P 030856Z JUL 08
FM AMEMBASSY CANBERRA
TO SECSTATE WASHDC PRIORITY 9808
INFO AMEMBASSY JAKARTA 
AMEMBASSY LONDON 
AMEMBASSY PORT MORESBY 
AMEMBASSY SINGAPORE 
AMEMBASSY TOKYO 
AMEMBASSY WELLINGTON 
AMCONSUL MELBOURNE 
AMCONSUL PERTH 
AMCONSUL SYDNEY 
CDR USPACOM HONOLULU HI
SECDEF WASHINGTON DC
SECNAV WASHINGTON DC

C O N F I D E N T I A L CANBERRA 000679 
 
 
NOFORN 
 
DEPARTMENT FOR EAP/ANP, L/OES 
OSD FOR JESSICA MATTHEWS 
 
E.O. 12958: DECL: 07/02/2018 
TAGS: PREL SENV AS
SUBJECT: TORRES STRAIT PILOTAGE REGIME 
 
REF: STATE 53801 
 
Classified By: Economic Counselor Edgard Kagan.  Reasons 1.4 (b/d). 
 
¶1. (C/NF) Department of Foreign Affairs and Trade (DFAT) 
International Legal Division Assistant Secretary Adam 
McCarthy provided a document with a detailed response to U.S. 
questions about about shipping transiting the Torres Strait 
during a July 3 meeting with Econcouns (reftel).  The 
Australian document states there has been 100% compliance 
with Australia's compulsory pilotage regime for the Torres 
Strait since October 6, 2006.  It also states that all 986 
transits of the Torres Strait in 2007 by vessels greater than 
70 meters in length had a pilot. 
 
¶2. (SBU) McCarthy said the GOA looks forward to August 6 and 
7 consultations in Washington on the Torres Strait issue.  In 
addition to McCarthy, the Australian delegation will consist 
of Steven Bouwhuise, Assistant Secretary for International 
Law at the Attorney General's Department and Gary Prosser, 
the General Manager of the Australian Maritime Safety Agency 
(AMSA).  A representative from the Australian Department of 
Defense (ADOD) will also join the delegation, according to 
McCarthy, who said that the person would be from either the 
ADOD Legal Department or the Royal Australian Navy's Legal 
Department. 
 
¶3. (C/NF) Australia recognizes that it has not handled the 
Torres Strait pilotage issue particularly well, according to 
McCarthy, who was quick to add that Australia believes the 
U.S. could have handled the issue better, as well.  He 
emphasized that Australia understands that it must do a 
better job of explaining its views to the United States as 
well as listening to U.S. concerns.  Highlighting his 
experience working at the Australian Embassy in Washington, 
McCarthy said he understands U.S. concerns on why the Torres 
Strait regime might serve as a precedent in other areas.  The 
Australian goal for the consultations will be to lay out 
Australia's analysis on the legal basis for the regime, why 
it does not serve as a precedent and to explore ways to 
address U.S. concerns within Australian political 
constraints.  Econcouns responded that Australia should not 
expect to change our strongly held views on the Torres Strait 
pilotage regime but that we welcome the opportunity to look 
for ways forward. 
 
¶4. (U) The document has been emailed to EAP/ANP and L/OES. 
 
McCallum