PNG, Federated States of Micronesia sign treaty on Maritime Boundaries

The PNG/FSM Maritime Border Agreement was originally signed in July 1991 by Papua New Guinea and Federated States of Micronesia.

The 1991 Treaty was agreed to after joint field surveys were conducted by technical teams from Papua New Guinea and Federated States of Micronesia. To date both countries had not undertaken internal ratification process to adopt the Treaty respectively.

However, there were certain errors identified in the Annex to the Treaty that had to be corrected including a more updated and accurate information on the maritime boundary between the two countries.

Those errors were rectified today with the signing of the Treaty on Maritime Boundaries with the President of the Federated States of Micronesia, H.E. Peter Christian. Comments by the Prime Minister, Hon. Peter O’Neill CMG MP at the Treaty signing: “Today marks a new era for Papua New Guinea and the Federated States of Micronesia.

“It has been twenty-four years since the text of this bilateral Treaty concerning Maritime Boundaries and Co-operation on Related Matters was signed.

“I thank the work done by our officials on both sides since 2008 in reviewing and finalising the baseline coordinates and maritime zones.

“It is also important to acknowledge the technical assistance provided by the Secretariat of the Pacific Community in this project. “This agreement is straight forward – but is important as it will enhance joint fisheries cooperation between our countries.

“We now need to ensure the Exchange of Notes relating to this Treaty are ratified and implemented in legislation – we will do this in our Parliament in the October session.

“The Federated States of Micronesia and PNG are both nations where fisheries are of vital importance and we look forward to continue working together. “Papua New Guinea and Micronesia will work towards "Strengthening Connections to enhance Pacific Regionalism".

Background to PNG/FSM Maritime Border Agreement

Technology available at the time the Treaty differed significantly from today, and there was not access to data collection as is available with sophisticated satellite imagery and coastal data techniques.

The proposed changes to the 1991 Treaty help ensure that relevant references in the current work on extended continental shelf claims by both countries, including fisheries, enforcement have the correct and updated technical information.

The future delimitation of any extended continental shelf between the two countries will need to reflect a correct boundary.  This means the intersections from Papua New Guinea’s EEZ with the Federated States of Micronesia’s EEZ had to be adjusted based on updated information and calculated EEZs from both countries.   

There was no illustrative map of the boundary line found in the original Treaty. There is a growing trend of State Practice of Treaties in the Region to have illustrative maps of the area.

Papua New Guinea undertook a comprehensive review of its baseline coordinates and maritime zones from 2008 – 2011 covered under the new Maritime Zones Act 2015, naturally impacted on this Treaty.

One change agreed to was the intersection line of the PNG EEZ with FSM’s EEZ. Given that PNG has new baseline coordinates and updated maritime zones in place impacted on the end points of the treaty line.

PNG’s EEZ did not intersect well with FSM’s EEZ under existing 1991 Treaty; therefore both countries agreed to create two additional treaty points so EEZ line from both countries intersected well. The changes agreed to, do not put both countries in any disadvantaged position.

Joint fisheries cooperation can be facilitated once the Original Treaty and Exchange of Notes with the new changes are ratified and implemented in national legislation in force in two countries.

The implications for the Regional Niue Treaty on Joint Cooperation and cross border enforcement becomes relevant which has been outstanding for some time.  This Treaty once ratified by both countries will complement efforts on high seas surveillance, control and monitoring under Western Central Pacific Tuna Agreement.

Both PNG and FSM will have clear defined boundaries for purposes of any IUU type infringement or for section 75 infringements of the Fisheries Management Act (activities contrary to the laws of another State; i.e. making it illegal to bring fish into PNG from other jurisdictions. 

Some of these issues can be negotiated into subsidiary fisheries enforcement agreements under the Niue Treaty should both countries decide to take this up further. 

Given this latest development will open up the scope for a more formal bilateral relationship to be engaged by both countries.