Originally published as: IFB Reporter: January/February 2002 No. 1 

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: Second Session

The second session of the Preparatory Conference for the Establishment the Western and Central Pacific Fisheries Commission (PrepCon 2) took place in Madang, Papua New Guinea from 25 February to 1 March 2002. This report outlines the background to the second session and discusses the progress made at that meeting.
  

After four years of complex negotiations between the coastal States of the Western and Central Pacific and States fishing in that region the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean was opened for signature at Honolulu on 5 September 2000.

The Convention will enter into force 30 days after the deposit of instruments of ratification, acceptance, approval or accession by three States situated north of the 20° parallel of north latitude and seven States situated south of the 20° parallel of north latitude. Alternatively, if, within three years of its adoption, the Convention has not been ratified by three of the States situated north of 20° N, it will enter into force six months after the deposit of the thirteenth instrument of ratification, acceptance, approval or accession, whichever is the earlier. As at March 2002, the Convention had been signed by 19 States: Australia, Canada, Cook Islands, Federated States of Micronesia, Fiji Islands, Indonesia, Marshall Islands, New Zealand, Nauru, Niue, Palau, Papua New Guinea, Philippines, Samoa, Solomon Islands, Tonga, Tuvalu, United States of America and Vanuatu. Four States, namely Fiji Islands, Marshall Islands, Papua New Guinea and Samoa, had ratified the Convention.

Simultaneously with the adoption of the Convention, the participants in the Multilateral High-Level Conference also 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. The task of the Preparatory Conference, which will continue until the Convention enters into force, is to lay the groundwork for the establishment of the Commission and to ensure that no vacuum exists in the period between adoption of the Convention and its entry into force. Specifically the Preparatory Conference is 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 is to begin the process of collecting and analyzing data on the status of the fish stocks and, if necessary, recommend conservation and management measures.

The first session of the Preparatory Conference (PrepCon 1) was convened by the Government of New Zealand, as depositary of the Convention, at Christchurch, New Zealand from 23 to 28 April 2001. All delegations that had participated in the MHLC participated in PrepCon 1, with the exception of Japan, which chose not to attend. To guide the Preparatory Conference in its work, a number of background papers had been prepared, based upon the considerations contained in resolution I. Nevertheless, as PrepCon 1 represented the beginning of a new process, much of its work was organizational in nature. Among the main achievements and decisions of PrepCon 1 were:

The agenda basically lists the matters set out in resolution I and requires the Preparatory Conference to prepare, inter alia, draft rules of procedure for the Commission; draft rules and regulations concerning the financial management and internal administration of the Commission; a draft organizational structure for the Commission; a draft budget for the first financial period of the Commission and a draft scheme of contributions to the budget; and a draft provisional agenda for the first meeting of the Commission. In addition, the Conference is to make recommendations concerning the establishment of the headquarters of the Commission and relating to the provision of interim scientific advice. In response to the concerns of a number of delegations, PrepCon 1 agreed to the addition of an additional agenda item on mechanisms to promote participation in the Convention.

To facilitate its work, PrepCon 1 established two open-ended working groups to consider matters related to organizational and budget matters and the provision of scientific advice to the Commission. The terms of reference of the working groups are contained in documents WCPFC/PrepCon/3 and WCPFC/PrepCon/4 respectively. Ambassador Lucy Bogari (Papua New Guinea) was appointed to chair Working Group I (WG.I) on issues relating to the organizational structure of the Commission, its budget and financial contributions. Peter Ward (Australia) was appointed as the chairman of Working Group II (WG.II) on the scientific structure of the Commission and the provision of interim scientific advice. Liu, Xiaobing (China) was appointed as vice-chairman of the working group.

WG.I identified an open-ended list of the possible needs of the Commission and agreed that working papers should be developed that would provide information on appropriate options for delivering the identified service needs of the Commission. WG.II concentrated its discussions during PrepCon 1 on designing a work plan to obtain the necessary information to enable later decisions to be taken on the development of recommendations for the implementation of articles 12 and 13 of the Convention and paragraph 10 of resolution I. The group recommended that a number of working papers be prepared that would seek to gather information regarding science needs, existing providers of regional science and their activities, and any existing information on the status of tuna stocks in the Convention Area.

One of the first matters to be taken up during PrepCon 1 was the draft rules of procedure for the Commission. To facilitate discussion of this matter, the secretariat had prepared a set of draft rules in the form of a working paper (WCPFC/PrepCon/WP.1), which was considered by the Conference in informal session. A number of proposals for revisions emerged from the discussion of the draft and written suggestions were circulated by the delegation of the United States. The delegation of New Zealand also submitted a paper relating to rules of procedure for the participation of territories (WCPFC/PrepCon/DP.5). The informal session agreed that the paper submitted by New Zealand formed a useful basis for further discussion of the issue of participation by territories and that the matter would be taken up at future sessions of the Conference. With respect to the rules of procedure for the Preparatory Conference itself, it was noted that the rules of procedure used during MHLC offered an informal basis for proceeding until such time as the Preparatory Conference decided otherwise.

In order to facilitate the work of the Preparatory Conference in future, it was agreed to establish a Preparatory Conference Organizational Fund (PCOF), to be financed through voluntary contributions or funding in kind, to offset the costs of future sessions of the Conference as well as the costs associated with the establishment of an interim secretariat to service the meetings of the Preparatory Conference (WCPFC/PrepCon/8).

The second session of the Preparatory Conference (PrepCon 2) took place in Madang, Papua New Guinea from 25 February to 1 March 2002. As agreed at the first session, PrepCon 2 was preceded by two days of informal consultations around agenda item XI: ‘Mechanisms to promote participation’. Most of the delegations that had participated in MHLC took part in the informal consultations, although once again Japan chose not to attend either the informal consultations or PrepCon 2. French Polynesia also failed to attend and Indonesia was unable to participate in the informal consultations.

The informal consultations proceeded on the basis of a framework for discussions proposed by the Chairman (WCPFC/PrepCon/BP.10) and on the understanding that all discussions or outcomes from the informal consultations would be without prejudice to the position of delegations. The outcomes from the meeting, including any recommendations relating to effective ways of moving forward, would be provided to the Preparatory Conference by way of a written report by the Chairman.

The major outcome of the informal consultations was a carefully-worded draft resolution on participation in the Preparatory Conference which would allow the Conference to allow States and other entities (such as the European Community) that participated as observers in MHLC and that wish to participate more actively in the work of the Preparatory Conference to apply to the Chairman of the Preparatory Conference by providing a formal written statement of commitment to the Convention. In considering the application, which may be granted by consensus, and without prejudice to the provisions of article 43 of the Convention, the Conference will have regard to a range of relevant factors, including the applicant’s fishing activities in the Convention Area, its demonstrated and sustained contribution to domestic and regional fisheries research, management and development in the region, and its demonstrated responsible fishing practices, including effective exercise of responsibility for its vessels and nationals and compliance with regional and national conservation and management measures.

In adopting the draft resolution on participation, PrepCon 2 decided to allocate a seat amongst the participating delegations to the European Community, which had submitted an appropriate application, enabling it to take a more active role in the discussions than previously, whilst at the same time maintaining its status as an observer delegation pursuant to resolution I. The resolution also permitted the Conference to make a decision to permit the delegation of the Russian Federation, which had not been a participant or observer in MHLC, “to attend to observe the meeting in accordance with paragraph 2 of [the decision].”

Other outcomes from the informal consultations, in the form of proposals which were subsequently adopted by PrepCon 2, included an agreement to establish a third working group (WG.III) on monitoring, control and surveillance, as well as agreement on certain specific measures to give full effect to the provisions of article 22 of the Convention related to cooperation with other regional fishery management bodies, in particular the Convention for the Conservation of Southern Bluefin Tuna (CCSBT), the Inter-American Tropical Tuna Commission (IATTC) and the Indian Ocean Tuna Commission (IOTC), to avoid duplication of management measures between these organizations.

In addition to these matters, PrepCon 2 continued to make progress on the issues identified during PrepCon 1 and the method of work was substantially the same as that adopted during the first session, i.e. most of the substantive work will be carried out by the two open-ended working groups with a report to plenary at the end of the session. At the commencement of the session it was agreed to elect Mr Liu, Xiaobing (China) as vice-chairman of the Preparatory Conference and to appoint Mr John Kalish (Australia) as chairman of WG.II in place of Mr Peter Ward. Mr Bill Gibbons-Fly (United States) was appointed chairman of the new WG.III (that group did not meet during PrepCon 2 although agreement was reached on its terms of reference).

PrepCon 2 was able to complete a second reading of the draft rules of procedure for the Commission and it was agreed that the interim secretariat would produce a further revision of the document which could be taken up during the next session of the Conference. The delegation of France submitted a paper entitled ‘draft rules of procedure on the participation of territories.’ The informal session took note of the paper and agreed that the matter would be taken up at future sessions of the Conference. In the meantime, interested delegations would continue to consult informally on the issue of participation by territories.

WG.I held two meetings during the session. In accordance with its Terms of Reference, WG.I recognized three main tasks: (a) to further clarify the service needs of the Commission; (b) to elaborate the possible options for the delivery of the identified service needs, including an appropriate secretariat structure; and (c) to begin to identify some of the general issues associated with the development of a future budget structure for the Commission. Taking account of the need to structure its future in a coherent and effective manner, WG.I adopted a programme of work to guide the work of the group through the next two sessions of the Preparatory Conference (WCPFC/PrepCon/14).

In accordance with the request made by WG.II at PrepCon I, the interim secretariat provided WG.II with a study containing: (a) a review of the WCPFC Convention to identify science needs; data requirements; priority-setting, planning and co-ordination of research; and the review of scientific work; (b) an analysis of information from regional organizations and arrangements (including SCTB, SPC, IATTC and ISC) on the processes used by those organizations to identify their [scientific] requirements; and (c) an analysis of information from such organizations and arrangements on their current activities, including species covered, membership, staffing levels, sources of funding, budgets, sources of data and methods used to collect data; and potential overlap with the WCPFC Commission’s scientific activities.

WG.II held five meetings during the session. Its work during the session included a review of the Commission’s needs with respect to data requirements, including gaps in data coverage and standards for data collection and maintenance; science, and in particular stock assessment and advice on stock status in the short term and ongoing; research priorities and research planning and coordination; and review of assessments, analyses and other scientific work. As an outcome of its work, WG.II developed, on a provisional basis, a revised alternative structure for scientific functions. While there was some convergence of views on the overall level of scientific services to be provided to the Commission, some delegations expressed reservations about the revised alternative structure and further discussions on this matter will be required. WG.II also identified a number of tasks to be carried out prior to the next meeting.

In order to assist WG.II in carrying out those parts of its terms of reference which require special scientific and technical considerations, WG.II recommended to the Conference that is establish a scientific coordinating group as a sub-group of WG.II which would report to both WG.II and the Conference. The Conference decided to establish such a group and emphasized the importance of funding to ensure the involvement of developing states in the process. The summary report of the chair of WG.II, including the terms of reference for the scientific coordinating group, is contained in document WCPFC/PrepCon/15.

One of the matters taken up by PrepCon 2 for the first time was the matter of the establishment of the headquarters for the Commission, which appears as item VIII on the agenda of the Preparatory Conference. At PrepCon 1, it had been agreed that this matter would be taken up at a later stage at the request of the members of the Forum Fisheries Committee, who wished for more time to consider the matter and to nominate a single candidate from amongst their number. PrepCon 2 was informed that the Federated States of Micronesia had been selected by the Committee and was formally proposed as the location for the headquarters of the Commission. No substantive discussion of this proposal took place at PrepCon 2 and indeed no details of the proposal were submitted to the Conference as a whole. At the request of several non-FFA delegations it was agreed to defer further consideration of the proposal until there had been time to review it in more detail. In response to the concerns of some delegations, the Conference adopted a set of general principles and criteria to be taken into account in determining the location of the Commission’s headquarters as well as a process for the submission of proposals to the Conference as a whole. In accordance with the agreed process, proposals, including accompanying details and documentation, are to be submitted by 1 September 2002.

It was also necessary for PrepCon 2 to deal with a number of administrative matters in connection with the arrangements that had been adopted at Christchurch with respect to the establishment of an interim secretariat and a voluntary fund to support the work of the Conference. PrepCon 2 was informed that such a fund had been established and that contributions had been made by a number of participating governments. Shortly after the Christchurch meeting, a head of the interim secretariat had been appointed by the Chairman and draft guidelines on the use and management of the voluntary fund had been prepared in the form of an exchange of letters between the Chairman of the Conference and the Director of the Forum Fisheries Agency. PrepCon 2 reviewed the draft guidelines and adopted them, with minor amendments. The meeting was also provided with a report on the status of the fund and noted the need for the interim secretariat to continue to rely on the use of consultants to further progress the work of the Conference.

The third session of the Preparatory Conference (PrepCon 3) will take place in Manila, Philippines from 18 to 22 November 2002. Among the matters to be taken up during the session will be the location of the headquarters of the Commission; the draft Financial Regulations (WCPFC/PrepCon/WP.2) and the further revised draft rules of procedure. In addition, the working groups will continue their work in accordance with their terms of reference.

Michael Lodge
Chief of the Office of Legal Affairs, International Seabed Authority
Interim Secretary, Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean
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