PllBSBI'l'AZIOB 01 0PlnOU Q(;INI gsoDBCIs · 2018. 1. 23. · PllBSBI'l'AZIOB 01 0PlnOU Q(;INI gsoDBCIs Pacific Basin Development Council Twelfth Annual Meeting Commonwealth of the

PllBSBI'l'AZIOB 01 0PlnOU Q(;INI gsoDBCIs

Pacific Basin Development Council Twelfth Annual Meeting

Commonwealth of the Northern Marianas November 5, 1991, 1:30-2:30 p.m.

Professor Jon M. Van Dyke William S. Richardson School of Law

University of Hawaii at Manoa

I. Management and Regulatory Control of the Offshore Resources A. The Situation Among the 50 states

1. Nonliving Resources a. The Submerged Lands Act b. The Outer Continental Shelf Lands Act

2. Living Resources a. The Magnuson Act b. Regulation of Tuna

3 • Environmental Issues a. Coastal Zone Man89ement Act b. The "Consistency· Obligation

4. Areas of Ambiguity and Areas Where State Regulation of Activities Beyond 3 Hautical Miles Appears to Be Acceptable

5. The Effect of the 1988 EXtension of the U. S • Territorial Sea fram 3 to 12 Nautical Miles

6 Pending Federal Leqis1ation B. The Situation for the Territories and Commonwealths

1. The position of the Federa1 Government 2. The Position of the Islands 3. Analogies fro. the Affiliated Islands of France, New

Zealand, the United Kin<;ckma, and the Netherlands, and from the Freely Associated states

4. Possible Areas of Compromise

II. Regional Arrangements to Regulate Ocean Resources and Protect the Environment A. The Types of Regional organizations in the Pacific

1. The South Pacific Commission 2 • The South Pacific Forua 3. The Forum Fisheries Agency 4. The South Pacific Regional Environmental Programme

(SPREP) 5. Other Organizations

B. The Capacity of the U.S.-Flag Islands to Participate in Reqional and International Activities

1. The compact Clause in the u.S. consti~ution (Art. I, sec. 10, para. 3)

2. Analogies from Puerto Rico 3 • The Particular Problem Reqarding the Renegotiation of

the SPREP Treaty

University Of Hawaii School of Law Library - Jon Van Dyke Archives Collection

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16 U.S.C. 1891

(b) PURPOSES.--It is therefore declared to be the purposes of the Congress in this Act--

99-659, 101-'27

(I) to take immediate aerion to conselVe and manage the fIshery resources found off the coasts of the United States, and the anadromous species and Continental Shelf fIshery resources of the United States, by exercising (A) sovereign rights for the purposes of exploring, exploiting, conserving, and managing all fIsh [except highly migratory species,]' within the exclusive economic zone established by Presidential Proclamation 5030, dated March 10, 1983, and (B) exclusive fIshery management authority beyond the exclusive economic zone over such anadromous species and Continental Shelf ftshery resources;

, The brac:kded phrase is deleUd effective 111/92.

(2) to suppan and encourage the implementation and enforcement of international fIShery agreements for the conselVation and management of highly migratory species, and to encourage the negotiation and implementation of additional such agreements as necessary;

(3) to promote domestic commercial and recreational fIShing under sound conselVation and management principles; -

(4) to provide for the preparation and implementation, in accordance with national standards, of fIShery management plans which will achieve and maintain, on a continuing basis, the optimum yield from each fIShery;

101 .. 27 (5) to establish Regional FIShery Management Councils to exercise sound judgment in

the stewardship of fishery resources through the preparation, monitoring, and revision of such plans under circumstances (A) which will enable the States, the fIShing industry, consumer and environmental organizations, and other interested persons to participate in, and advise on, the establishment and administratien of such plans, and (B) which take into account the social and economic needs of the States; and

95-j3~ ~5Ii 1 (6) to encourage the development by the United States fIShing industry of fISheries

which are currently underutilized or not utilized by United States fIshermen, including bottom fish off Alaska, and to tbat end, to ensure that optimum yield determinations promote such developmenL

(e) POUCY.-It is funher declared to be the policy of the Congress in this Aer--

(1) to maintain without change the existing territorial or other ocean jurisdiction of the United States for all purposes other than the conservation and management of fIshery resources, as provided for in this Act;

(2) to authorize no impediment to, or interference with, recognized legitimate uses of the high seas, except as necessary for the conservation and management of fishery resources, as provided for in this Aer;

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16 U.S.C. 1802

101-627

(32) The term "waters of a foreign nation" means any part of the territorial sea or exclusive economic zone (or the equivalent) of a foreign nation, to the extent such territorial sea or exclusive economic zone is recognized by the United States.

TITLE I -- UNITED STATES RIGHTS AND AUTHORITY REGARDING FISH AND FISHERY RESOURCES

SEC. 101. UNITED STATES SOVEREIGN RIGHTS TO FISH AND FISIlERY MANAGEMENT AUTHORITY

~-059

16 U.S.C. 1811

(a) IN THE EXCLUSIVE ECONOMIC ZONE..-E.~cept as providcd in section 102, the United States claims, and will exercise in the manner provided for in this Act, sovereign rights and exclusive fIShery management authority over all fISh, and all Continental Shelf fishery resources, within the exclusive economic zone.

"-65', 101-627 (b) BEYOND TIIE EXCLUSIVE ECONOMIC ZONE.--The United States claims, and will

exercise in the manner provided for in this Act, exclusive fishery management authority over the following:

(1) All anadromous species throughout the migratory range of each such species beyond the exclusive economic zone; except that that management authority does not extend to any such species during the time they are found within any waters of a foreign nation.

(2) All Continental Shelf fishery resources beyond the exclusive economic zone.

SEC. 102. [EXCLUSION FOIt]- mGHLY MIGRATORY SPECIES 16 U,S.C. 1812

"-059, 101-627 (The sovereign rights and exclusive fishery management authority asserted by the United States under section 101 over fish do not include, and may not be construed to extend to, highly migratory species of flSh.I'

The United States shall cooperate directly or through appropriate international organizations with those narions involved in fisheries for highly migratory species with a view to ensuring conservation and promoting the Objective of optimum utilization of such species throughout their range, both within and beYond the exclusive economic zone,'

• 'The bnocketed material i5 In effect until 1/1/92, when it is deleted and the underlined paragraph takes effect.

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16 U.S.C. 1826

101·%67 SEC. %06. LARGE-SCALE DRIFrNET FISmNG

(a) SHO~T !lTLE.--This section incorporates and expands upon provisions of the Driitnct Impact Monltonng, Assessment, and Control Act of 1987 and may be cited as the "Driftnet Act Amendments of 1990".

(b) FINDINGS.-The Congress finds that--

(1) the continued widespread use of large-scale driftnets beyond the exclusive economic zone of any nation is a destructive fIShing practice that poses a threat to living marine resources of the world's oceans, including but not limited to tbe Nonh and South Pacific Ocean and the Bering Sea;

(2) the use of large-scale driftnets is expanding into new regions of the world's oceans, including the AtlaDtic Ocean and Caribbean Sea;

(3) there is a pressing need for detailed and reliable information on the number of seabirds, sea tunles, nontarget fish. and marine mammals that become entangled and die in actively fished large-scale driftnets and in large-scale driftnets that are lost, abandoned, or discarded; .

(4) increased effons, including reliable observer· data and enforcement mechanisms, are needed to monitor, assess, control, aDd reduce the adverse impact of large-scale driftnet flSbing on living marine resources;

(~) tbe nations of the worl~ bave agreed in Lbe United Nations, through General Assembly Resolution Numbered 44-225, approved December 22, 1989, by the General Assembly, that a moratorium should be imposed by June 30, 1992, on the use of large-scale driftnets beyond tbe exclusive economic zone of any nation;

(6) the nations of the South PacifIC lUwe agreed to a moratorium on the use of largescale driftnets in the South Padfic through the Convention for the Prohibition of Fishing with Long DriftJlets iR·. South P8ei6c, which was agreed to in Wellington, New Zealand, on November 29, 1989; and .

(7) increasing population pressures and new knowledge of the imponance of living marine resources to the health of the global ecosystem demand that greater responsibility be exercised by persons fishing or developing new rlSheries beyond the exclusive economic zone of any nation.

(c) POUCY.-It is declared to be the policy of the Coagress in tbis section that the United States should-

(1) implement the moratorium called for by the United Nations General Assembly in Resolution Numbered 44-225; ,

(2) suppon the Tarawa Declaration and tbe Wellington Convention for the Prohibition of FIShing with Long Driftnets in the Soutb Pa~ and

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16 U.s.C. 1826

(3) secure a permanent ban on the use of destructive fIShing practices. and in particular large.scale drift nets, by persons or vessels fishing beyond the exdusive economic zone of any nation.

(d) INTERNATIONAL AGREEMENTS.--The Secretary, through the Secretary of State and the Secretary of the department in which the Coast Guard is operating, shall seek to secure international agreements to implement immediately the findings, policy, and provisions of this section, and in particular an international ban on large.scale drifmet fishing. The Secretary, through the Secretary of State, shall include, in any agreement which addresses the taking of living marine resources of the United States, provisions to ensure that ..

(1) each large.scale driftnet fIShing vessel of a foreign nation that is party to the agreement, including vessels that may operate independently to develop new fishing areas, which operate beyond the exclusive economic zone of any nation, is included in such agreement;

(2) each large-scale driftnet fishing vessel of a foreign nation that is party to the agreement, which operates beyond the exclusive economic zone of any nation, is equipped with satellite transmitters which provide real-time position information accessible to the United States;

(3) statistically reliable monitoring by the United States is carried out, through the use of on-board observers or through dedicated plaHOlms provided by foreign nations that are panies to the agreement, of all target and nontarget f1Slt species, marine mammals, sea tunles, and sea birds entangled or killed by l~-scale driftnets used by fIShing vessels of foreign nations that are panies to the agreement;

(4) officials of th" Uni.C(j Statts have the right to board and inspect for violations of the agreement any large-scale driftnet fishing veSsels operating under the flag of a foreign nation that is pany to the agreement at any time while such vessel is operating in designated areas beyond the exclusive economic zone of any nation;

(5) all catch landed or transshipped at sea by large-scale driftnet fishing vessels of a foreign nation that is a pany to the agreement, and which are operated beyond the exclusive economic zone of any nation. is reliably monitored and documented;

(6) time and area restrictions are imposed on the use of large-scale driftnets in order to prevent intera:ption of anadromous species;

(7) all large-scale driftnets used are constructed, insofar as feasible, with biodegradable materials which break into segments that do not represent a threat to living marine resources;

(8) aU large-scale driftnets are marked at appropriate intervals in a manner that conclusively identifies the vessel and flag nation responsible for each such driftnet;

(9) the taking of nontarget fISh species, marine mammals, sea turtles, seabirds, and endangered species or other species protected by international agreements to which the United States is a pany is minimized and does not pose a threat to existing fisheries or the long-term health of living marine resources; and

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16 U.s.C. 1826

(10) definitive steps are agreed upon to ensure that panies to the agreement oomply with the spirit of other international agreements and resolutions oonceming the use of large-scale driftnets beyond the exclusive economic zone of any nation.

(e) REPORT.-Not later than January 1, 1991, and every year thereafter until the purposes of this section are met, the Secretary, after consultation with the Secretary of State and the Secretary of the department in which the Coast Guard is operating, shall submit to the Committee on Commerce, Sdetu:e, and Transponation of the Senate and the Committee on Merchant Marine and Fisheries of the House o,f Representatives a repon-

(1) describing the steps taken to carry out the provisions of this section, particularly subsection (c);

(2) evaluating the progress of those efforts, the impacts on living marine resources, including available observer data, and specifying plans for funher action;

(3) identifying and evaluating the effectiveness of unilateral measures and multilateral measures, including sanctions, that are available to enoourage nations to agree to and comply with this section, and r.ecommeadations for legislation to authorize any additional measures that are needed if those are oonsi~ ineffective;

(4) identifying, evaluating, and maldag any recommendations considered necessary to improve the effectiveness of the Jaw, policy, and procedures governing enforcement of the exclusive management authority of tile United States over aDadromous species against fIShing vessels .engaged in fIShing beyoDd the exclusive eoonomic mae of any nation;

(5) containing a U~t and desaiption of any new fISheries develo~ by nations that conduct, or authorize their 1l8tioaals to Q)Dduct, large-scale driftnet fisbing beyond the exclusive economic zone of any naUoll; and

(6) containing a list of the utioDs that conduct, or authorize their nationals to conduct, large-scale driftnet fishing bey01ld the esdasive eamomic zone of any nation in a manner that diminishes the effectiveM:ss of or is i1lCODSistent with any international agreement governing large-scale driftnet fishing to wbidl the United States is a party or otherwise subscribes. .. , ~.

(I) CERTIFICATlON.-If at 8II'J time the Secretary, in oonswtation with the Secretary of State and the Secretary of the depattJRellt in which t,be Coast Guard is operating, identifies any nation that wammts indusioD in the list described under subsection (e)(6), the Secretary shall certify that fact to tile Presidea.t. Such certification shaD be deemed to be a cenification for the purposes of section 8(8) of the Fishermen's Protective Act of 1967 (22 U.s.e. 1978(a».

(g) EFFECf ON SOVEREIGN RIGHTS.-This section shan not serve or be construed to expand or diminish the sovereign rights of the United States, as stated by Presidential Proclamation Numbered 5"030, dated March 10, 1983, and reflected in this Act or other existing law.

(h) DEFINITION.-As used in this section, the term "living marine resourcesw includes fISh, marine mammals, sea turtles, and seabirds and other waterfowl


-43-

Does the Outer Continential Shelf Lands Act Mply to

Submerged Lands in the Exclusive Economic Zone of Johnston

Atoll?

The key terms employed in the OCSLA definition of the outer

continental shelf (OCS) are derived from the Truman Proclamation

on the Continental Shelf. l Section 2(a) of the act defines the

OCS in the following awkward language:

The term louter Continental Shelf' means all submerged lands lying seaward and outside of the area of lands lying beneath' navigable wate.rs as defined in section 1391 of this ti tIe, and of which the subsoil and seabed appertain to the.' United States and are subject to its jurisdiction and control. 2

Section 1381 includes among the -navigable waters D the

territorial seas of the 'states of the United States, but makes no .

reference to the territorial seas af u.s. territories. The

ambiguity arises therefore as to whether the continental shelves

and submerged lands adjacent to u.s. territories are covered by

the statute. Two interpretations of this key jurisdictional

provision of the OCSLA are possible:

First,. because territories are not expressly named in the

jurisdictional provision, and the submerged lands beneath the

EEZs surrounding u.s. commonwealths, te.rritories, and possessions

are not off the coast of a state, these submerged lands do not

fall within the leasing authority of the Interior Department.

This' interpretation is noted in a recent memorandum from the

Interior Department's Solicitor Frank K. Richardson addressing


Resource Assessment

Cobalt~Rich Manganese Crust Potential EXclusive Economic Zones/U.S. Trust and

~ Affiliated Territories in the Pacific

~

Resource Potential of Cobalt, Nickel, Manganese, and

Platinum in Crusts of u.S. Trust and Affiliated Territories

Resource Potential

Territory Cobalt Nickel Manganese Platinum (t x 106) (oz x 106)

Belau/Palau 1.3 .78 38.7 1.7

Guam .55 .31 15.5 .68

Howland-Baker .19 .11 5.5 .48

Jarvis .06 .03 1.6 .15

Johnston 1.38 .69 41.6 3.5

Kingman-Palmyra 3.38 1.52 76.1 5.7

Marshall Islands 10.55 5.49 281.3 21.5

Micronesia 17.76 9.96 496.0 34.7

Northern Marianas 3.60 1.97 100.2 7.7

Samoa .03 .01 .8 .04

Wake .98 .51 26.8 2.0

Note: The above are estimates of in-place resources and as such do not indicate either potential recoverability or minable quantities.

Based on the above data, modified by geological and data validity considerations, the areas of greatest cobalt-rich manganese crust potential in decreasing order of p~tential are: Marshall Islands, Kingman-Palmyra, "Johnston and Wake Islands. Those of lesser potential would include, in decreasing order, Federated States of

•

Micronesia, Commonwealth of Marianas, Jarvis, Belau-Palau, Guam, Howland -Baker, and Samoa •

-------------------------------------University Of Hawaii School of Law Library - Jon Van Dyke Archives Collection

dOHPRBBBH'ryB ellll BILL

Declaration of u.s. Sovereignty over the 12 Nautical Mile Territorial Sea

Extends Federal Criminal Jurisdiction under Title 18 to the 12 Nautical Mile Limit

Extends State and Territorial Criminal Law to 12 Nautical Miles If There Is a Gap in the Federal Law

ft. 53' -- Introduced by Representative Bennett from Florida

Would Amend Submerged Lands Act and Extend state Power to 12 Nautical Miles

Would Grandfather Existing Leases

Would Give states Power to Grant New Leases If They Demonstrate Management Responsibility

DJW".r B:ILL II ORICI Or RlPRlSIlI'1'I'HYI J.OIIS

Would Address and Resolve Ambiquities Created in Many statutes from the Extension of the Territorial Sea

Would Extend the u.s. contiguous Zone to 24 Nautical Miles

Would Not Affect Boundaries of states, Commonwealths

Territories, or


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(b), MEETING.--To complete the stu4y authorized in

sub •• ction (a), the grant •• under this aection shall convene

at least one public meeting of repres.entatives of interested

•• aeral .,enai •• , Goastal S~C •• , the p~ivate sactor, and

environmental orqanizationl.

(c) REPORT.--~he grant .. under this aection shall ., complete. study with the grant authorized 1n subsection (a)

and p~ovid •• ~.po~t on the!inain9S of the study to the

COngr ••• , the 'r •• ldenc, and, upon :e;yeet, the public, not

later than 12 manths a!ter the date of the award of the

grant.

(4) DEF I NIT 1 ON. --POl:' purpo.... of this •• ction, the term -. .. , . coas~al Stat. haa the meanift9 that t.~ has in section

304(4). of the COastal 10M Management Act ot 19'72 (16 a.s.c. 1453(4».

SIIC ••• IAVI" PJiOVXSIOII.

(a) IN G£NERAL.--Sect1ons 5 and 6 of this Act do not

atract the title, legal r1qhts, int.er_ta, jurisdiction, and

boundari •• of the Stat •• , tbe COIIIlOnwealth of Puerto Rico,

tbo Commonwealth of the Ko~the~n Ma~laftA lalande, O~ any

other territory or po •• essioD of the United States.

(b) EFFECT ON OTHER LAWS.--IXcept a. provided by the

amendments made by •• oticm 7, •• c:tions 5 and. 6' of this Act do

not: a!!eot: the authorl~y of ~h. PecieZ'al Qovel:'nment and the

States to mana,_ living and non11vin, resources within the

-----------University Of Hawaii School of Law Library - Jon Van Dyke Archives Collection

ADalogi.. on OceaD Ggy'rnADce frow t,. Affiliated Islands of Australia. Prapc ..... 'e.lapO. the Qaite4 liDgdqa. wad the u.s. pre.lv AssociateA states

AUSTRALIA Norfolk Island--a territory under the authority of Australia-

population 1, 900--some islanders arc;ue that Norfolk should be considered to be a "dependency" or "crown colony" rather than simply a territory, or even that it should become a separate and independent state

FRANCE French Polynesia--an overseas territory of France--population

172,OOO--the local government (the Territoria·l Assembly and the Government Council) has the power to enter into fishing agreements and ratify international conventions, alt:bouqh as a f'ormal matter metropolitan France bas overall contr.o~ of· the E£Z resources and of course retains control of defense matter.s--French Polynesia is represented in Paris by a senator and two deputies with full voting rights in the French leqislature, and residents of French Polynesia vote for the French President.

New Caledonia--an overseas territory of France--population 145,OOO--similar legal status to French Polynesia. '

Wallis & futuna--an overseas territory of France--population 12,OOO--similar legal status to French Polynesia.

NEW ZEALAND The Cook Islands--a freely associated state with the full

constitutional capacity to enter into international arrangements-population 17, OOO--al though the Cook Islands constitution gives New Zealand responsibility for "external af~airs and' derense," in fact the Cook Islands exercises considerable independence in the "external affairs" area--a member of the South Pacific Forum-licenses distant water fishinq natioms (such as companies from Taiwan, Korea, and Norway) to fish in its 2:0'O-nautical mile exclusive economic zane--has signed a treaty with the United States in which the United states recognizes· the COok ISland's EEZ--has signed the United Nations Law of the sea convention.

Niue--self-govarning in free associatiGD with New Zealand-population 2, 500--frequently represeftts itself at regional and international orqanizations--has the capacity to enter into international treaties on its own behalf, but has not yet done so-perhaps because its constitutional rel.ationship with New Zealand is one of some ambiguity, other countries may prefer to conclude a treaty with New Zealand rather than ¥ith Niue.

Tokelau--anon-self-governingterritory--populationl,700--has entered into one treaty on its own, but all other foreign affairs matters are handled by New Zealand--was not represented at the negotiation of the TUna Fishing Agreement, but New Zealand presented its interests separately frOll those of metropolitan New Zealand--New Zealand has enacted legislation recognizing the sovereignty of the Tokelau Islanders over their surrounding seas.


THE UNITED KINGDOM pitcairn--a British dependency--population 58--fishinq is

regulated by the local governor and the local Conservation of Migratory Species of wild Animals Committee

THE U.S. FREELY ASSOCIATED STATES The Federated States of Micronesia--population 91, OOO--has

complete control of foreign affairs, but the united states is responsible under the Compact of Free Association for its defense-has ratified the U.N. Law of the Sea Convention and has complete control of ocean resources--has issued licenses to foreign fishing companies to allow them to fish in the EEZ.

The Republic of the Marshall Islands--population 46, 000-similar status to that of the F.S.M.


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lULL AID BOU" BlPUII!ID'l'IOI III '1'111 BATIO,,' 'ULIUIIPP Denmark Faroe Islands Greenland

France French polynesia New Caledonia wallis and Futuna

LOcmL ISLMJ1) GOYBRKIIIIJ'l' COR'l'ROLl EIZ RESOURCES Netherlands Netherlands Antilles

New Zealand Cook Islands Niue

united Kingdom Caribbean Associated states Pitcairn

.. -University Of Hawaii School of Law Library - Jon Van Dyke Archives Collection

No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.

No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.

SectIon. 10. No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Ti~je of Nobility .

. ~o State shall, without the Consent of :;~ Congress, lay any Imposts or Duties on Irroorts or Excorts. except what r""'ay be absolutely r"e"':~:3ary for exec~: ;'~ f:; inspection Laws: and the ;1et Produce 0t all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.

No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.

(9)

ARTICLE. II.

Section. 1. The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows

Each State shall appoint, in such Manner as the Legislature thereof may direct. a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United. States, shall be appOinted an Bector.

[The Sectors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Innabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the 'Jumber 'Jf Votes for each; which List they sr:l:, 31gn and certify. and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall. in' the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority, of the whole Number of Electors appOinted; and if there be more than one who have such Majority

(10)


1989] SOUTH PACIFIC RESOURCE REGIMES

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The conveption for the Protection of the 'atural Resources and BDyiroDWent of the South pacific Region

Ratifying states (as of August 1991) Australia Cook Islands Federated states of Micronesia Fiji France Marshall Islands New Zealand Papua New Guinea solomon Islands united States western Samoa


Articl, 10

DISPOSAL or WASTES

1. The Partiel .hall take all appropriate .ea8ure. to prevent. reduce and control pollutioD in the CollVeDtioll Area cau.eel by dumping from vea.el., aircraft, or aan-..de .tructurea at lea, iDcluding the effective application of the relevaDt iDt~rDationally recogui.ed rules and procedure. relating to the control of dumpias of wa.te. And other matter. The Partie. agree to prohibit t~e dumpiDg of radioactive wastes or otber radio.eti.e .atter in the CODvention area. Without prejudice to whether or Dot disposal into the aeabed aDd aeDsoil of va.tel or other matter i. "du=pinl". the 'artie. asree to prohibit the disposal into the .eabed and .ubloil of the Conventioll area of radioactive vaate. or other radioactive matter.

2. Thi. article .hall al.o apply to the contineDtal .helf of a Party where it e%telld., ill accordance with Uatenatio1l&l 1a., outward beyond the CODVentioD Ar.a.

Article 11

STORAGE OJ' TOXIC Alm lIAUR1)()US WAnES

The Partie •• ha1l take all appropriate .ea.G~~ to prevent, reduce and control pollutio'D ill the Co1l'9eDtioa Area reaalt,iq frOil the storage of toxic and hazardous wa.te.. III partica1ar, the 'artie •• hall prohibit the .torage of radioactive "Ites ~r other radioactive .. tter in the Convent ion Area.

Article 12.

XlSTDG or nct'A' DEVISP

the 'artie •• ball take .11 appropriate _ .. ure. to pregent, reduce· auct c01ltrol pollatioD iD the CollVeDti01l k .. _ich aicht re.ult froa the te.tinl of nuclear device ••

Artiel' 13

MIHIRG AID COAStAL !ROSIO!

The Partie •• ball take .11 approp~iat • .ea.ure. to prevent, reduce and control ellViroJIIDCtal 4& .. ,e ill the eo ... tioD Area, ill particular coa.tal ero.iol1 Cau.ed by coa.tal agiaeerizla. aiDiJal activities •• and resc.oval. lau reclautioD aDd drec!&ba.

R University Of Hawaii School of Law Library - Jon Van Dyke Archives Collection

COt-"V E:"iT ION lOi 7B.~ PitJrlC-:-IOM 0' T:iZ R4 rJUL I~Ot:iCZS !.'iD l.ffVliO!\~!tt

OF !BE SOOTH PACI11C i.leIOI

(Done at :~oumea, New Caledonia, November 25, 1986] +Cite as 26 I.L.M. 38 (1987)+

Article 14

SPECIALLY PROTECTED AREAS A1fJ) PKOTECTIOB OF WILD FlDRA A!H) FAUNA

The Partie. .ball, individually or joiRtll'. t.ake all appropriate mea.urea to protect aJ1Cl preserve rare _ fracile ecosy-atems aDd depleted, threateDM or eDClanlerecl flora aDd fauDa _ well.. their habitat m tbe CollveDtioD Uea. %. this e114. tbe Partin •• 11. .. appropriate, e.tabli.h protected area •• WDCb .. parka .ad r .. erv._. aDd prohibit or repute aD,. acti-.ity 1 ike I,. to 1aa~e .c.erae. effects OIl. the apecies, eco.,..tem. or lIiolosical proc •• se. that -.ch ... a. ..e de.i.ped to protect. The e.tabli.hmeDt of nch are:_ altall DDt a£fect the right·. of other Partie. or tbird State. UDder i1lte~ioJSa.1 laVe In addition, the Parti.. abal1 ezChaDge iDformatioa coDcermina the ~~i.tration and mADalemeDt of such ares ••

. . . . . Article 16

1. The Partie. agree to develop .ad. maiutaiu, ~th the a •• i.tance of competeDt ,lobal, regional and .ub-r·egionarl org·anisa.tion. a. requested. technical luideline. aDcl leg.ia1atiCHt glV1Dg ad.equate c:=pbaaia to enviroamel'ltal aDd .oei.l factora to f'a.ei:lit'ate balanced development of their natural resource_ aDd pla:ning of their major project. which might .ffect the mariDe e1lYiroDmellt iD IRlch .. ...,. .. to prevent or minimise harmful impact. OD the Collgelltioll Area.

2. Each 'arty ahall, vithiD ita capabilities, a •• ea. the poteDtial effect. of aDch project. OD the .. riRe caviroament. 80 that appropriate _a.uree c.au be takeD to pre.,eDt tm'J aub.tuati.1 pollatioD of, or aipificallt azut harmful chanae. vithia, the ColIYntioll Area.

3. With re.pect to the .a.e.ament referred to iD paragtaph rarty ahall. where appropriate, iu.ite:

Ca) public CCIIDIleDt accordiq to it. Dation.l procedure-.,

(b) other Partie. that .. ,. be affeeted to COD.ult with it .Dd aubau cOEme1lta.

1~ each

The reault. of theae ... easmeut. shall be communicated to the Organiaaticna. which aball make them available to iDtere~ed Parties.


otber l.,iti .. te a ••• of the •••• ~.i~Dt of quality for u •• of ••• vat.r aDd reduction of ... Diti •• ;

• in .,plyiac this defiuition to the eoav.atioa Ob1iaatioD8, the Parti.. Iball ua. their beat ead.aYOUr. to eo.ply with the appropriate .t.Ddard. aDd reco..aDdatio.. establiahed b~ co~etent iDteratioDal or,aDi .. tioal, iDcluciiDa the IDtenatioual Atomic: IIlUIY AseDcy;

(,) "Oraani •• tioD" .aDI tbe South Pacific CoaDisBion;

(h) "Director" .. aDS the Director of the South Pacific Bureau for !coao.ic Co-operatioD.

Article 3

QDITIO. TO TlfE CO»VUrIOB AREA

AD., •• rty .y acid are •• uaaeT it~ j~iaclictiOll vithiD the Pacific Oc.an ~twe.D tbe Tropic of CaDcer.ad 60 ~ees South latitude and betven 130 clelree. I&lt lolllitucle aU 120 cIear-. tIe&t longitude to the COD.eDtioD Area. Stach "clition aIlall be JI8.t,ifi-ed to the Depo.itary who ahall ,roaptly Dotify the ot-h.r 'artie .... the Chwmiaat.ioD. - Such areas Ihall he iacorporated withia the Coa.aat~ ~ Dinety days after DOtificatioD to ,the P.rtie. by tbe Depe&ita£Y, provided- tbere bas been no objectioD to the ,ro,oI.1 to Mel _. am. ».y- .. 2Kty affected- by that propo •• l. If there i. _., .ach objeaioa the Parties CODce.ned will c01lnlt with a view to r •• ol.i. the .. t:t.er.

Artiel. 4

GIRI,'1 Plo!l'SlQIS

1. Th. Parti •• Ihall eDcIe.vo\ar to coaclude bit_t'ftsl or multilateral .Ir .... '., illcl,,4IiDi reaioDal or .... ~esma.l q;reemeDtl', for the protKtioa, • ..,elo,..nt ... ._'-c. of the _~i1re aIlCl coa.tal' .. iro_t of tb. CoIl_tloa Area. Iudl ~! __ t.a *-'11 be cou'iatent with tIli. eon.etioD .... iD accoruau with. i1Ic:emKiODa-l 1.v. Copies of aach asre..-atl ebal1 be ca..aaicated to tbe ~i .. ~iOD and through it to .11 .arti •• to tbi. Coaweatioa.

2. IIothial i1a tIIi. Coaeac ioa .. ita Protoco 1. ...11 be deemeel to affect Obliaacioa. ...~ by • ~y ~ -ar ..... '. previou81y CODe lucleel •

3. lothial iD thit Coav •• tioa aDd it. ~otoco1. ~11 be CODltrued to pr.judice or affect the iJaterpr.tatioa ... ."licatioll of aDy pro.l.1on or tera Ua tb. eo .... atioD OD tbe Pr .... io. of Jfaria. Po11u·tioD by Du.piaa of watt •• aDd Other "tter, 197%.

4. nil eo ... ntioD aacl ita hotocol .... 11 be COM'tnaecl ill accordance with iDt.ratio ... l 1 .. r.lati1l& to tbeir nbjecc ..cteer.

5. lothiDI in tbi. eoa.eatioa ... it. Protocol. ...11 prejudice the pr.teat or future clai.. aDd 1 ... 1 vi... of .., Party concerning the _ture ad atnt of .riti_ juiedictioa.

5 University Of Hawaii School of Law Library - Jon Van Dyke Archives Collection

Artisl. 21

I1STlTUTIORAL AUAlfGEHENTS

1. The Oraaai.atioD aha I 1 be responsible for carrying out the follovina aecretariat fDactioD8:

(a) to prepare aad CODVene the Metings of Parties;

(b) to tr_.it iDforMtioD hotocolaj

to the reeeived

Parties notifica.tiou8. repor.t8 and otber in accordauce with thi8 Convention and its

(e) to perfora tbe fuDctio1l8 .... iped to it by the Protocols to this CoDv_t ion;

(d) to· co •• id.r equiri.. by, aDd iafor1MtioD from, the '.·rt ies and to coDaalt witb tb.. OD que.tion. relatiDS to thia CoDveDtion and the Protocol.;

(e) to co-otdinat. t~e t.p1 ... DtatioD of co-oper.ci~e activities agreed Gpoa by ebe rart i.a;

(f) to •• ure the Dece ... ry co-ordinatioD with other competeDt global. reaioDal and .ub-zqional bodies;

<.) to eater iDto .uch adailliatrati .. e analll_enta aa 1II&y be required for tbe effective eli.charse of the .ecretariat fUDctions;

(b) to petfcma .uch other fUDCtiou a •• y be .. signed to it by tbe Patti •• ; a=

(i) to tx....!t to the loath Pacific Conf~~ce aDd the South Pacific lona ~Ia. report a of ordiDary .. estraoriiDary meetings of the 'arti •••

2. Eacb rarty aha11 ••• igaate .n .,propriate Dational authority to .. rve a. tbe ch aDD e 1 of ca.m8nicatiOD with tbe OrganiaatioD for the purpo... of thi. CoD9.D~ioD.

12 University Of Hawaii School of Law Library - Jon Van Dyke Archives Collection

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