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Treaty between the United States of America and the Cook Islands on Friendship and Delimitation of the Maritime Boundary between the United States of America and the Cook Islands (and Exchange Of Notes) [1980] PITSE 6 (11 June 1980)

TREATY BETWEEN THE UNITED STATES OF AMERICA AND THE COOK ISLANDS ON FRIENDSHIP AND DELIMITATION OF THE MARITIME BOUNDARY BETWEEN THE UNITED STATES OF AMERICA AND THE COOK ISLANDS (AND EXCHANGE OF NOTES)

(Rarotonga, 11 June 1980)

ENTRY INTO FORCE: 11 JUNE 1980

THE TWO GOVERNMENTS,

1. DESIRING to strengthen the existing bonds of friendship between their countries and in particular between the peoples of the Cook Islands and American Samoa,

2. NOTING the Territorial Sea and Exclusive Economic Zone Act of 1977 of the Cook Islands,

3. NOTING the Fishery Conservation and Management Act of 1976 of the United States of America,

4. DESIRING to establish a maritime boundary between the United States of America and the Cook Islands,

5. NOTING that the United States of America has maintained a claim to sovereignty over the islands of Pukapuka (Danger), Manihiki, Rakahanga and Penrhyn,

6. NOTING further that this claim has not been recognized by the Cook Islands,

7. HAVE AGREED AS FOLLOWS:

Article I

8. The maritime boundary between the United States of America and the Cook Islands shall be determined by the geodetic lines connecting the following coordinates:

Article II

9. The geodetic and computational bases used are the World Geodetic System, 1972 (WGS 72) and the following charts and aerial plans:

10. Rose Island - U.S. Chart NOS 83484, 6th ad.,
11. March 26/77, 1:80,000 - local datum;
12. Manua Islands - U.S. Chart NOS 83484, 6th ad.
13. March 26/77, 1:80,000 - corrected for WGS 72, 1980;
14. Swains Island - U.S. Chart NOS 83484, 6th ad.,
15. March 26/77, 1:40,000 - astro datum 1939;
16. Palmerston Atoll - Aerial Plan No. 1036/8H
(N.Z. Lands & Survey), 1:50,400, 1976 - local datum;
17. Suwarrow (Suvorov) Atoll - Aerial Plan No. 1036/8E
(N.Z. Lands & Survey), 1:50,400, 1975 - local datum;
Nassau Island - Aerial Plan No. 1036/8B (N.Z. Lands &
18. Survey), 1:148,000, 1974 - local datum;
19. Pukapuka (Danger) Island - Aerial Plan No. 1036/8D
(N.Z. Lands & Survey), 1:28,800, 1975 - local datum;
20. Niue - British Admiralty Chart BA 968, 16th ad.,
21. March 1979, 1:150,000, corrections to 1979 - local datum;
22. Fakaofo Atoll - Aerial Plan No. 1036/7C (N.Z. Lands &
23. Survey), 1:18,000,1974, local datum.

Article III

24. On the side of the maritime boundary adjacent to the Cook Islands, the United States of America shall not, and on the side of the maritime boundary adjacent to American Samoa the Cook Islands shall not, claim or exercise for any purpose sovereign rights or jurisdiction over the waters or seabed and subsoil.

Article IV

25. The maritime boundary established by this Treaty shall not affect or prejudice in any manner any government's position with respect to the rules of international law concerned with the exercise of jurisdiction over the waters or seabed and subsoil or any other matter relating to the law of the sea.

Article V

26. The United States of America recognizes the sovereignty of the Cook Islands over the islands of Penrhyn, Pukapuka (Danger), Manihiki and Rakahanga.

Article VI

27. The Government of the United States of America and the Government of the Cook Islands, in the spirit of peace and friendship existing between the two governments and peoples, agree to cooperate with a view to promoting social and economic development in the Cook Islands, and to work toward the advancement of the South Pacific region an a whole. To these ends, they shall promote discussions between their peoples and appropriate government entities, in particular between the peoples of the Cook Islands and American Samoa.

Article VII

28. This Treaty shall be subject to ratification and shall enter into force on the date of the exchange of instruments of ratification.

29. DONE in duplicate, in the English and Maori languages, of which English shall be the authentic text, at Rarotonga this eleventh day of June 1980.

EXCHANGE OF LETTERS

ASSISTANT SECRETARY OF STATE, OCEANS AND INTERNATIONAL ENVIRONMENTAL
AND SCIENTIFIC AFFAIRS,

Washington, D.C., June 11, 1980.

Mr. JAMES GOSSELIN,
Secretary of External Affairs, Department of External Affairs,
Rarotonga,
Cook Islands.


Dear Sir:

This is in reference to your letter of today's date concerning discussions between representatives of our two governments which took place October 17-19,1979, in Rarotonga concerning matters relating to the fishery resources within the 200-mile zone of the Cook Islands.

I understand the importance the Government of the Cook Islands attaches to the development of its fishery resources for the benefit of the people of the Cook Islands.

I appreciate the assurances contained in your letter. I also appreciate that the Cook Islands Government understands the concerns which we have expressed and that these concerns will be taken into account in the implementation of the policy set forth in your letter.

For our part, the Government of the United States of America fully intends to promote close cooperation between the Cook Islands authorities and United States flag vessel owners and operators. We will also be pleased to facilitate such cooperation between Cook Islands authorities and vessels supplying the canneries in American Samoa. We have transmitted a copy of your letter and this reply to the American Samoan authorities and would expect that they will take the same view.

Sincerely,
THOMAS R. PICKERING.
GOVERNMENT OF THE COOK ISLANDS,
June 11, 1980.


DEPARTMENT OF EXTERNAL AFFAIRS,
Rarotonga, Cook Islands,


Mr. THOMAS R. PICKERING,
Assistant Secretary of State, Oceans and International Environmental and Scientific Affairs, Department of State, 'Washington,, D.C.

DEAR SIR: I have the honour to refer to recent discussions between representatives of our two Governments which took place October 17-19, 1979, in Rarotonga concerning matters relating to the fisheries resources within the Cook Islands Exclusive Economic Zone, and to the information exchanged in the course of those talks. I understand the importance attached by the people of American Samoa to seeing that third country vessels operating from American Samoa have continued access to the fisheries resources which they have fished in the past, including the fishery resources of the Cook Islands Exclusive Economic Zone. I also understand the desire on the part of the Government of the United States of America to ensure that its flag vessels which may desire to fish in the Cook Islands zone will be permitted to do so.

It is the policy of the Government of the Cook Islands to consider implications for fishery licenses in its Exclusive Economic Zone on a non-discriminatory basis without special regard for any particular country or its vessels. I can assure you that with respect to United States flag vessels or vessels supplying canneries in American Samoa, application for licenses to fish in the
Cook Islands Exclusive Economic Zone will be treated in accordance with this policy.

The Government of the Cook Islands regards it as desirable to establish a cooperative relationship with United States flag vessels wishing to fish in the Cook Islands Zone and with along these lines and would expect that the Government of the United States, as appropriate, would facilitate such cooperative relationships.

Yours sincerely,
James Gosselin
Secretary of External Affairs