VZCZCXRO9212
PP RUEHAP RUEHKN RUEHKR RUEHMJ RUEHPB
DE RUEHC #4638/01 0161708
ZNR UUUUU ZZH
P 161657Z JAN 09
FM SECSTATE WASHDC
TO RUEHAP/AMEMBASSY APIA PRIORITY 1310
RUEHBJ/AMEMBASSY BEIJING PRIORITY 5272
RUEHBS/AMEMBASSY BRUSSELS PRIORITY 2617
RUEHBY/AMEMBASSY CANBERRA PRIORITY 3371
RUEHKN/AMEMBASSY KOLONIA PRIORITY 1952
RUEHKR/AMEMBASSY KOROR PRIORITY 1572
RUEHMJ/AMEMBASSY MAJURO PRIORITY 6598
RUEHML/AMEMBASSY MANILA PRIORITY 9401
RUEHME/AMEMBASSY MEXICO PRIORITY 8084
RUEHOT/AMEMBASSY OTTAWA PRIORITY 3636
RUEHPB/AMEMBASSY PORT MORESBY PRIORITY 1457
RUEHQT/AMEMBASSY QUITO PRIORITY 3602
RUEHSN/AMEMBASSY SAN SALVADOR PRIORITY 2196
RUEHUL/AMEMBASSY SEOUL PRIORITY 9727
RUEHSV/AMEMBASSY SUVA PRIORITY 7674
RUEHKO/AMEMBASSY TOKYO PRIORITY 7513
RUEHWL/AMEMBASSY WELLINGTON PRIORITY 6562
RUCPDC/NOAA NMFS SILVER SPRING MD PRIORITY
RUEHIN/AIT TAIPEI PRIORITY 3635
RHMFIUU/CCGDFOURTEEN HONOLULU HI - RHMFIUU PRIORITY

UNCLAS SECTION 01 OF 06 STATE 004638 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: EFIS PHSA SENV KSCA XB XV ZN AQ AS CA CH CW FM FJ
FR, FP, GQ, JA, KR, KS, RM, NR, NC, NZ, CQ, PS, PP, RP, WS, BP, TW, 
TN, US, NH, BH, ID, EC, ES, MX, SG 
SUBJECT: WESTERN AND CENTRAL PACIFIC FISHERIES COMMISSION 
ADOPTS CONSERVATION AND MANAGEMENT MEASURES AT ITS 5TH 
ANNUAL MEETING 
 
REF: A. A. 08 STATE 5966 
     ¶B. B. 08 STATE 119766 
     ¶C. C. 08 STATE 120163 
 
¶1. (U) SUMMARY.  The fifth meeting of the Western and Central 
Pacific Fisheries Commission was held in Busan, Korea from 8 
) 12 December 2008.  The meeting focused on conservation and 
management measures for the region,s two major fish stocks - 
yellowfin and bigeye tuna, adopting a suite of measures for 
purse seine and longline fisheries to reduce the fishing 
effort and total catch of bigeye tuna, and by association 
yellowfin tuna, by 10 percent during 2009 and 30 percent 
before the end of 2011.  The members negotiated and adopted a 
number of other conservation and management measures at this 
meeting, including measures for South Pacific swordfish, 
large-scale driftnets and sea turtles.   The Parties revised 
measures currently in place for sharks and for Cooperating 
non-Members (CNMs) were revised and adopted a resolution on 
the development aspirations of Small Island Developing 
States. The Commission welcomed six CNMs for 2009: Belize, El 
Salvador, Indonesia, Mexico and Senegal and approved 
Ecuador,s application under the condition the country would 
provide the United States with information regarding presumed 
illegal fishing by Ecuadorian vessels in U.S. waters.  A 
number of officers were appointed and a new Commission 
Chairman, Ambassador Satya Nandan of Fiji, was elected for a 
two-year term.  END SUMMARY 
 
¶2. (U) PARTICIPANTS.  The Fifth Regular Session of the 
Western and Central Pacific Fisheries Commission (WCPFC) was 
held in Busan, Korea from 8 ) 12 December 2008. 
Representatives from American Samoa, Australia, Canada, 
China, Cook Islands, European Community, Federated States of 
Micronesia, Fiji, France, French Polynesia, Guam, Japan, 
Kiribati, Korea, Republic of the Marshall Islands, Nauru, New 
Caledonia, New Zealand, Northern Marianas Islands, Palau, 
Papua New Guinea, Philippines, Samoa, Solomon Islands, 
Chinese Taipei, Tonga, the United States, and Vanuatu 
attended the meeting.  Belize and Indonesia participated in 
their capacity as Cooperating non-Members, and the Executive 
Secretary of the Inter-American Tropical Tuna Commission and 
a variety of fishing industry and environmental conservation 
organization representatives observed the proceedings.  A 
number of participants also attended two days of preliminary 
meetings to discuss Cooperating non-Member applications and 
conservation and management measures for yellowfin and bigeye 
tuna.  The Finance and Administration Committee also convened 
prior to the opening of the plenary session of the 
Commission. 
 
BIGEYE AND YELLOWFIN TUNA 
 
¶3.  (U) Developing a conservation and management measure 
(CMM) for yellowfin and bigeye tuna was the Commission,s 
main focus during 2008.  The Chairman,s initial drafts were 
taken from the Vessel Day Scheme (VDS) and Third Implementing 
Arrangement the Parties to the Nauru Agreement (PNA) have 
adopted to regulate fishing activities in their domestic 
waters. (NOTE: The PNA is a collection of eight Pacific 
Island States that have formed a sub-regional agreement on 
the terms and arrangements for licensing tuna purse seine 
fishing vessels. 
Tuna management in the Western and Central Pacific is 
complicated by the fact that the majority of the tuna are 
found in waters under the jurisdiction of Small Island 
Developing States (SIDs). Although the Convention Area 
 
STATE 00004638  002 OF 006 
 
SUBJECT: WESTERN AND CENTRAL PACIFIC FISHERIES COMMISSI 
includes Party,s exclusive economic zones (EEZs), the 
responsibility for managing resources within those waters is 
the sovereign right of a coastal State.  The Commission 
provides the venue for international cooperation to manage 
the highly migratory fish stocks throughout their range. 
Further, conservation measures adopted by the Commission and 
those adopted by Parties for their EEZs must be compatible. 
Given the economic importance of the tuna resources to SIDs, 
there is great pressure within these islands to continue to 
issue access licenses or otherwise develop domestic fleets or 
industries.  This has led to conflict in recent years as some 
SIDs have asserted that the Commission is responsible only 
for managing the high seas and that measures adopted for 
their EEZs are sufficient and no additional measures that may 
limit fishing activities in their EEZs will be acceptable. 
WCPFC5 made some progress on these issues; however, balancing 
sovereign rights and economic and social growth with the need 
for international cooperation to conserve marine resources 
will continue to challenge the Commission during coming 
years.  END NOTE.) 
 
¶5. (U) Just prior to the Commission meeting in December, the 
United States developed and circulated a US paper expressing 
views on the need to adopt measures that are enforceable, 
result in a real and measurable conservation benefit and are 
equitable across all of the Commission members, cooperating 
non-members and participating territories (&CCMs8).  The US 
Views paper also laid out specific management options to 
achieve the required reductions in fishing mortality across 
fleets, taking into account currently available compliance 
and enforcement tools.  Japan also circulated a paper 
promoting a system that would allow each Party to 
independently determine the measures they would implement to 
reduce fishing and catch of bigeye tuna by initially 10 
percent.  Japan,s position appeared to be motivated by their 
opposition to fisheries closures, both temporally and on fish 
aggregating devices (FADs), and a desire to use their 
existing port sampling program to monitor catch of bigeye 
tuna, only reducing fishing where and if necessary.  The 
United States stressed the need to adopt Convention Area-wide 
measures to facilitate monitoring and enforcement and 
increase the effectiveness of the CMM.  In the end, the 
Parties adopted a combination of the PNA measures adopted for 
their domestic waters and the Japanese and U.S. proposals. 
 
¶6. (U) PURSE SEINE MEASURES.  Management measures for the 
purse seine fishery were divided into near term (2009) and 
midterm (2010-2011) activities.   For 2009, all fishing for 
bigeye tuna is capped at 2001-2004 levels, fishing in 
association with fish aggregating devices (FADs) is 
prohibited for 60 days in waters between 20 degrees North and 
20 degrees South latitude, 20 percent observer coverage is 
required for all fleets and Japan is required to reduce their 
total catch of bigeye tuna by 10 percent.  Starting in 2010 
the Third Implementing Arrangement will come into force, 
meaning that purse seine vessels fishing in PNA waters will 
be prohibited from discarding unwanted tuna, fishing in two 
of the high seas pockets, or fishing on FADs between 1 July 
and 30 September.   Unless otherwise decided at the next 
Commission meeting, fishing in other parts of the Convention 
area (high seas and waters of non-PNA members) will be 
subject to a 60 day FAD closure, a high seas pockets closure 
and 100 percent observer coverage on vessels fishing between 
20 degrees North and 20 degrees South latitude.   During the 
2009 and 2010/2011 FAD closures, vessels will be required to 
return and stay in port unless a fisheries observer is on 
board to verify that the vessel did not fish in association 
with FADs.   During the next two years, the Commission will 
consider developing a vessel day scheme (similar to the PNA 
VDS) to limit fishing on the high seas and will attempt to 
conduct research to identify fishing methods or gear that 
effectively reduce catch of juvenile bigeye tunas. 
 
¶7. (U) LONGLINE MEASURES.   Most CCMs are required to reduce 
 
STATE 00004638  003 OF 006 
 
SUBJECT: WESTERN AND CENTRAL PACIFIC FISHERIES COMMISSI 
their longline catch of bigeye tuna by 10 percent every year 
for the next three years, to achieve a 30 percent reduction 
in catch before the end of 2011.  CCMs that historically 
caught less than 2,000mt of bigeye tuna will not have to 
reduce their catch each year and will instead have a 2,000mt 
limit.  Participating territories and SIDs will not have to 
limit their longline catch of bigeye tuna.  Furthermore, the 
Commission agreed that China would not be required to reduce 
its bigeye catch, but instead would be capped at current 
catch levels.  Longline fleets, such as that of the United 
States, which land exclusively fresh fish and catch 5,000mt 
or less, will take a 10 percent reduction in 2009, but will 
not be required to make further reductions during 2010 or 
¶2011. 
 
OTHER CONSERVATION AND MANAGEMENT MEASURES 
 
¶8. (U) SEA TURTLES.  After addressing concerns of Australia, 
New Zealand and battling resistance from the European 
Community to adopt any measure that referenced the use of 
circle hooks, the United States developed a proposal to 
address fishery induced sea turtle mortalities.  The adopted 
measure requires WCPFC vessels to implement safe handling and 
release practices, including the use of dip nets, de-hooking 
devices and line cutters to safely free sea turtles that 
become entangled in fishing gear.  Most notably, the measure 
requires longline vessels fishing for swordfish with 
shallow-set hooks to use circle hooks or whole fish bait. 
This measure makes WCPFC the first regional fishery 
management organization to require the use of modified 
fishing gear, such as circle hooks, to reduce fishery 
interactions with sea turtles.  As an alternative to these 
measures, CCMs may develop alternative mitigation plans that 
can be implemented after they are reviewed and approved by 
the Scientific and Technical and Compliance Committees. 
 
¶9. (U) SHARKS.  The shark CMM previously in place, applied 
only to vessels greater than 24m in length.  The 4th Regular 
Session of the SC concluded that shark bycatch does not 
differ significantly between vessels that are greater than 
24m and vessels that are less than 24m.  Consequently, the 
U.S. delegation proposed revisions to the shark CMM to ensure 
it would apply to sharks caught in association with all 
fisheries managed under the Convention.  The revised measure 
also recognized the continued use of sharks in subsistence 
and artisanal fisheries and called for the SC to provide 
guidance on establishing a research plan to assess the status 
of key shark species in the Convention Area. 
 
¶10. (U) HIGH SEAS DRIFTNET FISHING.  The 4th Regular Session 
of the Northern Committee Meeting (NC4) recommended the 
Commission adopt a CMM prohibiting the use of large-scale 
driftnets on the high seas in the Convention Area (reftel B). 
 The Commission adopted a U.S. proposal that prohibits the 
use and possession of this gear on the high seas of the 
Convention Area.  Although a number of international 
instruments exist that regulate the use of large-scale 
driftnets, this new WCPFC measure enables Parties to utilize 
the Commission,s high seas boarding and inspection scheme to 
board and inspect vessels suspected of carrying or using this 
gear.  In the absence of an appropriate flag state 
enforcement response, vessels documented violating this CMM 
can then be forwarded to the Commission for consideration of 
inclusion on the WCPFC,s Illegal, Unreported and Unregulated 
(IUU) vessel list. 
¶11. (U) SWORDFISH.  The previous measure caped the total 
number of vessels that may fish for swordfish south of 20 
degrees South latitude.  The newly adopted CMM in addition, 
sets annual limits on CCM,s total catch of South Pacific 
Swordfish.  This measure was highly controversial and 
eventually led to the EC agreeing to allow the Commission,s 
scientific services provider (the SPC,s Oceanic Fisheries 
Program) to review data currently available, pursuant to an 
appropriate confidentiality agreement and in cooperation with 
 
STATE 00004638  004 OF 006 
 
 
¶12. (U) APPLICATIONS.  CCMs met prior to the Commission 
meeting to discuss the 2009 cooperating non-member 
applications from Belize, Ecuador, El Salvador, Indonesia, 
Mexico and Senegal.  Following a presentation from the 
Commission,s legal advisor, Belize, Ecuador, El Salvador and 
Indonesia described their fishing effort in the Convention 
Area (Mexico and Senegal did not attend.)  Belize, El 
Salvador and Indonesia were accepted as CNMs with little 
discussion within the Commission.  Following a thorough 
evaluation of their applications, and consultations to 
resolve outstanding questions regarding current and intended 
fishing effort and how the CMMs would apply to their vessels, 
Mexico and Senegal were accepted.  During discussions 
regarding Ecuador,s application, the United States noted 
that despite numerous requests through the last year and a 
half, Ecuador has not taken steps to address presumed IUU 
fishing activities by a number of their vessels within U.S. 
waters.  A number of other Parties also raised concerns about 
Ecuador,s involvement in illegal fishing activities.  After 
participating in numerous bilateral discussions with the 
United States, Ecuador was granted CNM status on the 
condition it provides the United States with information by 
February 15, 2009, regarding fishing activities of Ecuadorian 
vessels in U.S. waters.  If it does not provide all the 
requested information to the satisfaction of the United 
States, its CNM status will become null and void.  Belize 
also requested support from members to become a full Member 
of the Commission. Discussions regarding their request will 
be progressed intersessionally by the Executive Director. 
 
¶14. (U) COOPERATING NON-MEMBER MEASURE.  Following the 
contentious discussion regarding CNMs that occurred during 
the 4th Annual WCPFC meeting (reftel A), the Chairman tasked 
the Parties to improve and clarify the process for evaluating 
CNM applications.  During the 2008 meeting of the TC), Palau 
proposed changes to the current CNM measure and presented a 
flow chart outlining the specific steps for evaluating 
applications.  TCC revised Palau,s flowchart to reflect the 
measure that was currently in force and tasked Canada with 
revising the CNM measure based on comments submitted by CCMs. 
 Canada presented a well balanced proposal at the Commission 
meeting and led efforts to adopt a revised measure that inter 
alia, requires CNMs to accept high seas boardings and 
inspections, encourages CNMs to voluntarily limit their catch 
or number of vessels fishing in the WCPFC Convention area 
given the status of the stocks and requires CNMs to respond 
in a timely manner to allegations of IUU fishing. 
 
MONITORING, CONTROL AND SURVEILLANCE 
¶15. (U) VESSEL MONITORING SYSTEM (VMS).   Before adopting the 
service level agreement to officially establish the &Pacific 
VMS8, the Commission worked to resolve outstanding issues 
with the Commission VMS Standards, Specifications and 
Procedures (SSPs).  Agreement could not be reached on how to 
handle  reporting in the event of a breakdown of a VMS, so 
the SSPs were adopted with the understanding that this issue 
would be discussed at TCC5 and hopefully resolved at WCPFC6. 
Subsequently, the Commission adopted the service level 
agreement for the Pacific VMS and an implementation date of 
April 1, 2009 was established for the Commission,s VMS to 
become operational.  The WCPFC and FFA Secretariats executed 
that agreement shortly thereafter.  The Finance and 
Administration Committee (FAC) reviewed estimates of the cost 
structure for the VMS program and recommended an increase in 
funds to allow 600 additional vessels (double the original 
estimate) in the Commission,s VMS program during the first 
year. 
¶16. (U) REGIONAL OBSERVER PROGRAM.  The Commission adopted 
the recommendations of the ROP Intersessional Working Group 
(IWG-ROP) and decisions of the TCC including recommendations 
on interim minimum standards, data to be collected by 
 
STATE 00004638  005 OF 006 
 
SUBJECT: WESTERN AND CENTRAL PACIFIC FISHERIES COMMISSI 
observers, the role and function of audits, the authorization 
process for national observers, and the need to extend the 
mandate of the IWG-ROP.  The Commission is tentatively 
planning a meeting of the IWG-ROP for March 2009 in Guam. 
During 2009 the IWG-ROP will further consider issues related 
to vessel size, program costs, observer safety and issues 
related to the definitions of &principally8, 
&occasionally8, &adjacent8 and &impartial8, which will 
determine if a fleet will be allowed to carry fisheries 
observers from the national observer programs of its flag 
state. 
 
¶17. (U) IUU VESSEL LIST.  The 2009 WCPFC IUU vessel list 
contains two vessels: Jinn Feng Tsair (Chinese-Taipei) and 
Daniela F (Venezuela). Although the TCC4 considered eight 
vessels for potential listing, two of which were placed on 
the Provisional IUU list, no new vessels were added because 
the concerned Parties reached bilateral agreements to address 
the presumed IUU activities. 
 
FINANCE AND ADMINSTRATION COMMITTEE 
¶18. (U) In determining the funds necessary to support the 
work of the Commission, the Finance and Administration 
Committee (FAC) recommended expanding the Secretariat staff 
to include a second VMS program operator and a data quality 
officer.  The FAC also recommended augmenting the budget to 
reflect 600 more vessels in the WCPFC VMS in 2009 than were 
accounted for in the original budget.  The FAC recommended 
extended the contract of the current Director, Mr. Andrew 
Wright of Australia, for an additional four years. Guided by 
Australia and the United States, the FAC created a template 
for a strategic plan to assist Parties in identifying 
priorities for the Commission andCanada agreed to coordinate 
the development a strategic plan.  Mr. Terry Toomata of Samoa 
was re-elected as FAC chairman and Mr. Lui Xiaobing of China 
was selected as co-chair.  The total budget approved by the 
Commission for 2009 was $4,209,155 with the United States 
paying $385,623, or approximately 9% of the total budget. 
OTHER ISSUES 
¶19. (U) SMALL ISLAND DEVELOPING STATES.  The Parties adopted 
a resolution recognizing the special needs of developing 
island States and territories.  This resolution prompts the 
Parties to consider options to accommodate and assist SIDS 
and territories in their aspirations to develop domestic 
fisheries.  Specifically, CCMs are asked to take concerted 
efforts and consider innovative options to reduce or 
restructure their fleets to open fishing capacity for SIDS, 
development, and to cooperate with SIDS in investments in 
fishing vessels as well as shore-side facilities.   The 
resolution also outlines a number of principles that should 
be taken into account when adopting conservation and 
management measures so as not to unduly or disproportionately 
burden SIDS or territories. 
¶20. (U) BLUEFIN TUNA.  The North Committee (NC4) postponed 
agrement on a recommended measure to cap both the total 
fishing effort and the fishing mortality rate of Pacific 
bluefin tuna until the Commission meeting (reftel B). 
Unfortunately, prior to the meeting Korea circulated a 
written notification that they were currently unable to agree 
to such a measure.  It is not clear if this measure will be 
re-tabled at the 2009 NC meeting.  In the interim, some 
outreach to Korea will be necessary to better understand its 
concerns and ensure its future cooperation in such efforts. 
¶21. (U) TRANSHIPMENT.  The Commission has been continually 
challenged by differences between the coastal states, whose 
ports and shore side facilities would benefit economically 
from a total prohibition on at-sea transhipment, and distant 
water fishing nations for which certain fishing operations 
are established and based on their ability to tranship 
at-sea.  The proposal tabled by the Marshall Islands 
contained a number of contentious elements, such as 
prohibitions against transhipping in the high seas pockets, 
transhipping frozen fish at sea between 20 North and 20 South 
latitude and transhipping to carrier vessels flagged to 
 
STATE 00004638  006 OF 006 
 
SUBJECT: WESTERN AND CENTRAL PACIFIC FISHERIES COMMISSI 
non-CCM nations -- an activity that is currently allowed by 
the Commission.  In an attempt to produce a consensus 
document, there was significant movement on a number of these 
controversial issues towards the end of the meeting; however, 
there was not enough time to resolve other details of the 
draft measure.   The Commission therefore decided to develop 
a revised measure intersessionally and adopted a one-year 
extension of the exemptions currently in place for at-sea 
transshipment agreeing that further extensions would be 
unacceptable. 
 
¶22. (U) COMPLIANCE WORKING GROUP (C2M2).  Australia proposed 
and will lead an intersessional Compliance with Conservation 
and Management Measures Working Group (C2M2) that will 
recommend to TCC5 options for an effective structure and 
process for a WCPFC Compliance Monitoring Scheme.  Draft 
terms of reference were tabled at WCPFC5, but there was not 
sufficient time to agree on them.  The United States will 
provide further comments on the draft terms of reference for 
the C2M2 Working Group, and will participate in its work. 
 
¶23. (U) CHAIRMANSHIP.  There were three candidates for WCPFC 
Chairman: Mr. Masanori Miyahara of Japan, Mr. William 
Gibbons-Fly of the United States and Mr. Satya Nandan of 
Fiji.  Following discussion in heads of delegation meetings, 
the Commission elected, by consensus, Ambassador Satya Nandan 
for a term of two years.  It was agreed that at the expiry of 
this term, non-FFA States will provide a candidate or 
candidates for the position of Chair for the consideration of 
the Commission.  Ms. Sylvie LaPointe of Canada was selected 
to serve as Vice-Chair during Mr. Nandan,s two year term. 
 
¶24. (U) OFFICERS.  Mr. Naozumi Miyabe of Japan was elected 
chair of the Scientific Committee and Mr. Keith Bigelow of 
the United States was elected Vice-Chair.   Mr. Masanori 
Miyahara was re-elected as the Chairman of the Northern 
Committee and Mr. Benjamin Tabios of the Philippines was 
elected to serve as Vice-Chair. 
 
¶25. (U) NEXT MEETINGS.  The next annual meeting of the WCPFC 
will be held in French Polynesia December 7-11, 2009.  The 
provisional schedule for the subsidiary bodies of the WCPFC 
will start with a meeting of the IWG-ROP program in Guam 
17-21 March 2009.  The Scientific Committee will meet August 
10-21, 2009 in Port Vila, Vanuatu.  The Northern Committee 
will meet September 15-17, 2009 in Japan and the Technical 
and Compliance Committee will meet October 1-6, 2009 in 
Pohnpei, Federated States of Micronesia. 
 
¶26. (U) CONTACT INFORMATION.  Please direct related questions 
or comments to Ms. Sarah McTee, Office of Marine 
Conservation, by phone (202-647-3941) or via the 
Department,s classified or unclassified email system at 
McTeeSa@state.gov. 
RICE