[Senate Executive Report 109-8]
[From the U.S. Government Publishing Office]



109th Congress                                              Exec. Rept.
                                 SENATE
 1st Session                                                      109-8

======================================================================



 
 CONVENTION ON THE CONSERVATION AND MANAGEMENT OF THE HIGHLY MIGRATORY 
 FISH STOCKS IN THE WESTERN AND CENTRAL PACIFIC OCEAN (TREATY DOC. 109-
                                   1)

                                _______
                                

               November 16, 2005.--Ordered to be printed

                                _______
                                

          Mr. Lugar, from the Committee on Foreign Relations,
                        submitted the following

                              R E P O R T

                    [To accompany Treaty Doc. 109-1]

    The Committee on Foreign Relations, to which was referred 
the Convention on the Conservation and Management of the Highly 
Migratory Fish Stocks in the Western and Central Pacific Ocean, 
with Annexes (Treaty Doc 109-1) (the ``WCPF Convention''), 
which was adopted at Honolulu, Hawaii on September 5, 2000, by 
the Multilateral High Level Conference on the Highly Migratory 
Fish Stocks in the Western and Central Pacific Ocean and signed 
by the United States on that date, having considered the same, 
reports favorably thereon and recommends that the Senate give 
its advice and consent to ratification thereof, as set forth in 
this report and accompanying resolution of advice and consent.

                                CONTENTS

                                                                   Page

  I. Purpose..........................................................1
 II. Background.......................................................2
III. Summary of Key Provisions of the Agreement.......................2
 IV. Implementing Legislation.........................................5
  V. Committee Action.................................................5
 VI. Committee Recommendation and Comments............................5
VII. Text of Resolution of Advice and Consent to Ratification.........6

                               I. Purpose

    The WCPF Convention sets forth legal obligations and 
establishes the cooperative mechanisms necessary for the long-
term conservation and sustainable use of highly migratory fish 
stocks (such as tuna and swordfish) that range across the high 
seas of the western and central Pacific Ocean as well as 
through waters under the fishery jurisdiction of numerous 
coastal nations. The Convention creates a regional fisheries 
management organization for the western and central Pacific 
Ocean, the last major area with extensive fishing for highly 
migratory species that lacks such an organization.

                             II. Background

    The fisheries for tuna in the western and central Pacific 
are the largest and most valuable in the world. Discussions 
leading to the development of the WCPF Convention began in 
December 1994, at the Multilateral High Level Conference on the 
Conservation and Management of the Highly Migratory Fish Stocks 
in the Western and Central Pacific Ocean in Honiara, Solomon 
Islands, in response to increasing interest in managing a 
sustainable harvest of fish stocks that migrate through coastal 
waters and high seas where many nations fish competitively. The 
WCPF Convention was adopted on September 5, 2000, in Honolulu, 
Hawaii, and the United States signed the Convention on that 
date. Of 25 entities eligible to sign the Convention, 22 have 
done so (all but Japan, the Republic of Korea, and the United 
Kingdom). In addition, at least 17 nations have ratified or 
acceded to the Convention, and Taiwan has completed 
requirements to participate in the Convention as a ``fishing 
entity.'' The WCPF Convention entered into force on June 19, 
2004, six months after deposit of the thirteenth instrument of 
ratification.
    The WCPF Convention seeks to balance the interests of 
coastal nations in protecting fishery resources off their 
shores, and those of distant water fishing nations. As both the 
coastal nation with the largest Exclusive Economic Zone (EEZ) 
in the Convention area (relative to Hawaii, American Samoa, 
Guam, and the Northern Mariana Islands), and a major distant-
water fishing nation, the United States played a key role in 
shaping the negotiations.

            III. Summary of Key Provisions of the Agreement

    A detailed article-by-article discussion of the WCPF 
Convention may be found in the Letter of Submittal from the 
Secretary of State to the President, which is reprinted in full 
in Treaty Document 109-2. A summary of the key provisions of 
the Convention is set forth below.
    Article 1 of the Convention defines the term ``highly 
migratory fish stocks'' to include all fish stocks of the 
species listed in Annex I of the 1982 U.N. Convention on the 
Law of the Sea and occurring in the Convention area, as well as 
any other fish species as determined by the Commission 
established under the Convention.
    Article 3(1) defines the Convention area to include all 
waters of the Pacific Ocean north and west of specified lines 
delineating the southern and eastern limits. In the east, the 
Convention Area slightly overlaps waters subject to regulation 
by the Inter-American Tropical Tuna Commission (IATTC). The 
southern limits of the Convention area follow the northern 
limits of the Convention on the Conservation of Antarctic 
Marine Living Resources (CCAMLR), while the northern limit of 
the Convention area is self-defining. Intractable disputes over 
maritime boundaries in the South China Sea and elsewhere 
complicated efforts to denote the western limit of the 
Convention area. Therefore, in this regard, the Convention 
provides only that the conservation and management measures 
will be applied throughout the range of the stocks, or to 
specific areas within the WCPF Convention area as determined by 
the Commission. Article 3(2) confirms that nothing in the 
Convention will constitute recognition of the claims or 
positions of any members of the Commission with regard to 
maritime boundary disputes. The Convention area covers waters 
under U.S. jurisdiction around the State of Hawaii and the U.S. 
Pacific territories. However, measures adopted under the 
Convention will not affect U.S. law with respect to foreign 
fishing activities within the U.S. EEZ.
    Article 5 contains the general principles and measures for 
conservation and management of the fish stocks covered by the 
Convention. It provides that conservation and management 
measures adopted by members of the Commission are to be based 
on the best scientific information available and designed to 
maintain or restore stocks at levels capable of producing 
maximum sustainable yield, as qualified by relevant 
environmental and economic factors, and are to apply the 
precautionary approach. Provisions are also included related to 
assessing the impact of fishing, other human activities and 
environmental factors on target stocks; adopting measures to 
minimize waste, discards, and catch by lost or abandoned gear; 
protecting biodiversity in the marine environment; taking 
measures to prevent or eliminate over-fishing; and collecting 
and sharing data concerning fishing activities. Under Article 
7, these principles and measures are also to be applied by 
coastal states in areas under their national jurisdiction 
within the Convention area.
    Article 9 of the Convention provides for establishment of 
the Commission and deals with a number of organizational 
issues, including meetings, election of officers, the 
Commission's legal capacity, privileges and immunities of the 
Commission and its officers, and adoption of Commission rules 
of procedure. Article 9(2) permits Taiwan to participate in the 
work of the Commission as a ``fishing entity'' whose vessels 
fish for highly migratory stocks in the Convention area. Annex 
I sets forth the procedures under which a fishing entity must 
give its consent to be bound by the regime established by the 
Convention.
    Article 10 outlines the functions of the Commission in 
monitoring and managing fish stocks, including the 
determination of total allowable catches, criteria for 
allocating harvest, and the adoption of measures relating to 
quantity of species caught and size of fish taken.
    Article 11 establishes supporting bodies for the 
Commission, including a Scientific Committee and a Technical 
and Compliance Committee. It also establishes a special 
Northern Committee that will recommend conservation and 
management measures for the Commission area north of the 20 N 
parallel; it will be composed of members of the Commission 
located in or fishing in that area. Commission rules of 
procedure, adopted following the Convention's entry into force, 
clarify that the Commission is not to adopt measures specific 
to northern area species without a recommendation by the 
Northern Committee. Articles 12 and 14 lay out the functions of 
the Scientific Committee and the Technical and Compliance 
Committee, respectively. The purpose of the Scientific 
Committee is to ensure that the Commission obtains the best 
scientific information available. The Technical and Compliance 
Committee is to provide the Commission with information and 
technical advice on the implementation of, and compliance with, 
conservation and management measures; monitor and review 
compliance with such measures; and review the implementation of 
monitoring, control, surveillance and enforcement measures 
adopted by the Commission and make recommendations.
    Article 15 provides for the establishment of a permanent 
Secretariat, with an Executive Director as the chief 
administrative officer, and sets forth its functions.
    Article 18 requires the Commission budget to be adopted by 
consensus, with assessed contributions for Commission members. 
The assessed fee is to be based on several criteria, including 
an ``equal basic fee,'' a fee based upon national wealth, and a 
variable fee based upon total catch taken in the Convention 
area.
    Article 20 outlines how the Commission will make its 
decisions. It is designed to ensure that distant-water fishing 
nations will not be bound by measures to which they do not 
agree, while also ensuring that failure to reach a consensus 
will not prevent the adoption of necessary measures for the 
conservation and management of fish stocks. Differing 
majorities are required for different decisions. For example, 
consensus is required for key issues such as allocation of 
total allowable catch and adoption of the budget and the 
formula for contributions. Decisions on other matters are to be 
made by a three-fourths majority, after efforts to achieve 
consensus have been exhausted. The three-fourths majority must 
include three-fourths of Commission members that are also 
members of the Pacific Forum Fisheries Agency (comprised of the 
island states of the western and central Pacific) and three-
fourths of the other members of the Commission, provided that 
no measure is to be defeated by two or fewer votes of either 
group.
    Article 23 sets forth the duty of Commission members to 
promptly implement the provisions of the Convention and the 
measures agreed to under the Convention, and to provide certain 
information to the Commission. It also requires each member, to 
the greatest extent possible, to take measures to ensure that 
its nationals, and the fishing vessels owned or controlled by 
them, comply with the Convention's provisions. Article 24 
contains a similar requirement for Commission members with 
respect to fishing vessels flying their flag.
    Articles 25 through 27 address matters pertaining to 
compliance and enforcement. Members of the Commission are 
required to implement the provisions of the WCPF Convention and 
conservation and management measures adopted pursuant to it. 
Each member of the Commission is to fully and promptly 
investigate alleged violations by vessels flying its flag, and 
to take expeditious action to punish offenders. Sanctions are 
to be adequate in severity to discourage further violations and 
to deprive the offenders of the benefits of their illegal 
activities. When a member of the Commission has established, in 
accordance with its laws, that a fishing vessel flying its flag 
has committed a serious violation, that member shall ensure 
that the vessel in question ceases all fishing activities until 
any resulting sanctions imposed by the flag State have been 
complied with. Article 26 provides that the Commission 
establish procedures for the boarding and inspection of fishing 
vessels on the high seas of the WCPF Convention area. Article 
27 sets forth the right and duty of port States to take 
measures, in accordance with international law, to promote the 
effectiveness of conservation and management measures.
    Article 28 calls upon the Commission to develop a regional 
observer program to collect verified catch data, other 
scientific data and information on fishing activities in the 
WCPF Convention area and to monitor the implementation of 
conservation and management measures adopted by the Commission. 
The confidentiality of the catch data is to be protected. The 
program is to be coordinated by the Secretariat and is to 
consist of independent and impartial observers authorized by 
the Secretariat.
    Article 43 provides for participation in the work of the 
WCPF Convention by territories located in the Convention area, 
including the right to be present and to speak at the meetings 
of the Commission and its subsidiary bodies, subject to the 
appropriate authorization of the party having responsibility 
for their respective international affairs. In response to a 
question from the committee, the executive branch has confirmed 
its intention to authorize such participation by the U.S. 
Pacific island areas of American Samoa, Guam, and the Northern 
Mariana Islands.

                      IV. Implementing Legislation

    Legislation will be needed to implement this Convention. 
The executive branch has indicated that it will soon provide 
proposed legislation to the appropriate congressional 
committees.

                          V. Committee Action

    The Committee on Foreign Relations held a public hearing on 
the WCPF Convention on September 29, 2005, at which it heard 
testimony from a representative of the Department of State. (A 
hearing print of this session will be forthcoming.) On October 
25, 2005, the committee considered the Convention and ordered 
it favorably reported by voice vote, with the recommendation 
that the Senate give its advice and consent to its 
ratification.

               VI. Committee Recommendation and Comments

    The Committee on Foreign Relations believes that the 
proposed Convention is in the interest of the United States and 
urges the Senate to act promptly to give advice and consent to 
its ratification. The committee believes the Convention is of 
direct and important interest to United States fishing 
concerns, as well as U.S. conservation organizations, U.S. 
consumers, and those who reside in Hawaii and the U.S. Pacific 
Island areas of Guam, American Samoa, and the Northern Mariana 
Islands, all of whom have an important stake in the health of 
the oceans and the fisheries resources protected by the 
Convention.

     VII. Text of Resolution of Advice and Consent to Ratification

    Resolved (two-thirds of the Senators present concurring 
therein),

    The Senate advises and consents to the ratification of the 
Convention on the Conservation and Management of the Highly 
Migratory Fish Stocks in the Western and Central Pacific Ocean, 
with Annexes, adopted at Honolulu on September 5, 2000, by the 
Multilateral High Level Conference on the Highly Migratory Fish 
Stocks in the Western and Central Pacific Ocean, and signed by 
the United States on that date (Treaty Doc. 109-1).

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