TORRES STRAIT PILOTAGE REGIME

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