no vacuum existed in the period between adoption of the Convention and its entry into force. Specifically, the PrepCon was to establish the organizational and financial framework for the new Commission and its subsidiary bodies, as well as facilitate the future work of the Commission. It also started to formalise the process of collecting and analyzing data on the status of the fish stocks and had the mandate to recommend conservation and management measures. During the 1980s, distant water fishing partners, notably Japan and the USA, had made numerous approaches to Pacific Island States to discuss potential collaborative arrangements for the conservation and management of WCPO tuna. These had been resisted because the Pacific Island States were of the view that small island developing States such as themselves, had not been well served by the arrangements that were in place in tuna RFMOs established in other oceans at the time. As a result, they were not inclined to use these existing arrangements as a model for the WCPO as was being promoted by their distant water partners. Following the Rio Earth Summit in 1992, and the commitment at that Summit to convene an international conference to address concerns associated with management and conservation of high seas fish stocks, FFA member countries invited their distant water fishing partners to a Multilateral High-Level Conference (MHLC) at Honiara, Solomon Islands in 1994 to discuss options for promoting cooperation on the conservation and management of WCPO tuna stocks. This resulted in the FFA establishing a strategic planning group to consider future management arrangement options and to prepare FFA members for the possible development of a broad multilateral arrangement to manage WCPO tuna stocks. Following the 1994 conference at Honiara, the Pacific Island States stalled further discussion on potential collaborative arrangements pending the outcomes of the conference called for at Rio � the UN Conference on Conservation and Management Arrangements for Straddling Fish Stocks and Highly Migratory Fish Stocks (1992-1995). The UN Convention for the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks subsequently provided a framework for discussing conservation and management arrangements for WCPO tuna stocks with distant water fishing partners that was generally acceptable to Pacific Island States. Subsequently, a second MHLC was held at Majuro, Republic of Marshall Islands in June 1997. The conference resulted in the �Majuro Declaration� which declared a commitment to establish a mechanism for the conservation and management of highly migratory fish stocks in the WCPO. The declaration outlined a timeframe for the establishment of the �mechanism� and specific issues to be addressed during the implementation process. A further five MHLCs were held between 1998 and 2000 culminating in the adoption of the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean. Simultaneously, the participants in the MHLC adopted a 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 (PrepCon). The task of the PrepCon was to lay the groundwork for the establishment of the Commission and to ensure that no vacuum existed in the period between adoption of the Convention and its entry into force. Specifically, the PrepCon was to establish the organizational and financial framework for the new Commission and its subsidiary bodies, as well as facilitate the future work of the Commission. It also started to formalise the process of collecting and analyzing data on the status of the fish stocks and had the mandate to recommend conservation and management measures.

21. The WCPF Convention, that entered into force on 19 June 2004, generally reflects the provisions of the UN Fish Stocks Agreement (UNFSA) while at the same time, reflecting the special political, socio-economic, geographical and environmental characteristics of the WCPO region. The WCPF Convention seeks to address problems in the management of high seas fisheries resulting from unregulated fishing, over-capitalization, excessive fleet capacity, vessel re-flagging to escape controls, insufficiently selective gear, unreliable databases and insufficient multilateral cooperation in respect of conservation and management of highly migratory fish stocks. It incorporates UN Fish Stock provisions concerning a precautionary approach to conservation and management, ecosystem considerations and decision making based on the best available scientific information. A framework for the participation of fishing entities in the Commission which legally binds fishing entities to the provisions of the Convention, participation by territories and possessions in the work of the Commission, recognition of special requirements of small island developing States, and cooperation with other Regional Fisheries Management Organizations (RFMO) whose respective areas of competence overlap with the WCPFC, reflect the unique geo-political environment in which the Commission operates. The WCPF Convention establishes four subsidiary bodies to support the work of the Commission: Scientific Committee, Technical and Compliance Committee, Northern Committee, and Finance and Administration Committee. The meetings of the subsidiary bodies take place once each year and are followed by a full session of the Commission at the end of the year. In addition, in 2006, the Commission established an ad-hoc task group to develop the Commission�s data management policies and in 2007, an inter-sessional working group was established to develop the WCPFC Regional Observer Programme. In 2009 the Commission has 25 Members, seven (7) participating territories and five (5) Cooperating non-members.The WCPF Convention, that entered into force on 19 June 2004, generally reflects the provisions of the UN Fish Stocks Agreement (UNFSA) while at the same time, reflecting the special political, socio-economic, geographical and environmental characteristics of the WCPO region. The WCPF Convention seeks to address problems in the management of high seas fisheries resulting from unregulated fishing, over-capitalization, excessive fleet capacity, vessel re-flagging to escape controls, insufficiently selective gear, unreliable databases and insufficient multilateral cooperation in respect of conservation and management of highly migratory fish stocks. It incorporates UN Fish Stock provisions concerning a precautionary approach to conservation and management, ecosystem considerations and decision making based on the best available scientific information. A framework for the participation of fishing entities in the Commission which legally binds fishing entities to the provisions of the Convention, participation by territories and possessions in the work of the Commission, recognition of special requirements of small island developing States, and cooperation with other Regional Fisheries Management Organizations (RFMO) whose respective areas of competence overlap with the WCPFC, reflect the unique geo-political environment in which the Commission operates. The WCPF Convention establishes four subsidiary bodies to support the work of the Commission: Scientific Committee, Technical and Compliance Committee, Northern Committee, and Finance and Administration Committee. The meetings of the subsidiary bodies take place once each year and are followed by a full session of the Commission at the end of the year. In addition, in 2006, the Commission established an ad-hoc task group to develop the Commission�s data management policies and in 2007, an inter-sessional working group was established to develop the WCPFC Regional Observer Programme. In 2009 the Commission has 25 Members, seven (7) participating territories and five (5) Cooperating non-members.

22. The WCPFC Secretariat is located at Kolonia, Pohnpei State, Federated States of Micronesia. The WCPFC Secretariat is located at Kolonia, Pohnpei State, Federated States of Micronesia.

23. SPC and FFA Secretariat supported FFA member States throughout the MHLC and PrepCon processes. This support has continued and has been enhanced during the WCPFC meetings. FFA Secretariat views support as important part of its efforts to increase national capacity and strengthen regional solidarity. Throughout the entire MHLC and PrepCon processes the SPC and the FFA Secretariat provided support to FFA member States in the form of briefing materials for each MHLC and PrepCon meeting agenda item and the organisation of planning meetings prior to and during each MHLC and PrepCon meeting.� This level of support has continued without interruption during the WCPFC meetings that commenced following the coming into force of the WCPF Convention and has been enhanced by the addition of an annual series of sub-regional fisheries management workshops, coordinated by the FFA Secretariat.� The FFA Secretariat views this support as an important part of its ongoing efforts to increase national capacity in FFA member States and strengthen regional solidarity so that these States can fully participate in the WCPFC. Throughout the entire MHLC and PrepCon processes the SPC and the FFA Secretariat provided support to FFA member States in the form of briefing materials for each MHLC and PrepCon meeting agenda item and the organisation of planning meetings prior to and during each MHLC and PrepCon meeting.� This level of support has continued without interruption during the WCPFC meetings that commenced following the coming into force of the WCPF Convention and has been enhanced by the addition of an annual series of sub-regional fisheries management workshops, coordinated by the FFA Secretariat.� The FFA Secretariat views this support as an important part of its ongoing efforts to increase national capacity in FFA member States and strengthen regional solidarity so that these States can fully participate in the WCPFC.

24. In a period now approaching 30 years, Pacific Island States, the majority of which are ACP Members, working with the support of two Pacific Island-based regional organisations, the SPC and the FFA, have proactively developed collaborative administrative, and conservation and management arrangements that are gradually resulting in the realisation of goals they agreed amongst themselves in the late 1970s � to establish arrangements that support the conservation and optimal utilisation of the region�s valuable tuna stocks. Although early efforts were focused amongst a relatively small sub-regional group of eight Pacific Island States, multilateral arrangements for the conservation and management of shared regional tuna resources now include 32 nations and territories representing a diverse range of political, social and economic circumstances. The support provided by the FFA and SPC to Pacific Island countries through the last two decades of the last century continues to be a major driver for the effective engagement of Pacific Island States in the new institutional environment of the WCPFC. Both institutions support their membership in participating in decision-making at the Commission, at all levels, assessing the implications of conservation and management measures, and in providing advice and assistance, as appropriate, to implement the Commission�s decisions. It has been long-recognised that the strong cooperation evident among coastal States in the WCPO is heavily influenced by the fact that a significant proportion of the tuna fishery occurs within these States� EEZs, in contrast with other ocean regions. However, as coastal States, including ACP members, implement their development aspirations for fisheries in the high seas adjacent to their respective EEZs, organisations similar to the FFA and SPC will be invaluable in providing the level of support required for the coastal States� effective participation, including decision-making on institutional reform, in the RFMOs of which they are members. Approximately 82 per cent of the WCPO tuna catch is taken within the EEZs of FFA members. In a period now approaching 30 years, Pacific Island States, the majority of which are ACP Members, working with the support of two Pacific Island-based regional organisations, the SPC and the FFA, have proactively developed collaborative administrative, and conservation and management arrangements that are gradually resulting in the realisation of goals they agreed amongst themselves in the late 1970s � to establish arrangements that support the conservation and optimal utilisation of the region�s valuable tuna stocks. Although early efforts were focused amongst a relatively small sub-regional group of eight Pacific Island States, multilateral arrangements for the conservation and management of shared regional tuna resources now include 32 nations and territories representing a diverse range of political, social and economic circumstances. The support provided by the FFA and SPC to Pacific Island countries through the last two decades of the last century continues to be a major driver for the effective engagement of Pacific Island States in the new institutional environment of the WCPFC. Both institutions support their membership in participating in decision-making at the Commission, at all levels, assessing the implications of conservation and management measures, and in providing advice and assistance, as appropriate, to implement the Commission�s decisions. It has been long-recognised that the strong cooperation evident among coastal States in the WCPO is heavily influenced by the fact that a significant proportion of the tuna fishery occurs within these States� EEZs, in contrast with other ocean regions. However, as coastal States, including ACP members, implement their development aspirations for fisheries in the high seas adjacent to their respective EEZs, organisations similar to the FFA and SPC will be invaluable in providing the level of support required for the coastal States� effective participation, including decision-making on institutional reform, in the RFMOs of which they are members. Approximately 82 per cent of the WCPO tuna catch is taken within the EEZs of FFA members.