Section 121p. 121

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

6. All ships must respect these safety zones and shall

comply with generally accepted international standards

regarding navigation in the vicinity of artificial islands,

installations, structures and safety zones.

7. Artificial islands, installations and structures and the

safety zones around them may not be established where

interference may be caused to the use of recognized sea

lanes essential to international navigation.

8. Artificial islands, installations and structures do not

possess the status of islands. They have no territorial sea

of their own, and their presence does not affect the

delimitation of the territorial sea, the exclusive economic

zone or the continental shelf.

Article 61. Conservation of the living resources

1. The coastal State shall determine the allowable catch of

the living resources in its exclusive economic zone.

2. The coastal State, taking into account the best scientific

evidence available to it, shall ensure through proper

conservation

and

management

measures

that

the

maintenance of the living resources in the exclusive

economic zone is not endangered by over-exploitation. As

appropriate,

the

coastal

State

and

competent

international

organizations,

whether

subregional,

regional or global, shall cooperate to this end.

3. Such measures shall also be designed to maintain or

restore populations of harvested species at levels which

can produce the maximum sustainable yield, as qualified

by

relevant

environmental

and

economic

factors,

including

the

economic

needs

of

coastal

fishing

communities and the special requirements of developing

States, and taking into account fishing patterns, the

interdependence

of

stocks

and

any

generally

recommended

international

minimum

standards,

whether subregional, regional or global.

4. In taking such measures the coastal State shall take

into consideration the effects on species associated with

or dependent upon harvested species with a view to

maintaining or restoring populations of such associated

or

dependent

species

above

levels

at

which

their

reproduction may become seriously threatened.

5. Available scientific information, catch and fishing effort

statistics, and other data relevant to the conservation of

fish stocks shall be contributed and exchanged on a

regular

basis

through

competent

international

organizations, whether subregional, regional or global,

where appropriate and with participation by all States

concerned, including States whose nationals are allowed

to fish in the exclusive economic zone.

Article 62. Utilization of the living resources

1.

The

coastal

State

shall

promote the objective of

optimum

utilization

of

the

living

resources

in

the

exclusive economic zone without prejudice to article 61.

2. The coastal State shall determine its capacity to harvest

the living resources of the exclusive economic zone.

Where the coastal State does not have the capacity to

harvest

the

entire

allowable catch, it shall, through

agreements or other arrangements and pursuant to the

terms, conditions, laws and regulations referred to in

paragraph 4, give other States access to the surplus of the

allowable catch, having particular regard to the provisions

of

articles

69

and

70,

especially

in

relation to the

developing States mentioned therein.

3.

In

giving

access

to

other States to its exclusive

economic zone under this article, the coastal State shall

take into account all relevant factors, including, inter alia ,

the significance of the living resources of the area to the

economy of the coastal State concerned and its other

national interests, the provisions of articles 69 and 70, the

requirements of developing States in the subregion or

region in harvesting part of the surplus and the need to

minimize economic dislocation in States whose nationals

have habitually fished in the zone or which have made

substantial efforts in research and identification of stocks.

4. Nationals of other States fishing in the exclusive

economic

zone

shall

comply

with

the

conservation

measures and with the other terms and conditions

established in the laws and regulations of the coastal

State. These laws and regulations shall be consistent with

this

Convention

and

may

relate,

inter

alia ,

to

the

following:

(a) licensing of fishermen, fishing vessels and equipment,

including

payment

of

fees

and

other

forms

of

remuneration, which, in the case of developing coastal

States, may consist of adequate compensation in the field

of financing, equipment and technology relating to the

fishing industry;

(b) determining the species which may be caught, and

fixing quotas of catch, whether in relation to particular

stocks or groups of stocks or catch per vessel over a

period of time or to the catch by nationals of any State

during a specified period;

(c) regulating seasons and areas of fishing, the types, sizes

and amount of gear, and the types, sizes and number of

fishing vessels that may be used;

(d) fixing the age and size of fish and other species that

may be caught;

(e) specifying information required of fishing vessels,

including catch and effort statistics and vessel position

reports;

(f) requiring, under the authorization and control of the

coastal State, the conduct of specified fisheries research

programmes

and

regulating

the

conduct

of

such

research, including the sampling of catches, disposition of

samples and reporting of associated scientific data;

(g) the placing of observers or trainees on board such

vessels by the coastal State;

(h) the landing of all or any part of the catch by such

vessels in the ports of the coastal State;

(i) terms and conditions relating to joint ventures or other

cooperative arrangements;

(j) requirements for the training of personnel and the

transfer of fisheries technology, including enhancement

of the coastal State's capability of undertaking fisheries

research;

(k) enforcement procedures.

5. Coastal States shall give due notice of conservation and

management laws and regulations.

Article 63. Stocks occurring within the exclusive economic

zones of two or more coastal States or both within the

exclusive economic zone and in an area beyond and

adjacent to it

1. Where the same stock or stocks of associated species

occur within the exclusive economic zones of two or more

coastal States, these States shall seek, either directly or

through

appropriate

subregional

or

regional

organizations, to agree upon the measures necessary to

coordinate

and

ensure

the

conservation

and

development of such stocks without prejudice to the

other provisions of this Part.

2. Where the same stock or stocks of associated species

occur both within the exclusive economic zone and in an

area beyond and adjacent to the zone, the coastal State

and the States fishing for such stocks in the adjacent area

shall

seek,

either

directly

or

through

appropriate

subregional or regional organizations, to agree upon the

measures necessary for the conservation of these stocks

in the adjacent area.

Article 64. Highly migratory species

1. The coastal State and other States whose nationals fish

in the region for the highly migratory species listed in

Annex I shall cooperate directly or through appropriate

international

organizations

with

a

view

to

ensuring

conservation and promoting the objective of optimum

utilization of such species throughout the region, both

© Compiled by RGL

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