[Senate Treaty Document 105-53]
[From the U.S. Government Publishing Office]
105th Congress Treaty Doc.
SENATE
2d Session 105-53
_______________________________________________________________________
TREATY WITH NIUE ON DELIMITATION OF A MARITIME BOUNDARY
__________
MESSAGE
from
THE PRESIDENT OF THE UNITED STATES
transmitting
TREATY BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE
GOVERNMENT OF NIUE ON THE DELIMITATION OF A MARITIME BOUNDARY, SIGNED
IN WELLINGTON ON MAY 13, 1997
June 23, 1998.--Treaty was read the first time, and together with the
accompanying papers, referred to the Committee on Foreign Relations and
ordered to be printed for the use of the Senate
LETTER OF TRANSMITTAL
----------
The White House, June 23, 1998.
To the Senate of the United States:
I transmit herewith, for advice and consent of the Senate
to ratification, the Treaty Between the Government of the
United States of America and the Government of Niue on the
Delimitation of a Maritime Boundary. The Treaty was signed in
Wellington May 13, 1997. The report of the Department of State
is enclosed for the information of the Senate.
The sole purpose of the Treaty is to establish a maritime
boundary in the South Pacific Ocean between the United States
territory of American Samoa and Niue. The 279-mile boundary
runs in a general east-west direction, with the United States
islands of American Samoa to the north, and Niue to the south.
The boundary defines the limit within which the United States
and Niue may exercise maritime jurisdiction, which includes
fishery and other exclusive economic zone jurisdiction.
Niue is in free association with New Zealand. Although it
is self-governing on internal matters, Niue conducts its
foreign affairs in conjunction with New Zealand. Niue has
declared, and does manage, its exclusive economic zone.
Therefore, the United States requested, and received,
confirmation from New Zealand that the Government of Niue had
the requisite competence to enter into this agreement with the
United States and to undertake the obligations contained
therein.
I believe this Treaty to be fully in the interest of the
United States. It reflects the tradition of cooperation and
close ties with Niue in this region. This boundary was never
disputed.
I recommend that the Senate give early and favorable
consideration to this Treaty and advice and consent to
ratification.
William J. Clinton.
LETTER OF SUBMITTAL
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Department of State,
Washington, May 27, 1998.
The President
The White House.
The President: I have the honor to submit to you, with a
view to the transmittal to the Senate for its advice and
consent to ratification, the Treaty between the Government of
the United States and the Government of Niue on the
Delimitation of a Maritime Boundary. This treaty was signed at
Wellington, May 13, 1997. For the purpose of illustration only,
the boundary has been drawn on a map attached to the treaty.
The maritime boundary treaty defines the limit within which
each Party may exercise fishery and other exclusive economic
zone (EEZ) jurisdiction in an area where their claimed 200
nautical mile zones would otherwise overlap,
On March 1, 1997, the United States enacted the Fishery
Conservation and Management Act of 1976, which established a
fisheries zone contiguous to the territorial sea of the United
States, including the territorial sea around American Samoa. As
published in the Federal Register the United States claimed
fishery zone adjacent to American Samoa as a line equally
distant from American Samoa and its neighbors. In 1983, this
became the limit of the United States exclusive economic zone.
The Government of Niue first claimed an exclusive economic
zone by Act No. 38, effective April 1, 1978. It reiterated its
EEZ claim when it enacted the Territorial Sea and Exclusive
Economic Zone act of 1996, which entered into force April 7,
1997.
In 1980, the United States concluded maritime boundary
treaties with the Cook Islands an with New Zealand (on behalf
of Tokelau) that established maritime boundaries to the east
and to the north of American Samoa, respectively. Equidistant
lines formed the bases for these boundaries. Following the
exchange of instruments of ratification, the boundary treaty
with New Zealand entered into force on September 3, 1983; the
boundary treaty with the Cook Islands entered into force on
September 8, 1983.
In the early 1980s, the Government of the United States and
Niue agreed, in principle, that a maritime boundary should be
established based on an equidistant line calculated from all
relevant territories. No special circumstances exist in the
boundary region. The water is deep in this area, and no
particular resource issue was identified that required a
deviation from an equidistant line.
Both Parties recognized, however, that new coastal geodetic
positioning survey work was required for both the American
Samoan islands and Niue in order to update existing
information, and to place all relevant coastlines on a common
datum. Technical work was conducted by both sides during the
1980s and early 1990s. Positioning of coastal areas was placed
on the more accurate World Geodetic System 1984 (``WGS 84'')
andthe North American Datum 1983 (``NAD 83''). For the purposes
of calculating this boundary, both datums were considered identical.
Prior to signature of the treaty, the political status of
Niue was also addressed. Niue is in free association with New
Zealand. While Niue is self-governing on internal matters, it
conducts its foreign affairs in conjunction with New Zealand.
Niue has declared, and does manage, its exclusive economic
zone. Therefore, the United States requested, and received,
confirmation from New Zealand that the Government of Niue had
the competence to enter into this agreement with the United
States.
The treaty consists of seven articles. Article I states
that the sole purpose of this treaty is to establish a maritime
boundary in the South Pacific between the United States (with
respect to American Samoa) and Niue. Article II sets out the
technical parameters of the treaty stating that for the purpose
of this treaty the North American Datum 1983 (``NAD 83'') and
the World Geodetic System 1984 (``WGS 84'') are considered
identical. Further, the article states that, for the purpose of
illustration, a map depicting the boundary is attached to the
treaty.
Article III lists the 19 turning and terminal points
defining the maritime boundary. Article IV sets forth the
agreements of the Parties that, north of the boundary, Niue
will not, and, south of the boundary, the United States will
not, ``claim or exercise for any purpose sovereignty, sovereign
rights, or jurisdiction with respect to the waters or seabed or
subsoil.''
Article V provides that the establishment of the boundary
will not affect or prejudice either side's position with
``respect to the rules of international law relating to the law
of the sea, including those concerned with the exercise of
sovereignty, sovereign rights, or jurisdiction with respect to
the waters or seabed or subsoil.''
Article VI sets forth the agreement of the Parties that any
dispute arising from the interpretation or application of the
treaty will be resolved by negotiation or other peaceful means
agreed upon by the Parties. Finally, Article VII provides that
the treaty will enter into force on the date of the exchange of
instruments of ratification.
The boundary contains 19 turning and terminal points and
has a length of 279.1 nautical miles. Along its entire length,
it is equally distant from the coasts of the United States (the
islands of American Samoa) and the island of Niue. In the east,
the boundary begins as the tri-junction point almost 200 miles
distant from Rose Island (U.S.), Niue, and Palmerston Atoll
(Cook Islands). In the west, the boundary terminates as the
tri-junction point approximately 151 miles from an unnamed U.S.
island just off the southwest point of Tutuila Island, in
American Samoa, Niue, and a point on the Tongan island of
Niuatoputapu. The distance from the boundary to the respective
coastlines ranges from 199.3 nautical miles at the U.S.-Niue-
Cook Islands tri-junction point to 139.6 nautical miles, at
boundary turning point 15, between the unnamed U.S. island off
Tutuila Island and two points on Niue.
I recommend that the treaty between the United States of
America and Niue establishing a maritime boundary between
American Samoa and Niue be transmitted to the Senate as soon as
possible for its advice and consent to ratification.
Respectfully submitted,
Strobe Talbot.