US embassy cable - 04WELLINGTON833

C O N F I D E N T I A L SECTION 01 OF 02 WELLINGTON 000833 
 
SIPDIS 
 
DEPT FOR EAP/ANP, OES/OMC 
BANGKOK FOR ESTH 
 
E.O. 12958: DECL: 09/29/2014 
TAGS: SENV, EFIS, TBIO, ETRD, NZ 
SUBJECT: NEW ZEALAND: LUKEWARM RESPONSE TO CITES 
"INTRODUCTION FROM THE SEA" PROPOSAL FOR COP13 
 
REF: STATE 195377 
 
Classified By: POLITICAL AND ECONOMIC COUNSELOR KATHERINE B. HADDA, 
FOR REASONS 1.5 (B,D) 
 
 1. (C) Summary: The GoNZ is unlikely to support the U.S. 
draft resolution that aims to clarify the term "Introduction 
from the Sea."  New Zealand Ministry of Foreign Affairs and 
Trade (MFAT) interlocutors expressed skepticism that the 
draft submission as written will address illegal, unregulated 
and unreported (IUU) fishing.  They are also not sure that 
CITES is an appropriate forum for a discussion of flag state 
responsibilities.  Despite these reservations, the GoNZ would 
likely support the U.S. proposal if it appeared that a 
majority of other member states agreed.  End summary. 
 
2. (U) Post delivered reftel demarche to the Environment 
Division of the New Zealand Ministry of Foreign Affairs and 
Trade (MFAT.)  MFAT discussed the U.S. proposal at a 
September 27 roundtable that included representatives from 
the Ministry of Environment and Ministry of Fish.  On 
September 28, Poloff discussed the roundtable's views with 
Emma Kerslake, an Australian Department of Foreign Affairs 
and Trade official seconded to MFAT's Environment Division, 
(NB: Kerslake did not attend the roundtable, but was given a 
read-out to convey to us.) 
 
3. (C) Kerslake noted that the roundtable participants were 
unclear on the motivation behind the U.S. proposed draft 
resolution, and asked what specifically the U.S. hopes to 
achieve by its passage.  Kerslake noted that if the desired 
result was truly a desire to achieve better scientific data 
collection, there were more effective mechanisms.  Poloff 
responded that the resolution would assist in addressing IUU. 
 While agreeing that IUU is a serious concern for NZ, 
Kerslake was skeptical that this proposal would enhance the 
accuracy of CITES trade data and specimen tracking, believing 
that a broader catch documentation scheme would be more 
effective.  Kerslake then noted that the proposed resolution 
would have no impact on the NZ fishing industry, as they do 
not have any need for IFS certificates ) neither harvesting 
endangered species nor allowing foreign flagged vessels to 
use NZ as a port of first landing for Article II species. 
 
Specific Questions 
------------------ 
 
4. (C) Kerslake highlighted the following specific areas of 
concern and questions which she said were raised by GoNZ 
officials at the roundtable: 
 
-- Kerslake said the officials expressed concern over the 
proposal to allow agreements between the Management Authority 
of a State of first landing and a flag State, questioning why 
a flag state would be in a better position to regulate than a 
landing authority.  She acknowledged, however, that it might 
be valuable for a landing authority to be able to request 
information from a landing vessel's government. 
 
-- Para. 13:  Is CITES the best forum for a discussion of the 
responsibilities of flag states? 
 
-- Para. 19:  Would the landing authority be empowered under 
the proposal to get this information from the flag state? If 
so, GONZ agrees this would be an advantage in combating IUU. 
 
-- Para. 21:  While applauding the intent, Kerslake noted 
GONZ reservations at the ability of this resolution to impose 
on non-party states a determination by a regional or 
international management organization that a particular 
landing is detrimental. 
 
We can be convinced 
------------------- 
 
5. (C) Kerslake noted that the GoNZ would likely support the 
U.S. proposal if it appeared that a majority of member states 
agreed.  However, should the resolution appear unlikely to be 
passed, she suggested the U.S. consider proposing as a 
separate resolution a definition of "in the marine 
environment not under the jurisdiction of any State." 
Kerslake said the GoNZ would support this. 
 
Comment 
------- 
 
6. (C) As noted, Kerslake is an employee of the Australian 
DFAT, and has previously worked on fisheries issues for 
Australia, although she is not familiar with CITES in 
particular.  She was very forthright during the meeting, and 
admitted that her interpretation might be more direct than 
that intended by New Zealand interlocutors.  It is likely 
that the GoNZ delegation in Bangkok will appear to be more 
conciliatory, and may not couch their concerns in the same 
language.  However, it appears that the GoNZ's skepticism 
about the need for and the language in the U.S. resolution is 
genuine. 
Burnett