Section 122p. 122

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

within and beyond the exclusive economic zone. In

regions

for

which

no

appropriate

international

organization exists, the coastal State and other States

whose nationals harvest these species in the region shall

cooperate

to

establish

such

an

organization

and

participate in its work.

2. The provisions of paragraph 1 apply in addition to the

other provisions of this Part.

Article 65. Marine mammals

Nothing in this Part restricts the right of a coastal State or

the

competence of an international organization, as

appropriate, to prohibit, limit or regulate the exploitation

of marine mammals more strictly than provided for in this

Part.

States

shall

cooperate

with

a

view

to

the

conservation of marine mammals and in the case of

cetaceans

shall

in

particular

work

through

the

appropriate

international

organizations

for

their

conservation, management and study.

Article 66. Anadromous stocks

1. States in whose rivers anadromous stocks originate shall

have the primary interest in and responsibility for such

stocks.

2. The State of origin of anadromous stocks shall ensure

their conservation by the establishment of appropriate

regulatory measures for fishing in all waters landward of

the outer limits of its exclusive economic zone and for

fishing provided for in paragraph 3(b). The State of origin

may, after consultations with the other States referred to

in paragraphs 3 and 4 fishing these stocks, establish total

allowable catches for stocks originating in its rivers.

3. (a) Fisheries for anadromous stocks shall be conducted

only in waters landward of the outer limits of exclusive

economic zones, except in cases where this provision

would result in economic dislocation for a State other

than the State of origin. With respect to such fishing

beyond the outer limits of the exclusive economic zone,

States concerned shall maintain consultations with a view

to achieving agreement on terms and conditions of such

fishing

giving

due

regard

to

the

conservation

requirements and the needs of the State of origin in

respect of these stocks.

(b) The State of origin shall cooperate in minimizing

economic dislocation in such other States fishing these

stocks, taking into account the normal catch and the

mode of operations of such States, and all the areas in

which such fishing has occurred.

(c) States referred to in subparagraph (b), participating by

agreement with the State of origin in measures to renew

anadromous stocks, particularly by expenditures for that

purpose, shall be given special consideration by the State

of origin in the harvesting of stocks originating in its

rivers.

(d) Enforcement of regulations regarding anadromous

stocks beyond the exclusive economic zone shall be by

agreement between the State of origin and the other

States concerned.

4. In cases where anadromous stocks migrate into or

through the waters landward of the outer limits of the

exclusive economic zone of a State other than the State of

origin, such State shall cooperate with the State of origin

with regard to the conservation and management of

such stocks.

5. The State of origin of anadromous stocks and other

States fishing these stocks shall make arrangements for

the implementation of the provisions of this article, where

appropriate, through regional organizations.

Article 67. Catadromous species

1. A coastal State in whose waters catadromous species

spend the greater part of their life cycle shall have

responsibility for the management of these species and

shall ensure the ingress and egress of migrating fish.

2. Harvesting of catadromous species shall be conducted

only in waters landward of the outer limits of exclusive

economic zones. When conducted in exclusive economic

zones, harvesting shall be subject to this article and the

other provisions of this Convention concerning fishing in

these zones.

3. In cases where catadromous fish migrate through the

exclusive economic zone of another State, whether as

juvenile or maturing fish, the management, including

harvesting, of such fish shall be regulated by agreement

between the State mentioned in paragraph 1 and the

other State concerned. Such agreement shall ensure the

rational

management

of

the

species

and take into

account the responsibilities of the State mentioned in

paragraph 1 for the maintenance of these species.

Article 68. Sedentary species

This Part does not apply to sedentary species as defined

in article 77, paragraph 4.

Article 69. Right of land-locked States

1. Land-locked States shall have the right to participate,

on

an

equitable

basis,

in

the

exploitation

of

an

appropriate part of the surplus of the living resources of

the exclusive economic zones of coastal States of the

same

subregion

or

region,

taking into account the

relevant economic and geographical circumstances of all

the

States

concerned

and

in

conformity

with

the

provisions of this article and of articles 61 and 62.

2. The terms and modalities of such participation shall be

established by the States concerned through bilateral,

subregional or regional agreements taking into account,

inter alia :

(a) the need to avoid effects detrimental to fishing

communities or fishing industries of the coastal State;

(b)

the

extent

to

which

the

land-locked

State,

in

accordance

with

the

provisions

of

this

article,

is

participating or is entitled to participate under existing

bilateral,

subregional

or

regional

agreements in the

exploitation of living resources of the exclusive economic

zones of other coastal States;

(c) the extent to which other land-locked States and

geographically disadvantaged States are participating in

the exploitation of the living resources of the exclusive

economic zone of the coastal State and the consequent

need to avoid a particular burden for any single coastal

State or a part of it;

(d)

the

nutritional

needs of the populations of the

respective States.

3.

When the harvesting capacity of a coastal State

approaches a point which would enable it to harvest the

entire

allowable catch of the living resources in its

exclusive economic zone, the coastal State and other

States concerned shall cooperate in the establishment of

equitable arrangements on a bilateral, subregional or

regional basis to allow for participation of developing

land-locked States of the same subregion or region in the

exploitation

of

the

living

resources of the exclusive

economic zones of coastal States of the subregion or

region, as may be appropriate in the circumstances and

on terms satisfactory to all parties. In the implementation

of this provision the factors mentioned in paragraph 2

shall also be taken into account.

4.

Developed

land-locked

States

shall,

under

the

provisions of this article, be entitled to participate in the

exploitation of living resources only in the exclusive

economic zones of developed coastal States of the same

subregion or region having regard to the extent to which

the coastal State, in giving access to other States to the

living resources of its exclusive economic zone, has taken

into account the need to minimize detrimental effects on

fishing communities and economic dislocation in States

whose nationals have habitually fished in the zone.

5.

The

above

provisions

are

without

prejudice

to

arrangements agreed upon in subregions or regions

© Compiled by RGL

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